On July 10, 2018, the BPA was approved by the State Water Resources Control Board and subsequently approved by the Office of Administrative Law (OAL) on February 19, 2019.
The Basin Plan Amendment established a Pyrethroid Control Program (PCP) that requires permit holders to comply with a variety of actions including:
The development and submittal of a Baseline Monitoring Plan (BMP) and Quality Assurance Project Plan (QAPP) to be approved prior to any BPA related sampling events.
Monitoring requirements in order to establish baseline levels of Pyrethroid pesticides in the system, as well as continued trend monitoring.
A conditional prohibition for pyrethroid discharges in concentrations above set standards for the Sacramento and San Joaquin River Basin water bodies with aquatic life beneficial uses.
The requirement of a Pyrethroid Management Plan (PMP) and all associated documents, including an Integrated Pest Management (IPM) Policy to be developed and submitted to the Regional Water Board for approval by any Permittees who exceed those set pyrethroid discharge standards.
DISCUSSION:
The Wastewater Division submitted the BMP and QAPP to the Regional Water Board for review and approval and completed the first of three (3) baseline sampling events on January 22, 2024.
Upon receipt of the sampling results, it was determined that the City of Modesto exceeded the concentration standard for pyrethroid pesticides, triggering the requirement for the City to develop and submit a PMP.
The Regional Water Board was notified of the exceedance and responded to the City of Modesto, stating that the City shall develop and submit a PMP per all requirements outlined in the PCP. The City must submit a PMP to the Regional Water Board for approval within one (1) year of the exceedance or the Regional Board may pursue enforcement, including potential monetary liability.
The City’s PMP is a document outlining the management practices the City will adhere to in order to effectively reduce the pyrethroid levels in the municipal stormwater discharges. The PMP meets all management practices as described in Section 6c of the BPA including:
Education and Outreach Activities,
Pesticide Pollution Prevention Activities, and
Progress Reports and Adaptive Management.
Additional components of the PMP include an implementation schedule for the above activities, the PMP public outreach website content, the City of Modesto’s Integrated Pest Management Policy, the City of Modesto’s Standard Operating Procedures for the administration of Pesticides and Herbicides, and a contract clause to be included in all Vendor contracts that require application of pesticides and herbicides. These associated documents are submitted as Appendices and meet the BPA’s management practices requirement. #5..
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Economic Development Committee, September 09, 2024
City of Modesto Pyrethroid Management Plan and Integrated Pest Management Policy
The City’s IPM Policy governs City of Modesto employees, contractors hired by City departments, and all persons acting under the authority of the City in the care and maintenance of City facilities, landscaped areas, and rights-of-way (Appendix C).
Due to the City’s exceedance of the conditional prohibition pyrethroid trigger during the first sampling event of the Pyrethroid Baseline Monitoring, the City is required by the State Water Board to develop and submit for approval a PMP and all associated Appendices. These items are being presented to the City’s governing body for formal adoption prior to submittal to the Regional Water Board.
FISCAL IMPACT:
There are no costs associated with the approval of the PMP and the IPM Policy. However, there are costs associated with the implementation of various elements of the PMP and IPM. These implementation costs are reflected in the Utilities, Stormwater annual budget:
Fund Cost Center Account
Storm Drain Fund Stormwater Compliance Various
4480 44111 XXXXX
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the adoption of the City of Modesto’s Pyrethroid Management Plan and all associated documents and forwarding to Council for approval.
Approved by:
Will Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. City of Modesto Pyrethroid Management Plan
2. Appendix A - City of Modesto Pyrethroid Management Plan Implementation Schedule
3. Appendix B – Pyrethroid Management Plan Website Content
4. Appendix C – City of Modesto Integrated Pest Management Policy
5. Appendix D – City of Modesto Standard Operating Procedures for Application of Pesticides and Herbicides
6. Appendix E – City of Modesto Contract Clause for Applicators of Pesticides and Herbicides – Implementation of Integrated Pest Management Methodologies and Standard Operating Procedures
7. Acknowledgment of Exceedance and Intent to Submit a Pyrethroid Management Plan for the City of Modesto
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M A Y 2 0 2 4
C I T Y O F M O D E S T O
Pyrethroid Management Plan
P R E P A R E D B Y :
P R E P A R E D F O R :
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This Pyrethroid Management Plan is based on a framework that was developed by Larry Walker Associates, Inc. in March 2020 in collaboration with the following agencies:
City of Ceres
City of Escalon
City of Grass Valley
City of Lathrop
City of Lincoln
City of Lodi
City of Manteca
City of Newman
City of Patterson
City of Ripon
City of Riverbank
City of Roseville
City of Stockton
City of Tracy
City of Turlock
City of West Sacramento
City of Yuba City
County of San Joaquin
El Dorado County
Stanislaus County
Mountain House
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T A B L E O F C O N T E N T S
Section Page
1 INTRODUCTION.........................................................................................................................1
1.1 Management Plan Approach.............................................................................................2 2 EDUCATION AND OUTREACH ACTIVITIES .................................................................................3
2.1 Residential Outreach .........................................................................................................3
2.2 Point-of-Purchase Outreach ..............................................................................................4
2.3 Outreach Regarding Pest Control and Landscape Professionals .......................................5
2.4 Outreach for Landscape and Irrigation Practices ..............................................................5 3 PESTICIDE POLLUTION PREVENTION ACTIVITIES ......................................................................7
3.1 Practices to Reduce Pesticide Use.....................................................................................7
3.2 Implementation of Integrated Pest Management Policies and Practices .........................8
3.3 Participation in Pesticide Regulatory Processes ................................................................8 4 PROGRESS REPORTS AND ADAPTIVE MANAGEMENT.............................................................10
4.1 Reporting Requirements .................................................................................................10
4.2 Report Approach and Content ........................................................................................10
4.3 Adaptive Management....................................................................................................10 List of Appendices
Appendix A. Pyrethroid Management Plan Implementation Schedule Appendix B. Pyrethroid Management Plan Website Content
Appendix C. Integrated Pest Management Policy
Appendix D. Standard Operating Procedures for Application of Pesticides and Herbicides Appendix E. Contract Clause for Applicators of Pesticides and Herbicides #5..
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1 INTRODUCTION
On June 8, 2017, the Central Valley Regional Water Quality Control Board (Regional Water Board) adopted Resolution R5-2017-0057, the Basin Plan Amendment (BPA) for the Control of Pyrethroid Pesticide Discharges.1 The BPA was subsequently approved by the State Water Resources Control Board on July 10, 2018 and the Office of Administrative Law (OAL) on February 19, 2019. The United States Environmental Protection Agency (USEPA) approved the Pyrethroid Total Maximum Daily Loads (TMDLs) for the nine urban creeks in Sacramento and Roseville on April 22, 2019. With these approvals, the TMDLs and BPA became fully approved and effective. The BPA established a Pyrethroid Control Program that includes a variety of actions including, but not limited to:
Monitoring requirements to assess baseline conditions, as well as continued trend monitoring.
A conditional prohibition for pyrethroid discharges in exceedance of numeric triggers for Sacramento and San Joaquin River Basin water bodies with the aquatic life beneficial uses.
o If the numeric triggers are exceeded, the conditional prohibition requires the development and submittal of a Pyrethroid Management Plan (PMP) to reduce pyrethroid levels in discharges to the maximum extent practicable.
The City of Modesto (City) is regulated under the Region-wide Permit,2 is subject to the Pyrethroid BPA conditional prohibition, and is required to conduct monitoring (as a Phase I stormwater program).
The baseline monitoring was initiated in fiscal year 2023-2024 consistent with the approved Quality Assurance Program Plan (QAPP). In February 2024, the City notified the Regional Water Board that an assessment of the results indicated that the discharge exceeded the conditional prohibition pyrethroid trigger. As such, the Regional Water Board determined that the City would not have to complete the full year of baseline monitoring and, instead, initiate the development of the PMP3.
This PMP, which includes the finalized agency-specific supplemental materials, is being submitted on behalf of the City.
1 Resolution R5-2017-0057, approved by OAL on February 19, 2019. Additional information is available on the Regional Water Board website.
2 Order No. R5-2016-0040-001 issued to City of Modesto. 3 Letter from Regional Water Board to City, Acknowledgement of Exceedance and Intent to Submit a Pyrethroid Management Plan for the City of Modesto, March 1, 2024. Transmitted via email on March 20, 2024. #5..
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PYRETHROID MANAGEMENT PLAN
1.1 MANAGEMENT PLAN APPROACH
This PMP has been developed by the City to meet the requirements of the BPA and specifically, the conditional prohibition.
As part of the Region-wide Permit, the City currently implements a comprehensive stormwater program with several components that address pesticide management and reduction including, but not limited to, legal authority; public education and outreach; and pollution prevention at municipal facilities and field activities. The PMP builds on these efforts so that it leverages the currently implemented activities, while addressing the requirements of the BPA.
The PMP includes a set of management practices that, taken as a whole, may reasonably be expected to effectively reduce pyrethroid levels in the municipal stormwater discharges. The management practices identified in Section 6c of the BPA were included within the Management Plan. In addition, the City is working collaboratively with over 20 other agencies in the Central Valley Region to implement many of the required components.
The Management Plan is organized as follows:
Section 2 – Education and Outreach Activities
Section 3 – Pesticide Pollution Prevention Activities Section 4 – Progress Reports and Adaptive Management
An implementation schedule for the activities outlined in this Management Plan is provided as Appendix A.
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2 EDUCATION AND OUTREACH ACTIVITIES
The BPA includes a range of education and outreach activities for the general public that encourage management practices that minimize pesticide runoff. Consistent with the BPA, the City will build on the existing stormwater program activities to implement the following:
Residential Outreach
Point-of-Purchase Outreach
Outreach Regarding Pest Control and Landscape Professionals Outreach for Landscape and Irrigation Practices
2.1 RESIDENTIAL OUTREACH
The BPA requires the following residential outreach activity (emphasis added):
Undertake targeted outreach programs to encourage communities within a discharger’s jurisdiction to reduce their reliance on pesticides that threaten water quality, focusing efforts on those most likely to use pesticides that threaten water quality, potentially by working with DPR, County Agricultural Commissioners, and the University of California Statewide Integrated Pest Management Program, or other entities as appropriate.
The City will enhance existing, targeted outreach programs that convey messages to residents specific to the proper use and application of pesticides in an urban context, as well as encourage the use of less toxic options to help reduce reliance on pesticides that threaten water quality.
The residential outreach activities that are or will be implemented that specifically support this messaging include the following:
E-Newsletters – The City sends an e-newsletter to the residents that will include messaging regarding stormwater-related topics, including proper pesticide use and disposal, as well as encouraging the use of less toxic pest control products and methods. Website – The City4 provides pesticide-specific outreach on their municipal website.
Specific to the PMP, the website includes a range of information for residents, including pesticides and gardening and proper disposal of pesticides. Additional information about hiring pest control and landscape professionals (see Section 2.3), and landscape design and irrigation management to reduce pesticide runoff (see Section 2.4) will be added to the website, as applicable (see Appendix B for content that may be incorporated into the website). The City may also provide pesticide-specific outreach cooperatively with the San Joaquin Valley Stormwater Quality Partnership and its stormwater website, once it is updated.5
Household Hazardous Waste – The City encourages public participation in pesticide reduction efforts by coordinating with the Household Hazardous Waste (HHW) program to encourage proper pesticide disposal.
4 https://www.modestogov.com/2626/Stormwater-Best-Management-Practices 5 http://sjvswqp.org
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Our Water – Our World (OWOW) – The City is a CASQA member, has subscribed to OWOW, and has contracted with an OWOW IPM Advocate to implement the program.
The IPM Advocate conducts the following activities as a part of the program:
o Mentoring / training for store employees, which allows them to educate the public. o Hosts in-store public outreach events to talk directly with potential customers about options and recommendations for less toxic methods of pest control. o Sets up and maintains in-store racks containing OWOW outreach materials, which provide customers with information regarding the potentially adverse impacts of pesticides on water quality, proper pesticide use and disposal, and less toxic methods of pest control.
UC Master Gardeners – The City coordinates with UC Master Gardeners6 to provide workshops and training to the community regarding integrated pest management (IPM) and other pesticide-related topics.
2.2 POINT-OF-PURCHASE OUTREACH
The BPA requires the following point-of-purchase outreach activity (emphasis added):
Make available point-of-purchase outreach materials to pesticide retailer(s) in or near the Permittee’s jurisdiction. These materials shall provide targeted information on proper pesticide use and disposal, potential adverse impacts on water quality, and less toxic methods of pest prevention and control.
As noted in Section 2.1, the City is a CASQA member, has subscribed to OWOW, and has contracted with an OWOW IPM Advocate to implement the program. The OWOW IPM Advocate will provide outreach to three stores within the City’s jurisdiction, with implementation beginning in fall 2024. The IPM Advocate is responsible for setting up and maintaining in-store racks containing OWOW outreach materials. These materials and literature provide customers with information regarding the potentially adverse impacts of pesticides on water quality, proper pesticide use and disposal, and less toxic methods of pest control. The OWOW IPM Advocate also visits local stores on a regular basis. Activities at the store visits include the following:
Interacting with customers to answer questions regarding less toxic and stormwaterfriendly methods of pest control for a variety of pests; Holding discussions with store employees regarding how to use the blue OWOW “shelf talkers” to identify less toxic pesticides; how to promote IPM to handle specific diseases, insects, or weeds that are of special interest at that time of year; and how to use the OWOW literature rack; and
Replenishing the literature rack with OWOW materials, including “shelf talkers,” fact sheets in English and Spanish that address specific pests or gardening and pesticiderelated topics, and pocket guides. 6 http://mg.ucanr.edu
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2.3 OUTREACH REGARDING PEST CONTROL AND LANDSCAPE
PROFESSIONALS
The BPA requires the following outreach activity regarding pest control and landscape professionals (emphasis added):
Conduct outreach to Permittee’s residents and businesses who may hire structural pest control and landscape professionals that contains messages that (a) explain the links between pesticide usage and water quality; and (b) provides information about structural pest control IPM certification programs and IPM for landscape professionals.
The City will enhance existing, targeted outreach programs that convey messages to residents and businesses regarding the best approaches and practices for structural pest control and landscape professionals specific to the use and application of pesticides in an urban context, as well as encouraging the use of less toxic options to help reduce reliance on pesticides that threaten water quality and IPM certification. . The outreach activities that are or will be implemented that specifically support this messaging include the following: :
Website – The City will provide pesticide-specific outreach on its municipal website.7 Specific to the PMP, the website will provide outreach to residents and help them ensure that whoever is hired utilizes IPM and has the required licenses, registration, certificate, and insurance (see Appendix B for content that may be incorporated into the website).
The City may also provide pesticide-specific outreach cooperatively with the San Joaquin Valley Stormwater Quality Partnership and its website, once it is updated.8
2.4 OUTREACH FOR LANDSCAPE AND IRRIGATION PRACTICES
The BPA requires the following outreach activity for landscape and irrigation practices (emphasis added):
Encourage public and private management practices (e.g., landscape design, irrigation management, etc.) that minimize pesticide runoff.
The City will enhance existing, targeted outreach programs that convey messages specific to landscape design and irrigation management that minimize pesticide runoff. The outreach activities that are or will be implemented that specifically support this messaging include the following:
Website – The City will provide pesticide-specific outreach on its municipal website.9 Specific to the PMP, the website will provide outreach to residents and businesses regarding landscape design and irrigation practices (see Appendix B for content that may be incorporated into the website). The City may also provide pesticide-specific outreach cooperatively with the San Joaquin Valley Stormwater Quality Partnership and its website, once it is updated.10
7 https://www.modestogov.com/2626/Stormwater-Best-Management-Practices 8 http://sjvswqp.org
9 https://www.modestogov.com/2626/Stormwater-Best-Management-Practices 10 http://sjvswqp.org
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Our Water – Our World (OWOW) – The City is a CASQA member, has subscribed to OWOW, and has contracted with an OWOW IPM Advocate to implement the program.
The IPM Advocate conducts the following activities as a part of the program:
o Host in-store public outreach events to talk directly with potential customers about landscape management recommendations, including irrigation practices optimized for plant health and minimal runoff.
o Filling and maintaining in-store racks with OWOW outreach materials and literature regarding irrigation practices.
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3 PESTICIDE POLLUTION PREVENTION ACTIVITIES
The BPA includes a range of pollution prevention activities for public agencies that reduce reliance on pesticides that adversely impact water quality. Consistent with the BPA, the City will build on the existing stormwater program activities to implement the following pollution prevention BMPs:
Practices to Reduce Pesticide Use
Implementation of Integrated Pest Management Policies and Practices Participation in Pesticide Regulatory Processes
3.1 PRACTICES TO REDUCE PESTICIDE USE
The BPA requires the following practices to reduce pesticide use (emphasis added):
Reduce reliance on pyrethroids and other pesticides that threaten water quality by adopting and implementing policies or procedures that minimize the use of pesticides that threaten water quality in the discharger’s operations and on the discharger’s property.
The activities to reduce pesticide use that will be implemented by the City include the following:
Pesticide-Related Policies and Procedures – The City has developed and will implement pesticide-related policies and procedures in order to reduce reliance on pyrethroids and other pesticides that threaten water quality. These include the following:
o Integrated Pest Management (IPM) Policy – Adoption and utilization of an IPM Policy. This Policy promotes the protection of the residents and visitors, as well as the local waterways, and utilizes a pest management strategy that promotes the long-term suppression of pest problems with minimum impact on non-target organisms and the environment as well as a reduction in use of pesticides (Section
3.2 and Appendix C).
o Standard Operating Procedures (SOPs) for Application of Pesticides and Herbicides – The SOPs define protocols for the safe routine and non-routine storage, application, and disposal of pesticides to reduce runoff of these chemicals to the storm drain system (Appendix D).
o Contract Language for Applicators of Pesticides and Herbicides – Contract language has been developed that specifies an IPM-based approach be utilized prior to the use and application of pesticides. When pesticides must be used, the Contractor shall follow the procedures within the SOPs for Application of Pesticides and Herbicides (Appendix E).
Staff Training – The City will train their staff on pesticide-related policies and procedures using external training resources, such as IPM training modules developed by the Central Valley region group.
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3.2 IMPLEMENTATION OF INTEGRATED PEST MANAGEMENT POLICIES
AND PRACTICES
The BPA requires the implementation of IPM policies and practices, as follows:
Develop and implement an Integrated Pest Management policy that:
o Is consistent with IPM as defined by the University of California Statewide IPM Program (UC-IPM) or the California Structural Pest Control Board definition. o Applies to all Permittee staff who conduct or contract for pest management and to pest management vendors under contract to the Permittee. o Assigns responsibilities to a designated staff position and/or department to coordinate Permittee activities and ensure that the IPM policy is implemented.
The IPM policies and practices that will be developed and implemented by the City include the following:
Integrated Pest Management Policy (Appendix C) – The Policy promotes the protection of the residents and visitors, as well as the local waterways, and utilizes a pest management strategy that promotes the long-term suppression of pest problems with minimum impact on non-target organisms and the environment as well as a reduction in use of pesticides.
Least toxic pesticides are used only after an assessment indicates such a need, consistent with the provisions of this IPM Policy.
3.3 PARTICIPATION IN PESTICIDE REGULATORY PROCESSES
The BPA requires support of pollution prevention through participation in pesticide regulatory processes, as follows (emphasis added):
Track USEPA and DPR pesticide evaluation and registration activities as they relate to surface water quality and encourage these agencies to accommodate urban water quality concerns within their pesticide registration processes. This may include assembling and submitting available information (such as monitoring data) to USEPA and DPR during public comment periods to assist in their pesticide evaluation and registration activities. This best management practice would be implemented most effectively through a cooperative regional or statewide approach.
The City is a member of and participates in the California Stormwater Quality Association (CASQA). One of CASQA’s subcommittees, the Pesticides Subcommittee (PSC) currently conducts a number of activities that assist in tracking and reporting on the USEPA and DPR pesticide evaluation and registration activities. These have generally included the following:
Regulatory-Related Activities – The PSC addresses pesticide uses that impact stormwater discharges, provides input to EPA and DPR to improve regulations, compiles relevant information, assists members with compliance strategies, and coordinates its activities with other agencies statewide. The types of activities include:
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o Support for the formation of the Urban Pesticides Coordinated Monitoring Program (potential statewide monitoring program);
o Review of scientific literature to update and prioritize the Pesticide Watch List; o Prepare written comments to EPA on its Endangered Species Act Pesticides Risk Assessment proposed procedures and pesticide evaluations and re-registrations. Annual Report – This report provides a summary of the CASQA efforts that were conducted on behalf of the membership during that reporting year to prevent pesticide pollution in urban waterways.
On an annual basis, CASQA identifies the highest priority activities and implements these activities based on available funding and membership needs. As such, implementation of past activities, such as those described above, is not a guarantee of continued implementation of similar activities in the future.
In addition, the State Water Resources Control Board (State Water Board) is developing Urban Pesticide Amendments (UPAs) to the Inland Surface Waters, Enclosed Bays, and Estuaries Plan and the Ocean Plan. This work effort is a part of the STORMS projects.11 The UPAs are expected to formalize proactive regulation of pesticides by the Department of Regulation (DPR) and identify cost effective activities that can be implemented or supported by the regulated entities. 11 https://www.waterboards.ca.gov/water_issues/programs/stormwater/storms/ #5..
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4 PROGRESS REPORTS AND ADAPTIVE MANAGEMENT
4.1 REPORTING REQUIREMENTS
The BPA requires an annual progress report to document the management practices that have been implemented, evaluate pyrethroid concentrations with respect to the pyrethroid triggers, and identify effective actions to be taken in the future. Accordingly, the City will prepare and submit a progress report by October 1 each year in conjunction with the annual report submittal for the Region-wide Permit. Pending approval of this Management Plan, the first progress report is anticipated to be submitted in October 2025 (for Fiscal Year 2024-2025).
4.2 REPORT APPROACH AND CONTENT
The BPA requires an annual progress report, as follows:
A progress report shall be provided to the Board annually or at a frequency consistent with the discharger’s permit requirements to document the management practices that have been implemented, to evaluate pyrethroid concentrations with respect to the pyrethroid triggers, and to identify effective actions to be taken in the future. The progress report can be included in other reports submitted to the Board, as appropriate.
The City will evaluate the implementation of the required management practices and present the results in narrative, tabular, and/or graphical form, as appropriate. The annual progress report may include, but not be limited to, the following:
Documentation of the management practices that have been implemented o A narrative summary of BMP implementation, by category (i.e., Education and Outreach Activities and Pesticide Pollution Prevention Activities). o Tabular and/or graphical presentations of BMP implementation, as well as summary statistics or other general descriptors to clearly present the implementation results.
Evaluation of pyrethroid concentrations with respect to the pyrethroid triggers. Identification of effective actions to be taken in the future o This information will be identified through the adaptive management process (see Section 4.3).
4.3 ADAPTIVE MANAGEMENT
The BPA acknowledges that during the course of Management Plan implementation, if the pyrethroid numeric triggers are not being met, adaptive management may be necessary:
If the management practices do not result in discharge concentrations at or below the pyrethroid numeric triggers, then the MS4 discharger shall either identify any available, reasonable and feasible additional/alternative practices for implementation, or provide a justification for why current practices are expected to result in achieving the triggers #5..
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within a reasonable timeframe. This justification may include actions required by state and federal regulations.
As a part of the reporting process, and on approximately a five-year timeframe, the City will qualitatively evaluate the effectiveness of the Management Plan, as well as the experience that staff has had in implementing the Management Plan, to identify potential modifications and refine the Management Plan approach, as needed.
The Management Plan may be reviewed and revised in the future based on the following:
Analysis of trend monitoring results (5-10 year period of record); Completion of the Urban Pesticide Amendments expected to formalize proactive regulation of pesticides by the DPR and identify cost-effective activities that can be implemented or supported by the regulated entities, including the City (see Section 3.3); Identification by the City of changes to improve the effectiveness of specific Management Plan activities, based on its experience in implementing the stormwater program and the activities described in Section 2 and Section 3.
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APPENDIX
Pyrethroid Management Plan Appendices
Appendix A: Pyrethroid Management Plan Implementation
Schedule
Appendix B: Pyrethroid Management Plan Website Content
Appendix C. Integrated Pest Management Policy
Appendix D. Standard Operating Procedures for
Application of Pesticides and Herbicides
Appendix E. Contract Clause for Applicators of Pesticides and Herbicides
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APPENDIX A
Pyrethroid Management Plan Implementation
Schedule
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APPENDIX B
Pyrethroid Management Plan Website Content
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APPENDIX C
Integrated Pest Management Policy
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APPENDIX D
Standard Operating Procedures for Application of
Pesticides and Herbicides
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APPENDIX E
Contract Clause for Applicators of Pesticides and
Herbicides
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City of Modesto
Pyrethroid Management Plan Implementation Schedule
Pyrethroid Management Plan Section and Implementation Annual Implementation Actions J A S O N D J F M A M J
2. Education and Outreach Activities
2.1 Residential Outreach
eNewsletters - Distribute seasonally
Website - Provide pesticide-related outreach, update as needed
OWOW - IPM Advocate to implement the program
2.2 Point-of-Purchase Outreach
OWOW - IPM Advocate to implement the program
eNewsletters - Distribute seasonally
2.3 Outreach Regarding Pest Control and Landscape
Professionals
eNewsletters - Distribute seasonally
Website - Provide pesticide-related outreach, update as needed
2.4 Outreach for Landscape and Irrigation Practices
eNewsletters - Distribute seasonally
Website - Provide pesticide-related outreach, update as needed
OWOW - IPM Advocate to implement the program
3. Pesticide Pollution Prevention Activities
3.1 Practices to Reduce Pesticide Use
Implement the pesticide-related policies and
procedures
Train staff on pesticide-related policies and procedures
3.2 Implementation of Integrated Pest Management
Policies and Practices
Implement IPM-related policies and procedures
3.3 Participation in Pesticide Regulatory Processes
Track USEPA and DPR pesticide evaluation and
registration activities (CASQA)
4. Progress Reports and Adaptive Management
4.2 Annual Progress Report
Submit annual progress report
4.3 Adaptive Management
Implement adaptive management process (~every five
years)
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Inoduction0 App
Regional Pyrethroid Management Plan Implementation February 2022 Larry Walker Associates, Inc. 1
General Scope of Work Pyrethroid Management Plan Website Content
1.0 Overview
To meet the requirements of the Pyrethroid Control Program, agencies need to implement several education and outreach activities that encourage management practices to minimize pesticide use and runoff. The requirements that will be addressed, in part, using a web-based outreach mechanism include residential outreach, outreach regarding pest control and landscape professionals, and outreach for landscape and irrigation practices (Table 1 and Table 2). The purpose of this document is to identify a framework and content for each page and sub-page of the web-based interface. Once the content is finalized, it can then be incorporated into one or more websites and shared amongst agencies, as needed.
Table 1. Recommended Activities from Scope of Work
Basin Plan Amendment Requirement
Recommended Activity /
Outreach Mechanism
Residential
Point-ofPurchase
Pest Control
and
Landscape
Professionals
Landscape
and Irrigation
Practices
Website
Table 2. Pyrethroid Control Program Requirements to Be Addressed via Web-Based Outreach Basin Plan Amendment Requirement Pyrethroid Management Plan Component Undertake targeted outreach programs to
encourage communities within a discharger’s
jurisdiction to reduce their reliance on pesticides
that threaten water quality, focusing efforts on
those most likely to use pesticides that threaten
water quality, potentially by working with DPR,
County Agricultural Commissioners, and the
University of California Statewide Integrated Pest
Management Program, or other entities as
appropriate.
Residential Outreach
Conduct outreach to Permittee’s residents and
businesses who may hire structural pest control
and landscape professionals that contains
messages that (a) explain the links between
pesticide usage and water quality; and (b)
provides information about structural pest control
IPM certification programs and IPM for landscape
professionals.
Outreach [Regarding] Pest Control and
Landscape Professionals
Encourage public and private management
practices (e.g., landscape design, irrigation
management, etc.) that minimize pesticide
runoff.
Outreach for Landscape and Irrigation Practices
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Regional Pyrethroid Management Plan Implementation February 2022 Larry Walker Associates, Inc. 2
General Scope of Work Pyrethroid Management Plan Website Content
2.0 Website Framework
The website organizational framework, or site map, is summarized within this section. To ensure that the applicable requirements are effectively addressed, the key target audiences (i.e., residents and businesses), topics, and activities were considered and incorporated into proposed website section titles (Table 3). This framework also provides a placeholder to link the e-newsletters and make them broadly accessible.
Table 3. Website Framework and Sections
Pyrethroid Management Plan Component Proposed Website Sections All Outreach Pesticide Landing Page
General Pesticide Information
Pyrethroid Pesticides in Waterways
Point-of-Purchase
Learn More
Contact Us
Subscribe to the E-Newsletter
E-Newsletter Archive
Residential Outreach Information for Residents
Pesticides and Gardening
Disposing of Pesticides
Outreach Regarding Pest Control and Landscape
Professionals
Information for Residents
Hiring Pest Control and Landscape
Professionals
Information for Businesses
Hiring Pest Control and Landscape
Professionals
Outreach for Landscape and Irrigation Practices Information for Residents Landscape Design and Irrigation
Management to Reduce Pesticide Runoff
Information for Businesses
Landscape Design and Irrigation
Management to Reduce Pesticide Runoff
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General Scope of Work Pyrethroid Management Plan Website Content The framework is structured such that website visitors will be greeted with a Pesticide Landing Page, which will provide basic pyrethroid pesticide information and link to other webpages directed to the key target audiences. This site map is presented in Figure 1. Agencies have two options for providing this outreach: (1) an agency can host all website content on its own stormwater website, or (2) an agency can provide key information on one page, with a link to a more detailed regional Pyrethroid Control Program website. Some overlap exists between the information to be provided for residents and businesses. The website content is detailed in Section 3.0.
Figure 1. Website Site Map
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2.1. Option 1: Website Content Hosted on Individual Agency Stormwater Page If the website content will be hosted directly on an individual agency’s stormwater page, the content and framework can be used as presented in Section 3.0. Look for the blue highlighted text throughout the content sections for areas where the content can be customized to your local agency. #5..
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2.2. Option 2: Website Content Hosted on Regional Pyrethroid Control Program Website If agencies decide to host the bulk of the website content on a Regional Pyrethroid Control Program Website, the content and framework can be used with slight modification. A Regional Pyrethroid Control Program Website landing page should be created on each local agency’s stormwater website with the following sections, customized to each agency:
Point-of-Purchase
Disposing of Pesticides
Learn More
Point-of-Purchase
“Point-of-purchase” or “point-of-sale” campaigns are focused efforts to educate and raise awareness among both retailers and consumers so that they can make informed decisions about what types of products are available for sale (retailers) and what products are most effective, least harmful, and ultimately purchased (consumers). Point-of-purchase displays often include materials such as shelf edging or tags and display stands with fact sheets, banners, and other educational materials Our Water – Our World (OWOW) is an example of an established point-of-purchase program that is implemented in retail stores that sell pest control products in northern California.
TAKE ACTION! Next time you visit your local gardening and home supply retailer, look for displays and educational materials about pesticides and which controls are best for each type of pest that you may encounter. You can also click here to find stores near you that participate in the OWOW program.
[Agency-Specific Customization: Additional information can also be provided if there are specific stores that should be highlighted or other aspects of a local program that should be noted.] Disposing of Pesticides
If you have pesticides (liquid or solid) that you no longer need, they must be disposed of properly so that they do not harm you or the environment. Any leftover pesticides must be taken to your local household hazardous waste (HHW) facility. You can find your nearest HHW location by calling the California Environmental Hotline (1-800-253-2687). Residents may only dispose of empty pesticide containers in the trash without rinsing them.
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General Scope of Work Pyrethroid Management Plan Website Content TAKE ACTION! Take your unused pesticides to [Insert information about your municipality’s local hazardous waste collection facility. Include physical address, facility hours, phone number, and website, if applicable].
Learn More
Contact Us
[Insert agency contact information here]
Subscribe to the E-Newsletter
Our e-newsletters contain pesticide-related information for residents and business owners. To have the enewsletter delivered straight to your inbox: [Create a link to an e-newsletter sign-up form, or insert a sign-up form directly on the webpage]
E-Newsletter Archive
View our archive of e-newsletters to learn more about integrated pest management, less-toxic alternatives, and pesticide use and disposal: [Insert a link to the e-newsletter archive page] Our Water, Our World Virtual Workshops [OPTIONAL]
View our archive of virtual workshops provided by Our Water, Our World (OWOW) to learn more about integrated pest management, reading a pesticide label and more: [Insert links to the virtual workshops] Link to the Regional Pyrethroid Control Program Website [Insert links to the Regional Pyrethroid Control Program Website] TAKE ACTION! To properly dispose of
your unused chemicals, take them to the San Joaquin
County Hazardous Waste Facility (7850 R. A.
Bridgeford Street, Stockton, CA 95206). This facility is open to the public, free of charge on Thursdays,
Fridays, and Saturdays from 9 AM – 3 PM. For more
information, call the County Solid Waste Office at
(209) 468-3066 or visit their website:
https://www.sjgov.org/solidwaste/hhw.
EXAMPLE: INDIVIDUAL AGENCY
Image 6. Waste Disposal
Source: https://depositphotos.com/389161950/stock-illustrationwaste-sorting-different-types-of.html TAKE ACTION! Any amount of unused
pesticide must be disposed of at your local household
hazardous waste facility or event. Regardless of what
the label may say, it is illegal in California to dispose of any amount of pesticide in the trash. To properly
dispose of your unused chemicals, take them to the
San Joaquin County Hazardous Waste Facility (7850
R. A. Bridgeford Street, Stockton, CA 95206). This
facility is open to the public, free of charge on
Thursdays, Fridays, and Saturdays from 9 AM – 3 PM.
For more information, call the County Solid Waste
Office at (209) 468-3066 or visit their website:
https://www.sjgov.org/solidwaste/hhw.
EXAMPLE TEXT: INDIVIDUAL AGENCY
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3.0 Website Content
The content for each page is provided within this section. The information covered is consistent with the Basin Plan Amendment requirements, as well as the individual agency Pyrethroid Management Plans that were submitted to the Central Valley Regional Water Quality Control Board. The presentation of information in this section has been streamlined from the site map in Figure 1 and is organized as follows:
Pesticide Landing Page (Section 3.1)
General Pesticide Information
Pyrethroid Pesticides in Waterways
Point-of-Purchase
Information for Residents (Section 3.2)
Pesticides and Gardening
Disposing of Pesticides
Information for Residents and Businesses (Section 3.3) Hiring Pest Control and Landscape Professionals
Landscape Design and Irrigation Management to Reduce Pesticide Runoff Learn More (Section 3.4)
Contact Us
Subscribe to the E-Newsletter
E-Newsletter Archive
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3.1. Pesticide Landing Page
The State of California has regulations in place to protect water quality in the Sacramento and San Joaquin River watersheds. The regulations focus on managing pesticide use to prevent harm to aquatic life in our streams and rivers. Such aquatic organisms include fish, reptiles, amphibians, crayfish, mussels, mollusks, and crustaceans.
Any chemicals used in our yard and gardens can be washed off directly into streams and rivers. It is best to use less toxic pesticides or other means of controlling unwanted pests, rather than harmful pesticides. Click here for more information about how pesticides are affecting water quality and how pesticides get into our streams and rivers.
As part of this effort, this website provides information about pesticides, less toxic alternatives to control pests, and integrated pest management for residents and businesses. Small changes made around your home or business—something as simple as not spraying a pesticide on a windy day or addressing a pest issue without using pesticides—can make a big difference in our local water quality.
Look for the TAKE ACTION! items to see how you can make a difference.
Image 1. Stream
Source: https://unsplash.com/photos/ko7Tp_LyAt4
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General Scope of Work Pyrethroid Management Plan Website Content General Pesticide Information
Pesticides and herbicides are used to control unwanted bugs and plants (“pests”) such as insects (ants, wasps), rodents (mice, rats), weeds, or other unwanted organisms. Although efficient, even when used correctly, these chemicals can cause harm to human health or have negative consequences within the environment. It is important to consider less toxic or other alternatives and always follow label instructions when pesticide applications are needed.
TAKE ACTION! Read the label of the pesticide you are thinking about purchasing and select the pesticide carefully. Ensure that it is appropriate for the pest and determine where you will use it. Click here to learn more about how to read a pesticide label [Note – this links to a .pdf]or here for what to look for or here for common questions and answers about pesticide labels.
In California, pesticides are regulated by the Department of Pesticide Regulation (DPR) as well as by the United States Environmental Protection Agency (USEPA). To learn more about why pesticides can be harmful and how they are regulated, visit the following websites:
United States Environmental Protection Agency (USEPA) California Department of Pesticide Regulation (DPR)
Image 2. Pesticide Bottle
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General Scope of Work Pyrethroid Management Plan Website Content Pyrethroid Pesticides in Waterways
Although there are many different types of pesticides, one group of pesticides called pyrethroids is of particular concern because they are being found in our local waterways. Pyrethroid pesticides are primarily used for ants, cockroaches, and other insects. However, it takes them a long time to break down into less harmful components once they’re in the environment, which means that they can cause unintended harm to many other types of beneficial insects (e.g., bees, ladybugs) and aquatic life.
TAKE ACTION! Products that contain pyrethroids
typically have active ingredients that end with the letters “- thrin.” When reading the pesticide label, look to see if any of the active ingredients include the following:
Permethrin
Bifenthrin
Cyfluthrin
Beta-cyfluthrin
Cypermethrin
Deltamethrin
Lambda-cyhalothrin
Tralomethrin
Esfenvalerate (an exception to the “-thrin” rule)
If a pyrethroid is an active ingredient, consider other ways that you might address the pest, such as other less toxic pesticides or controls that do not require the use of a pesticide.
To learn more, visit Our Water – Our World: Pesticides and Water Quality.
Image 3. Pesticide Label
Source: Internal Origination
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General Scope of Work Pyrethroid Management Plan Website Content Point-of-Purchase
“Point-of-purchase” or “point-of-sale” campaigns are focused efforts to educate and raise awareness among both retailers and consumers so that they can make informed decisions about what types of products are available for sale (retailers) and what products are most effective, least harmful, and ultimately purchased (consumers). Point-of-purchase displays often include materials such as shelf edging or tags and display stands with fact sheets, banners, and other educational materials Our Water – Our World (OWOW) is an example of an established point-of-purchase program that is implemented in retail stores that sell pest control products in northern California.
TAKE ACTION! Next time you visit your local gardening and home supply retailer, look for displays and educational materials about pesticides and which controls are best for each type of pest that you may encounter. You can also click here to find stores near you that participate in the OWOW program.
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3.2. Information for Residents
Pesticides and Gardening
Unwanted insects in your lawn, garden, or home can be a source of frustration and damage the plants that you are trying to grow and maintain. Some pests can also potentially transmit disease. In order to effectively prevent or remove these pests, it is important to understand what is attracting them, how they are entering the home or garden, and what control is best for that specific pest. Approaching pests in this manner will save money, have a longer-lasting effect on the pest, and protect the environment.
TAKE ACTION! The next time you need to address a pest in your home or garden, follow the steps below.
1. Identify if the Bug is Good or Bad
Check if the bug you are seeing is a beneficial insect that eats the “bad” bugs and pollinates your plants. Click here for the 10 Most Wanted Bugs in Your Garden [Note – this links to a .pdf] or here to identify typical beneficial insects.
2. Identify What Controls are Best for Your Pest
The OWOW partnership and the UC Integrated Pest Management Program have detailed information that can help you determine the best method to control your pest.
English Ants | En Español: Hormigas
English: Aphids | En Español: Áfidos o pulgones
English: Bed Bugs | En Español: Chinches
English: Cockroaches | En Español: Cucarachas
English: Fleas | En Español: Pulgas
English: Moles, Voles, Gophers | En Español: Tuzas
English: Mosquitoes | En Español: Mosquitos
English: Rats and Mice | En Español: Ratas y Ratones
English: Snails and Slugs | En Español: Caracoles y babosas English: Spiders | En Español: Arañas
English: Yellow Jackets | En Español: Avispas chaqueta amarilla Image 5. Gardening
Source: https://unsplash.com/photos/_Vqx0tE38o
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3. Consider No or Less Toxic Alternatives
First, try control pests with less toxic methods, such as traps, mulch, insecticidal soap, or beneficial insects like ladybugs. To learn more about less toxic pest management methods and products, visit the OWOW partnership or University of California.
4. If You Must Use Pesticides – Follow These Best Practices Read labels and apply pesticides using recommended amounts and application methods. Use the least amount of chemical needed. Remember, more is not always better. Avoid application when it is windy or before it rains. Don’t overwater the area immediately after pesticide application. Excess water will carry the chemicals straight to the storm drain system and then to the local streams and rivers. Take care not to spill the product, and don’t rinse spills into the street. If a spill occurs, absorb it with sawdust or kitty litter, sweep the absorbent material into a paper bag, and take absorbent material to your local hazardous waste collection facility. You may also contact your County Agricultural Commissioner or the County Office of Environmental Health to ask how to dispose of the bagged absorbent material.
Additional best practices can be found here.
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General Scope of Work Pyrethroid Management Plan Website Content Disposing of Pesticides
If you have pesticides (liquid or solid) that you no longer need, they must be disposed of properly so that they do not harm you or the environment. Any leftover pesticides must be taken to your local household hazardous waste (HHW) facility. You can find your nearest HHW location by calling the California Environmental Hotline (1-800-253-2687). Residents may only dispose of empty pesticide containers in the trash without rinsing them.
TAKE ACTION! Take your unused pesticides to [Insert information about your municipality’s local hazardous waste collection facility. Include physical address, facility hours, phone number, and website, if applicable].
Image 6. Waste Disposal
Source: https://depositphotos.com/389161950/stock-illustrationwaste-sorting-different-types-of.html TAKE ACTION! Any amount of unused
pesticide must be disposed of at your local household
hazardous waste facility or event. Regardless of what
the label may say, it is illegal in California to dispose of any amount of pesticide in the trash. To properly
dispose of your unused chemicals, take them to the
San Joaquin County Hazardous Waste Facility (7850
R. A. Bridgeford Street, Stockton, CA 95206). This
facility is open to the public, free of charge on
Thursdays, Fridays, and Saturdays from 9 AM – 3 PM.
For more information, call the County Solid Waste
Office at (209) 468-3066 or visit their website:
https://www.sjgov.org/solidwaste/hhw.
EXAMPLE TEXT: INDIVIDUAL AGENCY
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General Scope of Work Pyrethroid Management Plan Website Content EXAMPLE TABLE: REGIONAL WEBSITE WITH INFORMATION FOR MULTIPLE AGENCIES Location Local Household Hazardous Waste Facility
City of Ceres Stanislaus County Household Hazardous Waste Collection Address: 1710 Morgan Road, Modesto, CA 95358
Phone: 209-525-4123
City of Lathrop San Joaquin County Household Hazardous Waste Consolidation Facility Address: 7850 R.A. Bridgeford Street, Stockton, CA 95206 Phone: 209-468-3066
El Dorado County El Dorado Disposal Materials Recovery Facility Address: 4100 Throwita Way, Diamond Springs, CA 95667
Phone: 530-626-4141 or 530-642-0731
El Dorado Hills Fire Station
Address: 3670 Bass Lake Road, El Dorado Hills, CA 95762 Phone: (HHW Hotline) 530-295-4100
South Lake Tahoe Refuse Transfer Station Materials Recovery Facility Address: 2140 Ruth Avenue, South Lake Tahoe, CA 96150
Phone: 530-541-5105
Tahoe Truckee Sierra Disposal
Address: Hwy 89 & Cabin Creek Rd, Truckee, CA 96161
Phone: 530-583-7800
Stanislaus County Stanislaus County Household Hazardous Waste Collection Address: 1710 Morgan Road, Modesto, CA 95358
Phone: 209-525-4123
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3.3. Information for Residents and Information for Businesses [Note: These two sections will be provided within both the “Information for Residents” and “Information for Businesses” pages.]
Hiring Pest Control and Landscape Professionals
When dealing with unwanted pests around your home or business, you may want to hire a pest control service to take care of the problem for you. Pest control professionals have access to different products, specialized training, and other equipment that may be needed in order to manage a serious infestation or problem.
Pest management professionals can learn more about integrated pest management approaches and available training by visiting the UC IPM Program for structural pest management or landscape pest management.
TAKE ACTION! By following these steps, you can support pest control companies that understand and implement integrated pest management and less toxic approaches.
1. Do some research about the pest you have and how it
can be controlled.
2. Ensure the pest control operator has a license issued by the California State Structural Pest Control Board
and any other registrations, certifications, or
insurance required. To verify the license for a pest
control operator, visit the Department for Consumer
Affairs.
3. Hire a pest control operator who is certified as using integrated pest management practices, applies
effective non-chemical strategies first, and knows
how to effectively manage pests. Some questions
that you can ask and things to consider can be found
here and here. Several certification groups can also be helpful in finding a pest control company:
Eco Wise Certified
Green Shield Certified
Green Pro Certified
Image 7. Pest Control
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General Scope of Work Pyrethroid Management Plan Website Content Landscape Design and Irrigation Management to Prevent Pesticide Runoff Proper design and management of the landscaping around our homes and businesses can help prevent pesticide runoff from these areas into local waterbodies. Some ways to reduce your landscaping irrigation needs and keep irrigation water onsite can be found here and here. Discover county-specific tips by using the UC Seasonal Landscape IPM Checklist.
TAKE ACTION! Slow the flow by following the University of California’s Statewide Integrated Pest Management Program recommendations for pesticide-smart landscape design:
Help water soak into the ground.
Use stones, pavers, gravel, mulch, or other materials that allow water to soak into the ground in areas where you
don’t have plants.
Aerate your soil and use organic material, like compost, as well as perforated drainage lines, to reduce areas of water pooling in your landscaping.
Create landscape features to collect runoff water.
Consider using trees, rain gardens, terrace walls, rain barrels, or swales (long, shallow, grassy depressions) to hold water within the landscaped area and allow it to soak into the ground rather than draining directly to our surface waterbodies.
Consider using river-friendly gardening approaches such as selecting appropriate plants, minimizing the use of
chemical pesticides, and creating "hydrozones" by grouping plants according to water needs. Learn more about how to make your yard river-friendly on the Lodi Watershed
Friendly Landscaping website or by following these River-Friendly Landscape Guidelines. Install and properly operate irrigation systems and equipment. Make sure your irrigation equipment is working properly by regularly inspecting it and consider installing a “smart” irrigation controller to reduce overwatering.
Image 8. Landscape Design
Source: https://unsplash.com/photos/fv2jr89ajTE
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3.4. Learn More
Contact Us
[Insert agency contact information here]
Subscribe to the E-Newsletter
Our e-newsletters contain pesticide-related information for residents and business owners. To have the enewsletter delivered straight to your inbox: [Create a link to an e-newsletter sign-up form, or insert a sign-up form directly on the webpage]
E-Newsletter Archive
View our archive of e-newsletters to learn more about integrated pest management, less-toxic alternatives, and pesticide use and disposal: [Insert a link to the e-newsletter archive page] Our Water, Our World Virtual Workshops [OPTIONAL]
View our archive of virtual workshops provided by Our Water, Our World (OWOW) to learn more about integrated pest management, reading a pesticide label and more: [Insert links to the virtual workshops] #5..
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4.0 External References (Hyperlinks)
The hyperlinks embedded throughout the website content are provided below, organized by the website section within which they should be linked.
Pesticide Landing Page
UC IPM: How Are Pesticides Affecting Water Quality:
http://ipm.ucanr.edu/WATER/U/watqual.html
UC IPM: How Do Pesticides Get into Our Creeks and Rivers:
http://ipm.ucanr.edu/WATER/U/stormdrain.html
General Pesticide Information
US EPA: Pesticides: https://www.epa.gov/minimum-risk-pesticides/what-pesticide US EPA: Pesticide Labeling Questions & Answers: https://www.epa.gov/pesticidelabels/pesticide-labeling-questions-answers CA Department of Pesticide Regulation: https://www.cdpr.ca.gov/ UC IPM: Pesticides and Water Quality: http://ipm.ucanr.edu/WATER/U/watqual.html UC IPM: How Pesticides Get Into…: http://ipm.ucanr.edu/WATER/U/stormdrain.html NPIC: Label Graphic: http://npic.orst.edu/outreach/labelinfographic.jpg Pyrethroid Pesticides
Our Water Our World: https://ourwaterourworld.org/pesticides-and-water-quality/ Point-of-Purchase
Our Water Our World https://ourwaterourworld.org/our-water-our-word/ Our Water Our World https://ourwaterourworld.org/find-a-store/ #5..
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Pesticides and Gardening
Our Water Our World https://ourwaterourworld.org/healthy-garden/# Our Water Our World https://ourwaterourworld.org/pesticide-ingredients/ UC IPM: Less Toxic Insecticides http://ipm.ucanr.edu/QT/lesstoxicinsecticidescard.html UC IPM: How to Manage Pests http://ipm.ucanr.edu/PMG/PESTNOTES/pn74126.html 10 Most Wanted Bugs in Your Garden pdf (upload pdf to website and link to document) Take Action
Ants
English: https://ourwaterourworld.org/ants/
En Español: https://ourwaterourworld.org/hormigas/
Aphids
English: https://ourwaterourworld.org/aphids/
En Español: http://ipm.ucanr.edu/QT/aphidscardsp.html Bed Bugs
English: https://ourwaterourworld.org/bedbugs_2-14-21/ En Español: https://ourwaterourworld.org/chinches/
Cockroaches
English: https://ourwaterourworld.org/cockroaches_2-14-21/ En Español: http://ipm.ucanr.edu/QT/cockroachescardsp.html Fleas
English: https://ourwaterourworld.org/fleas_2-14-21/
En Español: http://ipm.ucanr.edu/QT/fleascardsp.html
Moles, Voles, Gophers
English: https://ourwaterourworld.org/moles-voles-and-gophers/ En Español: http://ipm.ucanr.edu/QT/gopherscardsp.html Mosquitoes
English: https://ourwaterourworld.org/mosquitoes/
En Español: http://ipm.ucanr.edu/QT/mosquitocardsp.html Rats and Mice
English: https://ourwaterourworld.org/rats-and-mice/
En Español: https://ourwaterourworld.org/ratas-y-ratones/ Snails and Slugs
English: https://ourwaterourworld.org/snails-and-slugs/ En Español: http://ipm.ucanr.edu/QT/snailslugscardsp.html Spiders
English: https://ourwaterourworld.org/spiders/
En Español: http://ipm.ucanr.edu/QT/spiderscardsp.html Yellow Jackets
English: https://ourwaterourworld.org/yellowjackets_2-14-21/ En Español: http://ipm.ucanr.edu/QT/yellowjacketscardsp.html #5..
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General Scope of Work Pyrethroid Management Plan Website Content Information for Residents and Information for Businesses Hiring Pest Control and Landscape Professionals
Department for Consumer Affairs: https://search.dca.ca.gov/ OWOW – hiring a Pest Control Company: https://ourwaterourworld.org/hiring-a-pest-controlcompany/ UC IPM – hiring a Pest Control Company:
http://ipm.ucanr.edu/PMG/PESTNOTES/pn74125.html
UC IPM – Structural: https://www2.ipm.ucanr.edu/resources-for-structural-pestmanagement-professionals/ UC IPM – Landscape: https://www2.ipm.ucanr.edu/resources-for-landscapeprofessionals/?src=shrtn Ecowise: https://www.ecowisecertified.com/ecowise_about_standards.html Green Shield: https://greenshieldcertified.org/for-pest-control-companies/ Green Pro: https://www.npmaqualitypro.org/available-credentials/greenpro/ Landscape Design and Irrigation Management to Prevent Pesticide Runoff CDWR Water-Efficient Landscaping: https://water.ca.gov/Water-Basics/ConservationTips/Plant-and-Landscape-Guide Save Our Water: https://saveourwater.com/en/
UC IPM: http://ipm.ucanr.edu/
UC IPM: Seasonal Landscape IPM Checklist: https://www2.ipm.ucanr.edu/landscapechecklist/ Lodi Watershed Friendly Landscaping: https://www.lodi.watersavingplants.com/ River-Friendly Landscape Guidelines:
https://www.waterboards.ca.gov/academy/courses/eco_landscape.pdf #5..
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City of Modesto 1 August 2023
Pyrethroid Management Plan
IPM Policy
City of Modesto Integrated Pest Management Policy
I. PREAMBLE
The City of Modesto is committed to implementing an Integrated Pest Management (IPM) approach to guide the management of its facilities, landscaped areas, and rights-of-way. The IPM approach promotes the protection of the residents and visitors, as well as the local waterways, and utilizes a pest management strategy that promotes the long-term suppression of pest problems with minimum impact on non-target organisms and the environment as well as a reduction in use of pesticides. Least toxic pesticides are used only after an assessment indicates such a need, consistent with the provisions of this IPM Policy.
The adoption of this IPM Policy facilitates compliance with the Phase II Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) Permit and the Basin Plan Amendment (BPA) for the Control of Pyrethroid Pesticide Discharges (Resolution R5-2017-0057).
II. APPROACH
For the purposes of its IPM policy, the City of Modesto adopts the following University of California Statewide Integrated Pest Management1 (UC-IPM) definition:
IPM is an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.
III. PURPOSE
It is the purpose and intent of this IPM Policy to:
a) Reduce reliance on and minimize the use of pesticides2 as a part of City operations and on City property and rights-of-way that may adversely impact water quality; and b) Outline how City departments are to perform pest management so that it is consistent with this IPM Policy.
IV. SCOPE
The IPM Policy governs City of Modesto employees and contractors hired by City departments and persons acting under the authority of the City in the care and maintenance of City facilities, landscaped areas, and rights-of-way.
1 https://www2.ipm.ucanr.edu/what-is-IPM/
2 As defined in Section 12753 of Chapter 2 of Division 7 of the California Food and Agricultural Code. See also “Definitions for Use with This Policy.”
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V. POLICY
It is the policy of the City of Modesto that:
1. Departments performing pest management will conform with the City of Modesto’s IPM Policy.
2. The City’s IPM approach will include the following:
a) Educate and train City of Modesto staff in the IPM program, practices, and policy. b) Require City of Modesto staff and contractors, when applicable, to implement the IPM Policy on all City facilities, landscaped areas, and rights-of-way and to maintain records on and report the types and amounts of pesticides used, as well as IPM methods considered and used to prevent and control pests.
c) Reduce, to the maximum extent practicable, the use and application of pesticides on all City property, facilities, landscaped areas, and rights-of-way. d) Review and consider a no-action approach and/or available non-chemical options before using a chemical pesticide to address pest control issues. e) Review and consider available non-chemical options before using a chemical pesticide. f) Identify pests and least toxic methods to control pests. g) Identify, evaluate, and minimize or eliminate conditions that encourage pest problems. h) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by designated personnel or contractors knowledgeable in IPM methods and decision-making based on best available science and data.
i) Maintain records on IPM methods considered and used to prevent and control pests. j) Comply with all applicable local, State of California (State), and federal regulations for pesticide use and reporting.
k) Refer residents and pest control operators to the City of Modesto’s stormwater program and the Stanislaus Department of Agricultural Weights and Measures for information on less toxic methods of pest control.
l) Provide public access to the City’s IPM Policy.
3. IPM Policy General Requirements
a) Eliminate the use of Toxicity Category I pesticides. b) Minimize the use of Toxicity Category II, III, and IV pesticides. c) Eliminate the use of pesticides that are classified by government agencies as known carcinogens, reproductive toxicants (teratogens, mutagens), endocrine disruptors, carbamates, organophosphates, or groundwater contaminants. d) Develop pest-specific plans to prevent or reduce the incidence of pest problems. e) Use pesticides only when necessary and select a pesticide that is both effective and least toxic.
f) Designate playgrounds on City of Modesto property as pesticide-free. g) Require City of Modesto staff and contractors to reduce the amount of pesticides and herbicides used during municipal operations and activities by implementing the City’s Standard Operating Procedures for Application of Pesticides and Herbicides. #5..
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VI. IMPLEMENTATION
This IPM Policy shall be implemented by City departments and through an IPM Coordinator. Several areas important to the implementation of the IPM Policy are outlined below, including a description of the IPM Coordinator role.
a. IPM Coordinator
The Environmental Regulatory Compliance Superintendent is designated as the City’s IPM Coordinator and is responsible for coordinating with the departments involved in pest management to ensure that the IPM Policy is implemented. The IPM Coordinator is assisted by the City of Modesto’s Utilities Director or designee.
The primary responsibilities include the following:
1. Education and Training:
a) Communicate the goals and requirements of the IPM Policy to City departments. b) Request and maintain information regarding the City’s IPM trainings offered or attended. c) Provide information to City staff performing pest management as needed to ensure that the requisite IPM practices are implemented.
2. IPM Applications and Guidelines:
a) Ensure City staff and applicable contractors are authorized as Pesticide Applicators and are complying with the City’s IPM Policy.
3. Product Selection and Product Use Approval:
a) Work with City staff performing pest management to develop a form for exemption requests.
b) Ensure that no products on the prohibited use product list are applied unless City of Modesto approves an exemption request.
4. Pesticide Application Contracts:
a) Ensure that contracted pesticide applicators or other applicable contractors are appropriately trained and certified, implement IPM, and follow the City’s pesticide and herbicide standard operating procedures.
5. Record Keeping:
a) Work with City staff performing pest management to develop forms summarizing pesticide use.
b) Provide direction regarding the pesticide application recordkeeping and reporting of the methods and pesticides used/applied on the City of Modesto’s facilities, landscaped areas, and rights-of-way.
c) Review the pesticide application records (Pesticide Use Reports (PURs)) and follow-up reports to ensure that the activities are consistent with the IPM Policy. d) Provide information to the City’s Utilities Director or designee for the stormwater Annual Report or other required reporting, as needed.
Education and Training
Education and training of appointed personnel is critical to the success of the IPM Program. Key staff and contractors involved in pest management or application will be educated in IPM policies and procedures. Education may include classroom training, on-site training, or informal meetings and will typically be held once a year. IPM topics discussed may include, but not be limited to, pest control action thresholds; pest management decisions; pest monitoring and identification; prevention; control; and effectiveness evaluations.
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IPM Applications and Guidelines
Only persons specifically authorized by the IPM Coordinator as Pesticide Applicators will be permitted to bring or use pesticides on City property, facilities, landscaped areas, and rights-of-way. Pesticide applicators must follow all local, state, and federal regulations and label precautions. Pesticide applicators will have training in IPM and must comply with the City’s IPM Policy.
Product Selection and Product Use Approval
Except for pesticides granted an emergency exemption, the City of Modesto will not use any products on the prohibited use product list below. If it is determined that an EPA registered pesticide must be used, then the least-toxic material will be chosen.
1. Prohibited Use Products: Pesticides used by the City shall not contain the following ingredients:
a) Organophosphates, or organochlorines, or carbamates listed by the United States Environmental Protection Agency (Office of Pesticides Programs, Document 735-F-99-14, May 1999), or California Department of Pesticide Regulation Chemical Inquiries Database.
2. Banned Use Areas: Except in the case of an emergency, no pesticides will be applied on City of Modesto playground properties.
Pesticide Application Contracts
Where pesticide management and/or applications are provided by contractors, the City will contract with IPM-trained and/or IPM-certified pest control applicators. A clause will be included within the contract to ensure that pesticide applicators implement IPM and follow the City’s pesticide and herbicide standard operating procedures.
As detailed in the City’s pesticide and herbicide standard operating procedures, contractors are responsible for the filing of all required records and reports, including, but not limited to, Notice of Intent to Apply and PURs, as specified by all county, State, and federal agencies.
Record Keeping
The City shall maintain records of the IPM methods used and pesticide applications for a period consistent with the City’s record retention policy. This information may also be reported within City stormwater Annual Reports or other required reporting. The information reported shall include the following:
1. All the information listed below will be documented on an official Pest Control recommendation form to be supplied by a Pest Control Adviser (PCA) annually prior to any pest control operation.
The form will include:
a) Name of the entity responsible.
b) Specific site of the application.
c) The target pest.
d) The date the pesticide was used and re-entry period if applicable. e) Date of expiration of the PCA recommendation.
f) Schedule, timing, and conditions.
g) The name and active ingredient of the pesticide to be applied and EPA registration number. h) The pesticide signal word.
2. The IPM Coordinator or PCA will prepare a follow-up record to include:
a) Prevention and other non-chemical methods of control used. b) Chemical methods used.
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d) If application was undertaken in a pest control emergency, provide explanation of circumstances of the emergency.
VII. RECOMMENDED PEST CONTROL PRODUCTS
The City recommends that the pesticides purchased for use on City facilities, landscaping, or rights-ofway follow the guidelines of the IPM Policy such that they are the most effective and present the lowest risk to the environment. Pesticide application should only be used when needed and in combination with other IPM approaches to ensure effective, long-term control.
Our Water, Our World (OWOW), a program that partners with cities and counties to promote less-toxic, eco-friendly pest solutions and products, has developed lists of less-toxic pesticides that are organized by:
Brand,
Pest, and
Active ingredients.
The products lists are intended to capture less-toxic products that are compatible with IPM policies and can be found on the “Active Ingredients” page of the OWOW website:
https://ourwaterourworld.org/pesticide-ingredients/.
Those purchasing pesticides on behalf of the City should consult these lists prior to selecting a pesticide for purchase. Contracted pesticide applicators should also be encouraged to utilize the lists when purchasing materials for application on City property.
VIII. DEFINITIONS FOR USE WITH THIS POLICY
1. “Basin Plan Amendment” or “BPA” means the regulatory requirements for the Control of Pyrethroid Pesticide Discharges that was adopted by the Central Valley Water Board on June 8, 2017, with the adoption of Resolution R5-2017-0057. The BPA established measurable pyrethroid concentration goals and an implementation program for the control of pyrethroid pesticides that are or could potentially impact aquatic life in the Sacramento and San Joaquin River watersheds.
2. “Contractor” means a person, firm, or corporation or other entity, including a governmental entity that enters into a contract with the City of Modesto.
3. “Integrated Pest Management” or “IPM” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines, and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.3
4. “IPM Coordinator” means the designated agent or employee experienced in IPM field and office work and is responsible for IPM program coordination for the City of Modesto.
5. “IPM Policy”" means this Integrated Pest Management Policy.
6. “Pest” means any pest as defined in Section 12754.5 of Chapter 2 of Division 7 of the California Food and Agricultural Code. Pest includes any of the following that is or is liable to become, 3 https://www2.ipm.ucanr.edu/what-is-IPM/
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dangerous or detrimental to the public health or the agricultural or nonagricultural environment of the State:
a) Any insect, predatory animal, rodent, nematode or weed; b) Any form of terrestrial, aquatic, or aerial plant or animal, virus, fungus, bacteria or other microorganism (except viruses, fungi, bacteria or other microorganisms on or in living man or other living animals);
c) Anything that the Secretary of the California Department of Food and Agriculture or the Director of Pesticide Regulation for the California Department of Food and Agriculture by regulation declares to be a pest.
7. “Pest Control Adviser” or “PCA” means any person possessing a current pest control adviser license issued by the California Department of Pesticide Regulation. The PCA license is required for making pest control recommendations in the landscape setting.
8. “Pest Control Operator” or “PCO” means any person possessing a current pest control operator license issued by the California Department of Pesticide Regulation. The PCO license is required when performing structural pest control.
9. “Pest-Specific Plan” means a written plan addressing the management and control of a particular pest. Components of Pest-Specific Plans should include pest biology, impacts, pest thresholds, recommended treatments, monitoring frequency, cultural practices, and site modifications to prevent or reduce the incidence of pest problems.
10. “Pesticide” means pesticide as defined in Section 12753 of Chapter 2 of Division 7 of the California Food and Agricultural Code.4 Pesticide includes any of the following:
a) Any spray adjuvant.
b) Any substance or combination of substances which is intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling or mitigating any pest which may infest or be detrimental to vegetation, man, animals or households or be present in any agricultural or nonagricultural environment whatsoever.
11. “Pesticide Applicator”' means any person or company hired by a City Department who applies pesticides, as defined in this section, to property owned, leased or managed by the City of Modesto.
12. “Phase II Permit” means the State Water Resources Control Board’s Phase II Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS000004, Order No. 2013-0001, adopted February 5, 2013, and subsequent reissuances of this Order.
13. “Signal Word” means the toxicity category word on the pesticide label: Danger, Warning, Caution or None Required. See Toxicity Category I; II, III, IV product.
14. “Pesticide Use Report Form” or “PUR” means a document that records pesticide use or other treatment practices within and associated with City owned, managed, or leased structures.
15. “Toxicity Category I; II, III, IV product” means any pesticide, as defined in 40 Code of Federal Regulations Section 156.10, meeting the appropriate toxicity categories and bearing on the front label panel the signal word Danger, Warning, Caution or None Required. 4 https://law.justia.com/codes/california/2020/code-fac/division-7/chapter-2/article-1/section-12753/ #5..
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Standard Operating Procedures
for Application of Pesticides and Herbicides
City of Modesto Standard Operating Procedures for Application of Pesticides and Herbicides
1.0 INTRODUCTION
The purpose of these Standard Operating Procedures (SOPs) is to define protocols for the City of Modesto for the safe routine and non-routine storage, application, and disposal of pesticides to reduce runoff of these chemicals to the storm drain system. In this document, the term “pesticide” includes products used as herbicides. These SOPs are organized as follows:
1.0 Introduction
2.0 Scope
3.0 Procedures
3.1. Storage
3.2. Pesticide Use and Application
3.2.1. Integrated Pest Management (IPM)
3.2.2. Use and Application of Pesticides
3.3. Disposal
3.4. Employee Training
3.5. Effectiveness Evaluation Prior to Re-application
3.6. Record Keeping and Reporting
4.0 References
2.0 SCOPE
The improper storage, use, and disposal of pesticides can contribute to the discharge of these chemicals to the storm drainage system and surface waters. The intent of these SOPs is to provide guidance to City of Modesto staff and contractors to prevent the discharge of pollutants.
These procedures are applicable to any City staff, commonly parks, public works, purchasing, building/grounds maintenance, hazardous materials, and pesticide application staff, and contracted services that apply pesticides.
These procedures are not intended to replace federal or State of California (State) requirements or provide complete directions for storing, applying, or disposing of pesticides. Refer to federal and State requirements for additional information. Consult the manufacturer’s label on each pesticide for use information and chemical-specific safety data sheets (SDSs) for additional safety information.
3.0 PROCEDURES
Procedures for the storage, use, and disposal of pesticides by City staff and contracted services are outlined below.
3.1 Storage
Pesticides shall be stored in such a way as to prevent releases into the surrounding environment and waterbodies and protect the safety of personnel working within the storage area or facility. Pesticide containers and application equipment shall be stored in a locked enclosure, or a designated person must maintain control over the pesticide containers and application equipment.
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All doors/entrances to the facility shall be posted with appropriate warning signs, as specified by the California Department of Pesticide Regulation (DPR). All signs shall be legible at a minimum distance of 25 feet from any direction and posted in English and any appropriate additional languages(s).
Pesticides shall be stored in dry locations in accordance with the manufacturer’s specifications. No floor drains that are connected to the storm drain system are permitted within storage facilities.
All pesticides in a storage facility shall either be in the original container or the service container.
All containers must have a copy of the product label attached or be labeled with the name and address of the person or firm responsible for the container, the identity of the pesticide in the container, and the signal word “DANGER,” “WARNING,” OR “CAUTION” from the label of the original container.
Maintain a current written inventory of all pesticides at the storage site. It is illegal to place or store pesticides in any type of container that is commonly used for food, drink, or any household products.1
3.2 Pesticide Use and Application
3.2.1 Integrated Pest Management (IPM)
Staff and contracted pesticide applicators shall adhere to the City of Modesto’s IPM Policy, including the following:
a) Require City staff and pesticide application contractors to implement the IPM Policy on all City facilities, landscaped areas, and rights-of-way and to maintain records on and report the types and amounts of pesticides used, as well as IPM methods considered and used to prevent and control pests.
b) Reduce to the maximum extent practicable the use of pesticides. c) Consider taking a “no-action” approach in addressing certain pest control issues. d) Review and consider available non-chemical options before using a chemical pesticide. e) Identify pests and least toxic methods to control pests. f) Identify, evaluate, and minimize or eliminate conditions that encourage pest problems. g) Conduct careful and efficient inspection, monitoring, and assessment of pest problems by designated personnel or contractor knowledgeable of IPM methods. h) Maintain records on IPM methods considered and used to prevent and control pests. i) Comply with all applicable local, State of California (State), and federal regulations, including pesticide use and reporting.
j) Conduct decision-making based on the best available science and data.
3.2.2 Use and Application of Pesticides
The following procedures must be used when applying pesticides. All pesticide applications are to be made under the supervision of a licensed pesticide applicator holding a Qualified Applicator Licenses (QAL) with the appropriate category for public and municipal landscape. Said person or company is to be currently registered to conduct a pest control business in the State and the City of Modesto’s domain. 1 California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 4. Storage, Transportation and Disposal, available at https://www.cdpr.ca.gov/docs/legbills/calcode/030204.htm. #5..
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Applicators must follow all DPR requirements for posting notifications, personal protective equipment, label information, service container marking, required on-site information, etc., when transporting, mixing/loading, applying, or cleaning equipment. Applicators must maintain a copy of the SDS for each product, as required by Labor Code Sections 6832 and 6390, General Industrial Safety Order Section 5194, and Title 8, California Administrative Code on-site during any pesticide application. Pesticide applications are to be made in strict compliance with the product label directions, restrictions, and precautions, as well as with any other requirements deemed necessary by any county, State, or federal regulatory agency, or the City’s Utilities Director. Purchase only the amount of pesticide that you can reasonably use in a given time period (month or year, depending on the product).
Use pesticides only if pest threshold levels are exceeded, not on a regular preventative schedule.
Do not use pesticides if rain is forecasted. Apply pesticides, especially sprays, only when wind speeds are low.
Do not mix or prepare pesticides for application near storm drains. Prepare the minimum amount of pesticide needed for the job and use the lowest application rate that will effectively control the pest.
Calibrate pesticide application equipment to avoid excessive application. Employ techniques to minimize off-target application (e.g., spray drift) of pesticides, including consideration of alternative application techniques.
After applying a pesticide, store it or dispose of any unused chemical properly. See sections 3.1 Storage and 3.3 Disposal.
Record and report pesticide(s) within 24 hours of application. See section 3.6 Record Keeping and Reporting.
3.3 Disposal
Adhere to the following guidelines and ensure proper disposal of all pesticides and pesticide containers:
Dispose of unused or obsolete pesticides according to label directions or contact the county agricultural commissioner or county’s waste disposal agency for more information about proper disposal.2
When containers are not returned to the registrant, those that contained less than 28 gallons of a liquid pesticide that is diluted for use shall be rinsed and drained by the user following DPR regulations.3
3.4 Employee Training
Federal regulations require states to certify those who apply or supervise the use of Restricted Use Pesticides and ensure that these individuals are educated on the safe use of pesticides. To meet these federal requirements, DPR approves continuing education hours in pest management or pesticiderelated topics to ensure continued competency.
Each person who applies pesticides should be trained for the following:
2 California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 4. Storage, Transportation and Disposal, available at https://www.cdpr.ca.gov/docs/legbills/calcode/030204.htm. 3 Ibid.
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City of Modesto 4 August 2023
Pyrethroid Management Plan
Standard Operating Procedures
for Application of Pesticides and Herbicides
Use of Integrated Pest Management methodologies
Application of pesticides
Applicable laws and regulations
Potential impacts on water quality
The types of chemicals and the immediate and long-term hazards resulting from exposure The Safety Data Sheet information
Safety procedures
Emergency spill information
Use of protective equipment
Cleanup procedures
Disposal procedures
3.5 Effectiveness Evaluation Prior to Re-application
Following pesticide application or the use of other corrective action, pest levels should be monitored to evaluate the effectiveness of the pest control action. Additional applications of pesticide should occur only if monitoring indicates that pests have exceeded threshold levels. Threshold levels are the number of pests or level of pest damage that triggers a control action.
3.6 Record Keeping and Reporting
To comply with federal and State regulations, pesticide applicators should comply with the following record keeping and reporting guidelines:
City staff and contracted pesticide applicators shall be responsible for the filing of all required records and reports, including, but not limited to, Notice of Intent to Apply and Pesticide Use Reports (PUR), as specified by all county, State, and federal agencies. City staff and contracted pesticide applicators shall record, maintain, and file accurate records of all pesticide applications, as specified by all county, State, and federal agencies. o Records must be retained for two years and shall include date of application; name of the operator of the property treated; location of the property treated; crop, commodity, or site treated; total acreage or units treated at the site; and name of the pesticides, including EPA or State registration number on the pesticide label, and the amount used.4
City staff and contracted pesticide applicators are required to log chemical applications monthly by completing a PUR. Staff submittals are due on the first (1st) business day of each month.
Contractors’ submittals are due on the tenth (10th) of each month. Monthly PURs should be kept in a logbook in the office of the IPM Coordinator or Contract Manager.
o Keep hard copies of current pesticide labels, consumer information sheets, SDSs, and pesticide use records in a binder.
4 California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations, Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 1. Pest Control Operations Generally, available at https://www.cdpr.ca.gov/docs/legbills/calcode/030201.htm. #5..
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4.0 REFERENCES
Brightview Landscape Agreement, Section 3- Landscape and Turf Maintenance Scope of Work, Agreement A-1920-1, Exhibit B
California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations. Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 1. Pest Control Operations Generally https://www.cdpr.ca.gov/docs/legbills/calcode/030201.htm.
California Code of Regulations (Title 3. Food and Agriculture) Division 6. Pesticides and Pest Control Operations. Chapter 3. Pest Control Operations, Subchapter 2. Work Requirements, Article 4. Storage, Transportation and Disposal https://www.cdpr.ca.gov/docs/legbills/calcode/030204.htm.
City of San José, 2017. Best Management Practices and Standard Operating Procedures, City of San José Integrated Pest Management
https://www.sanjoseca.gov/home/showpublisheddocument/37853/636822160397700000 City of Turlock, 2021. City of Turlock Right-of-Way Maintenance BMPs, B. Herbicide & Pesticide Application (CASQA Fact Sheet SC-73)
Fuss and O’Neill, 2019. SOP 12: Storage and Use of Pesticides and Fertilizer, Central Massachusetts Regional Stormwater Coalition
https://www.centralmastormwater.org/sites/g/files/vyhlif386/f/uploads/sop12pesticidesfertilizer.pdf Ventura County Stormwater Quality Management Program, 2014. Application Protocol – Pesticides, Fertilizers, and Herbicides, Ventura County Application Protocol https://www.vcstormwater.org/images/Documents/VC_PesticideProtocol_02-27-14.pdf #5..
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Contract Clause
City of Modesto Contract Clause for Applicators of Pesticides and Herbicides – Implementation of Integrated Pest Management Methodologies and Standard Operating Procedures
IMPLEMENTATION OF INTEGRATED PEST MANAGEMENT AND STANDARD
OPERATING PROCEDURES
The Contractor shall strictly adhere to the guidelines established in the City of Modesto’s Integrated Pest Management Policy (IPM Policy) and Standard Operating Procedures for Application of Pesticides and Herbicides (Pesticide and Herbicide SOP) [cite attachments], which specify an approach that utilizes integrated pest management (IPM) methodologies prior to the use and application of pesticides. When pesticides must be used, the Contractor shall follow the procedures described within the Pesticide and Herbicide SOP. Deviation from the Pesticide and Herbicide SOP will only be permitted through prior written consent from the City of Modesto’s Utilities Director or designee. Failure to comply with the City of Modesto’s IPM Policy and Pesticide and Herbicide SOP is a material breach of this Agreement and may result in termination of this Agreement pursuant to Section [specify section of Agreement].
REFERENCES
City of Saratoga. Public Works Department Standard Independent Contractor Agreement. https://saratoga.granicus.com/MetaViewer.php?view_id=9&clip_id=748&meta_id=33182 County of Marin. Ordinance No. 3598—Ordinance of the Marin County Board of Supervisors Amending Chapter 23.19 of the Marin County Code in its Entirety Pertaining to the Marin County Integrated Pest Management Program.
https://marin.granicus.com/MetaViewer.php?view_id=36&clip_id=7776&meta_id=812948 Brightview Landscape Agreement, Section 3- Landscape and Turf Maintenance Scope of Work, Agreement A-1920-1, Exhibit B.
County of Marin, 2022. Requirements for Contractors.
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Central Valley Regional Water Quality Control Board
1 March 2024
Jeff Daniels
1221 Sutter Avenue
Modesto, CA 95351
ACKNOWLEDGMENT OF EXCEEDANCE AND INTENT TO SUBMIT A
PYRETHROID MANAGEMENT PLAN FOR THE CITY OF MODESTO
On 28 September 2023, the City of Modesto (City) submitted the Pyrethroid Baseline Monitoring Plan to comply with the requirements established by the Amendment to the Water Quality Control Plan for the Sacramento River and San Joaquin River Basins for the Control of Pyrethroid Pesticide Discharges (Resolution R5-2017-0057) (Pyrethroid Control Program) and the 13 July 2020 Order to submit technical and monitoring reports pursuant to California Water Code Sections 13267 and 13383 issued to the City (Order).
The Pyrethroid Control Program and Order require that the Baseline Monitoring Plan describe representative monitoring designed to collect information necessary to determine if pyrethroid discharges from the City exceed pyrethroid numeric triggers or cause or contribute to toxicity in surface waters or bed sediments. Pursuant to the Pyrethroid Control Program and Order, if the baseline Pyrethroid Chemistry and Organic Carbon Monitoring results reveal an exceedance of any prohibition trigger, the City shall develop and submit a Pyrethroid Management Plan (Plan) per the requirements described in the Pyrethroid Control Program to the Central Valley Water Board within one year from the date that an exceedance is identified by either the Discharger or Central Valley Water Board staff.
On 28 February 2024, the City notified Central Valley Water Board of a prohibition trigger exceedance identified on 22 January 2024, and its intent to develop and submit a Plan by 22 January 2025. Given the information provided, the City no longer needs to conduct baseline monitoring or submit a Baseline Monitoring Report. However, per provision 2.A of the Order, the City must develop and submit a Plan within one year of the date the exceedance was identified.
The City’s Plan must be submitted to the Central Valley Water Board on or before 22 January 2025 to comply with the Pyrethroid Control Program and Order. If the Plan is not submitted by 22 January 2025, the Board may pursue enforcement, including potential monetary liability.
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Jeff Daniels - 2 - 1 March 2024
If you have any questions, please contact Jessica Rader at (916) 464 – 3199 or [email protected].
Sincerely,
Patrick Pulupa
Executive Officer
cc: Bryan Smith, Central Valley Water Board, Redding
Elizabeth Lee, Central Valley Water Board, Rancho Cordova Jessica Rader, Central Valley Water Board, Rancho Cordova Sajleen Phagura, Central Valley Water Board, Rancho Cordova Mason Gatti, Central Valley Water Board, Rancho Cordova Duane Becker, City of Modesto
Melissa Holden, City of Modesto
Jessica Martinez, City of Modesto
Karen Ashby, Larry Walker Associates
Kelsey McNeill, Larry Walker Associates
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 9, 2024
Date: August 20, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice-Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: William Wong, Director of Utilities
SUBJECT: First Amendment to Labworks LIMS Software Agreement CONTACT: Jeff Daniels, Wastewater Division Manager, [email protected], 209-577-6255
DESCRIPTION:
Consider the First Amendment with Labworks, LLC, Lehi, Utah, for the Annual Maintenance and Support of Labworks LIMS Software, increasing the Agreement amount by $10,504 and forwarding to Council for approval. (Funding Source: Sewer Operations Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives, Goal D:
Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.
BACKGROUND:
The City of Modesto’s Wastewater Division is responsible for maintaining compliance with various State and Federal regulations as directed in the City’s National Pollutant Discharge Elimination System (NPDES) permits, a Waste Discharge Requirements permit, and 40 CFR (Code of Federal Regulations).
In order to remain in compliance with the various permits and regulations, required samples must be analyzed by a State certified laboratory. Environmental Laboratory Accreditation Program (ELAP) is the California laboratory accrediting body.
The City of Modesto’s Water Quality Control (WQC) laboratory is ELAP certified. ELAP standards require certified laboratories to maintain a data management system. In order to maintain compliance with ELAP standards, the WQC laboratory utilizes Labworks Laboratory Information Management System (LIMS) software to meet ELAP’s data management system requirements.
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Economic Development Committee, September 9, 2024
First Amendment to Labworks LIMS Software Agreement
Labworks, LLC is the developer and sole distributor of Labworks LIMS software as well as the sole source for the maintenance and support services.
On May 2, 2023, by Resolution 2023-208, Council approved the award of proposal and contract for LIMS Software for the Wastewater and Water Divisions to Labworks, LLC, for an estimated annual amount of $18,048 and a total amount not to exceed $96,864 over five (5) years.
DISCUSSION:
The City of Modesto’s WQC Laboratory utilizes Labworks LIMS software for the management and monitoring of all water quality samples and results through the management of sample schedules, report preparation, evaluation of water quality trends, and referencing historical data.
Recently, Labworks underwent a compliance-based upgrade to incorporate the new ELAP and The NELAC Institute (TNI) regulatory requirements in the software for tracking and reporting purposes. The upgrade also included a cloud-based, eLIMS component to the software resulting in slight increases to the annual cost for years three (3), four (4), and five (5) of the current agreement, as detailed below.
Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.” It was determined that the upgrade to the Labworks LIMS software is necessary to allow for continued compatibility and software functionality as the City moves to OneDrive, requiring cloud-based software applications. The upgrade resulted in a corresponding increase in cost to the annual license and maintenance of the software.
FISCAL IMPACT:
All costs associated with the annual maintenance and support of Labworks LIMS software are based on the Labworks LLC quote with an additional 5% incorporated into Year 3, Year 4, and Year 5 to account for potential fluctuations within the Consumer Price Index (CPI). These costs will be budgeted in the Sewer Operations Fund Fiscal Year operating budgets.
Charge Account:
4210-44112-53300
(Sewer Operations Fund – Laboratory Services – Professional Services) Agreement Term Original Cost New Cost CPI (5%) New + CPI Year 1 – August 1, 2023 – July 31, 2024 $18,048 $18,048 $0 $18,048 Year 2 – August 1, 2024 – July 31, 2025 $18,684 $18,684 $0 $18,778 Year 3 – August 1, 2025 – July 31, 2026 $19,338 $21,339 $1,067 $22,406 Year 4 – August 1, 2026 – July 31, 2027 $20,016 $22,406 $1,121 $23,527 Year 5 – August 1, 2027 – July 31, 2028 $20,778 $23,527 $1,176 $24,703 Total Five (5) Year Expense $96,864 $104,004 $3,364 $107,368 #6..
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Economic Development Committee, September 9, 2024
First Amendment to Labworks LIMS Software Agreement
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the First Amendment increasing the Agreement amount with Labworks, LLC, for the Annual Maintenance and Support of Labworks LIMS Software by $10,504 from $96,864 to a new total amount of $107,368; and forwarding to Council for approval.
Approved by:
William Wong, Director of Utilities
Joseph P. Lopez, City Manager
Attachments:
1. First Amendment
2. Attachment A – Quote
3. Original Agreement
4. Bid Waiver
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FIRST AMENDMENT TO THE SOFTWARE MAINTENANCE SERVICES AGREEMENT WITH
LABWORKS LLC
This First Amendment to the Software Maintenance Services Agreement (“First Amendment”) is entered into between the CITY OF MODESTO, a municipal corporation of the State of California hereinafter referred to as “CITY” and Labworks LLC, hereinafter referred to as “CONTRACTOR” entered into by the parties on the ________ day of _________________, 2024.
RECITALS
This First Amendment is made with regard to the following recitals:
WHEREAS, CITY and CONTRACTOR previously entered into the Software Maintenance Services Agreement with Labworks LLC dated June 2, 2023 (the “Original Agreement”), and WHEREAS, CITY and CONTRACTOR desire to amend the Original Agreement by increasing the previously approved estimated annual amount from $18,048 to a new estimated annual amount of $22,406, and
WHEREAS, CITY and CONTRACTOR desire to amend the provisions of the Original Agreement to include revised rates effective August 1, 2025.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and stipulations contained in the Original Agreement and this First Amendment, the parties agree as follows:
1. The attachment to the Original Agreement titled “Quote for CITY OF MODESTO” is hereby replaced with Attachment A, attached hereto and incorporated herein.
2. CONTRACTOR shall furnish the service in Attachment A, for an estimated annual amount of $22,406, and a total amount not to exceed $107,368.
3. Except as provided for in this First Amendment, all other terms and conditions of the Original Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this First Amendment to the Original Agreement by its City Manager and attestation by its City Clerk under authority of Resolution No. ___________, adopted by the Council of the City of Modesto on the #6..
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________ day of _____________, 2024, and Labworks LLC has caused this First Amendment to be duly executed as of the Effective Date.
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Quote for CITY OF MODESTO
Labworks LLC
Office: 230 N 1200 E #202, Lehi, Utah 84043
Remittance: 230 N 1200 E #202, Lehi, Utah 84043
CITY OF MODESTO
1010 10TH ST
MODESTO,CA 95354
LABWORKS Support ID: L783
Prepared By: CLAUDIA LUKAC
Email: [email protected]
Finance Email: [email protected]
Quote Date: April 18, 2024
Quote #: 00002817
Quote Expires: July 31, 2024
Software Maintenance and Support
Part# Description Quantity Units of
Measure Unit Price Subtotal Total Price
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $18,048.00 $18,048.00 $18,048.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $18,684.00 $18,684.00 $18,684.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $21,339.00 $21,339.00 $21,339.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $22,017.00 $22,017.00 $22,017.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $22,779.00 $22,779.00 $22,779.00
Comments Quote Summary - Price Shown in USD($) Gross Price Net Price LABWORKS System: SQL Database
Support Term:
August 1, 2023 - July 31, 2024 $18,048
August 1, 2024 - July 31, 2025 $18,684
August 1, 2025 - July 31, 2026 $21,339
August 1, 2026 - July 31,2027 $22,017
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Labworks LLC - 230 N 1200 E #202, Lehi, Utah 84043 | 844-452-2967 | www.labworks.com | Proprietary and Confidential Page of 2 2
August 1, 2027 - July 31, 2028 $22,779
(5 Year LABWORKS Renewal to be paid annually)
Added components:
LABWORKS eLIMS (2024)
Note: If additional LABWORKS licenses, products are purchased for the LABWORKS System during a support year, the support for those additions would be added to the following years LABWORKS Renewal.
Support/Maintenance
Total
$102,867.00
$102,867.00
$102,867.00
$102,867.00
Customer elects electronic delivery ONLY of software products to the designated contact listed above. If included in this quote, Maintenance Fees are payable in advance, with payment due Net 30 days from date of invoice/delivery.
Please submit your purchase order to [email protected] and to the account representative at the top of the quote.
LABWORKS Maintenance and Support Policy: Clients must maintain LABWORKS maintenance/support in order to receive technical support, email support, phone support, software updates, documentation and access to the LABWORKS user site. If a client elects to discontinue support, they must notify Labworks LLC in writing 60 days prior to the expiration of their last paid maintenance period. Renewal of discontinued support is subject to back support fees. By creating a purchase order based on this quote, you are accepting this Maintenance and Support Policy.
Approved by:
Claudia Ann Lukac Nye/Director of Client Services
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1 Labworks, LLC
45 E 200 N
Alpine, UT 84004
Phone: 844 452-2967
www.labworks.com
LABWORKS SOFTWARE MAINTENANCE & SERVICES TERMS AND CONDITIONS v4.3 These following Software Maintenance Services Terms and Conditions (these “Terms & Conditions”) are an integral part of the Software Maintenance Services Agreement (this “Services Agreement”) between Labworks LLC ("Labworks") and ___________________ [Customer Name] (“Customer”). Labworks shall provide maintenance services as more fully described herein to Customer for the Software.
NOW THEREFORE, in consideration of the foregoing, the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Labworks and Customer agree as follows:
1.0 DEFINITIONS
1.1. “Customer” means the end-user entity whose authorized agent has ordered Maintenance Services from Labworks. .
1.2. “Enhancement” means any modification or addition that, when made or added to the Software, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be designated by Labworks as minor or major, depending on Labworks assessment of their value and of the function added to the preexisting Software.
1.3. “Error Correction” means either a modification or an addition that, when made or added to the Software, establishes material conformity of the Software to the functional specifications, or a procedure or routine that, when observed in the regular operation of the Software, eliminates the practical adverse effect on Customer of such nonconformity.
1.4. “Error” means any failure of the Software to conform in all material respects to its functional specifications as published from time to time by Labworks. However, any nonconformity resulting from Customer's misuse, improper use, alteration, or damage of the Software, or Customer's combining or merging the Software with any hardware or software not supplied or identified as compatible by Labworks, shall not be considered an Error.
1.5. “Labworks Software Support Website” means the website designated either within these Terms & Conditions or elsewhere by Labworks at which Customer may, among other activities, enter a support request, obtain manuals and other technical information, and reviewed Customers software licenses and services portfolio.
1.6. “Releases” mean new versions of the Software, which may include both Error Corrections and Enhancements. Such Releases may be either provided either as patches to or complete replacement of the Software. A "generally available" release is a release which is available to the public at large.
Releases do not include new products, optional enhancements or new or add-on products that are priced and sold separately by Labworks. Labworks is the sole determiner of the availability and designation of a Release.
DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C City of Modesto
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2 1.7. “Software Maintenance Services Identification Number” is the identification and tracking number generated by Labworks and provided to Customer to allow registration and tracking of the Software Maintenance Services Agreement.
1.8. “Software” means the Labworks software product designated by the Customer’s order.
Alternatively, Software means the Labworks software product designated for support under the Software Maintenance Services Identification Number.
2.0 SCOPE OF MAINTENANCE SERVICES
2.1. During the maintenance term (annual), Labworks shall provide maintenance services in support of the Software. Maintenance Services shall include both technical support services and software releases.
2.2. Support. Subject to the terms and conditions of this Agreement, Labworks shall provide Customer with support services as described in this section.
2.2.1. Support Hours. Labworks shall maintain standard service hours between 09:00 – 18:00 Monday to Friday, Eastern Standard Time excluding all public holidays.
2.2.2. Telephone Support. Labworks shall provide a support telephone line to respond to support requests. The support telephone line shall be staffed during the hours of 09:00- 18:00 EST Monday to Friday, excluding all public holidays. The support line is toll free within the United State at 844-452-2967.
2.2.3. E-mail Support. Labworks shall provide e-mail support between 09:00-18:00 Monday to Friday, ET, excluding all public holidays. Address: [email protected].
2.2.4. Support requests outside standard service hours. All voicemails and emails will receive a response during the next normal business day. Urgent voicemail requests receive a live response within one hour of the start of the next normal business day.
2.2.5. Remote Support. Initial support will be provided in part by directing Customer to use certain diagnostic tools available on the Software. If this proves insufficient to resolve the support request, if Customer grants explicit permission, and if Customer establishes and maintains the appropriate network configuration, Labworks personnel will access the Software remotely and provide remote services.
2.3. Software Releases. As part of its maintenance services, Labworks may provide periodic Software Releases.
2.3.1. Maintenance Releases. Labworks may provide periodic Maintenance Releases.
Maintenance Releases are generally available release of Software that only provides DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #6..
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3 error corrections. Such a release shall be denoted by a change in the digit to the right of the second decimal point - for example, 3.0.0 to 3.0.1.
2.3.2. Minor Releases. Labworks may provide periodic Minor Releases. A Minor Release is a generally available release of the Software that provides Enhancements designated minor by the Labworks, as well as bug fixes (error corrections). Such a release shall be denoted by a change in the digit to the right of the first decimal point - for example, 3.0 to 3.1.
2.3.3. Major Releases. Labworks may provide periodic Major Releases. Major Releases are generally available releases of the Software that provides Enhancements designated major by Labworks, as well as minor new Enhancements and Error Corrections. Such a release is denoted by a change in the digit to the left of the first decimal point - for example, 3.0 to 4.0.
2.4. Limitations on Scope of Maintenance Services.
2.4.1. Labworks shall have no obligation to provide Releases or Support for the Software except as set forth in this Services Agreement. Labworks shall not have any responsibility to develop subsequent components for the Software or additional processes for Customer, except as explicitly set forth herein.
2.4.2. Labworks shall have no obligation to fix errors in the Software within a specific time duration due to the nature of software operating in a multivendor environment.
2.4.3. Customer rights and obligations concerning the use of any Releases (Error Corrections, Enhancements, or any other programming provided by Labworks relating to the Software) shall be as provided under the End-User License Agreement between Customer and Labworks. Labworks shall have sole and exclusive ownership of all right, title, and interest in and to such works (including ownership of all copyrights and other intellectual property rights pertaining thereto), subject only to the license expressly granted to Customer therein.
2.4.4. Maintenance Services do not include: (a) development of custom computer programs, (b) repairs or service relating to any third-party software or hardware, or (c) hardware modifications or changes to existing hardware configurations, outside the scope of warranty support.
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4 3.0 WARRANTIES AND LIMITATIONS OF LIABILITY
3.1. Limited Maintenance Services Warranty. Labworks warrants, for a period of ninety (90) days following the performance of the applicable Maintenance Service, that such Maintenance Services was performed in a professional manner and in a manner that was at least equal to applicable industry standards prevailing at the time of performance. Labworks’s entire liability and Customer’s exclusive remedy under this limited warranty is, at Labworks’s option, either (a) return of the Maintenance Fees paid by Customer with respect to the annual maintenance period during which such Maintenance Services were performed; or (b) re-performance of such Maintenance Services in a manner that conforms with the foregoing limited warranty. Any Maintenance Services that are re-performed will be warranted in accordance with the terms and conditions of this Section for the remainder of the original warranty period or thirty (30) days, whichever is longer.
3.2. Warranty Disclaimer and Limitation of Liability. CUSTOMER ACKNOWLEDGES THAT EXCEPT AS
EXPRESSLY SET FORTH IN THESE TERMS & CONDITIONS, LABWORKS HAS NOT MADE ANY REPRESENTATION OR WARRANTY TO CUSTOMER REGARDING THE MAINTENANCE SERVICES. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, LABWORKS DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY WITH RESPECT TO TITLE, NONINFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY,
CAPACITY OR TECHNICAL COMPATIBILITY OF THE MAINTENANCE SERVICES OR FITNESS OF THE MAINTENANCE SERVICES FOR A PARTICULAR PURPOSE. CUSTOMER AGREES THAT LABWORKS WILL NOT
BE LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHICH
ARISE DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE
MAINTENANCE SERVICES WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL
CONDUCT, EQUITY OR PURSUANT TO SOME OTHER THEORY, INCLUDING, WITHOUT LIMITATION,
BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH
DAMAGES WAS MADE KNOWN TO OR WAS FORESEEABLE BY LABWORKS AND WHETHER SUCH DAMAGES ARE ASSERTED BY CUSTOMER OR SOME OTHER PARTY .
3.3. CUSTOMER FURTHER ACKNOWLEDGES THAT LABWORKS' MAXIMUM AGGREGATE LIABILITY TO
CUSTOMER UNDER ANY LEGAL THEORY (INCLUDING ITS OWN NEGLIGENCE) FOR DAMAGES ARISING
DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, SALE, USE OF AND/OR INABILITY TO USE THE MAINTENANCE SERVICES WILL NOT IN ANY EVENT EXCEED $1,000,000.
3.4. CUSTOMER ACKNOWLEDGES THAT THE PRICING OF THE MAINTENANCE SERVICES REFLECTS THE INTENT OF THE PARTIES TO LIMIT LABWORKS' LIABILITY AS PROVIDED HEREIN. THE LIMITATIONS OF
LIABILITY SET FORTH HEREIN ARE INTENDED TO LIMIT LABWORKS'S LIABILITY AND WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ANY ACTION,
CLAIM OR PROCEEDING RELATING TO THIS AGREEMENT AND/OR THE MAINTENANCE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, MUST BE BROUGHT WITHIN TWELVE (12) MONTHS FOLLOWING THE ACTION OR EVENT GIVING RISE TO SUCH ACTION, CLAIM OR PROCEEDING.
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5 4.0 TERM AND TERMINATION
4.1. Term. Maintenance Services provided under this Software Agreement shall run from the date of registration of this Software for the term in years ordered by the Customer.
4.2. Early Termination.
4.2.1. Notwithstanding the foregoing, this Agreement may be terminated as follows:
4.2.1.1. at any time upon mutual written agreement of the parties;
4.2.1.2. by either party (the “notifying party”) by written notice to the other party (the “notified party”) if the notified party (a) breaches a material obligation of the notified party under this Agreement and such breach continues uncorrected for a period of thirty (30) days after notice in writing thereof to the notified party,
4.2.1.3. by either party (the “notifying party”) by written notice to the other party (the “notified party”) if the notified party becomes insolvent or is adjudged as bankrupt; makes an assignment for the benefit of creditors; has a receiver appointed for all or a material portion of its property, assets and/or business; or files a voluntary petition of bankruptcy; or
4.2.2. In addition, if Customer is acquired by, merged into, or consolidated with another corporation or organization or sells, transfers, or leases all or a substantial portion of its assets or stock (including any software) to another corporation or other organization which is a direct competitor of Labworks, Labworks reserves the right to consider such event as a material and incurable breach of this Agreement and proceed to termination under this Section 4.2. A direct competitor of Labworks is any entity that markets, sells or develops a product substantially similar to any software of Labworks.
4.2.3. Effect of Early Termination. Upon termination or expiration of this Agreement Customer shall pay any and all undisputed sums then owing to Labworks hereunder within ten (10) business days from the effective date of termination. Upon termination of this Agreement, Customer shall not be entitled to any refund of any payments made by Customer unless explicitly provided for herein.
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6 5.0 MISCELLANEOUS
5.1. Entirety of Agreement.
5.1.1. This Software Agreement includes these Terms & Conditions, as well the terms in any acknowledging e-mail if used to deliver the Software Maintenance Services Identification Number for this Services Agreement. In case of conflict, the terms of these Terms & Conditions will prevail.
5.1.2. This Software Agreement represents the parties' entire agreement with respect to the subject matter of this Agreement and supersedes and replaces any prior agreement or understanding with respect to that subject matter. All prior and all oral representations, warranties and covenants with respect to the subject matter of this Agreement will be deemed to have been merged into and superseded by this Agreement. This Agreement may not be amended or supplemented except pursuant to a written instrument signed by the party against whom such amendment or supplement is to be enforced. This Agreement will prevail over any additional, conflicting or inconsistent terms and conditions which may appear on any purchase order, confirmation or other similar document sent or delivered by a party to this Agreement.
5.2. Survival. The respective rights and obligations of Labworks and Customer under the provisions of Sections 3, 4 and 5 shall survive termination of this Agreement.
5.3. Governing Law/Arbitration. The laws of the State of California, excluding its choice of law provisions, will govern the formation, interpretation, and performance of this Agreement. Customer agrees to submit any dispute, claim or controversy that may arise out of the rendering of Services or providing of Materials as set forth in this Agreement to arbitration by a single arbitrator in Stanislaus County, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. Judgment upon the arbitration award shall be final, binding and conclusive and may be entered in any court having jurisdiction. Nothing contained herein will be deemed to be a waiver of any right that may exist to remove an action filed in state court to federal court.
5.4. Notices. All notices, demands, requests or other communications that may be or are required to be given, served or sent by either party to the other party pursuant to this Agreement will be in writing and will be mailed by first class, registered or certified mail, return receipt requested, postage prepaid, sent by a reputable, national, over-night courier service (with a requirement for receipt of delivery) or transmitted by hand delivery, telegram or facsimile transmission addressed to the parties at their principal office. Either party may designate by written notice a new address to which any notice, demand, request or communication may thereafter be given, served or sent. Each notice, demand, request or communication that is mailed, delivered or transmitted in the manner described above will be deemed sufficiently given, served, sent and received for all purposes at such time as it is delivered to the addressee with the return receipt, the delivery receipt, the affidavit of messenger or (with respect to DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #6..
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7 a facsimile transmission) the answer back being deemed conclusive evidence of such delivery or at such time as delivery is refused by the addressee upon presentation .
5.5. Severability. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed in such manner that it will, to the maximum extent practicable, be deemed to be valid and enforceable.
Accordingly, in lieu of such invalid or unenforceable provision, there will be added automatically as a part of this Agreement a provision as similar in its terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
5.6. Third Party Beneficiaries. Except as expressly set forth or referred to in this Agreement, nothing in this Agreement is intended or will be construed to confer upon or give to any party other than the parties to this Agreement and their successors and permitted assigns, if any, any rights or remedies under or by reason of this Agreement.
5.7. No Waiver. No failure or delay in exercising any right hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise or the exercise of any other right.
5.8. Force Majeure. Neither party to this Agreement shall be liable to the other for any delay or failure by such party to perform its obligations (excluding obligations to pay money) under this Agreement if such delay or failure arises from any cause or causes beyond the reasonable control of such party, including, without limitation, labor disputes, strikes, acts of God, floods, lightning, shortages of materials, rationing, utility or communication failures, earthquakes, casualty, war, acts of the public enemy, riots, insurrections, embargoes, blockades or regulations or orders of governmental authorities.
If a party to this Agreement shall be delayed or prevented from performing such party's obligations pursuant to this Agreement due to any cause beyond such party's reasonable control, such delay shall be excused during the continuance of such delay and the period of performance shall be extended to the extent necessary to enable such party to perform its obligations after the cause of such delay has been removed; provided, however, if such performance is delayed for thirty (30) or more days, the party entitled to the benefit of such performance may elect to terminate this Agreement .
5.9. Assignment. Customer may transfer or assign its rights under this Agreement but only with the advance written consent of Labworks, which shall not be unreasonably withheld. As a condition precedent to any such assignment or transfer (a) the assignee/transferee must agree in writing to comply with all of the obligations of Customer under this Agreement, (b) Labworks must be given a copy of the assignee/transferee's written undertaking to comply with all of the obligations of Customer under this Agreement, and (c) all maintenance transfer fees, if any, must be paid to Labworks.
DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #6..
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8 Signature Page to “Software Maintenance Services Terms and Conditions v4.3” I agree to the terms and conditions as set forth in “Software Maintenance Services Terms and Conditions v4.3” between Labworks LLC and Customer.
Labworks LLC Customer
________________________________ ________________________________ Signature Signature
________________________________ ________________________________ Name Name
________________________________ ________________________________ Date Date
DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C 5/31/2023
Claudia Lukac, Director of Client Services
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM
JOE F. RODRIGUEZ, Risk Manager
APPROVED AS TO FORM
6/2/2023
Joseph P. Lopez, City Manager
DIANE NAYARES-PEREZ, CMC, City Clerk
6/2/2023
ATTEST:
(Seal)
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Quote for CITY OF MODESTO
Labworks LLC
Office: 230 N 1200 E #202, Lehi, Utah 84043
Remittance: 230 N 1200 E #202, Lehi, Utah 84043
CITY OF MODESTO
1010 10TH ST
MODESTO,CA 95354
LABWORKS Support ID: L783
Prepared By: CLAUDIA LUKAC
Email: [email protected]
Finance Email: [email protected]
Quote Date: January 13, 2023
Quote #: 00002351
Quote Expires: August 1, 2023
Software Maintenance and Support
Part# Description Quantity Units of
Measure Unit Price Subtotal Total Price
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $18,048.00 $18,048.00 $18,048.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $18,684.00 $18,684.00 $18,684.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $19,338.00 $19,338.00 $19,338.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $20,016.00 $20,016.00 $20,016.00
LB-2017
LABWORKS Assist Support Plan Renewal provides a fundamental level of support services for LABWORKS. The plan includes the following: License Software and Documentation Updates (excluding Bartender & Crystal Reports Software); 800 Support Number; Telephone Help Desk; Email Support; Remote Support Sessions; Escalation Process and access to LABWORKS webinars and
workshops. (See comment section)
1.00 Annual $20,778.00 $20,778.00 $20,778.00
Comments Quote Summary - Price Shown in USD($) Gross Price Net Price LABWORKS System: SQL Database
Support Term:
August 1, 2023 - July 31, 2024 $18,048
August 1, 2024 - July 31, 2025 $18,684
August 1, 2025 - July 31, 2026 $19,338 Support/Maintenance $96,864.00 $96,864.00 DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #6..
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Labworks LLC - 230 N 1200 E #202, Lehi, Utah 84043 | 844-452-2967 | www.labworks.com | Proprietary and Confidential Page of 2 2
August 1, 2026 - July 31, 2027 $20,016
August 1, 2027 - July 31, 2028 $20.778
(5 Years LABWORKS Renewal to be paid annually)
Note: If additional LABWORKS licenses, products are purchased for the LABWORKS System during a support year, the support for those additions would be added to the following years LABWORKS Renewal.
Total $96,864.00 $96,864.00
Customer elects electronic delivery ONLY of software products to the designated contact listed above. If included in this quote, Maintenance Fees are payable in advance, with payment due Net 30 days from date of invoice/delivery.
Please submit your purchase order to [email protected] and to the account representative at the top of the quote.
LABWORKS Maintenance and Support Policy: Clients must maintain LABWORKS maintenance/support in order to receive technical support, email support, phone support, software updates, documentation and access to the LABWORKS user site. If a client elects to discontinue support, they must notify Labworks LLC in writing 60 days prior to the expiration of their last paid maintenance period. Renewal of discontinued support is subject to back support fees. By creating a purchase order based on this quote, you are accepting this Maintenance and Support Policy.
Approved by:
Claudia Ann Lukac Nye/Director of Client Services
DocuSign Envelope ID: 1C625A19-4553-4DBA-8589-EA04A2D2986C #6..
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BidWaiverApproval_FirstAmendment
LabworksLIMS_WWUTLsigned
FinalAuditReport 2024-07-12
Created: 2024-07-12
By: JuanaLynch([email protected])
Status: Signed
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CITY OF MODESTO
COMMITTEE AGENDA REPORT
DATE OF MEETING:
September 9, 2024
Date: August 19, 2024
TO: Economic Development Committee
Chris Ricci, Chair
Eric Alvarez, Vice Chair
Sue Zwahlen, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Acceptance of Engineering and Planning Document Reports Related to Bicyclist, Pedestrian and School Zone Safety
CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], 209-571-5552
DESCRIPTION:
Consider Engineering and Planning Document Reports related to bicyclist, pedestrian, and school zone safety: Systemic Safety Analysis Report (SSAR), Local Roadway Safety Plan (LRSP), NonMotorized Master Plan Update, and School Safety Program Study, and forwarding to Council for approval. (Funding Source: State Systemic Safety Analysis Report (SSAR) Grant, Highway Safety Improvement Program (HSIP), and Local Measure L Funds) STRATEGIC PLAN ELEMENT:
The recommended action is consistent with the City of Modesto 2020-2025 Strategic Plan Goal D, Ensure Safe, Efficient, and Reliable Infrastructure.
BACKGROUND:
Over the past several years City staff has taken a pro-active approach in evaluating roadway networks to identify potential improvements focused on enhancing pedestrian and bicyclist safety throughout the City of Modesto and particularly in school zones. City staff applied for grant funds for the Systemic Safety Analysis Report (SSAR) program and Local Roadway Safety Plan (LRSP) and dedicated Local Measure L funds for the Non-Motorized Master Plan Update and the School Safety Program Study.
Systemic Safety Analysis Report (SSAR) – The City of Modesto submitted an application to the State of California for $225,000 in State grant funds and was one of 27 applicants out of 79 selected to receive funding. The goal of the SSAR is to utilize a defined set of criteria to proactively focus on evaluating roadway networks to identify potential improvements to increase pedestrian #7..
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Economic Development Committee, September 9, 2024
Acceptance of Engineering and Planning Document Reports Related to Bicyclist, Pedestrian and School Zone Safety
and bicycle safety. By performing a collision and roadway network analysis, this project had the goal of developing recommendations and systemic countermeasures that could be applied at similar intersections and roadway corridors throughout the City of Modesto.
Local Roadway Safety Plan (LRSP) – In October 2019, the State of California announced a call for LRSP grant applications utilizing $10 million in State Highway Safety Improvement (HSIP) funds. The call for applications was restricted to agencies with a current SSAR project. Since efforts on the City’s SSAR were underway, the City of Modesto was eligible to apply for these funds. The City of Modesto was successful in receiving $67,500 in HSIP grant funding for the development of an LRSP.
Federal regulations require each state to have a Strategic Highway Safety Plan (SHSP), which is a statewide traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accident fatalities and all injuries on public roads. The SHSP addresses the 4E’s of Traffic Safety: Engineering, Enforcement, Education, and Emergency Services.
Where the SHSP is a statewide approach to improving traffic safety, the Local Roadway Safety Plan (LRSP) provides local road owners, like the City of Modesto the opportunity to address unique roadway safety needs while contributing to the success of the SHSP. Preparation of an LRSP report provides a framework to systematically identify and analyze safety problems and recommend safety improvements within local jurisdictions.
Caltrans advised agencies that having an LRSP in place prior to submittal of an application for Highway Safety Improvement Program Cycle 10 grant funds in 2020 was recommended and would be a requirement for applications in all future HSIP grant cycles.
Non-Motorized Master Plan Update – The goal of the Non-Motorized Plan Update is to act as a guide for active mobility within and around the City of Modesto by identifying an integrated network of walkways and bikeways that connect the City of Modesto neighborhoods and communities to employment, education, commercial and recreational destinations.
The goals of the Non-Motorized Master Plan update were achieved by assessing the needs of bicyclists and pedestrians in the City of Modesto to identify local improvements and implementation strategies to encourage residents to use active modes of transportation for more of their daily trips and to identify methods for financing and implementation of the identified active transportation projects.
School Safety Program Study – The City of Modesto has 68 public schools in five (5) districts, consisting of 50 elementary schools, 11 middle schools and seven (7) high schools all with their own set of concerns and goals for student safety. The City first created a task force to establish school safety needs using Measure L Local Funding, however it quickly became apparent that there were many more needs than immediate resources available to address them. The School Safety Program Study was designed to inventory safety and traffic flow around schools and then evaluate and prioritize needs and create a fair and transparent system to utilize funding as it becomes available to make improvements within the public right-of-way around schools. #7..
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Economic Development Committee, September 9, 2024
Acceptance of Engineering and Planning Document Reports Related to Bicyclist, Pedestrian and School Zone Safety
DISCUSSION:
Systemic Safety Analysis Report (SSAR) – The City of Modesto entered into a consultant Agreement with Fehr and Peers to produce an SSAR that analyzed collisions and near miss collision patterns throughout the City of Modesto based on roadway type and geometry. The finalized report provides this information along with a list of recommended proposed projects with high benefit/cost ratios that would potentially be eligible for HSIP and other grant funds.
Local Roadway and Safety Plan (LRSP) – The City of Modesto’s efforts on the SSAR were underway with Fehr and Peers when the LRSP grant was awarded. To receive the most benefit and utilize a majority of the collision pattern and analysis that had already been performed throughout the City, the existing contract with Fehr and Peers was amended to include the additional components of education and enforcement for the development of the LRSP. The finalized LRSP report meets all the program guideline requirements and meets the requirement allowing the City of Modesto to self-certify having an LRSP for all HSIP grant cycles.
Non-Motorized Master Plan Update – The City of Modesto entered into a consultant Agreement with Alta Planning and Design, Inc. to produce a comprehensive Active Transportation Plan (NonMotorized Plan Update). The completed Non-Motorized Plan Update identifies the existing integrated network of walkways and bikeways connecting City of Modesto neighborhoods and communities to employment, education, commercial and recreational destinations. The completed Plan also prioritizes a set of connected projects that, when fully implemented, will increase active transportation opportunities making walking and biking safer and more convenient in the City of Modesto. The completed plan with prioritization methods also positions the city with a framework to prepare and compete for various grant funding programs.
School Safety Program Study – The City of Modesto entered into a consultant Agreement with Alta Planning and Design, Inc. to produce a School Safety Program Study. The finalized Plan includes data collection and an Americans with Disabilities (ADA) access survey, assessment of needs for bicycle and pedestrian facilities throughout the City of Modesto, provides prioritization criteria for future planned facilities, and makes recommendations for future projects.
FISCAL IMPACT:
The Systemic Safety Analysis Report (SSAR) was funded by $225,000 in HSIP grant funds and $25,000 in Local Measure L funds.
The Local Roadway Safety Plans (LRSP) was funded with $67,500 in State HSIP funds and $7,500 in Local Measure L funds.
The Non-Motorized Master Plan Update was funded with $300,000 in Local Measure L Funds.
The School Safety Program Study was funded with $250,000 in Local Measure L Funds.
CEQA/NEPA REQUIREMENTS:
Environmental review for each project will take place during the Preliminary Engineering phase. #7..
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Economic Development Committee, September 9, 2024
Acceptance of Engineering and Planning Document Reports Related to Bicyclist, Pedestrian and School Zone Safety
RECOMMENDED COMMITTEE ACTION:
Staff Recommendations:
Motion recommending the acceptance of the following Engineering and Planning Document Reports related to bicyclist, pedestrian, and school zone safety: Systemic Safety Analysis Report (SSAR), Local Roadway Safety Plan (LRSP), Non-Motorized Master Plan Update, and School Safety Program Study, and forwarding to Council for approval.
Approved by:
Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
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