HomeMy WebLinkAboutMINUTES - 07191994 - 1.35 TO: BOARD OF SUPERVISORS SE L
� F. Contra
FROM: John H. deFremery, Agricultural Commissione - COSta
Director Weights & Measures o s
g•:4oa County
DATE: June 24, 1994 sr, �"
o
SUBJECT: State Egg Quality Enforcement Contract for Fiscal Year 1994-95.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize Chair, Board of Supervisors to sign a contract with the
California Department of Food and Agriculture.
Contract No. 94-0086 proposes to reimburse the County $1,222 . 47 for work
activities relating to enforcement of egg quality control . The Contract
is effective July 1, 1994 through June 30, 1995 .
BACKGROUND
The County Department of Agriculture enforces egg quality regulations .
The State reimburses- the County fora portion of these regulatory
activities .
0
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. n
CC: Auditor-Controller ATTESTED
PHIL BA HEL R,CLERK OF THE BOARD OF
contact' Ed Meyer SUPERVISORS AND COUNTY ADMINISTRATOR
. 6-5250
BY DEPUTY
M382 (10188) —
13�
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21(REV.12-93)
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or
grant recipient to the certification described below. I am fully aware that this certification, executed
on the date below, is made under penalty of perjury under the Iaws of the State of California.
CONTRACTOR/ IDDER FIRM NAME FEDERAL ID NUMBER
f ,
BY(Authorized Si lure) DATE EXECUTED
PRINTED NAME AND TiTLf OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)
T6xnu U.
1t�tit�rr, iPti cif �u
TITLE
CONTRACTORIBIDDER FIRM'S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355
in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture,distribution,dispensation,possession,
or use of a controlled substance is prohibited and specifying actions to be taken against employees for
violations,as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b); to inform
employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace,
(c) Any available counseling,rehabilitation and employee assistance programs,and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c),that every employee who works on the proposed
contract or grant:
(a) Will receive a copy of the company's drug-free workplace policy statement,and
(b) Will agree to abide by the terms of the company's statement as a condition of employment on
the contract or grant.
4. At the election of the contractor or grantee, from and after the "Date Executed"and until
(NOT TO EXCEED 36 MONTHS),the state will regard this certificate as valid for all contracts orgrants entered
into between the contractor or grantee and this state agency without requiring the contractor or grantee to
provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill
in the blank date,then the terms and conditions of this certificate shall have the same force,meaning,effect
and enforceability as if a certificate were separately,.specifically,and individually provided for each contract
or grant between the contractor or grantee and this state agency.
i
1
STATE OF CALIFCAK,ABY
STANDARD AGREEMENT— APPROVED ATTORNEY GENERAL CONTRACTNUMBER r,.No.
STD.z(REv.s-et) 94-0086
TAXPAYER'S iEnRAL EU?LCY-R ITDEETI=.„ATiCA
THIS AGREEMENT,made and entered into this 2nd day of June 1994 6000 5-0 /
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
SECRETARY _ Food and Aar icutlure hereafter called the State,and
CONTRACT CR'S NAME
County of Contra' Costa hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
Contractor_ shall perform enforcement services in accordance with the attached "Method of
Procedure for Enforcement of Department of Food and Agriculture Standards", identified as
Exhibit A and by this reference made a part hereof.
This Agreement shall be for the period commencing July 1, 1994 through june 30, 1.995, and
must be returned within 45 days after receipt by Cotnractor. The total amount payable is
outlined in the attached Fiscal Display. Exhibit B displays the State enforcement
funding for retail monitoring and wholesale inspection.
Payments will be made quarterly upon submission of completed Form 9, identified with the.
Contract No. and sent to: California Department of Food and Agriculture, Egg Quality
Control, 1220 N Street, Sacramento, CA 95814.
Signature of Reliever
CONTINUED ONSfiEE7'S, EP,CFI BEARING NAME OF CONTRACTOR AND CONTRAC('NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
i P:WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR(if other than an individual,state whether a corporation,par,nership,e;e.)
Department of Food and Agriculture County, oft Contra Costa
D'Y(AUTHCRIZ�:D SIGNATURE) p..- BY(A'JTHORIfeb SIGNATUnQ ' J
PRINT 'NA.1.,E OF PERSON SIGNING PRINTED,<AME AND TITLE OF PERSCMSiGN!NG
Alice L. Wright
'I fiLE ADDRESS
Contract officer
MOUNT ENCUMBERED BY THIS..� PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services v
D CUMENT
40.50 .00 Egg Quality Control I General Use only
1,222.47 (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
Ti-i!S CONTRACT
O ITEM CHAPTER STATUTE FISCAL YEAR
TC:TALAaOUNTENGUl.,oEREDTO 8570-001-001 /�59 94 94/95 EN. SERV. DEPT. APPROVAL
;.."E OBJECT OF EXPENDITURE(CODE AND TITLE) NOT REQUIRED PER
1,222.47 569
l 15
hereby certify upon my,orrn personal knowledge that budgeted funds T.B.A.NO. B.R.NO. SAM ��
t re avoilablo for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
JUL 2 9 1994
CCNTRACTOR F] STATE AGENCY El _ ,CF GEN.SER, a CONTROLLER
'STA NDP,RD AisREEEUIEiii
L The Con wrtor agrees tUtti;iC'i;i31H",d:,i€.nd anIsave Ormiessthe tti!iqRsoN1{:f.3t;angentsyn IE:77ployees
irmn any and ad dCid'ms ana hams 1:Ci'1 ing w- resuii{?:`_S to any and all (')IdC:>>'11Ct(R"_i; Si1I)cwi?'acWrq
[ICii;f Td 1)"r.,£'Tij i.{t)!}mm and : other person,,Fh m or C{)i'?o < bou rI;i'1dslAng or juprAying iv{)I k services',
sf nteriab or suppsues in C4}Y'+nection With Uw Si::itm'i f. ; l.ce{;t-this contract acts i.a,d'A iia any and aH Ci'c4i,TziS'.,:nd
or r 31A,.Iiirt to any permAu Am or e po i;t:mi too may by I'Q ;"ed orlamaged by the
Contractor in th t e N i[i_t` ce (iTtrdis C{311"raet.
2. The Mt. .c{.(?x b z,t3d the«gul.;,e?Ti �tt3ji,C" � .l rs +,g�i{?I's�.IDf I,.rl�:."t= S o � GaY'��?1t'b S}!�11
f«t )j es.`s`tl s,{s i 9t'i{l i'�ir']t (3, til '1 r P,i z.
in an :d1{;f��z.3....r.;'1', ,.s.,f.,u:tt T a1'sS not rt.'.i()f Nt.i.;rs(13"i;i79rit yr"u4i or<:r,f_'WS 4)i i`"5a'r3Gc", of California. "
The St way tem6n t � g..ee t c ,z i .i s^,r, to ttt ' .t i r t'
:�. �..i;it£ b, �.. ..,3C3�....,stl.�, 7[�: ,c.t,.31 SsEtl t=L_.`Er_ ...1„3 j_ - 3I dt�>Cil.t.,ii� :et'hi?t ti,) 4),i,r'<.s:i:;I' '
Would Contractor 101 to p-`'r"+,>.._= Me C.E,,'L=amos bei-_.n conic°dn d at Me time and A the manner 43:".'i n
In. 1,'1€3£:vf' -;1.. ,).Sudl 9:;.:Yi.srd„ { the t.� 3 r , Is f �!'- � i� 1 r
�.61 3s i state 3' ,I., i.d(?.:E: +i .Y aa. iii) .pr_lli d.i?:'li 2,7 tl�%%i£Cl .
r
3 -op""' b the StateL 3 - i_,1_,i t{, i,o,.S'Ia.f:,� mil A .indu �.f, {.t),. <�n ......61.' ,flne ."is?i3'slcto3 :ii7Ci a tilt
s tieni ,and ii]t,'t,O..rd,_,, if Pny,._hah be ,9Ad Un Ansymn i,yrmy WOOL
L
, Without ithotib t e r:,l.3ts.f`..l t..ps.,ent,of the .r,:..it:'j ti -:r agrCeplent is b:Cii 2+ i,;:_,3;7t by tt.tt.3'€zCkor either tit -
4iT in i32"ti a.
}t;i.{' is of the $s.re,acet-3 it 3 „?I weu-,'._` ll..
va..'i. _"t„;oFtH ti _ ofthis._. ,,,< a.. ,,,. r! ),. _., .,..xs:..,`_Ss nande lY3 car"t'd L1c e`,ci i Apia!b,,:
th Im es beret.?,a=1dno oral (3?'sa�S£?":�:«{,I"zx.not incorporated St.,?+.iq 3iir.it be bJ1Y34.iIng on
ony of
me parfl,�shcrvto,
. d i;� it;:s-dier..t.�.{1�i t . �:_ybb.«�,?' _,{7:_'k,:`,t't:. ?, .,.''i 1 .:).. _....1. herein, S��?4+ 2.;',. li .i..?i?',� f i.ac L.s.£)=' for ail of
} .t i i. t� }� 3 Vi 4 C J, S and
diem [-
t,{.d' I , S�r"''S C_ 7£.! � 3�iu ;i<S~,it_ Vie t_,'sziJl`zYi�(t.i: hereof, including t'Y`2.'s�S ca1.CE t;;i' ('at 2z_tSiti:�,
_i rra it.• - .
i
91 61014 i
Agreement No. 94- P6&(o
M/WBE AUDIT Page 2
Contractor or vendor agrees that the awarding department or its delegatee will have the right to review, obtain, and
copy all records pertaining to performance of the contract. Contractor or vendor agrees to provide the awarding
department or-its delegatee with any relevant information requested and shall permit the awarding department or
its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of
interviewing employees and inspecting and copying such books, records, accounts, and other material that may
be relevant to a matter under investigation for the purpose of determining compliance with Public contract Code
Section 10115 et seq. and Title 2, California Code of Regulations, Section 1896.60 et seq. Contractor or vendor
further agrees to maintain such records for a period of three (3)years after final payment under the contract.
AMENDMENT/CANCELLATION
This agreement may be amended upon written mutual consent, or canceled by either party, upon thirty days
written notice unless otherwise stated (State Administrative Manual Section 1247).
BUDGET ACT
It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this
contract does not appropriate sufficient funds for the program, this contract shall be of no further force and effect.
In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other
considerations under this contract and the Contractor shall not be obligated to perform any provisions of this
contract.
APPROVAL
This contract shall not be considered effective until signed by both parties and approved by the Department of
General Services, if required (State Administrative Manual Sections 1215 and 1216).
INVOICE AND PAYMENTS
The Contractor shall render invoices for total monthly or quarterly charges in the month or quarter following the
month or quarter for which the charges accrue. Invoices will be submitted in triplicate. Allow up to sixty calendar
days for payment of invoices.
LABOR CODE/WORKER'S COMPENSATION
Contractor certified and is aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Worker Compensation or to undertake self-insurance in accordance
with the provisions of that Code and Contractor affirms to comply with such provisions before commencing the
performance of the work of this contract.
SUBCONTRACTING
Contractor shall not subcontract any services under this contract without prior approval of the State's
representatives.
PROFESSIONAL WORK
All work to be perform in accordance with all acceptable State standards.
County, Board, Committee,
Commission Std. Clauses _
Revised 6/2/94
t.
RESOLUTIONS
A copy of a resolution, order, motion, or ordinance of the local governing body by law having authority to enter into
proposed contract authorizing execution of agreements must be included when contracting parties are county,
city, district,.board or commissions (State Administrative Manual Section 1208).
DISPUTES
Any dispute concerning a question of fact arising under the terms of this agreement which is not disposed of
within a reasonable period of time (ten days) by the Contractor and State employees normally responsible for the
administration of this contract shall be brought to the attention of the Chief Executive Officer, or designated
representative, of each organization for joint resolution.
NATIONAL LABOR RELATIONS BOARD CERTIFICATION
Contractor, by signing this agreement, does swear under penalty of perjury that no more than one final
unappealable finding of contempt of court by a Federal court has been issued against Contractor within the
immediately preceding two-year period because of the Contractor's failure to comply with an order of a Federal
court which orders the Contractor to comply with an order of the National Labor Relations Board (Public Contract
Code Section 10296).
STATEMENT OF COMPLIANCE
The Contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury
under the laws of the State of California that the Contractor has, unless exempted, complied with the
nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of
Regulations Section 8103.
NONDISCRIMINATION CLAUSE (OCP-1)
During the performance of this contract,contractor and its subcontractors shall not unlawfully discriminate, harass
or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry,
religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition
(cancer), age (over 40), marital status, and denial of family care leave. Contractors and subcontractors shallinsure
that the evaluation and treatment of their employees and applicants for employment are free from such
discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990 (a-
f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this
contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which they have a collective
bargaining or other agreement.
This contractor shall include the the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the contract.
AUDIT
It is hereby mutually agreed that Contractor shall be subject to the examination and audit of the Auditor General for
a period of three years after final payment under this agreement (Government Code 8546.7). The examination
and audit shall be confined to those matters connected with the performance of this contract including but not
limited to the cost of administering the contract.
P, Y3er(12sii ilii. 94-0086
METHOD OF PROCEDURE FOR ENF;ORCEME1-.N'(OF DEBAR HENT OF FOOD 8, /',GR CUL(UPi_: STAT tDAI=;DS
Part I - State Responsibilities
The State supervising inspector, will assume responsibility for coordinating the training and supervision of
inspectors/biologists, interpretation and application of grades, and methods of rnaking inspections.
The State will provide for the collection of the necessary fees from the egg industry or through the Federal Trust
Fund and compensate the County for the following services:
1. CALIFORNIA ENFORCEMENT (mill fee): An amount based upon the number of 100 egg samples to be
examined at packing, distribution, and retail outlets for retail monitoring and origin inspection.
Part I I -County Department of Agriculture
The County will maintain hourly vrork records for each inspector/biologist on a daily basis sho`•rJing services
perforn-red under this Agreement together with copies of egg inspection work sheets that show the gr.rality of
eggs inspected, eggs rejected, and 100 egg samples inspected. Copies of the �!rork sheet will be given to the
plant management after each inspection.
Quarterly payments in an-ears will be made as outlined in the contrac1. and in agreement \with the attached Fiscal
Display for wholesale and retail inspections.
To receive the maximum payments for wholesale and retail inspections, the rninirnum nurnber of -100 egg samples
roust be inspected at the wholesale acid retail level. If the rninimun number of 100 egg samples are not inspected
by the end of each quarter at wholesale and by the end of the contract year at retail, payments will be made at the
specified rate per sample.
County will furnish the necessary insl:)ection equipment, transportation, office space, supplies, and support
services for.carrying out the inspection work under this Agreement.
Part I I I -Additional Provisions
State supervisors will have the right to enter the County at any time whem work is.being done under this
Agreement to observe the actual inspection of eggs.
All licensed certified inspectors/biologists shall adhere to the California Food and Agricultural Code, Part 4,
Chapter 1; California Code of Regulations Title 3, Part 4, Chapter 1; Federal Regulations, Title 7, Chapter, 1, Part
59; Egg Inspection Manual; Shell Egg Regulatory Inspectors Handbook; and program enforcement policies.
State and County personnel will keep each other informed on all activities pertaining to inspections made pursuant
to this Agreement.
In the performance of services, the State shall be responsible for any liability-resulting from the negligent or,
wrongful acts or omissions of its officers, agents, and employees, and the County shall likewise be responsible for
their wrongful acts, etc.
EXHIBIT "B"
Agreement No. 94-0036
COUNTY OF CONTRA COSTA
FUNDING AND INSPECTION DISPLAY
STATE ENFORCEMENT
RETAIL MONITORING
Minimum 100 egg samples to be inspected 63
Funding per 100 egg samples $18 . 46
Maximum Funding $1 , 162 . 98
WHOLESALE INSPECTION
Minimum 100 egg samples to be inspected 4
Quarterly 100 egg samples to be inspected 1
Quarterly Funding $14 . 87
Funding per 100 egg samples $14 . 87
Maximum Funding $59 . 49
TOTAL STATE ENFORCEMENT 51 , 222 . 47
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