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HomeMy WebLinkAboutMINUTES - 09121995 - C98 l f TO: BOARD OF SUPERVISORS Contra FROM: John H. deFremery, Agricultural Commi io r Costa Director Weights & Measures P 4a� August 7, 1995 c� .-P DATE: County r°sT�� '�c SUBJECT: State Egg Quality Enforcement Contract for Fiscal Year 1995-96 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. 95-055 proposes to reimburse the County $798 . 00 for work activities relating to enforcement of egg quality control . The Contract is effective July 1, 1995 through June 30, 1996 . BACKGROUND The County Department of Agriculture enforces egg quality regulations . The State reimburses the County for a portion of these regulatory activities . 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. CC: Auditor-Controller , ATTESTED— PHIL TTESTED PHIL BAT HELOR,CLERK OF THE BOARD OF Contact: Fd Nbyer (6-5250) SUPERVISORS AND COUNTY ADMINISTRATOR - 4 M382 (10/88) BY DEPUTY STATE OF CALIFORNIA DRUG-FREE WORKPLACE CERTIFICATION STD.21(REV.12-OM 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 laws of the State of California. CONTRACTORIBIDOER FIRM NAME FEDERAL ID NUMBER BY(Atdhowed Sigmftm) DATE EXECUTED A6 PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (bwkxfs Asea Code TITLE CONTRACTOPAIDDER 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 (MOTTO EXCEED36 MONTHS),thestate will regard this certificateas valid forall contracts or grants 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. STATE OF CALIFORNIA APPROVED BY THE CONTRACT NUMBER I AM.NO. STANDA-.�11 D AGREEMENT— ATTORNEY GENERAL 95-0055 STD.2(REV.5-91) TAXPAYER'S FEDERAL EMPLOYER , of June . 1995 IDENTIFICATION NUMBER 15th day THIS AGREEMENT,made and entered into this Gf —l0 0 00,Td 59 in the State of California,by and between State of California,through its duty elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY 7S Secretary Department Of Food And Agriculture ,hereafter called,the•State,and CONTRACTOR'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 herebv aqree 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 Stn rds" ' entified as Exhibit'A'and by this reference made a part hereof. ,� P� This Agreement all be for the period co mencing July 1, 1995 through June 30, 1996.The total amount payable shall not exceed o In accordance with the attached Fscal Display,identified as Exhibit displaying the State enforcement funding.for.retail monitoring and wholesale inspection, and by this reference made a part hereof. Payments to be made quarterly upon submission of completed Form 9, identified with Contract No. 95-0055 and sent to: California Department of Food and Agriculture, Egg Quality Control, 1220 N Street, Sacramento, California 95814. By signing this Agreement,Contractor assures the State that is complies with the Americans with Disabilities Act(ADA)of 1990, (42 U.S.C. 12101 et seq),which prohibits discrimination on the basis of disability, as well as all applicable regulationsand guidelines issued pursuant to the ADA. Signature of Reviewer: The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (IfotherMan anbaMdual,state wAetlteraaotporation,paMemhip,eta,) Department Of Food And Agriculture County of Contra Costa BY(AUTHORIZED SIGNATURE) ' BY(AUTHORIZED SIGNATURE) X X PRIIM'E�t�OPERSSIGNING Q PRINTEONAIDIt ANDOITLE OF PERSON SIGNIN16 Alice L.Wright INITIAL TITLE ADDRESS ' Contract Officer n IS AMOUNT ENCUMBERED BY _ ' PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE THS oocuMENr - 40.50.00 Egg Quality Control General Department of General Services Ms 9 q ,, r; use only (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR 1.'•,'� THIS CONTRACT. b - ITEM CHAPTER STATUTE FISCAL YEAR 8570-001-001Q3 95 95/96 r r �C �1 TOTAL AMOUNT ENCUMBERED nATE GAN. SEW DPS. APPROVAL RG IAL R OBJECT OF EXPENDITURE(CODE AND TITLE) 56907 NOT REQUIRED PSR 1 hereby certify upon my own personal knowledge that budgeted funds are T.B.A. No. B.R.No. S tt P17 1215 available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFF CER DATE CONTRACTOR a STA AGENCY ❑ DEPT.OF GEN.SER. ❑ CONTROLLER ❑ 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, Agents, and employees from any and all claims and losses accruing or resulting to any and.all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall actin an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is of the essence in this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parities hereto;'-and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. n M OOT m D CSCD ri m M �< 0 Cn Agreement No. 95-0055 Pages Two MIWBE AUDIT 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 Agreement No. `95--0055 Page Three 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 partie's.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, Califomia 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 shall insure 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 shalt 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.?). 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. Ageernen' NO 95-0055 EXhii.lit A P,S1-T I IOD 01= PROCEDURE FOR GNIFORCEMENT OF DEPARTMENT OF FOOD&AGRICULTURE STANDARDS Part 1 -State Responsibilities The State supervising inspector will assume responsibility for coordinating the training and supervision of insl:,ector3/biologists, interpretation and application of grades, and methods of making inspections. The Siate tv✓iii 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 work records for each inspector/biologist on a daily basis showing services performed under this Agreement together with copies of egg inspection work sheets that show the quality of ergs inspected, eggs rejected, and 100 egg samples inspected. Copies of the work sheet will be given to the p1:nt management after each inspection. Quarterly payments in arrears will be made as outlined in the contract and in agreement with the attached Fiscal Display for wholesale and retail inspections. To receive the maximum payments for wholesale and retail inspections,the minimum number of 100 egg samples must be inspected_at the wholesale and retail level. If the minimum number of 100 egg samp!es 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 inspection 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 where work is being clone under this Agreement to observe the actual inspection of eggs. All licensed certified inspectors/biologists, shall adhere to the California Food and Agricultural Code, Pari 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. County of Contra Costa Exhibit°B° Funding and Inspection Display Agreement No. 95-0055 State Enforcement RETAIL MONITORING Minimum 100 egg samples to be inspected 40 Funding per 100 egg samples $18.46 Maximum Funding $738.40 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 $59.48 TOTAL STATE ENFORCEMENT $797•$$