HomeMy WebLinkAboutMINUTES - 09191995 - C23 TO: ' BOARD OF SUPERVISORS 7
ntra
FROM: John H. deFremery, Agricultural Commissioner '
Costa
Director Weights &. Meas r
g � •w-�- �E - 4 Count
DATE: August 28, 1995 = y
couN�
SUBJECT: State Nursery Regulatory Contract for Fiscal Year 1995-96
SPECIFIC REOUEST(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 which proposes to
reimburse the County $2, 195 for work activities relating to
Enforcement of Nursery regulations . The contract is effective July
1, 1995 through June 30, 1996 .
BACKGROUND
The County Department of Agriculture enforces Nursery 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
_Z/ I HEREBY CERTIFY THAT THIS IS A TRUF
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. q
CC: Auditor-Controller ATTESTED
PHIL BA-P HELOR,CLERK OF THE BOARD OF
contact' Ed Meyer 6-5250 SUPERVISORS AND COUNTY ADMINISTRATOR
BY j DEPUTY
M382 (10/88)
STATE OF CAUFORNIA_ APPROVED BY THE 9-J
STANDARD AGREEMENT— CONTRACT NUMBER AM.No.
ATTORNEY GENERAL 95-0138 _
STD.2(REV.5-$1) TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 15th day of June 1995 94-6000509
in the State of Calfomia,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Secretary Department Of Food And Agriculture ,hereafter called xhe 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 hereby 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 to perform inspections of.nursery stock of all county producer/wholesale acreage and to respond to complaints at
retail establishments. Contractor to enforce all laws and regulations pertaining to nursery stock, including licensing
requirements in accordance with the attached 'Memorandum of Understanding' identified as Exhibit'A'and by this reference
made a part hereof. Specifically not included is nursery stock in the first year of a two-year production cycle, plant materials in
parent stock or propagative stock beds and nursery stock entered in one of the state's registration or certification programs.
Contractor agrees to furnish all equipment and labor necessary to perform inspection and enforcement activities.These
activities under this agreement shall be completed within the time frame outlined.
This Agreement shall be effective July 1, 1995 through June 30, 1996. This Agreement must be signed and returned within
45 days after receipt by Contractor.
Contractor to be paid on a per acre basis for inspection and enforcement activities. The total amount payable under this v
Agreement shall not exceed$2,195.00. This is determined at a rate of$11.43 per acre, based on 192 acres, as reported by
the county. In addition, $50.00 may be paid for new license law enforcement efforts.
Payment shall be made quarterly in arrears upon submission and approval of an itemized invoice.The County shall submit an
itemized invoice, each quarter, in arrears, in triplicate, referencing Contract No. 95-0138 and sent to: Department of Food and
Agriculture, Pest Exclusion, Attention: Don Dilley, 1220 N Street, Room A-372, Sacramento, California 95814.
This Agreement shall not be considered effective unless signed by both parties and approved by the Department of General
Services, if required.
The provisions on the reverse side hereof constitute a part of this aqreement.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above wriften.
STATE OF CALIFORNIA CONTRACTOR (510) 646-5250
AGENCY CONTRACTOR (If other than an indh4dual,state whether corporation,partnership,etc.,)
Department Of.Food And Agriculture County of Contra Costa
BY(AUTHORIZED SIGNATURE) BY(AUTHZED SIGNATURE)
X X
PRI D NAME OF PERSON SIGNING PRINTED NAMIEf AND TITLE OF-PERSON NING
Alice L. Wright
TITLE ADDRESS 2366 A Stanwell Circle
Contract Officer Concord CA 94520-4807
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE
THIS DOCUMENT Department of General Services
$ 2,195.00 20.40.40 CA/General Use Only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR '
THS CONTRACT
ITEM CHAPTER STATUTE FISCAL YEAR
0.00 8570-001-001 303 95 95/96
TOTAL AMOUNT ENCUMBERED TO
nnTE OBJECT OF EXPENDITURE(CODE-AND TITLE)
$ 2,195.00 56907 GEN._SERV. DEPT. APPROVAL
I hereby certify upon my own personal knowledge that budgeted funds are T.B.A. NO. �13.R.NO. NpT REQUIRED PER
available for the period and purpose of the expenditure stated above. SAM 1215
SIGNATURE OF ACCOUNTING OFFICER DATE
X 907 '
® CONTRACTOR ® 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 act in 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.
°~ Agreement No.
Page �=o
. .~
M/0/BEAUD[� ^
'
Contractor or vendor agrees that the awarding department or its delegatee will have the right to review,obtain,and
copy all records pertaining toperformance ofthe contract. Contractor orvendor agrees bzprovide the awarding
department orits de|aQa$aewith any relevant information requested and shall permit the awarding department or
its de|agahee access to its premkaas, upon reasonable notice, during nmnnad 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 contractCode
Section 10115 et seq.and Title 2, California Code of Regulations, Section 1896.60 et seq. Contractor orvendor
further agrees to maintain such records for a period of three(3)years after final payment under the contract.
AK8ENDK8EN7YCANCELLAOON
This agreement may be amended upon written mutual onnoent, or canceled by either party, upon thirty days
written notice unless otherwise stated (State Administrative Manual Section 1247).
8UDGETACT
bis 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 contractshall beofnofurther 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 bo considered effective until signed by both parties and approved bythe Department of
General Services, it required (State Administrative Manual Sections 1215 and 1216).
`
INVOICE AND PAYMENTS
The Contractor shall render invoices for total monthly orquarterly charges inthe month orquarter following the-
month orquorterforwh|ohthochargessccnue. Invoices will besubmitted intriplicate. Allow uptosixty calendar
days for payment ofinvoices.
LABORCC]DBWORKER`S COMPENSATION
Contractor certified and is aware of the provisions of Section 3700 of the Labor Code which requires every
emp|oyar1obeinounadagoinstUabi|ityAorVVorkerCompenaa1ionorhoundertaheaaif-inmunancainacnon1ance
with the provisions of that Code and Contractor affirms to comply with such provisions before commencing the
performance of the=omhofthis contract.
`
SuBCOw/R*C/ovq
Contractor shall not subcontract any services under this contract without prior approval of the State's
representatives.
PROFESSIONAL WORK
All work 8obaperform hnocoondancewdhoUoczoptableStatesUandands
County, Board, Committee,.
Commission std, Clauses
Revised e/2/94
Agreement :40: 95-0138
V
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 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 Cade, 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.
�.
,— Agreement No. 95-0138
Page Four
Americans with Disabilities Act (AOA) Compliance
By signing this Agreement, Contractor assures the State that it 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 regulations and guidelines issued pursuant to the ADA.
Drua-Free Workplace Act of 1990 Certification
By signing this Agreement,'tfie Contractor or grantee hereby certifies under penalty of perjury under the laws of
the State of California that the Contractor or grantee will comply with the requirements of the Drug-Free
Workplace Act of 1990.(Government Code Section 8350 st seq.) and will provide a drug-free workplace by taking
the following actions:
(1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
prossession, or use of a controlled substance is prohibited and specifying actions to be taken against
employees for volations.
(2) Establish a Drug-Free Awamess Program to inform employees about:
(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). Every employee who works on the proposed contract will:
(a) Receive a copy of the company's drug-free workplace policy statement; and,
(b) Agree to abide by the terms of the company's statement as a condition of employment on the
contract.
county; Beard, committee,
commission Std. Clauses
Re,;isPd 6/2/94
California Department of Food and Agriculture Agreement No. 95-0136
and the
California Agricultural Commissioners Association
.STATE - COUNTY NURSERY rNSPECTI.ON PROGRAM
Commissioners will maintain the same level of program commitment and inspection as sp6cified in
this Memorandum of Understanding.
The CDFA will allocate $400,000 annually from the agricultural fund for disbursement to counties
pursuant to nursery inspection contracts. Provided, however, that should the funding available in
the nursery agricultural fund significantly change, then CACASA and the department will review
0 2
the existing standards and priorities for appropriate modification.
The CDFA and Commissioners will fulfill their respective responsibilities as,previously agreed in
the Memorandum of Understanding regarding "Nursery Inspection and Nursery Pest Control
Responsibilities" dated July 11, 1975.
STANDARDS
The counties will:
1. Inspect, at least annually, all nursery stock at all producer/wholesale locations within the
county;
2. Ensure compliance with pest cleanliness standards, as follows:
a. Permit no more than five percent (5%) of nursery stock offered for sale to
be infested with pests of economic importance and of general distribution in
California.
b. .Permit no more than one percent of nursery stock offered for sale to, be
infested with pests of limited distribution, including pests of major
economic importance which are widely, but not generally distributed in
California.
c. Permit no nursery stock to be offered for sale that is infested with a pest not
known to occur or not known to be established in California.
3. Investigate all complaints and take appropriate enforcement action regarding nursery
products sold within the county; and
4. Enforce nursery stock licensing requirements for all new nursery operations within
the county.
California County Agricultural California Department of Food
Commissioners and Sealers Association and Agriculture
%A-0— OA , — .
Gerald A. Benincasa, Past President Nfike Chris-m—an, Undersecre—tary
-Frank arl, President Isi A. Siddiqui, Director
Division of Plant Industry