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HomeMy WebLinkAboutMINUTES - 08111998 - C54-C60 TO: BOARD OF SUPERVISORS "'""' l FROM: William Walker, M.O. , Health Services Director , By: Ginger Marieiro, Contracts Administrator - `: Contra Costa DATE: July 29, 1998 County SUBJECT: Approval of Standard Agreement #28-600-1 With the California Department of Education SPECIFIC REQUEST($)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Approve and authorize the Health Services Director to execute, on behalf of the County, Standard Agreement #28-600-1 (State #7428) and to sign the Statement of Compliance and the Drug--Free Workplace Certification forms with the California Department of Education, for the period from June 18, 1998 through September 30, 1998, for the Summer Food Service Program (SFSP) . This Standard Agreement provides a maximum reimbursable amount of $6,030 for the term of the Agreement. FjSgM IMPACT: Approval, of this Agreement will result in a maximum reimbursable amount of $6,030 from the State for the term of this contract for the Summer Food Service Program. No County funds are .required. R S SRZ42 MM O BAC G OUN The State Department of Education operates summer feeding sites throughout the State of California to assist familieswho are working while their children are not in school. However, the State does not have enough staff to perform the food service safety evaluations that are needed at each site, and have traditionally relied on the County environmental health staff to provide these services. On September 9, 1997, the Board of Supervisors approved Standard Agreement #28-600 with the. California Department of Education for the period from May 23, 1997 through September 30, 1597. Three certified and sealed copies of this Board Girder should be returned to the Contracts and Grants Unit. CQNTINUE12 ON AUACHMEN-M, SIGL4ATUBE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATU- EQ: ACTION OF BOARD ON s- ' '` APPROVED AS RECOMMENDED 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. ATTESTED PHIL BATC LOR,CLERK OF-THE BOARD OF Contact Person: William Walker, M.D. (370-5010) SUPERVISORS AND COUNTY ADMINISTRATOR CC: Health Services(Contracts) Risk Management Auditor Controller BY -DEPUTY Contractor To: BOARD OF sUPER`4'ISORs Ct.ntra FROM: Arthur C. Miner, Executive Director Contra Costa County Private Industry Council ; { yJt J Cour DATE: July 23, 1998 rr SUBJECT: Increase EDD—LMI Contract Payment Limit SPECIFIC REOUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: Authorize the Executive Director, Contra Costa County Privates Industry Council, to execute on behalf of the County a grant amendment with the State of California Employment Development Department to increase the payment limit from $59,884.00 to $60,884. IL FINANCIAL IMPACT: None,one hundred percent State and federal grant funds. III. CHILDREN IMPACT STATEMENT: N/A IV. REASONS FOR RECOMMENDATION: This amendment is to fund the additional printing cost necessary to publish two additional years of surveyed occupational data in the next Labor Market Information outlook report for Contra Costa County. CONTINUED ON ATTACHMENT: YES RECOMNMENOATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE$ ACTION OF BOARD ON y APPROVED AS RECOMM€NDED tIT-mef1""' 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 ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED � ���� � �i° Contact: Tracy Brown(646-5023) PHIL BATC LOR,CLERK OF THE BOARD OF cc: Private Industry Council SUPERVISORS AND COUNTY ADMINISTRATOR County Administrator County Auditor-Controller Contractor BY DEPUTY y:\picoffice\diskette\bdorders\EDD-LMI Increase TO: Board of Supervisors CONTRA FROM: Victor J. Westman, County Counsel nwA COSTA DATE: August 11, 1998 COUNTY SUBJECT: Contract for County Counsel Services, Contra Costa County Superintendent of Schools and Board of Education, FY 1998-99 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): Approve contract for the provision of attorney services by County Counsel to the Contra Costa County Superintendent of Schools and Board of Education for one year and authorize Chair of the Board of Supervisors to execute contract. FISCAL IMPACT For one year legal services to be provided, County Counsel will receive compensatory per hour revenue payments. BACKGROUND/REASON(S)FOR RECOMMENDATION((): Said contract will enable County Counsel to continue to provide legal services at reasonable rates to the Contra Costa County Superintendent of Schools and Board of Education and to receive compensation therefore. The Contra Costa County Superintendent of Schools and Board of Education have approved and executed said contract. County Counsel has provided legal services to these parties in past years. CONTINUED ON ATTACHMENT: XX YES SIGNATURE: + w ,Nw r,,,.r...�. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURF,(S): ACTION OF BOARD ON / ,sAPPROVED AS RECOMMENDED �E3I VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN UNANIMOUS (ABSENT } ACTION TAKEN AND ENTERED ON AYES: NOES: THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN. ATTESTED: -114, ,� PHIL BATCHELOK CLERK 6F THE BOARD OF SUPERVISORS Contact: County Counsel 335-1821 AND COUNTY ADMINISTRATOR cc: County Administrator Clerk, Board of Supervisors CCC Superintendent of Schools BY DEPUTY Auditor H:\FBENT\MAM\schcon98 i CONTRACT FOR EMPLOYMENT: LEGAL SERVICE Fiscal Year 1998.99, County Schools 1. PARTIES. This Agreement is entered into by and between the COUNTY OF CONTRA COSTA, a general law county (hereinafter referred to as "COUNTY") and the CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS and CONTRA COSTA COUNTY BOARD OF EDUCATION (hereinafter both referred to as "COUNTY SCHOOLS"). 2. TERM. The term of this Agreement shall be from July 1, 1998, through June 39, 1999, unless renewed before then or terminated pursuant to Section 7. 3. COU T S OBLIQATION. A. In consideration of County Schools' promise to pay the amounts stated herein, County, through its County Counsel, shall provide oral and written legal advice to County Schools and represent County Schools in all administrative proceedings and litigation except: 1) Suits involving personal injury and property damage. 2) Matters involving labor negotiations. 3) Matters involving student's claims regarding provision of special education services. B. Matters pertaining to unfair practice charges arising under the Educational Employment Relations Act (Gov. Cade §§ 3540 et seq.) may be handled, but County Schools will first consult with and obtain County Counsel's concurrence for representation and handling of any such matters as they may arise. C. County Counsel shall be truthful with County Schools,'cooperate with it, keep it informed of developments, perform the obligations required by this Agreement, and immediately notify County Schools of any discovered actual or apparent conflicts for representation decisions. 4. COUNTY SC8QO 15' OCL TA IQN_. A. Compo tic-n. In consideration of the County's provision of these legal services during the term of this Agreement, the District shall pay the 1 County as follows: 1} For Legal Services: a. Deputy Mary Ann Mason $96/hr b. Deputy Kevin T. Kerr $99/hr C. Deputy David F. Schmidt $99/hr d. Legal Services Clerk $36/hr e. Any other Deputy County Counsels utilized at the same hourly rate charged county departments, but in no event to exceed $92/hr. f. Assistant County Counsels $104/hr 2) For reasonable costs, as follows. a. Automobile mileage at $.31 per mile. b. Reporter's fees, witness fees, any extraordinary postage and long distance telephone charges, and all filing fees and court expenses as incurred to perform the services described in Section 3. B. Ob-ligations. In connection with any legal work assigned to County Counsel, County Schools shall take reasonable steps to respond to County Counsel's inquiries thereon and pay the County's bills as provided in Section 5. 5. BILLING AND PAYMENT. The County shall submit itemized billings to the County Schools at least quarterly. County Schools shall pay the billings within 45 days of receipt. 6. BM ' OSE STATUS. In performing legal services for the County Schools, the County Counsel and his staff shall be regarded as employees of County Schools for the purposes of the Tort Claims Act (Gov.Code § 810 et seq.; specifically, § 820 et seq. and § 825 et seq.). 7. TERMINATION. This agreement may be terminated at any time by either party, at its sole discretion, upon 30 days' advance written notice to County 2 Schools by the County or upon 5 days' advance written notice 'to the County by County Schools. 8. QNGQING L DGATION. if this Agreement is not renewed or otherwise terminated during its term and County Counsel is representing County Schools in ongoing litigation, County Counsel shall cooperate with the attorneys chosen by County Schools to enable them to assume control of such litigation on behalf of County Schools. Dated: ; , ' 1998 COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY w SUPERINTENDENT HOO Cha(tman Coun, , Board of jJe Ed.Supervisors endent ATTEST: PHIL BATCHELOR CONTRA COSTA COUNTY BOARD OF EDUCATION By: By. Deputy resident, Contra Costa Board of Education APPROVED AS TO FORM: '00 eje4 ;••+ .••0 Victor J. - - ettman County Counsel VJW:df HA0F0T1 WEM0SkVJW\SCW*.s,WPD 3 ....... . ..... _.. A VICTOR J.WESTMAN DEPUTIES: COUNTY COUNSEL CONTRA COSTA COUNTY PHILIP S.ALTHOFF OFFICE OF THE COUNTY COUNSEL SHAIRONL.NDERSON ARTHUR W.WALENTA,JR. ANDREAW.CASSIDY COUNTY ADMINISTRATION BUILDING VICKIE L.DAWES ASSISTANT COUNTY COUNSEL 651 PINE STREET,9th FLOOR MICHAEL'D.FARR MARTINEZ, CALIFORNIA 94553-1229 LILLIAN T.FUJII SILVANO B.MARCHESI DENNIS 0.GRAVES ASSISTANT COUNTY COUNSEL GREGORY C:HARVEY JANET L.HOLMES GAYLE MUGGL! KEVIN T.KERR BERNARD L.KNAPP OFFICE MANAGER EDWARD V.LANE,JR. MARY ANN MASON A.MURIZ PHONE(525)335-1800 August 19, 1998 PPHILIIP J.NCRGAARD FAX(525)646-1078 VALERIE J.RANCHE DAVID E SCHMIDT DIANA J.SILVER BARBARA N.SUTLIFFE JACOUEUNEY.WOODS Joseph A. Ovick, Ed.D., Contra Costa County Superintendent of Schools 77 Santa Barbara Road Pleasant Hill, CA 94523 Re: 1997-98 County Counsel Services Contract Dear Dr. Ovick: Enclosed you will find a fully executed copy of the 1998-99 contract for provision of legal services by County Counsel to the Contra Costa County Superintendent of Schools and County Board.of Education. Very truly yours, Victor J. Westman County Counsel BytM Ann McNett Mason Deputy County Counsel MAM:fjb Encl. h:\fbent\rnam\contract Contract for Employment; Legal Service Fiscal Year 1998-99, County Schools 1. PAg.TiEss. This Agreement is entered into by and between the COUNTY OF CONTRA COSTA, a general taw county (hereinafter referred to as "COUNTY") and the CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS and CONTRA COSTA COUNTY BOARD OF EDUCATION (hereinafter both referred to as "COUNTY SCHOOLS"). 2. TERM. The term of this Agreement shall be from July 1, 1998, through June 30, 1999, unless renewed before then or terminated pursuant to Section 7. 3. COUNTY'S OBLIGATION. A. In consideration of County Schools' promise to pay the amounts stated herein, County, through its County Counsel, shall provide oral and written legal advice to County Schools and represent County Schools in all administrative proceedings and litigation except: 1) Suits involving personal injury and property damage. 2) Matters involving labor negotiations. 3) Matters involving student's claims regarding provision of special education services. B. Matters pertaining to unfair practice charges arising under the Educational Employment Relations Act (Gov. Code §§ 3540 et seq.) may be handled, but County Schools will first consult with and obtain County Counsel's concurrence for representation and handling of any such matters as they may arise. C. County Counsel shall be truthful with County Schools, cooperate with it, keep it informed of developments, perform the obligations required by this Agreement, and immediately notify County Schools of any discovered actual or apparent conflicts for representation decisions. 4. COUNTY SCHOOLS'OBLIGAJION. A. Compensation. In consideration of the County's provision of these legal services during the term of this Agreement, the District shall pay the County as follows: 1) For Legal Services: a. Deputy Mary Ann Mason $96/hr b. Deputy Kevin T. Kerr $99/hr C. Deputy David F. Schmidt $99/hr d. Legal Services Clerk $36/hr e. Any other Deputy County Counsels utilized'at the same hourly rate charged county departments, but in no event to exceed $92/hr. f. Assistant County Counsels $104/hr. ) For reasonable costs, as follows: a. Automobile mileage at $.31 per mile. b. Reporter's fees, witness fees, any extraordinary postage and long distance telephone charges, and all filing fees and court expenses as incurred to perform the services described in Section 3. B. Qbliaatr ions. In connection with any legal work assigned to County Counsel, County Schools shall take reasonable steps to respond to County Counsel's inquiries thereon and pay the County's bills as provided in Section 5. 5. BILLAND P► vim. The County shall submit itemized billings to the County Schools at least quarterly. County Schools shall pay the billings within 45 days of receipt. 6. EMPLOYEE STATUS. In performing legal services for the County Schools, the County Counsel and his staff shall be regarded as employees of County Schools for the purposes of the Tort Claims Act (Gov. Code § 810 et seq.; specifically, § 820 et seq. and § 825 et seq.). 7. TERMINATION. This agreement may be terminated at any time by either party, at its sole discretion, upon 30 days' advance written notice to County Schools by the County or upon 5 days' advance written notice to the County by County Schools. 2 TO: Board of Supervisors CONT RA FROM: Victor J. Westman,County Counsel ' , COSTA COMP DATE: August 11, 1998 SUBJECT: Contract for County Counsel Services, Contra Costa County Superintendent of Schools and Board of Education, FY 1998-99 SPECIFIC REQtTST(S)OR RECOMMENDATION(S)&c BACKGROUND AND JUST€FICATIOII RECt"1t1atM11Ztl ON( Approve contract for the provision of attorney services by County Counsel to the Contra Costa County Superintendent of Schools and.Board of Education for one year and authorize Chair of the Board of Supervisors to execute contract. .t FISCAL DMACI For one year legal services to be provided,County Counsel will receive compensatory per hour revenue payments. Said contract will enable County Counsel to continue to provide legal services at reasonable rates to the Contra Costa County Superintendent of Schools and Board of Education and to receive compensation therefore. The Contra Costa County Superintendent of Schools and Board of Education have approved and executed said contract. County Counsel has provided legal services to these parties in past years. CONTINUED ON ATTACHMENT: XX YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON 611, ,"APPROVED AS RECOMMENDED 0TH1R VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN vle UNANIMOUS (ABSENT } ACTION TAKEN AND ENTERED ON AYES: NOES: THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN. ATTESTED: A'. PHIL BAT"''Cl,L #CL�ERF THE l Of fJI2"Str,^'+rr�✓I-;r:� Contact: County Counsel 335-1821 AN-rj COUNTY ADMMINISTRATOh. cc: County Administrator Clerk, Board of Supervisors CCC Superintendent of Schools BY DEPUTY Auditor H:1FBEN'f\ tAM\schcon98 8. ONGOING LITIGATION. If this Agreement is not renewed or otherwise terminated during its term and County Counsel is representing County Schools in ongoing litigation, County Counsel shall cooperate with the attorneys chosen by County Schools to enable them to assume control of such litigation on behalf of County Schools. Dated: 199$ COUNTY OF CONTRA COSTA CONTRA COSTA COUNTY SUPERINTENDENT OF SCHOOLS Chairmen, County � bard of Jas ph A. vick, Ed.D Supervisors C� my Superintendent ATTEST: PHIL BATCHELOR CONTRA COSTA COUNTY BOARD OF EDUCATION 4 x r t By eputy President, Contra Costa Board of Education APPROVED AS TO FORM: VICTOR J. TMAN County Counsel VJW:fjb hAfbent\mamischcon98 3 d,51 TO: BOARD OF SUPERVISORS Contra FROM: WARREN E. RUPF Sheriff - Costa HATE: July 21, 1998 County SUBJECT: Agreement with the State of California to Reimburse the Sheriff for Security at the 1998 Contra Costa Fair SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION: Authorize the Sheriff or designee to execute, on behalf of the County, a contract in the amount of$24,440 with the 23r" Agricultural District of the State of California to provide security at the 1998 Contra Costa Fair. II. FINANCIAL IMPACT: None. All expenditures will be reimbursed by the State of California. Ill. REASONS FOR RECOMMENDATION: The Sheriff has provided security services for the Contra Costa Fair for the past fourteen (14) years at no cost to the County. The 23`d Agricultural District of the State of California is again requesting the service. The contract will provide for reimbursement to the Sheriff for up to one thousand one hundred and sixteen hours of security service. This contract is authorized pursuant to Government Code 26228 (a). IV. CONSEQUENCES OF NEGATIVE ACTION: Negative action will leave the Contra Costa Fair without security service. This is also the only paid detail for our volunteer unit, a unit that last ear donated in excess of 35,000 hours of volunteer services. CONTINUED ON ATTACHMENT: YES SIGNATURE: syn RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Jv APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON eZ �'y,Q�' APPROVED AS RECOMMENDED 1/�Ctl tom' VOTE OF SUPERVISORS r ' I HEREBY CERTIFY THAT THIS IS A TRUE l� UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN ABSENT: ABSTAIN: ATTESTED CC: PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (IMS) BY e c y/7 - ✓' .E r.+ DEPUTY TO: BOARD OF SUPERVISORS Contra/1 FROM: Edward P. Meyer, Agricultural CommissionerCosta Director of Weights & Measures Z s DATE: �'r�,ry„, -'c County July 27, 1998 A rois SUBJECT: State Pest Detection Contract for Fiscal Year 1998-99 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECObMNDATION Authorize Chairman, Board of Supervisors, to sign a contract with the California Department of Food and Agriculture. Contract No. 98-0030 proposes to reimburse the County $385, 369 for providing pest detection services. The contract is effectiveJuly 1, 1998 through June 30, 1999. BACKGROUND The County Department of Agriculture deploys traps ',countywide to detect incipient infestations of exotic pests such as' Medfly, Gypsy Moth, Japanese Beetle, etc. The State reimburses the County for all costs that exceed our historic level of trapping. CONTINUED ON ATTACHMENT: KJ SIGNATURE: � ! r RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _ APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON `1� t.! APPROVED AS RECOMMENDED EWER VOTE OF SUPERVISORS j I HEREBY CERTIFY THAT THIS IS A TRUE 1L 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. ATTESTED �C' y�'rCOf1tCf: PHILBATCLERK O�Hl ARD OF CC: SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY ^TATE OF GALtsaORNfA APPI OVED BY THE CONTRACT NUMBER aM.Nfl. STANDARD AGREEMENT - ATTORNEYOENERAL 98-0030 %T0.2(REV.6.91) TAXPAYER'S FEDERAL EMPLOYER IDEN IPtCATION NUMBER THIS AGRLSMENT,made and entered Into this 2M day of June 19 8 ! in the State of(Wforr da,by and between State of California,through its duly elected or appointed,qualified and acting TfTLE�..-OFFICER ACTING FOR STATE AGENCY Secretary Department Of Food And Agriculture , hereafter called the Mate,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 agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,dme for performance or completion,and attach plans and specifications,ffany.) Contractor to place and service traps in accordance with the obligations and specifications set forth in Exhibit'A'and provide all equipment, personnel, and materials(except traps, trap parts, and lures), necessary to place and service the number of traps designated in the attached Exhibit'C' and by these references made a part hereof. This Agreement is effective July 1, 1998 through June 30, 1999. This Agreement must be signed and returned within 45 days after receipt by the Contractor. Total amount payable under this Agreement shall not exceed$385,369.00 as identified in the attached Exhibit 'B' and by this reference made a part hereof. The Contractor shall be reimbursed monthly, in arrears, upon receipt and approval of a Pest Detection Report 1 (66-035), and an itemized invoice, in triplicate, referencing Contract No. 98-0030 and sent to: Department of Food and Agriculture, Pest Detection/Emergency Project Branch, Attention: George Loughner, 1220 N Street, Suite A-330, 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 agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR {51o)646-525o AGENCY CONTRACTOR (NoN�erthananindlvdual,state�rtiethereroratbn,parinanhip,etc.,) Department Of Food And Agriculture County of Contra Costa BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) PRIN OF PERSON GNIN PRINTED NAME ANiq TIT OF PERS \i SIGNING Alice L.Wright Jim R ` ors Cher Beard of Supervisors TITLE ADDRESS 2366-A Stanwell Circle Contract Officer Concord CA 94520-5666 AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE THIS DOCUMENT , Department of General Services 80.20.02 -$141,0961 A/General 385,369.00 ; Use Only (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR 20.25.81 - $244.,273 THIS CONTRACT fTEM85]0-601-.01],1 CHAPTER STATUTE FIscALYEAR 0.00 8570-101-0001 �1- 98 98/99 TOTAL AMOUNT ENCUMBERED TO DATE OBJECT OF EXPENDITURE(CODE AND TITL ) AQC�rtltent i11�7t OY9f�i}}I 385,369.00 70207 Dept.of iviemraf Services ihereby car*upon myown personal knowfedgethat budgeted funds are T.B.A. NO, B.R.NO. � Df of LegalSmiGeS available for the period and purpose of the expenditure stated above. ' SIGNAT E OF ACCOUN NG OFFICER DATE - 1zC NTRACTOR ❑ STATE AGENCY ® DEPT.OF GEN.SER. CONTROLLER 1 1 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, material men, 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 parties 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. 110 Sall ............ - .......................................................................................................................................................................................................................................................................................................................... Standard Agreement No. 98-0430 RESOLUTIONS Page Two A copy of a resolution, order, motion, or ordinance of the local governing body by law having authority to enter into the proposed contract authorizing execution of agreements must be included when contracting parties are county, city, district, board or commissions. AMERICANS WITH DISABILITIES ACT(ADA)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. DRUG-FREE WORKPLACE ACT OF 1990 CERTIFICATION By signing this agreement,the 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 et.seq.)and will provide a drug-free workplace by taking the following actions: (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. (2) Establish a Drug-Free Awareness 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. DISPUTES Any dispute under the terms of this Agreement which is not disposed of within a reasonable period of time not to exceed ten days by the Contractor and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer,or designated representative,of each organization who shall use their best efforts to jointly resolve the dispute. 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 t 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. Public Entity Clauses Revised 8112107 ................. .... ......... Standard Agreement No. 98-OOaO NONDISCRIMINATION CLAUSE(UCP-1) Page Three During the performance of this Agreement, 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-#), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement 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 agreements. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. AUDIT 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. AMENDMENTICANCELLATION This agreement may be amended upon written mutual consent, or canceled by either party, upon thirty days written notice unless otherwise stated. In the event the State cancels this agreement due to Contractor's Breach of Contract, the State shall have the authority to terminate this agreement immediately upon giving notice to the Contractor. PERSONAL SERVICES This Agreement has complied with the Standards set forth in Government Code Section 19130(b), Public Contract Code Section 10337. BUDGET ACT It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement 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 Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement. INVOICES AND PAYMENTS The Contractor shall render invoices in arrears, in triplicate, for charges in accordance with the payment provisions of the Standard Agreement. Payment shail he made in accordance with the State Prompt Payment Act. Public Entity Clauses Revised 8/12/97 ............................................................................................................................................................................................................................................................................................................................ -,.Standard Agreement No. 98-0030 LABOR CODEfWORKER'S COMPENSATION p'ag'e Fbur 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 previsions before commencing the performance of the work of this Agreement. SUBCONTRACTING Contractor shall not subcontract any services under this Agreement without prior approval of the State's representatives. PROFESSIONAL WORK All work is to be performed in accordance with all acceptable State standards. TRAVEL AND PER.DIEM Travel and subsistence payments shall be paid as needed to execute the work. As such, travel and subsistence payments are defined in the applicable bargaining agreements filed in a accordance with DPA Rules and Regulations. Page 1 of 3 Exhibit A . County of Contra Costa Agreement No. 98-0030 EXHIBIT A CONTRACT SPECIFICATIONS FOR STATE-COUNTY INSECT PEST DETECTION TRAPPING AGENCY RESPONSIBILITY Section 1 The California Department of Food and Agriculture shall: A. Provide all traps, trap parts, and lures. B. Provide technical assistance and training to county agricultural personnel on the use of traps and detection procedures. C. Assist with and review the county's trapping programs annually for the purpose of establishing and signing form 60-221 (FY-Commitment Form)which will become Exhibit C of this agreement. D. Provide county trappers with copies of the CDFA Insect Trapping Guide. E. Provide an annual training program specifically for trapping supervisors in which all counties shall participate. F. Pick up Dibrom treated wicks according to CA-EPA guidelines. Section 2 The County Agricultural Commissioner shall: A. Place and service the minimum number of each trap type specified in Exhibit C. Trap densities, trapping periods and servicing schedules shall conform with those specified in the CDFA Insect Trapping Guide under"Definitions"for individual county situations. Ensure that all trapping procedures and protocols adhere to those outlined in the Insect Trapping Guide. A copy of the Insect Trapping Guide shall be kept in the trapper's vehicle for reference. B. Ensure that all traps (except McPhails) are numbered and dated at each servicing, indicating when rebaited. Trapping activities, including seasonal hiring and training (see trapping activities defined under"Definitions" in the Insect Trapping Guide)will start on the dates shown below. Traps will be removed on their final servicing',prior to the end of the season, but not later than the dates shown below. C. Ensure that Medfly and McPhail traps on the same property in the SOUTH SAN FRANCISCO BAY AREA are serviced every seven days; July 1, 1996, to November 30, 1996, and March 1, 1999, to June 30, 1999. Medfly traps not located on McPhail properties will be serviced every 14 days; July 1, 1998, to November 30, 1998, and March 1, 1999, to June 30, 1999. Page 2 of 3 Exhibit A. County of Contra Costa Agreement No. 98-0030 Ensure that Medfly traps IN OTHER URBAN AREAS are serviced every 14 days; July 1, 1998, to October 31, 1998, and April 1, 1999, to June 30, 1999. McPhail traps IN OTHER URBAN AREAS will be serviced every seven days; July 1, 1998, to October 31, 1998, and April 1, 1999, to June 30, 1999, Medfly traps in rural areas are to be serviced once each month and relocated at that time. D. Ensure that Oriental fruit fly traps in the SOUTH SAN FRANCISCO BAY AREA are serviced every 14 days; July 1, 1998, to November 30, 1998, and March 1, 1999, to June 30, 1999. E. Ensure that Oriental fruit fly traps IN OTHER URBAN AREAS are serviced every 14 days; July 1, 1998, to October 31, 1998, and April 1, 1999, to June 30, 1999. F. Ensure that melon fly traps are serviced every 14 days; July 1, 1998, to October 31, 1998, and June 1, 1999, to June 30, 1999. G. Ensure that gypsy moth and Japanese beetle traps are serviced every 14 days; July 1, 1998, to August 30, 1998, and June 1, 1999, to June 30, 1999, or as determined by the CDFA District Entomologist. Gypsy moth traps located in remote areas may be placed in the spring and recovered in the fall with no interim servicing. H. Send trapping personnel to training provided by state detection entomologists. 1. Make a monthly report to the State on Form 66-035 (Rev.6194) (Pest Detection Report Number 1) of all traps deployed and serviced during the month. Report all traps added or removed, and the total number of servicings during the month. Do not count trap relocation as "removed" and then "added". A servicing is an inspection of the trap for the presence of the target past. THIS REPORT MUST BE SUBMITTED WITH THE MONTHLY INVOICE FOR THE SAME TIME PERIOD, J. Provide one set of trapping records for all traps. This set, in the form of a "trapbook", will indicate the exact trap location using a site map and all information regarding servicing, baiting, and relocation of traps. K. Maintain county wall maps gridded into numbered square miles, depicting density of all traps deployed. L. Allow state detection personnel and/or federal PPQ officers to perform quality control inspections on all county trap lines including any specified county commitment trap lines. K Allow state detection entomologists and/or federal PPQ officers to accompany trappers and/or supervisors in the field. This will be credited as field training for county personnel. N. Maintain an inventory of all known fruit fly host sites. The inventory shall be organized by square mile, contain the address of host property traceable to the nearest cross street, and indicate known hosts on that property. The inventory shall be updated yearly. The multiple trap card system will suffice for this inventory. Page 3 of 3 Exhibit A- County of Contra Costa Agreement No. 96-0030 O. Maintain on a daily basis a Form 60-210 (Daily Trapping Summary) for each trapper. This form will be available to the District Entomologist for review for an 18 month period. P. Submit a completed Form 60-223 (Trapping HoursNear Worksheet) Tong with the budget display for each fiscal year trapping program. Form 60-223 will be prepared by using the Standard Trap Servicings per season form. Q. Those counties generating Dibrom treated wicks (Oriental fruit fly and Melon fruit fly detection traps) will possess a CAI number issued by the California Environmental Protection Agency. Department of Agriculture ��rfird Beyer � � ��n t ra Apricutwrai Commissioner Costa 01rW or o!W"ham WW Measures 2366 A Stanwell circle Concord,California 94520-4807 County ` (510)646-6260 C o u n L+ y FAX(51 p)646-5732 Bmnch Ortiz 724-3rd Sheet Ekentwood,California 94.513.1380 1 (510)834 ?5 FAX(510)834-2241 EXHIBIT B COUNTY OF CONTRA COSTA AGREEMENT NO 9$-0030 PEST DETECTION TRAPPING BUDGET FY 1998/95 A. PERSONNEL 1 Salaries $251,474 2 Staff Benefits& Overhead $105,657 TOTAL $357,131 B. SUPPLIES $0 C. VEHICLE OPERATION $28,238 TOTAL CONTRACT AMOUNT $385,369 GD h:bcrui\excelltempibudgetWet9699D.XLS EXHIBIT C 1998/99 COUNTY OF Contra Costa AGREEMENT NO. 98-0030 COUNTY COMMITMENT CONTRACTED TOTAL TRAP TRAPS TRAPS TRAPS MEDFLY 30 1,130 1,160 MC PHAIL 0 825 825 ORIENTAL FF 0 555 555 MELON FF 0 260 260 GYPSY MOTH 200 766 966 JAPANESE BEETLE 182 243 425 trap totals 412 3,779 4,191 Am TO: BOARD OF SUPERVISORS FROM: TONY COL6N, DIRECTOR COMMUNITY SERVICES DEPARTMENT DATE: August 11, 1998 SUBJECT: AUTHORIZATION TO EXECUTE PRESCHOOL CONTRACTS WITH THE CONTRA COSTA COMMUNITY COLLEGE DISTRICT. SPECIFIC RBQUF.ST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or designee to execute Interagency Agreement #39-811-8 with the Contra Costa Community College District in the amount of $791,994 for expanded state preschool program services for the period from July 1, 1998 through June 30, 1999; and, APPROVE and AUTHORIZE the Community Services Director or designee to execute Interagency Agreement #39-850-2 with the Contra Costa Community College District in the amount of $132,757 for full-day expanded state preschool program services for the period from July 1, 1998 through June 30, 1999. II. FINANCIAL IMPACT: No County funding is required. The Contra Costa Community College District receives its funding for these services from the California Department of Education. III. CHILDREN'S IMPACT STATEMENT: The Community Services Department Head Start Program supports two of Contra Costa County's community outcomes: "Children Ready for and Succeeding in School and "Families that are Safe, Stable and Nurturing." These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health to low-income children throughout Contra Costa County. CONTINUED ON ATTACIMIEVT:_Z_YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -APPROVE -OTHER SIGNATURPtS): - ACTION OF BOARD ONG7d APPROVED AS RECOMMENDED 9SR�Rf_ VOTE OF SUPERVISORS I HEREBY CERFITY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MIIQUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. CONTACT: TONY COT,6N,313-7350 ATTESTED PHIL BA LOR,CKO'TRE BOARD OF CC: CAO SUPERVISORS AND COUNTY ADMU41STRATOR CSD BY DEPUTY M382 (30m) Wage 2 CCCCD August 11, 1998 IV. REASONS FOR RECOMMENDATIONS/BACKGROUND. On April 21, 1998 the Board approved a funding agreement with the Contra Costa Community College District (College District) for expanded state preschool services. At that time, the State Department of Education had authorized partial year funding through June 30, 1998 for a full-day preschool program. Annualized funding for this program became effective July 1, 1998. The full- day program is dual funded with new expansion funds and dollars previously used for regular State Preschool services. Approval of these contracts will allow the County to provide quality child care to low-income children on a full-day basis. TO: BOARD OF SUPERVISORS FROM: TONY COLON, DIRECTOR. COMMUNITY SERVICES DEPARTMENT DATE: August 11, 1998 SUBJECT: AUTHORIZATION TO EXECUTE CONTRACT AMENDMENT WITH THE CALIFORNIA DEPARTMENT OF EDUCATION. SPECIFIC REQUEST(S)Olt RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Community Services Director or designee to execute one-time-only reimbursable funding contract #GRPM-5305 Amendment No. 1 with the California Department of Education for the period from May 1, 1997 through June 30, 1998. Il. FINANCIAL IMPACT: No County funding is required. This contract amendment adds language only. The contract maximum reimbursable amount of$23,000 is not affected. ITL REASONS FOR RECOMMENDATIONS/BACKGROUND: On June 3, 1997, the Board approved contract #39-845 with the California Department of Education for ane-time-only renovation and repair of the Child Development Division's Lake Children's Center. Funds are to be used to maintain compliance with health and safety requirements established by State licensing regulations and local health and fire department codes, and to address the Americans with Disabilities Act (ADA) of 1990. Funding may also be used by these facilities to purchase equipment necessary for health and safety purposes. The repair/renovation approved by the original contract permitted the County to paint the facility. The required painting did not utilize the entire $23,000 of the contract. This contract amendment allows the County to use the remaining dollars for the purchase of a new electrical junction box and any appropriate rewiring of the site. CONTINUED ON ATTACHMENT: SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER ACTION OF BOARD ON aleAPPROVED AS RECOMMENDED VOTE OF SUPERVISORS I HEREBY CERFITY THAT THIS IS A TRUE UNANIMOUS(ABSENT_ ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE M94UTES OF THE BOARD ABSENT: ABSTAINS OF SUPERVISORS ON THE DATE SHOWN. CONTACT: TONY COLbN.313-7350 ATTESTED �&WCHE WR,CLERK iaFTft OFTBOARD OF cc: CAO SUPERVISORS AND COUNTY ADMINISTRATOR CSD DEPU M382 (10/88)