HomeMy WebLinkAboutMINUTES - 10181994 - 1.46 TO: BOARD OF SUPERVISORS ..........
o� Contra
FROM: John H. deFremery, Agricultural Commissio er
Director weights & Measures � _ Is Costa
DATE: September 2 8, 19 9 4 ..= ounty
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SUBJECT: State Nursery Regulatory 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 which proposes -to
reimburse the County $2,640 for work activities relating to Enforcement
of Nursery regulations . The contract is effective July 1, 1994 through
June 30, 1995 .
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 ONOCT APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT J� 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: Department of Agriculture ATTESTED OCT 189947
Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD OF
CAO - Justice System Programs SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Ed Meyer 646-5250 ( ^ D
M382 (16/88) BY ""a �-��1-� DEPUTY
APPROVED BY THE CONTRACT NUMBER' AM.NO.
STAN AR AGREEMENT ATTORNEY GENERAL 94-0278
STD.2C'1.Z1/.5-91)
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMSE
THIS AGREEMENT,made and entered into this 1 7th day of June _ 1994 94-6000509
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 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 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 agrees to perform inspections of nursery stock at all county producer locations and
at county retail nursery locations in accordance with the attached Memorandum of Understanding
identified as Exhibit A and by this reference made a part hereof.
This Agreement shall be effective July 1, 1994 throughJune 30, 1995. The total value of this
Agreement isi,�$ 4,710.00 Of this amount, $ 21070.00 will be paid from the unclaimed
gasoline tax distribution, which is distributed during the third quarter of, the fiscal year,
and $ 2,640.00 by the Department.
Contractor shall be reimbursed the Department's portion by submitting an itemized invoice for
inspection and enforcement activities rendered, quarterly in arrears, in, triplicate, and
reference Agreement No. 94-0278 sent to: Department of Food and Agriculture, Pest Exclusion
Branch, 1220 N Street, Sacramento, CA 95814. The invoice fo'rmat shall conform to the
specifications of Exhibit A.
This Agreement shall not be considered effective unless signed by both parties and approved
by the Department of General Services, if required.
Sign evie e
CONTINUED ON _ SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
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
TRACTOR anan'dAoidua
DPp;;rt-mPn cor Count of C a Cost&,--------,
AGENCY 4 state whether a cotporation.partnership,sic.)
t nf Food and Aaric!u ture
By(AUTHOR FZr&D,5jGNAjURE) BY kuTHoRjzE iGNATWd)
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PRINTED 9X06-OF PERSON St PRINTED N AN TITLE OF PERSON SIGNING
Alice L. Wright
TITLE ADDRESS
Contract Officer
AMOUNT ENCUMBERED BY THIS PROGRAWCATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
DOCUMENT 20,40.40 CA General Use Only
$ 2,640.00 (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT ITEM STATUTE I FISCAL YEAR
$ 0
94/95
TOTAL AMOUNT ENCUMBERED TO 8570-001-00,
DATE OBJECT OF EXPENDITURE(CODE AND TITLE) GEN. SERV DEPT. APPROVAL
$ 2,640.00 - s6907 NOT REQUIRED PER
I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO.
are available for the period and purpose of the expenditure stated above. SAM 1215
SIGNATURE OF ACCOUNTING OFFIC R DATE
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CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. CONTROLLER
STANDARD AGREEMENT
STC.2 (Fc:. 5-91) 'REVERSE)
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 the 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.
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
< _ otherw•ise:expressly so provided.
91 61014
Agreement NO. 94-0278
' Page Two
M/WBE 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. 94- 0278
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 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.
Exhibit 'A'
Agreement No. 94-0278,
r - COUNTY Contra Costa
MEMORANDUM OF UNDERSTANDING
Contractor will 1) inspect, at least once during the 12 month term of the
agreement, 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 a pest 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.
Contractor agrees to perform all the foregoing in conformance with all pertinent
laws, regulations, and inspection procedures in effect at the time this agreement
is duly executed. The laws and regulations are those which pertain to nursery
stock and which are contained in Division 4 and 18 of the Food and Agricultural
Code and Title 3 of the California Code of Regulations. The inspection
procedures are those contained in the Nursery Inspection Procedures Manual. By
these references, all are made a part of the agreement.
Contractor agrees to furnish all equipment, supplies, and labor necessary to
perform the prescribed work.
To determine compliance with all of the foregoing requirements, the State may 1)
audit county nursery inspection records, including time sheets and vehicle
mileage, during normal business hours and 2) perform unannounced spot inspections
of nursery stock at producer/wholesale locations within the county. Failure to
comply with the terms of this agreement may result in 1) termination of this
agreement on 30-day written notice; and 2) withholding of payment consistent with
the lack of, or the ineffectiveness of the work performed; and 3) State
Department of Food and Agriculture performance of the work specified, for the
remainder of the contract period and future years.
This agreement shall be effective commencing July 1, 1994 through June 30, 1995.
This agreement must be signed and returned within 45 calendar days after the
post-marked date of mailing to the Contractor. If not signed and returned, the
State may perform the nursery inspection work in the county in future years.
Contractor shall be paid quarterly in arrears for acreage inspected during the
previous quarter on a $12.30 per acre basis for all acreage (in the county and
of record with the State at the time of preparation of this contract) that is
being used to produce nursery stock that is salable. For the purpose of this
agreement "all nursery stock" , "nursery stock offered for sale and "salable"
means all nursery stock on hand that could be sold, or all that nursery stock
which is being grown for harvest and sale during the current grpwing season.
Specifically not included is `'nursery stock in the first year of a two-year -
production cycle, plant materials in parent sock or propagative stock beds or
blocks that are not to be inspected, and nursery stock entered in one of the
state's registration or certification programs and inspected by the state staff.
The state inspection of the latter will be performed in a manner that meets both
registration and certification program requirements and nursery stock pest
cleanliness standards. The total amount payable under this agreement for
inspection and related activities shall not exceed $4,710.00 For inspection
of 214 saleable acres of nursery stock. This amount is payable from
state funding sources as follows:
Unclaimed gasoline tax funds: $ 2,070,00
Agriculture Fund $ 9,r,an_go
In addition to the foregoing amounts, the Contractor may be paid $50.00 for each
new license issued by the State as a result of contractor's enforcement of
nursery licensing requirements.
Quarterly payments will be based on itemized statements certified to be true and
accurate, showing the name, ownership, address and number of producer/wholesale
locations and the corresponding salable acreage; together with a list of the new
licenses obtained: JMW