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HomeMy WebLinkAboutMINUTES - 10211997 - C35 C TO:.. v BOARD OF SUPERVISORS Contra rs FROM: Edward P. Meyer, Agricultural Commissioner - �; �� �. Costa Director of Weights & MeasuresVCCoun;a �/ v 40 `� DATE: cos q couK�`4� October 1, 1997 SUBJECT: State Egg Quality Control Program for FY 1997/98 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize Chairman, Board of Supervisors to sign the Drug-Free Workplace Certification for an Agreement between the County and California Department of Food and Agriculture. The Agreement allotment authorizes reimbursement to the County in the amount of $1,439 . 88 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 •b/ , ' APPROVE OTHER SIGNATURE (S): q ACTION OF BOARD ON� / Z / APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE J 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/�9� Contact: Bob Cruickshank 6-5250 PHIL BATCHELOR,CLERK OF THE BOARD OF cc: Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR BY 00,1DEPUTY �0 _a./ - 1 r C 3S 1997/98 AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE EGG QUALITY CONTROL PROGRAM AND CONTRA COSTA COUNTY 1. AGREEMENT (a) It is agreed and understood that in accordance with the California Food and Agricultural Code, Part 4, Chapter 1, and the California Code of Regulations, Title 3, Part 4, Chapter 1, this document becomes the official Agreement between the California Department of Food and Agriculture (State) and the County of Contra Costa(County) for the disbursement of funds for egg quality control activities. (b) This Agreement shall be for the period commencing July 1, 1997,through June 30, 1998. The total amount payable shall not exceed$1,439.88 in accordance with the attached Fiscal Display identified as Exhibit "A", displaying the State enforcement funding for production,wholesale and retail inspections and wirebasket enforcement, and by this reference made a part hereof. (c) Payments will be made, as shown in Exhibit A, upon submission of completed Form 9, to: California Department of Food and Agriculture, Egg Quality Control, 1220 N Street, Sacramento, California 95814. The following is hereby agreed to by the State and the County regarding egg quality control activities. 2. RESPONSIBILITIES The State shall: (a) Assume responsibility for coordinating the training and supervision of inspectors/ biologists as may be employed by the County Department of Agriculture for work to be done under this Agreement. (b) Provide the County with inspection forms, noncompliance books,worksheets,hold-off- sale tapes, and Report Form 9s. (c) Provide for the collection of the necessary fees from the egg industry and compensate the County for the following services: 1 o California inspection and wirebasket enforcement: An amount based on the number of 100 egg samples, as shown in Exhibit A, to be inspected at production, wholesale, and retail outlets. The Cog= shall_ (d) Maintain hourly work records for each inspector/biologist on a daily basis, showing service performed under this Agreement together with copies of egg inspection worksheets that show the quality of eggs inspected, eggs rejected, and the number of 100 egg samples inspected. Copies of the worksheet will be given to the plant management after each inspection. (e) Submit completed Form 9 during the first month following the quarter for which the charges accrue. (f) Maintain all records for a period of three years after final payment. (g) Permit the State to inspect such books,records, accounts, and other materials relevant to this Agreement. (h) Furnish the necessary inspection equipment,transportation, office space, supplies, and support services for carrying out the inspection work under this Agreement. The State and Cou=agree: (i) Quarterly payments in arrears will be made as outlined in section 1(c) and as shown in Exhibit A for production,wholesale and retail inspections and wirebasket enforcement. (j) To receive the maximum payments for production,wholesale, and retail inspections, the minimum number of 100 egg samples, as shown in Exhibit A, must be inspected. If the minimum number of 100 egg samples are not inspected by the end of each quarter for production and wholesale, and by the end of the fiscal year for retail inspection, payments will be made at the specified rate per sample, as shown in Exhibit A. 3. WIREBASKET ENFORCEMENT (a) The County shall perform wirebasket enforcement,which will be conducted at the same time that production and wholesale inspections take place, at the inspection rate as shown in Exhibit A. (b) The State shall pay for wirebasket inspection on the basis of Exhibit A. 2 (c) To receive maximum payments for wirebasket enforcement, the minimum number of 100 egg samples must be inspected by the County at production and wholesale. (d) The State shall also pay additional compensation for wirebasket enforcement that necessitates additional hours to be paid at a separate rate. Such work will be limited to:' (1) Hours (rounding to the nearest half hour) spent conducting wirebasket related office hearings; and/or (2) Hours (rounding to the nearest half hour) spent performing wirebasket inspections where five or more noncompliances have been served to any one handler. (e) The State shall pay additional compensation to the County for hours permitted under section 3(d) at a rate of$35.00 per hour, contingent upon prior approval by the Secretary of the Department of Food and Agriculture, unless funds allocated for such additional compensation are exhausted. (f) Wirebasket enforcement shall be documented on Form 9 and sent to CDFA. (g) Payments from the State to the County for additional hours will occur quarterly and will be included in the payment as outlined in section 20). 4. ADDITIONAL PROVISIONS (a) The appropriate State supervisor may observe the actual inspection of eggs in the County at any time where work is being done under this Agreement. (b) All licensed certified inspectors shall adhere to the California Food and Agricultural Code, Egg Inspection Manual, and program enforcement policies. (c) State and County personnel will keep each other informed of all activities pertaining to inspections made pursuant to this Agreement. (d) 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. (e) This Agreement may be amended upon written mutual consent, or canceled by either party, upon thirty (30) days written notice. (f) 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 Agreement shall be of no further force and effect. In this event, the State shall have 3 •L no liability to pay any funds whatsoever to the County or to furnish any other considerations under this Agreement, and the County shall not be obligated to perform any provisions of this Agreement. This Agreement shall not be considered effective until signed by both parties. /-zi - 97 Mark ertoli Date Egg Quality Control California Department of Food and Agriculture Ed Meyer Date County Agricultural Commissioner County of Contra Costa 4 Exhibit A County of Contra Costa Funding and Inspection Display STATE ENFORCEMENT RETAIL INSPECTION Minimum 100 egg samples to be inspected 78 Funding per 100 egg samples $18.46 Maximum funding $1,439.88 PRODUCTION INSPECTION Minimum 100 egg samples to be inspected 0 Quarterly 100 egg samples to be inspected 0 Quarterly funding $0.00 Funding per 100 egg samples $14.87 Maximum funding $0.00 WHOLESALE INSPECTION 0 Minimum 100 egg samples to be inspected 0 Quarterly 100 egg samples to be inspected Quarterly funding $0.00 Funding per 100 egg samples $14.87 Maximum funding $0.00 WIREBASKET ENFORCEMENT (To be performed while inspecting 100 egg samples at production and wholesale) Funding for wirebasket enforcement performed during each $4.00 100 egg sample inspection at production and wholesale Quarterly funding(based on the number of quarterly 100 egg $0.00 samples performed at production and wholesale inspection Maximum funding $0.00 TOTAL STATE ENFORCEMENT $1,439.88 C.35 STATE OF CALIFORNIA DRUG-PAE WORKPLACE CERTIFICATION STD.21(REV.12-93) CERTIFICATION I, the official ficial 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. CONTRACTORBIDDER FIRM NAME FE ERAL ID NUMBER County of Contra Costa I .6100050 BY(Authorized Signature) DATE EXECUTED on UA✓� 1 /o-.9/ -199 ' PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (lnckide Arca Cada► (2,hair-, fylark �esaulj?leY ( ) TITLE Supe-�'Jl sr�r CCNTRACTORB[DOER FIRM'S MAILING ADDRESS The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8353 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). '. 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 (NOTTO EXCEED36 MONTHS),thestate willregard this certificateas valid forallcontracts 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 /V - oZ f `17 C , J 5J APPROVED BY THE CONTRACTNUMBER AM.NO. ST NQARD• AGREEMENT ATTORNEY GENERAL 97-0380 STD.2(REV.5-91) TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this 28th day of June 1997 94-6000509 in the State of Califomia,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 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 aqreements, 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,lime for performance or completion,and attach plans and specifications,d any.) See attached identified as "1997/98 Agreement Between California Department of Food and Agriculture Egg Quality Control Program and Contra Costa County"and by this reference made a part hereof. The term of this agreement is July 1,1997 through June 30, 1998. The total amount payable under this agreement shall not exceed $1,439.88 including all applicable taxes. Payment under this agreement shall be made quarterly, upon submission of a completed Form 9 identified with Contract No. 97-0380 and sent to: California Department of Food and Agriculture, Egg Quality Control, 1220 N Street, Sacramento, California 95814. Signature of Reviewer. 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 written. STATE OF CALIFORNIA CONTRACTOR -4156465250 AGENCY CONTRACTOR (If other than an individual,state whethera corporation,partnership,etc.,) Department Of Food And Agriculture County of Contra Costa BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) X X See attached for official signature PRINT NAWE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Alice L. Wright TITLE ADDRESS 161 JON GLENN DR. Contract Officer CONCORD CA 94520 AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE THIS DOCUMENT 40.50.00 CA/F/General Department of General Services. $ 1,439.88 Use Only (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ 0.00 ITEMCHAPTER STATUTE FISCAL YEAR GEN. SERV. DEPT. APPROVAL 8570-001-0001 282 97 97/98 TOTADATE OBJECT AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE(CODE AND TITLE) NOT REQUIRED PER 1,040.32 56907 SAM 1215 I hereby certify upon my own personal knowledge that budgeted funds are T.B.A. NO. B.R.NO. available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE Certification of fund availability is on file with the Department of Food&Agriculture CONTRACTOR � STATE 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. Agreernent No. 97-0380 Page 2 NONDISCRIMINATION CLAUSE(OCP-1) 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-f), 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. AMENDMENT/CANCELLATION 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. M/W/DVBE AUDIT Contractor agrees that the awarding department or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of the Agreement. Contractor 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 further agrees to maintain such records for a period of three (3) years after final payment under the Agreement. 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 shall be made in accordance with the State Prompt Payment Act. Public Entity Clauses Revised 3/12/97 Agreement No. 97-0380 Page 3 RESOLUTIONS 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 8/1-2/97 Agreement NO. 97-0380 .. Page 4 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 Agreement. SUBCONTRACTING Contractor shall not subcontract any services under this Agreement without prior approval of the State's representatives. PROFESSIONAL WORK Agreement NO. 97-0380 1997/98 AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE EGG QUALITY CONTROL PROGRAM AND CONTRA COSTA COUNTY 1. AGREEMENT (a) It is agreed and understood that in accordance with the California Food and Agricultural Code, Part 4, Chapter 1, and the California Code of Regulations, Title 3, Part 4, Chapter 1, this document becomes the official Agreement between the California Department of Food and Agriculture (State) and the County of Contra Costa(County) for the disbursement of funds for egg quality control activities. (b) This Agreement shall be for the period commencing July 1, 1997,through June 30, 1998. The total amount payable shall not exceed$1,439.88 in accordance with the attached Fiscal Display identified as Exhibit "A", displaying the State enforcement funding for production,wholesale and retail inspections and wirebasket enforcement, and by this reference made a part hereof. (c) Payments will be made, as shown in Exhibit A, upon submission of completed Form 9, to: California Department of Food and Agriculture, Egg Quality Control, 1220 N Street, Sacramento, California 95814. The following is hereby agreed to by the State and the County regarding egg quality control activities. 2. RESPONSIBILITIES The State shall: (a) Assume responsibility for coordinating the training and supervision of inspectors/ biologists as may be employed by the County Department of Agriculture for work to be done under this Agreement. (b) Provide the County with inspection forms,noncompliance books,worksheets, hold-off- sale tapes, and Report Form 9s. (c) Provide for the collection of the necessary fees from the egg industry and compensate the County for the following services: 1 Agreement No. 97-0380 o California inspection and wirebasket enforcement: An amount based on the number of 100 egg samples, as shown in Exhibit A,to be inspected at production, wholesale, and retail outlets. The County shall: (d) Maintain hourly work records for each inspectoribiologist on a daily basis, showing service performed under this Agreement together with copies of egg inspection worksheets that show the quality of eggs inspected, eggs rejected, and the number of 100 egg samples inspected. Copies of the worksheet will be given to the plant management after each inspection. (e) Submit completed Form 9 during the first month following the quarter for which the charges accrue. (f) Maintain all records for a period of three years after final payment. (g) Permit the State to inspect such books,records, accounts, and other materials relevant to this Agreement. (h) Furnish the necessary inspection equipment, transportation, office space, supplies, and support services for carrying out the inspection work under this Agreement. The State and County agree: (i) Quarterly payments in arrears will be made as outlined in section 1(c) and as shown in Exhibit A for production, wholesale and retail inspections and wirebasket enforcement. (j) To receive the maximum payments for production, wholesale, and retail inspections,the minimum number of 100 egg samples, as shown in Exhibit A, must be inspected. If the minimum number of 100 egg samples are not inspected by the end of each quarter for production and wholesale, and by the end of the fiscal year for retail inspection, payments will be made at the specified rate per sample, as shown in Exhibit A. 3. WIREBASKET ENFORCEMENT (a) The County shall perform wirebasket enforcement, which will be conducted at the same time that production and wholesale inspections take place, at the inspection rate as shown in Exhibit A. (b) The State shall pay for wirebasket inspection on the basis of Exhibit A. 2 Agreanent No. 97-0380 (c) To receive maximum payments for wirebasket enforcement, the minimum number of 100 egg samples must be inspected by the County at production and wholesale. (d) The State shall also pay additional compensation for wirebasket enforcement that necessitates additional hours to be paid at a separate rate. Such work will be limited to: (1) Hours (rounding to the nearest half hour) spent conducting wirebasket related office hearings, and/or (2) Hours (rounding to the nearest half hour) spent performing wirebasket inspections where five or more noncompliances have been served to any one handler. (e) The State shall pay additional compensation to the County for hours permitted under section 3(d) at a rate of$35.00 per hour, contingent upon prior approval by the Secretary of the Department of Food and Agriculture, unless funds allocated for such additional compensation are exhausted. (f) Wirebasket enforcement shall be documented on Form 9 and sent to CDF A. (g) Payments from the State to the County for additional hours will occur quarterly and will be included in the payment as outlined in section 2(j). 4. ADDITIONAL PROVISIONS (a) The appropriate State supervisor may observe the actual inspection of eggs in the County at any time where work is being done under this Agreement. (b) All licensed certified inspectors shall adhere to the California Food and Agricultural Code, Egg Inspection Manual, and program enforcement policies. (c) State and County personnel will keep each other informed of all activities pertaining to inspections made pursuant to this Agreement. (d) 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. (e) This Agreement may be amended upon written mutual consent, or canceled by either party, upon thirty (30) days written notice. (f) 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 Agreement shall be of no further force and effect. In this event, the State shall have 3 Agreement No. 97-0380 no liability to pay any funds whatsoever to the County or to furnish any other considerations under this Agreement, and the County shall not be obligated to perform any provisions of this Agreement. This Agreement shall not be considered effective until signed by both parties. 11�2/--/ - — //- Mar Bertoli Date Egg Quality Control California Department of Food and Agriculture Ed Meyer 6a Date County Agricultural Commissioner County of Contra Costa 4 Agreement No. 97-0380 Exhibit A County of Contra Costa Funding and Inspection Display STATE ENFORCEMENT RETAIL INSPECTION Minimum 100 egg samples to be inspected 78 Funding per 100 egg samples $18.46 Maximum funding $1,439.88 PRODUCTION INSPECTION Minimum 100 egg samples to be inspected 0 Quarterly 100 egg samples to be inspected 0 Quarterly funding $0.00 Funding per 100 egg samples $14'87 Maximum funding $0.00 WHOLESALE INSPECTION Minimum 100 egg samples to be inspected 0 Quarterly 100 egg samples to be inspected 0 Quarterly funding $0.00 Funding per 100 egg samples $14.87 Maximum funding $0.00 WIREBASKET ENFORCEMENT (To be performed while inspecting 100 egg samples at production and wholesale) Funding for wirebasket enforcement performed during each $4.00 100 egg sample inspection at production and wholesale Quarterly funding(based on the number of quarterly 100 egg $0.00 samples performed at production and wholesale inspection Maximum funding $0.00 TOTAL STATE ENFORCEMENT $1,439.88