HomeMy WebLinkAboutMINUTES - 01051999 - C62-C66 ........11............................................................................................... .................
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TO: BOARD OF SUPERVISORS
William Walker, M.D. , Health Services Director
FROM, By: Ginger Marieiro, Contracts Administrator Contra
Costa
DATE: December 21, 1998 County
SUBJECT: Approve submission of Funding Application #28-611-1 to the United
Way for the County' s Homeless Shelter Program for Single Adults
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
A. Approve and authorize, the Health Services Director, or his
designee (Wendel Brunner, M.D. ) , to submit Funding Application
#28-611-1 to the United Way, in the amount of $100, 000, for
the period January 1, 1999 through December 31, 1999, for the
Homeless Shelter Program for Single Adults .
B. Approve and authorize, the Health Services Director, or his
designee (Wendel Brunner, M.D. ) , to accept any grant award, on
behalf of the County, resulting for this Funding Application
#28-611-1 .
FISCAL IMPACT:
Approval of this application by the United Way will result in $100, 000 of
Federal Emergency Management Agency (FEMA XVII) funding for the Departm-
ent' s Homeless Shelter Program for Single Adults .
BACKGROUND/REASONS FOR RECOMMENDATION{S) :
The Health Services Department administers two emergency shelters,
Brookside and North Concord sites, for homeless single adults for the
residents of Contra Costa County. These shelters are vital to meeting
the emergency housing needs of the homeless . The funding requested in
this application would provide 6, 000 additional shelter bed nights as
part of winter relief efforts .
Four certified and sealed copies of the Board Order authorizing submis-
sion of the application should be returned to the Contracts and Grants
Unit .
CONTINUF.D ON ATTACHMENT: yErs SIGNATURE.
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
-eX APPROVE BOTHER
SIGN6TURE
ACTION OF BOARD ON APPROVED AS RECOMMENDED -Q;PjEj4
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT
_ l ? AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: OF SUPERVISORS ON THE DATE SHOWN,
ATTESTED_ _Zr 1,49y
C:
P IL BtATICHELOR60MRK OKTHE BOARD OF
S PERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Wendel Brunner (313-6712)
CC: Health Services Dept (Contracts)
Contractor
By DEPUTY
TO: BOARD OF SUPERVISORS
William Walker, M.D. , Health Services Director
FROM: By: Ginger Mari_eiro, Contracts Administrator .` '.+ Contra
Costa
DATE: December, 18, 1998 County
SUBJECT: Approve Standard Agreement (Amendment) #29-388-31 to the Master t Agreement
with the State Department of Health Services for the County's. AIDS Program
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOM410MATION(S) :
Approve and authorize the Health Services Director, or his designee (Wendel Brunner,
M.D.) to execute on behalf of the County, Standard Agreement (Amendment) #29-388-31
(State ##98-14718 A-3) with the State Department of Health Services, to increase the FY
1998-99 contract payment limit by $160,000 from $1,1.35,406 to a new total of $1,296,406
FISCAL IMPACT:
This Amendment increases the maximum reimbursable amount of State funding for FY 1998-99
by $160,000 from $1,136,406 to a new total of $1,296,406, for the County's AIDS Program.
No County funds are required.
BACKGROUNND/RIASON(S FOR RECON1l EMATION(S)
On September 15, 1998) the Hoard of Supervisors approved Standard Agreement #29-388-28
(State #98-14718) , as amended by #29-388-29 and #29-388-30, with the State Department
of Health Services, for the period from July 1, 1998 through June 30, 1999, for the
County's AIDS Program.
The Master Grant Agreement incorporates a Memorandum of Understanding (MOU) for each
service component of the AIDS Program. The MOU's define the services to be provided and
the budget for each component and are negotiated by the staff of the State Office of
AIDS and County AIDS Program representatives. The State requires only the signatures
of the State Office of AIDS Chief and the County Health Officer on the MOU's and any
amendments to the MOD's. This streamlines and expedites the contracting procedure for
the State and County AIDS Programs because only new Master Grant Agreements and formal
amendments affecting the total payment limit of the Master Grant Agreement require
County Board of Supervisors and State Department of Finance approval.
This Amendment #29-388-31 increases the total contract payment limit for FY 1998-99, to
provide additional funds for local HIV prevention social marketing campaign in Contra
Costa County.
Three certified and sealed copies of this Board Order should be returned to the
Contracts and Grants Unit for submission to the State.
l
CONTINUgD O S G A U
RECOMMENDATION OF COUNTYADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
G -
ACTION OF BOARD ON Q tam t uf r`f 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 BATCHELOR,OLEAK OF'THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR»
Contact Person: Wendel Brunner, M.D. (313-6712)
CC: Health Services (Contracts)
State Dept. of Health Services BY DEPUTY
TO: BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services : Centra
Costa
DATE: December 17, 1998 County
SUBJECT: AGREEMENT WITH BAY AREA AIR QUALITY
MANAGEMENT DISTRICT(BAAQMD)FOR GRANT
FUNDING FOR ALTERNATIVE FUEL VEHICLES
SPECIFIC REQUESTS OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDATION:
ACKNOWLEDGE receipt from the Bay Area Air Quality Management District Board to Contra Costa
County General Services Department of grant funding from the Transportation Fund for Clean Air
(TFCA) in the total amount of$57,800 for two projects (#98R10 and #98R49) to acquire three natural
gas vehicles and three electric vehicles; and
APPROVE and AUTHORIZE the Director of General Services or his designee to execute Funding
Agreements 'between the Bay Area Air Quality Management District and Contra Costa County',for
funding in the amount of$30,800 for Project # 98RIO to lease three electric vehicles and funding in the
amount of$27,000 for Project#98R49 to purchase three compressed natural gas(CNG)vehicles; and
APPROVE and AUTHORIZE the Director of General Services or his designee to execute a lease
agreement for a three-year lease of three electric vehicles, Toyota RAV 4EV's, in the amount of
$54,000, of which $30,800 (57%)will be funded with TFCA funding(Project#98RI0).
II. FISCAL IMPACT:
General Services will provide funds, which include salvage and depreciation, ;in the amount of$23,200
for the lease of the three electric RAV 4's and $39,000 toward the purchase of the three CNG vehicles,
for a total County cost of$62,200.
III. BACKGROUND:
Electric and compressed natural gas vehicles are clean burning, which reduces emissions and
significantly contributes to improving air quality. With the addition of the CNG fast fuel trailer at the
County Fueling Center, it has become practical and more desirable to increase the number of CNG
vehicles in the County fleet. In addition to the vehicles fueled by the Sheriff's Department and the
General Services Department, Community Development also has CNG fueled''commuter vans.
CONTINUED ON ATTACHMENT: x YES SIGNATURE: w
,RECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD CO EE
APPROVE f} OTHER
SIGNATUREM: C ZJ4//& �It�
�11� 1111M I
ACTION OF BOARD ON „��n tA_At-t4 1999 APPROVED AS RECOMMENDED�_ CQTktSR+
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: Mickey Davis—313-7112
CC: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
Administration AND
CORRECT COPY OF AN ACTION TAKEN
Fleet Division AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Accounting
County Auditor-Controller ATTESTED .n"j2 f1 r 5. J_ 9 9
County Administrator PHIL BATCHELOR, ERK�HE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
F:tBO1BAAQMD funding.alternative fuel vehicles.doc Page i of 2 M382(10188) r%
r
AGREEMENT WITH BAY AREA AIR
QUALITY MANAGEMENT DISTRICT December 17, 1998
(BAAQMD)FOR GRANT FUNDING
FOR ALTERNATIVE FUEL VEHICLES
Electric vehicles are another alternative to gasoline-powered vehicles. The Board approved a pilot
program in October, 1998, in which the California Air Resources Board loaned the County an electric
vehicle that was available for approximately two months for departments to use at no cost. The
feedback from Department Heads was very favorable. The electric vehicles that will be leased will be
added to the County pool. These vehicles can be driven approximately 80 miles on a charge, and will be
re-charged daily. At this point, the technology of the electric vehicles is such that lease/rental
agreements are preferable to purchase, as the battery packs, which are very expensive, are guaranteed for
only three years.
General Services continues to apply for grants, rebates and other available funding which allows the
County to add needed vehicles and equipment and to take advantage of outside funding sources to Help
defray costs to the General Fund. The County has previously received over $225,000 in BAAQMD
funding for a CNG fast fuel tube trailer, four replacement CNG vehicles for the Sheriff's Department
and General Services, and two electric carts for the Health Services Department.
FA50113AAWD funding.aliemative fuel vehicles,doc Page 2 of 2 M382(10/88) ����
FUNDING AGREEMENT
BETWEEN
THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND
CONTRA COSTA COUNTY GENERAL SERVICES DEPT.',
PROJECT NUMBER
98R14
This Agreement is made and entered into between the Contra Costa County General Services Dept.,
hereinafter referred to as"Project Sponsor,"and the Bay Area Air Quality Management District,hereinafter
referred to as the"Air District."Attachment A,Project Specific Information;Attachment B, Project
Description; and Attachment C, Monitoring of Project Performance are hereby incorporated into this
Agreement by this reference.
SECTION I
RECITALS:
1) Air District is authorized under California Health and Safety Code Section 44223 to levy a fee on
motor vehicles registered within its jurisdiction. Funds generated by the fee are to be used to
implement projects and programs to reduce air pollution from motor vehicles.
2) Air District administers these funds as the Transportation Fund for Clean Air(TFCA).
3) California Health and Safety Code Section 44241 limits expenditure to specified eligible transportation
control treasures included in the clean air plan adopted pursuant to California Health and Safety Code
Sections 40233, 40717,and 40919 and limits the allocation of the funds to public agencies within the
Air District's jurisdiction.
4) Air District and Project Sponsor,pursuant to California Health and Safety Code Section 44241,hereby
enter into this Funding Agreement(Agreement)to implement a transportation measure(Project)to
improve air quality in the San Francisco Bay Area Air Basin.
5) The Project,as used in this Agreement, is described on Attachment B.
SECTION 11
PROJECT SPONSOR AGREES:
1) To implement the Project in accordance with the description and implementation schedule contained on
Attachment B.
2) To submit detailed invoices to the Air District for reimbursement of costs and expenses incurred to
complete the Project consistent with the budget and schedule contained on Attachment A.Invoices
shall specify the time period for the invoice, itemize staff charges to the Project,;if any, indicating the
number of hours worked on the Project;and itemize any payments to vendors,consultants, or
contractors with an explanation of the goods or services provided for the Project.
3) To keep necessary records of Project activities,expenses and charges to document and support invoices
submitted to the Air District.
4) To allow and facilitate Air District audit of Project performance and all expenditures relating to the
Project funded through this Agreement.
TFCA Regional Fund Project 98R10 page 1
BAAQMD FY98 TFCA Funding Agreement
5) To record on a time sheet those hourly labor costs incurred in the implementation of the Project which
are paid with TFCA funds received under this Agreement,or to establish an alternative method
approved by the Air District to document staff costs charged to the Project.
6) To use no more than five percent of the TFCA funds received under this Agreement for costs
incurred in the administration of the Project consistent with the line item Project budget specified in
Attachment A.
7) To keep necessary records of Project performance as specified on Attachment C.
S) To submit to the Air District all reports specified on Attachment C.
9) To use the Air District's approved logo for the Transportation Fund for Clean Air on any vehicles
leased,rented, or purchased with TFCA funds, or on any other capital property purchased with TFCA
funds that is visible to the public.
10) To use the Air District's approved logo for the Transportation Fund for Clean Air,or to credit the Air
District as a funding source,on any printed or electronic material for public distribution associated with
the Project. Included as printed material are Project related schedules,brochures,handbooks,or
promotional material.Included as electronic material are Project related Web Sites,electric signs,or e-
mail broadcasts.
11) To credit the Air District as a funding source for the Project in any related media events, articles,news
releases or other publicity materials.
12) To assure that all funds received under this Agreement are expended only in accordance with all
applicable provisions of law.
13) To expend those"Matching Funds,"if any, as listed on Attachment A,toward completion of the
Project as described on Attachment B. In the event funding from other sources for the total cost of the
Project as set forth in Attachment A is not received, in whole, by the Project Sponsor,the Air District
reserves the right to renegotiate the terms and conditions of this Agreement.
14) To return to the Air District any funds realized from the sale of any motor vehicle(s)purchased with
TFCA funds if such sale occurs within the industry standards for the useful life from the date of
purchase of the motor vehicle(s). The amount of the funds returned to the Air District shall be
proportional to the percentage of TFCA funds originally used to purchase the motor vehicle(s).
15) To place in the public domain any software,written document, intellectual property,process,
technique,or product developed with TFCA funds as part of the Project.
16) To comply with those"Special Conditions,"if any, listed on Attachment A.
SECTION III
AIR DISTRICT AGREES:
1) To pay within 30 calendar days of receipt, invoices for reimbursement of legitimate Project expenses
submitted by the Project Sponsor,excepting that the Air District will retain fifteen percent(15%)of the
"Total TFCA Regional Funds Awarded"as listed on Attachment A until the Air District's acceptance
of the final report as specified on Attachment C.
2) To provide TFCA funds not to exceed the"Total TFCA Regional Funds Awarded"amount for this
Project as listed on Attachment A.
3) To provide timely notice prior to conducting an audit.
4) To provide a copy of any fiscal audits of the Project as specified in California Health and Safety Code
Section 44242.
TFCA Regional Fund Project 98R10 Page 2
slit
BAAQM FY98 TFCA Funding Agreement
SECTION IV
IT IS MUTUALLY AGREED:
1) Term: This Agreement will remain in effect for three(3)years after the completion of the Project
unless terminated as provided below.
2) Termination: Either party may terminate this Agreement at any time by giving written notice of
termination to the ether party which shall specify the effective date thereof. Notice of termination
under this paragraph shall be given at least ninety(90)days before the effective date of such
termination. Upon receiving notice of termination, Project Sponsor shall immediately cease further
expenditure of TFCA funds received under this Agreement. The Air District will reimburse Project
Sponsor for qualifying expenditures on the Project made prior to the receipt of the notice of
termination.
3) Indemnity: Project Sponsor shall indemnify and hold harmless the Air District its officers,employees,
agents,representatives,and successors-in-interest against any and all claims, suits or actions resulting
from the performance by Project Sponsor of its duties under this Agreement. Air District shall
indemnify and hold harmless Project Sponsor its officers,employees, agents, and successors-in-interest,'
against any and all claims, suits or actions resulting from the performance by Air District of its duties
under this Agreement.
4) Notices: Any notice which may be required under this Agreement shall be in writing, shall be effective
when received,and shall be given by personal delivery service or first class mail,to the addressees set
forth on Attachment A,or to such addressees which may be specified in writing to the parties hereto.
5) Contacts: Project Sponsor and Air District persons to act as contacts and liaison with the Air District
and the Project Sponsor with regards to the day-to-day activities of the Project are specified on
Attachment A. All reports and correspondence are to be addressed to the"Contacts" listed on
Attachment A.
6) Project Number: All correspondence shall reference the"Project Number"listed on
Attachment A.
7) Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and
to make,execute and deliver such other documents and instruments,as shalt be reasonably requested to
carry out the provisions, intent and purpose of this Agreement.
8) Integration: This Agreement represents the entire Agreement of the parties with respect to the subject
matter described in this Agreement, and no representation,warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in other contemporaneous
written agreements.
9) Amendment: This Agreement may not be changed,modified or rescinded except in writing and signed
by the parties hereto. Any attempt at oral modification of this Agreement shall be void and of no
effect. The Air District contact person and Project Sponsor contact person identified pursuant to
paragraph IV.5 above may jointly authorize, in writing, any schedule revisions,budget line item
revisions,or changes to the Project scope of work that do not diminish the emission reductions
associated with the Project. Any other amendments to this Agreement must be executed in writing by
the signators to this Agreement. Any change in Project scope must be approved by the Air District
prior to implementation of the change by the Project Sponsor.
TFCA Regional Fund Project 9BR10 Page 3
BAAQMD FY98 TFCA FundingAgreement
10) Independent Contractor: Project Sponsor renders its service under this Agreement as an independent
contractor. None of the Project Sponsor's agents,subcontractors or employees shall be construed as
agents or employees of the Air District. This paragraph does not apply to elected officials serving
concurrently on the governing boards of both the Project Sponsor and Air District,
11) Assignment: This Agreement may not be assigned,transferred,hypothecated, subcontracted or
pledged by any party without the express written consent of the other party.
12) Severability: Should'any part of this Agreement be declared unconstitutional, invalid,or beyond the
authority of either party to enter into or carry out, such decision shall not affect the validity of the
remainder of this Agreement which shall continue in full force and effect;provided that,the remainder
of this Agreement can,absent the invalid portion(s),reasonably be interpreted to give effect to the
intentions of the parties.
13) Effective Date: The effective date of this Agreement is the date of signature by the Air Pollution
Control Officer as listed on page 5.
14) Schedule for Eligible Costs: Only Project costs incurred after the"Air District Approval Date" listed
on Attachment A,and before completion of Project and fulfillment of monitoring requirements or
termination,whichever occurs first,are eligible to receive TFCA funds.
15) Cost Reduction: The Air District may reduce its contribution to the Project in the event that the"Total
Project Cost" is less than the amount listed on Attachment A.Any reduction in'TFCA funding shall be
proportional to the percentage of TFCA funds provided toward the total project cost as noted on
Attachment A.
1 b) Penalty: The Air District may decrease the total TFCA Regional Funds awarded for the Project by up
to ten percent(10%)for failure of the Project Sponsor to comply with paragraphs 1I.9,11.10,and 11.11
above.
17) Project Cost: Project cost overruns are the sole responsibility of the Project Sponsor. The Air
District's funding obligation is limited to the"Total TFCA Regional Funds Awarded"as listed on
Attachment A. Acceptance of this funding agreement obligates the Project Sponsor to deliver the
Project according to the terms and conditions of this Agreement.
18) Force Majeure: Neither the Air District nor Project Sponsor shall be liable or deemed to be in default
for any delay or failure in performance under this Funding Agreement or interruption of services,
directly or indirectly, from the acts of God,civil or military authority,acts of public enemy,war,
strikes, labor disputes, shortages of suitable parts,materials, labor or transportation,or any similar
cause beyond the reasonable control of the Air District or Project Sponsor.
19) Governing Law: This Funding Agreement shall be construed and interpreted and the legal relations
created thereby shall be determined in accordance with the laws of the State of California.
TFCA Regional Fund Project 98R'I O page 4
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__ ........ ......... ............................ ........ .....................__...........__. .............. _........ ......_.... .........
BAAQMD FY98 TFCA Funding Agreement
SIGNATURES:
by: by: Date:
Mickey Davis Ellen Garvey
Administrative Services Officer Air Pollution Control Officer
Contra Costa County Bay Area Air Quality Management District
General Services Department
Approved as to legal form and content:
by: by:
Legal Counsel Robert N. Kwong
Contra Costa County District Counsel
Bay Area Air Quality Management District
TFCA Regional Fund Project 98R10 Page 5 3
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BAAQMD FY98 TFCA Funding Agreement
ATTACEMENT A
PROJECT SPECIFIC INFORMATION
[Note: The section numbers shown in parenthesis below refer to Sections in the Funding Agreement.]
1. Project Sponsor: Contra Costa County General Services Dept.
2. Project Number: 98810
3. Total TFCA Regional Funds Awarded(Section III.2): $30,800
The Air District will provide 57%of the cost of three electric vehicles and installation of the charging
units,to a maximum of$30,800 in TFCA funds.
4. Total Project Cost(Section IV.15): $54,000
5. Matching Funds(Section I1.13): $23,200
Source Amount
Contra Costa County General Funds $20,000
Proceeds from Sale of Vehicles(Option B) $3,200
6. Total Line Item Project Budget:
Line Item Amount
3 year lease of 3 Toyota RAV4 EVs
@$16,000 per vehicle $48,000
Installation of 3 charging units @$2,000 each $6,000
Total $54,000
7. Invoice and Payment Schedule(Section I1.2):
The project sponsor will submit an invoice for reimbursement of seventy-five percent(75%)of the total
TFCA Regional Funds awarded within fifteen(15)calendar days after the delivery of the vehicles funded',
under this agreement. The invoice is to include documentation of lease and delivery of the vehicles.
Final Invoice: The final invoice for reimbursement of twenty-five percent(25%)of the total TFCA
Regional Funds awarded will be submitted with the final report as listed on Attachment C.
8. Notices(Section IVA): Any written notice required is to be addressed to:
Proiect Sponsor: Air District:
Mickey Davis Ellen Garvey
Administrative Services Officer Air Pollution Control Officer
Contra Costa County General Services Dept. Bay Area Air Quality Management District
1220 Morello Avenue Suite 200 939 Ellis Street
Martinez,CA 94553-4711 San Francisco, CA 94109
9. Contacts(Section IV.5): Contact persons for day-to-day activities of the Project are:
Proiect Contact: Air District:
(Same as#8 above) David Burch
Environmental Planner
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
(925)313-7100 (415)749-4641
10. Air District Approval Date(Section IV.14): October 7, 1998
11. Special Conditions(Section I1.16): Within 60 calendar days of receiving the electric vehicles,the Contra
Costa County General Services Department will sell three vehicles in its fleet: a 1982 Ford F150, a 1991
Chevrolet Lumina,and a 1989 Chevrolet Astro van.
TFCA Regional Fund Project 98810 page 6
�IN
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BAAQMD FY98 TFCA Funding Agreement
ATTACHMENT B
PROJECT DESCRIPTION
The TFCA funding application dated June 3, 1998,is incorporated herein by this reference.
Project Title: Electric Vehicle Demonstration—3 Light Duty Vehicles
Project Description: The Contra Costa County General Services Department will replace three gasoline-
powered vehicles with three electric vehicles. These vehicles must meet California Air Resources Board zero
emission vehicle(ZEV)standards. The electric vehicles will be leased for a period of three years. The vehicles
will be used in the County fleet as pool vehicles, available to a wide range of staff for official County business.
Project Schedule:
Project Start Date: December 1, 1998
Place order for vehicles: by January 1, 1999
Vehicles placed in service by: by March 1, 1999
Project Completion Date: April 1,2000
Project Goal: The goals of this project are to: 1)reduce emissions by replacing three gasoline vehicles with
three zero emission vehicles(ZEVs); 2)demonstrate the viability of electric vehicles to the project sponsor and
stimulate the project sponsor to acquire additional EVs for its fleet; and 3)increase the market for electric
vehicles and public exposure to such vehicles.
TFCA Regional Fund Project 98810 Page 7
,Irk
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BAAQMD FY98 TFCA Funding Agreement
ATTACHMENT C
MONITORING OF PROJECT PERFORMANCE
Quarterly Reports:
Due Dates: April 15, 1999; and quarterly thereafter until the vehicles have been delivered and
placed into service.
The project sponsor shall submit brief, informative quarterly reports to the Air District during the
implementation of the project. The quarterly reports shall describe the overall progress of the project,
highlighting activity from the most recent quarter.
Project Monitoring Requirements and Final Report:
Due Date: June 1,2000
The Final Report shall contain the following:
I A description of the vehicles leased as part of the project, including make,model,battery type,and
Vehicle Identification Numbers.
2. Documentation showing the sale of the vehicles being replaced as specified in Attachment A,
Paragraph 11, Special Conditions.
3. Data for one year of vehicle operation, including the number of miles driven per vehicle in one year,
the average range per charge,and recharging costs.
4. A discussion of any pertinent issues or problems with the electric vehicles, including maintenance or
performance problems,and overall user satisfaction with the vehicles.
5. Copies of any press articles,press releases,newsletter articles and any other publicity materials
regarding the project.
TFCA Regional Fund Project 98RI0 Page 8
_.
C;L ta,
FUNDING AGREEMENT
BETWEEN
THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT
AND
CONTRA COSTA COUNTY GENERAL SERVICES DEPARTMENT
PROJECT NUMBER
98849
This Agreement is made and entered into between the Contra Costa County General Services Department,
hereinafter referred to as"Project Sponsor,"and the Bay Area Air Quality Management District,hereinafter
referred to as the "Air District." Attachment A,Project Specific Information;Attachment B,Project
Description; and Attachment C,Monitoring of Project Performance are hereby incorporated into this
Agreement by this reference.
SECTION I
RECITALS:
1) Air District is authorized under California Health and Safety Code Section 44223 to levy a fee on
motor vehicles registered within its jurisdiction. Funds generated by the fee are to be used to
implement projects and programs to reduce air pollution from motor vehicles.
2) Air District administers these funds as the Transportation Fund for Clean Air(TFCA).
3) California Health and Safety Code Section 44241 limits expenditure to specified eligible transportation
control measures included in the clean air plan adopted pursuant to California Health and Safety Code
Sections 40233,40717,and 40919 and limits the allocation of the funds to public agencies within the
Air District's jurisdiction.
4) Air District and Project Sponsor,pursuant to California Health and Safety Code Section 44241,hereby
enter into this Funding Agreement(Agreement)to implement a transportation measure(Project)to
improve air quality in the San Francisco Bay Area Air Basin.
5) The Project, as used in this Agreement, is described on Attachment B.
SECTION II
PROJECT SPONSOR AGREES:
1) To implement the Project in accordance with the description and implementation schedule contained on
Attachment B.
2) To submit detailed invoices to the Air District for reimbursement of costs and expenses incurred to
complete the Project consistent with the budget and schedule contained on Attachment A. Invoices
shall specify the time period for the invoice, itemize staff charges to the Project,if any, indicating the
number of hours worked on the Project;and itemize any payments to vendors,consultants,or
contractors with an explanation of the goods or services provided for the Project.
3) To keep necessary records of Project activities,expenses and charges to document and support invoices
submitted to the Air District.
4) To allow and facilitate Air District audit of Project performance and all expenditures relating to the
Project funded through this Agreement.
TFCA Regional Fund Project 98849 Page 1
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W•lbr
BAAQMD FY98 TFCA Funding Agreement
5) To record on a time sheet those hourly labor costs incurred in the implementation of the Project which
are paid with TFCA funds received under this Agreement,or to establish an alternative method
approved by the Air District to document staff costs charged to the Project.
6) To use no more than five percent of the TFCA funds received under this Agreement for costs
incurredin the administration of the Project consistent with the line item Project budget specified in
Attachment A.
7) To keep necessary records of Project performance as specified on Attachment C.
8) To submit to the Air District all reports specified on Attachment C.
9) To use the Air District's approved logo for the Transportation Fund'for Clean Air on any vehicles
leased,rented,or purchased with TFCA funds,or on any other capital property purchased with TFCA
funds that is visible to the public.
10) To use the Air District's approved logo for the Transportation Fund for Clean Air,or to credit the Air
District as a funding source,on any printed or electronic material for public distribution associated with
the Project. Included',as printed material are Project related schedules,brochures,handbooks,or
promotional material.Included as electronic material are Project related Web Sites,electric signs,or e-
mail broadcasts.
11) To credit the Air District as a funding source for the Project in any related media events,articles,news
releases or other publicity materials.
12) To assure that all funds received under this Agreement are expended only in accordance with all
applicable provisions of law.
13) To expend those"Matching Funds,"if any,as listed on Attachment A,toward completion of the
Project as described on Attachment B. In the event funding from other sources for the total cost of the
Project as set forth in Attachment A is not received,in whole,by the Project Sponsor,the Air District
reserves the right to renegotiate the terms and conditions of this Agreement.
14) To return to the Air District any funds realized from the sale of any motor vehicle(s)purchased with
TFCA funds if such sale occurs within the industry standards for the useful life from the date of
purchase of the motor vehicle(s). The amount of the funds returned to the Air District shall be
proportional to the percentage of TFCA funds originally used to purchase the motor vehicle(s).
15) To place in the public domain any software,written document,intellectual property,process,
technique,or product developed with TFCA funds as part of the Project.
16) To comply with those"Special Conditions,"if any, listed on Attachment A.
SECTION III
AIR DISTRICT AGREES:
1) To pay within 30 calendar days of receipt, invoices for reimbursement of legitimate Project expenses
submitted by the Project Sponsor,excepting that the Air District will retain fifteen percent(15%)of the
"Total TFCA Regional Funds Awarded"as listed on Attachment A until the Air District's acceptance
of the final report as specified on Attachment C.
2) To provide TFCA funds not to exceed the"Total TFCA Regional Funds Awarded"amount for this
Project as listed on Attachment A.
3) To provide timely notice prior to conducting an audit.
4) To provide a copy of any fiscal audits of the Project as specified in California Health and Safety Code
Section 44242.
TFCA Regional Fund Project 98R49 page 2
1•
BAAQMD FY98 TFCA Funding Agreement
SECTION IV
IT IS MUTUALLY AGREED:
I) Term: This Agreement will remain in effect for three(3)years after the completion of the Project
unless terminated as provided below.
2) Termination: Either party may terminate this Agreement at any time by giving written notice of
termination to the other party which shall specify the effective date thereof. Notice of termination
under this paragraph shall be given at least ninety(90)days before the effective date of such
termination. Upon receiving notice of termination,Project Sponsor shall immediately cease further
expenditure of TFCA funds received under this Agreement. The Air District will reimburse Project
Sponsor for qualifying expenditures on the Project made prior to the receipt of the notice of
termination.
3) Indemnity: Project Sponsor shalt indemnify and hold harmless the Air District its officers, employees,
agents,representatives,and successors-in-interest against any and all claims, suits or actions resulting
from the performance by Project Sponsor of its duties under this Agreement. Air District shall
indemnify and hold harmless Project Sponsor its officers,employees, agents,and successors-in-interest'
against any and all claims,suits or actions resulting from the performance by Air District of its duties
under this Agreement.
4) Notices: Any notice which may be required under this Agreement shall be in writing,shall be effective'
when received, and shall be given by personal delivery service or first class mail,to the addressees set
forth on Attachment A,or to such addressees which may be specified in writing to the parties hereto.
5) Contacts: Project Sponsor and Air District persons to act as contacts and liaison with the Air District
and the Project Sponsor with regards to the day-to-day activities of the Project are specified on
Attachment A. All reports and correspondence are to he addressed to the"Contacts"listed on
Attachment A.
b) Project Number: All correspondence shall reference the"Project Number" listed on
Attachment A.
7) Additional Acts and Documents: Each party agrees to do all such things and take all such actions, and
to make, execute and deliver such other documents and instruments, as shall be reasonably requested to
carry out the provisions,intent and purpose of this Agreement.
8) Integration: This Agreement represents the entire Agreement of the parties with respect to the subject
matter described in this Agreement,and no representation,warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in other contemporaneous
written agreements.
9) Amendment: This Agreement may not be changed,modified or rescinded except in writing and signed
by the parties hereto. Any attempt at oral modification of this Agreement shall be void and of no
effect. The Air District contact person and Project Sponsor contact person identified pursuant to
paragraph IV.5 above may jointly authorize, in writing,any schedule revisions,budget line item
revisions,or changes to the Project scope of work that do not diminish the emission reductions
associated with the Project. Any other amendments to this Agreement must be executed in writing by
the signators to this Agreement. Any change in Project scope must be approved by the Air District
prior to implementation of the change by the Project Sponsor.
TFCA Regional Fund Project 98849 Page 3
s;'f
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_.. _.... _ ......... ......... ......... ..............._...
. . ....................................................................
BAAQMD FY98 TFCA Funding Agreement
10) Independent Contractor: Project Sponsor renders its service under this Agreement as an independent
contractor. None of the Project Sponsor's agents,subcontractors or employees shall be construed as
agents or employees of the Air District. This paragraph does not apply to elected officials serving
concurrently on the governing boards of both the Project Sponsor and Air District.
11) Assignment: This Agreement may not be assigned,transferred,hypothecated, subcontracted or
pledged by any party without the express written consent of the other party.
12) Severability: Should any part of this Agreement be declared unconstitutional, invalid,or beyond the
authority of either party to enter into or carry out,such decision shall not affect the validity of the
remainder of this Agreement which shall continue in full force and effect; provided that,the remainder
of this Agreement can,absent the invalid portion(s),reasonably be interpreted to give effect to the
intentions of the parties.
13) Effective Date: The effective date of this Agreement is the date of signature by the Air Pollution
Control Officer as listed on page 5.
14) Schedule for Eligible Costs: Only Project costs incurred after the"Air District Approval Date"listed
on Attachment A, and before completion of Project and fulfillment of monitoring requirements or
termination,whichever occurs first,are eligible to receive TFCA funds.
15) Cost Reduction: The Air District may reduce its contribution to the Project in the event that the"Total
Project Cost"is less than the amount listed on Attachment A. Any reduction in TFCA funding shall be
proportional to the percentage of TFCA funds provided toward the total project cost as noted on
Attachment A.
16) Penalty: The Air District may decrease the total TFCA Regional Funds awarded for the Project by up
to ten percent(10%)for failure of the Project Sponsor to comply with paragraphs II.9,IL 10,and 11.11
above.
17) Project Cost: Project cost overruns are the sole responsibility of the Project Sponsor. The Air
District's funding obligation is limited to the"Total TFCA Regional Funds Awarded"as listed on
Attachment A. Acceptance of this funding agreement obligates the Project Sponsor to deliver the
Project according to the terms and conditions of this Agreement.
18) Force Majeure: Neither the Air District nor Project Sponsor shall be liable or deemed to be in default
for any delay or failure in performance under this Funding Agreement or interruption of services,
directly or indirectly, from the acts of God,civil or military authority, acts of public enemy,war,
strikes, labor disputes,shortages of suitable parts, materials, labor or transportation,or any similar
cause beyond the reasonable control of the Air District or Project Sponsor.
19) Governing Law: This Funding Agreement shall be construed and interpreted and the legal relations
created thereby shall be determined in accordance with the laws of the State of California.
TFCA Regional Fund Project 98R49 page 4
�_fit
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BAAQMD FY98 TFCA Funding Agreement
SIGNATURES:
by: by: Date:
Mickey Davis Ellen Garvey
Administrative Services Officer Air Pollution Control Officer
Contra Costa County General Services Dept. Bay Area Air Quality Management District
Approved as to legal farm and content:
by: by:
Legal Counsel Robert N. Kwong
Contra Costa County District Counsel
General Services Department Bay Area Air Quality Management District
TFCA Regional Fund Project 98849 Page 5
BAAQMD FY98 TFCA Funding Agreement
ATTACHMENT A
PROJECT SPECIFIC INFORMATION
[Note:The section numbers shown in parenthesis below refer to Sections in the Funding Agreement.]
1. Project Sponsor. Contra Costa County General Services Department
2. Project Number: 98R49
3. Total TFCA Regional Funds Awarded(Section III.2): $27,000
4. Total Project Cost(Section IV.15): $66,000
5. Matching Funds(Section II.13): $39,000
Source Amount
Contra Costa County General Services Department $36,000
Vehicle Sale $3,000
6. Total Line Item Project Budget:
Line Item Amount
3 -Ford E250 CNG Vans $66,000
7. Invoice and Payment Schedule(Section II.2):
The Contra Costa County General Services Department will submit an invoice for reimbursement of
seventy-five percent(75%)of the total TFCA Regional Funds awarded within fifteen(15)calendar days
after the delivery of the vans funded under this agreement.The invoice is to include documentation of
purchase and receipt of the vans.
Final Invoice: The final invoice for reimbursement of twenty-five percent(25%)of the total TFCA
Regional Funds awarded is to be submitted with the final report as listed on Attachment C.
8. Notices(Section IVA): Any written notice required is to be addressed to:
Project Sponsor: Air District:
Mickey Davis Ellen Garvey
Administrative Services Officer Air Pollution Control Officer
Contra Costa County General Services Dept. Bay Area Air Quality Management District
1220 Morello Avenue, Suite 200 939 Ellis Street
Martinez, CA 94553-4711 San Francisco, CA 94109
9. Contacts(Section IV.5): Contact persons for day-to-day activities of the Project are:
Pro`et ct Contact: Air District:
Mickey Davis Joseph Steinberger
Administrative Services Officer Environmental Planner
Contra Costa County General Services Dept. Bay Area Air Quality Management District
1220 Morello Avenue, Suite 200 939 Ellis Street
Martinez, CA 94553-4711 San Francisco, CA 94109
10. Air District Approval Date(Section IV.14): October 7, 1998
11. Special Conditions(Section II.16): By no later than August 1, 1999,the Contra Costa County General
Services Department will sell three vehicles in its fleet: a 1988 Ford Ranger Pickup,a 1986 Ford Ranger
Pickup, and a 1987 Ford Astro Van.
TFCA Regional Fund Project 98R49 page 6
E,
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.... . ............ _...._... .. .......... ......... ......... ......... ..._.... ......... ......... ......... ......... .........
_ _. ......... ......._. .........
en 4
BAAQMD FY98 TFCA Funding Agreement
ATTACHMENT B
PROJECT DESCRIPTION
The TFCA funding application dated June 3, 1998,is incorporated herein by this reference.
Project Title= Natural Gas Vehicle Demonstration—3 Medium-Duty Vehicles
Project Description: Contra Costa County will replace three gasoline powered vehicles with three medium-
duty,dedicated compressednatural gas powered vans. These vans must meet California Air Resources Board
ultra low emission or super low emission vehicle standards(ULEV, SULEV). The vans will be used by Contra
Costa County to carry supplies,equipment,tools, and staff to County-wide work locations on a'daily basis.
Project Schedule.
February 1, 1999 Issue purchase order for the three CNG vans.
June 1, 1999 Take delivery of CNG vans.
August 1, 1999 Sell County's three gasoline vehicles.
October 1, 1999 Submit final report.
Project Goal: The goal of this project is to reduce emissions of ozone precursors and:particulate matter from
vehicles operated by Centra Costa County.
TFCA Regional Fund Project 98R49 Page 7 {
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BAAQMD FY98 TFCA Funding Agreement
ATTACHMENT C
MONITORING OF PROJECT PERFORMANCE
Quarterly Reports:
Due Dates: April 15, 1999,July 15, 1"9
Contra Costa County will submit brief, informative quarterly reports to the Air District during the
implementation of the project. Each quarterly report will provide a general statement on the overall progress
of the project,highlighting activity from the most recent quarter.
Project Monitoring Requirements and Final Report:
Due Date: October 1,19"
The Final Report shall contain the following:
1. A description of the vans purchased as part of the Project, including make,model,engine type,and
Vehicle Identification Number.
2. Documentation showing the sale of the 1988 Ford Ranger Pickup, 1986 Ford Ranger Pickup,and
1987 Ford Astro Van being replaced as specified in Attachment A, Paragraph 11,Special
Conditions.
3. Copies of any press articles,press releases,newsletter articles and any other publicity materials
regarding the Project.
TFCA Regional Fund Project 98R49 Page 8
1116-
TO:
f jvTO: BOARD OF SUPERVISORS CC7Cltrc
1
FROM: Edward P. Meyer, Agricultural Commissioner - Costs.
Director of Weights Measures
\
County
DATE: January 19, 1999 '
SUBJECT: Pest Exclusion Program Contract for December 1, 1998
through June 30, 1999
SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECttMNDATI0N
Authorize the County Agricultural Commissioner to sign an Agreement between
the County and California Department of Food and Agriculture (CDFA) . This
Agreement (#98-0345) authorizes reimbursement to the County in the amount of
$87,921.90 to perform high-risk inspection services for CDFA as required by
Chapter 870/98 (AB 2283) .
BACKGROUND
In January, 1997, SB-2062, Chapter 635, Statues of 1996 (authored by Senator
Don Rogers) became law and encouraged a study to be conducted to evaluate
the statutory and regulatory responsibilities and appropriate funding
sources for county agricultural commissioner programs. The study was to
place priority upon the pest exclusion program and also .review essential
county agricultural commissioner's responsibilities and identify
opportunities for improving and funding mandated activities.
Recent legislation (AB 2283) was passed as a result of this study. This
legislation was geared toward funding high-risk exclusion activities
performed by the County Agricultural Commissioners throughout the State.
Agreement No. 98-0345 sets activity levels that are designed for Contra
Costa County based on historical workloads, costs and a negotiated work-plan
to maintain optimal service levels. The agreement improves the service
level of high-risk exclusion activities in the county. The agreement also
provides State funding to recover the costs of these activities.
C��,ONTINUED ON ATTACHMENT: - SIGNATURE: 'lr.frirl
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE !
APPROVE OTHER
NATURE(S)-.,y9yd,le Z&
S
ACTION OF BOARD ON APPROVED AS RECOMMENDED k 0
VOTE OF SUPERVISORS
��//
I HEREBY CERTIFY THAT THIS IS A TRUE
_X _UNANIMOUS(ABSENT oeQkg .+^ } 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. p
--r—
ATTESTED
Contact: B. Cruickshank - 6-5250 PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor
BY DEPUTY
'..........................................1.11.......................................................................................................................................................
. ... . ................................................................................. .......
1998/99
Agreement Number 98-0345
between
California Department of Food and Agriculture
Pest Exclusion Program
and
County of Contra Costa
This memorandum is between the County of Contra Costa(County) and the California Department
of Food and Agriculture (CDFA) to fulfill the requirements imposed by Chapter 870/98 (AB
2283). The purpose of this Agreement is for the County to perform high—risk inspection services
Ln
for CDFA, and for CDFA to reimburse the County for these inspection activities.
General Scope of Services
The County will furnish all equipment and labor necessary to perform inspection and enforcement
activities at an optimal level. The activities under this Agreement shall be completed within the time
frame outlined.
• The County will perform high—risk pest exclusion activities as required by Chapter 870/98, (AB
2283) attached as Exhibit A, and by this reference made a part hereof, to maintain an optimal
service level pest exclusion program.
C�
• The County will perform the activities agreed upon between the County and CDFA as shown in
the attached Negotiated Work Plan, which is attached and incorporated as Exhibit B.
Terms of Agreement
This Agreement shall be effective December 1, 1998 through June 30, 1999, The total amount
payable under this Agreement shall not exceed$87,921.90 which is Contra Costa County's share
of the$5,000,000 funding that is available for high—risk pest exclusion activities. This amount is
derived from the 1998/99 estimated high—risk pest exclusion annual cost of$232,312.70 you
submitted based on the hourly cost to perform these activities as outlined in Exhibit B.
Payment shall be made monthly in arrears upon submission and approval of an itemized invoice
(Exhibit Q and monthly submission of a completed Report Form 4a(Exhibit D). The itemization
on the invoice,shall include the percentage rate of overhead charged by the County on the high—risk
pest exclusion activities. The County shall submit this itemized,monthly invoice,in triplicate,
referencing Agreement number 98-0345 and send to: California Department of Food and
Agriculture,Pest Exclusion Branch, 1220 N Street, Suite A-372, Sacramento, California 95814.
Z.-
This Agreement shall not be effective unless signed by both parties and approved by the
Department of General Services, if required.
Resolutions
A copy of a resolution, order,motion, or ordinance of the local governing body having, by law, the
authority to authorize execution of this Agreement must be included when the contracting party is a
county.
. xZ
Recycled Content Certification
Contractor hereby certifies under penalty of perjury, that (enter value or "zero" if
unknown) percent of the materials, goods, supplies offered, or products used in the performance of
this contract meets or exceeds the minimum percentage of recycled material as defined in Sections
12161 and 12224 of the Public Contract Code.
American with Disabilities Act(ADA) omplianc_e
By signing this agreement, Contractor assures the State that it complies with the Americans with
Disabilities Act (ADA)of 1994, (42 U. S. C. 12141 et seq), which prohibits discrimination on the
basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
]2mg,-Free 'Workplace Act of 1994 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 reuuirements of
the Drug-Free Workplace Act of 1994 (Government Code Section 8354 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 Beard 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
Reiations Board (Public Contract Code Section 14296).
:Illy
Statement of Compliance
The Contractor's signature affixed hereon and dated shall constitute a certification under penalty of
penury under the laws of the State of California that the Contractor has, unless exempted, complied
with the nondiscrimination grogram requirements of Government Code Section12990 and Title 2,
California Code of Regulations Section 8103.
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 Genera?'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.
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 Budzet Act of the current vear 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 gay 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.
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Invoices and Payments
The County shall render invoices in arrears,in triplicate,for charges in accordance with the payment
provisions of this Agreement. Payment shall be made in accordance with the State Prompt Payment
Act.
Labor Code(Worker's Compensation
County certifies that it complies with Labor Code Section 3700 which requires every employer to
be insured against liability for Worker's Compensation or to undertake self—insurance in
accordance with the provisions of that Code.
Subcontracting
County shall not subcontract any services under this Agreement without prior written approval of a
CDFA representative authorized to agree to such subcontracting.
Professional Work
All work is to be performed in accordance with all acceptable State standards.
APPROVED AND AGREED TO:
CA Department of Food and Agriculture County Agricultural Commissioner
Date Date
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
THIS DOCUMENT Use Only
$81,921.90 20.15.81 General
PRIOR AMOUNT ENCUMBERED (OPTIONAL USE)
FGR THIS AGREEMENT
$ ITEM CHAPTER STATUTE FISCAL YEAR
TOTAL AMOUNT ENCUMBERED 8570-101-0001 324 1998 1998/99
TO DATE
oB3Ecr OF EXPENDITURE(CODE AND TITLE)
$87,921.90 70207
I hereby certify upon my own personal knowledge that budgeted funds are T:B.A,NO. B.R.NO.
available for the period and a of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
AGREEMENTOR 4J STATE AGENCY tJ DEPT OF GEN SER CONTROLLER
Assembly B111 o. 2283
CH�-PTI ER 877 0
An act to amend,repeal,and add Sections 2272 and 2282 of,and to
add and repeal Sections 2282.5 and 2287 of,the Food and Agricultural
Code,relating to pest control,and declarhig the urgency thereof,to
take.effect immediately.
(approved by Governor September 26,!998.Hed
with Secretary of State September 28,1998.1
LEGISLaTr a COUNSEL'S DIGEST
AB 2253, Committee on Agriculture. Pest control.
(1) Ejist ing law authorizes the Secretary of Food and Agriculture
or the Director of Pesticide Regulation to allocate annually to each
county an amount not to exceed 1l3 of the amount expended by the
county during the previous fiscal year for programs of ,joint
responsibility under the jurisdiction of the secretary or the director.
This bill would require that the development of work plans for
allocation of the funding appropriated in a specified item of the
Budget Act of 1998 be the responsibility of the Department of Food
and Agriculture.The bill would require the department to establish
criteria for the de aeloi) ent of the work plans and for allocating the
funds, as specified.The bill would require $5,000,000 of the amount
appropriated in a specified item of the Budget Act of 1998 to be
utilized solely for high-risk pest,exclusion activities. The bill would
require the work plans to be developed by the department with the
county agricultural_commissioners and in consultation with affected
industry representatives. The imposition of this requirement upon
the commissioners would constitute a state-mandated local program.
The bill would prohibit hands allocated for high-risk pest exclusion
pursuant to the trill from being expended for any purpose other than
the exclusion of high.-risk pests,as prescribed.The bill would prohibit
funds allocated by each county from being reallocated to other
specified programs until the county wort: plan is approved by the
department consistent with the funding approved in the Budget Act
of 1998 for this purpose. The bill also would require each county,in
order to remain eligible for funding under the bill, to maintain
support of ongoing operational costs of specified county agricultural
commissioner programs at 1997-98 levels.
(2) Existing law provides for the appointment of a county
agricultural commissioner in each county who,among other things,
is responsible for the enforcement of pest control laws and
regulations within that county.
88
t >
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Ch. 87o —2—
This bill would authorize the commissioner,upon determining that
it is necessary to more effectively or more efficiently carry out a pest
control program,as specified, to enter into a mutual aid agreement
with other counties for the purpose of sharing staff, equipment,
expertise, information, and other resources necessary to meet the
needs of the program.
(3) Existing law requires each county agricultural commissioner
to make an annual report to the Secretary of Food and Agriculture
on the condition of agriculture in his or her county and on what is
being done to eradicate, control, or manage pests, and actions
relating to the exclusion of pests or quarantine against pests.
This bill would authorize, rather than require, each county
agricultural commissioner to prepare the annual report and would,
require each county agricultural commissioner to submit,on:a form
approved by the secretary, a monthly report to the secretary
concerning the commissioner's activities in specified joint programs.
This requirement would impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for maldng that
reimbursement, including the creation of a State Mandates Claims
Fund to pay the costs of mandates that do not exceed $1,000,000
statewide and Other procedures for claims whose statewide costs
exceed$1,000,000.
This bill would provide that,if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made from funds
appropriated in a specified item of the Budget Act of 1998.
(5) The changes proposed by this bill would be repealed July 1,
1939.
(6) The bill would declare that it is to take effect immediately as,
an uxgency'statute.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares that the
exclusion of exotic pests from California is of paramount importance
in maintaining the economic vitality of this state'.
SEC. 2. Section 2272 of the Food and Agricultural Code is
amended to read:
2272. (a) The commissioner shall submit,on a form approved by
the secretary, a monthly report to the secretary concerning the
commissioner's activities in the programs listed in paragraphs (1) to
(10),inclusive,of subdivision (b) of Section 2282,The commissioner
may prepare an annual report on the condition of agriculture in his
or her county and on what is being done to eradicate, control, or
manage pests, and actions relating to the exclusion of pests or
88
-3— Ch. 870
quarantine against pests. The commissioner may include in the
annual report information relating to organic farming methods,
biotechnology, integrated pest management, and biological control!
activities in the county. The commissioner shall also furnish from!
time to time to the director any other information the director may,
require.
(b) This section shall remain in effect only until Judy 1, 1999,and
as of that date is repealed, unless a later enacted statute that is
enacted before July 1, 1999, deletes or extends that date.
SEC.3. Section 2272 is added to the Food and Agricultural Code,
to read.
2272. (a) The commissioner shall make an annual report to the
director on the condition of agriculture in his or her county and on
what is being done to eradicate,control,or manage pests,and actions'
relating to the exclusion of pests or quarantine against pests. The
commissioner may include in the annual report information relating
to organic farming methods, biotechnology, integrated pest
management, and biological control activities in the county. The
commissioner shall also furnish from time to time to the director any
other information the director may require.
(b) This section shall become operative July 1, 3999.
SEC. 4. Section 2282 of the Food and Agricultural Code is
amended to reads
2282. (a) Except as provided in Section 2282.5, the Secretary of
Food and Agriculture or the Director of Pesticide Regulation may
allocate�annually to each county an amount determined by the
secretary or the director not to exceed one-third of the amount
expended by the county during the previous fiscal' year for the
programs of joint responsibility.The allocations shall be made from
funds appropriated to the secretary or the director for purposes of
carrying out activities of joint responsibility with the commissioners
at the local levels.
(b) The annual report to the Legislature described in Section 2281
shall include his or her findings for each of the following joint
programs, including the amounts allocated to and expended by the
counties in the previous fiscal year and the proposed amount to be
allocated by the secretary for each program for the ensuing budget
year;
(1) .fest detection.
(2) Pest eradication,
(3) Pest management control.
(4) Pest exclusion.
(5) Seed inspection.
(6) Nursery inspection.
(7) Fruit and vegetable quality control.
(8) Egg quality control.
(9) Apiary inspection.
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1f
Ch. 870 4—
(10)
—(10) Crop statistics.
The report shall also specify the programs that have been
augmented with state funds each year since 1980 because of new
legislative mandates, or because of pest infestations or outbreaks
occurring since that date, and the annual amounts of those
augmentations.
(c) This section shall remain in effect only until July 1, 1339, and
as of that date is repealed, unless a later enacted statute that is
enacted before July 1; 1999, deletes or extends that date.
SEC.5. Section 2282 is added to the Food and.Agricultural Code,
to read:
. 2282. (a) The Secretary of Food and Agriculture or the Director
of Pesticide Regulation may allocate annually to each county' an
amount determined by the secretary or the director not to exceed
one-thud of the amount expended by the county during the previous
fiscal year for the programs of joint responsibility tinder the
jurisdiction of the secretary or director,as applicable.The allocations
shall be made .from funds appropriated to the secretary or the
director for purposes of carrying out activities of joint responsibility
with the commissioners at the local levels.
(b) The annual report of the Secretary of Food and.Agriculture to
the Legislature required by'Section 2281 shall include his or her
findings for each of the following joint programs, including the
amounts allocated to,and expended by,the counties in the previous
fiscal year and the proposed amount to be allocated by the secretary .
for each program for.the ensuing budget year:
(1) Pest detection.
(2) Pest eradication.
(3) Pest management control.
(4) Pest exclusion.
(5) Seed inspection.
(6) Nursery inspection.
(7) Fruit and vegetable quality control.
(8) Egg quality control.
(9) Apiary inspection.
(10) Crop statistics.
The report shall also specify the programs that have been
augmented with state funds each year since 1980 because of new
legislative mandates, or because of pest infestations or outbreaks
occurring since that date, and the annual amounts of those
augmentations.
(c) This section shall become operative July 1, 1999,
SFC. 6: 'Section 2282.5 is added to the Food and AgriculturalCode,to read.-
2282.5.
ead:2282.5. (a) The development of work plans for allocation of the
funding appropriated in Schedule (a) of Item 8570-101-1001 of
Section 2.00 of the Budget Act of 1998 shall be the responsibility of the
1-�-.9
5-- Ch. 870
department. The department shall establish criteria for the
development of the work plans and for allocating the appropriated
funds.
(b) Of the amount appropriated in Schedule (a) of! Item
8570-101-t!MI of Section 2.00 of the Budget Act of 1998, five million
dollars ($5,000,000) shall be utilized solely for high-risk pest exclusion
activities.The work plans for the exclusion of high-risk pests shall be.
developed by the department with the .county agricultural
conuniss overs and: in consultation with affected industry
representatives.In order to determine the effectiveness of high.-risk
pest exclusion programs in each county, the criteria established by
the department for the work plan shall include, but need not be
limited to, the following:
(1) The number of high-risk plant shipments entering each
county. I .
(2) The number of high-risk entry points in each county.
(3) The number of state action quarantine pests intercepted or
detected annually in each county.
(4) The work hours expended by each county in conducting
exclusion of high-risk pests.
(5) The rate of interceptions and rejections per inspection
activity.
(c) To remain eligible for funding under this section, a county
shall maintain its support of ongoing operational costs of the county
agricultural commissioner programs listed in subdivision. (b) of
Section 2282,at 3997-r98 fiscal year levels. -
(d) Funds allocated for high-risk pest exclusion activities pursuant
to subdivision (b) may not be expended for any purpose other than
the exclusion of high-risk pests consistent with the work plans
prescribed in subdivision. (a).Funds allocated by each county on the
effective date of the act adding this section during the 1997-98
Regular Session of the Legislature shall not be allocated to other
programs listed in subdivision (b) of Section 2282 until the county
work plan is approved by the depart3nent consistent with the funding
approved in the Budget Act of 1998 for this purpose.
(e) This section shalll remain in effect only until July 1, 1999, and
as of that date is repealed, unless a later enacted statute that is
enacted before July 1, 1999, deletes or extends that date.
SEC.7. Section 2287 is added to the Food and Agricultural Cade,
to read:
2287. (a) Whenever the commissioner determines that it is
necessary to more effectively or more efficiently carry out a program
listed in subdivision (b) of Section 2282,the commissioner may enter
into a mutual aid agreement with other counties for the purpose of
sharing staff,equipment,expertise,information,and other resources
necessary to meet the needs of the program.
sit
. 'r
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_ ......................_.. ......... ......... ......... ......... ......... ......... ......... ................_.
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Ch. 870 g_"
(b) This section shall remain in effect only until July 1, 1999, and
as of that date is repealed, unless a later enacted statute that is
enacted before July 1, 19%, deletes or extends that date.
SEC.8. Notwithstanding Section 17610 of the Government Code,
if the Committee on State Mandates determines that this act contains:
costs mandated by,the state,reimbursement to local agencies and
school districts for those costs shall be made from funds appropriated
in Schedule (a) of Item 8570-101-0001 of Section 2.00 of the Budget
Act of 19%to which those entities would not otherwise be entitled.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified,the provisions of this act shall become operative
on the same date that the act takes effect pursuant to the California
Constitution.
SEC.9. This act is an urgency statute necessary for the ixnmed ate
preservation of the public peace,health,or safety within the meaning
of Article IV of the Constitution and shall go into immediate effect.
The facts constituting the necessity are: .
In order to stem the now of exotic pests into the state at the earliest
possible date,it is necessary for this act to take effect immediately.
0
88
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317
On county letterhead
1998/99 HIGH RISK PEST EXCLUSION ACTIVITIES
Invoice for the period from to 1998
New Activity
Total hours
Cost..per hour
Total Cost
Year to Date
Summary
Total Contract
Expenditures to date
Balance available
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........-.....................................................................................................................................................
..................................................................................................................................
.............
TO: BOARD OF SUPERVISORS
William Walker, M.D. , Health Services Director
FROM: By: Ginger Marieiro, Contracts Administrator
Contra
Costa
DATE: December 17, 1998 County
SUBJECT: Approval of Contract #27-354-1 with Gurunalt Rajapuram, M.D.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
Approve and authorize the Health Services Director, or his designee
(Milt Camhi) , to execute on behalf of the County, Contract #27-354-1
with Gurunalt Rajapuram, M.D. , for the period from December 1, 1998
through November 30, 1999, for the provision of professional health
care services for the Contra Costa Health Plan, to be paid in
accordance with the rates provided in the Medi-Cal Schedule of Maximum
Allowances in effect on the date services are rendered.
FISCAL IMPACT:
This Contract is funded by Contra Costa Health Plan member premiums .
Costs depend upon utilization. As appropriate, patients and/or third
party payors will be billed for services .
BACKGROUND/REASON(S) FOR RECOMMENDATION(S) :
On March 24, 1998, the Board of Supervisors approved Contract #27-354
with Gurunalt Rajapuram, M.D. , for the period from December 1, 1997
through November 30, 1998, for professional health care services to
Contra Costa Health Plan (Health Plan) members .
The Health Plan has an obligation to provide certain specialized
professional health care services for its members under the terms of
their Individual and Group Health Plan membership contracts with the
County.
The Health Plan is also required under the terms of its Local
Initiative contract with the State, to contract with community,
physicians and other providers, called "Safety Net" and "Traditional"
Providers, for the provision of medical care to Medi-Cal recipients.
Approval of this Contract will allow the Contractor to provide
professional health care services to Health Plan members through
November 30, 1999 .
CON
TINUED ON ATTACHMENT:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIG. ATUREQ:
ACTION OF BOARD ON J-�)nL4.,Sr&j APPROVED AS RECOMMENDED X &T++Eft
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE
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
�L4 @ rt" 15r
PHIL BATCHELOR,06fRK a THE BOARD OF
ContactPerson: Milt Camhi (313-6004) SUPERVISORS AND COUNTY ADMINISTRATOR
CC: Health Services(Contracts)
Risk Management
Auditor Controller B DEPUTY
Contractor