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Home My WebLink AboutMINUTES - 06081993 - 1.6 (2) TO: BOARD OF SUPERVISORS ESE-L onTra FROM: John H. deFremery, Agricultural Commiionpr - •� Costa Director Weights & Measures County �q,tib y�C DATE: May 18., 1993 SUBJECT: State Pesticide Enforcement Contract for Fiscal Year 1993-94 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize .Chairman, Board of Supervisors, to sign .a contract with the California Department of Pesticide Regulations . Contract No. 93-0066 proposes to reimburse the County $61,828 for work activities relating to the enforcement of Pesticide Regulations. BACKGROUND The County Department of Agriculture enforces Pesticide Regulations and Worker Safety Regulations pertaining to pesticide use. The State reimburses the County for regulatory activities which. exceed historical levels . CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS 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. CC: ATTESTED PHIL BAT ELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY ,DEPUTY STAT-_OF.CALIFaRNIA STANDARD AGREEMENT- APPROVED BY THE CONTRACT NUMBER 7M.NO. ATTORNEY GENERAL STD.2(REVS-91) 93-0066 TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION N!n.' THIS AGREEMENT,made and entered into this 11th day of MAY 19 93 94-6000509 in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY DIRECTOR DEPARTMENT OF PESTICIDE REGULATION hereafter called the State, and CONTRACTOR'S NAME COUNTY OF CONTRA COSTA hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) Contractor to perform enforcement of pesticide permit regulations established by the California Code of Regulations, Title 3, Division 6, Chapter 2, Subchapter 4, Article 3, Section 6428. This agreement shall be effective commencing July 1, 1993 through June 30, 1994. This agreement must be signed and returned within 45 days after receipt by Contractor. The Contractor shall be reimbursed by submitting an itemized invoice in triplicate for services rendered quarterly in arrears and identified with the contract number to: Department of Pesticide Regulation, Douglas Okumura, Chief, Pesticide Enforcement Branch, 1220 N Street, Room A-170, Sacramento, California, 95814. Total amount payable under this agreement shall not exceed the amount shown in Exhibit "A". The Contractor will enforce and implement these regulations adopted under Chapter 308, Statutes, of 1978 in accordance with the attached "Protocol-Restricted Material Issuance and Follow-Up" identified as Exhibit "A" and by this reference is made a part hereof. CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. (Continued) The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(It other than an individual,slate whether a corporation,partnership,etc.) DEPARTMENT OF PESTICIDE REGULATION COUNTY OF CONTRA COSTA ID (AUTHORIZED SIGNATURE) BY(AUTHORIZ , U 16V,11 ?RINTED NAME OF PERSON SIGN WG PRINTED NAME AND TITLE OF PERSON SIGNING JAMES W. WELLS ITLE ADDRESS AMOUNT ENCUMBERED BY THIS PROGRAWCATEGORY(CODE AND TITLE) FUND TITLE DOCUMENT Department OJ General SBfVICBS 10.20.81 Regulatory Enf, GENFRAT, Use Only $61,828.00 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT County Subvention ITEM CHAPTER STATUTE FISCAL YEAR -093 94 TOTAL AMOUNT ENCUMBERED TO 3930-101-001 '93 DATE OBJECT OF EXPENDITURE(CODE AND TITLE) $61,828.00 701407 l he, certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. are available for the period and purpose of the expenditure stated above. ;IGNATURE OF ACCOUNTING OFFICER DATE 0 CONTRACTOR STATE AGENCY F-1 DEPT.OF GEN.SER. El CONTROLLER 0 Page Two RESOLUTIONS County of Contra Costa Contract No. 93-0066 A copy of a resolution, order, motion, or ordinance of the local governing body by law having authority to enter into proposed contract authorizing execution of agreements must be included when contracting parties are county, city, district , boards or commissions . (State Administrative Manual Section 1208) . DISPUTES Any dispute concerning a question of fact arising under the terms of this agreement .which is not disposed of within a reasonable period of time (ten days ) by the Contractor and State employees normally responsible for the administration of this Contract shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. SUBCONTRACTING Contractor shall not subcontract any services under this contract without prior approval of the State's representative. AMENDMENT/CANCELLATION This agreement may be amended upon written mutual consent, or cancelled by either party upon thirty (30) days written notice unless otherwise stated (State Administrative Manual Section 1247) . BUDGET ACT It mutually agreed that if the Budget Act of the c-srrent year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program this contract shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this contract and the Contractor shall not be obligated to perform any provisions of this contract. AUDIT It is hereby mutually agreed that the 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 Section 10532) . 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. APPROVAL This contract .shall not be considered effective until signed by both parties and approved by the Department of General Services if required (State Admin- istrative Manual Sections 1215 and 1216). 88-G4-P.E. Rev. 12/89 (1) Exhibit "A" to Agreement No. 93-0066 County of Contra Costa PROTOCOL PERSONNEL YEARS 2.0 RESTRICTED MATERIALS ISSUANCE AND FOLLOW-UP Evaluation of Restricted Materials Permit The county shall: 1. Verify completeness of information. 2. Locate application site(s) . For example, on county map, aerial photo, or map supplied by the grower. (Site = no larger than the farm operator's contiguous property; no smaller than one crop location.) 3. Evaluate surrounding areas that could be adversely impacted such as residential areas, waterways, schools, etc . 4. Decide if standard county permit conditions are adequate for each site. Add any necessary permit conditions by site. 5. If, in the county agricultural commissioner's judgment, adequate special permit conditions do not exist, determine the feasibility of alternatives. If there are feasible alternatives, deny permit. 6. Inform permittee of Notice of Intent (NOI) requirements, safety information series requirements, availability of pest management guides, and pesticide use reporting requirements. 7. Issue permit or deny with cause. Review of Notices of Intent The county shall: 1. Read or listen to all NOIs submitted, using the following criteria for evaluation, and compare against the permit if necessary. a. Locations of the application. b. Environmental conditions have changed since the permit was issued (local knowledge or specified in NOI) . C. Individual has a history of noncompliance. d. Should this NOI be included in the five percent annual monitoring? Page 2 of 2 Exhibit "A" to Agreement No. 93-0066 County of Contra Costa Preapplication Site Inspection The county shall: 1. Select sites for inspection from those NOIs identified during review. a. Compare against permit. b. Determine if proposed application will be in compliance with permit conditions. 2. At the site, determine if environmental conditions are as described in permit/NOI. 3. Determine basis for application: a. What is the basis? b. Is pest a logical or expected one? C. Is pest consistent with permit? d. If written recommendation was made, was method of determining need acceptable? Field evaluation of pest condition necessary only when 3(a) through (d) show a problem or when the pest control operator's compliance history warrants. 4. If environmental conditions are different, or if basis for application is inadequate, amend permit or stop application. Personnel Years Personnel years - 2.0 1778 hours = 1 work year or 3556 hours @ $17.39 = $61 ,828 DEPARTMENT OF AGRICULTURE Contra Costa County Date: May 18, 1993 To: Phil Batchelor, County Administrator Attn: Lisa Driscoll From: John H. deFremery, Agricultural Commissioner - Director, Weights & Measures Subject: State Pesticide Enforcement Contract FY 1993-94 The purpose of this memo is to request that your Board authorize the Department to enter into a Standard Agreement with the Department of Pesticide Regulations . Standard Agreement contract number 93-0066 will allow the California Department of Pesticide Regulations to reimburse the County for work activities relating to the enforcement of Pesticide Regulations for FY 1993-94 . RECOMMENDATION In consideration of the State' s request it is recommended that the Board approve the aforesaid agreements . Please have your Board Chairman sign all six copies of the contract and the Drug-Free Workplace Certification and return them to our office for processing. JdF:s f CONTRA COSTA COUNTY RECEIVED MAY 1 91993 OFFICE OF COUNTY ADMINISTRATOR