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Home My WebLink AboutMINUTES - 07131993 - 1.76 1. 76 TO: BOARD OF SUPERVISORS Contra John H. deFremery, Agricultural Commis ion Costa FROM: Director Weights & Measures .:: .:• � County • p.;♦ 40 DATE: June 11, 1993 State Egg Quality Enforcement Contract for Fiscal Year 1993-94 SUBJECT: SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize Chairman, Board of Supervisors to sign a contract with the California Department of Food and Agriculture. Contract No. 93-0007 proposes to reimburse the County $1,286 for work activities relating to enforcement of egg quality control. The Contract is effective July 1, 1993 through June 30, 1994 . 1 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 APPROVE OTHER SIGNATURES: ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER r VOTE OF SUPERVISORS X r 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 TONELO ,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR �e - BY DEPUTY l• M382 (10/88) STATE OF CALIFORNIA r v STANDARD AGREEMENT— APPROVED CONTRACT NUMBER AM.NO. ATTORNEY GENERAL STD.2(REV.5.91) 93-0007 3rd JUNE 93 TAXPAYJT F�D6F 6�6WYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this day of , 19—, QQ lU1(UJ'U�J 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 FOOD AND AGRICULTURE ,hereafter called the State,and CONTRACTOR'S NAME COUNTY OF CONTRA COSTA ,hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion,and attach plans and specifications,if any.) Contractor shall perform enforcement services in accordance with the attached "Method of Procedure for Enforcement of Department of Food and Agriculture Standards", identified as . Exhibit "A" and by this reference made a part hereof. This agreement shall be for the period commencing July 1, 1993 through June 30, 1994, and must be returned within 45 days after receipt by Contractor. The total amount payable is outlined in the attached Fiscal Display. Exhibit "B" displays the State enforcement fund- ing for retail monitoring and wholesale inspection. Payments will be made quarterly upon submission of completed Form 9 and identified with the Contract Number to: California Department of Food and Agriculture, Egg quality Control, 1220 ,q Street, Sacramento, California 95814. CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR(it other than an individual,stale whether a corporation.partnership,etc.) DEPARTMENT OF FOOD AND AGRICULTURE COUNTY OF CONTRA COSTA BY(AUTHORIZED SIGNATURE) Y(AUJJiBR1LE�51G RE) PRINTED NAME OF PERSON SIGNING PAINTED NAME AND TITLE OF PERSON SIGNING JEAN WALKER TITLE I ADDRESS CONTRACT MANAGER AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE Department of General Services DOCUMENT Use Only 40.50.00E alit Control GENERAL y $ 1,286.00 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ —0— ITEM CHAPTER STATUTE FISCALYEAR TOTAL AMOUNT ENCUMBERED TO 8570-001-001 '93 93/94 DATE OBJECT OF EXPENDITURE(CODE AND TITLE) GEN. SERV. DEPT. APPROVAL $ 1,286.00 569007 NOT REQUIRED PER I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO. .SAM 1215'5 are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE D CONTRACTOR El STATE AGENCY DEPT.OF GEN.SER. CONTROLLER ❑ I Page Two Agreement No. 93-0007 County of Contra Costa RESOLUTIONS A copy of a resolution, order, motion, or ordinance of the local governing body by law having authority to enter into proposed contract authorizing execution of agreements must be included when contracting. parties are county,city, district, boards or commissions. (Stale Administrative Manual Section 1204 i 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 (Government Code Section 4600 and California Code of Regulations Section 300 et seq.,Title 1). SUBCONTRACTING Contractor shall not subcontract any services under this contract without prior approval of the State's representatives. AMENDMENT/CANCELLATION This agreement may be amended upon written mutual consent, or canceled by either party, upon thirty (30) days written notice unless otherwise stated (State Administrative Manual Section 1247). BUDGET ACT It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this 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 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 Administrative Manual Sections 1215 and 1216). PERSONAL SERVICES This contract has complied with the Standards set forth in Government Code Section 19130(b), Public Contract Code Section 10337 and State Administrative Manual Sections 1249 and 1268. 88-04-P.E., (REV. 5/93) (3) EXHIBIT "A" Agreement No. 93-0007 METHOD OF PROCEDURE FOR ENFORCEMENT OF DEPARTMENT OF FOOD & AGRICULTURE STANDARDS PART I - STATE RESPONSIBILITIES The State supervising inspector will assume responsibility for coordinating the training and supervision of inspectors/biologists, interpretation and application of grades, and methods of making inspections. i The State will provide for the collection of the necessary fees from the egg industry and compensate the county for the following services: 1. CALIFORNIA ENFORCEMENT (mill fee): An amount based upon the number of 100 egg samples to be examined at packing, distribution, and retail outlets for retail monitoring, origin inspection, and probable cause of complaint inspections. PART II - COUNTY DEPARTMENT OF AGRICULTURE The County will maintain hourly work records for each inspector/biologist on a daily basis showing services performed under this agreement together with copies of egg inspec- tion work sheets that show the quality of eggs inspected, eggs rejected, and 100 egg samples inspected. Copies of the work sheet will be given to the plant management after each inspection. Quarterly payments in arrears will be made as outlined in the Contract and in agreement with attached Fiscal Display for wholesale and retail inspections. To receive the maximum payments for wholesale and retail inspections, the minimum number of 100 egg samples must be inspected at the wholesale and retail level. If the minimum number of 100 egg samples are not inspected by the end of each quarter at wholesale and by the end of the contract year at retail, payments will be made at the specified rate per sample. County will furnish the necessary inspection equipment, transportation, office space, supplies, and support services for carrying out the inspection work under this agreement. PART III - ADDITIONAL PROVISIONS State supervisors will have the right to enter the County at any time where work is being done under this agreement to observe the actual inspection of eggs. All licensed certified inspectors/biologists shall adhere to the California Food and Agricultural Code, Part 4, Chapter 1; California Code of Regulations Title 3, Part 4, Chapter 1; Egg Inspection Manual; and program enforcement policies. State and County personnel will keep each other informed on all activities pertaining to inspections made pursuant to this agreement. In the performance of services, the State shall be responsible .for any liability result- ing from the negligent or wrongful acts or omissions of its officers, agents, and employees and the County shall likewise be responsible flor their wrongful acts, etc. EXHIBIT "B" Agreement No. 93-0007 COUNTY OF CONTRA COSTA FUNDING AND INSPECTION DISPLAY STATE ENFORCEMENT RETAIL MONITORING Minimum 100 egg samples to be inspected 76 Funding per 100 egg samples $16. 12 Maximum Funding $1, 225. 12 WHOLESALE INSPECTION Minimum 100 egg samples to be inspected 4 Quarterly 100 egg samples to be inspected 1 Quarterly Funding $15.26 Funding per 100 egg samples $15.26 Maximum Funding $61. 02 TOTAL STATE ENFORCEMENT $1, 286. 14 STATE OF CALIFORNIA PETE WILSON, �overnor DEPARTMENT OF FOOD AND AGRICULTURE r 1 1220 N Street ; T Sacramento, CA 95814 1 County Agricultural Commissioner Enclosed for your Board of Supervisors' approval are seven (7) copies of your contract. Please have all copies signed by the Chairman, or an authorized person, of your Board of Su�y-rvisors. You may retain one copy for your pending file. Please return six (6) opies and a Resolution or Minute Order authorizing execution to: Department of Food and Agriculture Contracts Office Room 155 1220 N Street Sacramento, California 95814 Please sign and return 'the attached Drug Free Work Place form (Gov. Code Section 8355) and return with the signed agreements. After completion of processing of these documents, two (2) signed copies will be returned to you for your county records. J an Walker Contract Manager (916) 654-0808 Enclosures