HomeMy WebLinkAboutMINUTES - 06281994 - 1.5 (2) TO:' BOARD OF SUPERVISORS Contra
FROM: John H. deFremery, Agricultural Commissioner '
Costa
Director of Weights & Measures
QST �P
County
DATE: June 7, 1994 °jS
SUBJECT: State Contract - Fiscal Year 1994-95
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize Chair, Board of Supervisors, to sign a contract with the
Department of Pesticide Regulations . Contract No 94-PR16 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 ')9 4 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. p
CC: Agriculture- ATTESTED ` ° 3 1 1�
Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD OF
CAO SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: Jack deFremery 646-5250
BY (vg a DEPUTY
M382 (10/88)
,STATE OF 6ALIFORNIA
STAND.� APPROVED BY THE CONTRACT NUMBER I AM.NO.
D AGREEMENT ATTORNEY GENERAL 94-PR16
STD.2 REV.5-91)
TAXPAYER'S FEDERAL EMPLOYER
23rd March 94 IDENTIFICATION NUMBER
THIS AGREEMENT, made and entered into day of 119 94-6000509
1N&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, 1994 through June 30, 1995. 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, Attention Lynn Owen, Sr. Pesticide Use Specialist,
Pesticide Enforcement Branch, 1020 N Street, Room 300, 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 made a part hereof.
This Agreement shall not be considered effective until signed by both parties and approved by
the Department of General Services, if required.
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 (Ifoth han an individual,state whether corporation,partnership,etc,)
DEPARTMENT OF PESTICIDE REGULATION C TY 0 NT)4 COSTA
BY(AUT IZED SIGNATURE) BY(A THORIZ 5 SIGNATU E)
X 11- ht�s;,-- x6,44
d PRINTED NAME OF PERSON SIGNING PRINTED 4 AME AND TITLE OF PERSON SIGNING
.� /JAMES W. WELLS
TITLE ADDRESS
DIRECTOR
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE
THIS DOCUMENT Program 17 -PR—/_ Department of General Services
$ 61,828.00 t� se
(OPTIONAL USE) Fouts POLICY ntmceT
THISCOPRIOR MOUNTENCUMBEREDFOR Local Assistance Department of General Services
i THIS CONTRACT P
ITEM O O CHAPTER STATUTE FISCAL YEAR APPROVED P P R ® V E D
$ -0 3930-101 t�94 94/95 �C
TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE(CODE AND TITLE)
DATE
$ 61,828.00 701407, JUL 2 1194
1 hereby certify upon my own personal knowledge that budgeted funds are T.B.A.NO. B.R.NO. ORIGINAL SIGNED BY
available for the period and purpose of the expenditure stated above. BY JOHN G. BRAKKE
SIGNATURE OF ACCOUNTING OFFICER DATE ASO.Chief Counsel
X r ",_ R�� P7/L,3 ./(7 � I I—,-
LCONTRACTOR ❑ STATE AGE ❑ DEPT.OF GEN.SER. CONTROLLER ❑ -
Agreement No. 94-PR16
Page Two
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, Agents, and
employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, materialmen, laborers and any other person, firm or corporation-furnishing or supplying
work, services, materials or supplies in connection with the performance of this contract, and from any
and all claims and losses accruing or resulting to any-person, firm or corporation who may be injured or
damaged by the Contractor in the performance of this contract.
2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement,
shall act in an independent capacity and not as officers or employees or agents of State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to
Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such termination the State may proceed with the work in any manner
deemed proper by the State. the cost to the State shall be deducted from any sum due the Contractor
under this agreement, and the balance, if any, shall be paid the Contractor upon demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor either in
whole or in part.
5. Time is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed
by the parities hereto, and no oral understanding or agreement not incorporated herein, shall be binding on
any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise
expressly so provided.
Agreement No. 94-PR16
Page Three
RESOLUTIONS
A copy of a resolution, order, motion, or ordinance of the.local governing body by law having authority to
enter into proposed contract authorizing execution of agreements must be included when contracting
parties are county,city,district, 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 (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 tq 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).
INVOICES AND PAYMENTS
The Contractor shall render invoices for total monthly or quarterly charges in the month or quarter following
the month or quarter for which the charges accrue. Invoices will be submitted in triplicate. Allow up to sixty
(60) calendar days for payment of invoices.
88-04-P.E,. (Rev. 7/93)
Agreement No. 94-PR16
-1 Page Four
NONDISCRIMINATION CLAUSE (OCP-1)
During the performance of this contract,contractor and its subcontractors shall not unlawfully discriminate,
harass or allow harassment, against any employee or applicant for employment because of sex, race,color,
ancestry, religious creed, national origin,physical disability (including HIV and AIDS), mental disability,
medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors and
subcontractors 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 Regulations,Title 2,
Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations are incorporated into this contract by reference and made a part hereof as if
set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have collective bargaining or other agreement.
This contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontractors to perform work under the contract.
88-04-P.E, (REV. 7/93)
Agreement No. 94-PR16
Page Five
DRUG FREE WORKPLACE CERTIFICATION
By signing this contract, the contractor or grantee hereby
certifies under penalty of perjury under the laws of the State of
California that the contractor or grantee will comply with the
requirements of the Drug-Free Workplace Act of 1990 (Government
Code Section 8350 et seq. ) and will provide a drug-free workplace
by taking the following actions :
1) Publish a 'statement notifying employees that unlawful
manufacture, distribution, dispensation, possession, or
use of a controlled substance is prohibited and specify-
ing actions to be taken against employees for violations,
as required by Government Code Section 8355 (a) .
2) Establish a Drug-Free Awareness Program as required by
Government Code Section 8355 (b) to inform employees about
all of the following:
a) the dangers of drug abuse in the workplace;
b) the person' s or organization' s policy of
maintaining a drug-free workplace;
c) any available counseling, rehabilitation and employee
assistance programs; and,
d) penalties that may be imposed upon employees for drug
abuse violations .
3) Provide, as required by Government Code Section 8355 (c) ,
that every employee who works on the proposed contract :
a) will receive a copy of the company' s drug-free policy
statement; and,
b) will agree to abide by the terms of the company' s
statement as a condition of employment on the
contract .
Failure to comply with these requirements may result in
suspension of payments under the contract or termination of the
contract or both and the contractor or grantee may be ineligible
for award of any future state contracts if the department
determines that any of the following has occurred: (1) the
contractor or grantee has made false certification, or (2)
violates the certification by failing to carry out the
requirements as noted above . "
Exhibit "A" to
Agreement No. 94-PR16
County of Contra Costa
PROTOCOL
PERSONNEL YEARS 2
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 adequate for each
site . Add any necessary permit conditions by site .
5 . If, in the county agricultural commissioner' s . judgement,
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) .
Page 2 of 2
Exhibit "A" to
Agreement No. 94-PR16
County of Contra Costa
C . Individual has a history of noncompliance .
d. Should this NOI be included in the five percent annual
monitoring?
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 incompliance
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
1, 778 hours = 1 work year or 3 , 556 hours at $17 . 39 = $61, 828 . 00
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