HomeMy WebLinkAboutMINUTES - 06041996 - C49 v _
TCI. �" BOARD OF SUPERVISORS
Contra
FROM: Ed Meyer, Acting Agricultural Commissioner Costa .
i? a
Director of Weights & Measures
P County
DATE: May 14 , 1996
SUBJECT:
State Contract - Fiscal Year 1996-97
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize Chair, Board of Supervisors, to sign a contract with the
Department of Pesticide Regulation. Contract No. 96-0008 proposes
to reimburse the County $61,828 for work activities relating to the
enforcement of pesticide permit 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
4—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.
Im
CC: Auditor-Controller , ATTESTED ® °f
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: E. Meyer 6-5250
M382 (10/88) BY DEPUTY
STATE OF CALIFORNIA `— '7kr APPROVED BY THE CI �Q -CONTRACT NUMBER AM.NO.
SUNDARD AGREEMENT ATTORNEYGENERU:L ( 96-0008
STD.2 jREV.5-91)(DPR Electronic)
. - TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this _19 day of April, 1996, 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
CONTRA COSTA COUNTY 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, 1996 through June 30, 1997. . This
Agreement must be signed and returned mithin 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, Pesticide Enforcement Branch, Attention Lynn Owen, 1020 N Street,
Room 300, 'Sacramento, California 95814-5624 . 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.
Approved by Secretary/CEO
Per memorandum dated
Oct. 28, 1994
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 1
(510) 646-5250
AGENCY CONTRACTOR (if other than an individual,state whether a corporation,partnership,etc.,)
DEPARTMENT OF PESTICIDE REGULATION CONTRA COSTA CO
BY(AUTHORIZED SIGNATURE) BY(AUTH ZED IG AT E)
X � a4_ei X
PRINTED N E OF PERSON SIGNING PRINTED E ERSON SIGNING
JEAN WALKER BO SLSEUPERVISORS
TITLE ADDRESS 2366 A. Stanwell Circle
CONTRACTS MANAGER _ Concord , CA 94520
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE
.THIS DOCUMENT ! ; Department of General Services
$ 61, 828.00 72810 IGF ! Use Only
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
GEN. SERV. DEPT. APPROVAL
$ 0.00 NOT REQUIRED PER
3930-101-001 ; 96 96/97
TOTAL AMOUNT ENCUMBERED TOCONTRACT EXEMPTION APPROVAL
DATE FILE NO. 74
$ 61,828.00 702-07
1 hereby certify upon my own personal knowledge that budgeted funds are i T.B.A.NO. B.R.NO.
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCO TING OFFICER I DATE
n
CONTRACTOR I ) STAT AGENCY �j DEPT.OF GEN.SER. _i CONTROLLER J!
STATE OF CALIFORNIA
STANDARD AGREEMENT Page Two
STD.2(REV.5-91)(DPR Electronic)
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 the
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 parties 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 expense incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
Agreement No. 96-0008
Page 3
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).
AMERICANS WITH DISABILITIES ACT
By signing this contract, Contractor assures the state that it complies with the Americans with
Disabilities Act(ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
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).
AUDIT
It is hereby mutually agreed that Contractor shall be subject to the examination and audit of the State
Auditor for a period of three years after final payment under this agreement(Government Code Section
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.
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.
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 (Public
Contract Code Section 22200 and California Code of Regulations, Title 1, Section 300 et seq.).
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-PE.(Rev. 1/96)
(1)
Agreement No. 96-0008
Page 4
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 specifying actions to be taken against
employees for violations.
2) Establish a Drug-Free Awareness Program 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 that 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.
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.
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. Contractor 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 12990 (a-f) 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 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
subcontracts to perform work under the contract.
88-04-PE.(Rev. 1/96)
(1)
Agreement No. 96-0008
Page 5
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).
SUBCONTRACTING
Contractor shall not subcontract any services under this contract without prior approval of the State's!
representatives.
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88-04-PE,(Rev. 1/96)
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Exhibit "A" to
Agreement No. 96-0008
County of Contra Costa
PROTOCOL
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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. )
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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 .
S . 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 .
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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.
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b. Environmental conditions have changed since the permit
was issued (local knowledge or specified in NOI) .
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Page 2 of 2
Exhibit "A" to
Agreement No. 96-0008
County of Contra Costa`
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C. Individual has a history of noncompliance..
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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 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?
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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 . f
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 = 2 work years or 3 , 556 hours at $17 . 39 = $6.1, 828 . 00
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