HomeMy WebLinkAboutMINUTES - 06041996 - C50 *TO:: BOARD OF SUPERVISORS SE _ Contra
FROM: Edward P. Meyer, Acting Agricultural Commissioner ' '_ _, Costa
aN
Director of Weights & Measures x
Count
DATE: May 22, 1996 Y
SUBJECT: State Egg Quality Enforcement Contract for Fiscal Year 1996-97
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
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RECOMMENDATION
Authorize Chair, Board of Supervisors to sign a contract with the
California Department of Food and Agriculture.
Contract No. 96-0136 proposes to reimburse the County $1,499 . 36
for work activities relating to enforcement of egg quality
control . The Contract is effective July 1, 1996 through June 30,
1997 .
BACKGROtJNT)
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
SIGNATURE(S):
ACTION OF BOARD ON JON 0 4 !996
APPROVED AS RECOMMENDED OTHER
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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.
ATTESTED SUN 9 4
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Contact: Ed Meyer 6-5250 PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
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STATE OF.^,ALIFORNIA O (0-Lf`96
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APPROVED BY THE C 5 CONTRACT NUMBER I AM. O.
STANDARD AGREEMENT ATTORNEY GENERAL 96-0136
STD.2(REV.5-91) _
,. TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into 6th day of May 1996 946000509
n%e State of Califomia,by and between State of California,through its duly elected or appointed,qualified and acting'
TITLE OF OFFICER ACTING FOR STATE AGENCY
Secretary Department Of 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 aqreements, and stipulations of the State
hereinafter expressed, does herebv aqree 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 "Methods 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, 1996 through June 30, 1997. The total amount payable shall not
exceed $1,499.36, in accordance with-the attached Fiscal Display, identified as Exhibit'B'displaying the State enforcement
funding for retail monitoring and wholesale inspection, and by this reference made a part hereof.
Payments to be made quarterly upon submission of completed Form 9, identified with Contract No. 96-0136 and sent to:
California Department of Food and Agriculture, Egg Quality Control, 1220 N Street, Sacramento, California 95814.
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Signature .afi '1.�, wee
The provisions on the reverse side hereof constitute a part of this aqreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR (415)646-5250
AGENCY CONTRACTOR (Hotherthan an in 'ual,state ether corporation,partnership,etc.,)
Department Of Food And Agriculture County o tra C
BY(AUTHORIZED SIGNATURE) BY(AUTH IZED I R
X X
PRINTOF PERSON SIGNING PRINTEDJE fi F PERSON SIGNING
Alice L. Wright
TITLE - ADDRESS -4s1-,JGN GL:E+4?—BR. 2366—A Stanwell Circle
Contract Officer CONCORD CA 94520
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE
THIS DOCUMENT Department of General Services
1,499.36 40.50.00 Egg Quality Control 7General Use Only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
8570-00ITEM 1 CHAPTER STATUTE FISCAL YEAR 9 6 96/97
0.00 /
TOTAL AMOUNT ENCUMBERED TO 56907 GEN. SERV. DCPT APPROVAL
DATE OBJECT OF EXPENDITURE(CODE AND TITLE) r
1,499.36 NOT REQUIRED
I hereby certify upon my own personal knowledge that budgeted funds are T.B.A. No. B.R.NO. �e1 °ER
available for the period and purpose of the expenditure stated above. SAM rl 1215
SIGNATURE OF ACCOUNTING OFFICER. DATE
Certification of fund availability is on file with the
�Department of Food&Agriculture
1I1( I CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. ❑ CONTROLLER ❑
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 inured 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. i
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.
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Agreement 96-0136
RESIOLUTIONS Page Two
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,board or commissions (State Administrative Manual Section 1208).
AMERICANS WITH DISABILITIES ACT(ADA) COMPLIANCE
By signing this Agreement, 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 discrmination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to theADA.
DRUG-FREE WORKPLACE ACT OF 1990 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 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) Publis a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or
use of a controlled substance id prohibited and specifiying actions to be taken against employees for
violations;
(2) Establish a Drug-Free Awamess 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 druf-free workplace policy statement; and,
(b) Agree to abide by the terms of the company's statement as a condition of employment on the contrat.
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.
NATIONAL LABOR RELATIONS BOARD 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 Relations Board (Public Contract
Code Section 10296). i
STATEMENT OF COMPLIANCE
The Contractor's signature affixed hereon and dated shall constitute a certification under the penalty of perjury
under the laws of the State of California that the Contractor has, unless exempted, complied with the
nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of
Regulations Section 8103.
Public Entity Clauses
Revised 3/13/96
• Agreement 96-0136
NO 4DISCREV INATION CLAUSE(OCP-1) Page Three
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 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 a collective
bargaining or other agreement. j
This contractor shall include the the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the contract. f
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 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(State Administrative Manual Section 1247).
M/WBE AUDIT j
Contractor or vendor agrees that the awarding department or its delegatee will have the right to review, obtailn, and
copy all records pertaining to performance of the contract. Contractor or vendor agrees to provide the awarding
department or its delegatee with any relevant information requested and shall permit the awarding department or its
delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of
interviewing employees and inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with Public contract Code
Section 10115 et seq. and Title 2, California Code of Regulations, Section 1896.60 et seq. Contractor or vendor
further agrees to maintain such records for a period of three (3) years after final payment under 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
contract 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.
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).
Public Entity Clauses
Revised 3/13/96
1
Agreem6nt 96-0136
INVOICE AND PAYMENTS Page Four
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 calendar
days for payment of invoices.
LABOR CODE/WORKER'S COMPENSATION
Contractor certified and is aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Worker' Compensation or to undertake self-insurance in accordance
with the provisions of that Code and Contractor affirms to comply with such provisions before commencing the
performance of the work of this contract.
SUBCONTRACTING
Contractor shall not subcontract any services under this contract without prior approval of the State's
representatives.
PROFESSIONAL WORK
All work to be perform in accordance with all acceptable State standards.
TRAVEL AND PER DIEM
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Travel and subsistence payments shall be paid as needed to execute the work. As such, travel and subsistence
payments are defined in accordance with DPA Rules and Regulations.
PERSONAL SERVICES
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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. i
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Public Entity Clauses.
Revised 3/13/96
Agreemem- No 96-0136
&-hibit A
i-111.1--T.1 IOD OF PROCEDURE FOR ENIFCRCEMENT OF DEPARTMENT OF FOOD&AGRICULTURE STANDARDS
Part I - State Responsibilities .
The Slate supervising inspector will assume responsibility for coordinating the training and supervision of
inspocto;s/biologists, interpretation and application of grades, and methods of making inspections.
The State viiii provide for the colldction of the necessary fees from the egg industry or through the Federal Trust
Fund and compensate the Counly4or the following services: .
1. CALIFORNIA ENFORCa.4ENT (mill fee): An amount based upon the number of 100 egg samples to be
exarnir;--d at packing,distribution,and retail outlets for retail monitoring and origin inspection.
Part I I -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 inspection 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
pl_.nt management after each inspection.
Quarterly payments in arrears will'be made as outlined in the contract and in agreement with the 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 samp!es 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 I I I-Additional Provisions
State supervisors will have the_right to enter the County at any time where work is being clone under this
Agreement to observe the actual-inspection of eggs.
All licensed certified inspectors/biologists shall adhere to the California Food and Agricultural Code, Par; 4,
Chapter 1; California'Code of Regulations Title 3, Part 4, Chapter 1; Federal Regulations,Title 7, Chapter 1, Part
59; Egg Inspection Manual; Shell Egg Regulatory Inspectors Handbook;and program enforcement policies.
Slate and County personnel will kbep 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 resulting from the negligent or
wrongful acts or omissions of its officers, agents, and employees, and the County shall likewise be responsibl;!for
their wrongful acts, etc.
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Exhibit"B"
Agreement No. 96-0136
County of Contra Costa
Funding and Inspection Display
STATE ENFORCEMENT
RETAIL MONITORING
Minimum 100 egg samples to be inspected 78
Funding per 100 egg samples $18.46
Maximum Funding $1,430.88
WHOLESALE INSPECTION
Minimum 100 egg samples to be inspected 4
Quarterly 100 egg samples to be inspected 1
Quarterly Funding $14.87
Funding per 100 egg samples $14.87
Maximum Funding 59.48
TOTAL STATE ENFORCEMENT $1.499.36
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