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HomeMy WebLinkAboutMINUTES - 06041996 - C51 c6l TO: BOARD OF SUPERVISORS Contra FROM: Edward P. Meyer, Acting Agricultural Commission •T - - • Director of Weights & Measure Costa Dir g �- PATE: May 13, 1996 Tr� _SUN Count Y SUBJECT: State Nursery Regulatory Contract for Fiscal Year 1996-97 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize Chair, Board of Supervisors, to sign a contract with the California Department of Food and Agriculture which proposes to reimburse the County $2, 116 for work activities relating to enforcement of Nursery regulations . The contract is effective July 1, 1996 through June 30, 1997 . BACKGROUND The County Department of Agriculture enforces Nursery Regulations . The State reimburses the County for a portion of these regulatory activities . i CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER f i cc : 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. CC: Auditor-Controller ATTESTED PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR contact: Ed Meyer 6-5250 BY .DEPUTY M382 (10/88) STATE OF CALIFORNIA APPROVED BY THE 'S CONTRACT NUMBER' AM.NO. STANDARD AGREEMENT ATTORNEY GENERAL %-0012 ;TO.2(REV.5-91) TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into 22nd day of April 1996 94-6000509 nlf6 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 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 agreements, and stipulations of the State hereinafter expressed, does hereby 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 to inspect all nursery stock at all producer and/or wholesale.nursery locations within the County. Specifically not included is nursery stock in the first year of a two-year production cycle, plant materials in parent stock or propagative stock beds or blocks that are not to be inspected, and nursery stock that is entered in one of the State's registration or certification programs and is inspected by State staff. Contractor to enforce all laws and regulations pertaining to nursery stock, including licensing requirements, in accordance with the attached "Memorandum of Understanding" identified as Exhibit A and by this reference made a part hereof. Contractor to respond to complaints against retail nursery establishments. Contractor agrees to furnish all equipment and labor necessary to.perform inspection and enforcement activities. These activities under this Agreement shall be completed within.the time frame outlined. This Agreement shall be effective July 1, 1996 through June 30, 1997. This Agreement must be signed and returned within 45 days after receipt by contractor. Contractor to be paid on a per acre basis for inspection and enforcement activities. The total amount payable under this Agreement shall not exceed $2,116.00. This is determined at a rate of$12.09 per acre, based on 175 acres as reported by the County. In Addition, $50.00 per new license may be paid for new license law enforcement efforts. Payment shall be made quarterly in arrears upon submission and approval of an itemized invoice. Contractor shall submit an itemized invoice, each quarter, in arrears, in triplicate, referencing Contract No. 96-0012 and send to: Department of Food and Agriculture, Pest Exclusion, Attention: Thomas Esser, 1220 N Street, Suite A-372, Sacramento, California 95814.This Agreement shall not be considered..effective unless 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 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 (It other than an indiv! , tate whe ra corporation,partnership,etc.,) Department Of Food And Agriculture County o ont a Co a BY(AUTHORIZED SIGNATURE) BY(AUTcS, ZE RE) X X' PRINT56147ME OF PERSON SIGNING PRINTED N E n` OF ERSON SIGNING Alice L. Wright I TITLE ADDRESS 466},dGN-GUE-NN—DF-*. 2366-A Stanwell Circle Contract Officer CONCORD CA 94520 AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE THIS DOCUMENT TDepartment of General Services 2,116.00 20.40.40 CA/General Use Only " (OPTIONAL USE)' PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT 0.00 ITEM Q�D/ CHAPTER STATUTE FISCAL YEAR TOTAL AMOUNT ENCUMBERED TO 8570-001-994' 96 96/97 GEN. SERV. DEPT. APPROVAL .DATE OBJECT OF EXPENDITURE(CODE AND TITLE) NOT REQUIRED PER 2,116.00 56907 I hereby certify upon my own personal knowledge that budgeted funds are T.B.A. No. B.R.No. SAM 121 available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATE Certification of fund availability is on file with the �Department of Food&Agriculture CONTRACTOR ❑ STATE AGENCY ❑ DEPT.OF GEN.SER. Ej CONTROLLER ❑ I L�J Agreement No. 96-0012 Page 2 �. 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 considerations 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. 96-0012 RESOIX PIONS Page 3 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). f 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 the ADA. 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: G (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 Awarness 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 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. 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). 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 i Agreement No. 96-0012 NONDISCRIMINATION CLAUSE (OCP-1) Page 4. , 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. This contractor shall include the the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the 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 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 thir�I days written notice unless otherwise stated(State Administrative Manual Section 1247). M/WBE AUDIT Contractor or vendor agrees that the awarding department or its delegatee will have the right to review, obtain, 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 i 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 ' Agreement No. 96-0012 INVOICE AND PAYMENTS Page 5 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 he nerfnrm'in greordinre with all nrcentnhiP 4tntP ctnnrinrric 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. Public Entity Clauses Revised 3/13/96 Agreement No. 96-0012 f MEMORANDUM OF UNDERSTMIDiNG California Department of Food and Agriculture EXHIBIT A and the California Agricultural Commissioners Association STATE -COUNTY NURS RY INSPECTION PROGRAM Commissioners will maintain the same level of program commitment and inspection as specified in this Memorandum of Understanding., The CDFA will allocate 5400,000 annually from the agricultural fund for disbursement to counties pursuant to nursery inspection contracts. Provided, however, that should the funding available in the nursery agricultural fund significantly change, then CACASA and the department will review the existing standards and priorities for appropriate modification. The CDFA and Commissioners will fulfill their respective responsibilities as previously agreed in the Memorandum of Understanding regarding "Nursery Inspection and Nursery Pest Controi Responsibilities" dated July 11, 1975. STANDARDS The counties-will: 1. Inspect, at least annually, all nursery stock at all producer/wholesale locations within the county; 2. Ensure compliance with pest cleanliness standards as follows: a. Permit no more than five percent (5%) of nursery stock offered for sale to be infested with pests of economic importance and of general distribution in California. b. Pernut no more than one percent of nursery stock offered for sale to be infested with pests of limited distribution. including pests of major economic importance which are widely, but not generally distributed in California. C. Permit no nursery stock to be offered for sale that is infested with a pest not known to occur or not known to be established in California. 3. Investigate all complaints and take appropriate enforcement action regarding nursery products sold within the county; and 4. Enforce nursery stock licensing requirements for all new nursery operations within the county. California County Agricultural California Department of Food Commissioners and Sealers Association and Agriculture l'i" Gerald A. Benincasa. Past President Mike Chrism—an. Undersecretary Ary -Frank ari. President Isi A. Siddivui. Director Division of Plant Industry