HomeMy WebLinkAboutMINUTES - 06041996 - C56 TO: BOARD OF SUPERVISORS
FROM: William Walker, M.D. , Health Services Director 'f . ..
- Contra
Costa.
DATE: May 20, 1996 County
SUBJECT: Approval of Contract Amendment Agreement #26-010-38 with the United Council of Spanish
Speaking Organizations, Inc.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTIONS:
Approve and authorize the Health Services Director, or his designee (Frank
Puglisi, Jr. ) , to execute on behalf of the County, Contract Amendment Agreement
#26-010-38 with the United Council of Spanish Speaking Organizations, Inc.
(UCSSO) , effective May 1, 1996, to amend Standard Contract #26-010-37 to
decrease the payment limit by $4,166, from $264,286 to a new Contract payment
limit of $260,120, and to decrease the three month automatic extension payment
limit from $66,072 to a new total of $59 ,825.
II. FINANCIAL IMPACT:
This Contract is included in the Health Services Department's budget and is
funded by State Ryan White Title II funds and by third party revenues.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On October 24, 1995, the Board of Supervisors approved Standard Contract #26-
010-37 (effective July 1, 1995 through June 30, 1996) with U.C.S.S.O. , to
provide fixed route bus transportation services between County Outpatient
clinics in Pittsburg, Richmond and Merrithew Memorial Hospital and for;
augmentation courier services.
Pursuant to the Department's study of patient transportation services, as
requested by the Board of Supervisors's Transportation Committee, Standard
Contract #26-010-37 is being amended to reflect the elimination of one of two
UCSSO shuttle bus routes from the Richmond Health Center to Merrithew Memorial
Hospital and Health Centers. The West Contra Costa Transit Authority
(Contract #26-292) has agreed to establish a fixed route bus transportation
service between Richmond and Martinez, effective May 1, 1996, which will result
in a cost savings to the Department.
Approval of Contract Amendment Agreement #26-010-38 will allow the Department
to make the proper adjustments in the Contract payment provisions to accurately
reflect the level of services provided by UCSSO.
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIG'NATURE(S)
ACTION OF BOARD ON JUN U 4 1996 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact:Frank Puglisi, Jr. (370-5100)
CC: Health Services (Contracts) ATTESTED tG�ypliivl
Risk Management Phil Batchelor,Clerk of the Board of
Auditor—Controller Sucervisors and County Administrator
Contractor
M382/7-83 BY DEPUTY `
,STATE OF CALIFORNIA
STANDARD AGREEMENT APPROVED BY THE CONTRACT NUMBERAM.NO.
ATTORNEY GENERAL 96-0127
STD.2(REV.&91)(DPR Electronic)
TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
9
THIS AGREEMENT,made and entered into this day of April, 1996, 94-6000509
in the State of California,by and between State of Califomia,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.)
See attached identified as:
"Exhibit A, Memorandum of Understanding for Pesticide Use Reporting Between California
Department of Pesticide Regulation and Agricultural Commissioner, Contra Costa County for
Fiscal Year 1996/9711. and by this reference made a part hereof.
The term of this Agreement is July 1, 1996 through June 30, 1997.
The total amount payable under this Agreement shall not exceed $19, 700.00.
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
(510)646-5250
AGENCY CONTRACTOR (it other than an indi ' al,state whether a(Thon,partnership,etc.,)
DEPARTMENT OF PESTICIDE REGULATION CONTRA TA CO
BY(AUTHORIZED SIGNATURE) BY(AUT RIZE IG RE
X ,- ), X.
PRINTED?VMEOFTrER9CN SIGNING PRINTED E TI PERSON SIGNING
JEAN WALKER Boa f Supervisors
TITLE ADDRESS
2366 A. Stanwell Circle .
CONTRACTS MANAGER Concord , CA 94520
AMOUNT ENCUMBERED BY i i PROGRAM CATEGORY(CODE AND TITLE) j FUND TITLE j
Department of General Services
THISDOCUMEI9, 700.00 NT 72850 PR j i P y
$ ! I Use Onl
� !
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
• GEN. SERV. DEPT. APPROVAL
$ 0.00 1
ji 3930- -106 96 I 96/97 i NOT REQUIRED PER
TOTAL AMOUNT ENCUMBERED TO CONTRACT EXEMPTION APPROVAL
DATE FII-E nen ;
$ 19, 700.00 702-07
I hereby certify upon my own personal knowledge that budgeted funds are i T.B.A.NO. B.R.NO.
j
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE '
X
'1c' CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. CONTROLLER
STATE OF CALIFORNIA
STANDARD AGREEMENT Page Two
STD.2(REV.5.91)MPR 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.
' j
Agreement No. 96-0127
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
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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).
A D1T
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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.
DIS UTES
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.).
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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. 96-0127
Page 4
DRU 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:
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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 In
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 i
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. 96-0127
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 j
representatives.
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88-04-PE,(Rev. 1/96)
(1)
Agreement No. 96-0127
MEMORANDUM OF UNDERSTANDING FOR PESTICIDE USE REPORTING BETWEEN
CALIFORNIA DEPARTMENT OF PESTICIDE REGULATION
AND
AGRICULTURAL COMMISSIONER, CONTRA COSTA COUNTY
FOR
FISCAL YEAR 1996/1997
In the best interest of the State, in accordance with the Food
and Agricultural Code Section 12979, and under the authority of
the Director, Department of Pesticide Regulation and the County
of Contra Costa agree, to the following:
This Memorandum of Understanding (MOU) begins July 1, 1996, and
extends through June 30, 1997, and is valid only if signed by the
Contra Costa County Agricultural Commissioner and approved by the
Department of Pesticide Regulation. The Contra Costa County
Agricultural Commissioner shall maintain and make available, for
audit by the State, all records pertaining to this MOU for a
period of three years after the payment of each apportionment
received.
Contra Costa County will bill the Department quarterly for county
costs incurred by performing new activities mandated by Food and
Agricultural Code Section 12979 .
This agreement may be amended or cancelled upon mutual consent,
and thirty (30) days written notice .
Other activities which are not specifically related to total
pesticide use reporting (i .e. , issuing Restricted Materials
Permits, reviewing use reports of restricted material usage,
routine pesticide use monitoring, etc . ) and are reported on
Report Number 5, or performed under any other contract or
Memorandum of Understanding, shall not be billed on the quarterly
invoice . .
Funds will be disbursed quarterly to Contra Costa County on
approval of a billing invoice submitted quarterly in arrears in
triplicate to the Department of Pesticide Regulation, Pesticide
Enforcement Branch, 1020 N Street, Room 300, Sacramento,
California 95814 , Attention: Lynn Owen. The invoice shall be on
official county letterhead stating the amount of money requested.
Invoices must be submitted with signature, and title of the person
authorized to sign for Contra Costa County. Invoices must
identify the period covered and the amount requested. The total
amount of funds disbursed to Contra Costa County for the period
of July 1, 1996 , to June 30, 1997, shall be up to $19, 700 . The.
Pesticide Enforcement Branch shall monitor and audit the
billings .
Assigned units of activity, performed according to county
agricultural commissioner/California Department of Pesticide
Regulation agreed guidelines, will be as follows:
1 . The Commissioner will issue identification numbers to
growers involved in production of agricultural commodities.
2 . The Commissioner will issue identification numbers to
operators who are not producing an agricultural commodity
but fall under the definition of agricultural use (i.e. ,
parks, golf courses, cemeteries, etc . )
3 . The Commissioner will review additional Pesticide Use
Reports for grower/operator non-restricted materials.
4 . The Commissioner will log and file additional Pesticide Use
Reports for grower/operator non-restricted pesticide. use .
5 . The Commissioner will conduct follow-up inspections of
growers/operators for non-reporting of `unrestricted
pesticide use.
6 . The Commissioner will conduct grower audits, using the
criteria on Pest Control Records Inspections, Form
PR-ENF-022, or future revisions of that form.
7 . The Commissioner will conduct dealer sales audits, using the
criteria on Pest Control Records Inspections, Form
PR-ENF-022, or future revisions of that form.
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