HomeMy WebLinkAboutMINUTES - 06031997 - C69 Td: BOARD OF SUPERVISORS Contra
FROM: Edward P. Meyer, Agricultural Commissioner - /J Costa
Director of Weights & Measures = a
4° County
DATE: May 27, 1997 sT�.couN
SUBJECT: Pesticide Regulatory Contract for Fiscal Year 1997-98
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize the Chairman of the Board of Supervisors to sign Standard
Agreement No. 97-0072 . This Standard Agreement is effective July
1, 1997 through June 30, 1998 .
BACKGROUND
The County Department of Agriculture enforces regulations regarding
the use of pesticides . Growers are required to submit monthly
summaries of pesticides which have been used. In an effort to
expedite the processing of this information the State will
reimburse the County for all costs related to computer entry of
Monthly Summary Pesticide Use Reports generated by growers in
. Contra Costa County.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S): q
ACTION OF BOARD ON 3 I 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.
CC: ��� ATTESTED�BAT� Lim _3 ' I q7
/
PHIL CHELOR,C�OF THE BOARD OF
w^ I To
SUPERVISORS AND COUNTY ADMINISTRATOR
0BY DEPUTY
M382 (10/88)
STATE OF CALIFORNIA / (1
APPROVED BY THE (e - 3 -�7 `� ' Ce CONTRACT NUMBER AM.NO.
STANCIARD AGREEMENTATTORNEY GENERAL 97-0072
STD.2(REV.5-91)(DPR Electronic)
TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 23 day of April, 1997, 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.)
See attached identified as:
Exhibit A, Full Use Reporting, and by this reference made a part hereof. The purpose
of this agreement is for reimbursement of costs incurred by the county for administration of
the Food and Agricultural Code Section 12979.
This agreement shall be effective July 1, 1997 through June 30, 1998 at a cost not to exceed
the amount in Exhibit A.
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 (I/other than an individual,state whether a corporation,partnership,etc.,)
DEPARTMENT OF PESTICIDE REGULATION CONTRA COSTA COUNTY
BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE)
X X
PRINTED NAA OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
JEAN WALKER
TITLE ADDRESS 2366 A. Stanwell Circle
CONTRACTS MANAGER Concord , CA 94520-4804
AMOUNT ENCUMBERED PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE
BY THIS DOCUMENT72850 PR Department of General Services_
$ 19, 700. 00 Use Only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
$ ITEM CHAPTER STATUTE FISCAL YEAR GEN.SERV.DEPT.APPROVAL
3930-101-0106 97 97/98 NOT REQUIRED PER
TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE(CODE AND TITLE) SAM 1215
DATE
$ 19,700.00 702-07
1 hereby certify upon my own personal knowledge that budgeted funds are T.B.A.NO. B.R.NO.
available for the period and purpose of the expenditure stated above.
SIGNATLTF ACCOUNTING OFFICER DATE _
X � �A 6_ -�
❑ TRACTOR ❑ S E AGENCY ❑ DEPT.OF GEN.SER. ❑ CONTROLLER ❑
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. 97-0072
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. 97-0072
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. 97-0072
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.
88-04-PE,(Rev.1/96)
(1)
Exhibit A
Agreement No. 97-0072
FULL USE REPORTING
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:
The assigned units of activity, performed according to county
agricultural commissioner/California Department of Pesticide
Regulation agreed guidelines are :
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.
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, 1997, to June 30, 1998, shall be up to $19, 700 .
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.
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.
TO: BOARD OF SUPERVISORS `�_.. Contra
FROM: Edward P. Meyer, Agricultural Commissioner - Costa
aura'
Director of Weights & Measures z', -: a
County
DATE: May 27, 1997 r=a cocst'
SUBJECT: Pesticide Regulatory Contract for Fiscal Year 1997-98
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Authorize the Chairman of the Board of Supervisors to sign Standard
Agreement No. 97-0072 . This Standard Agreement is effective July
1, 1997 through June 30, 1998 .
BACKGROUND
The County Department of Agriculture enforces regulations regarding
the use of pesticides . Growers are required to submit monthly
summaries of pesticides which have been used. In an effort to
expedite the processing of this information the State will
reimburse the County for all costs related to computer entry of
Monthly Summary Pesticide Use Reports generated by growers in
Contra Costa County.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON __ 3 - APPROVED AS RECOMMENDED OTHER
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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(OJ N THE DATE SHOWN.
CC: � O ATTESTED _� *,an o 3 /957
PHIL BA CHELOR,CLERK OF THE BOARD OF
U D 1 To SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY -,DEPUTY