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HomeMy WebLinkAboutMINUTES - 07141998 - C88-C92 TO: BOARD OF SUPERVISORS Contra �., Costa TERRENCE STARR,County Probation Officer Coun DATE: June 23, 1998 r " ty SUBJECT: FY 1998-99 VICTIMfWITNESS PROGRAM GRANT APPLICATION SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENLt,&M-N: ADOPT resolution authorizing the County Probation Officer to submit an application for federal and state funds in the amount of$458,179 for a Victim/Witness Assistance Center and execute related contracts,including any amendments or extensions thereof. FiiNNAN AL—D T: The federal portion of this grant requires a 20%cash match. However, the grant rules stipulate that the state portion of the grant can be matched against the federal portion, satisfying the cash match requirement. Therefore, the grant requires no County funding. 'RAC CGRDIISM: The Probation Department's Victim/Witness Program cooperates with other community public and private agencies to help meet the financial, emotional, social and informational needs of victims of crime. The Program is part of a statewide effort funded by the Office of Criminal Justice Planning(OCJP)with fines and penalty assessments collected from convicted offenders. Victim/Witness Program staff alsowork with law enforcement and Court staff to encourage them to be cognizant of the needs of victims and witnesses during the complex and often lengthy judicial process. The grant funds available for this County for FY 1998-99,in the amount of$458,179, are approximately$100,000 higher than in the previous fiscal year. If grant funds are approved at this higher level,the Probation Department plans to use the additional funds to place an advocate in Eastern Contra Costa County, assign an advocate to Juvenile Court and designate an advocate as a domestic violence/child abuse specialist. To retain qualified staff in the Program,the Probation Department intends to work with Human Resources and labor representatives to attempt to upgrade the Victim/Witness Advocate position to a Deputy Probation Officer. ATTACHMENT: YES SIGNATURE: ( — y RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE c_ APPROVE OTHER SIGNATURE S: ACTION OF BOARD ON APPROVED AS RECOMMENDED e+He1*- 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 O HE DATE SHOWN. CONTACT: Terry Starr 3134180 CC: County Probation Officer ATTESTED County Administrator HIL B EL{OR,CLERIC OF THE BOARD OF Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR OCJT' c/o Probation Dept. BY DEPUTY M382 (10/88) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA t Adopted this Order on JUDY 14, 1998 , by the following vete: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Victim/Witness Assistance Program RESOLUTION OF THE GOVERNING BOARD 98/366 WHEREAS the Board of Supervisors, Contra Costa County,desires to continue a certain project designated Contra Costa County Victim/Nvitness Assistance Program, to be funded, in part, from funds made available through the California Victim/Witness Assistance Program, administered by the office of Criminal Justice Planning(Hereafter referred to as OCJP). NOW,THEREFORE,BE IT RESOLVED that the County Probation Officer of the County of Contra Costa is authorized, on its behalf, to submit the proposal,to OCJP and is authorized to execute on behalf of the Board of Supervisors,the Grant Award Agreement, including any extensions or amendments thereof. BE IT FURTHER RESOLVED that the applicant agrees to provide all matching funds required for said project(including any amendment thereof)under the program and the funding terms and conditions of OCJP and that the cash match will be appropriated as required. IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and OCJP disclaim responsibility for any such liability. BE IT FUR'T'HER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body. I hereby certify that this Is a true and correct copy of an action taken acid entered on the minutes of the Burd of Supervisors on the date shown. ATTESTED: PHIL.8 HEL -Clerk ies orf the Board of Su r sors and County Administrator By Deputy Orig. Dept.: Probation cc: County Probation Officer(5 certified copies) County Administrator,Attn: George Roemer Auditor-Controller OCJP c/o Probation Department RESOLUTION NO. 98/366 Cgq 1 Contra Costa County TO: BOARD OF SUPERVISORS FROM, Gary T. Yancey, District Attorney= DATE: June 24, 1998 SUBJECT: Approval For Submission and Execution of Contract 1JVith the State of California, Department of Insurance, for the Purpose of Combating Automobile Insurance Fraud for the Period of July 1,1998 through June 30,1999. REQUEST(S)OR RECOMMENDATIONS&BACKGROUND AND JUSTIFICATION 1. Recommended Action Authorize the District Attorney to submit an application and execute a grant award contract, including any extensions and amendments thereto, with the State of California, Department of Insurance, for funding of the Automobile Insurance Fraud Unit for the period July 1, 1958 through June 30, 1999, in the amount of $252,633. 11. Financial Impact None. The grant application will fund the salary and benefits for an attorney, investigator, and one-half clerk assigned to the program. The automobile insurance fraud award is allocated from a trust fund financed by an assessment per insured vehicle payable by the insurer. Of this amount, approximately one-half is earmarked for distribution to district attorneys for enhanced prosecution of automobile insurance fraud. Supplantation is p><ohibited. Expenditures and revenue for these positions are included in the 'District Attorney's 1998199 proposed budget. 111. Reasons for Recommendations/Background The Legislature has determined that one of the significant factors driving up the costs of auto insurance is fraud. While fraud is recognized as a growing problem across the country, California is an area of concerted criminal activity in insurance fraud. While originally the problem was confined to the Los Aneles area, recent statistics confirm that the problem is rapidly becoming a statewide concern. 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 UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION AYES: NOES: TAKEN AND ENTERED ON THE MINUTES ABSENT: ABSTAIN: Of THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact.Mark Peterson(646-2396) ATTESTED cc: CAO-George Roemer PHIL B%tfc.HEloR,CLERK OF THE BOARD DA-Renee Goldstein OF SUPERVISORS ARID COUNTY ADMINISTRATOR Auditor Controller BY ' ' DUTY C.89 7-14-98 a z I The Department of Insurance-Fraud Bureau was established in 1979. However, resources committed to fighting fraud were limited. In 1959 the Legislature enacted, through SB 2344 and SB 1.103, statutes which provided resources for enhanced automobile insurance fraud investigation and prosecution. That investment has resulted in dramatically increasing the number of prosecutions for automobile insurance fraud statewide. The implementation of the mandated carrier-based special investigation units and the Automobile Insurance Claims Depository will operate to uncover large numbers of fraudulent claims which had gone undetected before the existence of those programs. IV. CONSEQUENCES OF NEGATIVE ACTION Failure to approve this recommendation would result in the inability of the District Attorney to apply for $252,633 in state funds designated for use by Contra Costa County in the prosecution of automobile insurance fraud. A county which fails to submit this application shall not be considered for funding, and their undistributed funds shall be returned to the Department of Insurance to be reprogrammed. C.89 7.14-98 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on vote: __ITTT y J_ ,_1938____-----—---, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, CANCIAMILLA and ROGERS NOES: NOIR ABSENT: NONE ABSTAIN: NONE SUBJECT: AUTOMOBILE INSURANCE FRAUD PROSECUTION Resolution No. 98/-3L2-- RESOLUTION RESOLUTION OF THE GOVERNING BOARD 1998199 Whereas the Board of Supervisors, Contra Costa County, desires to undertakes a certain program designated as the Automobile Insurance Fraud Prosecution Program to be funded in part from funds made available under the authority of California Insurance Code section 1872.8 and administered by the California Department of Insurance (hereinafter referred to as DOI). NOW, THEREFORE, BE IT RESOLVED that the District Attorney of Contra Costa County is authorized to execute on behalf of the Board of Supervisors the Grant Award Agreement including any extensions or amendments thereof. IT IS AGREED that any liability arising out of the performance of this Grant Award Agreement, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and the California Department of Insurance disclaim any responsibility for such liability. BE IT FURTHER RESOLVED that the grant funds received hereunder shall not be used to supplant expenditures controlled by this body. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the B rd of Supervisors on the date shown. ATTESTED: PHIL CH R, Clerk of the Board of Su rvisors at�d County Administrator Byedeputy Cc: Department: District Attorney ( 5 certified copies) Atn-1'IL-ne"e, Id cin County Administrator, ATT: (George Roemer) Auditor Controller TO. BOA"OF SUPERVISORS - Contra FROW WARREN E. RUPF, Sheriff - Costa DATE. June 1, 1998 County Authorize Contra Costa County to Expend Grant Funding from Cal Boating for SUBJECT: Derelict Removal Project SPECIFIC REQUEST(S)OR RECOMMENDATION(s)a BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION Authorize the Sheriff or his designee to enter into a contract in the amount of $250,400 with the State of California Department of Boating and;Waterways for the removal of targeted derelict vessels in the waters of Contra Costa County for the period of July 1, 1998 to June 34, 1999; and authorize the County Purchasing Agent to be the primary agent to seek competitive bids and enter into contracts for required services. 11. BACKGROUND INFORMATION The Sheriff's Marine Services Bureau currently has staff assigned to the Derelict Vessel Removal Project. The only increased financial impact would be minimal overtime costs to Sheriffs Office staff. All other costs would be covered under the Department of Boating and Waterways Grant. Ili. REASON FOR RECOMMENDATION In January 1998, the Office of the Sheriff received a grant of$250,000. The grant money is to be used for the removal of targeted derelict vessels in the waters of Contra Costa County. The California Department of Boating and Waterways requires a board order that states the County will expend grant',funds provided by that agency. The General Services Department, Purchasing Division, requests that with this beard order, the County Purchasing Agent be assigned as t., p " ary agent for the County to seek competitive bids for the removal of targed dere '.ct vessels. The issued contracts are not to exceed $250,.0. 00. CONTINUED ON ATTACHMENT: )GES` SIGNATURE: w RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE )! APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONZe APPROVED AS RIMCOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT } AND CORRECT COPY OF AN ACTION TAKEN ANDENTEREDONgE MINUTES OF THE BOARD AYES: NOES: OF SUFERV T DATE SHOWN ABSENT: ABSTAIN: ATTESTED CC: Office of the Sheriff PH TCHELOR,CLEW OF THE BOARD of County Administrator's office aE�Ivt�ssxvar TYu�NasTpATtiR Auditor's office m3a (10" BY DUTY TO: BOARD OF SUPERVISORS Contra FROM: CARLOS BALTODANO, DIRECTOR Costa BUILDING INSPECTION DIRECTOR County DATE: July 14, 1998 SUBJECT: Joint Exercise of Powers Agreement between the Building Inspection Department and the City of Lafayette SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Execute agreement with the City of Lafayette for building inspection services effective July 1, 1998. FISCAL IMPACT Costs are fully covered by fees. County will retain fees in exchange for provision of building inspection services. BACKGROUND/REASON'S FOR RECOMMENDATIONS The Contra Costa County Building Inspection Department has provided building inspection services to Lafayette since 1969. In accordance with a written agreement, the County has enforced (and continues to enforce) the City's building, plumbing, electrical, heating and ventilating, house moving, grading, trailer and swimming pool fencing ordinances, and the housing code. By this arrangement with the County, the City conducts the initial zoning review for all building permits, but does not issue the actual permit itself. An applicant is required to pick up the permit application form from the City offices, receive zoning clearance from the planning division, and then proceed to the County offices for plan check, permit issuance and the scheduling of inspections. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES : ACTION OF BOARD ON PPROVED AS RECOMMENDED =0+W4*� 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 ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: (9251335-1107) Attachments ATTESTED cc: Carlos Baftodano, Building Inspection Department IL B HELOR,CLERK OF THE BOARD OF Niroop Srivatsa,City of Lafayette UPERVISORS AND COUNTY ADMINISTRATOR Victor J.Westman,County Counsel Ann Cervelli, Deputy Chief Clerk BY Z ,DEPUTY CB:nr lbdordljpa.taf.doc Joint Exercise of Powers Agreement between the Building Inspection Department and the City of Lafayette July 94, 1998 Page 2 In an effort to streamline the permit review and inspection processes, the County Building Inspection staff have been meeting with representatives from the City of Lafayette's Community Development Department on a monthly basis for the last six months. These meetings have been extremely beneficial to both parties, and a number of steps have been taken to improve the inspection process, including the following: 1. The City's planning division now faxes zoning clearances on simple building permit applications (such as termite repairs) directly to the Building Inspection Department. This saves the applicant from making a trip to the City offices. 2. The building inspectors are now accessible via pagers, and can be easily contacted in the field, should an emergency occur. Prior to this, City staff could only leave messages for the inspectors at the County offices. 3. To insure that a "hold" on a final occupancy permit is not lifted prematurely, the City now faxes a special form to the County. The hold is then directly entered into the County's computer system, and it is not released until approved by City staff. Additionally, staff has worked on a draft agreement for consideration by both the Lafayette City Council and Board of Supervisors. This agreement (attached) will replace the agreement approved by'both parties in 1969. The attached agreement has been reviewed by the Lafayette City Council and approved by the Council on June 22, 1998. The agreement addresses the following new issues: 1. Should the services currently provided by the County be expanded? If so, how? 2. Should the County provide a satellite inspection office within the city limits of Lafayette? 3. Should the current surcharge rate of 30% be increased to 40%. This is a fee charged by the County in behalf of the city, and it is an issue that is decided by each individual city to reflect their costs on building permit activities. The above issues are addressed below. 1. Expanded Services Provided by the County The City currently contracts with the County for the provision of plan check, inspection and code enforcement services. Typically, a County inspector gets involved during the initial phase of construction of a new house to insure that grading and drainage operations are carried out in accordance with approved plans and applicable codes. An inspector continues to stay involved until the house is completed and then issues a certificate of occupancy. The number of inspections required vary by the size and complexity of the project; for a typical new single-family home, it 'averages around twenty inspections. In case of new subdivisions, however, the County does not inspect the construction of private roads and drainage improvements. The City's engineering division currently reviews and approves subdivision improvement plans. The responsibility for construction oversight of the private roads and drainage improvements falls on the builder/developer's engineer, and the City requires certification from the engineer that the improvements were completed per the approved plans. Typically, only final inspections are made by the City. The City of Lafayette staff see the need to impose a higher degree of quality control on private subdivision improvements, and therefore have agreed to expand the County's scope of services to include the inspection of construction-type improvements on private property. County Building Joint Exercise of Powers Agreement between the Building Inspection Department and the City of Lafayette July 14, 1998 Page 3 Inspection staff will already be in the field and have the experience and background to perform the additional tasks. Additionally, any work performed in the creeks will now require a grading permit, and the County will perform the required inspections to ensure compliance with approved plans and National Pollution Discharge Elimination System (NPDES) regulations of the Regional Water Quality Control Board. The attached agreement includes the performance of these types of inspections by the Building Inspection Department. 2. Location of Personnel In an effort to provide a better level of customer service, City staff has discussed the possibility of housing a part-time County plan checker/inspector at the City offices. This would provide a more convenient service to Lafayette residents, who would not have to travel to Martinez for permit issuance. There are merits and drawbacks to this idea, as shown below: PROS CONS Direct service to Lafayette residents without the Residents would still have to go to Martinez for need to travel to Martinez (for standard permits). Sanitary district approval and fire district review. Additionally, more complex residential projects and all commercial projects would still need to be reviewed in Martinez. Better customer service (standard permits can be Increased costs to Lafayette (or, in other issued quickly). words, a reduction in the monthly surcharge received by Lafayette). Lafayette would need to find adequate counter and offices ace'for this inspector. Lafayette would have to connect to the Count 's LIS Land Information System). The City staff has indicated that there currently is no space available at the City offices to house a part- time County inspector. In fact, the City Council of Lafayette recently authorized their Mayor to work with City staff to develop options for housing existing and new personnel. A reasonable hourly rate ($45/hr) has been negotiated between the City and the County in the event that space can be found for the inspector. City staff will still Like to continue to explore options for the provision of inspection services within Lafayette, or within the Lamorinda area. The attached agreement leaves open the possibility that City staff can have County Building Inspection Department staff work out of the City offices and be paid on an hourly basis. 3. Surcharge The County currently imposes a surcharge on all building permits issued within the City of Lafayette, to cover the costs associated with processing building permits by Lafayette staff. This surcharge equals 30% of the building permit fee (which includes charges for plan checking, inspections and electric, plumbing and mechanical and grading work). The surcharge amounts are returned to Lafayette on a monthly basis. The other cities that contract with the County impose a higher surcharge of either 40% (Moraga and Clayton) or 500h (Orinda). The building surcharge amount has steadily increased over the last few years, because of the increasing number of permits issued. In FY 1995/96, Lafayette received $94,001 from the County. In FY 1996/97, that amount increased to $116,400. The County estimates that it will collect a total surcharge of Joint Exercise of Powers Agreement between the Building Inspection Department and the City of Lafayette July 14, 1988 Page 4 $138,000 by the end of this fiscal year on behalf of the City of Lafayette. A new single-family residence in Lafayette (3,000 sq. ft., 3 bedrooms, 2 bath) is currently assessed a building permit fee of about $9,200. Almost 55% of this amount cover the school district's fees. Lafayette's surcharge amount is $813.00 The increase of the surcharge amount has always been an issue that cities have decided upon, and the County has always passed this fee to the residents of the city. The City Council of Lafayette directed City staff on June 22, 1998 to increase the surcharge amount from 300k to 40%. This increase will not become effective until the city's fee schedule is changed after proper notice and public hearing in the City of Lafayette. This new surcharge increase is reflected in the attached agreement. In summary, City staff is very satisfied with the quality of services provided by the County Building Inspection Department, and particularly with the willingness of the County staff to improve the way the City and the County collectively do business. It is therefore recommended that the Board approve the contract (and its attachment) with the City of Lafayette for a period of one year. CB:nr lbdordl pa.laf doc t 9) CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT f r 651 Pine Street, N. Wing— 3rd Floor Y. Martinez, CA 94553 Telephone: 646-2300 Fax: 646-1219 DATE July 9, 1998 TO : Ann Cervelli, Chief Clerk FROM Carlos Baltodano, Director SUBJ : Agenda Item CR5 July 1.4, 1998 (JPA between City of :Lafayette and Building Inspection Department) Attached are two (2) original documents signed by the City of Lafayette and County Counsel. Please return the original for the City of Lafayette to my attention so that I can send to the City with a cover letter. If you need any additional information please call me at 5-1108. :nr Attachments . r JOINT EXERCISE OF POWERS AGREEMENT BUILDING INSPECTION BY THIS CONTRACT of June 22 , 1 () s between CONTRA COSTA COUNTY, hereinafter called "County", and the CITY OF LAFAYETTE hereinafter called "City,,, pursuant to Government Code Sections 51300 and following, the PARTIES MUTUALLY AGREE: 1. Building Insec�tion: County agrees that through the Building Inspection Department it will perform and exercise within the City all the powers and duties of the City's Building Official performed and exercised by said County Department in the unincorporated territory of the County. 2. County's Duties: Specifically, County will enforce all the City's current provisions including fee schedules, if any, of the City's Building, Plumbing, Electrical, Heating and Ventilating, House Moving, Grading, Trailer and Swimming Pool Fencing Ordinances and Housing Code, and will make all inspections, and issue all permits and orders required in such enforcement. Such enforcement shall include all of the duties prescribed in such ordinances including the presentation of evidence in prosecutions thereunder. In performing such work the personnel of the County assigned thereto shall have the powers and duties and official status of building inspectors of the City. Services will be provided by the County's Building Inspection Department as set forth in Attachment 1. 3. City's Duties: City will pass and maintain ordinances as provided in paragraph 2 and 8(b), and will furnish all maps required to accomplish the services listed under this agreement. Neither County nor its officers or employees has or assumes any liability for the negligence of City or of any city officer or employee, nor for any dangerous or defective conditions of any City property or street; and City shall hold County and its officers and employees harmless therefrom; and City shall defend County and its officers and employees against any claim for any injury or damage resulting therefrom. 4. Quarters: County will furnish required furniture, equipment and forms necessary for operation if these services are administered at County Building Inspection Headquarters; and City will reimburse County for necessary quarters, public counter, utilities and janitor services, if City wishes such established within City. 5. Fee's Reports and Costs: In full payment for these services, County will collect and retain the fees called for in said ordinances; and will make quarterly report to City covering the services hereunder and including the entire cost to County of performing each such function, including direct costs and a prorate of indirect expenses. Direct costs shall include salaries of employees engaged therein, vacation, sick leave, retirement, supervision over such employees while so employed, traveling expenses and supplies. County will promptly notify City of substantial changes in these costs. 6. Employees: No employee now employed by the City shall be taken over by the County, and there are no municipal pension rights of any employee of the City to be assumed by the County. 7. Term: This contract is effective from July 1. 1908 through June 30, 19 9, inclusive, and, unless terminated as provided below, it shall be automatically renewed for successive one (1)year periods thereafter. When executed by all of the parties as of July 1, 1998,this agreement will supersede the previous Joint Exercise of Powers Agreement between these parties, dated July 8, 1969. 8. Termination: (a)This contract may be terminated at the end of any term thereof by city or County giving at least 6 months written notice thereof to the other party. (b) This contract shall be terminated at any time that City fails to enact and to maintain in full force and effect the aforesaid ordinances identical in all material respects, including the amount of fees, with the corresponding County Codes now in force in the County, or fails to amend said Codes or Ordinances, corresponding as may be appropriate to amendments to the corresponding 'County codes or Ordinances, adopted by the Board of Supervisors, within 120 days after requested to do so by the County. The Building Inspection Department, acting in behalf of the County, may use discretion and need not request City to adopt amendments which do not apply to the City. City may enact an amendment relating to codes or regulations that differ from or address the issue than those general addressed above. In that case the County, shall make all reasonable efforts to enforce said City Ordinances. If the County determines that substantial costs result from said City Ordinance. County shall notify City and additional costs may be agreed upon. (c)Should either party be in default hereunder(except as to automatic terminations under (a) and (b), the non-defaulting party may give written notice of such default and should such not be corrected within 30 days after the mailing of said notice, this contract may be terminated by the non-defaulting party by giving 10 days written notice thereof. 9. City urcharae: The City surcharge of 40% of the fee charged by Contra costs County will be imposed in addition to the permit fees set forth in the Contra Costa County Building inspection Department Fee Schedule. The surcharge will apply to plan check services, Building permit, electrical, mechanical, plumbing, and grading permits. The parties, by the Chairman of the Board of Supervisors and the Mayor, each hereunto duly authorized, have executed this Agreement on date appearing on line one hereof. COUNTY OF(~NTRA COSTA (CITY QE..L AFAYBTT By: _ B : U�� ATTEST: ATTEST: By: � Deputy ** City Cler Approved as to form: Approved as to form: BY` Deputy City Attorn ATTACHMENT 1 SERVICES PROVIDED BY THE COUNTY BUILDING INSPECTION DEPARTMENT (CBID) A. Provide plan check services to determine compliance with applicable State and City codes. B. Provide inspection services related to permits issued. C. Provide supervision of field operations. County Building Inspection Department (CBID) staff will perform inspections when scheduling requirements or the nature/volume of inspections make that necessary or appropriate. They will receive supervision from CBID managers. D. Respond to building, electrical, plumbing, mechanical, slide and drainage concerns and complaints. E. Provide construction inspections for private improvements such as building pads, private roads and driveways of new homes. CBID will be responsible for: R values for rock (subbase)verification of compaction testing and passing of tests, paving, curb, gutter, sidewalk, driveway approach, and underground and surface drainage facilities. A grading permit will need to be issued for these inspections. 1. Under the auspice of grading permit, County will also inspect work related to creeps and natural drainage channels, where the City has required the applicant to obtain a grading permit. 2. While inspecting construction operations, the County will observe and enforce requirements stipulated by the National Pollution Discharge Elimination System (NPDES) or City Storm Water Pollution Ordinance to the extent that these are related to the activity inspected. A log will be kept of these inspections, as well as follow up actions, for the purpose of reporting to the Regional Water Quality Control Board on September 30 of every year. F. Provide public services at City offices, if requested by the City. This includes public counter services to the public and permit applicants, permit processing and issuance, and responding to calls from citizens for information on code enforcement and permit procedures. Respond to complaints. This will be done on an as needed basis and on an hourly basis, not to exceed $45.00 per hour. G. Provide construction inspections of improvements on private property as noted below. 1. City will plan check and approve project prior to submittal to Contra Costa County Building Inspection Department. 2. Owner or contractor will submit to Contra Costa County Building Inspection Department all pians, specifications, and cost estimates approved by "City" 3. "County"will issue permits and collect fees. 4. Cost to the owner for inspections shall be 5% of the cost estimate of improvements to be inspected. 5. "County"will inspect project at appropriate stages to ensure proper construction methods. j:tgroupslbidpookglassttay€ayett.wpd 4 TO: BOARD OF SUPERVISORS .° ill c FROM: Edward P. Meyer, Agricultural Commissioner rCosta Director of Weights & MeasuresCounty DATE: July" 14, 1998 SUBJECT: State Egg Quality Control Program for Fiscal Year 1998-y99 SPECIFIC REQUEST(S)OR RECOMMENDATIONS}&BACKGROUND AND JUSTIFICATION REC©MMENI_ATI0N Authorize Chair, Board of Supervisors to sign an Agreement between the County and California Department of Food and Agriculture. The Agreement allotment authorizes reimbursement to the County in the amount of $1,532 . 18. DAMBOUND 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 SIGNATURES: ACTION OF BOARD ON afal& 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 SUPERVISOR ON THE DATE SHOWN. ATTESTED Contact: B. Cruickshank 646-5250 H1L BA ELOR,CLERK OF THE BOARD OF co: CAO SUPERVISORS AND COUNTY ADMINISTRATOR Auditor BY DEPUTY STATE CSF CAt�FOr NIA C 5`CA!+�UAR'a AGREEMENT— APPROVED BY THE � CONTRACI`NUMBER AM.No. ATTORNEY GENERAL 98-0081 STD.2(REV.6.41) TAXPAYER`SFl i"'AL EMPLOYER SDENrIFICATTON WMLOeS THIS AGREEMENT,made and entered into this 11th dayof June 1998 y 94-6000509 In the State of CaliforNa,by and between State of Call€nia,through Its duly elected or appointed,gLvAed and acting TITLE CSF 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 herebv agree to furnish to the State services and materials as follows: (Set forth service to be rasndered by Contractor,amowt to be paid Contmactor,ttm&for performance orcomptetion,and attach plans wid spec ffkadons,if any) See attached Identified as"1998/99 Agreement Between California Department of Food and Agriculture Egg Quality Control Program and Contra Costa County"and by this reference made a part hereof. The term of this agreement is July 1,1998 through June 30, 1999. The total amount payable under this agreement shall not exceed$1,532.18 including all applicable taxes. Payment under this agreement shall be made quarterly, upon submission of a completed Form 9 Identified with Contract No. 98-0081 and seat to: California Department of Food and Agriculture, Egg Quality Control, 1220 N Street, 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 agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR 415,6465250 AGENCY CONTRACTOR (lro#wthanan IndNtduat,stats wt+stnsra aarporatlon,paRnarsHns<eta,) Department Of Food And Agriculture County of Contra Costa BY(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE) MWCD NAME OF PERSON lidkiNd PRINTED NAME A T OFERSO, SIGNING', i•, Alice L.Wright Jim 2 y TITLE ADDRESS 16+jGN ' eNN . 2366-A, S tw.a nw e l L Cir. Contract Officer CONCORD CA 94520 AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE THIS DOCUMENT Depaftment o€'General Services 1,552.18 40.50.00 CAJF/General Use Only (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ 0.00 ITEM CHARIER STATUTE F{SCALYEAR GEN. SERV. DEPT APPROVAL TOTA��rl++ 8570-001-0001 98 98/09 GEN. SERV. tj (f [H (} DATE OBJECT AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE(CODE AND TITLE) NOT (1 EQ U!R LD PER R 1,532.18 55907 SAM 1215 t hereby certNy on my own personal knowladge that budgeted funds are T.0 A.No. available for the period and putpose of me expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER (DATE Certtfloation of fund avallabiW is on file with the Department of Fbod&Agriculture j (' 1 CONTRACTOR r i STATE AGENCY U DEPF,Of GEN.SER. 1 CONTROLLER CONTRACTOR r 0 X 1. The Contractor agrees to indemnify, defend and save harmless the Mate, its officers, agents, and employees from any and all claims and losses_accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation fumishing 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 Mate of California. 3. The Mate may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fallto perform the covenants'herein contained at the time and in the manner herein provided. In the event of such termination the Mate 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 expenses incurred.in the performance hereof, including travel and per diem, unless otherwise expressly so provided. .... . ..... ..... ..... Agreement No. 98-00381 C.112- Page 2 RESOLUTIONS A copy of a resolution, order, motion, or ordinance of the local governing body by law having authority to enter into the proposed contract authorizing execution of agreements must be included when contracting parties are county, city, district, board or commissions. 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 sey), which prohibits discrimination 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 fallowing 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: (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 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. DISPUTES Any dispute under the terms of this Agreement which is not disposed of within a reasonable period of time not to exceed ten days by the Contractor and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer,or designated representative,of each organization who shall use their best efforts to jointly resolve the dispute. 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 t 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 Entitv Clauses Revised 8/1' 197 Agreetnent No. 98-0081 G.12. NONDISCRD IINATION CLAUSE(OCP-1) Page 3 During the performance of this Agreement, 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 cid, 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 five from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the pair Employment and Housing Act (Government Code, Section 12900 et seq.)and the applicable regulations promulgated thereunder(California Code of Regulations.Title 2,Section 72$5>.0 et seq.). The applicable regulations of the Pair Employment and Housing Commission implementing Government Code. Section 12990(awl),set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Agreement 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 agreements. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. AUDIT 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. AM END MENT/CANCELLATION This agreement may be amended upon written mutual consent, or canceled by either party, upon thirty clays written notice unless otherwise stated. In the event the State cancels this agreement due to Contractor's Breach of Contract, the State shall have the authority to terminate this agreement immediately upon giving notice to the Contractor. DISABLED VETERAN-OWNED BUSINESS ENTERPRISE AUDIT Contractor agrees that the awarding department or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of the Agreement. Contractor 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 further agrees to maintain such records for a period of three (3) years after finial payment under the Agreement. PERSONAL SERVICES This Agreement has complied with the Standards set forth in Government Code Section 19130(b), Public Contract Code Section 10337. 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 Agreement 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 Agreement and the Contractor shall not be obligated to perform any provisions of this Agreement. INVOICES AND PAYMENTS The Contractor shall render invoices in arrears, in triplicate, for charges in accordance with the payment provisions of the Standard Agreement. Payment shall be made in accordance with the State Prompt Payment Act. Public Entity Clauses Revised 8/12197 Agreement No. 98-0081 G.a2 Pace 4. LABOR CODEIWORKER'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 Agreement. SUBCONTRACTING Contractor shall not subcontract any services under this Agreement without prior approval of the State's representatives. PROFESSIONAL WORK All work is to be performed in accordance with all acceptable State standards. Public Entity Clauses Revised 8/12/97 Standard Agreement No. 98-0081 1998199 AGREEMENT BETWEEN CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE EGG QUALITY CONTROL PROGRAM AND CONTRA COSTA COUNTY 1. A+GREEMMNT (a) It is agreed and understood that in accordance with the California Food and Agricultural Code, Part 4, Chapter 1, and the California Code of Regulations, Title 3, Part 4, Chapter 1, this document becomes the official Agreement between the California Department of Food and Agriculture(State) and the County of Contra Costa(County) for the disbursement of funds for egg quality control activities. (b) This Agreement shall be for the period commencing July 1, 1998, through June 30, 1999. The total amount payable shall not exceed $1,532.18 in accordance with the attached Fiscal Display identified as Exhibit "A", displaying the State enforcement funding for production, wholesale and retail inspections and wirebasket enforcement, and by this reference made a part hereof. (c) Payments will be made, as shown in Exhibit A, upon submission of completed Form 9, to: California Department of Food and Agriculture, Egg Quality Control, 1220 N Street, Sacramento, California 95814. The following is hereby agreed to by the State and the County regarding egg quality control activities. 2. RESPONSIBILITIES The State shall: (a) Assume responsibility for coordinating the training and supervision of inspectors/ biologists as may be employed by the County Department of Agriculture for work to be done under this Agreement. (b) Provide the County with inspection forms, noncompliance boobs, worksheets, hold-off- sale tapes, and Report Form 9s. (c) Provide for the collection of the necessary fees from the egg industry and compensate the County for the following services: Standard Agreement No. 99.0081 o California inspection and wirebasket enforcement: An amount based on the number of 100 egg samples, as shown in Exhibit A, to be inspected at production, wholesale, and retail outlets. he CQU= shall; (d) Maintain hourly work records for each inspectorlbiologist on a daily basis, showing service performed under this Agreement together with copies of egg inspection worksheets that show the quality of eggs inspected, eggs rejected, and>the number of 100 egg samples inspected. Copies of the worksheet will be given to the plant management after each inspection. (e) Submit completed Form 9 during the first month following the quarter for which the charges accrue. (f) Maintain all records for a period of three years after final payment. (g) Permit the State to inspect such hooks, records, accounts, and other materials relevant to this Agreement. (h) Furnish the necessary inspection equipment, transportation, office space, supplies, and support services for carrying out the inspection work under this Agreement. The State and County agree: (i) Quarterly payments in arrears will be made as outlined in section 1(c)and as shown in Exhibit A for production, wholesale and retail inspections and wirebasket enforcement. () To receive the maximum payments for production, wholesale, and retail inspections, the minimum number of 100 egg samples, as shown in Exhibit A, must be inspected.. If the minimum number of 100 egg samples are not inspected by the end of each quarter for production and wholesale, and by the end of the fiscal year for retail inspection, payments will be made at the specified rate per sample, as shown in Exhibit A. 3. WIREBASE ET ENFORCEMENT (a) The County shall perform wirebasket enforcement,which will be conducted at the same time that production and wholesale inspections take place, at the inspection rate as shown in Exhibit A. (b) The State shall pay for wirebasket inspection on the basis of Exhibit A. G . 2- Standard Standard Agreement No. 98-4081 (c) To receive maximum payments for wirebasket enforcement, the minimum number of 100 egg samples must be inspected by the County at production and wholesale. (d) The State shall also pay additional compensation for wirebasket enforcement that necessitates additional hours to be paid at a separate rate. Such work will be limited to: (1) Hours(rounding to the nearest half hour) spent conducting wirebasket related office hearings; and/or (2) Hours (rounding to the nearest half hour) spent performing wirebasket inspections where five or more noncompliances have been served to any one handler. (e) The State shall pay additional compensation to the County for hours permitted under section 3(d)at a rate of$35.00 per hour, contingent upon prior approval by the Secretary of the Department of Food and.Agriculture,unless funds allocated for such additional compensation are exhausted. (f) Wirebasket enforcement shall be documented on Form 9 and sent to CDFA. (g) Payments from the State to the County for additional hours will occur quarterly and will be included in the payment as outlined in section 20). 4. ADDITIONAL PROVISIONS (a) The appropriate State supervisor may observe the actual inspection of eggs in the County at any time where work is being done under this Agreement. (b) All licensed certified inspectors shall adhere to the California Food and Agricultural Code, Egg Inspection Manual, and program enforcement policies. (c) State and County personnel will keep each other informed of all activities pertaining to inspections made pursuant to this Agreement. (d) 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 responsible for their wrongful acts. (e) This Agreement may be amended upon written mutual consent, or canceled by either party, upon thirty (30) days written notice. (f) 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 Agreement shall be of no further force and effect. In this event, the State shall have G- °12. Standard Agreement No. 98-0081 no liability to pay any funds whatsoever to the County or to furnish any other considerations under this Agreement, and the County shall not be obligated to perform any provisions of this Agreement. This Agreement shall not be considered effective until signed by both parties. Richard Kozuki Date Egg Quality Control California Department of Food and Agriculture Ed Meyer Bate County Agricultural Commissioner County of Contra Costa .......................................... ............ Standard Agreement No.98-0031 Exhibit A County of Contra Costa Funding and Inspection Display STATE ENFORCEMENT RETAIL INSPECTION Minimum 100 egg samples to be inspected 83 Funding per 100 egg samples $18.46 Maximum funding $1.5=18 PRODUCTION INSPECTION Minimum 100 egg samples to be inspected 0 Quarterly 100 egg samples to be inspected 0 Quarterly funding $0.00 Funding per 100 egg samples $14-87 Maximum funding 19M WHOLESALE INSPECTION Minimum 100 egg samples to be inspected 0 Quarterly 100 egg samples to be inspected 0 Quarterly funding $0.00 Funding per 100 egg samples $14.87 Maximum funding $0.00 WIREBASKET ENFORCEMENT (To be performed while inspecting 100 egg samples at production and wholesale) Funding for wirebasket enforcement performed during each 100 egg samples inspection at production and wholesale $4.00 Quarterly funding(based on the number of quarterly 100 egg samples performed at production and wholesale inspection) $0-00 Maximum funding $0.00 TOTAL STATE ENFORCEMENT $1,532.18