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HomeMy WebLinkAboutMINUTES - 03182008 - C.32 (2) lJ TO: BOARD OF SUPERVISORS CONTRA FROM: Lori Gentles, Director of Human Resources "` COSTA DATE: March 18, 2008 COUNTY SUBJECT: Exempting Chief Deputy Agricultural Commissioner/Sealer of Weights and Measures from the Merit System SPECIFIC REQUEST(S)OR RECOMMENDATION(S)`&BACKGROUND AND JUSTIFICATION RECOMMENDATION: Adopt Ordinance No. 2008-08 to exempt from the Merit System the classification of Chief Deputy Agricultural Commissioner/Sealer of Weights and Measures. FINANCIAL IMPACT: There is no fiscal impact associated with this action. BACKGROUND: This Chief Deputy Agricultural Commissioner/Sealer of Weights and Measures position will become vacant due to the promotion of the current incumbent to the Agricultural Commissioner-Director of Weights and Measures. The Chief Deputy Agricultural Commissioner/Sealer of Weights and Measures operates as an assistant department head and meets the requirement for exemption from the Merit System pursuant to Administrative Bulletin 430 Establishing Exempt Classifications. CONSEQUENCE OF NEGATIVE ACTION: The classification will not be properly classified. Q f� CONTINUED ON ATTACHMENT: X YES SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ION OF BOARD COMMITTEE . APPROVE OTHER SIGNATURES : np ACTION OF BCA ON L D APPROVED AS RECOMMENDED 'X OTHER VOTE OF SUPERVISORS ,p I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT UNANIMOUS(ABSENT ���T ' f ),, COPY OF AN ACTION TAKEN AND ENTERED ON THE AYES: NOES: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE ABSENT: ABSTAIN: SHOWN j Orig. Dept: Human Resources Department-Lori Gentles(5-1766) ATTESTED l/9./d v cc: Human Resources Department JOHN B.CULLEN,CLERK OF THE BOARD OF County Administrator S VISORS AND COUNTY ADMINISTRATOR .County Counsel Auditor-Controller Agriculture ° BY DEPUTY 'M382(10/88) 4 ' ORDINANCE NO': 2008-08 (Excluding the chief deputy agricultural commissioner/sealer of weights and measures from the merit system) The.Contra Costa County Board of Supervisors ordains as follows'(omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I: Section 33-5.341 of the County Ordinance Code is amended to add a new subsection (b)to exclude from the merit system the class of chief deputy agricultural commissioner/sealer of weights and measures, to read: 33-5.341 Agriculture Weights and measures. (a) The offices of county agricultural commissioner and of sealer (director) of weights and measures are excluded and are appointed by the board. (b) The chief deputy agricultural commissioner/sealer of weights and measures is excluded and is appointed by the agricultural "commissioner/director of weights and measures. (Ords. 2008-08 §1, 81-70 §2, 81-32 §I[17], 79-17 §4: former § 32-2.638: see § 24-24.002, Food-Agric. C. § 2121, and Bus.-Profs. C. § 12200.) SECTION Il: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days of passage shall be published once with the names:,of the supervisors voting for and against it in the C.0&. W= r-es-rA -(]nn E- , a newspaper published in this County. PASSED ON by the following vote: AYES: 6n C)l , L4 t r F AAAA V®N LL,,A 0 - NOES: �- ABSENT: ABSTAIN: ATTEST: JOHN CULLEN, Clerk of the Board and County Administrator 4ardChair 4 By: D y VLD:H:\ordmances\ExemPn6rdinance5\Agricbnure 2008 08.wpd(2/27/08) [SEAL] ORDINANCE NO. 2008-08 Legal No. 0002748877 Contra Costa Tames P O Box 4147 Walnut Creek, CA. 94596 n (925) 935-2525 RECEIVED Clerk of the Board of Supervisors June-Rm 106,651 Pine St., ist Fl. APR 2 8 2008 Martinez CA 94553-1275 CLERK BOARD OF c l!PER ISOHS PROOF OF PUBLICATION CONTRA COSTA CO. FILE NO. 2143 In the matter of I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598 . And which newspaper has been adjudged a"newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy(set in type not small than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: 4/10/2008 certify(or declare) under the penalty of perjury that the foregoing is true.and correct: Executed at Walnut Creek, California. On this 22 day o April,2008 Signature i Contra Costa County Public Works " Department - 255 Glacier Drive, .. - Martinez,California - 94553-4897 NOTICE TO CONTRACTORS " The Public Works Direc-• - tor will receive sealed bids at the Public Works' - Department, C.C. Rich - Building, 255 Glacier Drive, Martinez, Califor- nia 94553-4897, until 2 - o'clock p.m., 09 May 6, - 2008,at which time they will be publicly opened - _and read,for:Stone Val- ley Road Rehabilitation. . General work descrip- tion: Constructing a 0.2 foot thick asphalt con- crete overlay with pave- ment reinforcing fabric, repairing localized areas of pavement and base - - failure,cold planing ex- isting asphalt concrete, minor concrete bridge rehabilitation, metha- crylate bridge deck and placing . striping and pavemet markings. Engineer's cost estimate:$500,000 - - A pre-bid meeting will be held on Monday, April 21 2008 at 10:00 . a.m.at t6 Public Works Department. This meet-. mg is to inform bidders - of project requirements and to of ' subcontracting and ma- terial supply opportuni- ties. Bidders attend- ance is recommended but not mandatory. This project is subject to the "Buy America" pro visions of the Surface Transportation Assis- tance Act of 1982 as amended by the Intermodal Surface Transportation Efficien- cy Act of 1991. The County of Contra - Costa affirms that in any - contract entered into pursuant to this adver- tisement, disadvantag- ed business enterprises will be afforded full op- portunity to submit bids in-response to this invi- tation. Contract.Documents,in- cluding plans and speci- fications, may be viewed and/or obtained at the Public Works De- partment, C.C. Rich Building, 255 Glacier Drive,-Martinez, Califor- nia 94553-4897,Monday- - Thursday(7:00 a.m.- 12 Noon and 1:00 p.m.-5:00 - _ - p.m.), and Friday (8:00 a.m.,- 12 noon and 1:00 p.m.-5:00 p.m.). Toob- tain plans and specifica- tions a service charge is required in the amount ' of$25.00 (sales tax in- cluded). n-cIuded). Plans- and - specifications and may - - - - - - be ordered by mail for an additional shipping and handling fee of $5.00. Checks shall be made payable to 'The County of Contra Costa'. and be mailed to the - above address. The Public Works Depart- - ment does not guaran- tee the arrival of the - plans and specifications in time for bidding. Plans and specifications will not be sent over- night mail.. This project is to be ad- - vertised pursuant to Public Contract Code - 22037. - - -. This contract is subject .. - to state contract non- discrimination and com- pliance requirements Code Section Government , The Contractor shall possess a Class A or _ Class C-12 Contractor's License at the time the Contract is awarded. Bids must cover the en- tire project,and neither ' partial nor contingent - - - bids will be considered. The successful bidder shall furnish a payment bond and a performance bond. , Pursuant to Section 1773 - of the Labor Code, the general prevailing wage rates in the county in which the work is to be done have been deter- mined by the Director of the California Depart- ment of Industrial Rela- tions. These wages are - set forth in the General Prevailing Wage Rates for this project, availa- ble at the above address and available from the California Department of " Industrial Relations' ' Internet web site at http://www.dir.ca.gov. - - Future effective general prevailing wage rates which have been prede- termined and are on file with the California De- partment of Industrial Relations are referenced but not printed in the - - - general prevailing-wage - rates. The Federal minimum wage rates for this proj- ect as predetermined by the United States Secre- taryof Labor are set forth in the PROPOSAL and CONTRACT book. If there is a difference be- tween the minimum, wage rates predeter- mined by the Secretary .of Labor and the prevail- . ing wage-rates deter- mined by theDirector of the California Depart-' - ment of Industrial Rela- tions for similar classifi- cations of labor, the Contractor and his sub- contractors shall pay not less than the higher wage. The County of Contra Costa will not ac- cept lower State wage - - rates not specifically in- cluded in the Federal - minimum wage determi- nations. This includes "helper" (or other clas- sifications based on hours of experience)or , Any other classification not appearing in the Federal wage determi- nations. Where federal wage determinations do not contain-the State - wage rate determina- tion otherwise available for use by the Contrac- tor and subcontractors, the Contractor and sub- contractors shall pay not less than the Federal minimum wage rate - - which most closely ap= - - - - proximates the duties of - _the employees in ques- tion. The U.S. Department of Transportation (DOT) • _ Provides a toll-free ' hotline" service to re- -port bid rigging activi- - ties. Bid-rigging activi- ties can be reported Mondays through Fri- days,between 9:00 a.m. and 5:00 p.m., eastern - - time, Telephone no. 1- 800-424-9071. Anyone i with knowledge of pos- sible bid rigging,bidder collusion,or other frau- dulent activities should , use the "hotline" to re- port these activities. -- The "hotline" is part of the DOT's continuing ef- fort to identify and in- vestigate highway con- struction contract fraud and abuse and,is oper- ated under the direction of the DOT Inspector i - General. All informa- tion will be treated con- fidentially and caller anonymity will be re- spected. The. bid opening date may be extended by ad- dendum issued by the Public, Works Depart- ment no later than May - - - „ 1, 2008, in which case any bids submitted for the original bid opening will be returned unop- ened and sealed bid proposals for the ex- tended bid opening shall be submitted on or be- . fore May 20,2008,at 2.00 p.m., and will be opened, read and re- corded at the same ' placespecified above. All proposals-received - late will be returned un- opened. The saidBoard reserves the right to reject any -and all bids or any por- tion of any bid and/or waive any irregularity in any bid received. For questions regarding the project contact Ja- son Chen, Design Divi- - sion,at(925)313-2299. By order of the Board of Supervisors of Contra Costa County John Cullen Clerk of the Board of Su- pervisors and County - Administrator - LegaLCCT 2748877 - Publish April 10,2008 - ` .