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Home My WebLink About72-113BE ZT RESOLVED, that the Board of Supervisors of the ~ovnty of Butte hereby approves the attached coatract and ~ereby authorizes the chairman of this Board to execute same on behalf o~ the County of Butte. PASSED AND AC)OPTED by the Su~te County Board of Supervisors this 20th day of June , 1972, by the followiz~g vote: AYES: Supervisors Douthit, Ladd, Madigan, Maxon and Chairman Gilman. NOES: None ABSENT: None NOT VOTING: None ATTEST: CLARK A. NELSON, County C~erk and ex-officio Clerk of the Board By~~~'a ~~ D ART GILMAN C airman Board of ervisors COUNTY INSPBCTiON SERVICE AGREEMLNT THIS AGRE6l~N~, made and entered into tt-is day of '~'~ , 19~~, by and betwenn the County of 81~~'~ , hexeinaftnr referred to as the Countp, and the ~X A~ Advisorq Board, hereinafter referred to as the Board, acting pureuant eo the auChority o£ the Director of Agricnlture of the Stata of California: WITNI~SS$TH WHEREAS, the 1Hrector of Agricultura of the State of California, t~as feaued and made effecC3ve a Marketing Order entitled Marlcetiag Order ~~ ~~~'~ ~~~~ , Which Marketing Order becama effective on ~~ a~• ~~ , and WHSBSAS, pursuant to the proviafona of aaid Marketing Ordcr the Boaxd, with tha approvai of the Director of Agriculture, is suthorized to arrauge £or the inapection, certification and enforcement aervices required pursuant Co sai.d Marketing Order and rulae and regulations reco~ended by tha Board and spproved by the Directos of Agri¢ul- ture, aad WHEREAS, the Hoard desires to enter into an agreemeat Wi.th the County, wherein and whereby tlne Coumty Agricultural Co~nisaioner, his deputies, inspectors aad other assiatRnte wi3.3. provide iaspecti.on, cexti.ficakiom and en£orcement services upoct ~e-1~'1'~-' ~~- iu said Cou~ty pursuant to the provisiona of safd Marketing (commpdity) ~ Order and said ruies and regulations made effective by the Director of Agriculture thereunder, and WHER¢AS, the County Agricultusal Commiasionar, his deputies, inepnctors and oxher assiatants are ia a poaition, by reaeon o# theis location, experience and tha perform- ance af other aimilar duties undnr ths proviaions of the Agricultural Code of tt~e State of Cal,ifornia, to provide the necessarq inapection, certification and enforcameat aervicea required by the said Hoard; NOW, THEB&FORB, IT IS 1~1TIJAbLY UNQERS~OOD AND AG~EED by and bet~wean the partiea hareto as follawa: • 1. For tha purpoaex of this Agreement the CnunCq, Chrough its Board of Super- visors, exprexaly approves and accepts Cha appointtiaeat, and tha Board, with th~ approval of the Airector of Agriculture, t-nreby appofnta and deaigaatea the County Agricultural Co~i.aaioner, hia deputi~a, inapactora and otirar as~iatsnts as employeea and official agnnts o£ t~e Board in ~rforming the inepectioa, ceztiEication and enforcement servicea agreed to be performad herein. It i,e mutually underatood and agraed, however, that aince the said Commiseioner, his depatias, inspectors and other assistante are regularlq employed by the County and their servicea to the Soard hereunder will be ugon a part-time and aeasonal basie only, compensation therefor will be mada by the Board direcClq to the County in the amoaat or at tiie rates set forth ia Paragraph 5 heraof. 2. It is mutually undereCOOd and agreed that the Board, wfth the approvai of the Directox, shall be reaponaible for the establiahment of the officia~ grade ~peciFications and tolerancea thereupon together wi.th the general procedures to be folloved ~or inspecCion and certification and for en#orcement acCivities agreed upon to be performed hereunder. Tlue principal duties of the Cammis- aioner, his deputies, inspectora aad othex assistants assigned to the work agreed upon Co be performed ttereuader ehall be those of providing an offfcial ~ inapection and certificatiou eervice and including cestain specified enforce- ment aervicea. In the performance of their duties apecified hereunder, the Commissioner, his deputies, inspectora and other assistants so assigned shall be official agants of the Board and exempt from peraonal liability in the . performance o£ such duties as provided in Section 58847 of the Agricultural Code . ~ • ; 3. The Agricultural Commiasioner, inso£ar as is reasonably posaible, will perform such~~inspectioa, certi£i.cation and enforcement aervicea agreed upon hereuader ia abdordance with the provisions of the said Marketing Order and xules and regy~`lations made effect~ve thereunder upon all ~'},Y ~`~~ apon which (cqmmodity) inspectioa aad certification ia raqueated by produoera, ahippers, distributore !~ 1 fo,r oth~r handlers in the said Couaty or upon the request o€ an anthorized `~~repreoe,,ntative of t~e Board or of the Bureau of Marketing, Celifornia Depart- ~~meat of Agticulture, aad in addition the said Commissioner, his deputies and .~I inspectors r•ill upon thair own initiative per£orm inepection upon lots obvi- ';'~ ously.appearfng noC in compliauce wiCh thn said quality specificatioas and ' any rules and regulatfons ralating there[o and mada ef#ectfve pursuaaC to % esid Marketing Order. Ia connection with anch inspection and certificat4on -2- eervices, the Commissioner, hi• deputies, isspectors and ottyer asaistants under authority of the said Director, vill affix and rennove hold-taga providad by t~e. Hureau of Marketing upon any iote of ~~~ ~~ (commodity) Which do not meet the said quality apecifications and other requirementa and Wi11 xeport Go the Hureau of MarkeCing and to the Hoard amy ~ota Which fafl to ao comply. 4. Iasofar as is reasouably possible, the Agricultural Commissioaer will pravide an adequate namber o£ inspectora to perform the duties required hareunder. 5. 1he Board agreas to pay the County for the additional expenses iacurred by the County in perfarming the inspectfon, certf£iaation and enforcement aetrvices performed pursuant to this Agreement at the xate of ~`~~'~ ~~~i~r s1DIG ~9 ~a'~e~ $ 6.~10 }~x' Ize~utr, ~ka~,1~ p~~ts~ ~a ~rrr€a~sa ~Sl~er tt~- c:atn~ p~ ~m5.~~. ~o1~s~ co~ ~~ ~s~#au~t~e~!! ta !3~ 1e,~ ~a $~Ot1.0~ Tha Board wfll make such payments to the Couatp through the Director of Agriculture, said payments to be ba:sed upoe appropriate bi2linga presented to the Board in triplicate by the Agricultuxal Co~3asioner fallot,iing the last daq of each calendar mont~. 5. The compensation set forth in Paragraph 5 hereof is in part paqment of neceasary workmen's compensation premiums covering the eervices of the eaid Commissioner, his deputfes, inapectors and other aeaiatants vhile actiag as official agents of the Board ia performing tha inspection, certificatioa aad enforcement activitiss agreed upon purauant Co tha terms of thia Agree- ment and the County sha11 pxovide the nacessarq workmen's compensation insazance Without further expenae to tha Board. 7. This Agreemeat is not asef,gnable by Che Countq either in whole or ia part. 8. The proviaioae in tha addeadum entitled "Fair Employment Practieea Addendum" are hereby incorporated herein by reference aad made a part hereof as compleCely and fully as i£ set out at length herein. • 9. It is mutually underatood and agreed tl:at no alteratiion or variation of tha tern-e af tMa conCr~ct shall be valid unless made in writing and sigaed by the partiss hereto and Ct~at no oral understandi.ngs and agraements aot incorporated t~reiu and ao alteratioae or variations of the terme Iuxeof, -3- unlees made im w~citing between the partiea hereto, ahall be binding upon any of the partiea hereto. 10. The term of thia Agreemnnt shall. be from _ ~7txlir 1~ , 19 7?, to and including ~ 37.• , 19 9~; said Agreemenr, hoirever, ehall aot be binding upon eithar party hereto unlesa and until the same has beea approved by t~e Director of Agriculture; provided, hotirever, that this Agreement may be terminated b~ eiti-eac partq herato upon givfag thirtq (30) daqs' Written notice to the otber party. IN WITNBSS WgERBOF, thia Agraemsnt has been executed in i+~nsr (copies) by and on behal£ of the parties hereta, the day and year first above written. ~ipproved as to Fiscal and Budgekary Canirol Aud~' r's ' ' oa• .~r.t sY -; -~-_~..~ APPROVED: ' ' +, DIRECTOR OF AG~CIILIURE By Date ~PPAOV~D A5=TO ~0;;;~,~ Daniel V. Biackstcck uite Count ~ (;ounset ~ B~ ----°-.•• •L/__'__~,--~~~~-~--~. COU ay ~11- Ai'~Pla---- ADVISORY HUARD By ~j . '(~-Il'ti- ~ 6r+A-fi8 _4_