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Home My WebLink About74-087., : .. :: >, , ,. . . ftesolution No. ~~-s~ RESOLiITION APPROVING AG~EEMENT ~'QR k7GG ZNST'ECTION SERVICES WITH THE DIRECTOR 0~ FOOD A].VD .AGRICULTURE AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF SUPER'VISORS TO ~F~CUTE ON BEHALF OF THE COUNTY OF BUTTE B; IT RESO~,V;;D that the Board of Supervisors o:E the County of Butte hereby approves the attached above-entitled agreement- between the County of Butte and the Sta~e Direc~eor of Food and Agriculture and hereby authorizes the Chairman o~ this Boarc3 to execute same ' on behalt of the County of Butte. Pk'155ED A~?D ADOPTED Ly the Butte County Board of Supe1~~,~isors tha.s lsth day of _, June _ ___, ~9 74, by the follo«ing vote: AYES: Supervisors Cameron, Zadd, McRiilop and Chairman Madigan ' NOES: None ABS~N~': Supervisor Gi~man NOT VOTING: None '~--- - ~1CK MAAIGAN^ airman of t~ie ATTES'T: CLARK A. NELSO~I, Gounty Clerlc and ex-officio Clerk of ~.he Board BY Cf ~-+~//L ~.~<!~uta•-. ----- STATE OF CAI.IFORiQIA DEPARTMENT QF FOOD AND AGRICULTT]RE EGG A.NA POiTLTRY QIIALITY CONTROL MEMORANBUM OF 13NDERSTANDING F022 SERVICES .k'ORState Enforcement of C De rt.ment of Foac7 and A riculture E S~andards and Federal Certificatio~ and Surveillance of Eggs ta i7. S. S~andards This memarandum of'understanding for services for enf ozcement of state ecrcr standards and ~ederal certification & survei3.].ance af eacis. is entered into between tha Caunty of Butt e , hereinafter called the County, and the ll3rector of Food aad Agxicul.ture, hereinafter referred to as tha DirecCnr, pursuant to Section 40531 and 2 of the Foad and Agricultural Code. Thfs contract shall be effective ~uly 1, 1974, and terminating by .7une,30, J.979, as stated in paragraph'S. ~,,. _ _ _ _.._, _.._ "`1. ~Sarvices-to be perfazmed bq the County, and coadit~ons of servfce, are listed on attachment "A" to this contract, which document is bq Chie reference tnade -a-part of--this agxe~aent. 2. Compensation Co the couatisa undex texms of this agreem~n.t are 7.isted in attachment "B" whieh is attached hereto and bq Chis referenc~ mad$ a part hereof. ~' `'` -- Hy February 1, preceding each fiscal year during the_term hereo~, the Directox shall notify the County of the amount of money available to `the County for the services to be perforsaed under this agreement by -- submitting an amended-ExhibiC "B" to the County for approval. 3. Tt-e County shall maintain time slips for each inspecCor oa a'~dailq basis showing the number of hours spent hy each man performing services under this agree~aen't together with copies o£ off~,ciai cer- tificates as specified by the Director an~ any other records a~ required giving a summary of work performed. 4. The Gounty, oa a quarterly basis, sha~.l submit to tha nirectoz an invoice for the work performed show3ng the amount of salaries based upon the numher o£ hours wrorked as agresd upon and for USDA work, a separate amount for expenses to be a13.osred such as mileage and other nscessities required in the inspaction work. 5. No alternat3on or modificatfon of thi.s agzeement is valid unless made in writing and aesented tn in the same maaner as this agreement. 6. Th3.s agreemeat may ba canceled by either party upon thirty (30) days wr3tten notice or upon term3.natioa of £und3.ng by the United Statea Department of Agricultuxe. Should the contracC be terminated, pay-- ment sha11 be mada fnr work performed up Co the effect~ve date of terminativn. Notice to the Agricultural Commissioner o£ said County sha11 be deemed notice to the County. Notice to the Chief, Egg and Poultry QualiCy Control in Sacramentio shall be deemed notice to the Airector of ~ood and Agriculture. , Page ~ao • 7. In the performance of services, the State sha1Z be respoasible £ar any liability resulting from ehe negligent or wrongful acts or omissions of i.ts officers, agents, and emp~oyees, and the County . ahall.be responsi~bie fox any 1~abiI,ity resultiag from Lhe nagligent : or wrong€ul acts or omissions oE 3ts.off~.cera, ageuts, sud emplo}rees. 5....,The at'tached,Fair Employment Practices Addeuduza (Std. Form 3) is 3ncorparated by reference.and.made a par;t_hereof. _ 9.~ This memorand~ of understanding shall aot be conaidered to be : effective until'signed,by both part3es. . - ' BOARD OF SUPERVISORS p~4,~ ^~~ C. B..CHRISTENSEN COUNTY OF ~'~ ~ ~ ~ . Director of Food and Agriculture Cha3.rman z ,, ... . By . , . A.ttest: Fiscal Officer C' ^. ;~: %;. ~1~LS~~i , . : CGutiTY CLERK Appioved as to Fiscal • ~ ~ and Budgekary Control ' ey " . ' . ,~~ Aud;tn~'s Deo tment Cl.erk of said Board . ~Y ~ s~-~ ~ /. ~~.~'~~-~~~~ ~ ~ ~ /~~~ y APP[20VED AS TO FORM ~'uite County Counsel " Daniet V. B~acks+ock sy ~---~=r~~=-~=`.~ l ~ 5~-7-~7 ~~~• 5-74) _ _ _. _ ..... - _.. ... . . _ -- T -- __ ... . ~ T . . . • ~ ' . . " . . i) . - ~ ~~ ' ATTACHM~.'NT A : METkiOD OF PROCIDURS FOR ENFORCII~~'IT OF BEPARTMf:NT 0$ FOOD AND AGRICULTURE STAI3DARDS AiiD E~OR CERTIFTCA,TIQN ANA SIJ1tPE7LLA~TCE OF EGGS TO U.S. STANDARDS PART I Tke State - (a) through the StaCe Supervising Enspector vill assume responsibil~.ty for coardinating the training and supezvision of inspectors, inter- ~ preCat3.qn and appl~catioa of gradea, and methods ot maicing i.nspections.. _..: ..: _; (b) through the Federal.Supervfsing Inspector will issue Federal licenses ~ to~such qualified inspectors as map be emgloyed by the Countp Depart- ~ ment of_Agricnlture for work to be done under their agreement that requ3res a~Federal iicense. (c) wi11 furn3sh the standard inspector's noCes naw in use under simil.ar cooperative agreemente with the various eounties; provided, that additio~aa7. pzi.ating whic~ a.s ag~eed npon by bath parties to be necessaxy to the work under thfs agxsement may be doae by the county and the cost of such printing aha1.1 be credited to the county in the quarteriy billing to the State. {d) w111 psovide for the collection of the necessary grading fees either directly or through the Federal. truat fund. PART II The County Department of Agriculture - (a) will keep a separate and compl.ete accounting of a1Z receipts or expex~ditures of monies and all Cime slips £or the work done under this agreement, and Che Department of Food and Agriculture shall have an ogportunity to audit these recorda perfodicatly. The audit shall cover tha terms amd provisions of this agreement and the report shaZl conta3n a statezaent of f~z~ancial condi~ion. These records shall be acceseible to the State Supervis3ng Inspectors at a11 timea. All suct- receipts, time slipa, and other records as required by t~e Director shall. be ma~ntained aad kept bp the countp until audited. However, in no case, evea•though nat audited, shall Che county be required to mafntain any recoids for a period Ca exceed five (5) qears. (b) will pay an t-ourly rate and any necessary expenses £or the time inspectors are employed to work under this agreement. (c) sri1l furnish tha necessary inspectioa equipment, transportation, office space, expenses and supplies, and c].ezica7. help fox carry-- ing on the inspection work under th~s agreement. (d) w~ll use only federally-licensed personnel to certify eggs for U.S. staxidaxds. . . , . ... \ ~ . . . . PART III __. . _ . . _ ,,. 5 . -. , _ Mutual agreements~~•- Tt is mukually understood and agreed that -, (a) the appropriate Federal-or State Supexvisors wil7. have the ri.ght to enter any countq at any time where work is being done under this agreement to nbser~ve Che aceaal inspection of eggs. (b) :all licensed inspectars sha11 adhere to current regulations in 7 CFR, Part 56 - Grading of Shell Egga and Un1Ced States Standards, Grades, aud Weight Cl.asses for Shel~. Eggs. .Said regulaCions are incorporated in this.agreement by reference. (c) State and Couaty personne3. wi.ll keep"each other informed on all activitiea pertaining to inspections made pursuant to this agreement. , ,. . _ . .' 5-74 _ ~ _ _ . _ __ __ . _,. __ _ _____ _ . ---- -___ _ . . _ . : _ _ ~l fI :_ _ . -_.. _ ~ . . .. . . . 4 - ~ . . . ~ STATE OF CALIFORI3IA DEPA1tTMENT 0~' FOOD AND AGRICUI.TURL EGG AIID 3'O1JL.TitY QUALITY CON~ROL ATTACHi~SE~7T B . ' Ai[TTIJAL ,A,GREEMENTS FISCAL YEAR .IUI.Y 1, 1971y to JITI3E 30, 147~ PART I CaZiforaia EnforcamenC - - It ts mutually undezatood and agreed that the hourly rate to be ~ paid far esaforcemenC of California Standards (m31i fee) shall ~;;;~` be $5 per hour. ,The total. amount sha3.1 not exceed $ ~.~pd.00 • = PART Iz USDA Surveillance - It is mutually understood and agreed tha~ 'the hourly rate to be paid for USDA aurveiiiance is $6 per hour. 7.'he total amnunt ~ - 81'l81~. ri0~ CACEEd $ , ~ ' ~~~ ?° C ~ . _ ~ .) raxT zu USDA Certification - It is mutually understood and agreed that the hourly rate to be paid for IISDA Certificatioa sha11 be per hour. xhe total 7~~ $ ~ amount sha12 noC excee~ $100.00 ~ 5-7~+ FAIR EI~IAYMENT PRACTICFS ADDENDUM~ 1. In the performartce of this contxact~ the Contractar w~.ll not d9.scri.minate against any employee or applicant for employment because of race, color, reli- gion, ancestry, sex, age', or nationa~. origin. The Contractor wi.}.I. take affir- mative action to ensure that app3.icants are employed, and that employees are treated during employment, ~+ithout regard to their race, color, reli~ion, an- cestrg, sex, age, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruit-. ment or recruitme~t ac3vertising; layofP or termination; rates of pay or other forms of compensation; and selection for training, including agprenticeship. The Contractor sha11 post in conspicuous places, at~ail.able 'tn emp7:oyeas and. applicants for eroplo~ment, notices to be provided by the State setting forth tha provzsi.ons of this Fair Employment Practices section. 2. '~he Contractor wi,ll parfnit access to his records of employment, ertr,ployment advertise~ents, application forms, and other pert9.nent data and records by the State Fair Erap~.oyment Practices Comiaission, or any other agency of t~.e State of Califarni.a designated by the aaarding authority, for the purposes of investiga- tion ta ascertain compliance with the Fair Employment Prac~ices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willflxl. violation of the Fai.r Employment Practices provision tio have occurred upon receipt of a final judg- mer~t having that effect from a court in an action to whiclt Contrac- tor was a party, or upon receipt of a written notice from the ~'air ~ ~mployment Practioes Commission that is has investigated and deter- min.ed that the Contractor has violated the Fair Emplayment Practices Act and has issued an order, undez Labor Code Section I~2b, which has become final, or obtainea an injunction under Labor Code Section 1429. {b) For willful violation of this Fair Ernployment Practices pravi.sion, the State sha31 have the right to terarinate thxs contract either in wYcole or in part, and any loss or damage sustained by the State ~.n securing the goods or services hereunder sha3.1 be borne and paid for by the Contractor and by his surety under the performaxzcs bond, i.£ any, and the State may deduct from any moneys due or that therea£ter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. "It is unlas+fuJ. eraployment practice for an employer to r2f'use to b.ire or employ, or to discharge, di.smi.ss, reduce, suspend, or 8emote, any individuai between th~ ages o£ 40 and 64 so7.ely on the ground of age,..." (Labor Code Seetion 7~420.7.) STD, rT~RM 3 (Rev. 8/73)