HomeMy WebLinkAbout80-194WHEREAS, this Board has reviewed Contract No. 9167. for
pesticide use enforcement; and
WHEREAS, this Board desires to enter into such contract.
' NOW, THERE~'ORE, BE IT RESOLVED by the Butte County Board
of Supervi.sors that:
1. This Board agrees to enter into Contract I3o. 9161
with the State of California for pesticide use enfarcement, a copy
of which is attached hereto as Exhibit "A".
2. Thar the Chair~nan of the Board is authora.zed to sign
said coxztract.
PASSED AND ADOPTED by the Butte County Board of Supervisors
this 15th day of September , 1980, by the following vote:
AYES: Supervisors Dolan, 1°ioseley, Wheeler, Winston and
Chai~nan Zemke
NOES: ~'one
ABSENT: No~.e
NOT VOTING: None I'
t `~~
ROSERT E. LEMKE, Chairman o the
Board of Supervisors
ATT~ST:
CLARK A. NELSON, County Clerk/Recorder
and ex-offic' C1 of the Board
By
R.~SOLUTYON EXECUTING A PESTICTDE.USE
ENFORCEMENT GONTRACT N0. 9161
s' Vfi:r~fi~D AGREEhI~NT - AP7p°"~° GENERAL ~,
~T` TE ~iF,CALiFORN1A ~
S l' U. 2 l9 G~V. 1 l)]57 - ....
THIS AGREEMENT, made and entered 'znto this lst day of ~~lY , 19 $~,
in tha State of Califomia, by and beEween State of CaliEomia, through its duly elected or appointed,
qualified and acfing
~[6NTRACYOR
n ST/TE AG~NCY
J
~ DEpY, OF GEN, SER,
~ [ONTROL4~R
^
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TITLE OF OFFICER ACTING FOR STATE AGENGY NUMHBR
DIRECTOR DEPARTMEIQT OF FOOD AND AGRICULTURE 9161
herea~ter called CI~e State, and
C~UI~TY ~F BUTTE --
hereaJter called the Contractor.
WTTNESSETH: That the Contractor for and in conszderatzon of the covenants, conditions, agreements, and stipulations of the State
hereinafter expressed, does hereby agree to fumish to the State services and materials, as follows:
[Sei /orth service to Ge rendered by Contractoq amount to be paid Contractor, time (or performance or. completion, and attach p[Qns and specif~entions, i~ anyJ
Pursuane to Chapter 510, Item 421 of the 1980/81 Budget Act, the Airector'of Food and
AgriculCure, State of California, hereinafter referred to as Director, and the County
of Butte, hereinafter referred ro as Countq, hereby agree as follows:
The Director will subvent to the County a sum of $29,516 for the purpose of impl.ementing
new pesticide permit regul.ations mandated by California Administrative Code Title 3, ~ J
Chaptier 4, Subchapter 1, Group 2, Article 20, Section 2452, Subsectioz~ (j), for the N ~
period July 1, 1980 through June 30, ~R81. -
The CounCy will implement these new regulations in accordance with the attached "Protoc~@~~~ ~
Restricted Material Issuance and Follow-up" which is identified as Exhibit "A" which b~ 'a ~
this reference is made a part hereof. .~-= a°;
~ ~ ,ri
The firsC payment of monies to the County will be 50 percent of the contracted sum. and-~, ~, a
shall be made to the County upon receip~ and approval o£ a written detailed work plan o;"-`o
as outlined in the attachment entitled "Work Plan Outl3ne" which ~.s identi~ied as ~ s ~,
Exhibit "B" and by this reference made a part hereof. 4-° ~" s'
(Cont3nued on. Page 2) ~
The provisions on the reverse side heEeoE constitute a patt of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above wcitten. ~
STATE OF CA~.IF'ORNIA CONTRACTOR ~ ~ _ ` ~
AGENCY GONTRACYOii (IF OiM[n TnAN AN ~ND~vIDUAL, STATE WHETHEq A GOPI~I'fRA~
PApFHEN5111P, ETC.1 N m ~
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BY fAl3 RIZED SIGhEATU °1
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~~p 16 1980 ~~ ~ e
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CHAtfiMAN OF BOAR~ OF Sar¢4viv~os
noorxess
IGONTINVEO ON_.SMEETS, EACIi BEARING NAME OF CONTRACTORI
~~*~~ '~~ AMOUNT ENCUMBERED PPROP /TION
Su~ven`~ion to Counties FVN
or est~ci ~
U~e ONLY 29 5l5 • ~~L
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pal n qt10(+^'~
LNENCUMBERED 6ALANGE
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STATVTES F15GAL Y A ~}
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~ ~ ; .,x• I 5erv3ces
!~c;,. 1~, , 421 510 ~ 80 "~ :
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`' AOJ. INCREA5ING ENLUMBIiANLE FUNGTION p„~~,_>> -*..,o E n~orcement '~~.`~ ~- oa
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01--103-00-404 , i;, .w~o
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`J o~. DEGREw51NG ENCUMBRANGE LINE ITEM ALLOTMEiJT
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Cauv~y '
7 hereby certijy uport my own perso~ol knvwledge tt~nt budgetad (und T.B.A. r70. 8:.~.~1'O. +~
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e or the period and pur o( the expenditure staied Qbove. ._,"1 45
' SIGNA-TU OF ACCOUNT3NG OFF ER ~ATS .~
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Covnsel
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' 1 ereby certi(y tha[ all conditiorts for exempiion set forth in State Adminisirative hfartv 1 Section 1209
have beea complied with nnd tliis document es exemp[ Jrom review Ly tRe Department o ~nance~
SIGNATURE OF OFFICER SIGNING ON B~H?.LF OF TH~ AGENCY ' DATE
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. ...... ._. _.._~ . ......... . ......
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Page 2
Ther~atter the County shall submit itemized 3nvoices in triplicate re~erenced
by Cantract No. 9161 no mare frequen~ly than once per month fo~ ~xpenses
~ncurred to implement thase pesticide permit regulat~azzs. A.I1 work plans and
znvoices to be subm~.tted ~or approval to Chief, Pest~.Cide ~nforce~nent, Aepart-
ment o~ Food and Agriculeure, 1220 N Street, Room A-17~, Sacxamento, CA 95$1.4.
Title to all equipment purchased under this contract shall be vested ta ~he
Coun~y a~ the end of the co~tract period for purposes o~ ~mplement~.ng this
on-going program.
The County shall maintain and make available for audit by the State or i~s
representative a record of ai1 dishursements made under ti~is agreement. '~l~e
record sha11 be maintained for a period of two years ~rom and after ,7une 30,
~98I, or until ~he completion of such audi~ and. issuance of a release of
accountabil.fty, whichever comes first.
Except as provided in paragraph 3, appearing on the reverse sid.e of Standard
Agreement Forau 2, eith,er party may termina.te this agreemen~ by g3ving wri~ten
natice thereof at ~easti ~h~.rty (30) days prior ~o ~he effec~C~.ve ~a~e of
~ermination.
The attached Fafr Eznployment Practices Addendum is by this reference made a
part thereo~.
This agree~aent shall not be considered effective unless signed by both
parties azid approved bq ~he Department o~ General Services.
. ~ Exh~.bit "A°
PROTOCOL
R~ST`RIC1'~D MATER~ALS ISSUANCE AND F'OT~LOW-UP
Evaluation of Restric~~d Mat~x~.al Permit
1. Verify completeness of information.
2. Locate application si~e(s): for example, on county ~nap, aeria~. ghoto,
or map supplied by the growe~. (Site ~ no larger than tha ~arm opera-
tor's cont3.nguous property; no smaller than one crop locatian.}
3. Evaluate surrounding areas that could be adversely impacted such as
~esidentiai areas, waterways, schaols, etc.
4. Decide if standard county pern~.t conc~itions are adequa.te for each site.
Add any necessary permit conditions by site.
5. If, in the county agricul.tura]. commissioner's judgmen~ adequate special
permit cond~.~ion do no~ exist, determine the feasibility of alternatives.
If ~here are feasible alternatives, deny permit.
fi. In~ox'~n pe~ttee of noti~e of in~erct requirements, safety information
series ~aquirem~nrs, availabili~y of pest management guides, and pes~i-
siae use reporting requirea~en~s.
7. Issue permit or deny w3th cause.
lteview of Notices of Zntent
1. Read or l~.sten to a~.~ notices of intient subm9.tte~, using the fo~.~owing
criteria for evaluation and Compare against khe permi~ if necessary.
A. Locations of the appl~.cation.
B. Env:Lronmen~al condit~ons have changed s~.nce the perm~.t was issued
. {1ocal knowledge or specifie~ in NOI).
C. Yndividual has a his~ory of noncompliance.
D. ShouZd this N0~ be incluc3ed in the five percent an.nual mona~toxing?
Preapplica~ion Site Inspection
1.. Select sites for :Lnspe~tion from thase NOI`s indentified during review.
A. Compare against permit.
° B. I?etiermine if proposed app~.ication wili be in compliance with permi~
conditions.
c ~ Exhibit '~B"
WORK PI,AN Ot1TLINE
1. Approximate time frarne for hiring new employees. Include number of employees
and level(s) at which they will be hired.
2. Briefly describe your intended trainfng program. Tnclude:
Ae Pesticirie ~se restrictions for agricultura]. and non-agric~elt+~ral use.
B. Loca~ envirornnen~sl condit~.ons exi.sting in the county.
C. Ai.ternatives artd initigatzon me~tsures currentl.y available.
D. FeasibiliCp of thnse alternatives and mitigation measures especially
with regard to Section 2442.
E. Appropriate conditions/1~.mitations ~ncluded in available pesticide
safety infaxmation series.
~. Bases for evsluation o£ cxiteria determining need for treatment.
G, Appiicat~le laws and regula~ions, specifically Sections 2452 and 3123.
3. Notices of Intent -- what method of subtnittal will be allowed in your
cnunxy, i. e., orai, wr~.ttien, drop box, phone recorder, etc., or, ~f a
combination, what are any specific limitations? When wi~l Xhis method
be in place?
~. Permits -- will you be issuing ,job, se~sonal, or bot~? If both, describe
any specific limitatfons on wtzen each one mgy/~y noe be used? Wi11 you
be issuing perm~.ts to authnrixed representatives?
S. Do you have adegvate cneans (an aeria~ photo or countywfde rnap) to locate
prospective app~.icationa? I£ ~tot available, when do you expect ~o have
in place?
b. How many safety inforn~axian seri.es will you need for the first quarter
of calendar yeax 1981? 5pecify by series nu~nbers.
7. How manq Permit and Notice of Intent forms will yau need for the first
quarter of calendar year 1981? Specify by form.
FAIR EMPLdYMENT PRACTICES ADDEI~iE}UM
1. In the performance of this contratt, the Contractar wiil no# discriminate against any employee or applicant
for employment because of race, color, reEigian, ancestry, sex*, age*, national origin, or physicai handicap*. The
Contractor witl take af#irmati~e action to ensure that appficants are emplayed, and #hat empleyees are treated
during emplayment, without regard to their race, color, religion, anc~stry, sex*, age*, nationaf origin, or physical .
handicap*. Such action shali includa, but not be limited ta, the following: employment, upgrading, demotion
or transfer; recruitment or recruitment advertising; layoff or terminatian; rates of pay or other forms of compen-
sation; and selection for training, including apprenticeship. The Cantractor shall post in conspicuous places, avail-
abEe to employees and applicants far employment, nofices ta be provided by the State setting forth the provisions
of this Fair Employment Practices section.
2. The Contractor will permit actess to his/her records of erriployment, employment ad~ertisements, applica-
tion forms, and other pertinent data and records by the S#ate Fair Employment Practices Commission, or any
other agency of the State o# Cali#ornia designated by the awarding aufhority, far the purpose of in~estigation to
ascertain compfianCe with the Fair Emplaymertt Practices seCtion of th9s contract.
3. Remedies far Will#ul Violation:
{a} "fhe State may determine a wi!lful ~iolation of the Fair Employmen~ Practices prov€sion to ha~e
occurred upon receipt of a final judgement having that effect from a court in an action to which
Contractor was a party, or u~on receipt of a written notice from the Fair ~mployment Practices
Commission that it has investigatec! and determined that the Contractor has viofafied the Fair Employ-
ment Practices Act and has issued an order, und~r Labor Code Section 1426, which has become final,
or obtained an injunctior~ under Labor Code 5ection 1429.
(b} For willful ~iolation of this Fair Empfayment Practices provision, the State shall have the right to
terminate ~his contract either in whole or in part, and any loss or damage sus~ained by the State in
securing the goods or services hereunder shaEl be borne and paid for by ~he Contractor and by hisJher
surety under the performance bond, if any, and the 5tate may deduct from any moneys due or that
, thereafter may become due to the Contractor, the difference between the price namec! in the contract
and the actual cost thereof to the State.
*See Labor Code Sections I411 - 1~E32.5 for further details.
STO, s (a~rr~
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' . _ . . 4,/! CK/(/ O
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STATE OF CALIPORNIA ' EPMUN~ G. SRQWN JR., Gavernor
DEPARTM~NT OF FOOD AND AGRfCULTURE
-m
1220 N St~eet
~ ~ ~ ~ n[f ~ j Sacramer~~o
~ ~ :~ 95814
pROVILI.E, CA}.1~,
~ ~V ~-f ~9~~ November 4, ~.98~
~~4hire! Core~fni9~tnnar'~ CJf#'i~
~.U~`t~ G~Ufi~!t"f
Mr. Jae Bandy
But~e Caun~y Agricul~ural
Commissioner
P. 0. Bax 'l229
Oroville, California 929b5
Dear Mr . Sanciy
The enclased 'is ~he original o~' approved Cantract Number
9'[b1 for implementing ~he pesticicie psrmi~ regulations.
Y~ you wish an addi~ionai copy ~o be sent €~y this Depar~-
men~ to your Board of Supervisors, p.lease contact Betty
D~c1os Gi1cF~ris~ {916) 322-5032.
Sincerely
n `~ _
U~
Lori ~ohnston, Chief
Pesticide Enforcement
(916) ~+45-5343
Enclosure