HomeMy WebLinkAboutAgreement A-17-529 with Department of Pesticide Regulation.pdf STATE OF CALIFORNIA Agreement No. 17-529
STANDARD AGREEMENT
STD 213(Rev 06103)
AGREEMENT NUMBER
17-CO012
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY S NAME
Department of Pesticide Regulation
CONTRACTOR'S NAME
Fresno County
2. The term of this July 1, 2017 or upon final approval by the State, whichever occurs later,through
Agreement is: December 31, 2017
3. The maximum amount $62,579.10
of this Agreement is: Sixty-two thousand five hundred seventy-nine dollars and ten cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit A—Scope of Work 4 Pages
Exhibit B—Budget Detail and Payment Provisions 2 Pages
Exhibit C*—General Terms and Conditions (GTC 04/2017)
Exhibit D-Special Terms and Conditions 2 Pages
Attachment 1 —Cooperative Agreement **
Attachment 2—California Food and Agricultural Code section 2281 1 Page
Items above shown with an Asterisk(*),are hereby incorporated by reference and made part of this agreement as if attached hereto. These
documents can be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanquage.aspx
Items shown above with a double Asterisk(**),are hereby incorporated by reference and made part of this agreement as if attached hereto. These
documents can be viewed at http:/lwww.cdpr.ca.govldocslenforcelcomoendlvol 5/cooperative agreement.Ddf
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
CONTRACTOR California Department of General
Services Use Only
CONTRACTOR's NAME(if other than an individual,state whether a corporation,partnership,etc.)
Fresno County
BY Authorize ignalp� DATE SIGNED(Do not type)
rYJ
PRINTED NAME AND TITLE OF PERSON SIGNING
BRIAN PACHECO, CHAIRMAN, Board of Supervisors
ADDRESS
1730 S. Maple Avenue, Fresno, CA 93702
STATE OF CALIFORNIA
AGENCY NAME
Department of P ticide Regulation
BY(Authorized SJ lure>' % DATE SIGNED(Do not type)
PRINT AfXE ANDIITLYOF PERSON SIGNING ®Exempt per:
Lu Saephanh, Fiscal, Audits, & Business Services Branch Chief 1 Delegation Letter74.6
ADDRESS ATTEST:
1001 1 Street, Sacramento, CA 95814 BERNICE E. SEIDEL
Clerk to the Board of Supervisors
County of Fresno, State of California
By SAASA.w '(�sbQP 1e�-Ptv
Fresno County
Agreement# 17-00012
Page 1 of 4
EXHIBIT A
STANDARD AGREEMENT
SCOPE OF WORK
1. This Agreement is entered into by and between the Department of Pesticide
Regulation, hereinafter referred to as DPR and the Fresno County, herein referred
to as Contractor.
2. This Agreement will commence on the start date July 1, 2017 as presented herein
or upon final approval by the State, whichever is later and no work shall begin
before that time. This Agreement is of no effect unless approved by the State.
Contractor shall not receive payment for work performed prior to approval of the
Agreement and before receipt of noticed to proceed by the Contract Manager. This
Agreement shall expire on December 31, 2017. The services shall be provided
during normal working hours.
3. The Project Representatives during the term of this Agreement will be:
A. All official communications, except invoices, from the Contractor to DPR shall be
directed to the attention of DPR Contract Manager, Erin Yee, at:
Department of Pesticide Regulation
Enforcement Branch, MS 4B
1001 1 Street, P.O. Box 4015
Fresno, CA 95812-4015
Phone: (916) 445-3913 Fax: (916) 445-3907
Email: Erin.Yee@cdpr.ca.gov
B. All programmatic communications from DPR to the Contractor shall be directed
to the attention of Les Wright, County Agricultural Commissioner(CAC), or
designee at the following address and phonelfax numbers:
Fresno County Agricultural Commissioner
1730 S. Maple Avenue
Fresno, CA 93702
Phone: (559) 600-7510 Fax: (559) 445-2415
C. All payments from DPR to the Contractor shall be directed to:
Treasurer Fresno County/Agricultural Commissioner
1730 S. Maple Avenue
Fresno, CA 93702
Fresno County
Agreement# 17-00012
Page 2 of 4
EXHIBIT A
STANDARD AGREEMENT
D. The Project Representatives during the term of this Agreement may be changed
by mutual written agreement without the necessity of formal amendment to this
Agreement.
4. Background and Purpose
The objective of this contract is to assist DPR in carrying out its Enforcement
Evaluation and Improvement Project (EEIP).
The EEIP, and this contract, will assist DPR in its compliance with the Federal
Insecticide Fungicide and Rodenticide Act (FIFRA) statutory requirements pursuant
to delegated enforcement authority from U.S. EPA through the three-party
Cooperative Agreement' between U.S. EPA, DPR and County Agricultural
Commissioners and Sealers Association, and Food and Agriculture Code section
22812.
Over the years, the number of enforcement actions, method of submission, level of
interaction between the County Agricultural Commissioner(CAC) and DPR staff,
requested detail, and the timing of submission has varied considerably. Recently,
DPR has determined there is a need to increase communication and collaboration
with the CAC in the tracking, development, and preparation of enforcement
responses. DPR review of notice of proposed actions and civil penalty action
hearing decisions prior to issuance will support and strengthen enforcement and
assist the CACs with difficult or complicated enforcement action decisions. In
addition, this collaboration will assist DPR in determining whether enforcement
actions are warranted at the state level.
The EEIP activities include:
• The collection of complete compliance and enforcement data from the CAC
for the purpose of evaluating individuals and businesses licensed by the
state to determine if enforcement action is warranted;
• The evaluation of compliance and enforcement data to ensure statewide
consistency with DPR policies, regulations and law, and identify trends that
will be used to improve outreach and education to licensees; and
• The improvement of communication and collaboration between DPR and the
CAC in the tracking, development, and preparation of enforcement
responses as needed to establish and implement county agricultural
commissioner enforcement.
The work carried out under this contract includes the collection and submission of
historical compliance and enforcement data. DPR will evaluate this data and
' Cooperative Agreement included as Attachment 1 of this Agreement
2 Food and Agricultural Code section 2281 included at Attachment 2 of this Agreement.
Fresno County
Agreement# 17-CO012
Page 3 of 4
EXHIBIT A
STANDARD AGREEMENT
dialogue with the CAC to determine if the enforcement responses are consistent
and appropriate. In addition, collection and evaluation of several years' worth of
compliance and enforcement data coupled with input from the CAC, will highlight
chronic violators and allow DPR to pursue statewide enforcement actions against
individuals and businesses licensed by the state.
5. Contractor Responsibilities
A. Submit all complete inspections and associated follow-up inspections from
January 1, 2016 through December 31, 2016 to DPR including:
1) Field Worker Safety Inspection Report (PR-ENF-103)
2) Pesticide Use Monitoring Inspection Report (PR-ENF-104)
3) Commodity Fumigation Use Monitoring Inspection Report (PR-ENF-105)
4) Field Fumigation Use Monitoring Inspection Report (PR-ENF-106)
5) Structural Fumigation Use Monitoring Inspection Report (PR-ENF-107)
6) Structural Use Monitoring Inspection Report (PR-ENF-108)
7) Pest Control Headquarters Inspection Report(PR-ENF-109)
8) Pest Control Business Headquarters Inspection Report (PR-ENF-110)
B. Submit information pertaining to both pending and complete enforcement
actions from January 1, 2016 through December 31, 2016 to DPR including:
1) Notice of Proposed Action
2) Administrative civil penalty closing document (e.g., Stipulation and Waiver or
Order)
3) Enfo rcement/Compl lance Action Summary form (DPR-ENF-046)
C. Respond to any questions from DPR about the data, including how compliance
data is linked to enforcement data.
D. Communicate and collaborate with DPR
1) In the tracking, development, and preparation of enforcement responses as
needed.
2) Provide input on proposed statewide enforcement actions against individuals
and businesses licensed by the State.
6. DPR Responsibilities
A. Evaluate, communicate and collaborate with CAC and staff regarding how
compliance data is linked to enforcement data.
Fresno County
Agreement # 17-CO012
Page 4 of 4
EXHIBIT A
STANDARD AGREEMENT
B. Communicate and collaborate with the CAC and staff in the tracking,
development, and preparation of enforcement responses as needed to
implement county agricultural commissioner enforcement.
C. Obtain input from the CAC to determine if enforcement action is warranted when
evaluating compliance and enforcement data on individuals and businesses
licensed by the state.
Fresno County
Agreement# 17-00012
Page 1 of 2
EXHIBIT B
STANDARD AGREEMENT
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Payment
A. In no event shall the Contractor request reimbursement from the State for
obligations entered into or for costs incurred prior to the commencement date or
after the expiration of this Agreement.
B. For services satisfactorily rendered, and upon receipt and approval of the invoices
by the DPR Contract Manager, DPR agrees to compensate the Contractor for
actual expenditures incurred in accordance with the rate specified in paragraph 4
(Budget and Rates) of this Exhibit.
C. The Contractor shall submit, in arrears, two invoices to DPR for costs incurred
pursuant to this Agreement at the completion of Contractor
responsibilities. Payments will be made in arrears upon receipt and approval of
invoice as stated below.
D. Each invoice shall contain the following information:
1) The Agreement number, #17-00012;
2) The dates or time period during which the invoiced costs were incurred;
3) Expenditures for the current invoice and cumulative expenditures to date; and,
4) The signature of an authorized representative of the Contractor.
E. Invoices shall be submitted in triplicate on the Contractors printed letterhead and
identified by a control number to:
Department of Pesticide Regulation
Attn: Accounts Payable
P.O. Box 4015, MS 4A
Fresno, CA 95812-4015
F. DPR agrees to make payment as promptly as fiscal procedures permit, upon receipt
of the invoice(s), subject to approval by the DPR Contract Manager, and contingent
upon satisfactory completion of the terms of this agreement.
G. "Satisfactory completion" as used in this Agreement means that the Contractor has
complied with all terms, conditions and performance requirements of this
Agreement.
Fresno County
Agreement# 17-CO012
Page 2 of 2
EXHIBIT B
STANDARD AGREEMENT
2. Budget Contingency Clause
A. 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.
B. This Agreement is valid and enforceable only if sufficient funds are made available
to the State by the United States Government or the California State Legislature for
the current year and/or any subsequent years covered under this Agreement. In
addition, this Agreement is subject to any additional restrictions, limitations, or
conditions enacted by the Congress or any statute enacted by the Congress or the
California State Legislature which may affect the provisions, terms or funding of this
Agreement in any manner.
C. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of
this program, the State shall have the option to either cancel this Agreement with no
liability occurring to the State, or offer an Agreement amendment to the Contractor
to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance.with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
4. Budget and Rates
A. The total amount of the Agreement shall not exceed $62,579.10. The total amount
of this Agreement is based on a mutually agreed upon allocation method
determined by each county's workload measures and metrics in proportion to all
counties.
B. The Contractor shall not receive additional compensation for reimbursement or for
costs not identified in this Agreement and shall not decrease the work to
compensate therefore.
GTC 0412017
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3)years after final payment,unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and 'interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7,Pub.
Contract Code §10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State,its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers,laborers, and any other person, firm or corporation
furnishing or supplying work services,materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who maybe injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
8. INDEPENDENT CONTRACTOR: 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 the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact,percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products,materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e),the certification required by this subdivision shall specify that the cartridges so
comply(Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract's benefits to any person on the basis of race,
religious creed, color,national origin, ancestry,physical disability,mental disability,medical
condition, genetic information,marital status, sex, gender, gender identity; gender expression,
age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully
against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry,physical disability,mental disability, medical condition, genetic
information,marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation and
treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the pair Employment and
Housing Act(Gov. Code §12900 et seq.), the regulations promulgated thereunder(Cal. Code
Regs., tit. 2, §11000 et seq.),the provisions of Article 9.5, Chapter 1,Part 1, Division 3,Title 2
of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit access
by representatives of the Department of Fair Employment and Housing and the awarding state
agency upon reasonable notice at any time during the normal business hours,but in no case less
than 24 hours' notice,to such of its books, records, accounts, and all other sources of information
and its facilities as said Department or Agency shall require to ascertain compliance with this
clause. 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 agreement.
(See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference and made a part
of this Agreement by this reference as if attached hereto.
12. TIMELINESS:Time is of the essence in this Agreement.
13. COMPENSATION: 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,per diem, and taxes,unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services,or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision(c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights,title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15) or under the
Cartwright Act(Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may,upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor,the assignee shall,within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and(a)the assignee
has not been injured thereby, or(b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of$100,000,the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement,including,but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor,to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable,then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000,the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract(or within
such other time period as may be specified elsewhere in this Contract)report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
§ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise(DVBE)participation, then Contractor must within 60 days of receiving final payment
under this Contract(or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2)the name and address of the DVBE(s) that
participated in the performance of the Contract;.(3)the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
&Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment,materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or-use any article or product as a"loss leader" as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
Fresno County
Agreement# 17-CO012
Page 1 of 2
EXHIBIT D
STANDARD AGREEMENT
SPECIAL TERMS AND CONDITIONS
1. Termination
A. Either Party reserves the right to terminate this agreement without cause upon 30
days written notice to the other Party, or immediately in the event of a material
breach. In the event of termination, Contractor shall be paid for all allowable costs
incurred up to the date of termination and upon receipt of the final invoice.
B. In the event that the total Agreement amount is expended prior to the expiration date,
DPR may, at its sole discretion, terminate this Agreement with 30 days written notice
to contractor.
2. Subcontracting
Contractor shall perform the work contemplated with resources available within its own
organization and no portion of-the work shall be subcontracted.
3. Harassment Free Workplace
The Department of Pesticide Regulation (DPR) is committed to providing a safe, secure
environment, free from sexual misconduct. It is policy of the Department that
employees have the right to work in an environment that is free from all forms of
discrimination, including sexual harassment. This policy specifically speaks to freedom
from a sexually harassing act that results in the creation of an intimidating, hostile or
offensive work environment or that otherwise interferes with an individual's employment
or work performance. As a Contractor with DPR, you and your staff are expected to
comply with a standard of conduct that is respectful and courteous to DPR employees
and all other persons contacted during the performance of this Agreement. Sexual
harassment is unacceptable, will not be tolerated; and may be cause for prohibiting
some or all of the Contractor's staff from performing work under this Agreement.
4. Retention of Records/Audits
For the purpose of determining compliance with Public Contract Code Section 10115, et
seq. and Title 21, California Code of Regulations, Chapter 21, Section°2500 et seq., when
applicable, and other matters connected with the performance of the Agreement pursuant
to Government Code Section 8546.7, the Contractor, subcontractors and the State shall
maintain all books, documents, papers, accounting records, and other evidence
pertaining to the performance of the Agreement, including but not limited to, the costs of
administering the Agreement. All parties shall make such materials available at their
respective offices at all reasonable times during the Agreement period and for three years
from the date of final payment under the Agreement. The State, the State Auditor,
FHWA, or any duly authorized representative of the Federal government having
Fresno County
Agreement# 17-COO12
Page 2 of 2
EXHIBIT D
STANDARD AGREEMENT
jurisdiction under Federal laws or regulations (including the basis of Federal funding in
whole or in part) shall have access to any books, records, and documents of the
Contractor that are pertinent to the Agreement for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
5. Resolution of Disputes
A. DPR reserves the right to issue an order to stop work in the event that a dispute
should arise, or in the event that DPR gives the performing agency a notice that his
Agreement will be terminated. If DPR exercises this right, the stop-work order will
be in effect until the dispute has been resolved or this Agreement has been
terminated.
B. Any dispute concerning a question of fact arising under the terms of this Agreement
which is not disposed of within a reasonable period of time by agency employees
normally responsible for the administration of this agreement, shall be brought to
the attention of the Executive Officer or designated representative of each agency
for joint resolution.
C. The Contractor shall continue with the responsibilities under this agreement during
any dispute until the expiration of this Agreement or notified to stop work.
Fresno County
Agreement# 17-00012
Page 1 of 1
ATTACHMENT 2
STANDARD AGREEMENT
FOOD AND AGRICULTURAL CODE - FAC
DIVISION 2. LOCAL ADMINISTRATION (2001 - 2344]
(Division 2 enacted by Stats. 1967, Ch. 15. )
CHAPTER 2. County Agricultural Commissioners and Their Employees [2101 b
2287]
(Chapter 2 enacted by Stats. 1967, Ch, 15. )
ARTICLE 8. Powers and Duties (2271 » 2287]
(Article 8 enacted by Stats. 1967, Ch. 15.)
2281.
Except as otherwise specifically provided, in all cases where provisions of this code place
joint responsibility for the enforcement of laws and regulations on the director and the
commissioner, the commissioner shall be responsible for local administration of the
enforcement program. The director shall be responsible for overall statewide enforcement
and shall issue instructions and make recommendations to the commissioner. Such
instructions and recommendations shall govern the procedure to be followed by the
commissioner in the discharge of his duties. The director shall furnish assistance in
planning and otherwise developing an adequate county enforcement program, including
uniformity, coordination, training, special services, special equipment, and forms, statewide
publicity, statewide planning, and emergency assistance.
The instructions and recommendations shall include a cost analysis of the local
administration of such programs, determined from data supplied by the commissioner
pursuant to Section 2272. Such cost analysis shall identify the joint programs or activities
for which funds necessary to maintain adequate county administration and enforcement
have not been provided. The director shall develop, jointly with the commissioners, county
priorities for such enforcement programs and activities.
The director shall report annually to the Legislature his findings concerning the cost
analysis with specific regard to programs where funds are inadequate for an efficient
enforcement program, together with a listing of the priorities jointly established by the
director and the commissioners that are contained in the formal instructions and
recommendations of the director.
(Amended by Stats. 1980, Ch. 820. Note: See this section as modified on .July 17, 1991, in
Governor's Reorganization Plan No. 1 of 1991.)
CONTRACT NAME: Enforcement Evaluation and Improvement Proiect
CONTRACT NUMBER: 17-CO012
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Department Head's Signature
Les Wright
Agricultural Commissioner/Sealer
APPROVED AS TO LEGAL FORM:
Daniel C. Cederborg, County Counsel
Deputy County Counsel
APPROVED AS TO ACCOUNTING FORM:
By:
Oscar J. Garcia, C.P.
Auditor-ControllerTOreaasurer-Tax Collector
FOR ACCOUNTING INFORMATION ONLY:
Org: 40101005
Account: 3545
Fund: 0001
Program: 0
Subclass: 10000