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C. 45
To: Board of Supervisors
From: Chad Godoy, Director of Agriculture/Weights & Measures
Date: May  5, 2015
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Agreement #14-C0045 with th Department of Pesticide Regulation - EEIP

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   05/05/2015
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:
Federal D. Glover, District V Supervisor
Contact: Roxann Crosby, 925-646-5250
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     May  5, 2015
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the Department of Pesticide Regulation to pay the County an amount not to exceed $11,487 to implement the "Enforcement Evaluation and Improvement Project" for the period April 1, 2015 through June 30, 2015.

FISCAL IMPACT:

This agreement provides reimbursement for County expenses incurred during this period for enforcement activities performed on behalf of the Department of Pesticide Regulation (DPR) in Contra Costa County up to $11487. There is no cost share requirement and the revenue from this agreement has been anticipated in the departmental FY14/15 budget.











BACKGROUND:

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 2281. Over the years, the number of enforcement actions, method of submission, level of interaction between the County agricultural commissioner (CAC) and DPR staff, detail requested, 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 CAC 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: 1. 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; 2. The evaluation of compliance and enforcement data to ensure statewide consistency with DPR policies, regulations and aw, and identify trends that will be used to improve outreach and education to licensees; and 3. 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 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.  
  
The Department of Agriculture will assist DPR by carrying out its Enforcement Evaluation and Improvement Project (EEIP). This agreement 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 2281. DPR will compensate the County Agricultural Department for actual expenditures incurred in accordance with the rate specified in paragraph 4 (Budget and Rates) and that total shall not exceed $11,487.

CONSEQUENCE OF NEGATIVE ACTION:

Failure to accept Agreement #14-C0045 will mean that the Department will not have the revenue necessary to perform enforcement activities on behalf of the Department of Pesticide Regulation (DPR) and will lose administrative overhead that is of benefit to the department's operational budget.

CHILDREN'S IMPACT STATEMENT:

None

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