HomeMy WebLinkAboutMINUTES - 08031993 - 1.35 10 35
TO: BOARD OF SUPERVISORS Contra
John H. deFremery, Agricultural Commission Costa
FROM: — .-' -
Director Weights & Measures -
DATE: July 15, 1993 9. `y
.y
^j\\ �C4
SUBJECT: State Contract - Fiscal Year 1993-94
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
It is recommended that the Board Chair be authorized to sign Standard
Agreement #93-0198 .
BACKGROUND
John H. deFremery, Agricultural Commissioner - Director Weights and
Measures, states that the California Department of Food and Agriculture
proposes to reimburse the County $4,000 for specific work activities
related to pesticide residue sampling.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S): _
ACTION OF BOARD ON ) APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS(ABSENT -- AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
(AUG 3
CC: Agriculture ATTESTED �`�
Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD OF
Justice :System Programs SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: J. deFremery 646-5250
BY DEPUTY
M382 (10/88) —�-
1 . 35
DEPARTMENT OF AGRICULTURE
Contra Costa County
Date: July 15, 1993
To: Phil Batchelor, County Administrator
Attn: Lisa Driscoll
From: John H. deFremery, Agricultural Commissioner
Director Weights & Measur
Subject: State - County Contract FY 1993-94
The purpose of this memo is to request that your Board authorize
the Department to enter into a Standard Agreement (Pesticide
Residue Sampling) with the California Department of Food and
Agriculture.
The Agreement will allow the California Department of Food and
Agriculture to reimburse the County $4,000 for specific work
activities that relate to the Department' s Pesticide Regulatory
Program.
Recommendation
It is recommended that the Board approve the aforesaid Agreement.
Please have your Board Chairman sign all six copies and the
attached Drug-Free Workplace Certification and return them to our
office for further processing.
JdF:sf
Residue.mem
CONTRA COSTA COUNTY
RECEIVED
EIMI10
OFFICE OF
COUNTY ADMINISTRATOR
STATE OF CALIFORNIA r='E WILso}t, Covtrnor
DEPARTMENT OF FOOD AND AGRICULTURE
i�a jam,
1220 14 Street
Sacramento, CA 95814
1 '
f
County Agricultural Commissioner
Enclosed for your Board of Supervisors' approval are seven (7) copies c=
your contract.
Please have all copies signed by the Cba_rman, or an authorized person, of
your Board of Supervisors . You may retain one copy for your pending fl—le .
Please return six (6) copies and a Resolution or Minute Order authoriz_ng
execution to:
Department of Food and =agriculture
Contracts Office
Room 155
1.220 n Street
Sacramento, California 95814
?lease sign and return "the attached Drug Free Work Place form (Gov. Coc_
Section 8'55) and return %-.ith the signed agreements.
After completion of processing of these documents, two (2) signed copies
be returned to you for•.iyour county records.
Jean Walker
Contract :•janager
(916) 654-0808
Enclosures
STATE OF CALIFORNIA 1 s 35
STANDARD AGREEMENT- AnoRNEYGEN RAL
D BY THE CONTRACT NUMBER AM.NO.
STD.2(REV.5.91) 93-0198
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NU.4=
THIS AGREEMENT,made and entered into this 15th day of JUNE 19_93 94-6000509
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
DIRECTOR DEPARTMENT OF PESTICIDE REGULATION hereafter called the State, and
CONTRACTOR'S NAME
COUNTY OF CONTRA COSTA hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expresscc
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contracto
time for performance or completion,and attach plans and specifications,if any.)
Contractor to provide all equipment, materials, and personnel necessary to obtain and
deliver the number and type of samples designated and in accordance with the obligations
and specifications contained in the attached "Contract Specifications for Pesticide
Residue Sampling", identified as Exhibit "A"; "Sample Delivery Schedule" , identified
as Exhibit "B"; "Primary Sample Schedule", identified as Exhibit "C"; and "Alternate
Monthly Sample Schedule" identified as Exhibit "D"; and by this reference made a part
hereof.
Contractor shall direct all inquiries and notices with respect to this agreement to
the State Coordinator for County Residue Sampling Contracts, Room A-170, 1220 N Street,
Sacramento, California 95814.
The effective period of this agreement .shall be July 1, 1993 through June 30, 1994.
This agreement must be signed and returned within 45 days after receipt by Contractor.
The total amount payable under this agreement shall not exceed the amount specified in
the attached "Budget Sheet" identified as Exhibit "E" and by this reference is made a
part hereof.
(Continued)
CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRACTOR(it other than an individual,state whether a corporation,parfnership,etc.)
DEPARTMENT OF PESTICIDE REGULATION — COUNTY OF CONTRA COSTA
BY(AUTHORIZED SIGNATURE) BY AUTHGRtZED S UF1El !
PRINTED NAME OF PERSON SIGNING INTED NAME AND TITLE OF PERSON SJGNING
JAMES W. ;JELLS 1 OM i ogiArSw CWS.BOSfd Of SOWS=
TITLE ADDRESS
DIRECTOR
AMOUNT ENCUMBERED BY THIS PROGRAM,CATEGORY(CODE AND TITLE) FUND TITLE G/F Department of General Services
DOCUMENT 17. 20.03 Pesticide Residue GENERAL Use Only
4,000.00 (OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
—0— ITEM CHAPTER STATUTE FISCAL YEAR
TOTAL AMOUNT ENCUMBERED TO 3930-001-001 55 '93 93/94 C .J. SERV. DEPT.APPROVAL
DATE OBJECT OF EXPENDITURE(CODE AND TITLE) NOT REQUIRED PER
$ 4,000.00 569007 SAM 1215
I hereby certify upon my own personal knowledge that budgeted funds i T.B.A.NO. B.R.NO.
are available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE'
El CONTRACTOR r-1 STATE AGENCY DEPT.OF GEN.SER. ❑ CONTROLLER
STATE Cr CA'._IFORNIA
STANDARD AGREEMENT.
:;=v. 5-91) (�E:VERS=)
I. The Contractor agrees to indemnify,defend and save harmless the State,its off iters,a_ents and employees
from any and all claims and losses accruing or resulting; to any and all contractors. !,tibcontractors,
materialmen.laborers and any other person,firm or corporation furnishin' or supplyin_•.��ork Services.
materials or supplies in connection kith the performance of this contract,and from any claims and
losses accruing or resulting; to any person, firm or corpor-ation who may be injured or c:)mag,ed by the
Contractor in the performance of this contract.
2. The Contractor,and the agents and employees of Contractor,in the performance of the:,_rccment,shall
act in an independent capacity and not as officers or employees or agents of State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to(.'onlractor
should Contractor fail to perforttt.the covenants herein contained at the time and in the m:!nner herein
provided. In the event of such termination the State may proceed with the work in any manner deemed
proper by the Slate. The cost to the State shall be deducted from any sum.due the Contnu tnr under this
agreement,and the balance,if any,shall be paid the Contractor upon demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor ci[h r in whole
or in part.
5. Time is of the essence in this agreement.
C,. No alteration or variation of the terms of this contract shall be valid unless made in Nvritin and signed by
the parties hereto,and no oral understanding or agreement not incorporated herein.sha!I he bindingon
any of the parties hereto.
7. The consideration to he paid Contractor, as provided herein, shall he in compensation for all of
Contractor's expenses incurred in the performance hereof, including travel :)nd 11c•r diem. unless
otherwise expressly so provided.
The Contractor shall be reimbursed by submitting an itemized invoice. on county
letterhead, in triplicate, quarterly, in arrears, and identified with the contract
number to: Department of Pesticide Regulation, Coordinator, Pesticide Residue,
+220 N Street, Room A-170, Sacramento, California, 95814.
Invoices must be submitted with signature and title of the person authorized
t.o sign for the county. Invoices must identify: period covered, field sample
numbers, total samples by type, price per sample, and total price for billing
period.
—2-
91 61014
Contract No. 93-0198
S Page Three
,-ESOLUTION
COPY Of a resolution, order, ,motion, or ordinance of the local governing
body by law having authority to enter into proposed contract authorizing
e�:ecution of agreements must be included when contracting parties are county,
i-i r manual Section
y, district , boards or commissions. (State Administrative I
i ?08) .
DISPUTES
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 (ten
days ) by the Contractor and State employees normally responsible for the
administration of this Contract shall be brought to the attention of the
Chief Executive Officer (or designated representative) of � each organization
for joint resolution.
SUBCONTRACTING
Contractor shall not subcontract any services under this contract without
prior approval of the State's representative.
AMENDMENT/CANCELLATION
This agreement may be amended upon written mutual consent, or cancelled
by either party upon thirty (30) days written notice unlesslother-w-ise stated
(State Administrative 'Manual Section 1247).
BUDGET ACT
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 fui.ds for the program this contract shall be of no further forte
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 contract and the Contractor shall not be obligated to perform any
provisions of this contract.
AUDIT
It is hereby mutually agreed that the Contractor shall be subject to the
e.xaminacion and audit of the Auditor General for a period of three years
after final payment under this agreement (Government Code Section 10532) .
The examination and audit shall be confined to those matters connected with
the performance of this contract including but not limited to the cost of
administering the contract.
APPROVAL
This contract .shall not be considered effective until signed by .both parties
and approved by the Department of General Services if required (State Admin-
istrative Manual Sections 1215 and 1216).
88-04-P.E.
Rev. 12/89
( 1)
:;ontract No. 93-0198
'siEe Four
_NVOICES AND PATIENTS
The. Contractor shall render invoices for total monthly or quarterly charges in
the month or quarter following the month or quarter for which the charges accrue.
Invoices will be submitted in triplicate. Allow up to sixty (60) calendar days
=or payment of invoices.
NONDISCRIMINATION AGREEMENT
During the performance of this contract , the recipient, contractor and 'its sub-
contractors shall not deny the contract 's benefits to any person on the basis
of religion, color, ethnic group identification, sex, age, physical or mental
disability, nor shall they discriminate unlawfully against any employee or appli-
cant for employment because of race, religion, color, national origin, ancestry,
physical handicap , mental disability, medical condition, marital status, age
or sex. Contractor shall insure that the evaluation and treatment of employees
and applicants for employment are free of such discrimination.
Contractor shall comply with the provisions of the Fair Employment and Housing
Act (Government Code, Section 12900 et seq. ) , the regulations promulgated there-
under (California Code of Regulations , Title 2, Section 7285.0 et seq. ) , the
provisions of Article 9. 5, Chapter 1, Part 1 , Division 3, Title 2 of the Govern-
mens Code (Government Code, Sections 11135-11139. 5) and the regulations or
standards adopted by the awarding State agency to implement such article.
Reci:pient-, 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.
The contractor shall include the nondiscrimination and compliance provisions
of this clause in all subcontracts to perform work under the contract.
t
88-04-P.E.
Rev. 12/89
( 1)
Agreement No. 93-0198
Exhibit A
Page 1'
EXHIBIT A. CONTRACT SPECIFICATIONS FOR PESTICIDE RESIDUE SAMPLING
ARTICLE I. SAMPLES
"Sampling" includes not only obtaining the sample in accordance with this
protocol, but also packing, storing, and transporting the sample inaccordance
with this protocol, within the time frames specified in Article II, below,
Exhibit B, and Exhibit C.
Priority Samples
This pesticide-based program allows the Department : (1) to monitor pesticides
which cannot be detected by current multi-residue screening techniques, and (2)
to gather needed data on high priority pesticides with possible adverse health
effects . This program also helps to establish a data base for Department
scientists to use in determining that specific pesticides of concern, including
any that are on the multi-residue screen, are safe to use in California.
This program, using specific pesticide/commodity combinations, provides a
means to determine: (1) whether the residues from nonscreenable pesticides are
within allowable tolerance; (2) if pesticides behave, under California climatic
conditions, in the same manner stated by the registrant ; and (3) if pesticides,
which may have adverse health effects, are present in California produce.
Samples are taken of commodities known to have been treated with a specific
pesticide. They can be taken at the time of harvest ; or post-harvest, in the
field, at packing sheds, etc. For most commodities, the time of harvest means
when the edible portion of the commodity is mechanically or physically removed
from the plant or soil . Certain commodities, such as grains or dried beans,
may be sampled prior to actual harvest if the commodity is mature and ready for
harvest . Prior approval to sample such commodities must be obtained from the
State Coordinator who will confer with the appropriate district office.
Post-harvest sampling does not include sampling of commodities in storage.
Post-harvest does include sampling at hulling sheds, at packing sheds, or in
the field while the commodity is being packed.
Submit only that portion of the commoditv that will be offered for sale.
Nut husks, leaves, stems, etc. , should be removed from the sample before
submission. Questions concerning sample contents should be directed to the
State Coordinator and/or district office.
The field and grower must be identified, and the commodity cannot be comingled
with that' of other growers or with any that have not been treated prior to
sampling. The pesticide applied, the rate, and date of application, must be
specified on the sample data sheet . A Pesticide Use Report shall not be
submitted instead of documenting the information on the required sample data
sheet form.
. .
Agreement No. 93-0198
7xbibic A ~
Page 2
These samples are gathered proportionately from various counties based on
prior year use data contained in the Pesticide Use Report. Each pesticide/
commodity group combination will remain the name throughout the contract year
uoIeon use of a pesticide is cancelled, data is needed on a pesticide of higher
concern, or the commodity/pesticide combination is unavailable for sampling.
Samplescannot be difid unless approved by the State Coordinator.
ARTICLE II' SAMPLING PROTOCOL
Training - County personnel who collect samples to fulfill this contract
trained in the sampling protocol' Training shall be provided by the
appropriate district office and conducted on an as needed basis.
Sample delivery schedule - Samples must be delivered to a Pesticide Use
representativeEnforcement in the appropriate district office on the day
specified in Exhibit B.
Sample delivery numbers - Divide the monthly contract numbers by the number
of delivery days in a month. This is the maximum number to be delivered
' on your delivery day ooleoa authorized by the District Supervising Pesticide
Use Specialist prior to sample collection and submission.
Sampling Guidelines' for field sampling
To determine overall compliance or illegal use, collect samples to be as
representative of the field as possible. Samples shell be taken from five
sites (five-point sample) of the field, approximately 25-100 feet in from the
border, depending on field size or configuration. Samples shall he taken
in each corner and one from the middle of the field' In irregular shaped _
fields, samples should be taken equal distance apart to represent the entire '
field or site.
As a general rule, a minimum of one-pound of commodity is sufficient per
sample, per specific analysis, or screen requested.
Sampling Guidelines for commodities in containers
Lot Size Sample Size (nubsampiea)
(Total number of containers identifiable (Number of containers from which
as belonging to one rower) samples are to be taken)
I to 5 All
6 to 110 5
Ill to 300 lU
301 to 500 15
501 to 800 20
801 and over 25
As a general rule, a minimum of one-pound of commodity is sufficient per
sample, per specific analysis, or screen requested.
Agreement No. 93-0198
Exhibit A
Page 3
Notification and Duplicate Samples
If the owner of the commodity, the processor, or their representative is
available at the time of sampling, they should be notified that the particular
field, load, or lot is being sampled. When sampling is complete, they should
be provided with a copy of the Produce Residue Sample sheet.
When sampling at a grading station, the sample sheet should accompany the
standardization document. If the owner or processor requests a duplicate
sample, this can be accomplished by either: (1) taking a double size sample
and randomly splitting it into two samples, or (2) taking two parallel samples
at the same time. In either case, the duplicate samples should be as identical
as possible.
Equipment
The following equipment should be carried or available when collecting samples :
. Rubber gloves
Knife/shears
Felt tip marker with indelible ink
Small and large paper bags/cardboard boxes
Plastic bags/Trash can liners
Zip lock storage bags
Styrofoam ice chest
Ice/blue ice
Wide package sealing tape
Sample data sheet
Worker Safetv
Wear required protective clothing when entering a treated field before the
safety interval has elapsed.
Sample Care
Samples should be kept as cool as possible after collection and handled in
such a wav as to avoid bruising. "Blue ice" in styrofoam ice chests is a good
way to transport , especially in the summer.
Paper bags or cardboard boxes should be used to collect samples. Write your
sample number (not to exceed eight characters) on the outside of the paper bag
containing the sample. Complete the produce residue sample sheet, seal it in a
zip lock bag and attach it to the bag containing the sample. Place the paper
bag inside a large plastic bag or trash can liner to keep sample from getting
wet during handling or shipping. Do not put sample directiv into plastic bags.
Plastic causes sweating and chemical analyses problems. Place the sample in
the ice chest and then seal the lid of the ice chest with wide package sealing
tape .
Agreement No. 93-0198
Exhibit A
Page 4
If the samples cannot be delivered in person, shipping should be done by
a delivery service that guarantees next day delivery, such as Greyhound,
U.P.S. , etc. , to a pesticide use enforcement representative in the appropriate
district office. Samples must be delivered to a California Department of Food
and Agriculture laboratory representative in the appropriate district office on
the day specified in Exhibit B, unless otherwise approved by the District
Supervising Pesticide Use Specialist . Samples taken more than a day prior to
scheduled delivery should be refrigerated. The laboratory will not analyze
decomposed or badly dehydrated samples, and the sample will have to be retaken.
Counties will not be reimbursed for rejected samples.
ARTICLE III. AGENCY RESPONSIBILITY
The California Department of Pesticide Regulation shall through delegation to
appropriate Pesticide Enforcement District office:
A. Provide technical assistance and training to county agricultural com-
missioner personnel on sampling procedures and completing Residue Sample
Sheet (Form 38-002) . Training is required and shall be provided to county
personnel by each district office.
B. Provide county agricultural commissioners, by phone, with the results of
analyses for all contract samples found with illegal residues, or which
may require immediate notification.
C. Provide county a copy of sample data sheet , with analytical results, for
all samples taken under the contract.
D. Ensure that submitted samples meet the contract requirements.
The county agricultural commissioner shall:
A. Obtain the minimum number of samples as specified in Exhibit C unless
otherwise approved by the State Coordinator.
B. Ensure that all samples are identified by a field sample number and
accompanied by a properly complete sample data sheet . Samples with data
sheets which are not properly completed will not be accepted and the sample
will have to be retaken. (Sample identification shall be no more than
eight characters. )
C. Send personnel to training provided by California Department of Pesticide
Regulation for residue sampling.
D. Ensure that all sampling procedures follow those outlined in Article II,
"Sampling Protocol".
Agreement No . 93-0198
Exhibit A
Page 5
E. Allow the State to perform quality control of the county sampling program.
F. Allow the State to accompany samplers. This may constitute field training
for county personnel as well as a quality control check.
G. Transport all samples to the California Department of Food and Agriculture
laboratory representative in the appropriate district office designated,
assuring that the samples arrive on the day designated, with two (2) sample
data .sheets (original and copy) for each sample attached, and in a manner
suitable for analysis.
H. Contact the State Coordinator prior to taking any samples not already
specified in the contract.
I. Contact the District Supervising Pesticide Use Specialist prior to taking
any samples which will not meet the delivery day and numbers specified in
Exhibits B and C.
J. Be responsible for maintaining the "chain of custody" since contract
samples are "official" samples.
Contra Costa County
Agreement No. 93-0198
Exhibit B
EXHIBIT B - SAMPLE DELIVERY SCHEDULE
*DELIVERY DAY - THURSDAY
*Samples may be delivered the afternoon prior to your scheduled delivery
day. However, samples are to be delivered to a pesticide use enforcement
representative in the district office no later than 8 a.m. of the scheduled
delivery day.
1993/94 MONTHLY SAMPLE SCHEDULE AGREEMENT #93-0198
CONTRA COSTA COUNTY EXHIBIT C
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL
PRIORITY PESTICIDES
2,4-D/WHEAT 2 2
AZINPHOS-ME UYL/APPLES 2 5 2 9
AZINPHOS-MEI'HYL/PEARS 1 2 3
CHLOROTHAWNIL/APRICOTS 3
CHLOROTHALONIL/TOMATOES 2 1 3
DIMETHOATE/I'OMATDES 2 2 4
DIURON/ASPARAGUS 3 2 1 6
METHAMIDOPHOS/TOMATOES 1 1 2
MEI'HOMYL/BEANS 1 1 1 3
METHOMYL/CORN, SWEET 2 3 1 2 8
MEVINPHOS/MELONS 1 1 2
MEVINPHOS/PEPPERS, BELL 1 1 1 3
OXAMYL/SQUASH 2 2
TOTAL PRIORITY PESTICIDES 11 14 10 2 3 2 1 7 50
Contra Costa Countv Agreement No. 93-0198
Exhibit D
BUDGET SHEET
Pesticide Residue Sampling Expense
Number of Type of Cost Per
Samples Samples Sample Total
SO Priority Samples @ . $80.00 = $4,000.00
Total 93/94 Contract $4,000.00