HomeMy WebLinkAboutMINUTES - 08131996 - C45 TO: BOARD OF SUPERVISORS Contra
o issione Costa
FROM: Edward P. Meyer, Acting Agricultural C mm ("-
Measures "���' '.; •`s
Director of Weights & _R,�ooun}�
DATE: August 5, 1996 t'sq�uK a
County
SUBJECT: State Contract - Fiscal Year 1996-97
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
it is recommended that the Board Chair be authorized to sign six
copies of Standard Agreement #96-0179 .
BACKGROUND
Edward Meyer, Acting Agricultural Commissioner - Director of
Weights and Measures, states that the California Department of
Pesticide Regulation proposes to reimburse the County $2,240 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 9 9A0APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
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.
ATTESTED
Contact: PHIL BA EOR,CLERK d THE BOARD OF
cc: Agricultural SUPERVISORS AND COUNTY ADMINISTRATOR
CAO
f
BY DEPUTY
,STATE CALIFORNIA
APPROVED BY THE CONTRACT NUMBER AM.NO.
STANDARD AGREEMENT
STD.z(REV.5-91)(DPR Electronic) ATTORNEY GENERAL 9 6-017 9
TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 25 day of July, 1996, 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
CONTRA COSTA COUNTY hereafter called the Contractor
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions agreements, and stipulations of the State
hereinafter expressed, 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 Contractor,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 "Agreement Specifications for Priority Pesticide
Sampling", identified as Exhibit A; "Sample Delivery Schedule", identified as Exhibit B;
"Monthly Sample Schedule", identified as Exhibit C; and "Alternate Monthly Sample Schedule",
identified as Exhibit D; and by these references 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, 1020 N Street, Room 300, Sacramento,
California 95814-5624.
The effective period of this agreement shall be September 1, 1996 through June 30, 1998.
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 made a part hereof.
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, 1020 N Street, Room 300, Sacramento,
California 95814-5624. Invoices must be submitted with signature and title of the person
authorized to sign for the county. Invoices must identify, total samples by type and month,
price per sample and total price for billing period.
Approved by Secretary/CEO
Per memorandum dated
The provisions on the reverse side hereof constitute a part of this agreement. OCL ,
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR (510) 646-5250
AGENCY CONTRACTOR (If other than an individual,state whether a corporation,partnership,etc.,)
DEPARTMENT OF PESTICIDE REGULATION CONTRA CO COUNTVI
24
BY(AUTHORIZED SIGNATURE) BY(AUTHORIZ SIG T R
X r X
PRINTED AME OF PERSON SIGNING PRINTED NAME D &4ON SIGNING
JEAN WALKER Chairmary, word of Supervisors
TITLE ADDRESS 2366 A. Stanwell Circle
CONTRACTS MANAGER Concord , CA 94520
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE
THIS DOCUMENT 17230 G/FS Department of General Services
$ 2,240.00 Use Only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
$ 0.00 ITEM .CHAPTER STATUTE FISCAL YEAR
3930-001-106 1162 96 96/97
TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE(CODE AND TITLE) GEN.SERV.DEPT.APPROVAL
DATE
$ 2,240.00 569-07 NOT REQUIRED PER
• SAM 1215
I hereby certify upon my own personal knowledge that budgeted funds are
available for the period and purpose of the expenditure stated above.
SIGNATURE OFA OUNTIN%OFFICER DATE
® CONTRACTOR ❑ ATE AGENCY ❑ DEPT.OF GEN.SER. ❑ CONTROLLER ❑
STAMOF CALIFORNIA �+ �
STANDARD AGREEMENT Page Two
STD.2(REV.5-91)(DPR Electronic)
1. The 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, materialmen, laborers and any other person, firm or corporation furnishing or
supplying work services, materials or supplies in connection with the performance of this
contract, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by the Contractor in the performance of this
contract.
2. The Contractor, and the agents and employees of Contractor, in the performance of the
agreement, 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
Contractor should Contractor fail to perform the covenants herein contained 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. The cost to the State shall be deducted from any sum due
the Contractor 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 either
in whole or in part.
5. Time is of the essence'in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall
be binding on any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expense incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
Agreement No.96-0179
Page 3
AMENDMENT/CANCELLATION
This agreement may be amended upon written mutual consent, or cancelled by either party, upon thirty
(30) days written notice unless otherwise stated (State Administrative Manual Section 1247).
AMERICANS WITH DISABILITIES ACT
By signing this contract, Contractor assures the state that it complies with the Americans with
Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis
of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
APPROVAL
This contract shall not be considered effective until signed by both parties and approved by the
Department of General Services if required (State Administrative Manual Sections 1215 and 1216).
AUDIT
It is hereby mutually agreed that Contractor shall be subject to the examination and audit of the State
Auditor for a period of three years after final payment under this agreement (Government Code Section
8546.7). 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.
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 funds for the program, this contract 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 contract, and the Contractor shall not
be obligated to perform any provisions of this contract.
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 (Public
Contract Code Section 22200 and California Code of Regulations, Title 1, Section 300 et seq.).
INVOICES AND PAYMENTS
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 for payment of invoices.
88-04-PE,(Rev.1/96)
(1)
Agreement No.96-0179
Page 4
DRUG FREE WORKPLACE CERTIFICATION
By signing this contract, the contractor or grantee hereby certifies, under penalty of perjury under the
laws of the State of California, that the contractor or grantee will comply with the requirements of the
Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-
free workplace by taking the following actions:
1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
2) Establish a Drug-Free Awareness Program to inform employees about all of the following:
a) the dangers of drug abuse in the workplace;
b) the person's or organization's policy of maintaining a drug-free workplace;
C) any available counseling, rehabilitation and employee assistance programs; and
d) penalties that may be imposed upon employees for drug abuse violations.
3) Provide that every employee who works on the proposed contract will:
a) receive a copy of the company's drug-free workplace policy statement; and,
b) agree to abide by the terms of the company's statement as a condition of employment on
the contract.
Failure to comply with these requirements may result in suspension of payments under the contract or
termination of the contract or both, and the contractor or grantee may be ineligible for award of any
future state contracts, if the department determines that any of the following has occurred: (1) the
contractor or grantee has made false certification, or (2) violates the certification by failing to carry out
the requirements as noted above.
NONDISCRIMINATION CLAUSE (OCP-1)
During the performance of this contract, contractor and its subcontractors shall not unlawfully
discriminate, harass or allow harassment, against any employee or applicant for employment, because of
sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS),
mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care
leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment. Contractor and
subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government
Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder(California
Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth
in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors
shall give written notice of their obligations under this clause to labor organizations with which they
have collective bargaining or other agreement.
This contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the contract.
88-04-PE,(Rev. 1/96)
(1)
Agreement No.96-0179
Page 5
RESOLUTIONS
A copy of a resolution, order, motion, or ordinance of the local governing body by law having authority
to enter into proposed contract authorizing execution of agreements must be included when contracting
parties are county, city, district, boards or commissions (State Administrative Manual Section 1208).
SUBCONTRACTING
Contractor shall not subcontract any services under this contract without prior approval of the State's
representatives.
88-04-PE,(Rev.1/96)
(1)
Contra Costa County Agreement No. 96-0179
Exhibit A
Page 1
EXHIBIT A. AGREEMENT SPECIFICATIONS FOR
PRIORITY PESTICIDE SAMPLING
ARTICLE I. SAMPLES
"Sampling" includes not only obtaining the sample in accordance
with this protocol, but also packing, storing, and transporting
the sample in accordance with this protocol, within the time
frames specified in Article II, Exhibits B, C, and D.
Priority Samples
This pesticide-based program allows the Department of Pesticide
Regulation (DPR) : (1) To monitor certain 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 database for Department scientists to use in
determining that specific pesticides of concern 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
the 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 . In addition, the program allows for data generation so
the Department can respond to public and legislative requests . .
Samples are taken of raw, dried, or processed commodities known
to have been treated with a specific pesticide. They shall be
collected at the "time of harvest" as the edible portion is
removed from the plant or soil • directly from the field or post-
harvest at a packing shed where the field identity has been
maintained.
The field and grower must be identified, and the commodity shall
not be commingled. The pesticide applied, and the rate and date
of application shall be documented in the "Remarks" section of
the Produce Residue Analysis Report (PR-ENF-002, Rev. 2/96) . A
Pesticide Use Report attached to the sample in lieu of the
written information on the data sheet ,will not be accepted.
Contra Costa County Agreement No. 96-0179
Exhibit A
Page 2
Samples collected at packing sheds of post-harvest applications
may be commingled with commodities from other fields and/or
growers; however, they must be identified by lot and packer, in
this case, the field and grower need not be identified on the
sample data sheet . Post-harvest sampling does not include
commodities in cold storage.
Submit only that portion of the commodity 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 appropriate district office .
Priority pesticide samples are gathered proportionately from
various counties based on use data contained in the Pesticide Use
Report, the. Food Safety Prioritization List, and Chemistry
Laboratory Services ' Multi-Residue Screens List .
Pesticide/commodity group combinations will remain the same
throughout the contract year unless use of the pesticide is
cancelled or data is needed on a different pesticide/commodity
combination.
Pesticide/commodity combinations will. be designated by two
monthly sampling schedules identified as Exhibits C and D. The
Primary Monthly Sampling Schedule, Exhibit C, will indicate the
pesticide/commodity combination that will be sampled and
delivered in accordance with this protocol . The Alternate
Monthly Sampling Schedule, Exhibit D, will indicate the
pesticide/commodity combination that may be substituted in the
event the primary pesticide/commodity combination is unavailable
for sampling. All substitutions shall be reported to a Pesticide
Enforcement coordinator in the headauarter' s office prior to.
sampling and delivery.
ARTICLE II. SAMPLING PROTOCOL
Collection
Samples shall be collected at the appropriate time, as described
in Article I .
Training
County personnel who collect samples to fulfill this Agreement
shall be trained in the sampling protocol . Training shall be
provided by the appropriate district office and conducted on an
as needed basis . Any samples collected by untrained staff shall
be rejected.
Contra Costa County Agreement No. 96-0179
Exhibit A
Page 3
Samples must be delivered to. the Residue Chemistry Laboratory in
the appropriate district on the day specified in Exhibit B.
Sample Delivery Numbers
Divide the monthly sample numbers by the number of delivery days
in the month. This is the maximum number to be delivered on your
delivery day unless authorized by the Supervising Pesticide Use
Specialist at the appropriate district office, prior to sample
collection and delivery.
Guidelines for Field Sampling
Samples are collected to obtain a representation of the commodity
in the field. Samples shall be taken from five sites (five-point
sample) of the field of equal distance apart to represent the
entire field or site . Samples shall be collected in each corner
and one from the middle of the field. In irregularly shaped
fields, samples shall be collected an equal distance apart to
represent the entire field onsite.
Guidelines for Sampling Commodities in Containers
Lot Size Sample Size
(Total number of containers (subsamples)
identifiable as belonging (Number of containers from
to one grower) which samples are to be taken)
1 to 5 All
6 to 110 5
111 to 300 10
301 to 500 15
501 to 800 20
801 and over 25
As a general rule, a minimum of two-pound of commodity is
sufficient per sample, per specific analysis, or screen
requested.
Notification and Duplicate Samples
If the owner of the commodity, the packer, 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 Analysis Report (PR-ENF-002 , Rev.
2/96) .
Contra Costa County Agreement No. 96-0179
Exhibit A
Page 4
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
blue ice/dry ice
Wide package sealing tape
Sample Data Sheet
Sample Collection and Preservation
Samples should be kept as cool as possible after collection and
handled in such a way as to avoid bruising.
Paper bags or cardboard boxes should be used to collect samples .
Write the sample number (not to exceed eight characters) , on the
outside of the paper bag containing the sample. Complete the
Produce Residue Analysis Report (PR-ENF-002, Rev. 2/96) , 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 directly into plastic bags , Plastic
causes sweating and chemical analysis problems . 'Place the sample
in the ice chest on blue or. dry ice. The temperature must remain
at less than 4 degrees centigrade during shipment to maintain the
integrity of that sample, and then seal the lid of the ice chest
with wide package sealing tape. It is particularly important to
keep the methyl bromide samples almost frozen during shipment .
If the samples cannot be delivered in person, shipping should be
done by a delivery service that guarantees next-day delivery to
the Residue Chemistry Laboratory in the appropriate district .
Samples taken more than a day prior to scheduled delivery shall
be refrigerated. Decomposed or badly dehydrated samples will be
rejected.,
Contra Costa County Agreement No. 96-0179
Exhibit A
Page 5
ARTICLE III. AGENCY RESPONSIBILITY
The Department of Pesticide Regulation shall through the
appropriate Pesticide Enforcement district office :
A. Provide technical assistance and training to county
agricultural commissioner personnel on sampling procedures
and completing Produce Sample Analysis Report (PR-ENF-002,
Rev. 2/96) . Training is required and shall be provided to
county personnel by each district office .
B. Provide county agricultural commissioners, by phone, with
results of analyses for all Agreement samples found with
illegal residues, or for other reasons that may require
immediate notification.
C. Provide county a copy of sample data sheet, with analytical
results, for all samples taken under this Agreement .
D. Ensure that samples meet the Agreement requirements and
reject inappropriate samples.
The county agricultural commissioner shall :
A. Obtain the minimum number of samples as specified in Exhibit
C unless otherwise approved by the DPR State Coordinator.
B. Ensure that all samples are identified with a field sample
number and accompanied by a properly completed data sheet .
Samples with data sheets which are not properly completed
will not be accepted and may require the resampling of that
commodity. The county will not be paid for the first sample
if the commodity is resampled. (Sample identification shall
not exceed eight characters . )
C. Send personnel to training provided by DPR for Priority
Pesticide Sampling:
D. Ensure that all sampling procedures follow those outlined in
Article II, Sampling Protocol .
E. Allow DPR to perform quality control of the county sampling
program.
F. Allow DPR to accompany samplers . This may constitute field
training for county personnel as well as a quality control
check.
Contra Costa County Agreement No. 96-0179
Exhibit A
Page 6
G. Arrange for transportation of all samples to the Residue
Chemistry Laboratory, in the appropriate district designated,
assuring that the samples arrive on the day designated, in a
manner suitable for analysis, with two Produce Residue
Analysis Reports (PR-ENF-002, Rev. 2/96) (original and copy)
for each sample.
H. Contact the .DPR State Coordinator prior to taking any
samples not already specified in this Agreement .
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, C and/or D.
J. Be responsible for maintaining the "chain of custody" since
Agreement samples are "official" samples .
Contra Costa County Agreement No. 96-0179
Exhibit B
Page 1
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 : 00 a.m. on the scheduled delivery day.
Contra Costa County Agreement No. 96-0179
Exhibits C and D
Page 1
EXHIBIT C. 1996/97 MONTHLY SAMPLE SCHEDULE
PRIORITY PESTICIDES SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG TOTAL
Benomyl/Apricots 3 3 6
Propargite/Sweet Corn 6 2 8
Methyl Bromide/Walnuts 2 2 2 2 2 10
Methyl Bromide/Almonds 11 1 11 1 1 3
Benomyl/Nectarines 1 1
0
0
0
TOTAL 8 5 3 3 2 0 0 0 3 4 0 01 281
EXHIBIT D. 1996/97 ALTERNATE MONTHLY SAMPLE SCHEDULE
PRIORITY PESTICIDES SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG TOTAL
Methyl Bromide/Walnuts X X X X X X1 0
0
0
0
0
0
0
TOTALI 0 0 0 0 0 0 0 0 0 --70 0 0 0
Contra Costa County Agreement No. 96-0179
Exhibit E
Page 1
EXHIBIT E. BUDGET SHEET
Pesticide Residue Sampling Ex1ense
Number of Cost Per
Samples Sample Total
28 Samples Q $80 . 00 $2, 240 . 00
Total 96/97 Agreement $2, 240 . 00
TO: BOARD OF SUPERVISORS Contra.
FROM: Edward P. Meyer, Acting Agricultural Commissions Costa
Director of Weights & Measures
g
DATE: AugUSt 5, 1996 County
� r;�*
SUBJECT: State Contract - Fiscal Year 19.96-97
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
RECOMMENDATION
It is recommended that the Board Chair be authorized to sign six
copies of Standard Agreement #96-0179.
BACKGROUND
Edward Meyer, Acting Agricultural Commissioner - Director of
Weights and Measures, states that the California Department of
Pesticide Regulation proposes to reimburse the County $2,240 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
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: .NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON 1:HE DATE SHOWN.
ATTESTED_ ✓�.G (G
Contact: PHIL BATOIELOR,CLERK O THE BOARD OF
cc: Agricultural SUPERVISORS AND COUNTY ADMINISTRATOR
CAO
BY a-' J I `�✓ ,DEPUTY