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HomeMy WebLinkAboutMINUTES - 09011998 - C81-C85 _. _. _. TO: BOARD OF SUPERVISORS Contra FROM: Edward P. Meyer, Agricultural Commissioner - l Costa Director of Weights & Measures .� Count DATE: September 1, 1998 SUBJECT: Residue Sampling Contract (#98-0115) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECO HMNDATION Authorize the Chair, Board of Supervisors, to sign the contract for Residue Sampling No. 98-0115. The effective date of this contract is September 1, 1998 through August 31, 1999. BACKGROUND The California Department of Pesticide Regulation will reimburse the County $1, 950 for specific work activities related to pesticide residue sampling. Please have your Beard Chair sign all seven copies of the contract and return them to our office for processing. CONTINUED ON ATTACHMENT: SIGNATURE: _—PL RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE ACTION OF BOARD ON " �''` - f 9' r APPROVED AS RECOMMENDED �14444fiw VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ��UNANIMOUS(ASSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED r `✓ � �' GQf1t8Ct: Bob Cruickshank PHIL BATCHELOR,CLERK OF THE BOARD OF cc: CIO SUPERVISORS AND COUNTY ADMINISTRATOR Auditor ' BY ,DEPUTY s,,.-ATF OF CX IFO RN1AgPRROVED BY THE STANDARD AGREEMENT : CONTRACTNUMBEr{_____-�— "'"—ATTORNEY GENERAL 98-0115 STO.2(REV.5-41)(DPR EWdrOff4) } TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered Into this 30 day of July, 1998, 1� 94-6000509_�� in the State of California,by and between State of-6-aGfomia,through its duly elected or appointed,qualified and acting TITLE OF O%f ICER ACTING,FOft STATE AGENCY —� DIRECTOR DEPARTMENT OF PESTICIDE REGULATION ,hereafter called the State,and coNrRAcfosrs r�taE CONTRA COSTA COUNTY ,hereafter called the Contractor WITNESSETH: That the Contractor for and in considers#ion of the covenants,conditions—agreements,and stipulations of the Sate 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 specifi=cations 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 "Budget Sheet", 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 Pesticide Enforcement Food Safety Coordinator for County Priority Pesticide Sampling Contracts, 830 K Street, Room 401, Sacramento, California 95814-3510. The effective period of this agreement shall be September 1, 1998 through August 31, 1999. 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, Exhibit D, 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, Pesticide Enforcement Food Safety Coordinator, 830 K Street, Room 401, Sacramento, California 95814-3510. Invoices must be submitted with signature and title of the person authorized to sign for the county. Invoices must identify, total samples by commodity and month, price per sample and total price for billing periods. Approved by tretalry/CEG# Per memorandum dated The provisions on the reverse side hereof constitute a part of this agreement. 0d• IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE 031= CAL1'�C?RN1A CC1tiTRACTCIR (510) 646-5250 N YCONTRACTOR {fl other thea ea,nctuat ahte xhether a .Peep. .; DEPARTMENT OF PESTICIDE REGULATION CONTRA COSTA COUNTY BY(AUTHURIZ (� X X -� PRINTED NAME DF PERSON SIGNING PRINTED NAME �WMEOF PER DN SIGNING JEAN WALKER � � Jim Roqers TITLE ADDRESS 2366 A. Stanwell Circle CONTRACTS MANAGER Concord, CA 94520-4804 AA40UNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) I,I URI TITLE ! Department of General Services THIS DOCUMENT 17230 to/FS j 1, 950.00 f{E Use Only PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT 1 ! �7 106 3930--001--0 98 98/99 �t tyEP'i.APPR( � TOTAL AMOUNT ENCUMBERED TO ! �of• CQs}I>�W�R tTE i I ��R�GyPa 1, 950.00 569-07 SAM 1Z15i I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. SIGNATURE OF ACC UNTING OFFICER DATE X ! F-1 F77 n n S'rATE OFSCALIFORN1A STANDARD AGREEMENT Page Two STM 2(REV.5-81)(OPR Elodronic) 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, fmn 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 4acurred in the performance hereof,including travel and per diem,unless otherwise expressly so provided. Agreement No. 98-0115 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 121SAI�ILITIE,S AC T 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. APER._OVAL 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(Qr 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-FE,(Rev. 1/96) (2) Agreement No. 98-0115 Page 4 DRUG FREE WO LACdECERTl 1 . Tt� ION 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 certificationby failing to carry out the requirements as noted above. NQN-MS RIM1NATION 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. 1196) (2) cam/ Agreement No. 98-0115 Page 5 PERSONAL NAI• SERV.MES This contract has complied with the Standards set forth in Government Code Section 19130(b), Public Contract Code Section 10337, and State Administrative Manual Sections 1249 and 1268. 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,(Rty. 1/96) (�l Contra Costa County Agreement No. 98-0115 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 and C. Priority Sampk-s This commodity-based program focusing on point-of-origin samples allows the Department of Pesticide Regulation (IPPR): (1) to analyze commodities using multi- residue screens to detect a total of more than 200 pesticides, metabolites, and breakdown products at exceedingly low levels; (2) meet the Food Quality Protection Act mandates by increased sampling of foods most likely to be consumed by infants and children. This program, using specific commodities, provides a means to determine: (1) possible detection of multiple pesticide residues on a given commodity which will provide useful information to evaluate the cumulative effects of residues that have a common mechanism of toxicity; (2) the need for using all three multi-residue screens (organophosphate, carbamate, and chlorinated hydrocarbons); (3) if pesticides, which may have adverse health effects, are present in California produce; and (4) as a final check, comparison of the pesticide use report data with the pesticide residue detection data. This program will focus on point-of-origin samples. Samples will be collected from packinghouses, coolers; packing sheds, and fields at packing time. All samples are to be fresh raw agricultural commodities. Identification of the grower and harvest date will be required. In addition, each sample data sheet must be identified with operator and site identification numbers. These identification numbers are needed to match the pesticide use report data to the sample. �r Contra Costa County Agreement No. 98-0115 Exhibit A Page 2 Commodities will be designated by a monthly sampling schedule identified as Exhibit C. The Monthly Sampling Schedule, Exhibit C, will indicate the commodity that will be sampled and delivered in accordance with this protocol. AU ARTICLE II. SAMPLING PROTOCOL Collection. Samples shall be collected at packing time only. Raining County agricultural commissioner personnel who collect samples to'fiilfill this Agreement shall be trained in the sampling protocol. Training shall be provided by the appropriate regional office and conducted on an as-needed basis. Any samples collected by untrained staff will not be accepted for analysis. Samples must be delivered to the California Department of Food and Agriculture's Center for Analytical Chemistry Laboratory in the appropriate regional area on the day specified in Exhibit B. SamDh D liv , umbers 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 Pesticide Enforcement Branch Food Safety Coordinator, pliQr to sample collection and delivery. Guidelines for Field Sam ,g Collect samples in the field site at packing time. Samples are to be collected from the box, bin, or carton, not from the tree or plant. These commodities are to be fresh, not spoiled or decayed. Ensure that the commodity is not destined for _ _...... Contra Costa County Agreement No. 98-0115 Exhibit A Page 3 processing. The minimum sample size is two pounds. Underweight samples will not be accepted. Do not duplicate a sample from the same site for a specific commodity. One site per grower will be allowed on any given delivery day. Complete the Produce Sample Analysis Report form (PR-ENF-002 Rev. 2196), writing clearly and legibly. Obtain-the grower and site identificai niers. Enter these numbers on the Produce Sample Analysis Report form in the SITE ID NUMBER and OPERATOR ID NUMBER fields. Obtain the harvest date, and enter it on the Produce Sample Analysis Report form in the DATE OF :HARVEST field. Place the sample number on the paper bag ensuring the number matches the Produce Sample Analysis Report. Avoid soiling the Produce Sample Analysis Report. Place the sample in clean double-strength paper bags. Do not place samples directly in plastic bags as these bags may contain substances which can be absorbed by the sample, causing misleading laboratory results. If the sample is wet, use two paper bags. Transport the samples to the laboratory in ice chests chilled with blue ice or dry ice. Collect a composite sample from one individual lot. Use the following chart as a guideline. GuideLnes for SamWing Commodities in Containers Lot Size Sample Size {Total number of containers (subsamples) identif able as belonging (Number of containers from to one grower.) which samples are to be taken.) 1 to 5 All 6 to 100 5 Over 101 10 Exception: Collect three melons regardless of the lot size. Contra Costa County Agreement No. '98-0115 Exhibit A Page 4 GuidelinesQuidelines for Packinghouses/Packing Sheds/Coolr a l When collecting from a packinghouse, packing shed, or coolers, ask the manager or responsible person if any of the produce will be receiving any pesticide treatment. If the commodity is going to receive post-harvest treatment, collect the sample at the end of the packing line after washing and trimming has been completed and the produce is in the final stages of packing for shipment. Do not sample from bins that have commingled produce. If the commodity is not going to receive a pesticide application, sample the produce at the front end of the packing line. When sampling from bulk lots, do not strip outer leaves from a commodity. Collect the sample from the bins or truck. When sampling from a bulk container, collect a composite sample from one individual lot. Ten subsam lei s constitute_a_comnos� t� a s_amle =a-bin or Imck. 'Melons are an exception. When sampling melons from a bulk container always collect three. Use the following chart as a guideline. The sample is to represent the "site." Tao not duplicate a sample from the same site for a specific commodity. One site per grower will be allowed on any given delivery day. Guidelines fDr Sampling Commodities in Bulk Containers Bulk Lot Size Sample Size (Identifiable as belonging (subsamples) to one grower.) Bins 10 Trucks 10 Exception: Collect three melons regardless of the lot size. Commodities sampled are to be fresh, not spoiled or decayed. Ensure that the commodity is not destined for processing. The minimum sample size is two pounds. Underweight samples will not be accepted. Complete the Produce Sample Analysis Report form (PR-ENF-002 Rev. 2/96), writing clearly and legibly. Qb the.gam=r and site identification numbers. Enter these numbers on the Produce Contra Costa County Agreement No. 98-0115 Exhibit A Page 5 Sample Analysis Report form in the SITE ID NUMBER and OPERATOR ID NUMBER fields. Obtain the harvest date and enter it on the Produce Sample Analysis Report form in the DATE OF HARVEST field. Place the sample number on the paper bag ensuring the number matches that on the Produce Sample Analysis Report. Avoid soiling the Produce Sample Analysis Report. Place the sample in a clean double-strength paper bag. Do not place samples directly in Mastic bags as these bags may contain substances which can be absorbed by the sample, causing misleading laboratory results. If the sample is wet, use two paper bags. Transport samples in ice chests chilled with blue ice or dry ice. oli&ation and Du 1p icat If the owner of the commodity, the packer, or a representative is available at the time of sampling, he/she should be notified that their commodity is being sampled. When sampling is complete, the owner of the commodity should be provided with a copy of the Produce Residue Analysis Report. The following equipment should be carried or available when collecting samples: Rubber gloves Knife/shears Felt tip marker with7mdelible ink Small and large paper bags/cardboard boxes Plastic bags/trash can. liners Zip-lock storage bags Styrofoam ice chest/insulated coolers Blue ice/dry ice Wide package sealing tape Produce Sample Analysis Report forms (PR-ENF-002, Rev. 2/96) Contra Costa. County Agreement No. 98-0115 Exhibit A Page 6 Sa=le Preservation Samples should be kept as cool as possible following collection and handled in such a way as to avoid bruising. Samples should be placed in a cooler with blue ice. Paper bags and/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. Complete the Produce Sample 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 the sample from getting wet during handling or shipping. Do net MA the sa=le directly into plastic bags, Plastic causes sweating and chemical analysis problems. Place the sample in the ice chest on blue or dry ice, and then seal the lid of the ice chest with wide package sealing tape. S=he Transom Always maintain the integrity of your samples. After collection and during transport to the laboratory, be sure to keep the samples separate from areas in your vehicle that may be contaminated with pesticide residues. When loading samples into your vehicle, be sure to place easily crushed samples, such as strawberries and cherries, on top of heavier samples. Samples should always be placed in a cooler with blue ice during transport. If samples are stored prior to delivery to the laboratory, they should be refrigerated to prevent deterioration and degradation of any passible pesticide residues. If the samples cannot be delivered in person, they should be shipped by a courier service that guarantees next-day delivery to the California Department of Food and Agriculture's Center for Analytical Chemistry in the appropriate regional office or regional area. 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. 98-4115 Exhibit A Page 7 ARTICLE III. AGENCY RESPONSIBILITY DPR shall A. Provide technical assistance and training to county agricultural commissioner personnel on sampling procedures and completing a Produce Sample Analysis Report (PR-ENF-002, Rev. 2/96). Training is required and shall be provided to county personnel by each regional office. B. Provide the county agricultural commissioner with a copy of the Produce Sample Analysis Report (PR-ENF-002, Rev. 2/96), with analytical results, for all samples taken under this Agreement. C. Ensure that samples meet the requirements in this Agreement. The county agricultural commissioner shall: A. Obtain the minimum number of samples as specified in Exhibit C unless otherwise approved by the Pesticide Enforcement Branch Food Safety Coordinator. B. Ensure that all samples are identified with a field sample number and accompanied by a properly completed Produce Sample Analysis Report (PR-ENF-002, Rev. 2/96). Samples with Produce Sample Analysis Reports 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's Regional Office for priority pesticide sampling. D. Ensure that all sampling procedures follow those outlined in Article II, Sampling Protocol. Contra Costa County Agreement No. 98-4115 Exhibit A Page 8 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. G. Arrange for transportation of all samples to the California Department of Food and Agriculture's Center for Analytical Chemistry in the appropriate regional office or regional area, assuring that the samples arrive on the day designated, in a manner suitable for analysis, with l Produce Sample Analysis Reports (PR-ENF-002, Rev. 2/96) (original and copy) for each sample. H. Contact the Pesticide Enforcement Branch Food Safety Coordinator prior to taking any samples not already specified in this Agreement. I. Contact the Pesticide Enforcement Branch Food Safety Coordinator 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. Centra Costa County Agreement No. 98-0115 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 laboratory representative in the California Department of Food and Agriculture's Center for Analytical Chemistry no later than 8 .00 a.m. on the scheduled delivery day. Contra Costa County Agreement No. 98-4115 Exhibit C Page 1 EXHIBIT C. 1998195 MONTHLY SAMPLE SCHEDULE PRIORITY PESTICIDES SNP OCT NOV DEC JAN ]ME MAR APR MAY JUN JUL AUG TOTAL Apricots 3 3 Cherry 2 2 4 Sweet Corn 4 4 4 12 Nectarine 1 2 2 Pear l 1 Pepper (Bell) 2 2 Strawberries 1 1 2 Tomato 2 2 4 TOTAL 9 � 0 D 0 (3 � t} 3 12 Q 0 30 Conga Costa County Agreement No. 98--0115 Exhibit D Page 1 EXHIBIT D. BUDGET SHEET gtst icide Re i duf.- Eampling Exp n -e- Number of Cost Per ,9amnles -sa=le 30 Samples @ $65 . 00 $1, 950 . 00 Total 98/99 Agreement $1, 950 . 00 STATE OF CALIFORNIA APPROVED BY THE I CONTRACTNUMEEa __...-------._-_-AM<-NtS.�— STANDARD AGREEMENT ATTORNEY GENERALS8-11115 STD.2(REV.5.94)(OPR Efec[Mrk) TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER THIS AGREEMENT,made and entered into this 30 day of July, 1998, _ 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 AdfNG FOR STATE f AGENCY DIRECTOR l DEPARTMENT OF PESTICIDE REGULATION hereafter oiled the State,and CONTRACTOR'S NAME — CONTRA COSTA COUNTY hereafter called the Contractor WITNESSETH: That the Contractor for and in consideration o 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 specir"dons,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 "Budget Sheet", 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 Pesticide Enforcement Food Safety Coordinator for County Priority Pesticide Sampling Contracts, 830 K Street, Room 401, Sacramento, California 95514-35117. The effective period of this agreement shall be September 1, 1998 through August 31, 1999. 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, Exhibit D, 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, Pesticide Enforcement Food Safety Coordinator, 830 K Street, Room 401, Sacramento, California 95814-3510. Invoices must be submitted with signature and title of the person authorized to sign for the county. Invoices must identify, total samples by commodity and month, price per sample and total price for billing periods. Approved bysecretary/CEO per memorandum dated 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 0 LIFORN1A CONTRACTOR (510)646-5250 A N 1t MUMM (froftr than an k-4Wd,*State WhWtW a dorpore un.parfnera/NN.etc,} DEPARTMENT OF PESTICIDE REGULATION CONTRA COSTA COUNTY X X PRINTED E OF PERSON SIGNING PRD NAME AND TITLE PERSON a i JEAN tALKER Jim R ars hal TITLE ADDRESS 2366 A. Stanwell Circle CONTRACTS MANAGER Concord , CA 94520-4804 AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) iFUM MLE Deperfrnent of General Services THIS DOCUMENT1? G f i 1,950.00 use Only PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT ,7 3930-001-0106 98 98/99 i i WK DEPT,AWMAL TOTAL AMOUNT ENCUMBERED To NIDIiUI 1,950.00 569-07 j 5W 1215 t hereby certify upon my own pervonal knowAx0e that budgeted funds are I, available for the period and purpose of the expenditure stated above. SIGNATURE OF ACCOUNTING OFFICER DATEX (�\ .1 C�N�, 111 • h A( t - F� n C,g STATE of''CALir-ORNIA STANDARD AGREEMENT Page Two STD.2(f21 M 5-01)(OPR Sewanic) 1. The Contractor agrees to indemnify, defend and sage 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 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 4acurred in the performance hereof, including travel and per diem,unless otherwise expressly so provided. Agreement No. 98-0115 Page 3 AN ENDME=ANCELLATION 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-WITDISABILITIES-AC 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. APPR OYAL 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). AUDI� 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, BUD E.T 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. 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(car designated representative)of each organization for joint resolution(Public Contract Cade Section 22200 and California Code of Regulations,Title 1, Section 300 et seq.). MOI ES AND PAVYMENTS 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. 98-04-PE,(Rev. 1196) (2) Agreement;No. 98-0115 Page 4 DRUG FREE KPLACE 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. NQNDISCRTMINATIQN CLAUU (t`K -11 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) (2) C.s� Agreement No. 98-0115 Page 5 PERSONAL SERYICES This contract has complied with the Standards set forth in Government Code Section 19130(b), Public Contract Code Section 10337, and State Administrative Manual Sections 1249 and 1268. RESOLITIQNS 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 mint be included when contracting parties are county,city, district,boards or commissions(State Administrative Manual Section 1208). SUBCONT. ,4 .TRiQ Contractor shall not subcontract any services under this contract without prior approval of the State's representatives. 88-04-PE,(illy. 1196) t�1 cs l Contra Costa County Agreement No.;98-0115 Exhibit A Page 1 EXH 03IT A. AGREEMENT SPECIFICATIONS FOR PRIORITY PESTICIDE SAMPLING ARTICLE 1. 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 and C. Priori.. Samples This commodity-based program focusing on point-of-origin samples allows the Department of Pesticide Regulation (DPR.): (1) to analyze commodities using multi- residue screens to detect a total of more than 200 pesticides, metabolites, and breakdown products at exceedingly low levels; (2) meet the Food (,duality Protection Act mandates by increased sampling of foods most likely to be consumed by infants and children. This program, using specific commodities, provides a means to determine: (1) possible detection of multiple pesticide residues on a given commodity which will provide useful information to evaluate the cumulative effects of residues that have a common mechanism of toxicity; (2) the need for using all three multi.--residue screens (organophosphate, carbamate, and chlorinated hydrocarbons); (3) if pesticides, which may have adverse health effects, are present in California produce; and(4) as a final check., comparison of the pesticide use report data with the pesticide residue detection data. This program will focus on point-of-origin samples. Samples will be collected from packinghouses, coolers; packing sheds, and fields at packing time. All samples are to be fresh raw agricultural commodities. Identification of the grower and harvest date will be required. In addition, each sample data sheet must be identified with operator and site identification numbers. These identification numbers are needed to match the pesticide use report data to the sample. C,?l Contra Costa County Agreement No. 98-0115 Exhibit A Page 2 Commodities will be designated by a monthly sampling schedule identified as Exhibit C. The Monthly Sampling Schedule, Exhibit C, will indicate the commodity that will be sampled and delivered in accordance with this protocol.' AU ARTICLE II. SAMPLING PROTOCOL Camra Samples shall be collected at packing time only. Trainin County agricultural commissioner personnel who collect samples to fulfill this Agreement shall be trained in the sampling protocol. Training shall be provided by the appropriate regional office and conducted on an as-needed basis. Any samples collected by untrained staff will not be accepted for analysis. Samples must be delivered to the California Department of Food and Agriculture's Center for Analytical Chemistry Laboratory in the appropriate regional area on the day specified in Exhibit B. Sa=ke D ive v Numbers Divide the monthly sample numbers by the number of delivery days'in the month. This is the maxi n=number to be delivered on your delivery day unless authorized by the Pesticide Enforcement Branch Food Safety Coordinator, pjim to sample collection and delivery. rW&J nes for Field Sau p * Collect samples in the field site at packing time. Samples are to be collected from the box, bin, or carton, not from the tree or plant. These commodities are to be fresh, not spoiled or decayed. Ensure that the commodity is not destined for Contra Costa County Agreement No. 98-0115 Exhibit A Page 3 processing. The minimum sample size is two pounds. Underweight samples will not be accepted. Do not duplicate a sample from the same site for a specific commodity. One site per grower will be allowed on any given delivery day. Complete the Produce Sample Analysis Report form (PR-ENF-002 Rev. 2196), writing clearly and legibly. Obtain the I-siteidentification numbers. Enter these numbers on the Produce Sample Analysis Report fon in the SITE ID NUMBER and OPERATOR ID NUMBER. fields. Obtain the harvest date, and enter it on the Produce Sample Analysis Report form in the DATE OF HARVEST field. Place the sample number on the paper bag ensuring the number matches the Produce Sample Analysis Report. Avoid soiling the Produce Sample Analysis Report. Place the sample in clean double-strength paper bags. Do not place samples directly in plastic bags as these bags may contain substances which can be absorbed by the sample, causing misleading laboratory results. If the sample is wet, use two paper bags. Transport the samples to the laboratory in ice chests chilled with blue ice or dry ice. Collect a composite sample from one individual lot. Use the following chart as a guideline. Guidelines foram >ling Commoditiesin 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 100 5 Over 101 10 Exception: Collect three melons regardless of the lot size. Contra Costa County Agreement No. 95-4115 .Exhibit A Page 4 Guidelines for Packinghouseslaaing Sheds/Coolers-Samplin When collecting from a packinghouse, packing shed, or coolers, ask the manager or responsible person if any of the produce will be receiving any pesticide treatment. If the commodity is going to receive post-harvest treatment, collect the sample at the end of the packing line after washing and trimming has been completed and the produce is in the final stages of packing for shipment. Do not sample from bins that have commingled produce. If the commodity is not going to receive a pesticide application, sample the produce at the front end of the packing line. When sampling from bulk lots, do not strip outer leaves from a commodity. Collect the sample from the bins or truck. When sampling from a bulk container, collect a composite-sample from one individual lot. Tenb. Hippo is 'tu &cQ_rr►p, i „ le from a. bin or . Melons are an exception. When sampling melons from a bulk container always collect three. Use the following chart as a guideline. The sample is to represent the "site." Do not duplicate a sample from the same site for a specific commodity. One site per grower will be allowed on any given delivery day. Guidelines foram aping Commodities in Bulk.Containers Bulk Lot Size Sample Size (Identifiable as belonging (subsamples) to one grower.) Bins 14 Trucks 14 Exception: Collect three melons regardless of the lot size. Commodities sampled are to be fresh, not spoiled or decayed. Ensure that the commodity is not destined for processing. The minimum sample size is two pounds. Underweight samples will not be accepted. Complete the Produce Sample Analysis Report form (P -Elm'-t}42 Rev. 2/96), writing clearly and legibly. Qbtain th . rower a`nd site_identification numbers. Enter these numbers on the Produce CwS1 Centra Costa County Agreement No. 98-0115 Exhibit A Page 5 Sample Analysis Report form in the SITE ID NUMBER and OPERATOR.ID NUMBER Melds. Obtain the harvest date and enter it on the Produce Sample Analysis Report farm in the DATE OF HARVEST field. Place the sample number on the paper bag ensuring the number matches that on the Produce Sample Analysis Report. Avoid soiling the Produce Sample Analysis Report. Place the sample in a clean double-strength paper bag. Do not place samples directly in plastic bags as these bags may contain substances which can be absorbed by the sample, causing misleading laboratory results. If the sample is wet, use two paper bags. Transport samples in ice chests chilled with blue ice or dry ice. Notification wd Dour= Sara lie If the owner of the commodity, the packer, or a representative is available at the time of sampling, he/she should be notified that their commodity is being sampled. When sampling is complete, the owner of the commodity should be provided with a copy of the Produce.Residue Analysis Report. u. The following equipment should be carried or available when collecting samples: Rubber gloves Fife/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/insulated coolers Blue ice/dry ice Wide package sealing tape Produce Sample Analysis Report forms (PR-ENF-002, Rev. 2/96) C.51 Centra Costa County Agreement No. 98-0115 Exhibit A Page 6 S ;vlr, Pres ervis Samples should be kept as coal as possible following collection and handled in such a way as to avoid bruising. Samples should be placed in a cooler with blue ice. Paper bags and/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. Complete the Produce Sample Analysis Report (PR-EN'-002, Rev. 2/96), seal it in a zip-lack 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 the sample Brom getting wet during handling or shipping. Do n!ot pZthe tle directly into plastic bad Plastic causes sweating and chemical analysis problems. Place the sample in the ice chest on blue or dry ice, and then seal the lid of the ice chest with wide package sealing tape. Sa=le Tr�.�nort Always maintain the integrity of your samples. After collection and during transport to the laboratory, be sure to keep the samples separate from areas in your vehicle that may be contaminated with pesticide residues. When loading samples into your vehicle, be sure to place easily crushed samples, such as strawberries and cherries, on top of heavier samples. Samples should always be placed in a cooler with blue ice during transport. If samples are stored prior to delivery to the laboratory, they should be refrigerated to prevent deterioration and degradation of any possible pesticide residues. If the samples cannot be delivered in person, they should be shipped by a courier service that guarantees next-day delivery to the California Department of Food and Agriculture's Center for Analytical Chemistry in the appropriate regional office or regional area. Samples taken more than a day prior to scheduled delivery shall be refrigerated. Decomposed or badly dehydrated samples will be rejected. C'?1 Contra Costa County Agreement No. 98-0115 Exhibit A Page 7 ARTICLE III. AGENCY RESPONSIBILITY DPR. shall A. Provide technical assistance and training to county agricultural commissioner personnel on sampling procedures and completing a Produce Sample Analysis Report (PR-ENF-002, Rev. 2/96). Training is required and shall be provided to county personnel by each regional office. B. Provide the county agricultural commissioner with a copy of the Produce Sample Analysis Report (PR-ENF-002, Rev. 2/96), with analytical results, for all samples taken under this Agreement. C. Ensure that samples meet the requirements in this Agreement. The county agricultural commissioner shall: A. Obtain the minimum number of samples as specified in Exhibit C unless otherwise approved by the Pesticide Enforcement Branch Food Safety Coordinator. B. Ensure that all samples are identified with a field sample number and accompanied by a properly completed Produce Sample Analysis Report (PR-ENF-002, Rev. 2/96). Samples with Produce Sample Analysis Reports 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 graining provided by DPR°s Regional Office for priority pesticide sampling. D. Ensure that all sampling procedures fallow those outlined in Article H, Sampling Protocol. .. Centra Costa County Agreement No. 98-0115 Exhibit A Page 8 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. G. Arrange for transportation of all samples to the California Department of Food and Agriculture's Center for Analytical Chemistry in the appropriate regional office or regional area, assuring that the samples arrive on the day designated, in a manner suitable for analysis, with fit Produce Sample Analysis Reports (PR-ENF-002, Rev. 2/96) (original and copy) for each sample. H. Contact the Pesticide Enforcement Branch Food Safety Coordinator prior to taking any samples not already specified in this Agreement. I. Contact the Pesticide Enforcement Branch.Food Safety Coordinator prior to taking any samples which will not meet the delivery day and numbers specified in Exhibits B, C, and/or D. I Be responsible for maintaining the "chain of custody" since Agreement samples are "official" samples. C S11 Contra Costa County Agreement No. 98-0115 Exhibit B Page 1 EXHIBIT B. SAMPLE DELIVERY SCHEDULE DELIVERY ]SAY - THURSDAY Samples may be delivered the afternoon, prior to your scheduled delivery day. However, samples are to be delivered to a laboratory representative in the California Department of Food and Agriculture' s Center for Analytical Chemistry no later than 8 :00 a.m. on the scheduled delivery day. C11 Contra Costa County Agreement No. 98-0115 Exhibit C Page 1 EXHIBIT C. 2998/99 MONTHLY SAMPLE SCHEDULE PRIORITY PESTICIDES SEP OCT NOV DEC JAN FEB MAR APR MAY JUN ,7t7L AUG TOTAL .Apricots 3 3 Cherry 2 2 4 Sweet Corn 4 4 4 12 Nectarine 1 2 2 Pear 2 1 Pepper (Hell) 2 2 .Strawberries 1; 11 2 Tomato 2 2 4 TOTAL 9 6do 0 0 {? 0 Q 3 22 0 n 30 ...... C.?j Contra Costa County Agreement No. 98-0115 Exhibit D Page 1 EXHIBIT D. BUDGET SHEET Pegqtigid - 'sok ue Sa=.Jina Ex ensg Number of Cost Per males Samp e Total 30 samples @ $65 .00 $1, 950 . 00 Total. 98/99 Agreement $1, 950 .00 TO: BOARD OF SUPERVISORS Contra f FROM: Edward P. Meyer, Agricultural Commissions - Cbsta ' Director of Weights & Measures � County,ounty DATE: September 1, 1998 SUBJECT: Residue Sampling Contract (x#98-0115) SPECIFIC REOU£ST(S)OR RECOMMENDATION($)A BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the Chair, Board of Supervisors, to sign the contract for Residue Sampling No. 98-9115. The effective date of this contract is September 1, 1998 through August 31, 1999. BACKGROUND The California Department of Pesticide Regulation will reimburse the County $1,956 for specific work activities related to pesticide residue sampling. Please have your Board Chair sign all seven copies of the contract and return them to our office for processing. CONTINUED ON ATTACHMENT:$ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE 5: ACTION OF BOARD ON - '°' _ c APPROVED AS RECOMMENDED_4f -OX4460•___._ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE .NIMOUS(ASSENT j AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OP THE BOARD ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED Contact: Bob Cruickshank PHIL BATCHELOR.CLERK OF THE BOARO OF cc: CAO S PEIIVISORS AND COUNTY ADMINISTRATOR Auditor ✓y � Sy _'Y'` "'�,�,��.Y"'... ,DEPUTY DELETED At the request of the County Administrator C.82 September 1, 1998 AUTHORIZE and APPROVE the County Administrator to executean amendment to fiberoptics license issued to OST Telecom, Inc., on behalf of the County, the Flood Control District, and the Redevelopment Agency. THIS ITEM REMOVED FROM CONSIDERATION TO: BOARD OF SUPERVISORS FROM: J. MICHAEL. WALFORD, DIRECTOR PUBLIC WORKS DEPARTMENT DATE: SEPTEMBER 1, 1998 SUBJECT: AMENDMENT TO FORMER SOUTHERN PACIFIC RIGHT OF WAY LICENSE AGREEMENT SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE amendment to License Agreement with GST Telecom Inc. and AUTHORIZE the County Administrator to execute said amendment on behalf of the County, the Redevelopment Agency and the Contra Costa County Flood Control and Water Conservation District. it. Financial Impact: None. III. Reasong forRc mndat' B ru d: Can February 21, 1998 the County, Redevelopment Agency and the Flood Control and Water Conservation District entered into a License Agreement which enabled CST Telecom Inc. to construct and maintain a fiberoptic telecommunications conduit system within the former Southern Pacific Right of Way. At that time, GST entered into a License Agreement with Alameda County to continue the system through the Alameda County portion of the property. The counties and GST agreed to a joint marketing and revenue sharing plan for vacant conduit installed on the property. The License Amendment allows GST to be the sole marketer of the vacant conduit, and to compensate the County for this right. Alameda County is expected to execute a similar license amendment. IV. Co-rismencert of Nggative_Action: Conduit is likely to remain vacant resulting in an under-use of an important communications resource. Continued on Attachment:Ae–.1 SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —APPROVE OTHER SIGNATURES): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT } AYES: NOES: ABSENT:.ABSTAIN: ED:iz dotentsopactic.60 I hereby certify that this is a true and correct OrIg. copy of an action taken' and entered on the Contact: Eileen t7oten(646-1609)sept: Public works minutes of the Board of Supervisors on the Cont date shown. cc: County Administrator ATTESTED: Director,Redevelopment Agency PHIL BATCHELOR, Clerk of the Burd Director,Flood Control&Water Cons.Dist. of Supervisors and County Administrator Public Works Accounting By Deputy FIRST AMENDMENT TO LICENSE FOR THE CONSTRUCTION AND OPERATION OF TELECOMMUNICATIONS SYSTEMS ON SPECIFIED CONTRA COSTA. COUNTY PROPERTIES 1. EFFECTIVE DATE AND PARTIES Effective September 1, 1998, this Amendment is entered into by and between CONTRA COSTA COUNTY, a political subdivision of the State of California, CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California, and REDEVELOPMENT AGENCY OF CONTRA.COSTA COUNTY, a redevelopment agency formed under the laws of the State of California,hereinafter jointly and severally referred to as"Licensor," and GST TELECOM, INC., a Delaware corporation, hereinafter referred to as "Licensee." 2. PURPOSE Effective February 21, 1996, the parties entered into a written license agreement entitled "License for the Construction and Operation of Telecommunications Systems on Specified Contra Costa County Properties" (referred to as the "License"), which provided for the construction by Licensee of a fiber optic communications system on certain real property owned by Licensor. The License has not been amended previously. Pursuant to Section 12.8 of the License, the parties now desire to amend the License to provide for the exclusive ownership and use of additional Cable by Licensee, the payment of additional License Fees by Licensee, and the extension of the License Period. 3. AMENDMENTS TO LICENSE The License is amended as follows: A. Section 1.2 is deleted. B. Section 1.10 is amended to read: "Licensee's Cable-Cable to be installed, maintained and operated in eight of the conduits in the Conduit System, the ownership and use of which Cable is reserved exclusively for Licensee or its customers, except as provided otherwise in this License. C. Section 1.12 is deleted. Page 1 of 6 D. The first sentence of Section 2.6 is amended to read: "Licensor's right to use the License Area shall commence on the 211 day of February, 1996, and such right to use the License Area shall terminate on the 21" day of February, 2016, at 12:01 a.m.,hereinafter called the"Initial License Period." E. The third sentence of Section 3.1 is amended to read: "Licensee may provide installation of Cable and necessary accessories and components to occupants or users of the Conduit System." F. The fourth sentence of Section 4.1 is deleted. G. Section 5.1 is amended to read: "License Fees - Licensee shall make the following Lump Sum,License Fee payments to Licensor on or before the dates indicated: $625,000.00 (September 1, 1998); $625,000.00 (September 1, 1999); and$625,000.00 (March 1,2000). In addition,on February 21, 1996 and on February 21 of each year thereafter throughout the Initial License Period,Licensee shall pay to Licensor an Annual License Fee in an amount calculated by multiplying the number of lineal feet available in the entire License Area for installation of Licensee's Cable times the amount of one dollar and seventy-five cents($1.75). The Annual License Fee shall be subject to periodic adjustment as provided in Section 5.3. H. The first and second sentences of Section 5.3 are amended to read: "On February 21 of 2001, 2006, and 2011, the Annual License Fee shall be adjusted based upon the United States Department of Labor Bureau of Labor Statistics Consumer Price Index of Urban Wage Earners and Clerical Workers (CPI-U),base year December 1995. If this License is renewed, a similar CPI adjustment shall also be made on February 21. of 2021 and 2031." 1. Section 5.4 is deleted. J. The second sentence in Section 5.6 is amended to read: "Except for the Lump Sum License Fee payments and the Annual License Fee payments described in Section 5.1, which are due on the dates indicated,payment shall be due within thirty (30) days of a party's receipt of an invoice for the amount owed." Page 2 of 6 K. The third and fourth sentences of Section 6.4 are deleted. L. Section 6.7 is deleted. M. Section 6.8 is deleted. N. Section 6.9 is deleted. O. The information for the Licensor and Licensee in Section 7.2 is amended to read: "For the Licensor Name J. Michael Walford Title Director of Public Works Address 255 Glacier Drive Martinez, CA 94553 Phone (925) 313-2000 "For the Licensee Name Kevin Wright Title Senior Vice President and Corporate Technical Officer, GST Telecom, Inc. Address 4317 NE Thurston Way Vancouver, WA 98662 Phone (360) 254-4700" P. The information for the Licensee and Licensor in Section 12.9 is amended to read: "To Licensee - To Licensor- GST Telecom, Inc. Contra Costa County Kevin Wright, Senior Vice President Public Works Department and Corporate Technical Officer J. Michael Walford, Director 4317 NE Thurston Way 255 Glacier Drive Vancouver, WA 98662 Martinez, CA 94553 (360) 254-4700 (925) 313-2000 "The Licensor acknowledges the Licensee's request to send a courtesy copy of any notice to: Page 3 of 6 Greg Warta, Assistant Vice President CST Telecom, Inc. 4317 NE Thurston Way Vancouver, WA 98662 (360) 604-2825 and Geri Roper, Manager, Contracts & Dockets 4317 NE Thurston Way Vancouver, WA 98662 (360) 604-2824" 4. REMAINING PROVISIONS Except for the changes made by this Amendment, all provisions of the License shall remain in full force and effect. 5. SIGNATURES These signatures attest the parties' agreement hereto: CONTRA COSTA COUNTY GST TELECOM, INC. By: By: Phil Batchelor, County Administrator Title: CONTRA COSTA. COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: Title: By: Phil Batchelor, County Administrator Page 4 of 6 REDEVELOPMENT AGENCY OF CONTRA COSTA COUNTY By: Phil Batchelor, County Administrator RECOMMENDED FOR APPROVAL: J. Michael Walford, Director Public Works Department By: APPROVED AS TO FORM: Victor J. Westman, County Counsel By: David F. Schmidt, Deputy County Counsel Note: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president or vice-president,the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civ.Code,Sec. 1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of } } ss. County of } On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for CST Telecom, Inc., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Page 5 of 6 WITNESS my hand and official seal. Dated: August , 1998 Notary Public [Notary's Seal] Page 6 of 6 fl TO: BOARD OF SUPERVISORS FROM: PHIL BATCHELOR, County Administrator DATE: September 1, 1998 SUBJECT: DEAN AND MARGARET LESHER FOUNDATION GRANT - AUTHORIZE TO EXECUTE GRANT CONTRACT AND ACCEPT FUNDS SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Authorize the County Administrator or designee to execute the grant contract and any amendments and modifications thereof with the Clean and Margaret Lesher Foundation to receive funding for an arts display and children's art therapy program in family and juvenile court facilities, effective July 1, 1998. (Funding is allocated in the amount of$9,000 for 1998 and $32,500 for 1999.) FINANCIAL IMPACT: None. No local match required. BACKGROUND The Lesher Foundation has approved funding for a "Children of the Court" art program and display. Grant funds will be used in Phase I to install frameworks for children of the Court art exhibits. Artwork(created by children from the Court) will be displayed in family and juvenile court facilities and will serve as a reminder to all litigation participants of the fundamental'purpose of the courts in processing the cases which involve children's issues. It is anticipated that the exhibits will make the court facilities more"user friendly"for children and their families who are required to wait for and participate in family related proceedings. It is planned that the selections will provide an important display of the creative work of children expressing themselves during these troubled times. The fiscal year 1998-99 plan is to provide artistic activities (in addition to the continuing artistic exhibits) supervised by trained volunteers for children who are awaiting court in the coordinated court facilities. The CASA (court appointed special advocates) program has agreed to include training in"creative arts activities"for the hundreds of volunteers who go through their program and are then appointed as special advocates for particular children. Screened volunteers will be available to work with children in the Court facilities in dedicated children's'centers which will be equipped with art supplies, puppets, and furnishings. Volunteers will present painting, drawing, drama, and other creative activities for children and their families. It is also the plan of the program to serve identified children"at risk"by an outreach effort using volunteers to provide artistic activities in foster care, group home facilities, as well as in home programs where children are under continued court jurisdiction. CONTINUED ON ATTACHMENT: --„YES X NO SIGNATURE: � ,..`/ -•'^ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMIATTEE SIGNATUREM: : .9 ACTION OF BOARD ON •"" 7 APPROVED AS RECOMMENDED -•OT'Rff VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN °UNANIMOUS(ABSENT t AN ACTION TAKEN AND ENTERED AYES: NOES ON MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ONT HE DATE/SHOWN ATTESTERQd`/ PHIL BTCE.rLU°, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR r CC: GAO JUSTICE SYSTEMS PROGRAMS BY AUDITOR CONTROLLER SUPERIOR COURT ADMINISTRATION j TO: BOARD OF SUPERVISORS FROM. William Walker, M.D. , Health Services Director f,.. 1 Contra By: Ginger Marieiro, Contracts Administrator Costa DATE: August 13, 1998 County( SUBJECT: Approval of Non-Physician Services Contract #27-325-1 with California Eye Clinic SPECIFIC R9QUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECO1QMENDAT1 QX(S)-: Approve and authorize the Health Services Director, or his designee (Milt Camhi) to execute on behalf of the County, Non-Physician Services Contract #27-325-1 with California Eye Clinic, for the period from July 1, 1998 through June 30, 1999, for provision of professional optician services . 1 . For Commercial members, County shall pay Contractor as follows : Vision Exams $50 . 00 Contact Lens Vision Exams $83 .00 Single Vision Lenses $25.00 Bifocal Lenses $40 . 00 Trifocal Lenses $65 . 00 Lenticular Lenses $65 . 00 Frames $40 . 00 Contact Lenses $65 . 00 2 . .For Medi-Cal and Medicare members, County shall pay Contractor in accordance with the rates provided in the Medi-Cal Schedule of Maximum Allowances in effect on the date professional health care services are rendered. FISCAL IMPACT: This Contract is funded by Contra Costa Health Plan member premiums`. Casts depend upon utilization. As appropriate, patients and,/or third party payors will be billed for services. BAC`.RCRgIM-TD IREASQNf FOR EtECC>=NDATION�S} : For a number of years the County has contracted with medical and dental specialists to provide for patients, specialized professional services which are not otherwise available in its hospital and (health centers . The Contra Costa Health Plan has been obligated to provide professional optician services, including eyewear, for Health Plan patients with optician services as a covered benefit . .Approval of Non-Physician Services Contract #27-325-1 will allow the Contractor to continue providing optician services to Contra Costa Health Plan through June 30, 1999 . QONTNUF.12 QN A C ' Y SIGNATUERE -M RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOAR?COMMITTEE APPROVE OTHER d ACTION OF BOARD ON 199 APPROVED AS RECOMMENDED X p VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS {ABSENT T 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. (11 ATTESTED .Lrt.,t-«� � l ,L� PHIL BAT HELOR,CLERK OF THE BOARD OF Contact Person: Milt Camhi {313-60(}4} SUPERVISORS AND COUNTY ADMINISTRATOR CC: Health Services(Contracts) Risk Management Auditor Controller BY� � _ �,DEPUTY Contractor TO: BOARD OF SUPERVISORS C s p FROM: William 'Walken, M.D. , Health Services Director � . `;� Contra By: Ginger Marieiro, Contracts Administrator Costa DATE: August 13, 1998 County SUBJECT: Approval of Contract #27-400 with Rick Harris, D.C. ' tdba neer Valley Chiropractic) SPECIFIC REQUESTtS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I . RECQLI. ENDED ACTT©I�7: Approve and authorize the Health Services Director, or his designee (Milt Camhi) , to execute on behalf of the County, Contract #27-400 with Rick Harris, D. C. (dba Deer Valley Chiropractic) , for the period from July 1, 1998 through June 30, 1999, for the provision of chiropractic services for Contra Costa Health Plan members, to be paid as follows: 20 per member, per visit II . FINANCIAL IMPACT: This Contract is funded by Contra Costa. Health Plan member premiums. Costs depend upon utilization. As appropriate, patients and/or third party payors will be billed for services. III . REASONS FOR RECQMMENDAT10XS/B,ACKGR0TjND: The Health Plan has an obligation to provide certain specialized professional health care services for its members under the terms< of their Individual and Group Health Plan membership contracts with the County. Under Contract #27-400 the Contractor will provide chiropractic services to Health Plan members through June 30, 1999 . 3 f CONTINUED ON A CF E T: SIONATURE k, r r > G RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVEOTHER M ATURU$)�&".,kee lr� ACTION OF BOARD ON 198 APPROVED AS RECOMMENDED X- 40M 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 PHIL BA "HELOR,CLERK OFT E BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Milt Camh i (313-6411) CC: Health Services(Contracts) Risk Management Auditor Controller DEPUTY Contractor