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HomeMy WebLinkAboutMINUTES - 10051993 - 1.39 /. 3g TO: BOARD OF SUPERVISORS Contra FROM: John H. deFremery, Agricultural CommissioneX:5 Costa - Director Weights & Measures DATE: r s .'..•'L=y` County September 21, 1993 SUBJECT. State Contract - Fiscal Year 1993-94 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION It is recommended that the Board Chair be authorized to sign Standard Agreement #93-0198 . BACKGROUND John H. deFremery, Agricultural Commissioner - Director Weights and . Measures, states that the California Department of Food and Agriculture proposes to reimburse the County $3,440 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): OCT ACTION OF BOARD ON APPROVED AS RECOMMENDED L� OTHER VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT fir ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORSON THE DATE SHOWN. Cc: Agriculture Department ATTESTED OCT 1 5 1993 Auditor-Controller PHIL BATCHELOR,CLERK OF THE BOARD OF Justice System Programs Contractor SUPERVISORS AND COUNTY ADMINISTRATOR Contact: Jack deFremery 646-5250 M382 (10/88) BY DEPUTY -ATE Or CALIFORNIA APPROVED BY THE r 1 STANDARD AGREEMENT ATTORNEY GENERAL 1 • 3® ; CONTRACT NUMBER AMNO. _TD.2;REv.5-Bt) 93-0198 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION N_a' THIS AGREEMENT,made and entered into tris 15th day of JUNE 19 93 ) 94-6000509 in the State of California,by and between Stare of California,through its duly elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY DIRECTOR I DEPARTisENT OF PESTICIDE REGULATION hereaftercallcd the State, and CONTRACTOR'S NAME .;OUNTY OF CONTRA COSTA hereafter called the Contractor. NNITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expresse:: docs hereby agree to famish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contract.:. time for performance or completion,and attach plans and specifications,if any.) Contractor to provide all equipment, materials, and personnel necessary to obtain and deliver the number and type, of samples designated and in accordance with the obligations and specifications contained in the attached "Contract Specifications for Pesticide Residue Sampling", identified as Exhibit "A"; "Sample Delivery Schedule" , identified as Exhibit "B "Primary Sample Schedule" , identified as Exhibit "C"; and "Alternate Monthly Sample Schedule" identified as Exhibit "D"; and by this reference made a part hereof. Contractor shall direct alliinquiries and notices with respect to this agreement to the State Coordinator for County Residue Sampling Contracts , Room A-170, 1220 N Street , Sacramento, California 95814. The effective period of this agreement shall be July 1, 1993 through June 30, 1994. This agreement must be signed and returned within 45 days after receipt by Contractor. The total amount payable under this agreement shall not exceed the amount specified in the attached "Budget Sheet" identified as Exhibit "E" and by this reference is made a .part hereof. (Continued) CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written. STATE OF CALIFORNIA CONTRACTOR . AGENCY CONTRACTOR Ill other than an individual,state whether a cowration,partnership,etc.) ' DEPARTMENT OF PESTICIDE REGULATION COUNTY OF CONTRA COSTA BY(AUTHORIZED SIGNATURE) BY(AUTHORIZEDDSJ6MRTORE) / PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING JA14ES W. ]•!ELLS j. Chair,Board of Supervisors TDIn+?OrldxSOti TITLE ADDRESS DIREC"iOR AMOUNT ENCUIdnEPED BY THIS PROGRAU.C:.'_GORY(CODE AND TITLE) i FUND TITLE DOCUMENT G/F Department of Genera!Services 17. 20. 03 Pesticide ResidueGENERAL Use Only 3,440.00 (OPTIONA_Us_i PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT ITEM CHAPTER I STATUTE i FISCAL YEAR TOTALAIIOUNTENCUTABEREDTO 393u-1 01-001 55 '93 93/94 CSN. SERV. DEPT.APPROVAL DATE OBJECT 0=EX=ENDITURE(CODE AND TITLE) NOT REQUIRED PER S 3,440.00 569007 SAM 1215 I hereby cenity upon my own personal knowieq;elthat budgeted funds ! T.B.A.NO. B.R.NO. are available for the period and purpose of the exclenditure slated above. i I SCNATUnE OF ACCOUNTING OFFICER I DATE J i7 CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. CONTROLLER t r CZ STANDARD AGREEMENT 1. The Contractor agrees to indemnify,defend and save harm less the State,iLs officers.a_ents:ind employes from any, and all clain►s and losses accruing or resulting to any and all com,,actors. Nuiwontraclors. materialrnen.laborers and any other person.lirm or corporation furnishing or Supnlvin,!-work seri-ices. materials or supplies in connection%%i:h the performance of this contract,and from any a;t-1 aII cl:.ims and losses accruing or resulting to any person, firm or corporation who may be injured or clatr►atted by the Contractor in the performance of this contract. _'. The Contractor,and the agents and employees oi f Contractor.in the performance of the 2rectrient,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 ofany consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the n►;Inner 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 C:ontrat torr under this agreement,and the balance, if any,shall be paid the Contractor upon dentand. 4. Without the written consent of the State, this agreetnent is not assignable.by Contractor either in whole or in part. 5. Time is of the essence in this agreement. 0. No alteration or variation orate terms ol'thi;contract shall be valid unless made in writin!and signed by the parties hereto,and no oral understandin-, (Ir a!_reentent not incorporated her::in shall he binding on any of the parties hereto. 7. The consideration to he paid Contractor, as proi!ided herein, sl►all be in compcns;!tion for all of Contractor's expenses incurred in the performance hereof, including travel and nrr diem, unless otherwise expressly so provided. The Contractor shall be reimbursed by submitting an itemized invoice on county letterhead, in triplicate, quarterly, in arrears, and identified with the contract number to: Department of Pesticide Regulation, Coordinator, Pesticide Residue, 1220 N Street, Room A-170, Sacramento, California, 95814. Invoices must be submitted with signature and title of the person authorized to sign for the county. Invoices must identify: period covered, field sample numbers, total samples by type, price per sample, and total price for billing period. —2- 91 61014 Contract No. 93-0198 Page Three RESOLUTIONS :, copy of a resolution, order, motion, or ordinance of the local governing U '-ody 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). DISPUTES Any dispute concerning a question of fact arising under the terms of this agreement .which is not disposed of within a reasonable period of time (ten days) by the Contractor and State employees normally responsible for the administration of this Contract shall be brought to the attention of the Chief Executive Officer (or designated representative)- of- each organization for joint resolution. SUBCONTRACTING Contractor shall not subcontract any services under this contract without prior approval of the State's representative. . AMENDMENT/CANCELLATION This agreement may be amended upon written mutual consent, or cancelled by either party upon thirty, (30) days written notice unless otherwise stated (State Administrative Manual Section 1247). BUDGET ACT It is mutually agreed that 'if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient 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. AUDIT It is hereby mutually agreed that the Contractor shall be subject to the examination and audit of the Auditor General for a period of three years after final payment under this agreement (Government Code Section 10532). The. examination and audit shall be confined to those matters connected with the performance of this contract including but not limited to the cost of administering the contract. APPROVAL This contract .shall not be considered effective 'until signed by both parties and approved by the Department of General Services if required (State Admin- istrative Manual Sections 1215 and 1216). 88-04-P.E. Rev. 12/89 Contract No. 93-0198 Page Four 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 =or .payment of invoices. NONDISCRIMINATION AGREEMENT During the performance of this contract, the recipient, contractor and 'its sub- contractors shall not deny the contract 's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or appli- cant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq. ) , the regulations promulgated there- under (California Code of Regulations , Title 2, Section 7/285.0 et seq. ) , the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Govern- ment Code (Government Code, Sections 11135-11139.5) and the regulations or standards adopted by the awarding State agency to implement such article. Recipient-,-, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. _ The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. 88-04-P.E. Rev. 12/89 ( 1) Agreement No. 93-0198 Exhibit A Page 1 EXHIBIT A. CONTRACT SPECIFICATIONS FOR PESTICIDE RESIDUE SAMPLING ARTICLE I. SAMPLES "Sampling" includes not only obtaining the sample in accordance with this protocol, but also packing, storing, and transporting the sample in accordance with this protocol, within the time frames specified in Article II, Exhibit B, Exhibit C, and Exhibit D. Priority Samples This pesticide-based program allows the Department: (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 data base for Department scientists to use in determining that specific pestic .des of concern incl -ding any that are on the multi-residue screen, are safe to uee 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 staled by the registrant; and (3) if pesticides, which may have adverse health efects, are present in California produce. Samples are taken of commodities known to have been treated with a specific pesticide. They shall be collected at the time of harvest; directly from the field, or post-harvest at a packing shed where the field identity has been maintained. The "time of harvest" generally refers to the maturity of the crop when the edible portion is mechanically or physically removed from the plant or soil. Certain commodities, such as grains or dried beans, may be sampled prior to actual harvest if the commodity is mature and ready for harvest. Approval for collection of such commodities prior to harvest must be obtained from the appropriate district office. The field and grower must be identified, and the commodity shall not be co-mingled. The pesticide applied, and the rate and date of application shall be documented in the "Remarks" section of the sample data sheet. A Pesticide Use Report attached to the sample in lieu of the written information on the data sheet will not be accepted. Samples collected at packing sheds of post-harvest applications may be co- mingled 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. Agreement No. 93-0198 Exhibit A Page 2 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. 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 Exhibit C and Exhibit 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 Branch representative in the appropriate district 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 contract 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. Sample Delivery Schedule - 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 contract 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 repre- sentation of the commodity in the field. Samples shall be taken from five sites (five-point sample) of the field, approximately 25-100 feet in from the border. 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 or site. Agreement No. 93-0198 Exhibit A Page 3 Guidelines for Sampling Commodities in Containers Lot Size Sample Size (subsamples) (Total number of containers identifiable (Number of containers from which as belonging to one grower) samples are to be taken) I 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 nimum of one-pound of commodity is sufficient per sample, per specific analysis, or screen requested. Notification and Duplicate Samples I,f 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 Sample Sheet. .Equipment The following equi.pment should be carried or available when collecting samples: Rubber gloves Knife/shears Felt tip marker with indelible ink Small and large paper bags/cardboard boxes Plastic bags/trash can liners Zip lock storage -bags Styrofoam ice chest Ice/blue ice Wide package sealing tape Sample data sheet 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 your sample number (not to exceed eight characters) on the outside of the paper bag containing the sample. Complete the Produce Residue Sample Sheet, seal it in a zip lock bag, and attach it to the bag containing the sample. Place the paper bag inside a large plastic bag or trash can liner to keep sample from Agreement No. 93-0198 Exhibit A Page 4 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 and then seal the lid of the ice chest with wide package sealing tape. 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 refriger- ated. Decomposed or badly dehydrated samples will be rejected. 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 com- missioner personnel on sampling procedures and completing Produce Sample Analysis Form (PR-ENF-002). Training is required and shall be provided to county personnel by each district office. B. Provide county agricultural commissioners, by phone, with the results of analyses for all contract samples found with illegal residues, or 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 the contract. D. Ensure that samples meet the contracted requirements and reject inap- propriate samples. The county agricultural commissioner shall: A. Obtain the minimum number of samples as specified in Exhibit C unless otherwise approved by the State Coordinator. B. Ensure that all samples are identified 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 Department of Pesticide Regulation for residue sampling. D. Ensure that all sampling procedures follow those outlined in- Article II, "Sampling Protocol". Agreement No. 93-0198 Exhibit A Page 5 E. Allow the State to perform quality control of the county sampling program. F. Allow the State to accompany samplers. This may constitute field training for county personnel as well as a quality control check. G. 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 sample data sheets (original and copy) for each sample. H. Contact the State Coordinator prior to taking any samples not already specified in the contract. I. Contact the District Supervising Pesticide Use Specialist prior to taking any samples which will not meet the delivery day and numbers specified in Exhibits B, C and/or D. J. Be responsible for maintain.ir_g the "chain of custody" since contract samples are "official" samples. Contra Costa County A¢reement No. 93-0198 Exhibit B EXHIBIT B - SAMPLE DELIVERY SCHEDULE *DELIVERY DAY - THURSDAY *Samples may be delivered the afternoon prior to your scheduled delivery day. However, samples are to be delivered to a pesticide use enforcement representative in the district office no later than 8 a.m. of the scheduled delivery day. 1993/94 MONTHLY SAMPLE SCHEDULE' AGREEMENT #93-0198 CONTRA COSTA COUNTY EXHIBIT C IJUL AUG ISEP IOCT INOV DEC JJAN IFEB (MAR JAPR IMAY IJUN ITOTAL PRIORITY PESTICIDES 2,4-D/WHEAT 2 2 AZINPHOS-METHYL/APPLES 2 3 2 F7 AZINPHOS-METHYL/PEARS 1 2 3 CHLOROTHALONIL/APRICOTS 1 1 CHLOROTHAIANIL/TOMATOES 2 1 3 DIMETHOATE/TOMATOES 2 2 4 DIURON/ASPARAGUS 1 1 1 ' 3 METHAMIDOPHOS/TOMATOES 1 1 2 METHOMYL/BEANS 1 1 1 3 METHOMYL/CORN, SWEET 2 3 1 2 8 MEVINPHOS/MELONS 1 1 2 MEVINPHOS/PEPPERS, BELL. 1 1 1 3 OXAMYL/SQUASH, 2 2 TOTAL PRIORITY PESTICIDES 11 14 8 2 1 1 1 5 43 1993/94 ALTERNATE MONTHLY SAMPLE SCHEDULE AGREEMENT #93-0198. CONTRA COSTA COUNTY EXHIBIT D JJUL JAUG ISEP JOCT INOV ID11C JJAN JIM 1111,11 JAPR IMAM IJI'll I T0711L PRIORITY PESTICIDES ENDOSULFAN/TOMATOES OXAMYL/TOMATOES PARAQUAT/PEACHES TOTAL PRIORITY PESTICIDES Contra Costa County Agreement No. 93-0198 Exhibit E BUDGET SHEET Pesticide Residue Sampling Expense Number of Type of Cost Per Samples Samples Sample Total 43 Priority Samples @ $80.00 = $3,440 Total 93/94 Contract $3,440 1. 3 5 DEPARTMENT OF AGRICULTURE Contra Costa County Date: September 21, 1993 To: Phil Batchelor, County Administrator Attn: Lisa Driscoll From: John H. deFremery, Agricultural Commissioner - Director Weights & Measures Subject: State - County Contract FY 1993-94 The purpose of this memo is to request that your Board authorize the Department to enter into a Standard Agreement (Pesticide Residue Sampling) with the California Department of Food and Agriculture. This is an amended Agreement to the one that was passed by the Board on August 3, 1993 . The Agreement will allow the California Department of Food and Agriculture to reimburse the County $3,440 for specific work activities that relate to the Department' s Pesticide Regulatory Program. Recommendation It is recommended that the Board approve the aforesaid Agreement. Please have your Board Chairman sign all six copies and return them to our office for further processing. JdF:sf Residue.mem CONTRA COSTA COUNTY RECEIVED SP 2 2 K OFFICE OF COUNTY ADMINISTRATOR