HomeMy WebLinkAboutMINUTES - 06201995 - 1.47 _ P-7
TO: BOARD OF SUPERVISORS Contra
FROM: John H. deFremery, Agricultural Commissioner/- Costa
Director Weights & Measures �'' s
9 .. 4oQ County
DATE: June 7, 1995
SUBJECT: State Contract - Fiscal Year 1995-96
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
It is recommended that the Board Chair be authorized to sign seven
copies of Standard Agreement #95-0128 .
BACKGROUND
John H. deFremery, Agricultural Commissioner - Director of Weights
and Measures, states that the California Department of Pesticide
Regulation 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):
ACTION OF BOARD ON 'go 19 9.5 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
ZUNANIMOUS(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.
CC: CAO ATTESTED U.-P
Auditor PHIL BA HELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: E. Meyer 6-5250
M382 (10/88) BY DEPUTY
STATE OF CM.IFORNIA _
APPROVED BY THE CONTRACT NUMBER AM.NO.
STANDARD AGREEMENT — ATTORNEY GENERAL 95-0128
STD.2(REV.591)(DPR Electronic)
TAXPAYER'S FEDERAL EMPLOYER
IDENTIFICATION NUMBER
THIS AGREEMENT,made and entered into this 18th day of May 19 95 94-6000509
in the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
CHIEF DEPUTY DIRECTOR DEPARTMENT OF PESTICIDE REGULATION hereafter called the State, and
CONTRACTOR'S NAME
CONTRA COSTA COUNTY hereafter called the Contractor
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions agreements, and stipulations of the State
hereinafter expressed, does hereby agree to furnish to the State services and materials as follows:
(Set forth service to be rendered by Contractor,amount to be paid Contractor, time for performance or completion, and attach plans and specifications,if any.)
Contractor to provide all equipment, materials, and personnel necessary to obtain and
deliver the number and type of samples designated and in accordance with the obligations and
specifications contained in the attached "Agreement Specifications for Priority Pesticide
Sampling", identified as Exhibit A; "Sample Delivery Schedule", identified as Exhibit B;
"Monthly Sample Schedule", identified as Exhibit C; and "Alternate Monthly Sample Schedule",
identified as Exhibit D; and by these references made a part hereof.
Contractor shall direct all inquiries and notices with respect to this agreement to the
State Coordinator for County Residue Sampling Contracts, 1020 N Street, Room 300,
Sacramento, California 95814-5624.
The effective period of this agreement shall be July 1, 1995 through June 30, 1996. This
agreement must be signed and returned within 45 days after receipt by Contractor.
The total amount payable under this agreement shall not exceed the amount specified in the
attached Budget Sheet, identified as Exhibit E and by this reference made a part hereof.
The Contractor shall be reimbursed by submitting an itemized invoice on county letterhead,
in triplicate, quarterly, in arrears, and identified with the contract number to: Department
of Pesticide Regulation, Coordinator, Pesticide Residue, 1020 N Street, Room 300,
Sacramento, California 95814-5624. Invoices must be submitted with signature and title of
the person authorized to sign for the county. Invoices must identify, total samples by type
and month, price per sample and total price for billing period. Approved by Secretary/CEO
Par mamnrand,im dated
The provisions on the reverse side hereof constitute a part of this agreement. Oct. 21994
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first a ove written.
STATE OF CALIFORNIA CONTRACTOR
(510) 646-5250
AGENCY CONTRACTOR (If other than an individual,state whether a corporation,partnership,etc.,)
DEPARTMENT OF PESTICIDE REGULATION CONTRA COSTA COUNTY
BY(AUTHORIZED SIGNATURE) BY(AUTHOR ED SIGNATURE)
X X
PRINTED N E OF PERSON SIGNING PRINTED NAM ND TITLE OF PERSON SIENING
JEAN WALKER Chairman, Board of Supervisors
TITLE ADDRESS 2366 A Stanwell Circle
CONTRACTS MANAGER Concord CA 94520
AMOUNT ENCUMBERED BY PROGRAM CATEGORY(CODE AND TITLE) FUND TITLE
THIS DOCUMENT 17230 -/ PR Department of General Services
$ 3, 440.00 Use Only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT GEN.SERV. DEPT.APPROVAL
$ 0.00 ITEM CHAPTER STATUTE FISCAL YEAR
3930-001-106 95 95/96 NOT REQUIRED PER
TOTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE(CODE AND TITLE) SAM 1215
DATE
$ 3, 440.00 569-07
1 hereby certify upon my own personal knowledge that budgeted funds are
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
PXI CONTRACTOR ❑ STATE AGENCY ❑ DEPT.OF GEN.SER. ❑ CONTROLLER ❑
4
STATE!)F CALIF6RNIA
STANDARD AGREEMENT Page Two
STD.2(REV.5-91)(DPR Electronic)
1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents
and employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or
supplying work services, materials or supplies in connection with the performance of this
contract, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by the Contractor in the performance of this
contract.
2. The Contractor, and the agents and employees of Contractor, in the performance of the
agreement, shall act in an independent capacity and not as officers or employees or agents of State
of California. _
3. The State may terminate this agreement and be relieved of the payment of any consideration to
Contractor should Contractor fail to perform the covenants herein contained at the time and in the
manner herein provided. In the event of such termination the State may proceed with the work in
any manner deemed proper by the State. The cost to the State shall be deducted from any sum due
the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon
demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor either
in whole or in part.
5. Time is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall
be binding on any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expense incurred in the performance hereof, including travel and per diem, unless
otherwise expressly so provided.
Agreement No. 95-0128
Page Three
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).
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
representatives.
AMENDMENT/CANCELLATION
This agreement may be amended upon written mutual consent, or canceled 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 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
8546.71The 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 Administrative Manual Sections 1215 and 1216).
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-P.E,. (Rev. 7/93)
(1)
AgreementNo. 95--01288
. .
Page Four
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NONDISCRIMINATION CLAUSE (OCP-11
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During the performance of this contract,contractor and its subcontractors shall not unlawfully discriminate'
harass orallow harassment, against any employee orapplicant for employment because cdsex, race,color,
3nugo\q( religious creed, national origin,physical disability (including HIV and A|OG). mental disability,
medical condition (cancer), age (over 40), marital status, and denial of family care leave. Contractors 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 uubnurdranhurs Sh8U
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 Regulations, Title 2,
Section 7285.0 etseq.). 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 iVfull. 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
subcontractors ioperform work under the contract.
`
' .
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88-04PE, (REV.703
(1)
Agreement No'. 95-0128
DRUG FREE WORKPLACE CERTIFICATION Page Five
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 specify-
ing actions to be taken against employees for violations,
as required by Government Code Section 8355 (a) .
2) Establish a Drug-Free Awareness Program as required by
Government Code Section 8355 (b) 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, as required by Government Code Section 8355 (c) ,
that every employee who works on the proposed contract :
a) will receive a copy of the company' s drug-free policy
statement ; and,
,b) will 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 . "
AMERICANS WITH DISABILITIES ACT
By signing this contract, Contractor assures the state that it complies with the Americans with
Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the
basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
Contra Costa County Agreement No. 95-0128
Exhibit A
Page 1
- EXHIBIT A. AGREEMENT SPECIFICATIONS FOR
PRIORITY PESTICIDE SAMPLING
ARTICLE I. SAMPLES
"Sampling" includes not only obtaining the sample in accordance
with this protocol , but also packing, storing, and, transporting the
sample in accordance with this protocol, within the time frames
specified in Article II, Exhibits B, C, and D.
Priority Samples
This pesticide-based program allows the Department of Pesticide
Regulation (DPR) : (1) To monitor certain pesticides which cannot
be detected by current multi-residue screening techniques ; and (2)
to gather needed data on high priority pesticides with possible
adverse health effects . This program also helps to establish a
data base for Department scientists to use in determining that
specific pesticides of concern, including any that are on the
multi-residue screen, are safe to use in California.
This program, using specific pesticide/commodity combinations,
provides a means to determine : (1) Whether the residues from
nonscreenable pesticides are within allowable tolerance; (2) if the
pesticides behave, under California climatic conditions, in the
same manner stated by the registrant;, and (3) if pesticides, which
may have adverse health effects, are present in California produce .
Samples are taken of raw commodities known to have been treated
with a specific pesticide . They shall be collected at the "time of
harvest" as the edible portion is removed from the plant or soil ;
directly from the field, or post-harvest at a packing shed where
the field identity has been maintained.
If known, the commodity destination (i .e . , processed or fresh)
should be indicated on the sample data sheet . If requested,
arrangements should be made with the processor for collection of
split samples . Identification, of processor should be indicated on
the sample data sheet .
The field and grower must be identified, and the commodity shall
not be commingled. The pesticide applied, and the rate and date of
application shall be documented in the "Remarks section of the
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.
Contra Costa County Agreement No. 95-0128
Exhibit A
Page 2
Samples collected at packing sheds of post-harvest applications may
be commingled with commodities from other fields and/or growers ;
however, they must be identified by lot and packer, in this case,
the field and grower need not be identified on the sample data
sheet . Post-harvest sampling does not include commodities in cold
storage .
Submit only that portion of the commodity that will be offered for
sale . Nut husks, leaves, stems, etc . , should be removed from the
sample before submission. Questions concerning sample contents
should be directed to the appropriate district office .
Priority pesticide samples are gathered proportionately from
various counties based on use data contained in the Pesticide Use
Report, the Food Safety Prioritization List, and Chemistry
Laboratory Services ' Multi-Residue Screens List .
Pesticide/commodity group combinations will remain the same
throughout the contract year unless use of the pesticide is
cancelled or data is needed on a different pesticide/commodity
combination.
Pesticide/commodity combinations will be designated by two monthly
sampling schedules identified as Exhibits C and D. The Primary
Monthly Sampling Schedule, Exhibit C, will indicate the
pesticide/commodity combination that will be sampled and delivered
in accordance with this protocol . The Alternate Monthly Sampling
Schedule, Exhibit D. will indicate the pesticide/commodity
combination that may be substituted in the event the primary
pesticide/commodity combination is unavailable for sampling. All
substitutions shall be reported to a Pesticide Enforcement 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 Agreement
shall be trained in the sampling protocol . Training shall be
provided by the appropriate district office and conducted on an as
needed basis . Any samples collected by untrained staff shall be
rejected.
Contra Costa County Agreement No. 95-0128
Exhibit A
Page 3
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 sample numbers by the number of delivery days in
the month. This is the maximum number to be delivered on your
delivery day unless authorized by the Supervising Pesticide Use
Specialist at the appropriate district office, prior to sample
collection and delivery.
Guidelines for Field Sampling
Samples are collected to obtain a representation of the commodity
in the field. Samples shall be taken from five sites (five-point
sample) of the field, 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 .
Guidelines for Samiling Commodities in Containers
Lot Size Sample Size
(Total number of containers (subsamples)
identifiable as belonging (Number of containers from
to one grower) which samples are to be taken)
1 to 5 All
6 to 110 5
111 to 300 10
301 to 500 15
501 to 800 20
801 and over 25
As a general rule, a minimum of one-pound of commodity is
sufficient per sample, per specific analysis, or screen requested.
Notification and Duplicate Samples
If the owner of the commodity, the packer, or their representative
is available at the time of sampling, they should be notified that
the particular field, load, or lot is being sampled. When sampling
is complete, they should be provided with a copy of the Produce
Residue Sample Sheet .
Contra Costa County Agreement No. 95-0128
Exhibit A
Page 4
Equipment
The following equipment should be carried or available when
collecting samples :
Rubber gloves
Knife/shears
Felt tip marker with indelible ink
Small and large paper bags/cardboard boxes
Plastic bags/trash can liners
Zip lock storage bags
Styrofoam ice chest
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 the sample number (not to exceed eight characters) on the
outside of the paper bag containing the sample . Complete the
Produce Residue Sample Sheet, seal it in a zip lock bag, and attach
it to the bag containing the sample . Place the paper bag inside a
large plastic bag or trash can liner to keep sample from getting
wet during handling or shipping. Do not put sample 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
refrigerated. Decomposed or badly dehydrated samples will be
rejected.
Contra Costa County Agreement No. 95-0128
Exhibit A
Page 5
ARTICLE III. AGENCY RESPONSIBILITY
The Department of Pesticide Regulation shall through the
appropriate Pesticide Enforcement district office :
A. Provide technical assistance and training to county
agricultural commissioner personnel on sampling procedures
and completing Produce Sample Analysis 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
result-s of analyses for all Agreement samples found with
illegal residues, or for other reasons that may require
immediate notification.
C. Provide county a copy of sample data sheet, with analytical
results, for all samples taken under this Agreement .
D. Ensure that samples meet the Agreement requirements and reject
inappropriate samples .
The county agricultural commissioner shall :
A. Obtain the minimum number of samples as specified in Exhibit C
unless otherwise approved by the DPR State Coordinator.
B . Ensure that all samples are identified with a field sample
number and accompanied by a properly completed data sheet .
Samples with data sheets which are not properly completed will
not be accepted and may require the resampling of that
commodity. The county will not be paid for the first sample
if the commodity is resampled. (Sample identification shall
not exceed eight characters . )
C. Send personnel to training provided by Department of Pesticide
Regulation for Priority Pesticide Sampling.
D. Ensure that all sampling procedures follow those outlined in
Article II , "Sampling Protocol" .
E. Allow DPR to perform quality control of the county sampling
program.
F. Allow DPR to accompany samplers . This may constitute field
training for county personnel as well as a quality control
check.
Contra Costa County Agreement No. 95-0128
Exhibit A
Page 6
G. Arrange for transportation of all samples to the Residue
Chemistry Laboratory in the appropriate district designated,
assuring that the samples arrive on the day designated, in a
manner suitable for analysis, with two sample data sheets
(original and copy) for each sample .
H. Contact the DPR State Coordinator prior to taking any samples
not already specified in this Agreement .
I . Contact the District Supervising Pesticide Use Specialist
prior to taking any samples which will not meet the delivery
day and numbers specified in Exhibits B, C and/or D.
J. Be responsible for maintaining the "chain of custody" since
Agreement samples are "official" samples .
Contra Costa County Agreement No. 95-0128
Exhibit B
Page 7
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.
Contra Costa County Agreement No. 95-0128
Exhibit C
Page 8
EXHIBIT C. 1995/96 MONTHLY SAMPLE SCHEDULE
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL
PRIORITY PESTICIDES
Carbaryl/Apples 1 3 1
Carbaryl/Tomatoes 1 1 1
Chlorothalonil/Tomatoes 1 3 1 5
Diazinon/Apples 1 1 2
Diazinon/Peaches 4 1 1 6
Endosulfan/Tomatoes 1 1 1 3
Me h mi h T m 1 1 2
Methomyl/Tomatoes 2 1 3
Sim zin A r u 2 2
Me hom 1 Be n 1 1 2
Endosulfan B ll Pe r 1 1
Dime hoa B ll Pepipers 1 1 1 3
Oxam l/Amples 2 1 3
Oxamyl/Tomatoes1 1
Chlorothalonil/Onions1 1
Dimethoate/Aipples 1 2
TOTAL PRIORITY PESTICIDES 9 117 12 0 0 0 0 2 0 0 2 4
Contra Costa County Agreement No. 95-0128
Exhibit D
Page 9
EXHIBIT D. 1995/96 ALTERNATE MONTHLY SAMPLE SCHEDULE
JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL
PRIORITY PESTICIDES
Carbaryl/Apples X X X
Chlorothalonil/Tomatoes X X X X
Dim h P r X X X
Diazinon/Peaches X X X
Me hom 1 Bell Peppers X X X
Carbaryl/Beans X X X
TOTAL PRIORITY PE TI IDE
Contra Costa County Agreement No. 95-0128
Exhibit E
Page 10
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 . 00
Total 95/96 Agreement $ 3 , 440 . 00