HomeMy WebLinkAbout25455':OUNTY OF FRESNO
OO!Nl1RACT IEX11IlNCT~
PURCHASING
DATE: 6/30/2011
THIS EXTRACT IS FOR REFERENCE AND INFORMA TlONAL PURPOSES ONL Y. ALL BUSINESS AND MANAGEMENT DECISIONS MUST
• BE GOVERNED BY THE UNDERL YING CONTRACT. ANY QUESTIONS MUST INCLUDE THE CONTRACT NUMBER AND BE ADDRESSEDM'Il1A~r:• TO THE COUNTY'S PURCHASING OFFICE AT 456-7110.
CONTRACT NUMBER: A.11-401
CONTRACT TITLE: Water Analysis· PH Lab
• MAY INCLUDE MULTIPLECONTRACT PERIOD: 7/1/2011 thru 6/30/2014 YEARS
USING AGENCIES: Public Health Lab
TERMS: Net 45 Days
DELIVERY TERMS:
DELIVERY TIME:
K-Je,"o'oe L Ge.", ;IfBUYER:
CONTRACT VALUE: $37,608.00 A~nual Maximum
LOCATION:
VENDOR NUMBER: 0000005880
NAME I ADDRESS: BSK Associates dba BSK Analytical
1414 Stanislaus Street
Fresno, CA 93721
REPRESENTATIVE: Jeff Koelewyn
TELEPHONE: (559) 497-2888
FAX: (559) 485-6935
E·MAIL:
BOARD/GROUP/STATE CONTRACT NO:
REQUISITION NO'S:
5621100339
o Cancellation o Short Term oEvergreen oKill
Reference:
Tic Date: [Y
Code:
REPORTS:
[KjNew o Renewal o Adjustment
DAddOn
490-4887
]10/1J2013
490
None
Org: 56201620
SUDersedes P-08-116-H A-08-509 A-08-502
COMMODITIES, SERVICES OR MAINTENANCE COVERED UNDER THIS ACTION:
For the prOVision of lab analysis on water samples per the Agreement.
SPECIAL CONDITIONS FOR USE:
* AUTOMATIC RENEWAL: In the absence of notification from vendor to Purchasing, or instructions from County department to Purchasing, this Agreement
will automatically renew for one year on july 1, 2012 and July 1, 2013.
DISTRIBUTION REQUESTED/BY/DATE ADDITIONAL DISTRIBUTION
CONTRACT FILE: b2J RFP 490-4887 ~
BUYER: b2J
VENDOR: o
AUDITOR: o
DEPARTMENT: o
REQUISITIONER: o
saw A-11-401 AccessReport Extract Page 1 of 1
AGT. # 11-401
1 AGREEMENT
2 THIS AGREEMENT is made and entered into this 1fV\ day of_-->"J1U'\e..; ,2011,
3 by and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
4 hereinafter referred to as "COUNTY", and BSK ASSOCIATES, a California Corporation, whose
5 address is 1414 Stanislaus Street, Fresno, California, 93720, hereinafter referred to as
6 "CONTRACTOR".
7 WITNESSETH:
8 WHEREAS, COUNTY, through its Department of Public Health, Public Health Laboratory, is
9 in need of laboratory analyses of water samples that the Public Health Laboratory is not certified to
10 perform; and
11 WHEREAS, CONTRACTOR has the necessary trained staff and meets the California State
12 certification requirements to perform laboratory analyses and to issue the results in the form of written
13 and/or electronic reports.
14 NOW, THEREFORE, in consideration of their mutual covenants and conditions, the parties
15 hereto agree as follows:
16 1. CONTRACTOR'S RESPONSIBILITIES
17 CONTRACTOR shall perform laboratory analyses on water samples collected by the
18 COUNTY at the rates listed on the "Quotation Schedule", attached hereto as Exhibit A and by this
19 reference incorporated herein. The attached list is not all-inclusive. Analyses that are not listed on
20 Exhibit A may also be requested as regulations are revised. Actual annual analyses counts may be
21 higher or lower depending on rule/regulation revisions and COUNTY's client requests.
22 All laboratory analyses shall be performed in accordance with the most recent version of
23 the Environmental Protection Agency (EPA) methods or equivalent Standard Method (SM) indicated
24 in the "Method" column in Exhibit A. Analysis must be done within the holding times for the specific
25 analyte according to the Environmental Laboratory Accreditation Program (ELAP) regulations.
26 CONTRACTOR shall provide appropriate sample kits for water sample collection
2 7 (according to the EPA or ELAP regulatory standards) to the COUNTY's Public Health Laboratory at
28 no charge to the COUNTY, upon request.
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CONTRACTOR shall pick up water sample specimens, upon request and at no charge,
from the COUNTY's Public Health Laboratory located at 1221 Fulton Mall, Lab Receiving Room
#B87, Fresno, CA 93721.
CONTRACTOR must submit hard copies of all test results, due after the completion of
each requested test submission, to the COUNTY'S Public Health Laboratory. Results must be mailed
to: Department of Public Health, Public Health Laboratory 1221 Fulton Mall, Fresno, CA 93721.
Laboratory results for radiological testing shall be returned to the COUNTY's Public Health
Laboratory within fifteen (15) to twenty (20) business days. All other laboratory results shall be
returned to the COUNTY's Public Health Laboratory within six (6) to ten (10) business days.
CONTRACTOR must also submit water system test results to the State via EDT. The chain of
custody for the requested analysis shall comply with the appropriate reporting regulatory agency's
regulations. All test results shall reference the COUNTY'S Public Health Laboratory's sample ID
number, date sampled, date received, sample site, analyte used, method used, unit, and analysis date.
2. TERM
This Agreement shall become effective on the lSI day of July, 2011 and shall terminate
on the 30th day ofJune, 2012.
This Agreement shall automatically be extended for two (2) additional twelve (12)
month periods upon the same terms and conditions herein set forth, unless written notice of
nonrenewal is given by either CONTRACTOR or COUNTY or COUNTY's DPH Director, or
designee, not later than sixty (60) days prior to the close of the current Agreement term.
3. TERMINATION
A. Non-Allocation of Funds -The terms of this Agreement, and the services to be
provided thereunder, are contingent on the approval offunds by the appropriating government agency.
Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
terminated at any time by giving CONTRACTOR thirty (30) days advance written notice.
B. Breach of Contract -COUNTY may immediately suspend or terminate this
Agreement in whole or in part, where in the determination of COUNTY there is:
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1) An illegal or improper use of funds;
2) A failure to comply with any term of this Agreement;
3) A substantially incorrect or incomplete report submitted to COUNTY;
4) Improperly performed service.
In no event shall any payment by COUNTY constitute a waiver by COUNTY of any
breach ofthis Agreement or any default which may then exist on the part of CONTRACTOR. Neither
shall such payment impair or prejudice any remedy available to COUNTY with respect to the breach
or default. COUNTY shall have the right to demand of CONTRACTOR the repayment to COUNTY
of any funds disbursed to CONTRACTOR under this Agreement, which in the judgment of COUNTY
were not expended in accordance with the terms of this Agreement. CONTRACTOR shall promptly
refund any such funds upon demand or, at COUNTY's option, such repayment shall be deducted from
future payments owing to CONTRACTOR under this Agreement.
C. Without Cause -Under circumstances other than those set forth above, this
Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice
of an intention to terminate to CONTRACTOR.
4. COMPENSATION
COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to receive
compensation at the rates in the Quotation Schedule -Exhibit A. In no event shall services performed
under this Agreement be in excess of Thirty Seven Thousand Six Hundred Eight and Noll 00 Dollars
($37,608.00) for each twelve (12) month period of this Agreement. It is understood that all expenses
incidental to CONTRACTOR's performance of services under this Agreement shall be borne by
CONTRACTOR.
Payments by COUNTY shall be in arrears, for services provided during the preceding
month, within forty-five (45) days after receipt and verification of CONTRACTOR's invoices by
COUNTY's Department of Public Health. If CONTRACTOR should fail to comply with any
provision of this Agreement, COUNTY shall be relieved of its obligation for further compensation.
5. INVOICING
CONTRACTOR shall invoice COUNTY monthly, in duplicate, addressed to the County
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1 of Fresno, Department of Public Health, Public Health Laboratory, P.O. Box. 11867, Fresno, CA
2 93775, Attention: Senior Public Health Chemist. Invoices must be mailed to the Department of
3 Public Health, Public Health Laboratory together with the corresponding result(s). Invoices must
4 include the contract number, submission number, test codeldescription, quantity, and unit price.
5 6. INDEPENDENT CONTRACTOR
6 In performance of the work, duties, and obligations assumed by CONTRACTOR under
7 this Agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of
8 CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an
9 independent contractor, and shall act in an independent capacity and not as an officer, agent, servant,
10 employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall have
11 no right to control or supervise or direct the manner or method by which CONTRACTOR shall
12 perform its work and function. However, COUNTY shall retain the right to administer this
13 Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
14 terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable
15 provisions oflaw and the rules and regulations, if any, of governmental authorities having jurisdiction
16 over matters which are directly or indirectly the subject of this Agreement.
17 Because of its status as an independent contractor, CONTRACTOR shall have
18 absolutely no right to employment rights and benefits available to COUNTY employees.
19 CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees
20 all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and
21 save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees,
22 including compliance with Social Security, withholding, and all other regulations governing such
23 matters. It is acknowledged that during the term of this Agreement, CONTRACTOR may be
24 providing services to others unrelated to the COUNTY or to this Agreement.
25 7. MODIFICATION
26 Any matters of this Agreement may be modified from time to time by the written
27 consent of all the parties without, in any way, affecting the remainder.
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1 8. NON-ASSIGNMENT
2 Neither party shall assign, transfer or subcontract this Agreement nor their rights or
3 duties under this Agreement without the prior written consent ofthe other party. This section shall not
4 apply to the analysis for specific methods required to be subcontracted. Such service shall be
5 subcontracted by CONTRACTOR as noted in the CONTRACTOR'S response to the COUNTY'S
6 Request for Quotation #490-4887. Notwithstanding the above, CONTRACTOR shall remain liable
7 for all duties and responsibilities under this Agreement, including the specific subcontracted methods
8 of analysis.
9 9. HOLD-HARMLESS
10 CONTRACTOR agrees to indemnify, save, hold hannless, and at COUNTY's request,
11 defend the COUNTY, its officers, agents and employees from any and all costs and expenses,
12 including attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to
13 COUNTY in connection with the perfonnance, or failure to perfonn, by CONTRACTOR, its officers,
14 agents or employees under this Agreement, and from any and all costs and expenses, including
15 attorney fees and court costs, damages, liabilities, claims and losses occurring or resulting to any
16 person, finn or corporation who may be injured or damaged by the performance, or failure to perfonn,
1 7 of CONTRACTOR, its officers, agents or employees under this Agreement.
18 10. INSURANCE
19 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR
20 or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the
21 following insurance policies throughout the term of this Agreement:
22 A. Commercial General Liability
23 Commercial General Liability Insurance with limits of not less than One Million
24 Dollars ($1,000,000) per occurrence and an annual aggregate of Two Million
Dollars ($2,000,000). This policy shall be issued on a per occurrence basis.
25 COUNTY may require specific coverage including completed operations,
product liability, contractual liability, Explosion, Collapse, and Underground
26 (XCU), fire legal liability or any other liability insurance deemed necessary
27 because of the nature ofthe Agreement.
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B. Automobile Liability
Comprehensive Automobile Liability Insurance with limits for bodily injury of
not less than Two Hundred Fifty Thousand Dollars ($250,000) per person, Five
Hundred Thousand Dollars ($500,000) per accident and for property damages of
not less than Fifty Thousand Dollars ($50,000), or such coverage with a
combined single limit of Five Hundred Thousand Dollars ($500,000). Coverage
should include owned and non-owned vehicles used in connection with this
Agreement.
C. Professional Liability
If CONTRACTOR employs licensed professional staff (e.g. Ph.D., R.N.,
L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with
limits of not less than Two Million Dollars ($2,000,000) per occurrence, Two
Million Dollars ($2,000,000) annual aggregate. Contractor agrees that it shall
maintain, at its sole expense, in full force and effect for a period of three (3)
years following the termination of this Agreement, one or more policies of
professional liability insurance with limits of coverage as specified herein.
D. Worker's Compensation
A policy of Worker's Compensation Insurance as may be required by the
California Labor Code.
CONTRACTOR shall obtain endorsements to the Commercial General Liability
insurance naming the County of Fresno, its officers, agents, and employees, individually and
collectively, as additional insured, but only insofar as the operations under this Agreement are
concerned. Such coverage for additional insured shall apply as primary insurance and any other
insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees shall be
excess only and not contributing with insurance provided under the CONTRACTOR's policies herein.
This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance
written notice given to COUNTY.
Within thirty (30) days from the date CONTRACTOR executes this Agreement,
CONTRACTOR shall provide certificates of insurance and endorsements as stated above for all of the
foregoing policies, as required herein, to the County of Fresno, Department of Public Health, P.O. Box
11867, Fresno, California, 93775, Attention: Contracts Section - 6
th Floor, stating that such insurance
coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and
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1 employees will not be responsible for any premiums on the policies; that such Commercial General
2 Liability insurance names the County of Fresno, its officers, agents and employees, individually and
3 collectively, as additional insured, but only insofar as the operations under this Agreement are
4 concerned; that such coverage for additional insured shall apply as primary insurance and any other
5 insurance, or self-insurance, maintained by the COUNTY, its officers, agents and employees, shall be
6 excess only and not contributing with insurance provided under the CONTRACTOR's policies herein;
7 and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days
8 advance, written notice given to COUNTY.
9 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as
10 herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate
11 this Agreement upon the occurrence of such event.
12 All policies shall be with admitted insurers licensed to do business in the State of
13 California. Insurance purchased shall be from companies possessing a current A.M. Best, Inc. rating
14 of A FSC VII or better.
15 11. CONFIDENTIALITY
16 All services performed by CONTRACTOR under this Agreement shall be in strict
17 conformance with all applicable Federal, State of California andlor local laws and regulations relating
18 to confidentiality.
19 12. NON-DISCRIMINATION
20 During the performance of this Agreement, CONTRACTOR shall not unlawfully
21 discriminate against any employee or applicant for employment, or recipient of services, because of
22 race, religion, color, national origin, ancestry, physical disability, medical condition, sexual
23 orientation, marital status, age or gender, pursuant to all applicable State of California and Federal
24 statutes and regulations.
25 13. RECORDS
26 CONTRACTOR is required to maintain all financial, environmental, and programmatic
27 records in relation to the services provided according to this Agreement. All records must be
28 maintained for a minimum of five (5) years. Upon termination or completion of this Agreement, the
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1 DPH Public Health Laboratory will retain ownership of said records.
2 14. CERTIFICATION
3 CONTRACTOR must be certified as an environmental testing laboratory pursuant to the
4 provisions of the State of California Environmental Laboratory Improvement Act (Health and Safety
5 Code (HSC), Division 101, Part 1, Chapter 4, Section 100825, et seq.). CONTRACTOR must provide
6 to COUNTY a valid State of California, Environmental Laboratory Accreditation Program, Accredited
7 Fields of Testing Certificate.
8 15. AUDITS AND INSPECTIONS
9 CONTRACTOR shall at any time during business hours, and as often as the COUNTY
10 may deem necessary, make available to the COUNTY for examination all of its records and data with
11 respect to the matters covered by this Agreement. CONTRACTOR shall, upon request by the
12 COUNTY, permit the COUNTY to audit and inspect all such records and data necessary to ensure
13 CONTRACTOR's compliance with the terms of this Agreement.
14 If this Agreement exceeds Ten Thousand and No/lOO Dollars ($10,000.00),
15 CONTRACTOR shall be subject to the examination and audit of the State Auditor for a period of
16 three (3) years after final payment under contract (Government Code Section 8546.7).
17 16. DISCLOSURE OF SELF-DEALING TRANSACTIONS
18 This provision is only applicable if the CONTRACTOR is operating as a corporation (a
19 for-profit or non-profit corporation) or if during the term of this agreement, the CONTRACTOR
20 changes its status to operate as a corporation.
21 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing
22 transactions that they are a party to while CONTRACTOR is providing goods or performing services
23 under this agreement. A self-dealing transaction shall mean a transaction to which the
24 CONTRACTOR is a party and in which one or more of its directors has a material financial interest.
25 Members of the Board of Directors shall disclose any self-dealing transactions that they are a party to
26 by completing and signing a Self-Dealing Transaction Disclosure Form (Exhibit B, attached hereto
27 and by this reference incorporated herein) and submitting it to the COUNTY prior to commencing
28 with the self-dealing transaction or immediately thereafter.
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17. NOTICES
The persons and their addresses having authority to give and receive notices under this
Agreement include the following:
COUNTY
Director, County of Fresno
Department of Public Health
P.O. Box 11867
Fresno, CA 93775
CONTRACTOR
JeffKoelewyn, Laboratory Director
BSK Associates,
1414 Stanislaus Street
Fresno, CA 93720
Any and all notices between the COUNTY and the CONTRACTOR provided for or
permitted under this Agreement or by law shall be in writing and shall be deemed duly served when
personally delivered to one of the parties, or in lieu of such personal service, when deposited in the
United States Mail, postage prepaid, addressed to such party.
18. GOVERNING LAW
The parties agree, that for the purposes of venue, performance under this Agreement is
to be in Fresno County, California.
The rights and obligations of the parties and all interpretation and performance of this
Agreement shall be governed in all respects by the laws of the State of California.
19. SEVERABILITY
The provisions of this Agreement are severable. The invalidity or unenforceability of
anyone provision in the Agreement shall not affect the other provisions.
20. ENTIRE AGREEMENT
This Agreement, including all Exhibits, constitutes the entire agreement between the
CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
understanding of any nature whatsoever unless expressly included in this Agreement.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
CONTRACTOR: 4
BSK ASSOCIATES
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By IJJ/LL7
ri'ichae1 Vartanian, Chief Financial Officer
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Date: s-/s-il/
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13 By ~et-:r-= --::.
Brad Meadows, Secretary
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Date: 5 / S" / ( I
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Mailing Address: 24
14 I4 Stanislaus Street
Fresno, California 93720
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Phone #: (559) 497-2888
26 Fax #: (559) 485-6935
Contact: JeffKoelewyn, Laboratory Director 27
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COUNTY OF FRESNO:
By 7t.WJJ2.~
Chairman, Board of Supervisors
Date: (P[1 r I(
BERNICE E. SEIDEL, Clerk
Board of Supervisors
Date: __(P"'--Jtl1~l(L..-__
PLEASE SEE ADDITIONAL
SIGNATURE PAGE ATTACHED
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APPROVED AS TO LEGAL FORM:
KEVIN B. BRIGGS, COUNTY COUNSEL
/ ,.'7.!... /.,,' ~-~. -'J~'1 ?"<.:,.<
By ... /k v t-l.~ l \...·l j, . It. .11 4
o( :. . I~' / r'" co _" }V"
APP'ROVED AS TO ACCOUNTIN~~(
VICKI CROW, C.P.A., AUDITOR-CoNTROLLER!
TREASURER-TAX COLLECTOR
REVIEWED AND RECOMMENDED FOR APPROVAL:
Fund/Subclass: 0001/1 0000
Organization: 56201620
Account #: 7295
RB
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Exhibit A
aSK Analytical Laboratories
Quotation Schedule
Test Parameter Method Estimated
Annual Tests
Unit
Cost
Extended
Price
1,2.3 TCP EPA 524.2 a,c 4 $60 $240
Asbestos EPA 100.2 16 $90 $1,440
Bromate EPA 317/300.1 6 $30 $180
Carbamates/Carbofuran EPA 531 c 4 $70 $280
Chemical OXYQen Demand EPA 410.4/SM5220-D 4 $20 $80
Chlorinated Acid Herbicides EPA 515 c 6 $70 $420
Chlorinated Herbicides EPA 615 4 $75 $300
Chlorite EPA 300.1 6 $20 $120
Chromium Hexavalent EPA 218.6 b 4 $30 $120
Cyanide SM 4500-CN-F 4 $25 $100
Dioxin (2,3,7.8 TCDD) EPA 16138 2 $225 $450
Di (2-ethylhexyl) Adipate EPA 525 c 8 $70 $560
Diquat EPA 549 c 4 $70 $280
Endothall EPA 548 c 4 $70 $280
Glyphosate EPA 547 c 4 $70 $280
Haloacetic Acids (HAAs) EPA 552 c.d 100 $75 $7,500
HydroQen Sulfide EPA 376.2 4 $27 $108
NitroQen Phosphorus Pesticides EPA 507 c 4 $70 $280
Oil & Grease EPA 1664 16 $35 $560
Organophosphorus Pesticides EPA 614 4 $75 $300
Perchlorate EPA 314 60 $30 $1,800
Radium 226 EPA 903.1 d 18 $95 $1,710
Radium 228 EPA 904.0 d 48 $85 $4,080
Specific UV Absorbance SM 5310C, SM 5910 4 $10 $40
Total Organic Carbon SM 5310-C d 200 $25 $5.000
Total Trihalomethanes EPA 551.1 c 120 $35 $4,200
Volatile Organic Compounds EPA 524.2 c 80 $60 $4,800
Volatile Organic, short list· EPA 524.2 c.o 40 $35 $1,400
MTBE 524.2 c 20 $35 $700
TOTAL $37,608
a. The DLR for 1,2 3-TCP is O. 005 IJg/L.
b. Chromium Hexavalent samples are collected in the moming and brought to the Lab before noon on the same day.
The Lab accepts Chromium Hexavalent samples from Monday through Thursday only.
c. The 500 methods series are Title 22 organic compounds.
d. TOC, Radium 226, Radium 228 and Haloacetic Acids (HAAs) samples are delivered to the Laboratory any day of the
week. The sampling schedule depends on the Lab's clients.
e. Short list refers to analytes like PCE, TCE, BTEX or any single analyte of EPA 524.2.
Exhibit B
Name:
Job Title:
Signature: I
Date:
Date:
I
Page 2 of2
CERTIFICATE OF DELIVERY OF DOCUMENT
I am employed by the County of Fresno as a Deputy Clerk of the Board of
Supervisors. On Ju ne 7, 2011 I delivered a copy of Ag reement No. 11-401 (Item
No. 49) to the Chairman of the Fresno County Board of Supervisors.
~%Mc&~
Deputy Clerk