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HomeMy WebLinkAbout15722 ORD - 08/27/1980• TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SERVICES WITH THE TEXAS DEPARTMENT OF WATER RESOURCES FOR THE PERFORMANCE BY THE CORPUS CHRISTI- NUECES COUNTY HEALTH DEPARTMENT OF LABORATORY ANALY- SIS OF WATER QUALITY, FOR A PERIOD OF ONE YEAR, COM- MENCING SEPTEMBER 1, 1980, WITH THE TEXAS DEPARTMENT OF WATER RESOURCES PAYING FOR SUCH SERVICES ACCORDING TO THE SERVICE SCHEDULE ATTACHED TO THE CONTRACT, NOT TO EXCEED $44,000.00; ALL AS SET FORTH MORE SPECIFICALLY IN THE CONTRACT FOR SERVICES, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That the City Manager be and is hereby authorized to execute a contract for services with the Texas Department of Water Resources for the performance by the Corpus Christi-Nueces County Health Department of laboratory analysis of water quality, for a period of one year, commencing September 1, 1980, with the Texas Department of Water Resources paying for such services according to the service schedule attached to the contract, not to exceed $44,000.00, all as set forth more specifically in the Contract for Services, a substantial copy of which is attached hereto as Exhibit "A". SECTION 2. The necessity to authorize execution of the aforesaid contract at the earliest practicable date creates a public emergency and an im- perative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date ofits introduction and take effect and be in full force and effect f m and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the.27day of , 1980. ATTEST: l� Oaee'e/4. C' y Secretary APPROVED: 2./s-/ DAY OF , 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Ass'sta jft' City Attor 15722 THE Y OF CORPUS CHRISTI, TEXAS ialMEU ' pZ 7 Wbsi • STATE OF TEXAS § COUNTY OF TRAVIS § CONTRACT FOR SERVICES I. CONTRACTING PARTIES: The Receiving Agency: The Performing Agency: Texas Department of Water Resources Corpus Christi-Nueces County Health Department II. STATEMENT OF SERVICES TO BE PERFORMED: Preamble The Texas Water Quality Act of 1967 as amended states that "it is . . . the policy of the State of Texas to maintain the quality of the waters in the State consistent with the public health and enjoyment, the propagation and protection of ter- restrial and aquatic life, the operation of existing industries and the economic development of the State . . . and to require the use of all reasonable methods to implement this policy." A. PERFORMANCE OF SERVICES In keeping with the foregoing, the receiving agency employs the performing agency and the performing agency agrees to perform analytical services on the parameters listed in the attached schedule sheet. The Texas Department of Water Resources estimates an average of 100 samples per month will be collected and, delivered to the laboratory for analysis. It is understood that these samples will be properly collected and preserved in accordance with applicable sections of A Practical Guide to Water Quality Studies of Streams, Federal Water Pollution Control Administration publication and Methods for Chemical Analysis for Water and Wastes, EPA manual, as well as the latest edition of Standard Methods for the Examination of Water and Wastewater. A chain of custody procedure shall be maintained in the field and the laboratory in accordance with Attachment B. The Texas Department of Water Resources will furnish chain of custody tags. The Corpus Christi-Nueces County Health Department will perform all analyses according to the approved procedures set forth in Standard Methods for the Examination of Water and Wastewater, current edition or the latest edition of Methods for Chemical Analysis of Water and Wastes, EPA manual. If a standard method is not available, the analytical method used should be an adopted method approved by the Executive Director of the Texas Department of Water Resources. Samples will be analyzed by these methods on a production basis, to include appropriate analytical quality assurance procedures. Records will be kept for documentation of the performing agency's quality assurance program and copies will be available to the receiving agency upon request. Unusual interferences and problems will be reported to the Texas Department of Water Resources. Research into specific techniques to overcome these difficulties will be undertaken when practical and by mutual agreement. The sample infor- mation sheet submitted with each sample will designate the particular analysis or analyses to be made of each sample submitted. The laboratories will be operated in such a manner as to insure the legal sufficiency of the sample handling; analytical and reporting procedures; and to remedy defects in the procedures should such be discovered. The • various laboratory personnel should be directed, as required, to appear and testify in enforcement actions arising from the enforcement of the Texas Water Quality Act. In such event, travel and per diem expense for such employees shall be paid by the receiving agency. Travel and per diem for court appearances hereunder shall be based on current State Laws. A charge may be made by the performing agency for mainte- nance of quality assurance. This charge will be only for quality assurance services required by the Texas Department of Water Resources to be performed over and above the normal quality assurance program which the performing agency presently maintains in its laboratory. B. TERMINATION Either party to this contract may terminate the contract by giving the other party thirty days notice in writing. Upon delivery of such notice by either party to the other and before expiration of the thirty -day period, the performing agency will proceed promptly to cancel all existing order,s contracts, and obligations which are chargeable to this contract. As soon as practicable after notice of termination is given, the performing agency will submit a voucher for work performed under this contract to the date of termination. The receiving agency will then pay the performing agency for the work performed less all prior payments. Copies of all completed or partially completed reports, documents, and studies prepared under this contract will be delivered by the performing agency to the receiving agency when and if this contract is terminated prior to the completion of the prescribed work. C. AMENDING THE CONTRACT The parties hereto without invalidating this contract may alter or amend this contract upon advance written agreement of both parties to exclude work being performed or to include additional work to be performed and to adjust the consideration to be paid hereunder by virtue of alterations or amendments. III. BASIS FOR CALCULATING REIMBURSABLE COSTS: The financial basis for calculating reimbursable costs shall be as outlined in the attached schedule sheet. The expenditures by the Corpus Christi-Nueces County Health Department of funds paid to it under this contract shall be subject to such State or Federal audit procedures as may be required by law and by accepted practices of the State or Federal auditor. All records shall be made available to either the State or Federal auditor, or both, if requested. The Corpus Christi-Nueces County Health Department shall be responsible for maintaining books of account that clearly, accurately, and currently reflect financial transactions involving State funds, and also transactions financed with matching funds from other sources. The financial records must include substantiate costs. The Corpus Christi-Nueces County Health Department must keep the records readily available for examination by duly authorized representatives of the Department, State Auditor's Office, or the Federal Government for a period of three (3) years after the close of the last expenditure. Reimbursement for the above analytical costs and cost for any travel and per diem expenses shall not exceed $44,000 for the period of this contract. p • • The cost of transportation of samples and the return of special shipping cases and containers to the person submitting the samples will be paid directly by the Texas Department of Water Resources. IV. CONTRACT AMOUNT: The total amount of this Contract shall not exceed: Forty- four thousand dollars ($44,000). V. PAYMENT FOR SERVICES: The performing agency shall bill the receiving agency monthly for analytical services performed. Charges for these services shall be based on the attached cost schedule. Payments for service performed shall be billed monthly according to the attached schedule. VI. TERM OF CONTRACT: This Contract is to begin September 1, 1980 and shall terminate August 31, 1981 (Term of Contract cannot transcend the biennium). RECEIVING AGENCY: Texas Department of Water Resources PERFORMING AGENCY: Corpus Christi-Nueces County Health Department BY: BY: (Authorize -d Signature) (Authorized Signature) R. Marvin Townsend City Manager, City of Corpus Christi Harvey Davis, Executive Director (Title) Date: (14.47,A4.2; / ! Date: ATTEST: Bill G. Read, City Secretary APPROVED: J. BRUCE AYCOCK, CITY ATTORNEY By . Assi,� aft ity Attorne ATTACHMENT A `CORPUS CHRISTI-NUECES COUNTY HEALTH DEPARTMENT LABORATORY SERVICES SCHEDULE September 1, 1980 - August 31, 1981 ANALYSES Acidity Aerobic Plate Count Alkalinity (Total) Ammonia Antimony Arsenic (Sediment) (Water) Barium Bicarbonate BOD 5 -Day BOD 7 -Day Boron Cadmium (Sediment) (Water) Calcium Carbon (Total) Carbon (Total Organic) Carbonate COD (Sediment) (Water) Chloride Chlorophyll A Chlorophyll A & Pheo. Chromium (Hexavalent) Chromium (Total -Sediment) (Total -Water) Coliform (Total) (Fecal) Conductance, Specific Copper (Sediment) (Water) Fluoride, Electrode Hardness Iron Lead (Sediment) (Water) Magnesium (Sediment) (Water) Manganese (Sediment) (Water) Mercury (Sediment) (Water) Molybdenum Nickel (Sediment) (Water) RATE $ 1.50 4.50 1.50 5.00 20.00 16.00 12.00 8.50 1.50 8.00 44.00 6.75 12.50 6.00 1.75 3.20 9.25 1.50 16.00 11.00 1.50 6.50 13.00 2.50 13.00 3.75 2.90 2.90 2.50 12.00 6.50 5.00 1.50 5.00 15.00 11.50 7.50 2.50 10.00 3.75 17.50 11.00 11.00 12.50 5.50 ANALYSES Nitrate Nitrite Nitrogen (Kjeldahl) Oil and Grease (Sediment) Oil and Grease (Water) Oxygen (Dissolved) pH Phenol Phen. Alkalinity Phosphate, Ortho Phosphate (Total Phosphate (Total Potassium Residue (Total) Selenium (Sediment) (Water) Silver (Sediment) (Water) RATE $ 2.70 2.70 16.00 16.00 5.50 1.90 .75 21.00 .75 4.50 Sediment) 10.00 Water) 5.25 2.25 2.00 31.50 18.50 12.00 6.50 3.00 2.00 9.50 1.30 2.70 10.00 2.70 5.50 9.25 2.70 4.50 16.50 13.50 6.50 Sodium Solids (Tot. Calc.) Solids (Tot. Determined) Solids (Settleable) Solids (Total Suspended) Solids (Volatile Sediment) Solids (Volatile Water) Streptococcus Strontium Sulfate Uranium Vanadium Zinc (Sediment) (Water) Insecticides (Sediment) Insecticides (Water) Herbicides (Sediment) Herbicides (Water) Chlorinated Phenols (Sed.) Chlorinated Phenols (Water) PCB (Sediment) PCB (Water) 70.00 65.00 70.00 65.00 65.00 50.00 82.00 70.00 OTHER TESTS MAY BE MADE AVAILABLE UPON JUSTIFIABLE DEMAND., . . ATTACHMENT B Chain of Custody Procedures Sample Collection 1. The the maximum extent achievable, as few people as possible should handle a sample. 2. Stream and effluent samples should be obtained using standard field sampling techniques and preservation procedures. 3. Chain of Custody tags (Exhibit 1) should be attached to each sample at the time it is collected. There are three (3) types of tags which are distinguished by the type sample collected and the standard analyses requested. The three (3) types are municipal, industrial, and heavy metals. Each set is numbered serially with two (2) letters and four (4) numbers. The letters are "MU" for municipal samples, "IN" for industrial samples and "HM" for heavy metal samples. Each tag is made up of three (3) basic parts. Part A contains identification information such as District, County, Basin, Discharger Name, Plant Name, Permit Number, and Page Number. Additionally, collection information, observations, chlorine contact time and shipping information is included here. The spaces inside the heavy black line are for the results of field analyses and some extra spaces have been provided for additional parameters as necessary. Each parameter field comprises the parameter name, a five (5) digit parameter code, and a nine (9) digit parameter value. Both the parameter name and the parameter code must be used in all cases. Part B of the tag contains basically laboratory information; however, certain identifying items including District, Type Sample, Material Sampled, and Method of Preservation must be completed by the field personnel collecting the sample. The area inside the heavy black line is reserved for the results of the analyses performed by the laboratory. (The field staff must at no time enter the results of any field analyses on this part of the tag.) If additional analyses are needed, these should be added in the provided spaces using both parameter name and code number. Analyses not required should be struck out by field personnel. The back of Part B of the tag is a shipping -sealing certification and should be completed by field personnel before the sample is sealed and shipped. Part C of the tag is a sample identifier which is to remain with the sample until all analyses are completed. The District Number should be recorded in the space provided. Additionally, a seal to be placed around the closure of the sample container to further insure the integrity of the sample is provided. Attached is a xerox copy of a municipal tag with Parts A, B and C labeled, plus a copy of the seal. In completing the chain of custody tag care should be utilized to insure that all necessary information is correctly and legibly entered onto the tag. A black ballpoint with waterproof ink should be used at all times. After the tag is completed by field personnel, Parts A, B and C should remain attached to the sample, the sample sealed, and then delivered to the district office. To seal the sample, the Chain of Custody Tag should be tied to the "cubitainer" below the flange so that the tag cannot be inadvertently removed. Secondly, the nylon cord should be looped around the throat of the cubitainer just below the lid. Once this is done, the throat of the cubitainer should be wrapped with a seal that is completed with the signature of the person sealing the sample and the date the sample was sealed. Care should be utilized in sealing the sample to insure the sample cannot be tampered with, without being detected. At the laboratory, Part B of the tag will be completed. Part C of the tag is to remain with the remnants of the sample until it is disposed of. In completing the tag, several items should be watched very carefully. First, each value entered on the tag should be right justified in the spaces provided. Secondly, if a decimal point is needed in the value it should occupy one entire space of the value field. Where a decimal point is preprinted on the form, it should be observed. Thirdly, in the space labeled "Card Type", the letter B should always be used to enter new data to the file. Should it become necessary to change or delete any data in the file, special forms will be provided specifically for these purposes. By following this procedure and using these tags, legal requirements will be fulfilled, extraneous paper work, and mistakes avoided. 4. If more than one container of the same effluent or stream segment is obtained, an identification tag need only be attached to each additional sample. The auxiliary tag(s) must contain the following information: a. Sample number of the primary, Chain of Custody tag b. Date and time sample was collected c. Source of sample d. Preservative used e. Name of collector f. Sample analysis desired After attaching each auxiliary tag, each sample container will be sealed, in accordance with the procedure as described above in Item 3. Transfer of Custody and Shipment 1. All samples should be handled by the minimum possible number ---- of persons. 7. All incoming samples shall be received only by the custodian, or his alternate, and logged into a record book (Log Book). The custodian should sign on the "Receipt of Sample" portion of the Chain of Custody record tag - Part B. Information to be entered into the Log Book should include the sample number, date received, source, time(s) sampled, date(s) sampled and analyses requested. Parts A and B of the tag are to be removed by the custodian and given to the records clerk. 3. Promptly after logging, the custodian will distribute the sample to an analyst or place the sample in the sample room, which will be locked at all time except when samples are removed or replaced by analysts. 4. The custodian shall ensure that heat -sensitive or light- sensitive samples, or other sample materials having unusual physical characteristics, or requiring special handling, are properly stored and maintained. 5. Samples shall be kept in the sample storage security area at all times when not actually being used by analysts, such as during overnight absences. 6. Numbered accountable data cards will be used by the analysts for recording identifying information describing each sample (by origin and sample identification number), the procedures performed and the results of the testing. The data cards must be signed and dated by the person performing the tests and retained as a permanent record in the laboratory. 7. Test results shall be entered on Part B of the original Chain of Custody tag. The original shall be given to the district office for reproduction. The laboratory will then be furnished with this reproduced copy. Corpus Christi, xas 27 day of 19 it TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYO The Charter rule was suspend Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky F CORPUS CHRISTI, TEXAS by the following vote: The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 1..5722