Loading...
HomeMy WebLinkAboutMINUTES - 12052000 - C75-C79 TO: BOARD OF SUPERVISORS FROM: Phil Batchelor,County Administrator Contra Warren E. Rupf,Sheriff-Coroner Costa DATE: November 14, 2000 County SUBJECT: Acceptance of a Grant from California Office of Traffic Safety for the Avoid the 25 program SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: APPROVE and AUTHORIZE the Sheriff or his designee, and the County Administrator or his designee, to accept a $200,600 grant from the California Office of Traffic Safety for the "Avoid the 25" program, for the period of September 1, 2000 through August 30, 2003. FISCAL IMPACT: The award provides funding for a comprehensive, multi-agency, impaired-driver program, under the administration of the Office Of the Sheriff. The County will provide in-kind funds of$91,5989 these funds are available in the Sheriff's Office budget. BACKGROUND: The"Avoid the 25"grant will help to fund a comprehensive, multi-agency, impaired-driver program that focuses on aggressive traffic law enforcement and public education. This program is designed to decrease the number of DUI related traffic collisions and fatalities by increasing the number of DUI arrests. The program is also designed to reduce collisions and fatalities through greater public awareness and education from media coverage of the program. The campaign takes place during the holiday seasons in December and January with mini-campaigns on Memorial Day and Labor Day weekends. The grant funds will pay for personnel over-time, a Public Information Director, travel expenses, a DUI seminar, posters, flyers, and billboard postings. This program has proven to be effective in three other Bay Area counties, and has resulted in an increase in DUI arrests with a reduction in DUI related collisions. CONTINUED ON ATTACHMENT: NO SIGNATURE F/ t , ECOMMENDATION OF COUNTY ADMINISTRATOR RECWMENDATION OF BOARD COMMITTEE ---`APPROVE OTHER SIGNATURE (S): r ACTION OF BOARD December 5 2000 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS X1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT—_! 1 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. * (District V Seat Vacant) Contact Person:Lt,Jon Cox,32701 CC:CAO,Justice Administration ATTESTED December 5, 2000 Sheriff(for distribution) PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY • MCZ4X,1,C-.....- DEPUTY 76 TO: Beard of Supervisors Contra s FROM: Warren E. Rupf, Sheriff-Coroner Costa DATE: October 25, 2000 County SUBJECT: Forensic Services Agreement with the City of Richmond. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTIONS: APPROVE and AUTHORIZE the Sheriff Coroner to execute on behalf of the County an agreement with the City of Richmond in the amount not to exceed $398,075 to provide forensic services for the period of July 1, 1999 through June 30, 2001. IIs FINANCIAL. IMPACT: NONE. The revenue from this agreement is budgeted in the Sheriffs fiscal year 2000/2001. III. RACKGROUNDIREASON(S) FOR RECOMMENDATIONLS): The Forensic Services Division of the Office of the Sheriff provides forensic services to law enforcement agencies on a fee-for-service basis. The Office of the Sheriff and the City of Richmond have agreed to an estimated fee for services provided to the City during the term of the contract. The estimated amount of the agreement is based upon previous years' services provided by the Forensic Services Division to the City and may be adjusted (with Beard Approval) for extraordinary circumstances. Execution of this agreement allows both the Office of the Sheriff and the City to properly budget the next fiscal year and simplify the intensive process of preparing monthly invoices. I\"�l CONTINUED ON ATTACHMENT: X NO SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR _. RECOMMENDATION OF BOARD COMMITTEE.,/ .__._. PAPA PROVE OTHER h SIGNATURE(S): ACTION OF DON December 5• 2000 APPROVED AS RECOMMENDED X _ _ OTHER VOTE OF SUPERVISORS UNANIMOUS(ASSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AND AYES: NOES' CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN• SUPERVISORS ON THE DATE SHOWN. * (District V Seat Vacant) ATTESTED DeceMber 50 9,QQO PHIL BATCHELOR,CLERK OF THE BOARD OF Contact Par m:Kaman Shakion,Chief of Forensic Services SUPERVISORS AND COUNTY ADMINISTRATOR CC: Sheriff-Ca"XW CAO,Juske Systern Administration l C Sheriff-Coroner'•Forensic S Division BY � "+ ,,. - DEPUTY TO: BOARD Off' SUPERVISORS o�„� /J/���� ti.+.+t FROM: Ed Meyer, Agricultural Commissioner ►,t- :• + Director of Weights & Measures l� - �_ Date Coun DATE: December 5, 2000 Ly SUBJECT: State Contract - Fiscal Year 2000-01 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOIvMNDATION Authorize the Chair, Board of Supervisors, to sign a contract with the California Department of Food and Agriculture and the County. Contract No. 00-0357 proposes to reimburse the County in an amount not to exceed $128, 304 . 63 for high--risk pest exclusion activities. BACKGROUND Legislation in 1997 encouraged a study to be conducted to evaluate the statutory and regulatory responsibilities and appropriate funding sources for county agricultural commissioner programs. The study placed priority upon the pest exclusion program and identified opportunities for improving and funding mandated activities . In 1998 legislation was passed as a result of this study. The legislation was geared toward funding high-risk exclusion activities performed by the County Agricultural Commissioners throughout the State. Contract No. 00--0357 sets activity levels that are designed for Contra Costa County based on historical workloads, costs and a negotiated work-plan to maintain optimal service levels . The agreement improves the service level of high-risk exclusion activities in the county. The agreement also provides State funding to recover the costs of these activities . CONTINUED ON ATTACHMENT: YES SIGNATURE: _ d 00 jO RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER r LIGNATURIFfSh. ACTION OF BOAR O I)e—.—cem er 5, 2000 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS * I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. * (District V .Seat Vacant) P D ATTESTED. pr' mhAr 5. 2.000 r'Ol1te PHIL BATCHELOR,CLERK OF THE BOARD OF CC' ' SUPERVISORS AND COUNTY ADMINISTRATOR BY. ' + L ,DEPUTY DEPARTMENT OF AGRICULTURE Contra Costa County Date: November 14, 2000 To: Phil Batchelor, County Administrator Attn: Laura Strobel From: Edward P. Meyer, Agricultural Commissioner - Director weights & Measures Subject: California Dept. of Food and Agriculture (CDFA) Contract FY 00-0357 The purpose of this memo is to request that your Board authorize the Department to enter into a contract with CDFA. Contract number 00-0357 will allow CDFA to reimburse the County for high-risk inspection and enforcement activities in compliance with the requirements .imposed by Chapter 090 (AB 1228) . This contract is effective July 1, 2000 through June 30, 2001 . RECO14-IENDATION In consideration of the State' s request it is recommended that the board approve the aforesaid contract. Please have your board Chair sign the six original contracts and return them to our office for processing. JdF: sf ^ apple.mem RECEIVED OFFICE OF i. COUNTY ADMINISTRATOR 77 STANDARD AGREEMENT STD 2(REV 5-91) CONTRACT NUMBER AM NO. 00-0357 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NO. THIS AGREEMENT, made and entered into this 30th day of June, 2000, 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 Secretary California Department of Food and Agriculture , hereafter called the State, and CONTRACTOR'S NAME County of Contra Costa , 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 all services, materials, labor and equipment necessary to perform the work required under this Agreement. The term of this Agreement shall be for the period of July 1, 2000, through June 30, 2001. The total amount payable under this Agreement shall not exceed$128,304.63 which is the County's share of the $7,615,510.00 that is available for high-risk pest exclusion activities. Not more than $-0-of the County's 2000/2001 contract share shall be payable for Scientific Evaluation activities which is the County's share of the$150,000.00 specified for Scientific Evaluation. The parties agree to comply with the terms and conditions of the following Exhibits,which by this reference are made a part of the Agreement: Exhibit A—Criteria for Workplan Exhibit B—Workplan, Budget Detail and Payment Provisions Exhibit C—Sample Invoice Exhibit D—Monthly Report No. 4A Exhibit E—General Terms and Conditions Exhibit F—Special Terms and Conditions The CDFA project manager during the term of this Agreement shall be Ed Williams, 1220 N Street, Suite A-372, Sacramento, CA 95814. His telephone number is(916)653-1440. 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(H odw than an WK@vkk*,state whetw•wrperatlon,p Ip,etc.) California Department of Food and A riculture Cou of Contra C Y(AUT RIZE5 SI NATURE) BY H I D I ATUR > y PRINTED NAME OF PERSON SIGNING PRIMTED NAME AND TrTLE R ON SIGNING Sandi Con it TITLE ADDRESS Ac uisitions Manager 2366"A"Stanwell Circle, Concord,CA 94520-5668 AMOUNT NCUMBERED BY THIS DOCUMENT PR TE RY(CODE AND ) FUND TITLE Department of General 20.15.81 Services Use Only $ 128,304.63 (&TONAL USE) JH PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR DOCUMENT $-0- 8570-101-0001 52 2000 2000101 T TAL AMOUNT ENCUMBERED To DATE OBJECT OF EXPERUnRKE(CODE AND TITLE) $ 128,304.63 0 y C, I hereby certify upon my own personal knowledge that budgeted funds are Y•B.A.NO. B.R.NO. available for the period and puso of the expenditure stated above. 1 TURF A O OFFICER PATE ll, CONTRACTOR _STATE AGENCY DEPT.OF GEN.SER. i CONTROLLER i STANDARD AGREEMENT STD 2(REV 5-91) 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 Agreement 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 Agreement. 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 the 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 of this Agreement. 6. No alteration or variation of the terms of this Agreement 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 expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided Agreement No. 000367 EXHIBIT A CRITERIA FOR WORKPLAN Contra Costa County will furnish all equipment and labor necessary t perform High-Risk Rest Exclusion inspection and enforcement services for the California Department of Food and Agriculture(CDFA)at a level specified in the attached Estimate of High Risk Rest Exclusion Activities(Exhibit B). The County will perform the activities agreed upon between the County and the CDFA as estimated in Exhibit B. The Activities under this agreement shall be completed within the time frame outlined. The County will perform high-risk pest exclusion activities as required by Food and Agriculture Code Section 2282.5 and maintain a high-risk pest exclusion program at the specified level. Food and Andcultural Code of Callfomia 2282.5. (a)The development of work plans for allocation of the funding appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention shall be the responsibility of the department. The department shall establish criteria for the development of the work plans and for allocating the appropriated funds. (b)Of the amount appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention, five million five hundred thousand dollars($5,500,000)shall be utilized solely for high-risk pest exclusion activities. The work plans for the exclusion of high-risk pests shall be developed by the department with the county agricultural commissioners and in consultation with affected industry representatives. In order to determine the effectiveness of high-risk pest exclusion programs in each county,the criteria established by the department for the work plan shall include, but need not.be limited to,the following: (1)The number of high-risk plant shipments entering each county. (2)The number of high-risk entry points in each county. (3)The number of state action quarantine pests intercepted or detected annually in each county. (4)The work hours expended by each county in conducting exclusion of high-risk pests. (5)The rate of interceptions and rejections per inspection activity. (c)To remain eligible for funding under this section, a county shall maintain its support of ongoing operational costs of the county agricultural commissioner programs listed in subdivision(b)of Section 2282, at 1997-98 fiscal year levels. (d) Funds allocated for high-risk pest exclusion activities pursuant to subdivision (b)may not be expended for any purpose other than the exclusion or detection of high-risk pests consistent with the work plans prescribed in subdivision(a)or scientific evaluation. Funds allocated by each county on or after September 28, 1998, shall not be allocated to other programs listed in subdivision(b)of Section 2282 until the county work plan is approved by the department consistent with the funding appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention for this purpose. } y� yry yy�\ V (�0 `a�'y 00�Vg W V yV� �Ly�J s'4_� rAy ce) cm C14 61% W o U) C: O ts� is 6% 69 C37 W Q i� M D CD O Lo ami mr N co ci �Q ro 0 r cls N t_ _E C3 r° W W Q o �- �, w s t- o o ® o cov c rip a Q (D 0 LU = J %- 0 o u' CD 0 CV Cl o Ca 0 r O W CO 0 C14:5 1.- o a. in NL- o � C4 T_ CNN � tc Y W �= o r t- CC CL tJi O N ® Lt7 C tC C14 !h Z LL 0 ze o c W ti CS ' v Q Q O U Z ti 0 U) y r, W a vs m CL Lo o d c cu a) u' v ® m Y p a x N O . ro a? O Q L y ® t 6 CL ay p, �C i 0 _ F - 0 Agreement No. 00-1337 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Invoicing and Payment. For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein,which is attached hereto and made a part of this Agreement. The County shall submit monthly an itemized invoice on county letterhead identified in Exhibit C, and a completed Report 4A, identified as Exhibit D. Itemized Invoices and Report 4As shall be submitted after the end of the reporting period to: Department of Food and Agriculture, Pest Exclusion Branch,Attention: Ed Williams, 1220 N Street, Suite A-372, Sacramento, CA 95514. Payment shall be made no more than once monthly in arrears, upon submission in triplicate of an itemized invoice with a Report 4A referencing Contract number. Priority shall be given to expedite payment of itemized invoices with Report 4As submitted within thirty days after the end of the reporting period. 2. Budget Contingency Clause. 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 Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an Agreement Amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause. Payment shall be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with Section 927). 4. Progress Payments. When applicable, progress payments may be allowed when work performed under this Agreement consists of the performance of separate and distinct tasks. Funds withheld for a particular task in the amount of ten (10) percent of each invoice may be paid upon completion of that task. (Separate and distinct tasks do not usually occur when the Agreement is for a finished project report or plan.) Progress payments are not allowed for Agreements with a term of less than three(3)months. Progress payments shall not be made more frequently than once a month in arrears, or at clearly identifiable stages of progress based upon written progress reports submitted with the Contractor's invoices. Progress payments shall be based on at least equivalent services rendered. (Hours worked shall not be the sole basis for progress payments.) Agmsment No. 00-0357 EXHIBIT C Please Submit on County Letterhead 2000/01 HIGH RISK. PEST EXCLUSION ACTIVITIES Invoice for the period from to 2000/01 ' New Activity Activity Other High-Risk Scientific Evaluation Total-Hours Cost Per Hour Total Cost Year to Date Summary Activity Other High-Risk Scientific Evaluation Total Contract Expenditures to Date .Balance Available a as h t4 N � • N d> W 'A P5 Agreement No. 00-0357 EXHIBIT E GENERAL TERMS AND CONDITIONS 1. Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties 2. Antitrust Claims. a) The Government Code Chapter on Antitrust Claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision 0 of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b) In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec.15)or under the Cartwright Act(Chapter 2 (commencing with Section 16700)of Part 2 of division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552 c) If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d) Upon demand in writing by the assignor, the assignee shall,within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and(a)the assignee has not been injured thereby, or(b) the assignee declines to file a court action for the cause of action. Government Code Section 4554. 3. Approval. This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 4. Audit. Contractor agrees that the California Department of Food and Agriculture; the Department of General Services, the Bureau of State Audits, or their designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three(3)years after final payment, unless a longer period of record retention is stipulated. Contractor agrees to allow the auditor(s)access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (GS 8546.7, PCC 10115 et seq., CCR Title 2, Section 1886). 5. Child Support Compliance Act. For any contract in excess of$100,000, the contractor acknowledges in accordance with, that: a) the contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to'child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders as provided in Agreement No. 00-0357 Chapter 8(commencing with Section 5200)of Part 5 of Division 9 of the Family Code; and the contractor, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 6. Compensation. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 7. Disputes. Contractor shall continue with the responsibilities under this Agreement during any dispute. 8. Governing Law. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 9. Non-Discrimination Clause. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age(over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code Section 12990(a-f)et seq.)and the applicable regulations promulgated thereunder(California Code of Regulations,Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporate into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. i Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 10. Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby. 11. Drug-Free Workplace Requirements. By signing this Agreement, Contractor agrees to comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program as required to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drug-free workplace; (3) any available counseling, rehabilitation and employee assistance programs, and (4) penalties that may be imposed upon employees for drug abuse violations. c. Provide that every employee who works on the proposed Agreement: (1) receive a copy of the company's drug-free policy statement; and (2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement, or both, and Contractor may be ineligible for award of any future State agreements if the CDFA determines that the Contractor has made false certification or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) Agreement No. 00-0357 12. Recycled Content. By signing this Agreement, Contractor agrees to certify in writing under penalty of perjury,the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code,Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (PCC 10233, 10308.5, 10354) 13. Conflict of Interest. Contractor needs to be aware of the following provisions regarding current or former State employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees(PCC 10410): a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity or enterprise is required as a condition of regular State employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. Former State Employees(PCC 10411): a. For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations,transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. b. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy- making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving State service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430[e]) 14. Labor Code/Workers'Compensation. Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 15. Americans With Disabilities Act. Contractor assures the State that it complies with the Americans with Disabilities Act(ADA)of 1990,which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 16. Air or Water Pollution Violation. Under the State laws,the Contractor shall not be: (1)in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2)subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or(3)finally determined to be in violation of provisions of federal law relating to air or water pollution. 17. Equipment(If applicable for other than vehicle) Title to equipment purchased or built from these funds will vest in the State unless otherwise specified. Upon termination of this Agreement the State may: 1. Request that such equipment be returned to the State with costs incurred by the Grantee for such return being reimbursed by the State; Agreement No. 00-0367 2. Transfer title to such equipment to the Contractor at no additional cost to the Contractor; 3. By mutual agreement with the CDFA,allow the Contractor to purchase such equipment for an amount not to exceed the residual value of the equipment as of the date of termination of this Agreement; or. 4. Authorize the continued use of such equipment for work to be performed under a different Agreement. The State may, at its option, repair any damage or replace any lost or stolen items and deduct the cost thereof from the Grantee's invoice to the State or require the Contractor to repair or replace any damage, lost or stolen equipment to the satisfaction of the State,with no expense to the State. In the event of theft, a police report must be filed immediately in accordance with the State Administrative Manual, Section 2625. The Contractor shall maintain an inventory record for each piece of nonexpendable equipment purchased or built with funds provided under the terms of this Agreement. The inventory record of each piece of such equipment shall include the date acquired,total cost, serial number and model identification(on purchased equipment)and any other information or description necessary to identify said equipment. The inventory records shall also include the location or section to which each said piece of equipment is assigned. Nonexpendable equipment so inventoried shall be to those items of equipment which have a normal life expectancy of one year or more,and an approximate unite price of$500 or more. In addition,theft sensitive items of equipment costing less than$500 shall be inventoried. A copy of the inventory record shall be submitted to the State upon request by the State; said inventory not to be submitted more frequently than annually. Agreement No. 00-0357 EXHIBIT F SPECIAL TERMS AND CONDITIONS 1. Definitions. In interpreting this Agreement,the following terms will have the meanings given to them below, unless the context clearly indicates otherwise. e "State"shall mean the State of California including,but not limited to,the California Department of Food and Agriculture(CDFA)and/or its designated officer. "Contractor"shall mean the recipient of funds pursuant to this Agreement. e "CDFA"shall mean the California Department of Food and Agriculture. 2. Agency Liability. The Contractor warrants by execution of this Agreement,that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee,excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty,the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 3. Bankruptcy. In the event proceedings in bankruptcy are commenced against the Contractor, Contractor is adjudged bankrupt, or a receiver is appointed and qualifies,then the CDFA may terminate this Agreement and all further rights and obligations by giving five(5)days notice in writing. 4. Communication. All official communication from Contractor to the CDFA shall be directed to the designated CDFA project manager for this Agreement. All formal notices required by this Agreement will be given in writing and sent by prepaid certified mail, by personal delivery or by telex. The CDFA reserves the right to change the CDFA project manager at any given time without an Agreement amendment and reserves the right to approve any substitution of the Agreement project manager and any other consulting staff. 6. Confidentiality and Public Records. . Contractor and the CDFA understand that each party may come into possession of information and/or data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public records Act, commencing with Government Code, Section 6250, or the Public Contract Code. The CDFA agrees not to disclose such information or data furnished by contractor and to maintain such information or data as confidential when so designated by contractor in writing at the time it is furnished to the CDFA,only o the extent that such information or data is exempt from disclosure under the California Public records Act and the Public Contract Code. 6. Dispute Settlement. In the event of a dispute, the Contractor shall file a written"Notice of Dispute"with CDFA within ten(10)days of discovering the problem. Such Notice of Dispute shall contain the Agreement number. Within ten (10)days of receipt of such Notice of Dispute,the Director of the Administration Division shall meet with the Contractor and the CDFA project manager for the purpose of resolving the dispute. The decision of the Director shall be final. In the event of a dispute, the language contained within the Agreement shall prevail over any other language, including that of the bid proposal. 7. Entire Agreement. This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the Attachments and/or Exhibits hereto, contains the entire Agreement of the parties. 8. Excise Tax. The State of California is exempt from Federal Excise taxes and no payment will be made for any taxes levied on employees'wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to the Agreement. California may pay any applicable sales or use tax imposed by another state. Agreement No. 00-0357 9. Force of Majeure. Neither the State nor the Contractor, including the Contractor's subcontractor(s), if any,will be responsible hereunder for any delay, default or nonperformance of this Agreement,to the extent that such delay, default or nonperformance is caused by an act of God,weather, accident, labor strike, fire, explosion, riot,war, rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party. 10. Gratuities. The CDFA may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Agreement if it is found, after notice and hearing by the CDFA or his duly authorized representative, that gratuities were offered or given by the contractor, or any agent or representative of the contractor, to any employee of the CDFA,with a view toward securing an Agreement or securing favorable treatment with respect to awarding or amending or making a determination with respect to performance of this Agreement. 11. Management of Contract Functions. Contractor's key personnel may not be substituted without the CDFA project manager's prior written approval. The CDFA may change the CDFA project manager by notice given contractor at any time. CDFA staff will be permitted to work side by side with Contractor's staff to the extent and under conditions that may be directed by the CDFA project manager. In this connection, CDFA employees will be given access to all data,working papers, etc.,which contractor may seek to utilize. Contractor will not be permitted to utilize CDFA employees for the performance of services which are the responsibility of contractor unless such utilization is previously agreed to in writing by the CDFA project manager, and any appropriate adjustment in price is made by issuance of an Amendment. No charge will be made to Contractor for the services of the CDFA employees while performing, coordinating or monitoring functions. 12. Publicity and Acknowledgement. The Contractor agrees that it will acknowledge CDFA's support whenever projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, or other type of promotional material. 13. Remedies. Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise or one right or remedy will not be deemed a waiver or any other right or remedy. 14. Reports. If this Agreement is for the production of a report, Contractor, pursuant to Government Code Section 7550,will include in the dollar amount and Agreement number of all contracts and subcontracts relating to preparation of the report. The Contractor will also include on the front page of the report a disclaimer that states, "The statements and conclusions of this report are those of the Contractor and not necessarily those of the California Department of Food and Agriculture,its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.' 15. Severability. If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. 16. Stop Work Notice. Immediately, upon receiving a written notice to stop work, Contractor shall cease all work under this Agreement. 17. Resolutions. A copy of a resolution, order, motion or ordinance of the local governing body by law having authority to enter into the proposed Agreement authorizing execution of agreements must be included when contracting parties are county, city, district, board or commission. C.77 PTD WARD AGREEMENT (PEV 5.91) CONTRACT UMBER RAA No. 00-0357 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NO. THIS AGREEMENT, made and entered into this 30th day of June, 2000, in the State of California, by and between State of California, through its duty elected or appointed,qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Secretary California Department of Food and Agriculture , hereafter called the State, and CONTRACTOR'S NAME County of Contra Costa , 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 all services, materials, labor and equipment necessary to perform the work required under this Agreement. The term of this Agreement shall be for the period of July 1, 2000, through June 30, 2001. The total amount payable under this Agreement shall not exceed$128,304.63 which is the County's share of the $7,615,510.00 that is available for high-risk pest exclusion activities. Not more than$-0-of the County's 2000/2001 contract share shall be payable for Scientific Evaluation activities which is the County's share of the$150,000.00 specified for Scientific Evaluation. The parties agree to comply with the terms and conditions of the following Exhibits,which by this reference are made a part of the Agreement: �����1,C� Exhibit A--Criteria for Workplan RECEIVED Exhibit B--Workplan, Budget Detail and Payment Provisions Exhibit C—Sample Invoice JAN 9 2001 Exhibit D—Monthly Report No.4A Exhibit E--General Terms and Conditions CL RK O-_ D 0 S7 Exhibit F Special Terms and Conditions The CDFA project manager during the term of this Agreement shall be Ed Williams, 1220 N Street, Suite A-372, Sacramento, CA 95814. His telephone number is(916)653-1440. CONTINUED ON SHEETS,EACH SEARING 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 ernes hereto,u n the date first above written. STATE OF CALIFORNIA CONTRACTOR AGE CON R(x odw turn jo4ndWoma owpwwtion, ip,etc.) California a artmerlt of ood and A riculture Co f Co ntr Cost BY(AUTV , SY SI RE) PRINW NAME OF PERSON SIGNING 111WMU NAML ANU TE SIGNING Sandi Con TIS ADDRESS Acquisitions Manager 2366"A"Stanwell Circle,Concord,CA 94520-5666 AMOUNT ENCUMBERED BY THIS DOCUMENT PR RA ZUT- RY(UWE AND TITLE) FUND TITLE Department of General 20.15.81 $ 128,304.63 (OP NAL USE) Services Use Only JH PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR -APPROVED r r"� DOCUMENT A iJ Y D $-t)- 8570-101-0001 52 2000 2000101 TOTAL U ENCUMBERED TO DATE OBJECT EXPENDITURE(CODE AND TITLE) $ 128,304.63 1 5%997 1 6.;- 9'7 DEG 1 hereby car*upon my own personal knowledge that budgeted funds are T.BA NO. B.R.NO. available for the period and purposeax of the nditure stated above. I NATUr{E F ACCOUNTI G O FICER DATE yam, by) OF GE AL SERVICES CONTRACTOR STATE AGENCY _._- DEPT.OF GEN.SER. ._s CONTROLLER Agreement No. 00-0357 EXHIBIT A CRITERIA FOR WORKPLAN Contra Costa County will furnish all equipment and labor necessary t perform High-Risk Pest Exclusion inspection and enforcement services for the California Department of Food and Agriculture(CDFA)at a level specified in the, attached Estimate of High Risk Pest Exclusion Activities(Exhibit B). The County will perform the activities agreed upon between the County and the CDFA as estimated in Exhibit B. The Activities under this agreement shall be completed within the time frame outlined. The County will perform high-risk pest exclusion activities as required by Food and Agriculture Code Section 2282.5 and maintain a high-risk pest exclusion program at the specified level. Food and Agricultural Code of Calffornla 2252.5. (a)The development of work plans for allocation of the funding appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention shall be the responsibility of the department. The department shall establish criteria for the development of the work pians and for allocating the appropriated funds. (b)Of the amount appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention,five million five hundred thousand dollars($5,500,400)shall be utilized solely for high-risk pest exclusion activities. The work plans for the exclusion of high-risk pests shall be developed by the department with the county agricultural commissioners and in consultation with affected industry representatives. In order to determine the effectiveness of high-risk pest exclusion programs in each county, the criteria established by the department for the work plan shall include, but need not.be limited to,the following: (1)The number of high-risk plant shipments entering each county. (2)The number of high-risk entry points in each county. (3)The number of state action quarantine pests intercepted or detected annually in each county. (4)The work hours expended by each county in conducting exclusion of high-risk pests. (5)The rate of interceptions and rejections per inspection activity. (c)To remain eligible for funding under this section, a county shall maintain its support of ongoing operational costs of the county agricultural commissioner programs listed in subdivision(b)of Section 2282, at 1997-98 fiscal year levels. (d)Funds allocated for high-risk pest exclusion activities pursuant to subdivision (b)may not be expended for any purpose other than the exclusion or detection of high-risk pests consistent with the work plans prescribed in subdivision(a)or scientific evaluation. Funds allocated by each county on or after September 28, 1998, shall not be allocated to other programs listed in subdivision (b)of Section 2282 until the county work plan is approved by the department consistent with the funding appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention for this purpose. co gp' o a r°Di opo v0 ``'v o CC! T (J T CA co � M O ul (0 ~ w C O 64 H Ei! EH N C CV V- {6 t69 d O O O O O O O O lW U.) N0cli N i0 T r tC3 N 0 N t r CO t = O r W v W = i� a r 0 O O O N t07 til O U Ul W = J V O XC'4 0 N O O O O T O In 00 z LU O O r N N a N r N Co T Y UJ M O w a ;� O r, w 5; La N LL O to (a Q moo W ° LL �a dz W CL w U a as LI) co c xa V} air v m a� n � u- c y � 2 o a m w O LL. d N a CL c r $ til (; V t`a s s o o 0 a> z c Agreement No. 00-0357 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. invoicing and Payment. For services satisfactorily rendered and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein,which is attached hereto and made a part of this Agreement. The County shall submit monthly an itemized invoice on county letterhead identified in Exhibit C, and a completed Report 4A, identified as Exhibit D. Itemized Invoices and Report 4As shall be submitted after the end of the reporting period to: Department of Food and Agriculture, Fest Exclusion Branch, Attention: Ed Williams, 1220 N Street, Suite A-372, Sacramento, CA 95814. Payment shall be made no more than once monthly in arrears, upon submission in triplicate of an itemized invoice with a Report 4A referencing Contract number. Priority shall be given to expedite payment of itemized invoices with Report 4As submitted within thirty days after the end of the reporting period. 2. Budget Contingency Clause. 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 Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State or offer an Agreement Amendment to Contractor to reflect the reduced amount. 3. Prompt Payment Clause. Payment shall be made in accordance with and within the time specified in Government Code, Chapter 4.5 (commencing with Section 927). 4. Progress Payments. When applicable, progress payments may be allowed when work performed under this Agreement consists of the performance of separate and distinct tasks. Funds withheld for a particular task in the amount of ten(10) percent of each invoice may be paid upon completion of that task. (Separate and distinct tasks do not usually occur when the Agreement is for a finished project report or plan.) Progress payments are not allowed for Agreements with a term of less than three(3)months. Progress payments shall not be made more frequently than once a month in arrears, or at clearly identifiable stages of progress based upon written progress reports submitted with the Contractor's invoices. Progress payments shall be based on at least equivalent services rendered. (Hours worked shall not be the sole basis for progress payments.) Agreement No. 44-4357 EXHIBIT C Please Submit on County Letterhead 2000/01 HIGH RISS. PEST EXCLUSION ACTIVITIES Invoice for the period from to 2000/01 New Activity Activity Other High-Risk Scientific Evaluation Total-Hours Cast Per Hour Total Cost Year to Date Summary Activity Other High-Risk Scientific Evaluation Total Contract Expenditures to Date Balance Available ai o c? c 0 m a� d, 0 � pG cty CD cs � 03 y m v+ tri rn c6 to {o Agreement No. 00.0957 E=XHIBIT E GENERA!TERMS AND CONDITIONS 1. Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties 2. Antitrust Claims. a) The Government Code Chapter on Antitrust Claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the state or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision 0 of Section 16750 of the Business and Professions Code. 2). "Public purchasing body"means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b) In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec.15)or under the Cartwright Act(Chapter 2 (commencing with Section 16700)of Part 2 of division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552 c) If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and(a)the assignee has not been injured thereby, or(b) the assignee declines to file a court action for the cause of action. Government Code Section 4554. 3. Approval. This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 4. Audit. Contractor agrees that the California Department of Food and Agriculture, the Department of General Services, the Bureau of State Audits, or their designated representative, shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three(3)years after final payment, unless a longer period of record retention is stipulated. Contractor agrees to allow the auditor(s)access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (GS 8546.7, PCC 10115 et seq., CCR Title 2, Section 1896). 5. Child Support Compliance Acta For any contract in excess of$100,000, the contractor acknowledges in accordance with,that: a) the contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders as provided in Agreement No. 40-0357 -Chapter 8(commencing with section 5200)of Part 5 of Division 9 of the Family Code; and the contractor, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 6. Compensation. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 7. Disputes. Contractor shall continue with the responsibilities under this Agreement during any dispute. S. Governing Law. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 9. Non-Discrimination Clause. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability(including HIV and AIDS), mental disability, medical condition(cancer),age(over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Government Code Section 12990(a-0 et seq.)and the applicable regulations promulgated thereunder.(California Code of Regulations,Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporate into this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 10. Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby. 11. Drug-Free Workplace Requirements. By signing this Agreement, Contractor agrees to comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program as required to inform employees about: (1) the dangers of drug abuse in the workplace; (2) the person's or organization's policy of maintaining a drtig-free workplace; (3) any available counseling, rehabilitation and employee assistance programs; and (4) penalties that may be imposed upon employees for drug abuse violations. c. Provide that every employee who works on the proposed Agreement: (1) receive a copy of the company's drug-free policy statement;and (2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement, or both, and Contractor may be ineligible for award of any future State agreements if the CDFA determines that the Contractor has made false certification or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) Agreement No. 00-0357 12. Recycled Content. By signing this Agreement, Contractor agrees to certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the required recycled product percentage as defined in the Public Contract Code,Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (PCC 10233, 10308.5, 10354) 13. Conflict of interest. Contractor needs to be aware of the following provisions regarding current or former State employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees(PCC 10410): a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment,activity or enterprise is required as a condition of regular State employment. b. No officer or employee.shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. Former State Employees(PCC 10411): a. for the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations,transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. b. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy- making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving State service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430[e]) 14. Labor Code/Workers'Compensation. Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 15. Americans With Disabilities Act. Contractor assures the State that it complies with the Americans with Disabilities Act(ADA)of 1980,which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 16. Air or Water Pollution Violation. Under the State laws, the Contractor shall not be: (1)in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2)subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or(3)finally determined to be in violation of provisions of federal law relating to air or water pollution. 17. Equipment(if applicable for other than vehicle) Title to equipment purchased or built from these funds will vest in the State unless otherwise specified. Upon termination of this Agreement the State may: 1. Request that such equipment be returned to the State with costs incurred by the Grantee for such return being reimbursed by the State; Agreement No. 00-4357 2. Transfer title to such equipment to the Contractor at no additional cost to the Contractor; 3. By mutual agreement with the C©FA, allow the Contractor to purchase such equipment for an amount not to exceed. the residual value of the equipment as of the date of termination of this Agreement; or. 4. Authorize the continued use of such equipment for work to be performed under a different Agreement. The State may, at its option, repair any damage or replace any lost or stolen items and deduct the cost thereof from the Grantee's invoice to the State or require the Contractor to repair or replace any damage, lost or stolen equipment to the satisfaction of the State,with no expense to the State. In the event of theft, a police report must be filed immediately in accordance with the State Administrative Manual, Section 2625. The Contractor shall maintain an inventory record for each piece of nonexpendable equipment purchased or built with funds provided under the terms of this Agreement. The inventory record of each piece of such equipment shall include the date acquired,total cost, serial number and model identification(on purchased equipment)and any ether information or description necessary to identify said equipment. The inventory records shall also include the location or section to which each said piece of equipment is assigned. Nonexpendable equipment so inventoried shall be to those items of equipment which have a normal life expectancy of one year or more,and an approximate unite price of$500 or more. In addition,theft sensitive items of equipment costing less than$500 shall be inventoried. A copy of the inventory record shall be submitted to the State upon request by the State;said inventory not to be submitted more frequently than annually. Agmement No. 00-0357 EXHIBIT F SPECIAL TERMS AND CONDITIONS 1. Definitions. In interpreting this Agreement, the following terms will have the meanings given to them below, unless the context clearly indicates otherwise. e "State"shall mean the State of California including, but not limited to, the California Department of Food and Agriculture(CDFA)and/or its designated officer. e "Contractor"shall mean the recipient of funds pursuant to this Agreement. e "CDFA"shall mean the California Department of Food and Agriculture. Z. Agency Liability. The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee,excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed,or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. 3. Bankruptcy. In the event proceedings in bankruptcy are commenced against the Contractor, Contractor is adjudged bankrupt, or a receiver is appointed and qualifies, then the CDFA may terminate this Agreement and all further rights and obligations by giving five (5)days notice in writing. 4. Communication. All official communication from Contractor to the CDFA shall be directed to the designated CDFA project manager for this Agreement. All formal notices required by this Agreement will be given in writing and sent by prepaid certified mail, by personal delivery or by telex. The CDFA reserves the right to change the CDFA project manager at any given time without an Agreement amendment and reserves the right to approve any substitution of the Agreement project manager and any other consulting staff. 6. Confidentiality and Public Records. Contractor and the CDFA understand that each party may come into possession of information and/or data which may be deemed confidential or proprietary by the person or organization furnishing the information or data. Such information or data may be subject to disclosure under the California Public Records Act, commencing with Government Code, Section 6250, or the Public Contract Code, The CDFA agrees not to disclose such information or data furnished by contractor and to maintain such information or data as confidential when so designated by contractor in writing at the time it is furnished to the CDFA, only o the extent that such information or data is exempt from disclosure under the California Public Records Act and the Public Contract Code. 6. Dispute Settlement. In the event of a dispute, the Contractor shall file a written"Notice of Dispute"with CDFA within ten (10)days of discovering the problem. Such Notice of Dispute shall contain the Agreement number. Within ten (10)days of receipt of such Notice of Dispute,the Director of the Administration Division shall meet with the Contractor and the CDFA project manager for the purpose of resolving the dispute. The decision of the Director shall be final. In the event of a dispute, the language contained within the Agreement shall prevail over any other language, including that of the bid proposal. 7. Entire Agreement. This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the Attachments and/or Exhibits hereto, contains the entire Agreement of the parties. 8. Excise Tax. The State of California is exempt from Federal Excise taxes and no payment will be made for any taxes levied on employees'wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to the Agreement. California may pay any applicable sales or use tax imposed by another state. «<: Agreement No. 00-0387 9: Force of Majeure. Neither the State nor the Contractor, including the Contractor's subcontractor(s), if any, will be responsible hereunder for any delay, default or nonperformance of this Agreement, to the extent that such delay, default or nonperformance is caused by an act of God,weather, accident, labor strike, fire, explosion, riot,war, rebellion, sabotage, or flood, or any other cause beyond the reasonable control of such party. 10. Gratuities. The CDFA may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Agreement if it is found, after notice and hearing by the CDFA or his duly authorized representative, that gratuities were offered or given by the contractor, or any agent or representative of the contractor, to any employee of the CDFA, with a view toward securing an Agreement or securing favorable treatment with respect to awarding or amending or making a determination with respect to performance of this Agreement. 11. Management of Contract Functions. Contractor's key personnel may not be substituted without the CDFA project manager's prior written approval. The CDFA may change the CDFA project manager by notice given contractor at any time. CDFA staff will be permitted to work side by side with Contractor's staff to the extent and under conditions that may be directed by the CDFA project manager. In this connection, CDFA employees will begiven access to all data,working papers, etc.,which contractor may seek to utilize. Contractor will not be permitted to utilize CDFA employees for the performance of services which are the responsibility of contractor unless such utilization is previously agreed to in writing by the CDFA project manager, and any appropriate adjustment in price is made by issuance of an Amendment. No charge will be made to Contractor for the services of the CDFA employees while performing, coordinating or monitoring functions. 12. Publicity and Acknowledgement. The Contractor agrees that it will acknowledge CDFA's support whenever projects funded,in whole or in part, by this Agreement are publicized in any news media, brochures, or other type of promotional material. 13. Remedies. Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement,at law or in equity, and exercise or one right or remedy will not be deemed a waiver or any other right or remedy. 14. Reports. If this Agreement is for the production of a report, Contractor, pursuant to Government Code Section 7550,will include in the dollar amount and Agreement number of all contracts and subcontracts relating to preparation of the report. The Contractor will also include on the front page of the report a disclaimer that states, `The statements and conclusions of this report are those of the Contractor and not necessarily those of the California Department of Food and Agriculture, its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text." 15. Severability. If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. 16. Stop Work Notice. Immediately, upon receiving a written notice to stop work, Contractor shall cease all work under this Agreement. 17. Resolutions. A copy of a resolution, order, motion or ordinance of the local governing body by law having authority to enter into the proposed Agreement authorizing execution of agreements must be included when contracting parties are county, city, district, board or commission. AGENDA DATE December 5, 2000 ITEM NO. C.78 BACKGROUND NOT AVAILABLE AT THE TIME AGENDA PACKET COMPILED INFORMATION FOR THIS ITEM PREVIOUSLY FURNISHED ORAL REPORT TO BE GIVEN AT BOARD MEETING ERROR IN NUMBERING AGENDA ITEM x RELISTED TO DECEMBER 121, 2000 DOCUMENTS ON FILE WITH CLERK PUBLIC COMMENT TO: BOARD OF SUPERVISORS /�, r2 Q FROW William Walker, M. `-Hea1�.hery?ce Director .',� l Contra By: Ginger Marieiro, Contracts Administrator .� Costa DATE: November 15, 2000 County SUBJECT: Approval of Standard Agreement #24-760-8 with the State Department of Rehabilitation SPECIFIC REQUESTS)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION RECOMMENDATION Approve and authorize the Health Services Director or his designee (Donna Wigand) to execute, on behalf of the County, Standard Agreement #24-760-8 with the State Department of Rehabilitation, for the period from July 1,2000 through June 30, 2001, for vocational rehabilitation services to individuals with mental disabilities . FISCAL IMPACT: The total cost of this program is $706, 144 and is funded as follows : Source of Funds Contract Total State Dept . of Rehabilitation $647, 340 County Mental Health/Realignment 20, 505 State Community Services Allocation 38 , 299 TOTAL PROGRAM COST 57064144 BACKGROUND/REASON(S) FOR RECOMMENDATION(S) On September 21, 1998, the Board of Supervisors approved Standard Agreement #24-760-7 with the State Department of Rehabilitation, for Fiscal Year 1999-2000, for vocational rehabilitation services for the psychiatrically disabled. Approval of this Standard Agreement #24-760-8 will enable the County' s clients to continue participating in comprehensive rehabilitation plans that provide job skills development, career counseling, coaching in job application skills, job development and placement, and follow-up services through June 30, 2001 . Five certified and sealed copies of this Board Order should be returned to the Contracts and Grants Unit for submission to the State Department of Rehabilitation. CONTINUF.12!2N ATTACHMENT:-- 16 SIQNATUmZ4� R!E'COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE A�YROVE OTHER ACTION OF BOARD C C`p'l h C74d APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ASSENT__! } 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. * (District V Seat Vacant) ATTESTED December 5, 2000 PHIL BATCHELOR,CLERK OF THE BOARD OF Contact Person: Donna Wigand (313--6411) SUPERVISORS AND COUNTY ADMINISTRATOR CC: State Dept. of Rehabilitation Health Services Dept (Contracts) BY /Y1,_ 1 0 l ✓ DEPUTY