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HomeMy WebLinkAboutMINUTES - 06272000 - SD5 TO: BOARD OF SUPERVISORS ""' Contra. FROM; Edward P. Meyer, Agricultural Commissioner Director of Weights & Measures � s Costa(^� BATE; County June 27, 2000 SUBJECT; State Contract - Fiscal. Year March 1, 2000-June 30, 2001 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECObMNDATION Accept the report on the status of the Glassy-Winged Sharpshooter and authorize the Chair, Board of Supervisors, to sign a Standard Agreement with the California Department of Food and Agriculture. Contract No. 99-0787 proposes to reimburse the County $262, 265 for work activities relating to detection and exclusion of the Glassy- Winged Sharpshooter. BACKGROUND The glassy-winged sharpshooter was first found in Southern California in 1990 . This organism is native to Mexico and has been established in Southeastern U.S . Through its feeding habits it effectively transmits Xylella fastidiosa, the bacterium that causes Pierce' s disease in grapes, leaf scorch in almonds and oleander, and disease in plum, peach, citrus, cherry. Catastrophic losses to the grape industry have occurred within the infestation area in Southern California. This contract provides for detection and exclusion activities within Contra Costa County. Detection includes insect trapping, visual and sweep surveys in nurseries, residential areas, high-- risk commercial landscape plantings and in susceptible commercial host crops. Exclusion activities include inspections of plant shipments originating from nurseries that are within the infestation area. This designation will enable Contra Costa County to take further positive actions to decrease the possibility of introduction of this species. The contract also provides for continued exclusion and detection activity after designation as free--from. CONTINUED ON ATTACHMENT: --,,iii f SIGNATURE; r RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON G - .�2 2"w APPROVED AS RECOMMENDED - OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSENT 4 g) } AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN. OF SUPERVISO ON THE DATE SHOWN. ATTESTED 00 Contact: P142BATCHELOR,CLERK OF THE BOARD OF CO: 'CRO SUPERVISORS AND COUNTY ADMINISTRATOR i BY DEPUTY �i CERTIFICATION i, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s)listed below. This certification is made under the laws of the State of California, Contractod idder Firm Name(Printed) Federal Fax ID No. Bylut=Wzed tura anted Name and 710"f Berson Signing Donna Gerber and of Supervisors [---Date Executed Executed in the County of CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, completed with the nondiscrimination program*requirements. (GC 12990 and CCR,Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will 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 Board determines that the Contractor has made false certification or violated the certification by failing to carry out the requirements as noted above. (CG 8350 at seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one(1)final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not appliicable to public entitles.) 4. RECYCLED CONTENT: The Contractor shall 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. (PCG 10233, 10308.5, 10354) DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entitles doing business with the State of California. 1. 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. 0 1 AIMU +►KU HVKCGMCN t STD 2(Rf-V 5-91) CONTRACT 6 ---` 99-0787 AYIts FEDERALEMPLOYER! ENTI RANNO, THIS AGREEMENT, made and entered into this 22nd day of May, 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 CONTRACTOKS 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 March 1, 2000 through June 30,2001 and shall be for an amount not to exceed$262,265.00. 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—Scope of Work Exhibit B--Budget Detail and Payment Provisions-Fiscal Display Exhibit C—General Terms and Conditions Exhibit D—Special Terms and Conditions 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 01 the parties hereto upon the date first above written. STATE OF CALIFORNIA CONTRACTOR A ENCY CON { otlwx th 1,state whether a aorpor~,partnership,VC.) California Department of Food and Agriculture Coy f Contr#Costa BY(AUTHORIZED SIGNATURE)> FRFM MW 5F FEN56N SIGNINU PRINTED NAME AND TITL,EAF IIIERSON SIGNING Victoria Gerber Dome Gerb rvisors TIT[K Departmental Services Manager 2366 A Stanwell Circle,Concord,CA 94520-4507 AMZ5UNTEriCUMBEFtEr)BYrH—lIZOCUM-W-----M6MUWRrA-TE60Y( AN ) F ND 1 Department of doneral 20.20.19 Services Use Only $ 262,265.00 (OPTOWU ) 99100$85,605.00;00701 $176,660.00 PRIOR M50W EN UM E D FCR Ht3 ITER CHAPTER TA TE k CAL YEAR DOCUMENT $_0- 8570-001-0001 50 1999 991oo TOTAL)M3UNT EN UMBER D T DATE OBJECT OF EXPENDITURE(CODE-AND ITL ) $262,265.00 56907 I hereby cerW upon my own personal knowledgethat budgeted funds arsT.B.A.No. 8. .N . available for rhe rlod and of the expenditure stared above. SIGNATUREF AC UN - OFFI E DATE Q CONTRACTOR rj STATE AGENCY ❑ DEPT.OF GEN.SER. ®CONTROLLER ID EXHIBIT A SCOPE OF WORK Contractor agrees to provide to the California Department of Food and Agriculture(CDFA)the following services as described herein for the Glassy-Winged sharpshooter!Pierce`s Disease Program. The project managers during the term of this Agreement shall be: For CDFA: Name: Nate Dechoretz Integrated Pest Control Branch Address: 1220 N Street, Room A-357 City: Sacramento, CA 95516 Phone No.: 916-654-0766 For Contractor: Name: Edward Meyer Address: 2366 A Stanwell Circle City: Concord, CA 94520-4807 Phone No.: 925-646-5250 Agfeementft Exhibit - Page 2 Nurserys(low-risk) Number of Sweep Net&Visual Surveys 30 Average time per survey 1 hour Total Hours 30 hours Urban I Residential median str'ipslgolf courses/parks/ thorough fares/cemetarles 300 Average time per survey 1 hour Total Hours 300 hours Cropland Survey Number of sites 241 Average time per site 2 hour Total Hours 482 hours Nursery Shipments incoming shipment inspections/ spot inspections(Mar-May: 50 shipments per week;Jun-Oct: 40 shipments per week; average =213 per month) 1704 Average time per site 1 hour Total Hours 1704 nursery shipment profiling (Mar- May: 120 shipments per week; Jun- Oct: 80 shipments per week) Average time Q 1.25 hours per day 202 Total Hours(survey) 3018 Total Hours(trapping) 2127.6 Total Hours(nursery contact) 59.4 Agreement,N0. Exhibit'. Contra Costa County Classy-Winged SharpshootedPlerce's Disease Program Item Fiscal Year 199912000 Fiscal Year 2000120001 Personnel Services Permanent $16,802 $33,869 Temporary $31,236 $66,014 Subtotal Salaries $48,038 $99,883 Staff Benefits $10,015 $20,680 Total Personal Services $58,043 $120,583 Operating Expenses General Expense/Supplies $1,200 $1,900 Communication $471 $408 Travel &Training $750 $500 Vehicle Operations Rental $5,670 $13,250 Q$0.31/mile $4,960 $9,920 Indirect Cost 25% of total personal Services $14,511 $30,141 Total Operating Expense $27,562 $56,097 Total Program Costs $85,605 $176,660 ,-Agreement,No. 47,9,0161 Exhibit' Contra Costs County Glassy-Winged Sharpshooter/Pierce's Disease Program Workplan Operating Expense Justification FY99100 FY00101 General ExpensestSuppl€es $1,200 $1,900 Examples: Sweep nets, paper, copy machine maintenance, collection equipment, misc. small tools, office supl€es Communication $471 $400 Cell phones Initial cost, monthly service cost and use charges Travel&Training $750 $500 Cost to cover expense of travel to infested area and other training expenses Vehicle Lease $5,570 $13,230 Rental of three vehicles a$629.99/month Vehicle Milage $4,980 $9,920 Four vehicles, 1000 miles per month{ $0.31lmile Indirect,Costs $14,511 $30,141 Includes management, office space, county infrastructure a 25% of personnel cost TOTAL $27,582 $58,097 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. Contactor 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. AW 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. Severability. If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be'volded 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. 15. Stop Work Notice. Immediately, upon receiving a written notice to stop work, Contractor shall cease all work under this Agreement. 16. Subcontractors. Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. Contractor shall be responsible for the performance of all subcontractors undertaking work issued as a result of this Agreement. Contractor shall also be responsible for controlling costs and maintaining accurate records of invoices received from subcontractors. Subcontractors will be subject to any audits related to work performed as a part of, or in relation to, this Agreement. Contractor will be required to properly reimburse all subcontractors within twenty (20)working days of receipt of payment from the CDFA for services performed. All subcontractors previously identified in the bid/proposal submitted are considered to be acceptable to the State. Any change or addition of subcontractors will be subject to the prior written approval of the CDFA project manager. Upon termination of any subcontract, Contractor shall notify the CDFA project manager immediately. All provisions of this Agreement shall apply to subcontractors. If the CDFA or Contractor determines that the level of expertise or the services required are beyond that provided by Contractor or its routine subcontractors, contractor will be required to employ additional subcontractors. The CDFA may substitute or add subcontractors of its own choosing by amendment. r STANDARD AGREEMENT �✓'-';i� STD 2(REV 5.31) NUfP— _ AM NO.- 99-0787 —J W'Yg Y i�NTIP A N N5. THIS AGREEMENT, made and entered into this 22nd day of May, 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 Centra 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 March 1, 2000 through June 30, 2001 and shall be for an amount not to exceed $262,265.00. 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—Scope of Work Exhibit B--Budget Detail and Payment Provisions-Fiscal Display Exhibit C—General Terms and Conditions Exhibit D—Special Terms and Conditions 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 Ureernent has been executed by the partles hereto,upon the data first above written. NATE OF CALIFORNIA CONTRACTOR A ENCY C NT OR(ii ether ftn Wus1,#M wtwdw a pgrmelon,FaWr hip,etc.) Califon is De alrtment off ood and A riculture Cou ty f Cont csta BY( zaBY)_ JY t >W' .{' .t P NIGNING Victoria Gerber TfKE Departmental Services Manager 2388 A Stanwell Circle,Concord,CA 94520-4807 W6UW ENCUMNIRE15) Y THII W-UMERT— t ) FUND Tf%9 Department of General 20.20.19 Services Use only $262,265.00 (OPTIZSFW USE) 99/00$85,605.00;00101 $178,680.00 PRIOR AMBUNT ENCUMBERED F6R THS CHAPTER STATUTE FI CAL YEAR DOCUMENT $-0- 8570-001.0001 50 1999 99/00 T TALAM UNTE UMBERE TOA OBJECTOFEXP D RE( OEANDrm ) $262,265.00 56907 I hereby car*upon my own personal knowledge that budgeted Rands are NI.R.N . evailabkk for the period and ptimose of the wenditure stated above. -- SIGNATUV OF AC UN t DA > I F1 CONTRACTOR 0 STATE AGENCY DEPT.OF GEN.SER. [3 CONTROLLER 0 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. �r�'+amrs�.s�-otar EXHIBIT A SCOPE OF WORK Contractor agrees to provide to the California Department of Food and Agriculture(CDFA)the following services as described herein for the Glassy-Winged sharpshooter/Pierce's Disease Program. The project managers during the term of this Agreement shall be: For CDFA: Name: Nate Dechoretz Integrated Pest Control Branch Address: 1220 N Street, Room A-357 City: Sacramento, CA 95516 Phone No.: 916-654-0768 For Contractor: Name: Edward Meyer Address: 2366 A Stanwell Circle City: Concord, CA 94520-4807 Phone No.: 925-646-5250 AgrewnW No. z1I- o787 ExWbit Contra Costa County Seasonal Trapping/Survey Data TRAPPING Nurseries Total High Risk Low Risk Nurseries Nurseries Number Traps 150 30 Number of Servicings+ removal 5 3 Number of new traps needed 750 30 780 Total servicings 900 90 990 Urban/Residential Number of Traps(4 week countywide) 1100 Number of Servicings+ removal 2 Number of new traps needed 2200 2200 Total Servicings 2200 2200 Number of Traps(10 year or less) 400 Number of Servicings+ removal 13 Number of new traps needed 3200 3200 Total Servicings 5200 5200 Croplands Total Number of Traps 281 Prunus 160 Grapes 120 Citrus 1 Number of Servicings+ Removal 8 Number of new traps needed 1967 1967 Total Servicings 2248 2248 Total Traps to Order(per season) 8147 Total Number of Servicings 10838 10838 i 40 trap/day 2127.6 hours Misc. Hours Nurseries Contacting for Sources Number of Contacts 180 Hours per contact 0.33 hours Total Hours 59.4 hours SURVEYS Nurserys(high risk) Number of Sweep Net&Visual Surveys 150 Average time per survey 2 hours Total Hours 300 hours Agreement No. `?` 0'?$ Exhi4it Page 2 Nurserys (low-risk) Number of Sweep Net &Visual Surveys 30 Average time per survey 1 hour Total Hours 30 hours Urban/Residential median strips/golf courses/parkst thorough fares/cemetarles 300 Average time per survey 1 hour Total Hours 300 hours Cropland Survey Number of sites 241 Average time per site 2 hour Total Hours 482 hours Nursery Shipments incoming shipment inspections/ spot inspections(Mar-May: 50 shipments per week; Jun-Oct: 40 shipments per week; average=213 per month) 1704 Average time per site 1 hour Total Hours 1704 nursery shipment profiling (Mar- May: MarMay: 120 shipments per week; Jun- Oct: 80 shipments per week) Average time a 1.25 hours per day 202 Total Hours(survey) 3018 Total Hours (trapping) 2127.8 Total Hours(nursery contact) 59.4 Agreement No.99.0787 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. Invoices shall include the Agreement number and be submitted in triplicate not more frequently than monthly in arrears to the CDFA Project Manager. Request for final payment shall be made only when all required work has been satisfactorily completed. 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 often(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. Exhibit Contra Costa County Classy-Winged harpshooter/Pieirce's Disease Program Item Fiscal Year 199812000 Fiscal Year 2gOO/20001 Personnel Services Permanent $16,802 $33,869 Temporary $31,236 $66,014 Subtotal Salaries $48,038 $99,883 Staff Benefits $10,015 $20,680 Total Personal Services $58,043 $120,583 Operating Expenses General Expense/Supplies $1,200 $1,900 Communication $471 $406 Travel &Training $750 $500 Vehicle Operations Rental $5,670 $13,230 (a $0.31/mile $4,960 $9,920 Indirect Cost 25% of total personal Services $14,511 $30,141 Total Operating Expense $27,562 $58,097 Total grogram costs $85,605 $176,660 Agreement No. 91-oVg Exhibit j Contra Costa County Glassy-Winged Sharpshooter/Pierce's Disease Program Personnel Services Fiscal Display Position Fiscal Year 1999/2000 Fiscal Year 2000!2001 Permanent Staff Agricultural Biologist I $29.76/hr through Oct 1, 2000, then-$30.65/hr; 40 hourstweek $20,710 $41,729 Clerical $22.10/hr through Oct 1,2000,then $22.76/hr; 10 hours/month $859 $1,749 Temporary Staff Fest detection Speciallst{3} $17.47/hr through Oct 1,2000, then $17.99/hr; 40 hours/week $36,474 $77,085 Total Salaries $58,043 $120,663 Agreement rico. 171-0191 , �~ Exhibit Contra Costa County Classy-Winged Sharpshiooter/Pierce's Disease Program Workplan Operating Expense Justification FY99/00 FY00/81 General Expenses/Supplies $1,200 $1,900 Examples: Sweep.nets, paper, copy machine maintenance, collection equipment, misc. small tools, office suplies Communication $471 $406 Cell phones initial cost, monthly service cost and use charges Travel &Training $750 $500 Cost to cover expense of travel to infested area and other training expenses Vehicle Lease $5,670 $13,230 Rental of three vehicles Q$829.99/month Vehicle Milage $4,980 $9,920 Four vehicles, 1000 miles per month a $0.31/mile Indirect Costs $14,511 $30,141 Includes management,office space, county infrastructure Q 25% of personnel cost TOTAL $27,562 $56,097 Agmement No.88-3787 EXHIBIT C 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. 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. 3. 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). 4. Certification Clauses. The Contractor Certification Clauses contained in document CCC199 previously submitted are hereby incorporated by reference and made a part.of this Agreement by this reference as if attached hereto. 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 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. S. 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. Nan-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 Agr'eim*nt No.W0747 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. Unenforc9abie 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. Agr••ment No.99«0767 EXHIBIT D 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. • "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. • "Subcontractor"shall mean a person or entity which contracts with the Contractor to perform all or a portion of the work as specified in Exhibit A, Scope of Work. 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. 5. 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: AgnemeM No.99-0787 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. Severablilty. 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. 19. Subcontractors. Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. Contractor shall be responsible for the performance of all subcontractors undertaking work issued as a result of this Agreement. Contractor shall also be responsible for controlling costs and maintaining accurate records of invoices received from subcontractors. Subcontractors will be subject to any audits related to work performed as a part of, or in relation to, this Agreement. Contractor will be required to properly reimburse all subcontractors within twenty (20)working days of receipt of payment from the CDFA for services performed. All subcontractors previously identified in the bid/proposal submitted are considered to be acceptable to the State. Any change or addition of subcontractors will be subject to the prior written approval of the CDFA project manager. Upon termination of any subcontract, Contractor shall notify the CDFA project manager immediately. All provisions of this Agreement shall apply to subcontractors. If the CDFA or Contractor determines that the level of expertise or the services required are beyond that provided by Contractor or its routine subcontractors, contractor will be required to employ additional subcontractors. The CDFA may substitute or add subcontractors of its own choosing by amendment.