HomeMy WebLinkAboutMINUTES - 06062000 - C59-C62 TO: BOARD OF SUPERVISORS
FROM: TONY COL6N, DIRECTOR
COMMUNITY SERVICES DEPARTMENT
DATA June 6, 2000 .
SUS
APPROVAL OF 2000 STANDARD AGREEMENT FOR WFATIIERIZATION PROGRAM
SERVICES
SP IC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION: '
APPROVE and AUTHORIZE the Community Services Director or designee to execute and submit
2000 State Standard Agreement #OOC-1309 (County #39-800-7) with the California Department of
Community Services and Development in the amount of $74,076 for Low-Income Weatherization
Assistance Program services for the period from April 1, 2000 through March 31, 2001.
H. FINANCIAL IMPACT:
This Contract is Federally funded through the State Department of Community Services and
Development. Funding from this agreement for the period from April 1, 2000 through June 30, 2000
is reflected in.the Community Services Department's FY 1999-00 budget. Funding for the period
from July 1, 2000 through March 31, 2001 will be reflected in the Department's proposed FY 2000-
01 budget. No County funding is required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
On June 15, 1999, the Board of Supervisors approved Contract #39-800-5 with the State Department
of Community Services and Development for the period from April 1, 1999 through March 31, 2000.
Approval of Standard Agreement #OOC-1309 will allow for the continued provision of Low-Income
Weatherization Assistance for the period from April 1, 2000 through March 31, 2001.
This Contract provides $74,076 in reimbursable funds to enable the County to weatherize
approximately 140 low-income households in Contra Costa County during the period April 1, 2000
through March 31, 2001.
CONTINUED ON ATTACH2dBNT: SIGNATURE:
RECOMUMMATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE +
APPROVE OTHER
ACTION OF BO l 1— ' td7 Q APPROVED AS RECOMMENDED!^ OTHER
VOTE OF SUPERVISORS
X
I HEREBY CERFTTY THAT THIS IS A TRUE
l` UNANIMOUS(ABSENT t AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE M>rIU FS OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON TIM DATE SHOWN.
CONTACT: TONT COL6N,313-7350 ATTE4TED_•J_C.t i : tJ J U
PHM BATCHEWR,CLUX OF THE BOARD OF
CC: CAO SUPERVISORS AND COUNTY ADMINISTRATOR
CSD('s 0 '�s��.��cwQ�.l ��P:��
Mill (10199) DEPUTY
TO: BOARD OF SUPERVISORS
FROM: William B.Walker,M.D. Health Services Director An i 4ra
DATE: June 6,2000 Costa
County
SUBJECT: U.S. Department of Justice Grant Award
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Authorize acceptance of a$300,000 U.S. Department of Justice FY 1999 County&Municipal Agency Domestic Preparedness
Equipment Support grant for the period March 1,2000 through February 28,2001 to be administered by the Health Services Department
Emergency Medical Services Agency,
FISCAL IMPACT:
These federal funds are restricted to use in supplementing existing funds for equipment purchases and will have no County General Fund
impact.
BACKGROUND:
This U.S. Department of Justice grant was prepared by the Health Services Emergency Medical Services Agency with the assistance and
support of local fire,law enforcement,and hazardous materials response agencies. The grant is part of the Department of Justice's FY
1999 County&Municipal Agency Demestic Preparedness Equipment Support program for which Contra Costa County was designated to
receive up to $300,000 based upon population. Use of the grant funds is limited under the federal program to purchase of specified
equipment in the areas of(1)personal protection equipment for responders,(2)chemical,biological,or radiological detection equipment,
and(2)communications equipment for use by responders. While these are federal FY 1999 funds,the time period for expenditure of the
Contra Costa grant funds is March 1,2000 through February 28,2001.
The Contra Costa County grant proposal provides for the purchase of personal protective and communications equipment for use by fire
and by Health Services personnel who would be responders to a chemical,biological,or radiological domistic terrorism incident.
Although intended to enhance the County's preparedness to respond to domestic terrorism,the equipment would be available to
emergency responders to any chemical,biological,or radiological incident.
Grant funds will be used to purchase the following equipment to be maintained by County fire and Health Services for use by emergency
responders:
(1) Three caches of 32 programmable portable radios to be set up and assigned to responders in accordance with the County
communications plan.
(2) One base station repeater and 34 programmable portable radios to be assigned to Health Services EMS personnel for
coordination of ambulance and hospital resources and to hazardous materials response teams for on-scene coordiantion.
(3) Eight tent-type decontamination units to be maintained at fire stations throughout the county for transport to the scene of any
incident where mass decontamination of emergency responders and other personnel may be requried.
(4) Nine self-contained breathing apparatus for use by Health Services Hazardous Materials Program emergency response teams to
bring these teams to the current standard and to assure interchangeability of equipment when needed by teams from different
agencies.
(5) Forty-eight Level B protective suits to be distributed among four caches in west,central,south central,and east county for use
by emergency responders to a scene where Level B protection is appropriate.
CONTINUED ON ATTACHMENT: NO SIGNATURE i
'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD C-,c h l" (/of ,9 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.
Contact:Emergency Medical Services 646-4690
CC Health Services Administration ATTESTED :tt ki e,
SO-OES PHIL BATCHELOR,CLERK OF THE BOARD OF
HS-Haz Mat SUPERVISORS AND COUNTY ADMINISTRATOR
CCC Fire
SRV Fire
EMS BY d`'Yl. / Cwt C DEPUTY
0007
TO: BOARD OF SUPERVISORS �!
Contra. �
FROM: Edward P. Meyer, Agricultural Commissioner /J'7
Director of Weights & Measures ,. Costa
.tv..F County
DATE: May 16, 2000
r•
° t
SUBJECT: State Pest Detection Contract for Fiscal Year 2000-01
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)S BACKGROUND AND JUSTIFICATION `
RECONNENDATION
Authorize Chair, Board of Supervisors, to sign a contract with the
California Department of Food and Agriculture. Contract No. 00-
0006 proposes to reimburse the County $385, 368 for providing pest
detection services. The contract is effective July 1, 2000 through
June 30, 2001 .
BACKGROUND
The County Department of Agriculture deploys traps countywide to
detect incipient infestations of exotic pests such as Medfly, Gypsy
Moth, Japanese Beetle, etc. The State reimburses the County for
all costs that exceed our historic level of trapping.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RyrCOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD N h e 42 d
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
/ ' I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENTI ) 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.
ATTESTED N1f i/'1 e-
Contact: Vince Guise 6-5250 PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
�j '4
Y .r
BY`�/ , '" 1 .C.2� ,DEPUT .
STANDARD AGREEMENT
STO 2(RE'!5-91).
ICER AM NO.
CiCI-0}06
rAXPAyF
ffS PE09UL EM LOY R IDEN I I ATI N N5,
THIS AGREEMENT, made and entered into this 24th day of April, 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
Count 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 or the date of approval by the Department of General
Services,whichever is later, through June 30, 2001 and shall be for an amount not to exceed $385,368.00.
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
Exhibit C—Trap Types
Exhibit D—General Terms and Conditions
Exhibit E—Special Terms and Conditions
CONTINUED ON SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a pert of this Agreement.
IN WITNESS WHEREOF,this agreement has been executed b the rties hereto,u on the date first above written.
STATE OF CALIFORNIA CONTRACTOR
AGENCY CONTRA T (If otherelan ktd Idu ,state whothsr•oor*stion,parfiarohip,siz)
California De artment of Food and Agriculture Coun Contra osta
S (aU H 1 IONA ) BY(A t D I
PKINTED NAME OFNE-R—SO"IGNING PRINTeD NAME AND TIVLEPERSON SIGNINIG
Victoria Gerber Donna GerbW. Chair
TITLE Af 5ns
Departmental Services Manager 2366"A"Stanwell Circle,Concord,CA 94520-5666
AMOUEN UM ER D 8 TH C U P G TE RY(CODE AND LE) FUND TITLE Department of General
20.25.81 80.20.02 Services Use Only
$385,368.00 (515TIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR,THIS ITEMCHAPTER STATUTE Fi YIM_ R
DOCUMENT
$-0_ 85?0-001-0001 2000 00101
TOTAL AMOUNT ENCUMBERED To DATE OBJECT OF EXPENDITURE(CODE AND TITLE)
$ 385,368.00
I hereby certify upon my own personal knowledge that budgeted funds are .B,A.No. B.R.NO.
available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER DATE
Q CONTRACTOR STATE AGENCY 0 DEPT.OF GEN.SER. ® CONTROLLER ❑
STANDARD AGREEMENT `
STD 2(REV 5-81),
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.
AgrofmiM No. 00-0001 ! c Gf
EXHIBIT A
SCOPE OF WORK
The County agrees to provide to the California Department of Food and Agriculture (CDFA)
services as described herein. The county will provide services for the placing and servicing of
traps for the detection of exotic insect pests which are considered hazardous to agriculture and to
the economy of California. I
The project managers during the term of this Agreement shall be:
For CDFA: Name: George Loughner
Address: 1220 N Street, Suite A-330
City: Sacramento, CA 95814
Phone No.: (916)654-1211
For Contractor: Name: Edward P. Meyer
Address: 2366"A"Stanwell Circle
City: Concord, CA 94520-5666
Phone No.: 925-646-5250
Page 1 of 3
Exhibit A
County of Contra Costa
Agreement No.00-0006
EXHIBIT A
CONTRACT SPECIFICATIONS FOR STATE-COUNTY
INSECT PEST DETECTION TRAPPING
AGENCY RESPONSIBILITY
Section 1
The California Department of Food and Agriculture shall:
A. Provide all traps, trap parts, and lures.
B. Provide technical assistance and training to county agricultural personnel on the use of
traps and detection procedures.
C. Assist with and review the county's trapping programs annually for the purpose of
establishing and signing form 60-221 (FY- Commitment Form) which will become Exhibit
C of this agreement.
D. Provide county trappers with copies of the CDFA Insect Trapping Guide.
E. Provide an annual training program specifically for trapping supervisors in which all
counties shall participate.
F. Pick up Dibrom treated wicks according to CA-EPA guidelines.
Section 2
The County Agricultural Commissioner shall:
A. Place and service the minimum number of each trap type specified in Exhibit C. Trap
densities, trapping periods and servicing schedules shall conform with those specified in
the CDFA Insect Trapping Guide under"Definitions"for individual county situations.
Ensure that all trapping procedures and protocols adhere to those outlined in the Insect
Trapping Guide. A copy of the Insect Trapping Guide shall be kept in the trapper's
vehicle for reference.
B. Ensure that all traps (except McPhails) are numbered and dated at each servicing,
indicating when rebaited. Trapping activities, including seasonal hiring and training (see
trapping activities defined under"Definitions" in the Insect Trapping Guide) will start on
the dates shown below. Traps will be removed on their final servicing prior to the end of
the season, but not later than the dates shown below.
C. Ensure that Medfly and McPhail traps on the same property in the SOUTH SAN
FRANCISCO BAY AREA are serviced every seven days; July 1, 2000, to
November 30, 2000, and March 1, 2001, to June 30, 2001. Medfly traps not located on
McPhail properties will be serviced every 14 days; July 1, 2000, to November 30, 2000,
and March 1, 2001, to June 30, 2001.
Page 2 of 3
Exhibit A
County of Contra Costa
Agreement No.00-0006
Ensure that Medfly traps IN OTHER URBAN AREAS are serviced every 14 days;
July 1, 2000, to October 31, 2000, and April 1, 2001, to June 30, 2001. McPhail traps IN
OTHER URBAN AREAS will be serviced every seven days; July 1, 2000, to October 31,
2000, and April 1, 2001, to June 30, 2001.
Medfly traps in rural areas are to be serviced once each month and relocated at that
time.
D, Ensure that Oriental fruit fly traps in the SOUTH SAN FRANCISCO BAY AREA are
serviced every 14 days; July 1, 2000, to November 30, 2000, and March 1, 2001, to
June 30, 2001.
E. Ensure that Oriental fruit fly traps IN OTHER URBAN AREAS are serviced every 14
days; July 1, 2000, to October 31, 2000, and April 1, 2001, to June 30, 2001.
F. Ensure that melon fly traps are serviced every 14 days; July 1, 2000, to
October 31, 2000, and June 1, 2001, to June 30, 2001.
G. Ensure that gypsy moth and Japanese beetle traps are serviced every 14 days;
July 1, 2000, to August 30, 2000, and June 1, 2001, to June 30, 2001, or as determined
by the CDFA District Entomologist. Gypsy moth traps located in remote areas may be
placed in the spring and recovered in the fall with no interim servicing.
H. Send trapping personnel to training provided by state detection entomologists.
1. Make a monthly report to the State on Form 66035 (Rev.6/94) (Pest Detection Report
Number 1) of all traps deployed and serviced during the month. Report all traps added
or removed, and the total number of servieings during the month. Do not count trap
relocation as "removed" and then "added". A servicing is an inspection of the trap for
the presence of the target pest. THIS REPORT MUST BE SUBMITTED WITH THE
MONTHLY INVOICE FOR THE SAME TIME PERIOD.
J. Provide one set of trapping records for all traps. This set, in the form of a "trapbook",
will indicate the exact trap location using a site map and all information regarding
servicing, baiting, and relocation of traps.
K. Maintain county wall maps gridded into numbered square miles, depicting density of all
traps deployed.
L. Allow state detection personnel and/or federal PPQ officers to perform quality control
inspections on all county trap lines including any specified county commitment trap lines.
M. Allow state detection entomologists and/or federal PPQ officers to accompany trappers
and/or supervisors in the field. This will be credited as field training for county
personnel
N. Maintain an inventory of all known fruit fly host sites. The inventory shall be organized
by square mile; contain the address of host property traceable to the nearest cross
street, and indicate known hosts on that property. The inventory shall be updated
yearly. The multiple trap card system will suffice for this inventory.
'r o' --6
Page 3 of 3
Exhibit A
County of Contra Costa
Agreement No.00-0006
O. Maintain on a daily basis a Form 60-210 (Daily Trapping Summary) for each trapper.
This form will be available to the District Entomologist for review for an 18 month period.
P. Submit a completed Form 60-223 (Trapping HoursNear Worksheet) along with the
budget display for each fiscal year trapping program. Form 60-223 will be prepared by
using the Standard Trap Servicings per season form.
Q. Those counties generating Dibrom treated wicks (Oriental fruit fly and Melon fruit fly
detection traps)will possess a CAI number issued by the California Environmental
Protection Agency.
Agmment No. 004)001
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
I. 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 527).
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.)
EXHIBIT B
COUNTY OF CONTRA COSTA
AGREEMENT NO 00-0006
PEST DETECTION TRAPPING BUDGET
FY 2000/01
A. PERSONNEL
1 Salaries $242,400
2 Staff Benefits& Overhead $116,904
TOTAL $359,304
B. SUPPLIES $0
C. VEHICLE OPERATION $26,064
TOTAL CONTRACT AMOUNT $385,368
VG:h/PestDetW1or#/t)gM1 BAs
EXHIBIT C
FY'2000f2001 COUNTY OF Contra Costa
AGREEMENT NO.00-0006
COUNTY COMMITMENT CONTRACTED TOTAL
TRAP TRAPS TRAPS TRAPS
MEDFLY 30 1,140 1,170
MC PHAIL 0 830 830
ORIENTAL FF 0 555 555
MELON FF 0 260 260
GYPSY MOTH 200 700 900
JAPANESE BEETLE 182 243 425
trap totals 412 3,728 4,140
McPhail traps in June,July inc.80 additional GM traps in
and Aug total 750 and 830 in Ap.May,Sept,Oct. April,May,Sept,Oct.
Agrnrmont No. 00-0001 f l f
EXHIBIT D
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 ®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. Certlflcation 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.
Agr"inent No. 00-0001 /
6. 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.
7. 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.
8. Disputes.
Contractor shall continue with the responsibilities under this Agreement during any dispute.
9. Governing law.
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
18. 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.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to
perform work under this Agreement.
11. 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.
Agr"Ment No. 00.0001
EXHIBIT E
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.
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.
S. 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. Evaluation of Contractor.
Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on
Contract/Contractor Evaluation Sheet, Std. 4, and maintained in the CDFA Agreement file.
Agre most No. 00-0001 f
For cpnsultant agreements, if Contractor did not satisfactorily perform the work, a copy of the evaluation will be
sent to the Department of General Seavices,-Office of Legal Services, and to the Contractor within 15 working days
of the completion of the evaluation. (PCC 10369)
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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."
16. 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.
17. Stop Work Notice.
Immediately, upon receiving a written notice to stop work, Contractor shall cease all work under this Agreement.
AgrWm*nt No. 00-0001 1 4yO f
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.
CERTIFICATION
1, 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.
ContractoNBidderFlim Name(Printed) Federal Tax 1D No.
By(Aut riz Signature
Ptrnt5&tVame and Tide on Signing
Gerber Chdtf
Date Executed __T 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
cant'out the requirements as noted above. (GC 8350 et 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
applicable to public entities.)
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. (PCC 10233, 113308.5, 10354)
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities 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.
f t
Current State Employees(PCC 10414
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])
2. LABOR CODEIWORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require
every employer to be insured against liability for Workers 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)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with
Disabili#ies 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.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractors name as listed on this
Agreement Upon receipt of legal documentation of the name change, the State will process the amendment.
Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: When agreements are to be performed
in the State by corporations,the contracting agencies will be verifying that the contractor is currently qualified to do
business in California in order to ensure that all obligations due to the State are fulfilled.
"Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of
financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will'a
corporate contractor performing within the State not be subject to the franchise tax.
Both domestic and foreign corporations(those incorporated outside of California) must be in good standing in
order to be qualified to do business in California. Agencies will determine whether a corporation is in good
stranding by calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a
resolution, order, motion or ordinance of the local governing body which by law has authority to enter into an
agreement, authorizing execution of the agreement
._7. 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.
8. VENDOR DATA RECORD FORM STD.204: This form must be completed by all contractors that are not another
State agency or rather government entity.
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