HomeMy WebLinkAboutMINUTES - 05202008 - C.46 `f
TO: ` BOARD OF SUPERVISORS 1: i:: `
C ont a
FROM: Vincent L. Guise"A ricultural Commissioner-
g Costa
Director of Weights and Measures - s'
COs �
DATE: May 20, 2008 --_ ----- - County
SUBJECT: State-County High Risk Inspection Contract for FY 2007-08
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Agricultural Commissioner, or his designee, to execute
a contract with the California Department of Food and Agriculture and the County.
Contract No. 07-0795 proposes to reimburse the County in an amount not to exceed
$21,568 for high-risk pest exclusion activities.
FISCAL IMPACT:
This agreement provides revenue and will not result in an increase in net county cost or
negatively impact the Department budget.
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. 07-0795 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.
CONTINUED ON ATTACHMENT: --YES SIGNATURE:
----------------------------------------------------------------------------------------------—tC--__-_—----------- � ���///
✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
�PROVE OTHER
r
SIGNATURE(S):
------------------- - ----- ------- -- - -- -----------------___--___----- ___-----------------------
ACTION OF BOA D N APPROVE AS RECOMMENDED. OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN: ,p
ATTESTED
CONTACT: Cathy Roybal,646-5250 JOHN CULLEN ERK OF THE BOARD
F SUPERVISORS AND COUNTY
DMINISTRATOR
CC: County Administrator
BY DEPUTY
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD 213(Rev 10105)
AGREEMENT NUMBER
07-0795
REGISTRATION NUMBER
1. This Agreement is entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
DEPARTMENT OF FOOD AND AGRICULTURE
CONTRACTOR'S NAME
COUNTY OF CONTRA COSTA
2. The term of this
Agreement is: July 1, 2007 Through June 30, 2008 '
3. The maximum amount $21,568.00
of this Agreement is: Twenty-one Thousand Five Hundred Sixty-eight Dollars and No Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this
reference made a part of the Agreement:
Exhibit A—Scope of Work 1 Page(s)
Attachment 1A and 2 -6 10 Page(s)
Exhibit B— Budget Detail and Payment Provision 1 Page(s)
Attachment 1 1 Page(s)
Exhibit C—General Terms and Conditions - GTC 307 3 Pages
Check mark one item below as Exhibit D: FORM APPROVED
® Exhibit D-Special Terms and Conditions
1 Page(s) SILVAN-0 B.MARCHES[,Co 111 C gel
(Attached hereto as part of this Agreement) By Deput�
❑ Exhibit D*-Special Terms and Conditions
5. Name of Program: High-risk Pest Exclusion
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
California Department of General
CONTRACTOR Services Use Only
CONTRACTOR'S NAME(If other than an individual, state whether a corporation,partnership, etc.)
COUNTY OF CONTRA COSTA
BY(Authorized Signature DATE SIGNED)
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
2366 A. Stanwell Circle, Concord, CA 94520-4804
STATE OF CALIFORNIA
AGENCY NAME
DEPARTMENT OF FOOD AND AGRICULTURE
BY(Authorized Signature) DATE SIGNED
PRINTED NAME AND TITLE OF PERSON SIGNING
JANICE L. PRICE, ACQUISITIONS MANAGER
ADDRESS
1220 N STREET, ROOM 115, SACRAMENTO, CA 95814 ® Exempt per: DGS Ltr 28.5
Agreement No. 0
Page 1 of_j
EXHIBIT A
(County Agreement)
SCOPE OF WORK
1. Contractor agrees to provide the services described herein:
The County will perform high-risk inspection and enforcement on incoming shipments of plant
material at terminals or other facilities in compliance with the requirements imposed by Chapter 573
(AB 1771), Statues of 2000, Food and Agricultural Code Section 2282.5.
2. The contract managers for this Agreement are:
FOR CDFA: FOR CONTRACTOR:
Name: Donnie Ereveillo Name: Vince Guise
Section/Unit: Pest Exclusion Section/Unit: COUNTY OF CONTRA COSTA
Address: 1220 N Street, Room A-372 Address: 2366 A. Stanwell Circle
City/Zip: Sacramento, CA 95814 City/Zip: Concord, CA 94520-4804
Phone: 916-654-0312 Phone: 925-646-5250
3. See Attachment 1 to this Scope of Work for a detailed description of work to be performed and duties
of all parties.
Agreement No.07-0795
Exhibit�A
Attachment�n
Page 1 of 10
PARCEL TERMINALS
SCOPE OF WORK
Criteria for Work Plan
The County of Contra Costa agrees to perform high-risk inspection and enforcement
activities for the California Department of Food and Agriculture (CDFA) in compliance
with the requirements imposed by Chapter 573 (AB 1771), Statutes of 2000, Food and
Agricultural Code Section 2282.5, identified as Exhibit A, Attachment 2, and County
High-Risk Pest Exclusion Program Guidelines, identified as Exhibit A, Attachment 3,
incorporated in this Scope of Work, identified as Exhibit A, Attachment 1A. This
agreement is inclusive of the county agreeing to inspect incoming high-risk shipments of
plant material at terminals or other facilities as imposed by Division 4, Part 2, Chapter 1,
Article 1, Section 6303 and Chapter 2, Article 1, Sections 6401 and 6403 of the Food
and Agricultural Code incorporated in this Scope of Work, identified as Exhibit A,
Attachment 4.
The county will perform activities approved by the CDFA as described in the attached
Estimate of High-Risk Pest Exclusion Activities, herein titled as Work Plan, Parcel
Terminals, identified as Exhibit B, Attachment 1, and by this reference made a part
hereof. High-risk pest exclusion activities targeted at parcel terminal facilities can be
defined as follows:
Inspection work at California Overnight, DHL, Federal Express, Federal Express
Ground, and other parcel terminal facilities can include, but is not limited to:
1. County biologist(s) reviewing invoices for content origin/destination, checking
packages for quarantine compliance, rejecting parcels that do not adhere to
quarantine compliance, inspecting for high-risk pests (i.e., Imported Fire Ant,
Diaprepes root weevil, and other arthropods, gastropods, and weeds).
2. Maintaining records of inspections and pest finds, issuing notices of rejection if
necessary, notifying the Interior Pest Exclusion Program of the presence of any
significant pest finds, etc.
3. Reviewing Pest Exclusion Advisories and relevant reports maintained on the
CDFA Interior Pest Exclusion Extranet website.
Inspecting shipments of fruits, vegetables, and propagative plant material is the highest
priority. Inspecting shipments of cut flowers and greenery is a lower priority. As
quarantine areas and commercial channels change, county biologist(s) shall prioritize
high-risk inspection activities as appropriate to meet the changing needs.
The county's biologist(s) shall determine the time of day and week the inspections are to
occur. If a county finds it necessary to deviate from its approved Work Plan, said county
will notify the Interior Pest Exclusion Program of any changes.
The county shall submit monthly an itemized invoice, on county letterhead, identified in
Exhibit A, Attachment 5 and a completed monthly Report 4a, identified as Exhibit A,
Attachment 6. All Report 4a's shall be submitted on Form #66-092a to the CDFA
Contract Manager.
Agreement No.07-0795
Exhibit A
Attachment I k
Page 2 of 10
For Los Angeles County only: "AB 1896 is hereby incorporated by reference, and a
Contractor's failure to comply shall be deemed a failure of consideration," identified as
Exhibit A, Attachment 7 (Los Angeles County only). Send itemized invoices and monthly
Report 4a's to:
Send itemized invoices and monthly Report 4a's to:
The Department of Food and Agriculture
Donnie M. Ereveillo, Contract Manager
Pest Exclusion Branch
High Risk Pest Exclusion Program
1220 N Street, Room A-372, Sacramento, CA 95814
Agreement No.07-0795
Exhibit A
Attachment
Page 3 of 10
Chapter 573, Statutes of 2000.
Food and Agricultural Code of California
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.
Agreement No.07-0795
Exhibit A
Attachment 13
Page 4 of 10
COUNTY HIGH RISK PEST EXCLUSION PROGRAM
ESTIMATED WORK PLAN GUIDELINES
PROGRAM DEFINITIONS
High-Risk Shipments: are those where there exists a high degree of likelihood that one or more
"A" or"Q" rated plant pests will be introduced into or spread within the State by movement or
entry of the shipment. "A" and"Q" rated plant pests have been determined to have potential for
causing severe damage to the State's agricultural industry, natural resources, or environment, and
as such any shipment likely to harbor such pests is considered high-risk. All high-risk shipments
are to be inspected. Non-high-risk parcels ("Flower of the Month Club" bulbs,bare-root nursery
stock from areas which do not represent a serious quarantine risk, plant materials from California
origin with nursery certification, etc.) moving through a"high-risk" facility may be monitored
via profiling and inspected as time allows during the premise visit. These shipments will not be
included as "high-risk" shipments inspected. High—risk shipments which should be inspected
include such items as cut flowers and nursery stock from quarantine areas, any plant materials in
unmarked parcels, and other plant material shipments which have a historical record of"A" and
"Q" rated pest interceptions.
High-Risk Pathways: those facilities where high-risk shipments are regularly or frequently
intercepted. The known high-risk pathways have been listed on the Estimate of High-Risk Pest
Exclusion Activities, including U.S. Postal Distribution Centers, UPS (except local), Federal
Express, Air Freight, Air Freight Forwarded, Truck Referrals (oo8a-Gypsy Moth, 008-Plants &
008-Other), Specialty Markets, Swap Meets, Post Entry Quarantine, and "Other" pathways
identified in your work plans and approved by the Department.
Shipments Inspected: Shipments physically opened and examined. This is not packages or pots
inspected. A shipment is one lot of plant material sent from one shipper to one receiver via one
mode of transport.
Rejections: Number of state level rejection notices written. This does not include rejections of
materials for failing to meet nursery standards of cleanliness, or materials rejected for B or C
rated pests. Any time a live A or Q rated pest is found in a shipment a rejection notice should be
issued.
Pest Interceptions: Number of "A" and "Q" pest interceptions. When more than one pest
species is found in a single shipment, each different species is to be counted as an interception.
Finding more than one pest of the same species does not equate to multiple interceptions.
U.S. Post Office: Postal distribution centers formerly known as sectional centers that sort mail
sealed against inspection (first-class, priority, and express mail parcels).
United Parcel Service (except local service): Facilities which process parcels shipped via
overnight or expedited service versus facilities that process only parcels moving locally.
Air Freight: Air cargo shipments inspected at the airport facility or at destination (see next
item).
Air Freight/Forwarded: Shipments allowed to proceed to destination or another location for
inspection within the same county or to another county and under a warning hold notice (blue
tag) or by compliance agreement authorization.
Agreement No.07-0795
Exhibit A
Attachment 3
Page 5 of 10
Truck (008a): Shipments of historically high-risk household articles from historically high-risk
areas that require inspection for gypsy moth.
Truck (008-Plants & 008-Other): High-risk shipments moving to destination under quarantine
hold notice. This does not include blue-tagged intrastate shipments of nursery stock inspected
for glassy winged sharpshooters.
Post-Entry Quarantine Inspections: These inspections include both site and plant inspections.
A shipment should be recorded when plant material is inspected.
Other: This column is to be used to estimate the workload for any high-risk pathway not already
listed on the form; these may include: pet stores or aquariums, express parcel carriers, sea freight
forwarded or other special focus activities approved by the Department. Special focus activities
are then to be described under "Special Focus Description".
ACCOUNTING GUIDELINES
Program cost estimates for high-risk exclusion activities conducted at optimal levels are to be
estimated based upon the guidelines and definitions contained within the County Agricultural
Commissioners' Annual Financial Statement Procedures Manual. This cost/hour figure is to be
estimated from an average of the costs/hour for Fiscal Years 1999/2000, 2000/2001 and
2001/2002. A county may choose to use their established County Auditor approved hourly rate
in lieu of the three-year average. This would be the rate charged an applicant for phytosanitary
or other type of certification if such a rate is established.
PROGRAM GUIDELINES
1. All inspections of high-risk terminal points are to be conducted as close to optimal service
levels as is fiscally possible.
2. Optimal service level inspections are those conducted during the sort time(s) or before the
last critical dispatch(s) of the facility monitored.
3. All high-risk shipments are to be inspected. Shipments not presenting a high risk that are
moving through a high-risk facility may be monitored and inspected as time permits, but
should not be included as a program cost or counted as a measure under this work plan.
4. A shipment is any amount of agriculturally regulated product/packages/potted plants from
one specific shaper, in one shipment sent to one specific consignee.
OPTIMAL SERVICE LEVELS FOR PEST EXCLUSION TERMINAL INSPECTION FRE UENCY
FACILITY OPTM4UM INSPECTION FREQUENCY
U.S. Postal Distribution Center, United Daily during sort
Parcel Service&Federal Express
Air Freight Daily when appropriate after offloading
Truck Referrals(008)&(008a) 100%of Referrals after offloading
Specialty Markets&Swap Meets Monthly during normal county office hours
Post-Entry Quarantine I All Referrals—Four visits/year normal office hours
Agreement No.07-0795
Exhibit A
CA,Codes(fac:6301-6306) Attachment
Page 6 of 10
FOOD AND AGRICULTURAL CODE
SECTION 6301-6306
6301. If any article is found to have been transported into this
state from any other country or state, or territory or district of
the United States, in violation of any provision of a quarantine that
is established by the Secretary of Agriculture of the United States,
the article is subject to seizure, destruction, or other disposition
to the same extent and in the same manner as if the article had
originated in this state and was in violation of a provision of this
division.
6301.1. (a) The secretary shall adopt, by reference, by regulation,
those federal quarantine regulations and any subsequent amendments
in Parts 301 to 369, inclusive, of Title 7 of the Code of Federal
Regulations. Civil and criminal penalties applicable to' a violation
of those federal quarantine regulations may be imposed by the
secretary and other duly authorized plant quarantine officers in
conformity with that other- law.
(b) Any funds recovered by the commissioner pursuant to this
section shall be deposited in the county general fund in the county
in which the action is brought and shall be allocated to the
commissioner to cover costs related to the enforcement of this
division. Any funds recovered by the secretary pursuant to this
section shall be deposited in the Department of Food and Agriculture
Fund to cover costs related to the enforcement of this division.
6302. If any shipment of plants or things which is passing through
any portion of the state is, or is liable to be, infested or infected
with any pest, and there exists danger of dissemination of the pest
while the shipment is in transit in this state, the shipment shall be
placed within sealed containers which are composed of metal or other
material so constructed that they are 'not liable to be broken or
opened while in transit so as to permit the pest to escape. The
containers shall not be opened while within the state.
6303. (a) It is unlawful for any person, except under written
permission from a plant quarantine officer or under his. specific
direction, to move any lot or shipment of plants or other things to
which a warning tag or notice has been affixed pursuant to this
•division, or to remove, alter, destroy, deface, or mutilate any such
warning tag or notice.
(b) If any shipment of plants or things is allowed to transit the
state or transit to a given destination county under a quarantine
warning-hold notice, the shipment of plants or things shall not be
diverted to another destination without the written permission of the
director or the commissioner 'of the destination county.
(c) Diversion of a shipment as described in subdivision (b) is
unlawful_
Agreement No.07-0795
CA.Codes(fac:6301-6306) Exhibit A
Attachment
Page 7 of 10
(d) If a shipment of plants or things requires a state or county
plant quarantine officer to be present at -the destination to
supervise the unloading, inspection, or treatment of a quarantine
shipment, the director or commissioner, as the case may be, may
charge the shipper or receiver a service fee for the cost of the
services_ Service fees shall be determined based on the director or
commissioner's costs for the services rendered.
6304 . It is unlawful for any=-person to import into the state any
English or -Australian wild rabbit, flying fox, mongoose, or any other
form of animal life which is detrimental to agriculture. Any such
animal shall be refused entry and shall be immediately destroyed or
shipped out of the state within 48 hours at the option and expense of
the owner or bailee of the animal..
6305. It is unlawful for any person to willfully import into, or
ship or transport within, the state any live insect or any pest as
such, unless the shipment or transportation and subsequent use and
handling is authorized prior to shipment under written permit and the
regulations of the director or the United States Department of
Agriculture, except the following:
(a) Honey bees of the species of Apis mellifera.
(b) Weeds for the purpose of identification.
(c) Beneficial or useful insects of common occurrence in the
state.
(d) Insects or other organisms of public health or animal health
interest, which are not plant pests, when imported, shipped, or
transported by any governmental public health agency_
Any shipment which is not authorized by this section shall be
immediately destroyed unless it is determined by the inspecting
officer that the nature of the contents of the shipment is such that
no damage can be caused to agriculture in this state through its
shipment out of the state or return of the shipment to the point of
origin. In such case, the shipment out of the state or the return of
the shipment to point of origin shall be allowed at the expense of
the owner or bailee of the shipment within the time which is
specified by the inspecting officer.
6306. Unless otherwise permitted by law, any person who willfully
and knowingly imports. into, or who willfully and knowingly transports
or ships within, this state, a Mediterranean fruit fly is guilty of
. a felony.
Agreement No.07-0795
CA Codes(fac:6401-6405) Exhibit A
Attachment '4
Page 8 of 10
FOOD AND .AGRICULTURAL CODE
SECTION 6401-6405
6401. It is unlawful for any person to transport, receive, or
import into the state any plant or any thing against which a•
quarantine has been established, or any plant, unless he does both of
the following:
(a) Notifies the director or the commissioner of the county in
which the plant or thing is received, of the arrival of the plant or
thing immediately after its arrival.
(b) Holds the plant, or thing for immediate inspection by the
director or commissioner, without unnecessarily moving it, or placing
it where it may be harmful.
6402. If there is no commissioner in the county where the plant or
thing is received, the person that transports, receives, or imports
the plant or thing into the state shall notify the director, who
shall make immediate arrangements for its inspection.
6403. The officer whomakes the inspection may enter at any time
into any conveyance or place within the state where the plant or
thing is located to ascertain' whether it is, or is liable to be,
infested or infected with any pest.
6404 . The secretary may enter into agreements with regulatory
officials of other states and the United States Department of
Agriculture to provide for the use of various pest risk mitigation
measures at the place of origin of the shipment of the plants. The
agreement may designate the plants or varieties of plants to which
those measures are applied as being commodities that ma_y be released
upon arrival at ports of entry or terminals in this state without
being held and inspected for compliance with standards and quarantine
requirements-
.6405,
equirements_.6405. (a) Any certificate that has been altered, defaced, or
improperly completed or changed is void.
(b) It shall be unlawful for any person to do any of the
following:
(1) Alter, deface, or otherwise falsify or change, a certificate
that is attached to any plant shipment or other thing entering the
state.
(2) Use, .or have- in his or her possession; any certificate that
. has been altered, defaced, or otherwise falsified or changed.
(3) Transport, receive, or possess any plant material represented
by a certificate.
(c) For purposes of this section, "certificate" means a
certificate issued pursuant to a quarantine regulation.
Agreement No.07-0795
Exhibit A
Attachment
Page 9 of 10
SAMPLE INVOICE
(PLEASE SUBMIT ON YOUR COUNTY'S LETTERHEAD)
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE
ATTN: DONNIE M.EREVEILLO,CONTRACT MANAGER
HIGH RISK PEST EXCLUSION PROGRAM
1220 N STREET,ROOM A-372
SACRAMENTO,CA 95814
2007/2008 HIGH RISK PEST EXCLUSION ACTIVITIES
CONTRACT#
INVOICE FOR THE PERIOD FROM TO ,2007/2008
NEW ACTIVITY
ACTIVITY HIGH-RISK
TOTAL HOURS
COST PER HOUR
TOTAL COST
SIGNATURE OF COUNTY AGRICULTURAL COMMISSIONER
Agreement No.07-0795
Exhibit A
Attachment (P
Page 10 of 10
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Page 1 of_1_
EXHIBIT B
(County Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicing and Payment
A. 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.
B. Invoices shall include the Agreement Number and shall be submitted in triplicate not more
frequently than monthly in arrears. Invoices shall be submitted to the designated CDFA Contract
Manager for this Agreement.
2. Budget Contingency Clause
A. 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.
B. 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. Funding Sources for County Contracts (If no Federal Funds,this Section is not applicable)
An annual report of expenditures, where county payments are supported by Federal funds, will be
issued by CDFA Administrative Services, Financial Services Branch. This report will be issued by
September 30th for invoices submitted prior to July 31st for services rendered in the prior State Fiscal
Year.
Federal and State Regulations - The County will comply with all Federal and State regulations and
requirements. The County must ensure they have an adequate accounting system in place and
appropriate internal controls to ensure expenditures are tracked and maintained.
All sub-recipients of Federal awards shall comply with the Code of Federal Regulations (CFR) Title 2,
Part 225 - Cost Principles for State and Local Governments and Title 7, Part 3016 — Uniform
Administrative Requirements for Grants and Cooperative Agreements to state and local
governments.
Federal 2 CFR 225 (OMB Circular A-87) can be found at the following website:
http://training.fws.gov/fedaid/toolkit/2cfr225.pd
Federal 7 CFR 3016 can be found at the following website:
http://www.access.gpo.gov/nara/cfr/waisidx 01/7cfr3016 01.html
The State's accounting standards and procedures for counties provided by the State Controller's Office
are located at the following website: http://www.sco.ca.gov/ard/manual/cntyman.pdf
Agreement No, v -D4 q 5
Exhibit 6
Attachment
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Agreement No. 0-04` 5
Page 1 of 3
EXHIBIT C
(County Agreement)
GENERAL TERMS AND CONDITIONS GTC 307
1. 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.
2. 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 the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part,
without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, 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 records 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. (Gov. Code §8546.7, Pub. Contract Code
§10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: 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, suppliers, 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 Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any
dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any
payments should the Contractor fail to perform the requirements of this Agreement 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. All costs to the State shall be deducted from
any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the
Contractor upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in
the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
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Agreement No.
Page 2 of 3
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury,
the minimum, if not exact, percentage of post consumer material as defined in the Public Contract
Code Section 12200, in products, materials, goods, or supplies offered or sold to the State
regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code §12205).
10. 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 (Gov. Code §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 incorporated 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 the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in
the document CCC 307 are hereby incorporated by reference and made a part of this Agreement
by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. 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.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with
the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply with
the requirements of the Government Codes Sections set out below.
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 (c) 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.
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AgreementNo.
Page 3 of 3
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. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, 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
b) 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."
17. 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 affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in
accordance with Pub. Contract Code §10353.
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Agreement Number O -U 1-6
Page 1 of 1
EXHIBIT D
(County Agreement)
SPECIAL TERMS AND CONDITIONS
1. 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 this Agreement. California may
pay any applicable sales and use tax imposed by another state.
2. Settlement of Disputes
In the event of a dispute, Contractor shall file a "Notice of Dispute" with the CDFA within ten (10) days of
discovery of the problem. Such Notice of Dispute shall contain the Agreement number. Within ten (10)
days of receipt of such Notice of Dispute, the Agency Secretary, or Designee, shall meet with the
Contractor and the CDFA project manager for the purpose of resolving the dispute. The decision of the
Agency Secretary or Designee shall be final. In the event of a dispute, the language contained within this
Agreement shall prevail over any other language including that of the bid proposal.
3. 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.
4. Potential Subcontractors
If Contractor subcontracts out a portion of the work required by this Agreement, 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 his responsibilities and obligations hereunder. The
Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors
and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of
persons directly employed by the Contractor. The Contractor's obligation to pay its subcontractors is an
independent obligation from the State's obligation to make payments to the Contractor. As a result, the
State shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
5. Right To Terminate
The State reserves the right to terminate this Agreement without cause subject to 30 days written notice to
the Contractor. However, this Agreement can be immediately terminated by the State for cause.
Contractor may terminate this Agreement for cause and be relieved of any further obligations subject to a
60-day written notice to the State, only if contractor can no longer perform its responsibilities or if the State
fails to perform its responsibilities as provided herein. Upon such termination, the State shall be relieved
of any further payments and this Agreement shall be cancelled.
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