HomeMy WebLinkAboutMINUTES - 06172008 - C.66 TO: BOARD OF SUPER SORS Contra
FROM: Vincent L. Guis , A ricultu pl Commissioner- ;•
Director of Weights and MeasuresCosta
DATE: June 17, 2008
rA couK'�
~� County
SUBJECT: Agreement #07-0823 between Contra Costa County and the State of
California, Department of Food and Agriculture for reimbursement for
County-wide Light Brown AI pple Moth Trapping /vo�
I
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
APPROVE and AUTHORIZE the Agricultural Commissioner, or his designee, to execute an
agreement between Contra Costa County and the State of California, Department of Food and
Agriculture for reimbursement to the County for materials, supplies and labor necessary for
Light Brown Apple Moth trapping and survey activities from July 1, 2007 through June 30,
2008.
FISCAL IMPACT:
The agreement reimburses the County for expenditures incurred from July 1, 2007 through
June 30, 2008 in the amount of $102,482.00.
BACKGROUND:
Light Brown Apple Moth ("LBAM") was first discovered in the San Francisco Bay Area in
the late fall of 2006. In late Febr 6 ary 2007, the State Department of Food and Agriculture
commenced an emergency insect trapping program, requiring Bay Area counties to
determine the extent of the infestation (also known as the "delimitation protocol"). On May
2, 2007, a Federal Domestic Quarantine Order (DA-2007-42) was issued that required,
among other actions, county-wide trapping, involving additional traps and efforts beyond
what was anticipated in the State delimitation protocol.
CONTINUED ON ATTACHMENT: IYES SIGNATURE: c
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✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATAl
ION OF BOARD COMMI EE
_/APPROVE OTHER
SIGNATURE(S): `
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ACTION OF BO ON 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:
ATTESTED
CONTACT: Cathy Roybal,646-5250 JOHN CULLEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
MINISTRATOR
CC: County Administrator
Agriculture Q
BY PUTY
SUBJECT: Light Brown Apple Moth Agreement (#07-0823) for the
period July 1, 2007 through June 30, 2008
DATE: June 17, 2008
PAGE: Page 2 of 2
Since spring of 2007, County Agricultural Commissioners have been performing LBAM
trapping at the County's expense, with the understanding that reimbursement from the
State of California, Department of Food and Agriculture would follow. The State
Department took some time allocating funding for the reimbursement, since both
emergency funds and Federal funds were necessary.
CONSEQUENCE OF NEGATIVE ACTION:
Failure to approve Contract #07-0823 will result in a loss of revenue to the Department of
Agriculture in the form of lost compensation for work performed from July 1, 2007 through
June 30, 2008.
STATE.OF CALIFORNIA
STANDARD AGREEMENT
S x•b 213(Rev 10/05)
AGREEMENT NUMBER
07-0823
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 $102,482100
of this Agreement is: One Hundred Two Thousand Four Hundred Eighty-two 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 1 2 Page(s)
Attachment 2 3 Page(s)
Attachment 3 1 Page(s)
Attachment 4 1 Pages)
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 Page(s)® Exhibit D-Special Terms and Conditions SILVANO s.MARCHESI,C iniy 0o se
(Attached hereto as part of this Agreement) By Deputy
0 Exhibit D'-Special Terms and Con Iditions
5. Name of Program: Light Brown Apple Moth
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 f 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
i
BY(Authorized Signature) DATE SIGNED
I
PRINTED NAME AND TITLE OF PERSON SIGNING
JANICE L. PRICE, ACQUISITIONS MANAGER
ADDRESS
1220 N STREET, ROOM 115, SACRAMENTO,CA 95814 [I Exempt per.
Agreement No. 07-0823
Page 1 of 1
EXHIBIT A
(County Agreement)
SCOPE OF WORK
1. Contractor agrees to provide the services described herein:
The Contractor will provide labor and materials necessary to perform the duties associated with the
detection of the light brown apple moth (LBAM).
I
2. The contract managers for this Agreement are:
FOR CDFA: I FOR CONTRACTOR:
Name: Joanne Shimada Name: Vince Guise
Section/Unit: Pest Detection/Emergency Projects Section/Unit: Agricultural Commissioner
Address: 1220 N Street, Room A-330 Address: 2366 A Stanwell Cir.
City/Zip: Sacramento, CA 95814 City/Zip: Concord, CA 94520-4804
Phone: 916-654-1211 Phone: 925-646-5250
Email: jshimada@cdfa.ca.gov Email: vguis@ag.cccounty.us
2 1
3. See Attachment 1 to this Scope of Work for a detailed description of work to be performed and duties
of all parties.
t
' I
Agreement No. 407-082-5
Exhibit
Attachment /
Page of Z
California Department of Food and Agriculture
Plant Health and Pest Prevention Services
Pest Detection/Emergency Projects
Contract for County Agricultural Commissioners to Conduct
Light Brown Apple Moth (LBAM) Trapping
Scope of Work
Background
Light Brown Apple Moth was first discovered in the San Francisco Bay Area in the late
fall of 2006. Since then, it has been detected in 12 counties, from Marin to Los Angeles.
A Federal Domestic Quarantine Order (DA-200742) was established on May 2, 2007
that required, in addition to other actions, additional LBAM trapping to ensure continued
interstate movement of regulated articles. Although initial LBAM trapping efforts
involved placing traps alongside existing detection traps, the federal order involved
additional traps and efforts beyond that originally anticipated.
Since the spring of 2007, County Agricultural Commissioners have been performing this
additional LBAM at their own expense, following developed trapping protocols, with the
understanding that reimbursement from CDFA would follow.
Description of Work
1. Trapping activities will be conducted by County personnel following the
guidelines and direction found below and in the attached three pages titled Light
Brown Apple Moth Trapping Guidelines.
2. Nursery trap inspectil ns will coincide with regulatory visits when possible. Do
not inspect a nursery, one week and return the following week to inspect traps.
3. Trapping performed in conjunction with existing detection trapping routes and/or
sites will not be reimbursed. These traps should be serviced and maintained by
existing general detection trappers.• Any extra time incurred will translate to
extended general detection servicing intervals.
4. Servicing time, but not mileage, is allowed for LBAM traps piggybacked onto
Glassy-winged Sharpshooter sites.
5. Delimitation trapping may be required upon detection of"new location"finds, but
only with the approval of LBAM project management.
6. Other than those tr I ps associated with general detection trapping,trapping
activities will be documented in separate LBAM trapping books. These LBAM
trapping books will Abe organized and formatted in the same manner as the
general detection trapping books.
November 2007
1 I
I
Agreement No. 4D�523
Exhibit 9
Attachment
Page Z of Z
7. Daily Trapping Summaries (DTS) (Form 60-210) must be completed daily by
each reimbursable trapper and, along with data in the above trapping books, will
serve as official documentation of work performed. The DTS must be made
available for review by the CDFA audits office for three years. To facilitate
program audits, the DIS—whether completed daily, weekly or monthly— must
be signed by the individual who performed the work indicated on that summary.
This applies to hand completed or electronic summaries.
County Responsibilities
1. Hire and/or train personnel.
2. Ensure that trapping procedures are followed.
3. Ensure that all documl ntation of work is complete and accurate.
4. Submit weekly reports using Form 2007B to dtanouye(cD-cdfa.ca.gov due by COB
the following Wednesday.
5. Submit monthly invoices no later than 30 days past the end of the month in which
the invoiced activity occurred. Note - Payment is contingent upon receipt of
weekly reports for that month.
6. Provide and maintain)trapping vehicles.
7. Submit samples to the Plant Pest Diagnostics Laboratory in Sacramento via
approved method(s).1 See Collection and Submission of Samples in
attachment: "Light Brown Apple Moth Trapping Guidelines." Or, if directed,
submit samples directly to the LBAM project.
State Responsibilities
1. Provide training as needed.
2. Provide trapping materials; including traps, lures and handouts.
3. Ensure timely payment of invoices.
4. Provide quality ass I ranee of program. `
Basis for Payment
1. Payment will be made monthly, in arrears, upon receipt and approval of invoice.
2. Invoice will conform to attached sample invoice. .
November 2007 I
I
2
Agreement o,
Exhibit �q 2
Attachment
Page of .3
January 2008
Light Brown Apple Moth Trapping Guidelines
TYPE of TRAP
• Jackson.
ATTRACTANT
• Male sex pheromone.
• This lure acts primarily as a male attractant, although in high populations it may
attract females. The lure does not contain any insecticide.
TRAPPING SEASON
• The groupings are arranged by counties that 1) should trap during the winter
months and those thatl2) do not need to trap beyond their normal detection
trapping season.. All counties shown below that should trap during the winter
months are requested ito continue their LBAM trapping activities per the indicated
schedules.
• Counties trapping for LBAM through the winter, that do not normally service traps
through the winter, are instructed to use previously identified general detection
trapping sites.
Counties that should trap for LBAM during the winter(Nov— Feb)
1. Counties that I ormally manage year-round detection trapping programs—
continue with two-week service interval.
Imperial* San.Bernardino
Los Angeles San Diego
Orange Santa Barbara
Riverside Ventura
*The Imperial County program may continue trapping through the end of
their detection season, May 31, 2008.
2. All quarantin I d counties as of November 2007 —continue with two-week
service interval in compliance with LBAM Federal Order. To date, those
counties are.,
Alameda San Francisco Solano
Contra Costa San Mateo `
Marin Santa Clara
Monterey Santa Cruz
3. Other counties based on climate and proximity to infested areas— use
three-week service interval November— February 2008; resume two-
week interval in March 2008.
Napa San Benito San Luis Obispo Sonoma
I
q
1
I
Agreement. 0'7-6:97_5
Exhibit
Attachment 7—
Page
Page Z of 3
Counties that do not need to trap past their normal end dates
1. Counties that should resume LBAM trapping in March 2008— use two-
week service interval.
Butte Madera Sutter
Colusa Merced Stanislaus
Fresno Placer Tehama
Glenn Sacramento Tulare
Kern San Joaquin Yolo
Kings Shasta Yuba
2. Counties that should resume LBAM trapping at the start of their 2008
regular detection trapping season — use two-week service interval.
Amador Lake Plumas/ Sierra
Calaveras Lassen Siskiyou
Del Norte Mariposa Trinity
EI Dorado/Alpine Mendocino Tuolumne
Humboldt Modoc
Inyo/Mono Nevada
TRAP DENSITY
• Statewide— Use five (5) traps per square mile, piggybacked on any active and
existing trap site.
INSPECTION FREQUENCY
• Once every 14 days (bi-weekly), unless directed otherwise.
HOSTS
• A wide range of unrelated hosts including:
o Notable trees and ornamental shrubs such as - apple, pear, peach,
apricot, citrus, persimmon, avocado, oak, willow, walnut, poplar,
cottonwood,lalder, pine and eucalyptus. Other shrub or herbaceous
hosts are grape, kiwifruit, strawberry, woody berries (blackberry,
blueberry, boysenberry, and raspberry), rose, camellia, jasmine,
chrysanthemum clover and plantain. `
SELECTION OF TRAPPING SITES
• Deploy these traps onto any existing trapping site. For those programs not yet
actively trapping, choose a site that will be utilized for general detection trapping
once the regular trapping season begins. Piggybacking traps in this manner will
allow for rapid deployment and efficient servicing. It is ideal to place the trap at
2
I
Agreernent o- 197-59Z3
-5923
Exhibit
Attach rncnt-Z
Page 3 of
least 10 feet from any existing trap, when possible. However, piggybacking traps
takes priority over the 10L foot separation.
HANGING THE TRAP
• Assemble the trap in the same manner as other Jackson traps, with the
exception being there is no lure basket. Write the trap number and date of
deployment on the trap body and sticky insert prior to assembling the trap. Trap
numbers for this pest will include the identifying letters "LB" (in place of
"MF", "OF", "MU, etc.). IThe lure is placed directly onto the center of sticky insert
— on its side (so that the opening is not blocked by "stickum"). Tear open the
septa packaging and slide the lure onto the insert without touching the lure with
your fingers.
• The trap may be placed in any tree that fits the placement criteria, ensuring there
is a minimum of eight unobstructed feet between the trap and the ground. The
presence or absence of ripe fruit is not a factor in hanging the trap.
COLLECTION AND SUBMISSION OF SAMPLES
• The entire trap insert containing the suspect moth should be collected and
returned to the office for supervisory review. Specimens submitted to
Sacramento should be cut from the insert and placed into nematode vials. All
suspect specimens should be submitted along with an electronic PDR. Any
inserts from outside the Preventative Release Program (PRP) boundaries
containing medfly suspects should be submitted to the PRP at Los Alamitos; all
others are to be submitted to Sacramento via overnight express with morning
delivery. Notify John Pozzi at the following address upon all submissions:
ipozziR-cdfa.ca.gov. Include the PDR number in this communication.
BAITING INTERVAL
• Change the septa every six weeks.
TRAP RELOCATION
• Relocate the trap at the same time other traps on the same property are being
relocated. When relocating traps, make sure a new insert is used at the new
site.
NOTE—The Insect Trapping Guide (ITG) has been updated (10/31/2007) to include
Light Brown Apple Moth. Please refer to LBAM-1 in the ITG for more information.
3
f
State of California AgreemenO.
Exhibit
Department of Food and Agriculture ExhiExhiAttait 3
Plant Health and Pest Prevention Services Page of �
PEST DETECTION/EMERGENCY PROJECTS FY 2007 / 2008 COMMITMENT FORM
AGRICULTURAL COMMISSIONER COUNTY
6. er- Contra Costa
DETECTION SPECIALIS S I DATE
12/12/2007
COUNTY STATE TOTAL
COMMITMENT COMMITMENT COMMITMENT
PROGRAM UNITS UNITS HOURS UNITS HOURS UNITS HOURS
COMMERCIAL CROP: (PROPERTIES) 0 0 . 0 0 0 0
PUBLIC CONTACT: (SAMPLE PROPERTIES) 0 0 0 0 0 0
SPECIAL SURVEYS: 0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 0 0 0 0
0 0 00 0 --t 0
TRAPPING I SUMMERIWINTER SUMMER/WINTER SUMMER/WINTER
JACKSON TRAP-MEDFLY MF 0 / 0 0 / 0 0 / 0
McPHAIL TRAP MP 0 / 0 0 / 0 0 / 0
CHAMP TRAP CP 0 / 0 0 / 0 0 / 0
JACKSON TRAP-ORIENTAL FRUIT FLY OF 0 / 0 0 / 0 0 / 0
JACKSON TRAP-MELON FLY ML, 0 / 0 0 / 0 0 / 0
GYPSY MOTH GM 0 0 0
JAPANESE BEETLE JB 0 0 0
MISCELLANEOUS: Light Brown Apple Moth 0 993/993 993/993
0 0 0
0 0 0
0 0 0
l 0 0 0
SPECIAL TRAPPING CONSIDERATIONS:
This comittment form is in regard to LBAM lonly. Summer work is July through November and April through June.
Traps are piggybacked through summer(no mileage claimed). Winter work is Dec through March, this is full time
work that includes mileage costs.
60-221(REV 2/05)
Agreement o.
Exhibit
Attachment
Page of
SACRAMENTO COUNTY DEPARTMENT OF AGRICULTURE
Light Brown Apple Moth Invoice
FY 2007-08
Nov 2007
Date: November 2,2007
Contract Number:
Billing Period: December-07
A. PERSONNEL
CLASSIFICATIONS HOURS RATE/HOUR Total
$0.00 $0.00
2 0 $0.00 $0.00
3 0 _ $0.00 $0.00
4 0 $0.00 $0.00
5 0 $0.00 $0.00
8 0 $0.00 $0.00
7 0 $0.00 $0.00
8 0 $0.00 $0.00
9 0 $0.00 $0.00
SALARY SUBTOTAL: $0.00
STAFF BENEFITS BENEFIT BENEFIT
RATE% SALARY COST
1 0.0000% $0.00 $0.00
2 0.0000% $0.00 $0.00
3 0.0000% $0.00 $0.00
4 0.0000% $0.00 $0.00
5 0.0000% $0.00 $0.00
8 0.0000% $0.00 $0.00
7 0.0000% $0.00 $0.00
8 0.0000% $0.00 $0.00
9 0.0000% $0.00 $0.00
BENEFIT SUBTOTAL: $0.00
OVERHEAD
SALARIES BENEFITS COST
%Overhead(Not to exceed 25%) $0.00 $0.00 $0.00
TOTAL PERSONNEL COST: $0.00
B. SUPPLIES(itemized such as:Trapping poles,office supplies,etc,.)
Description Cost
a• $0.00 $0.00
b• $0.00 $0.00
C• $0.00 $0.00
d• $0.00 $0.00
TOTAL SUPPL COST: $0.00
TRANSPORTATION
LICENSE k OWNED BY MILES RATE*
0.00. $0.000 $0.00
0:00 $0.000 $0.00
0.00 $0.000 $0.00
0.00 $0.000 $0.00
0.00 $0.000 $0.00
0.00 $0.000 $0.00
0.00 $0.000 $0.00
TOTAL TRANSPORTATION COST: $0.00
*Mileage rates: County-owned vehicle=$0.485 per mile,or less If the county Internal policy uses a lower rate. If funded
otherwise,the rate=$0.285 per mile.
TOTAL INVOICE FOR December-07 $0.00
COMMENTS:
Agreement No. 07-0823
Page 1-of 1
EXHIBIT B
(County Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Invoicinq 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 301h 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. pdf
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
CONTRA COSTA(winter trapping) :COUNTY DEPARTMENT OF AGRICULTURE
i,. ,
"-Light Brown Apple Moth-Work Plan
FY 2007-08."
Nov 2007
A. PERSONNEL
TOTAL
CLASSIFICATIONS HOURS/ WORK
DAY DAYS HOURS
1 Deputy Agricultural Commissioner(supervisory) 0.2 232 46
2 Agricultural Biologist 1/II/III 0.5 232 116
3 PI:Pest Detection Specialists&Temps(Dec-March) 24 81 1944
4 PI:Pest Detection Specialists&Temps(Jul-Nov&Apr-June) 10 151 1510
5 Clerical 0.1 232 23
1. SALARIES HOURLY RATE
w/o Benefits HOURS SALARY
1 Deputy Agricultural Commissioner(supervisory) $40.49 46 $1,863.00
2 Agricultural Biologist 1/11/111 $30.57 116 $3,546.00
3 PI:Pest Detection Specialists&Temps(Dec-March) $18.25 1944 $35;478.00
4 PI:Pest Detection Specialists&Temps(Jul-Nov&Apr-June) $18.25 1510 $27,558.00
5 Clerical $18.82 23 $433.00
SUBTOTAL: $68,878.00
2. STAFF BENEFITS AND OVERHEAD BENEFIT BENEFIT
RATE% SALARY COST
1 Deputy Agricultural Commissioner(supervisory) .37.5800% $1,863.00 $700.00
2 Agricultural Biologist 1/II/III 37.5800% $3,546.00 $1,333.00
3 PI:Pest Detection Specialists&Temps(Dec-March) 14.1800% $35,478.00 $5,031.00
4 PI:Pest Detection Specialists&Temps(Jul-Nov&Apr-June) 14.1800% $27,558.00 $3,908.00
5 Clerical 37.5800% $433.00 $163.00
SUBTOTAL: $11,135.00
OVERHEAD
SALARIES BENEFITS COST
25 %Overhead(Not to exceed 25%) $68,878.00 $11,135.00 $20,003.00
PERSONNEL COST TOTAL: $100,016.00
B. SUPPLIES(Trapping poles,office supplies,etc.) $0.00
C. VEHICLE OPERATION
COUNTY VEHICLES NO.OF MILEAGE COST
USAGE PER PER
MONTHS MONTH MILE* COST
4 1271 $0.485 $2,466.00
STATE VEHICLES NO.OF MILEAGE COST
USAGE PER PER
MONTHS MONTH MILE* COST
0 0 $0.285 $0.00
LEASED VEHICLES NO.OF NO.OF
LEASED COST PER USAGE
VEHICLES MONTH MONTHS COST
0 0 0 $0.00
NO.OF MILEAGE COST
USAGE PER PER
MONTHS MONTH MILE* COST
0 0 $0.285: $0.00
VEHICLE COST TOTAL: $2,466.00
*Per federal audit guidelines,this rate cannot be exceeded. However,if the county's internal policy uses a lower rate,that rate should be applied.
GRAND TOTAL PROGRAM COST*: $102,482.00
*Any variances are due to rounding to the whole dollar.
COMMENTS:
N
Agreement No. 07-0823
Page 1 of 3
EXHIBIT C
(County Agreement)
GENERAL TERMS AND CONDITIONS GTC 307
1. APPROVAL: This Agreement is of no fo ice 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 for 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 nor 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.
1
Agreement No. 07-0823
Page 2 of 3
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury,
the minimum, if not exact, percentage of pont 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 Ciode Section 12990 (a-0, 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 oto 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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Agreement No. 07-0823
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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 116700) 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 ithe 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 07-0823
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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. A-gency 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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