Loading...
HomeMy WebLinkAboutCalifornia, State Of; 2000-04-01; Fish & GameState of California - The Resource-. .gency DEPARTMENT OF FISH AND GAME http://www.dfg.ca.gov 1416 Ninth Street Sacramento, CA 95814 August 22,200O Raymond Patchett City Of Carlsbad Planning Department 1635 Faraday Avenue Carlsbad, CA 92008 CRAY DAVIS, Governor Re: Agreement No. P9950028 Subject: NCCP Local Assistance Enclosed for your record is one fully executed copy of the subject agreement. In communications concerning this agreement, please refer to the above agreement number. Inquiries concerning the services to be performed under this agreement should be directed to the Contract Manager, Dave Lawhead (858) 467-4211 concerning the processing or execution of this agreement should be referred to me at (916) 653-3454. Sincerely, Rick Donaldson Contract Analyst Enclosure(s) cc: File, Subject w/copy of agreement Claims, w/one (1) copy of agreement SCR, Dave Lawhead, w/copy of agreement SCR, Llisa Hiebert, w/copy of agreement . SI;A’iE?FCAL4FORNIA \ -. STAND”6;RD AGREEMENT---i:;;;;! g;;;AL STD. 2 (kEV.591) THIS AGREEMENT, made and entered into this 1st day of April CONTRACT NUMBER AM. NO. P9950028 TAXPAYER’S FEDERAL EMPLOYER IDENTlFlCATlON NUMBER 9 5-6004793 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF 0FFlCER ACTING FOR STATE AGENCY Director Department of Fish and Game , hereafter called the State, and CONTRACTOR’S NAME City of Carlsbad , 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 services and materials as follows: (Setforth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) 1. This agreement is entered into by and between the California Department of Fish and Game, hereafter referred to as the State, and the City of Carlsbad, hereafter referred to as the Contractor. 2. As part of the Natural Community Conservation Planning (NCCP) Program, the City of Carlsbad is implementing a Habitat Conservation Plan in northern San Diego County. The State agrees to pay the Contractor for NCCP project activities in accordance with the Statement of Work, marked “Exhibit A,” which is attached hereto and made part of this contract by this reference. Additionally, Contractor agrees to provide all labor, tools, and transportation necessary for the completion of work outlined in Exhibit A. 3. The term of this agreement shall be from April 1,200O through March 31,202. CONTINUED ON 2 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. PRINTED NAME OF PERSON SIGNI James F. Trout TITLE Deputy Director 1 ADDRESS 1 1635 Faraday Ave, Carlsbad, CA 92008 AMOUNT ENCUMBERED BY THIS WCUMENT $ 60,000 PROGRAMKATEGORY (CODE ANDTITLE) 1 FUNDTITLE PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT $ 0 TOTAL AMOUNT ENCUMBERED TO DATE $ 60,000 Local Assistance (OPTIONALUSE) Nl lo-418-ROO03 Activitv 111110 Preservation ITEM 1 CHAPTER 1 STATUTE 1 FISCALYEAR 11 ! 3600-101-200-99 50 1999 99-00 ’ OSJECTOF EXPENDITURE (CODE ANDTITLE) II 1 A(JG 1 8 ?Cj::‘“! I i I hereby certify upon my own personal knowledge that budseed funds T.S.A. NO. B.R. NO. e period andpwpose of the expenditure stated above. DATE I is-//I/&l I 1 Demvtment of General Servtcas Use Only . . . .q ; q CONTRACTOR .’ q STATEAGENCY q DEPT.OF GEN. SER. q CONTROLLER q P9950028 City of Carlsbad Page Two 4. The maximum amount payable under the terms of this agreement shall not exceed SIXTY THOUSAND DOLLARS ($60,000) which shall include all taxes and other expenses. This amount is in accordance with the Budget Detail, marked “Exhibit B,” consisting of 1 page, which is attached and made a part of this contract by this reference. The budget is an estimate of the contractor’s anticipated cost of performance hereunder. Actual invoiced expenses must be charged against specific categories. If required by actual costs, the State may approve and reimburse expenditures in any of the budgeted categories in excess of the estimated costs, provided there is offsetting, decreased expenditures in other budgeted categories. Such requests for budget category changes shall be made and approved in writing by the State’s Contract Manager. 5. Payments will be made by the State to the Contractor upon receipt of an itemized invoice showing the time period covered and the work items accomplished. The invoice must be submitted on letterhead stationary, type written with the name and address of the Contractor, and must contain the signature and title of the person submitting the invoice. The invoice shall bear reference to the contract number and shall be submitted to the attention of the State’s Contract Manager. Invoices may be submitted not more frequently than monthly, in arrears. The State shall withhold ten percent from each payment pending fulfillment of the Contractor’s obligations herein as stated in the attached Special Provision 8 (SP-8). Upon completion of the agreement, the Contractor may submit an invoice requesting the ten percent retention. Contractor may be required to substantiate-to the State all charges and costs incurred by providing actual receipts and supporting documentation of the invoice. 6. To ensure payment and allow for an adequate amount of time to process and close the appropriation, all invoices for work performed and charged against this contract must be received by the State’s Contract Manager no later than March 1,2002. 7. Also attached and made a part of this contract by this reference are Standard Clauses - Contracts with Public Entities, pages PE 1 through 4; and Special Provision 8 - Progress Payment/Payment Retention Clause (SP8), consisting of one page. 8. The State’s Contract Manager for this agreement is: Dave Lawhead, Associate Biologist Department of Fish and Game 4949 Viewridge Avenue San Diego, CA 92123 (858) 467-42 11 P9950028 City of Carlsbad Page Three 9. The Contractor’s Project Manager for this agreement is: Michael Holzmiller Planning Department City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 (760) 602-4602 P9950028 City of Carlsbad Page Four EXHIBIT A - STATEMENT OF WORK DEVELOPMENT OF A PRESERVE MANAGEMENT PLAN The City of Carlsbad will prepare a two-phase Preserve Management Plan to implement the Carlsbad Habitat Management Plan (HMP). Phase I will prescribe start-up of the preserve system and initial management activities. Phase II will prescribe long-term administration and management of the preserve system. Topics to be covered will include institutional arrangements; recreation and public access; hydrology and flood control; species introduction and translocation; enforcement; fire management; erosion control; landscaping restrictions; fencing, signs and lighting; predator and exotic species control; species-specific and area-specific management needs; monitoring; habitat restoration; education and interpretation; regional coordination; quantitative assessment; adaptive management; and dealing with emergency events. Both phases will include estimates of costs and potential sources of funding. The work program will provide several opportunities for public involvement as well as input from the scientific community, the wildlife regulatory agencies, and others with practical experience in preserve management. Description of the Task The City of Carlsbad has prepared the HMP in compliance with the U.S. and California Endangered Species Acts and the Natural Community Conservation Planning Act. The HMP was approved by the Carlsbad City Council on September 21,1999, and was submitted to the U.S. Fish and Wildlife Service and California Department of Fish and Game in late 1999 as a formal application. Section F of the HMP deals with preserve management. It indicates that the City of Carlsbad will approach the management task in two phases. Phase I is the interim management plan, and it must be completed within one year. Phase II is the long term management plan, and it must be completed within three years. These funds allow the preparation of both phases concurrently within the first year after HMP approval. The City will use the grant funds to hire a consulting frrrn with demonstrated experience in the preparation of preserve management plans. The following work plan for development of the preserve management plan may be revised slightly, based on consultant recommendations. P9950028 City of Carlsbad Page Five A. B. C. D. E. F. Consultant Selection Needs Analysis 1. Review of HMP by consultant 2. Review of existing management arrangements 3. Consultation with wildlife agencies on both urgent management tasks and long- term tasks First Public Outreach Meeting Draft Interim Management Plan 1. Consultant prepares draft, with emphasis on urgent tasks 2. City staff and wildlife agencies review and comment 3. Consultant makes revisions 4. Distribution and second public outreach meeting Draft Long-Term Plan, Including Financing Program 1. Consultant prepares draft 2. City staff and wildlife agencies review and comment 3. Consultant makes revisions 4. Distribution and third public outreach meeting Presentation of Plan to City Council for Adoption and Implementation Descriution of Citv Contributions to Preuaration of the Plans Although this grant does not require matching funds, the City will be contributing both staff time and cash toward preparation of the plans. The City will contribute staff time for the consultant selection process, public outreach efforts, meetings with the wildlife agencies, and review of draft and final documents. Although these contributions of staff time are not quantified in the budget, they are significant. In addition, the City anticipates that the total cost of consultant services to prepare the plan will exceed the $60,000 grant amount, and the City will contribute the amount needed up to a maximum of $37,750. Relationship to NCCP and Implementing Agreement In order to meet NCCP objectives, it will be necessary to begin active management as rapidly as possible. The City of Carlsbad’s draft Implementing Agreement calls for the Phase I (Interim) Management Plan to be completed within one year of approval of the HMP, and Phase II (Long- Term) to be completed within three years. The grant funds being applied for here would enable the P9950028 City of Carlsbad Page Six City of Carlsbad to complete both Phase I and Phase II within the first two years after approval of the HMP and to initiate implementation of the urgent management tasks as rapidly as possible. Description of the Products The products of this work effort will be Phase I and Phase II Preserve Management Plans. These plans will be adopted and implemented by the City of Carlsbad as part of the implementation of the HMP. The Phase I plan will be completed and delivered to the City and CDFG by March 1,200 1. It will be put into effect immediately upon adoption. The Phase II plan will be completed and delivered to the City and CDFG by March 1,2002. It will be implemented over time in accordance with a schedule that will be part of that plan. - P9950028 City of Carlsbad Page Seven EXHIBIT B - BUDGET ESTIMATE Subcontractor Phase I Draft Report Phase II Draft Report $30,000 $30,000 $60,000 In addition, Contractor will contribute up to $37,750 for subcontracting and/or in-kind services as described below. Phase II Draft Report $20,000 Public Meetings and Hearings $ 2,500 Operating Expenses (Travel, printing, etc.) $ 2,500 Overhead @ 15% $12,750 - PE 1 of4 Agreement No. P4950028 State of California City of Carlsbad Page Eight The Resources Agency DEPARTMENT OF FISH AND GAME STANDARD CLAUSES AGREEMENTS WITH PUBLIC ENTITIES Commencement of Work This contract is of no force and effect until signed by both parties and approved by the Department of Fish and Game and/or the Department of General Services as pursuant to PCC $9 10335,10360 and 10295. Any work initiated prior to the approval date is done at the Contractor’s own risk. Absolutely no expenses incurred prior to the effective date of this agreement will be approved for payment. Availability of Funds Work to be performed under this agreement is subject to availability of funds through the State’s normal budget process. Contractor Name Change Contractor shall provide a written notice to the State at least thirty (30) days prior to any changes to the Contractor’s current legal name. Documents and Written Reports Any document or written report prepared as a requirement of this agreement shall contain, in a separate section preceding the main bddy of the document, a disclosure statement indicating that such was prepared through agreement with the Department of Fish and Game and shall further contain the agreement number and dollar amount of all agreements and subcontracts relating to the preparation of such document or report. Inspection The State, through any authorized representatives, has the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder including subcontract supported activities and the premises in which it is being performed. If any inspection or evaluation is made by the State of the premises of the Contractor or a subcdntractor, the Contractor shall provide and shall require his subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the State representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. Nondiscrimination Clause - Excluding Contracts with Federal Entities 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), medical condition (cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. Contractors 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 subcontractor shall comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. 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 is 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 nondiscrimiriation and compliance provisions of this clause in all subcontracts to perform work under the agreement. Americans With Disabilities Act By signing this agreement, Contractor assures the state that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. Rev. 3199 PEZof4 Agreement No. P9950028 City of Carlsbad Page Nine Recycling Certification Contractor shall certify in writing under penalty of perjury that the minimum, if not exact, percentage of the materials, goods, supplies ordered, or products used in the performance of this contract meets or exceeds the minimum percentage of recycled material as defined in PCC 6 9 12 16 1 and 12200. The Contractor may certify that the product contains zero recycled content. (PCC 3 10233) Air and 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 1330 1 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. 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 (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. Year 2000 Compliance The Contractor warrants and represents that the goods or services sold, leased, or licensed to the State of California, its agencies, or its political subdivisions, pursuant to this contract are “Year 2000 compliant”. For purposes of this contract, a good or service is Year 2000 compliant if it will continue to filly function before, at, and after the Year 2000 without interruption and, if applicable, with full ability to accurately and unambiguously process, display, compare, calculate, manipulate, and otherwise utilize date information. This warranty and representation supersedes all warranty disclaimers and limitations and all limitations on liability provided by or through the Contractor. Drug-Free Workplace Requirements By signing this agreement, the Contractor hereby certifies under penalty of perjury under the State laws that the 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: 1. 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. 2. Establish a Drug-Free Awareness Program to inform employees about: a. The dangers of drug abuse in the workplace; b. The person’s or organization’s policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation and employee assistance programs’ and, d. Penalties that may be imposed upon employees for drug abuse violations. 3. Provide that every employee who works on the proposed agreement: a. Will receive a copy of the company’s drug-free policy statement; and, b. Will 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 the agreement or termination of the agreement, or both, and the Contractor may be ineligible for award of any future State agreements if the Department determines that any of the following has occurred: (1) the Contractor has made false certification, or (2) violated the certification by failing to carry out the requirements as noted above. (GC $ 8350 et seq.) Rev. 3199 . PE3of4 Agreement No. P9950028 City of Carlsbad Page Ten National Labor Relations Board Clause By signing this agreement, Contractor declares under penalty of perjury that no more than one final, unappealable finding of contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two (2) 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 5 10296) Contract Dispute Clause The State’s Contract Manager has initial jurisdiction over each controversy arising under or in connection with the interpretation, performance, or payment under this contract. The Contractor will diligently pursue with the State’s Contract Manager mutually agreeable settlement of any such controversy. In the event a dispute cannot be resolved by mutual agreement, the State’s Contract Manager shall promptly issue a written decision in the matter which shall be mailed or otherwise furnished to the Contractor and which shall inform the Contractor of his right to appeal the decision as provided herein. The Contractor shall have fifteen (15) calendar days from receipt of the decision to submit a written protest of the decision to the Deputy Director, Administration, Department of Fish and Game. The decision of the State’s Contract Manager shall be final and conclusive unless it is appealed by the Contractor within the specified period. Pending final decision of dispute hereunder, the Contractor shall proceed with the performance of this contract, unless otherwise directed by the State. Workers’ Compensation Clause Contractor agrees to the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with such provisions, and Contractor agrees to comply with such provisions before commencing the performance of the work under this agreement. Travel and Per Diem Contractor agrees that all travel and per diem paid its employees under this contract shall be at rates not to exceed those amounts paid to the State’s represented employees under collective bargaining agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. (CCR, Title 2, $ 599.615 et seq.) Use of Subcontractors If the contractor desires to accomplish all or part of the services through the use of one or more subcontractors then the following conditions must be met: 1) the contractor will competitively bid any required subcontracts; 2) the contractor shall submit any subcontracts to the State for prior approval; 3) the contract between the primary Contractor and the subcontractor must be in writing; 4) the subcontract must include specific language which establishes the rights of the auditors of the State to examine the records of the subcontractor relative to the services and materials provided under the contract; and 5) upon termination of any subcontract, the State shall be notified immediately in writing. Further, any subcontract in excess of $10,000 entered into as a result of this agreement shall contain all applicable provisions stipulated in this agreement. Audit Clause 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 pertaining to the performance of this agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years from the final payment made by the State, unless a longer period of records retention is stipulated elsewhere in this agreement. 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 of staff in any subcontract related to performance of this agreement. (GC 5 8546.7, PCC 9 IO1 I5 et seq., CCR Title 2, $ 1896.60 et seq.) Conflict of Interest-Current and Former State Employees Current State EmDlovees No officer or employee shall engage in any employment, activity, or enterprise from which the office 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. 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. (PCC 8 10410) Rev. 3J99 I PE4of4 Agreement No. P9950028 City of Carlsbad Page Eleven Former State Emdovees For the two-year period from the date he or she left State employment, no former State officer or employee may enter into an agreement 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 agreement while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State Officer or employee may enter into an agreement 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 withm the twelve-month period prior to his or her leaving State service. (PCC 6 10411) Priority Hiring Considerations If this agreement is in excess of $200,000, the Contractor agrees to give priority consideration in filling vacancies in positions funded by the agreement to qualified recipients of aid under Welfare and Institutions Code Section 11200. (PCC $10353) Amendment Clause This agreement may be amended in writing, and not otherwise, as mutually agreed upon by the parties hereto. The amendment shall be subject to the approval of the Department of General Services, unless otherwise exempted. Termination Clause The State shall have the right to terminate this agreement at its sole discretion at any time upon giving thirty (30) days written notice to the Contractor. In case of early termination, a final payment will be made to the Contractor upon receipt of a report covering costs incurred up to notice of termination, based on the portion of work completed. Rev. 3199 - SPS Agreement No. P9950028 City of Carlsbad Page Twelve State of California The Resources Agency DEPARTMENT OF FISH AND GAME SPECIAL PROVISION 8 Progress Payments/Payment Retention Clause Progress payments are partial payments of the agreement price and are based on the performance schedule in the agreement. For any contact allowing progress payments to the Contractor (monthly, quarterly, semi-annually) or other terms in which the Contractor is paid on a basis other than lump sum, each invoice for payment must be accompanied by a written description, not to exceed one page in length, of the Contractor’s performance under this agreement since the time the previous such report was prepared. The report should describe the types of activities and specific accomplishments during the period rather than merely listing the number of hours worked during the reporting period. Progress payments to Contractors for work performed or costs incurred in the performance of the agreement are allowed, provided that not less than 10 percent of the agreement amount shall be withheld pending satisfactory completion of all services under the agreement. However, if the agreement consists of the performance of separate and distinct tasks, then any funds so withheld with regard to a particular task may be paid upon completion of that task. Contractor is required to submit a final invoice for the agreement retention amount. Rev. I/99