HomeMy WebLinkAboutReso 2002-146 RESOLUTION NO. 2002 - 146
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CI-IULA VISTA APPROVING A TWO-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND RECON
ENVIRONMENTAL SERVICES, TO PERFORM BIOLOGICAL
CONSULTING SERVICES NECESSARY TO COMPLETE THE
TASKS OUTLINED IN THE NATURAL COMMUNITY
CONSERVATION PLANNING (NCCP) GRANT AWARD
FROM THE CALIFORNIA DEPARTMENT OF FISH AND
GAME, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the City of Chula Vista City Council conditionally adopted the Draft
Multiple Species Conservation Program (MSCP) Subarea Plan on October 17, 2000; and
WHEREAS, the City of Chula Vista anticipates receiving take-authorization from the
U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish and Game
(CDFG) for its MSCP Subarea Plan in December 2002; and
WHEREAS, once the City of Chula Vista receives its take-authorization from USFWS
and CDFG, the City would be obligated to complete a baseline biological study and Area
Specific Management Directives for approximately 1,350 acres of habitat preserve land in the
Central City Preserve Management Area; and
WHEREAS, the City of Chula Vista applied for and received a grant award in the amount
of $227,666 though the CDFG's Natural Community Conservation Planning (NCCP) Grant
Program to complete such studies and plans; and
WHEREAS, the City is negotiating with and will likely enter into a contract with the
CDFG to receive the grant award; and
WHEREAS, the City of Chula Vista prepared a Request for Proposals (RFP) for the
scope of work provided in the NCCP grant and solicited proposals from 30 environmental
consulting firms; and
WHEREAS, the City of Chula Vista received five proposals and evaluated the proposals
based on specific selection criteria contained in the REP; and
WHEREAS, the Consultant was selected as the most responsive and qualified to perform
the services outlined in the detailed scope of work; and
WHEREAS, the Consultant services required involve scientific survey which is time-
sensitive, the requirements of which are described as set forth in the agreement; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in
a manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this agreement; and
Resolution 2002-146
Page 2
WHEREAS, work by Consultant under the City's standard two-party agreement will
commence only after the State has entered into a binding agreement with the City for payment of
the grant award.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a two-party agreement between the City of Chula Vista and
Consultant to perform biological consulting services necessary to complete the tasks outlined in
the NCCP grant award from CDFG, and authorize the Mayor to execute said agreement.
Presented by Approved as to form
~/,obert A. Leker JohnA~.~aheny /
Planning and Building Director Cit]f~itomey
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of May, 2002, by the following vote:
AYES: Councilmembers: Padilla, Rindone, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Davis
Shirle~
ATTEST:
Susa~ Bigelo~, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2002-146 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 7th day of May, 2002.
Executed this 7th day °f May' 2002' Aj~ L~/~/{x .~L~
Susa~ Bigelow, tAty Clerk
P0150008
City of Chula Vista
Page Four
EXHIBIT A
STATEMENT OF WORK
TASK A - BASELINE BIOLOGICAL STUDY FOR 1,350-ACRE CENTRAL CITY
PRESERVE MANAGEMENT AREA
City will hire a biological consultant to conduct a biological survey of 1,350 acres of habitat preserve
land in the Central City Preserve Management Area during the spring/summer 2002, and as needed,
follow-up spring surveys in 2003 for sensitive species and including narrow endemics. The survey
shall include the following:
1. Compile any previously existing baseline biological studies for the Central City,
including but not limited to:
1. Biological information contained in environmental documents
2. Mitigation monitoring reports
3. Survey information collected by the U.S. Geological Survey
2. Survey and map vegetation communities.
3. Survey and map extent of exotic plant invasion and provide list of exotic species
present per area/canyon.
4. Compile a species list by area/canyon.
5. Survey for nesting bird species - federal survey protocol must be used where
applicable.
6. Conduct a sensitive species count per area/canyon.
7. Identify and map predators or signs of predators, including: skunks, possum, gray
fox, coyote, and bobcats.
8. During the spring survey, identify and map the areal extent of any narrow endemic
plant species that may be detectable.
9. During the spring survey, determine the existing or potential habitat for narrow
endemic species and return to survey these areas at the appropriate time of year for
detection.
10. Survey and map trespass, vagrant encampments, dumping, and off-road vehicle use.
11. Survey and map observed road kill areas and identify potential road kill areas.
12. Survey and map permanently or potentially clogged culverts within or adjacent to the
habitat preserve that may prevent wildlife movement.
13. Map desiltation basins and channels as well as access roads to basins and channels.
PRODUCTS AND DELIVERABLES
A draft report will be provided to the City of Chula Vista and the California Department ofFish and
Game for their review and comment. (July 3I, 2003) The biological consultant shall incorporate
requested revisions into the draft report and produce a final written biological report. (September 27,
2003).
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PO 150008
City of Chula Vista
Page Five
The final written biological report will contain the following:
1. Abstract
2. Introduction that describes the purpose of the study
3. Vicinity map
4. Discussion of methods, including:
a. Date and time of site visits (in Appendix)
b. Personnel and qualifications (in Appendix)
c. Weather conditions during the survey (irt Appendix)
d. Map showing thc general location of survey mutes
5. Brief written description of the physical chazacteristics of the property from a
biological perspective, including:
a, Slope and exposure
b. Topographic characteristics
c. Water resources
d. Soil and rock types
e. Adjacent land uses
6. Written description of biological resources - Note: To the extent possible, the report
should be organized based on the four distinct M'cas which will be the subject Of the
Area Specific Management Directives (ASIVI~Ds). This will provide increased
efficiency when developing the ASMDs.
a. Botanical Resources (Flora)
i_ Describe existing vegetation communities as ,yell as disturbed areas
(use the latest S an Diego Regional Holland code classification system
for vegetation communities)
ii. List the dominant species of each vegetation community type
iii. Provide acreage of each vegetation community by area/canyon
iv. Provide acreage and number of individuals of each narrow endemic
plant species by area/canyon
v. Provide complete listing of all plant species observed per
area/canyon, including scientific and common names - indicate which
species are not native to the area (in an appendix).
vi. Characterize threats to native plant species from exotic invasive plant
species.
b. Written description of Zoological Resources (Fauna)
i. Provide a complete listing of all vertebrate species observed or
detected, including scientific and common names (in an appertdix).
ii. Identify method used to identify the species, i.e., direct sighting, scat,
calls, etc.
iii. To the extent possible, indicatc the number and location of
individuals detected or estimated.
P0150008
City of Chula Vista
Page Six
iv. Note indications of breeding activity, such a~ nests or dens.
v. Discuss invertebrates only if they are Chula Vista MSCP Covered
Species or ram, threatened, or endangered species.
c. Rare, Threatened, Endangered, Endemic and/or Sensitive Species o? MSCP
Covered Species
i. DiscuSs separately any rare, threatened, endemic, sensitive, or MSCP
Covered Species.
ii. Discuss the suitability of the habitat in each area/canyon for each type
of species listed above and the probability of the property being
utilized by smd species, particularly if the survey was done when the
species would not be identifiable.
iii. Discuss the known growth requirements of said species, including
required soil types, exposure, elevation, availability of water, etc.
Discussions of sensitive species in each of the four areas should
concentrate on the numbers or size of the populations, and their
importance or contribution to the MSCP Subarea. Surrmaaries about
a species listing, status, life history or other general reference should
be put into an Appendix.
7. GIS maps at a 1" = 200' scale, which include the following information
a. North Arrow
b. Scale
c. Date
d. Topography at I O-foot intervals ( 10-foot topography data to be provided by
the City to the subconsultant)
e. Boundary of each habitat preserve area (GIS habitat preserve boundaries to
be provided by the City to the subconsultant)
f. Boundary and identification of vegetation communities (Holland categories)
g. MSCP Covered Species (flora) and narrow endemic species locations by
points or polygons a,n appropriate
h. MSCP covered vertebrate and invertebrate species locations by points
P0150008
City of Chula Vista
Page Seven
TASK B - AREA-SPECIFIC MANAGEMENT DIRECTIVES
City will hire a biological consultant to create four distinct area-specific management directives
(ASMD) for the 1,350-acre habitat preserve in the Chula Vista Central City Preserve Management
Area (PMA).
The four separate areas to be addressed include the following:
ASMD Central City I
Includes habitat preserve east of 1-805, north of East H Street, and south of tray
Lakes Road and the City boundary in Bonita.
ASMD Central City 2
Includes habitat preserve east of 1-805, north of Telegraph Canyon Road, west of
Otay Lakes Road, and south of East H Street.
ASMD Central City 3
Includes habitat preserve cast of 1-805, north of the Otay Landfill, west of Otay
Ranch, and south of Telegraph Canyon Road.
ASMD Central City 4
Includes habitat preserve east and north of tray Lakes Road, west of Rolling Hills
Ranch, EastLake Business Park and EastLake Village Center, and south of the City
Boundary and San Miguel Ranch.
The ASMDs shall utilize the baseline biological study (described in Task A, above), and address the
following:
1. City MSCP Framework Management Plan, including:
a. Litter, materials storage, and illegal activities
b. Adjacency management issues
c. Public access, trails and recreation
d. Exotic invasives (control and removal)
e. Flood control
f. Any project-specific management requirements of conditions for coverage
2. For each identified species and those species with a reasonable potential for
occurring, describe the conditions of coverage listed in Table 3-5 of the MSCP
Subreg/onal Plan.
3. Assessment of existing maintenance, management and monitoring required as pa~rt
of rrfitigation monitoring programs or open space districts.
P0150005
City of Chula 'Vista
Page Eight
4. Other issues of concern, including:
a. Over-irrigation and th~ potential spread of non-native species
b. Recommendations for any new fencing
c. Prioritization of need for restoration and weeding per area/canyon
d. Assessment of connectivity between habitat patches and opportunities for
enhancement.
e. Floquency and extent of brush management
f. Maintenance frequency of desiltation basins, drainage channels and their
access loads.
g. Decommissioning of illegal trails
5. List of comPatible uses
6. Monitoring program
The ASMD must contain the following:
1. Introduction that describes the ASIVID
2. Vicinity map and written description of the location
3. Baseline biological information
4. Management directives in priority order
5_ Annual cost estimate to implement the management directives
PRODUCTS AND DELIVERABLES
Draft ASMDs will be provided to the City of Chula Vista and the California Department of Fish and
Game for their review and comment. (December 31, 2003) The biological consultant shall
incorporate requested revisions into the draft ASMDs and produce final ASIVIDs. (February 28,
20O4)
P0150005
City of Chula Vista
Page Nine
EXHIBIT B
BUDGET ESTIMATE
TASK A - BASELINE BIOLOGICAL STUDY
Personnel Services - Subconsultant
Senior (563 hours at $99/hour) $55,737
Research Assistant (472 hours at $50/hour) $23,600
Associate (247 hours at S87/hour) $21,489
Principal (19 hours at $127/hour) $2,413
GIS Specialist (90 hours at $52/hour) $4,680
Production. Supervisor (34 hours at $53/hour) $1,802
Subtotal - Personnel Services $109,721
Copying/Production Costs - Subconsultant $854
TOTAL TASK A $110,575
TASK B - AREA SPECIFIC MANAGEMENT DIRECTIVES
Personnel Services - Subconsultant
Senior (241. hours at $99/hour) $23,859
Associate (677 hours at $87/hour) $58,899
Principal (97 hours at $127/hour) $12,319
GIS Specialist (232 hours at $52/hour) $12,064
Production Supervisor (150 hour~ at $53/hour) $7,950
Subtotal - Personnel Services $115,091
Copying/Production Costs - Subconsultant $2,000
TOTAL TASK B $117,091
CONTRACT TOTAL $227,666
The subconsultant for this contract was selected by the City of Chala Vista through their
competitive bidding process during which they received five bids from responsible bidders.
PI~ 1 of 4 Agreement No. P01$OO0g
City of Chula Vista
Page Ten
State of California The Resources Agcncy
DEPAKTMEN-r 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 approv~:i by the Department of Fish and Game
and/or the Department of General Services as pursuant toPCC §§ 10335, 10360 and 10295. Any work initiated prior
to the approval date is dope at the Contractor's own risk- Absolutely no expenses iecun'ed 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 l~ast thirty (30) days prior to any changes to the Contractor's
current legal name.
Documents and Written Reports
Any document or wri tten report prepared as a requirement of thi s agreement shall contain, in a separate section preceding
the main body of the document, a disclosure statement indicating that such was prepared through agreement with the
Department offish and Game and shall fnrther 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 pe~ormed hereunder including subcontract supported activities and thc premises in which
it is being performed. If any inspection or evaluation is made by the State of thc premises of the Contractor or a
subcontractor, the Contractor shall provide and shall require his subcontractnrs to provide all reasonable facilities and
assistance for the safety and convenience of the State representatives in thc 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
ere, cd, national origin, physical disability (including I-lTV and AIDS), medical condition (cancer), age, marital status,
denial of family and medical care leave and denial of pregnancy disability leave. Contractors and subcontractors shah
insure that the evaluation and treatment of their employees and applicants ~or 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. Thc applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-t'), set forth in Chapter S of
Division 4 of Title 2 of the California Code ofR. egulations are incorporated into this agreement by reference and made
a part hereof as is set forth in full. Contractor and ils subcontractors shall give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or otho- agreement. Contractor shall
include thc nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the
agreement.
Americans With Disabilities Act
By signing this agreement, Contractor assur~ the state that it complies with the AmeriCans with Disabilitius 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. 3/99
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PE :2 of 4 Agreement No. P0150008
City of Chula Vista
Page Eleven
Recycling Certification
Contractor shall certify in writing under penalty of perjury that thc minlmum, if not exact, percenlage of thc materials.
goods, supplies ordered, or products used in the performance of chis contract meets or exceeds the minimum percentage
of recycled material as defined in FCC § § 12 i 61 and 12200. The Contractor may certi fy that the product contains zero
recycled content. FI'CC § 10233)
Air and Water Pollution Violation
Under thc 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 disPeL; 2) subject to cease and desist order
not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requiremenr.~
or discharge prohibitions; or 3) finally dctcrmlncd 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 thc importance of child and family support obligations and shall fully comply with all applicable state and
federal laws relating m child and family support enforceme at, 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; end (b) the Contractor, to the best of its knowledge is fully complying with the eaming~
assignment orders of all employees and is providing thc names of all new employees to the New Hire Registry maintained
by the California Employment Development Department.
Year 2000 Compliance
The Contractor warranta 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 con tract are "Year 2000 compliant". For purposes of this conltact,
a good or service is Year 2000 compliant if it will continue to fully function before, at, and after thc 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 ell warranty d isclaimers
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 thc 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, dis~ibution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employecs for violations.
2. Establish a Drug-Free Awareness Program to inform employees about:
a. The dangers of drag abuse in the workplace;
b. The person's or organization's policy of maintaining a drug-ffe~ 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 Ihe
agreement.
Failure to comply with these requirements may result in suspension of paymcnLs under the agreement or termination of
the agreement, or both, and the Contractor may be ineligible for award of any future State agreements if thc Depm'tment
determines that any of the following has occurred: (1) the Contractor has msde false certification, or I2) violated the
certification by failing to carry out the requirements as noted above. (GC § 8350 et seq.)
Rev. 3199
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PE 3 of 4 Agreement No.
City of Chula Vista
Pa~e Twelv~
Nafional Labor RelaQons Board Clause
By signing ~[s agreement, Con.actor decides under pena]~ ofpc0u~ ~at no more than one final, unapp~lablc finding
of coat.pt of cou~ by a Federal Court h~ b~n issued ~gzinst thc Contractor within the imm~iatcly pr~edlng two
(2) yc~ ~ri~ ~ca~e of Con.actor's failure ~o comply with an order of a Fedora[ Court which ordc~ Con~ctor
comply with an order of ~c National Labor ~cla[ions Board (FCC ~ t0296)
Contra~ Dispute Cla~e
Thc State's Con~ract M~nager has initial j~icfion over each con~overs7 adsin8 under or in connection
interrelation, ~ormance. or pa~ent und~ ~[s con.act. The Contractor ~11 diligently pursue ~th ~c State's
Con.act Mana~ mutually a~ble seffiement of ~ny such con~oversy. In the event a dispute cannot ~ r~ol~d by
mutual a~e~cnt, thc State's Con.act Manager shall promptly issue a written decision in the matter which shall
mailed or o~erwizc f~ishcd to the Contractor and which shall info~ ~c Con.actor of his right [o appeal ~e d~ision
as provided herein. The Con.actor shall have fifte~ (tS) c~lcnd~ days from r~eipt of the decision to submit a ~ttcn
protest of the d~ision to the Depu~ Dir~tor. Adminis~ation, Dcpa~mcnt offish and Game. Thc decision of thc State's
Con.act Manag~ shall bc final and conclusive unless it is appealed by thc Con.actor within thc specified peri~.
Pending final decision of dispute hereunder, thc Conwactor shall procc~ with the pe~ormance of this contrac~ unless
otherwise directed by the
Workers' Compensation Cla~e
Con.actor agrc~ to ~c provisio~ of S~fion 37~ of the Labor Code which require cw~ employer to
against liability for workers' compen~Qon, or to unde~kc self-insurance in accordance ~th such provisions, and
Con.actor a~ees to comply with such provisions before co~encing the penn.once of thc work under ~is a~ecmen[.
Travel and Per Diem
Con.actor a~ccs that all ~avel and per diem paid its employees under this con.act shall be at rat~s not to exce~
amounts paid to the Sta~'s repr~ented employees under collective bargaining a~ccmcn~ cu~cnQy in effect. No ~avcl
ou~ide the S~[e of California shall be reimbursed unless prior ~it[en authodz~Qon is obtained from ~c State.
(CCR. Title ~, ~ 599.615 ct seq.)
~se of Subcontractors
If the contractor deslr~ [o accomplish all or part of th~ ss~ices ~rough thc usc of one or more subcon~actors then the
following conditions must be met: 1) thc con.actor will competitively bid any required subcontracts; 2) the con.actor
shall submit any subcon~acts to thc State for prior approval: 3) the contract between the prima~ Contractor and thc
subcontractor m~st be in ~[ing; 4) the subcontract must include specific language which c~t~bli~hcs thc rights of
auditors of thc State to examine thc r~cords of thc Subcontractor relative to ~c services and matcria[s provided ~dc~
~c con.act; and 5) upon to. nation of any subcon~act, thc State shah bc notified immediately in wHtln~. Further. any
subcontract in excess of $10,0~ catered into as a result of this a~ccmcnt shall contain all applicable provisions
stipular~ in this a~ccment.
Audit Cla~e
Contractor ogres that thc aw~ding deponent, the Depa~ment of General So.ices, the Bureau of S[a~c Audi~. or their
d~ignated repr~emadve shall have thc right to review and to copy any records pc~ining to thc penn.anco of ~is
agreemenb Con.actor agre~ [o maintain such records for possible audit for a minimum of three (3) ye~s from the final
payment ~dc by the State, units a longer period of records retention is stipulated elsewhere in this a~ccment.
Contractor a~e~ to allow the auditor(s) access ~o such records during normal business hours and to allow in[erviews
of any employ~s who might reasonably have information minted to such records. Further, Con.actor a~s to include
a similar right of thc State m audit records and [mervicw of staff in any subcontract related to pe~o~ance of ~is
a~eement. (~ ~ 8546.7, FCC ~ 10115 et seq,, CCR Title 2, ~ 1896,60 ct seq.)
Conflict of l~terest-Current and Former State Employees
Current
No officer or employee shn~] engag~ in any employment, activity, or enterprise from which the office or employee
receives compensation or has a financial imerest and which is sponsored or fu.ded by any State agency, u~s
employment, activity, or cntc~dsc is ~quircd as a condition o[ regular S~t~ employment. No officer or employee shall
contract on his or her own bchal[as an independent conwactor with any State agency to provldc g~s or scr~c~.
(FCC ~ 10410)
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PE 4 of 4' Agreement No. P015000B
City of Chula Vista
Page Thirxeen
Former State Employer~
For the two-year period from thc dat~ he or she left State employment, no former State officer or employee may enter
inn an agreement in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any
par~ of the decision-making process relevant to the agreement while employed in any capacity by any State agency.
For the twelve-month period f~om 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 within the twelve-month period prior to his or her leaving State
service. (FCC §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 § t0353)
Amendment Clause
This agreement may be amended in writing, and not otherwise, as mutually agzeed 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 a~ any time upon giving ~hJrty (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 repor~ covering costs incurred up to notice of termination, based on the portion of work completed.
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SP 8 Agreement No. P0150008
City of Chula Vista
Page Fourteen
State of California The Resources Agency
DEPARTMENT OF FISH AND GAME
SPECIAL PROVISION 8
Progress Payments/Payment Retention Clause
Progress payments arc partial payments of the agreement price and are based on the performance/schedule in the
agreement. For any contact allowing pmgre,qs payments to the Contractor (monthly, quarterly, semi-annually) or other
terms in which thc Contractor is paid on a basis other than lump sum, each invoice for payment mu.ut 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 typc~ 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 thc performance of the agreement arc allowed,
provided that not less than I 0 percent of the agreement amount shall be withheld pending satisfactory completion of all
services under the agreement, blowcvcr, if thc agreement consists of the per forrmmce of separate and distinct tasks, then
any fund~ so withheld with regard to s particular task may be paid upon completion of that task.
Contractor is required to submit a final invoice for the agreement retention amounL
Rev, 1/99