HomeMy WebLinkAboutC-3460(I) - Standard Agreement P0180115 (for Planning and Design Services for a Marine Studies Center)�rt7c C` ;ALI`=ORNIA
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STANDARD AGREEMENT— 1OVEDBYTHE
CONTRACT NUMBER AM. NO.
ASTD. 2 (REV.5•91) AJRNEY GENERAL P0180115
9 TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
�- 53-0242652
ItnTHIS AGREEMENT, made and entered into this 1 St day of May 2002
Uin the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Director Department of Fish and Game hereafter called the State, and
CONTRACTOR'S NAME
of Newport Beach
, 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 fumish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor,
time for performance or completion, and attach plans and specifications, if any.)
The Department of Fish and Game, hereinafter State, hereby enters into an agreement with
the City of Newport Beach, hereinafter City, to provide planning and design services for a
Marine Studies Center at Upper Newport Bay Ecological Reserve in accordance with work
outlined in Exhibit A, which by this reference is incorporated in the agreement.
2. The term of this agreement shall be from May 1, 2002, through February 28, 2003.
3. The statement of work is outlined in Exhibit A, which is attached and made a part of this
agreement by this reference.
4. The State agrees to pay the City an amount not to exceed THREE HUNDRED SIXTY NINE
THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($369,600.00) which is inclusive
of wages, salaries, fringe benefits, expenses, and indirect costs equal to 5 percent set forth
in Exhibit B, which is attached and made part of this agreement by this reference.
CONTINUED ON 1 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.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
Department of Fish and Game
CONTRACTOR (rfother than an individual, state whether Corporation, partnership, etc.)
City of Newport Beach
BY HORIZED SIGNATURE)
uaat-u
BY (AUTHORIZED S ATU
Michael F. Harris
Tod W. Re dqpwa Mor
TITLE
Deputy Director, Administration
ADDRESS
3300 Newport Boulevard, Newport Beach, CA 92658
DOCUMENT PROGRAM/CATEGORY (CODE AND TITLE)
$117,000 mourn) rt
PRIOR AMOUNT ENCUMBERED FOR (OPTIONAL USE)
THIS CONTRACT CV r)i rr17 _ (t117 r)rVl• C
FUND TITLE Department of General Services
„______I Use Only
11,E PROVE®
$0 2001 11111L-_
TOTAL AMOUNT ENCUMBERED TO
DATE OBJECT OF EXPENDITURE (CODE AND TITLE)
$117,000 J200/418/C 1 503/311148
0.
1 hereby certify upon my own personal knowledge that budgeted funds
are available for the period and purpose of the expenditure stated above.
SIGNATURE OF_ICCOUNTING OFFICER
X
❑ CONTRACTOR ❑ STATE QENCY
DATE '
❑ DEPT. OF GEN. SER. ❑ CONTROLLER
FEB - 6 2003
DEPT OF GENERAL SERCES
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City of Newport Beach -2- P0180115
5. City shall comply with the Standard Clauses and/or Special Provisions, which are attached
and made a part of this agreement by this reference: "Standard Clauses- Agreements with
Public Entities", PE 1 -3, and Multi -Year Language, SP 2.
6. The State intends to implement this agreement through two State administrators, herein
called Contract Managers. The Contract Managers shall make all determinations and take
all actions as appropriate under this agreement, subject to the limitations of State
administrative regulations. No decisions of persons other than the Contract Managers,
unless expressly delegated in writing, shall be binding on the Contract Managers or the
State.
7. The State's Contract Managers are Ms. Kari Lewis, Department of Fish and Game, Lands
and Facilities Branch, 1812 Ninth Street, Sacramento, California 95814, telephone (916)
445-3789, and Ms. Terri Stewart, Department of Fish and Game, South Coast Regional
Headquarters, 4949 Viewridge Avenue, San Diego, California 92123, telephone (858) 467-
4209.
8. City's Contract Manager is Mr. Dave Kiff, Assistant City Manager, City of Newport Beach,
3300 Newport Boulevard, Newport Beach, California 92658, telephone (949) - 6443002.
9. This agreement is of no force or effect until approved by the Department of Fish and Game
and, if applicable, the Department of General Services.
10. Invoices shall be submitted no more often than monthly, in arrears, and shall bear reference
to P0180115, the contract number assigned to this agreement, and an itemized listing of
direct expenses and the indirect cost applied. Invoices shall be addressed to: Ms. Kari
Lewis, Department of Fish and Game, Lands and Facilities Branch, 1812 Ninth Street,
Sacramento, California 95814.
11. It is mutually understood between the parties that this agreement may have been written
before ascertaining the availability of funds for the mutual benefit of both parties in order to
avoid program and fiscal delays which would occur if the agreement were executed after
that determination was made.
This agreement is valid and enforceable only if sufficient funds are made available to the
agency by the Legislature for the fiscal year(s) covered by this agreement for the purpose of
this program in accordance with the attached Special Provision "Contract Written Prior to
Approval of the Budget Act".
It is mutually agreed that if the Legislature does not appropriate sufficient funds for the
program, this agreement shall be amended to reflect any reduction in funds.
12. This agreement may be amended with mutual consent of both parties, and the approval of
the Department of General Services if required by State law or policy.
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City of Newport Beach P0180115
EXHIBIT A
Statement of Work
The Department of Flsh and Game (DFG or Department) hereby contracts with the City of Newport
Beach (City) for pre - planning and project design services for a Marine Studies Center (MSC) and site
improvements to support environmental conservation and education at Upper Newport Bay Ecological
Reserve on Shellmaker Island. The work shall include the following tasks:
Task 1— Project ManagemenUPlanning and Design Services
A. Project Manager. The City shall retain a project manager to oversee the planning and
design of the MSC and related site improvements at Shellmaker Island. City shall employ
the project manager within 90 days of the award of the contract.
B. Architect. City shall retain an architect to conduct planning and design of the MSC and
related site improvements at Shellmaker Island within 90 days of the award of the contract.
C. City shall submit monthly progress reports to DFG Contract Managers outlining the activities
performed under this contract.
D. City shall meet with DFG Contract Managers upon execution of this contract and as
necessary in up to three additional meetings throughout the term of the contract.
Task 2 — Site Surveys and Reports
The City shall complete necessary studies and surveys to assess the feasibility and cost of
constructing and operating facilities and related improvements on Shellmaker Island. In Task 2, the
City or its contractors shall:
A. Retain consultants to conduct geotechniical investigations and prepare utility survey reports
and plans.
B. Perform biological and archaeological surveys.
C. Review and report on the proposed location of a temporary water quality lab as it relates to
potential conflicts with construction and short-term operation of the MSC and related
facilities.
D. Review reports, evaluate constraints, and prepare a preliminary report on the feasibility and
cost of the MSC Project.
E. Review and document site and facilities needs of the MSC partners.
A -1
City of Newport Beach P0180115
F. Upon release of a report confirming the feasibility of construction and operation of the MSC
and related facilities, and DFG approval of such report, prepare conceptual site plans
showing proposed locations of facilities and improvements and outlining uses each facility
element will support.
G. Provide conceptual site plans to the MSC partners for review.
Task 3 — Schematic Design
This task involves the preparation and refinement of schematic designs for the MSC and related site
improvements. Upon completion of Tasks 1 and 2 in their entirety, the City, architect and project
managers shall:
A. Meet as necessary with the MSC partners and consultants to refine conceptual site plans
with respect to the constraints of the site and integration of programmatic elements,
including, but not limited to habitat restoration, interpretive areas and trails.
B. Upon agreement of the MSC partners on building space needs, architect will develop
schematic floor plan alternatives for the MSC in consideration of comments from the
partners on programmatic elements and related exhibits.
C. Review flood requirements and develop preliminary grading concepts.
D. Prepare a rendering of the facility as viewed from neighboring communities and construct a
rough study model of the proposed facility and improvements for public review and
comment.
E. Prepare design and construction alternatives that could be incorporated to achieve water
quality and energy conservation goals.
F. Estimate construction and operating costs, including utilities, equipment, furniture, fixture and
exhibit design costs.
G. Prepare schematic designs and review them with the MSC partners and neighboring
communities.
H. Refine schematic designs to address input received during the review process and obtain
Department approval of the designs.
Task 4 — Environmental Document Preparation and Permitting
Following Department approval of schematic designs, this task involves preparing project
descriptions, preparing environmental documents, and applying for permits.
A -2
City of Newport Beach
P0180115
A. Work under this contract, except planning and feasibility studies for the MSC, shall be
contingent upon and subject to environmental review under the California Environmental
Quality Act (CEQA). Nothing contained in this contract, nor in the relationship between the
Department and the City created hereby, shall impose any constraint or limitation upon the
Department with respect to the conduct and discharge of its legal responsibilities, including
without limitation those arising under CEQA.
B. The City shall prepare any plans or reports necessary to compliment the schematic design
so the City can prepare appropriate environmental documentation and apply for permits on
behalf of DFG. Specific plans may include, but are not limited to preliminary floor plans for
the structures, preliminary sections and elevations for the structures, building material and
roof design options, hardscape design and construction options and more detailed
information related to exhibits.
C. The City shall prepare, on behalf of DFG, the lead agency, an environmental document
pursuant to the California Environmental Quality Act (CEQA) for the proposed MSC Project.
The content of the environmental document shall reflect the independent judgment of DFG
as lead agency. The City, as a consultant to the Department for purposes of CEQA, shall
work with the Department and shall act on behalf of the Department as needed to perform
activities including, but not limited to: (1) providing notices required under CEQA for the
proposed project; (2) providing notice of, and facilitating, any public meetings under CEQA
related to the proposed project; (3) filing and distributing various documents required by
CEQA to, among others, the County Clerk and State Clearinghouse at the Govemor's Office
of Planning and Research; and (4) preparing proposed responses to comments submitted to
the Department under CEQA concerning or relevant to the proposed project.
D. On behalf of DFG, the City shall prepare documents, applications and submittals necessary
to obtain all permits required to construct the MSC and site improvements, including Coastal
Development Permits and permits necessary to enhance or restore wetlands around
Shellmaker Island.
A -3
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City of Newport Beach
EXHIBIT B
Estimated Budget
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P0180115
Phase 1: Project Management, Planning and Design, Site Surveys and Reports (Tasks 1 -2) —
May 1, 2002 - August 31, 2002
Wages and Benefits:
Project Manager - Planning, Design $ 3,000
Additional Staff Time * $ 2,000
Total Wages and Benefits $ 5,000
Operating Expenses (Travel, office rental & supplies, phone) $ 2,000
Contract/Professional Fees (surveys, planning, design, materials) $ 160,000
Total Direct Costs $ 167,000
Indirect Costs @ 5% $ 8,350
Total Costs — Phase 1 $ 175,350
Phase 2: Schematic Design (Task 3) — September 1, 2002 -December 31,200
Wages and Benefits:
Project Manager - Planning, Design $ 4,000
Additional Staff Time * $ 3,000
Total Wages and Benefits $ 7,000
Operating Expenses (Travel, office rental & supplies, phone) $ 2,000
Contract(Professional Fees (surveys, planning, design, materials) $ 105,000
Total Direct Costs $ 114,000
Indirect Costs @ 5% $ 5,700
Total Costs — Phase 2 $ 119,700
Phase 3: Environmental Document Preparation and Permitting (Task 4) — September 1, 2002 -
February28, 2003
Wages and Benefits:
Project Manager - Planning, Design $ 2,000
Additional Staff Time * $ 3,000
Total Wages and Benefits $ 5,000
Operating Expenses (Travel, office rental & supplies, phone) $ 1.000
Contract/Professional Fees (surveys, planning, design, materials) $ 65,000
Total Direct Costs $ 71,000
Indirect Costs 0 5% $ 3,550
Total Costs — Phase 3 $ 74,550
TOTAL PROJECT COST
$ 369,600
Planning and design will Involve additional staff in the following technical areas. Architecture, Engineering,
Geology, Biology, Archaeology, Administration.
El
PEIof3
State of California
DEPARTMENT OF FISH AND GAME
STANDARD CLAUSES
AGREEMENTS WITH PUBLIC ENTITIES
• Agreement No. P0180115
The Resources Agency
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 §§ 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 body 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 subcontractor,
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.
Nondiscrihination Clause - Excluding Contracts with Federal Entities
During the perfomaance 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 pan 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 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 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.
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 §§ 12161 and 12200. The Contractor may certify that the product contains zero
recycled content (PCC § 10233)
Rev. 1/99
PE2of3
0 Agreement No. P0180115
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 13301 of the Water Code for violation of waste discharge requirements or
discharge prohibitions; or 3) fatally 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 Aire Registry maintained by the California
Employment Development Department.
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 cainseling, 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.)
National Labor Relations Board Clause
By signing this agreement, Contractor declares under penalty of perjury that no more than one final, unappealable fording of
contempt of court by a Federal Court has been issued against the Contractor within the immediately preceding two (2) year
period because of Contractors failure to comply with an order of a Federal Court which orders Contractor to comply with an
order of the National Labor Relations Board (PCC § 10296)
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 Contact Manager shall promptly issue a written decision in the matter which shall be mailed or
otherwise famished 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.
Rev. 1199
PE 3 of 3 • Agreement No. PO180115
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 § 8546.7, PCC
§ 10115 et seq., CCR Title 2, § 1896.60 et seq.)
Conflict of Interest - Current and Former State Employees
Current State Employees
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 § 10410)
Former State Employees
For the two-year period from the date he or she left State employment, no fomter 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 within the twelve -month period prior to his or her leaving State service.
(PCC §10411)
Priority Firing 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. 1/99
0 0
SP 1
State of California
DEPARTMENT OF FISH AND GAME
SPECIAL PROVISION 1
Contract Written Prior to Approval of the Budget Act
Agreement No. P0180115
The Resources Agency
It is mutually understood between the parties that this agreement may have been written prior to approval of the
Budget Act for the mutual benefit of both parties in order to avoid program and fiscal delays.
This agreement is valid and enforceable only if sufficient funds are made available by the Budget Act for the Fiscal
Year(s) involved for the purposes of this program. In addition, this agreement is subject to any additional
restrictions, limitations, or conditions enacted by the Legislature and contained in the Budget Bill or any statute
enacted by the Legislature which may affect the provisions, terms, or funding of this agreement in any manner.
Further, it is mutually agreed that if the Budget Act does not appropriate sufficient funds for the program, this
agreement shall be invalid and of no further force and effect. In this event, the State shall have no liability to pay any
fiords whatsoever to the Contractor or to furnish any other considerations under this agreement, and the Contractor
shall not be obligated to perform any provisions of this agreement.
Rev. 1/99
SP 2
State of California
DEPARTMENT OF FISH AND GAME
SPECIAL PROVISION 2
Multi -Year Language
Agreement No. P0180115
The maximum amount payable under the terms of this agreement shall not exceed $369,600.00
The Resources Agency
Of this amount, the maximum amount payable for the 2001 -02 Fiscal Year ending June 30, 2002, shall not exceed
$117,000.00. The maximum amount payable for the 2002 -03 Fiscal Year ending June 30, 2003, shall not exceed
$252,600.00.
Said amounts shall not exceed the amounts delineated in the attached budget, Exhibit B.
Further, payment for services perforated beyond fiscal years is contingent upon and is subject to the availability of funds
and approval of the Budget Act for each State Fiscal Year involved in this agreement.
It is mutually agreed that if the Budget Act does not appropriate sufficient funds for the program, this agreement shall be
amended to reflect any reduction in funds.
The State has the option to avoid this agreement under the thirty (30) day cancellation clause or to amend this agreement
to reflect any reduction of funds.
Rev. 1/99