Attachment_10_-_Sample_STD.213_and_Sample_Exhibits.pdf

2. The term of this Agreement is:

SCO ID:

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES �-----------�-------------�

STANDARD AGREEMENT

STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME

CONTRACTING AGENCY ADDRESS

PRINTED NAME OF PERSON SIGNING

CONTRACTING AGENCY AUTHORIZED SIGNATURE

CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL

AGREEMENT NUMBER

STATE OF CALIFORNIA

PURCHASING AUTHORllY NUMBER (If Applicable)

CllY STATE ZIP

TITLE

DATE SIGNED

EXEMPTION (If Applicable)

Contractor Name Agreement Number : SFBC-X-XX-XX

Page TBD

EXHIBIT A

(Standard Agreement)

SCOPE OF WORK

1. Contractor agrees to provide to San Francisco Bay Conservation and Development Commission (BCDC) facilitation services as described herein:

Preparation of new three-year strategic plan.

2. The services shall be performed as the Bay Area Metro Center, 375 Beale Street, San Francisco. The meeting location may change upon notice.

3. The project representatives during the term of this agreement will be:

State Agency: San Francisco Bay Conservation and Development Commission

Contractor: TBD

Name: Name:

Phone: 415-352-3653 Phone:

Email: v Email:

Direct all inquiries to the parties listed above.

4. Description of Represented Tasks and Deliverables

TBD

Page TBD

EXHIBIT B

(Standard Agreement)

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Invoicing and Payment

a. For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.

b. Invoices shall include the Agreement Number, date of service, a brief itemized description of the services for which payment is requested and shall be submitted in triplicate not more frequently than monthly in arrears to:

San Francisco Bay Conservation and Development Commission Attn: Contracts

375 Beale Street, Suite 510 San Francisco, CA 94105

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. Prompt Payment Clause. Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

EXHIBIT C

(Standard Agreement)

GENERAL TERMS AND CONDITIONS

PLEASE NOTE: This page will not be included with the final agreement. The General Terms and Conditions will be included in the agreement by reference to Internet site: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/Standard-Contract-Language#@ViewBag.JumpTo

Contractor Name TBD

Page TBD

EXHIBIT D

(Standard Agreement)

SPECIAL TERMS AND CONDITIONS

1. Resolution of Disputes

In the event of a dispute, Contractor shall file a "Notice of Dispute" with BCDC, Executive Director or his designee within ten (10) days of discovery of the problem. Within ten (10) days, the Executive Director or his designee shall meet with the Contractor and Project Manager for purposes of resolving the dispute. The decision of the Executive Director or his 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.

2. Evaluation of Contractor

Performance of the Contractor under this Agreement will be evaluated. The evaluation shall be prepared on Contract/Contractor Evaluation Sheet (STD 4) and maintained in the Agreement file. For consultant agreements, a copy of the evaluation will be sent to the Department of General Services, Office of Legal Services, if it is negative and over $5,000.

3. Potential Subcontractors

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.

4. Agency Liability

The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the State shall, in addition to other remedies provided by law, have the right to annul this Agreement without liability, paying only for the value of the work actually performed, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.