Description (Provide a basic but comprehensive description of services)
Understanding habitat, breeding ecology, and diseases of feral swine in Michigan to inform effective management
Initial Term
4 years - 10 months
Effective Date
December 1, 2013
Initial Expiration Date
September 30, 2018
Available Options
1 – 1 year option
Payment Terms
Net 45
F.O.B.
N/A
Shipped
N/A
Shipped From
N/A
Minimum Delivery Requirements
N/A
Alternate Payment Options
P-Card Direct Voucher (DV)
Available to MiDeal Participants
Yes No
Miscellaneous Information
The terms and conditions of this Contract are those of RFP – Call for Project with the due date of May 11, 2012, this Contract Agreement, and the Contractor's proposal as negotiated. In the event of any conflicts between the specifications, and terms and conditions, indicated by the State and those indicated by the Contractor, those of the State take precedence.
ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION: $541,629.00
Michigan Department of Natural Resources – Procurement Services
P.O. Box 30028, Lansing, MI 48909
OR
530 W. Allegan, Lansing, MI 48933
CONTRACT NO. 751B4300008
Between
STATE OF MICHIGAN
and
Required by authority of 1984 PA 431, as amended.
Name and Address of Contractor
Primary Contact
Diane Cox
Lisa Somers
Michigan State University
Department of Fisheries and Wildlife
9A Natural Resources Bldg.
East Lansing, MI 48824
Email
Coxd@osp.msu.edu
Telephone
(517) 884-4243
Contractor #, Mail Code
State Contact
Agency
Name
Telephone
Email
Contract Compliance Inspector
DNR
Stephen Beyer
(517)241-0533
Beyers1@michigan.gov
Buyer
DNR
Jana Harding-Bishop
(517)373-1190
HardingJ3@michigan.gov
Contract Summary
Description (Provide a basic but comprehensive description of services)
Understanding habitat, breeding ecology, and diseases of feral swine in Michigan to inform effective management
Initial Term
4 years - 10 months
Effective Date
December 1, 2013
Initial Expiration Date
September 30, 2018
Available Options
1 – 1 year option
Payment Terms
Net 45
F.O.B.
N/A
Shipped
N/A
Shipped From
N/A
Minimum Delivery Requirements
N/A
Alternate Payment Options
P-Card Direct Voucher (DV)
Available to MiDeal Participants
Yes No
Miscellaneous Information
The terms and conditions of this Contract are those of RFP – Call for Project with the due date of May 11, 2012, this Contract Agreement, and the Contractor's proposal as negotiated. In the event of any conflicts between the specifications, and terms and conditions, indicated by the State and those indicated by the Contractor, those of the State take precedence.
ESTIMATED CONTRACT VALUE AT TIME OF EXECUTION: $541,629.00
THIS IS NOT AN ORDER: This Contract Agreement is awarded based on our Call for Project RFP with a due date of May 11, 2012. Orders for delivery will be issued directly by the Michigan Department of Natural Resources through the issuance of a Purchase Order Form.
All terms and conditions of the invitation to bid are made a part hereof.
Diane Cox, Senior Contract and Grant Administrator
DNR Finance and Operations/Procurement
Authorized Agent (Print or Type)
Division/Section
12/2/13
12/3/13
Date
Date
STATE OF MICHIGAN TERMS AND CONDITIONS IA PURPOSE
This contract consists of the State of Michigan’s (State) terms and conditions and the work statement (Appendix A). This contract constitutes the complete and exclusive agreement and understanding of the parties as it relates to this transaction. This contract supersedes all proposals, or other prior agreements, and all other communications between the parties relating to this transaction. If there is a conflict between the State’s terms and conditions and the Contractor’s Proposal, the State’s terms and conditions shall take precedence.
The purpose of this contract is to obtain the services of the Department of Fisheries and Wildlife at Michigan State University to conduct research titled: Understanding habitat, breeding ecology, and diseases of feral swine in Michigan to inform effective management in collaboration with Wildlife Division of the Michigan Department of Natural Resources (DNR). Project completion date is September 30, 2018.
I-B ISSUING OFFICE/CONTRACT ADMINISTRATOR
This contract is issued by the State of Michigan, Department of Natural Resources, Financial Services (FS) for Wildlife Division (WLD).
FS is the only office authorized to change, modify, amend, alter, clarify, etc., the prices, specifications, terms, and conditions of this contract. All requests for changes, modifications, amendments, etc. must be addressed to:
Jana Harding-Bishop
DNR, FS
6th Floor, Mason Building
P.O. Box 30028
Lansing, MI 48909
(517) 373-1190
IC CONTRACT STAFFING
Upon receipt of the properly executed contract agreement, it is anticipated that the person named below or any other person so designated be authorized to oversee the contract on a daytoday basis during the term of the contract. However, oversight of this contract implies no authority to change, modify, clarify, amend, or otherwise alter the prices, terms, conditions, and specifications of this contract.
The DNR contract manager is: Stephen Beyer
Department of Natural Resources
Wildlife Division
P.O. Box 30444
Lansing, MI 48909
Telephone: (517) 241-0533
Fax: (517) 373-6705
Email: beyers1@michigan.gov
The MSU Principal Investigator (MSU-PI) for this project is listed below. This person is responsible for the administration and research of the project. The MSU-PI does not have the authority to change, modify, clarify, amend, or otherwise alter the prices, terms, conditions, and specifications of the contract as that authority is retained by MSU - Office of Sponsored Programs.
Dr. Gary Roloff
Department of Fisheries and Wildlife Services
Michigan State University
9A Natural Resources Bldg.
East Lansing, MI 48824
Telephone: (517) 432-5236
Email: roloffg@msu.edu
Partners: Dr. Robert Montgomery
Department of Fisheries and Wildlife Services
Michigan State University
9A Natural Resources Bldg.
East Lansing, MI 48824
Telephone: (517) 355-4478
Email: montg164@msu.edu
Dr. Karmen Hollis
Biology Department, University of Michigan – Flint
264 Murchie Science Building
303 East Kearsley Street
Flint, MI 48502
Telephone: (810) 762-3360
Email: kahollis@umflint.edu
Dr. Kurt VerCauteren
USDA – Wildlife Services, National Wildlife Research Center
Specific program objectives and deliverables are detailed in the attached statement of work (ATTACHMENT A).
IE DELIVERABLES
The MSU PI is responsible for providing annual progress reports, and a final report to the DNR contract manager in written and electronic format by the specified dates(s). A template for these reports will be provided by the DNR contract manager and submitted reports must use the template or contain all information requested on the template. The reports shall be mailed and transmitted electronically to the DNR contract manager listed in I-C. Deliverables:
Quantification of feral swine hourly, daily, and seasonal movements and habitat use patterns with respect to land ownership, land cover type, proximity to domestic swine facilities, and proximity to urban areas.
Identification of the spatial extent of feral swine rooting activities and quantification of seasonal shifts in feeding sites of feral swine.
Estimates of seasonal feral swine herd size.
Quantification of feral swine dispersal capabilities and potential dispersal routes including GIS layers and associated metadata.
GIS layers and associated metadata of the resource selection function (i.e., predictive model) that portrays the likelihood of feral swine habitat use in Michigan.
Description of the efficacy of various techniques for controlling feral swine populations.
Description of changes in feral swine activity and habitat use patterns as population control activities increase.
Quantification of the presence of diseases and parasites in feral swine.
Description of potential disease transmission routes and risk assessment from feral swine to wildlife, livestock, and/or humans (zoonoses).
All compiled files of raw data and databases created from this project are to be deposited with MDNR by the contract end date.
An executive summary of project results. The executive summary will provide MDNR personnel with a review of the project, referenced to theses, publications, and reports.
As requested by MDNR, Microsoft power-point presentations of project results.
As requested by MDNR, PIs will present results to MDNR Staff, Stakeholder Groups and the Natural Resources Commission.
Annual Progress Report September 30, 2014
Annual Progress Report September 30, 2015
Annual Progress Report September 30, 2016
Annual Progress Report September 30, 2017
Final Report and Executive Summary September 30, 2018
Final payment will be withheld until final report is submitted. Electronic data files and mapping products will be shared in electronic format with the DNR contract manager.
IF PROJECT CONTROL AND REPORTS
The Contractor will carry out this project under the direction and control of the DNR, Wildlife Division.
The DNR contract manager will meet as needed with the PI for the purpose of reviewing progress and providing necessary guidance in solving problems that arise.
The PI will submit deliverables as listed in Section I-E above, and identify any problems, real or anticipated, which should be brought to the attention of the DNR contract manager to insure that the contract remains on schedule and will be completed as scheduled.
I-G PRICE PROPOSAL
This is a fixed price contract, and Contractor may invoice at the end of each fiscal quarter (December 31, March 31, June 30, and September 30) for 25% of the annual DNR contribution to the study (the contract cost). Contractor’s fiscal contribution to this study (34%) is the waiver of normal overhead charges per the Agreement between MSU and DNR, executed 1984, as amended.
I-H MODIFICATIONS OF CONTRACT
This contract may be modified if any changes proposed by either party are requested in writing and mutually agreed to by the official representative of the Contractor shown in this contract and the DNR contract administrator. This request is not valid until it is signed by all parties, a Contract Change Notice is issued by the Issuing Office, and a Purchase Order is issued by the DNR.
I-I NO WAIVER OF DEFAULT
The failure of a party to insist upon strict adherence to any term of this contract shall not be considered a waiver or deprive the party of the right thereafter to insist upon strict adherence to that term, or any other term, of this contract.
I-J SEVERABILITY
Each provision of this contract shall be deemed severable from all other provisions, and if one or more of the provisions shall be declared invalid, the remaining provisions of this contract shall remain in full force and effect.
I-K HEADINGS
Captions and headings used in this contract are for information and organization purposes. Captions and headings, including inaccurate references, do not, in any way, define or limit the requirements or terms and conditions of this contract.
I-L RELATIONSHIP OF THE PARTIES
The relationship between the State and the Contractor is that of client and independent contractor. No agent, employee, or servant of the Contractor or any of its subcontractors shall be or shall be deemed an employee, agent, or servant of the State for any reason.
I-M COST LIABILITY
The State of Michigan assumes no responsibility or liability for costs incurred by the Contractor prior to the signing this contract. Total liability of the State is limited to the terms and conditions of this contract.
I-N CONTRACTOR RESPONSIBILITIES
The Contractor is responsible for the performance of all of its obligations under this contract, whether the obligations are performed by the Contractor or a subcontractor. The State reserves the right to approve any subcontractor hired to perform the Contractor’s obligations under this contract, and the right to require the Contractor to replace any subcontractor deemed unacceptable by the State. The Contractor is exclusively responsible for adherence by subcontractors to all provisions of this contract. Further, the State will consider the Contractor to be the sole point of contact with regard to contractual matters, including but not limited to payment of any and all costs resulting from the contract.
I-O INFORMATION RELEASE / OWNERSHIP
News Releases
News releases pertaining to this Contract or the services, study, data, or project to which it relates will not be made without prior written State approval, which will not be unduly withheld.
Publication
The Contractor will not use, release, or publish any analyses, findings, results, or techniques developed under this agreement, or any information derived therefrom until such analyses, findings, or techniques have been reported to the State in the manner prescribed by this agreement and have become public domain. These analyses, findings or techniques will be considered in the public domain when: 1) they are submitted to the State and receive positive action, 2) they are formally accepted by the State, or 3) forty-five (45) days elapse after submission to the State, whichever of the three may occur first. No material may be published that is exempt from disclosure under Public Act No. 442 of l976, known as the "Freedom of Information Act," without express permission from the State. The Contractor will provide the State, for its review, copies of all presentations or articles being submitted for publication at least thirty (30) days in advance. Review of materials will be handled expeditiously and approval will not be unduly withheld. Co-authorship on any presentations at professional meetings and publications resulting from this project will be agreed upon by the Co-PIs.
Acknowledgement of State Participation/Support
All publications or oral presentations concerning the analyses, findings, results, or techniques developed under this contract will contain an acknowledgement, of the State's participation and support unless the State requests in writing that their participation and support not be acknowledged. Furthermore, Contractor may not receive fees for any article in excess of the cost of preparation of published article and excluding the cost of the research and compilation that was compensated under the contract.
Ownership of Samples\Equipment
Any samples provided by the DNR for use under this contract will remain the sole property of the DNR and must be returned upon the request of the DNR Project Manager
At the end of the project period, the DNR will retain ownership of any supplies/equipment purchased with funding under this contract and for the purposes of the project which are not consumed while completing the project. The supplies/equipment must be returned to the State upon the request of the DNR Project Manager.
I-P DISCLOSURE
All information in this contract is subject to the provisions of the Freedom of Information Act, 1976 Public Act No. 442, as amended, MCL 15.231, et seq.
I-Q ACCOUNTING RECORDS
The Contractor will be required to maintain project records pertaining to Appendix A 'Work Statement' for three (3) years from the expiration date of this contract, which access shall be made available to the State upon reasonable notice to Contractor.
I-R AUDIT OF CONTRACT COMPLIANCE
The Contractor agrees that the State may, upon 24-hour notice, perform an audit at Contractor’s location(s) to determine if the Contractor is complying with the requirements of this contract. The Contractor agrees to cooperate with the State during the audit and produce all records and documentation that verifies compliance with the requirements of this contract.
I-S SAFETY AND ACCIDENT PREVENTION
In performing work under this contract on State premises, the Contractor shall conform to any specific safety requirements contained in this contract or as required by law or regulation. The Contractor shall take any additional precautions as the State may reasonably require for safety and accident prevention purposes. Any violation of such safety requirements, rules, laws, or regulations shall be a material breach of this contract and shall be grounds for cancellation of this contract in accordance with the Cancellation provisions contained herein.
I-T TAXES
Employment Taxes
Contractors are expected to collect and pay all applicable federal, state, and local employment taxes.
Sales and Use Taxes Contractors are required to be registered to remit sales and use taxes on taxable sales of tangible personal property or services delivered into the State.
I-U GENERAL INDEMNIFICATION
Each party to this contract must seek its own legal representative and bear its own costs; including judgments, in any litigation that may arise from performance specific to each party’s responsibilities. It is specifically understood and agreed that neither party will indemnify the other party in such litigation.
I-V INSURANCE REQUIREMENTS
The Contractor shall purchase and maintain such insurance as will protect them from claims set forth below which may arise out of, or result from, the Contractor's operations under the Contract (Purchase Order), whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable:
NOTE: CONTRACTOR MAY SUBMIT EVIDENCE OF SELF-INSURANCE AND/OR AMENDMENT OF EXISTING LIABILITY COVERAGE IN FULFILLMENT OF ABOVE PROVISIONS, IF THE STATE ACCEPTS THE EVIDENCE OR AMENDED LIABILITY COVERAGE AS PROVIDING COMPARABLE PROTECTION OF THE STATE’S INTEREST.
The Contractor is required to provide proof of the minimum levels of insurance coverage as indicated below. The purpose of this coverage shall be to protect the State from claims which may arise out of, or result from, the Contractor’s performance of services under the terms of this Contract, whether such services are performed by the Contractor, or by any subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable.
The Contractor waives all rights against the State of Michigan, its departments, divisions, agencies, offices, commissions, officers, employees, and agents for recovery of damages to the extent these damages are covered by the insurance policies the Contractor is required to maintain pursuant to this contract, unless such damages are the result of the negligence or omission of the State of Michigan.
The insurance shall be written for not less than any minimum coverage herein specified or required by law, whichever is greater.
BEFORE THE CONTRACT IS SIGNED BY BOTH PARTIES OR BEFORE THE PURCHASE ORDER IS ISSUED BY THE STATE, THE CONTRACTOR MUST FURNISH TO THE DNR, FS, CERTIFICATE(S) OF INSURANCE VERIFYING INSURANCE COVERAGE. THE CERTIFICATE MUST BE ON THE STANDARD “ACCORD” FORM. THE CONTRACT OR PURCHASE ORDER NUMBER MUST BE SHOWN ON THE CERTIFICATE OF INSURANCE TO ASSURE CORRECT FILING. All such Certificate(s) shall contain a provision indicating that coverage afforded under the policies WILL NOT BE CANCELLED OR MATERIALLY CHANGED without prior written notice having been given to the DNR, FS. Such NOTICE must include the CONTRACT NUMBER affected.
The Contractor is required to provide the type and amount of insurance checked () below:
1. Commercial General Liability with the following minimum coverage:
$2,000,000 General Aggregate Limit other than Products/Completed Operations
fund or that Contractor has approval to be a self-insurer; (2) Any citing of a policy of insurance
must include a listing of the States where that policy’s coverage is applicable; and (3) Any policy
of insurance must contain a provision or endorsement providing that the insurers’ rights of
subrogation are waived. This provision shall not be applicable where prohibited or limited by the
laws of the jurisdiction in which the work is to be performed.
4. Employers liability insurance with the following minimum limits:
$100,000 each accident
$100,000 each employee by disease
$500,000 aggregate disease
I-W NOTICE AND RIGHT TO CURE
In the event of a curable breach by the Contractor, the State shall provide the Contractor written notice of the breach and a time period to cure said breach described in the notice. This section requiring notice and an opportunity to cure shall not be applicable in the event of successive or repeated breaches of the same nature or if the State determines in its sole discretion that the breach poses a serious and imminent threat to the health or safety of any person or the imminent loss, damage or destruction of any real or tangible personal property.
I-X CANCELLATION
The State may cancel this contract without further liability or penalty to the State, its departments, divisions, agencies, offices, commissions, officers, agents, and employees for any of the following reasons: