HomeMy WebLinkAboutAgreement A-21-376 with CDFA.pdf State of California, Department of Food and Agriculture
AGREEMENT Agreement No. 21-376
GAU-03 (Rev.6/2021)
COOPERATIVE AGREEMENT AGREEMENT NUMBER
SIGNATURE PAGE 20-1226-001-SF
1. This Agreement is entered into between the State Agency and the Recipient named below.-
STATE AGENCY'S NAME
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE (CDFA)
RECIPIENT'S NAME
COUNTY OF FRESNO
2. The Agreement Term is: June 18, 2021 through June 17, 2022
3. The maximum amount of this Agreement is: $3,222.36
4. The parties agree to comply with the terms and conditions of the following exhibits and attachments
which are by this reference made a part of the Agreement:
Exhibit A: Prime Award Information 2 Page(s)
Recipient and Project Information
Exhibit B: General Terms and Conditions 5 Page(s)
Exhibit C: Payment and Budget Provisions 2 Page(s)
Exhibit D: Federal Terms and Conditions 3 Page(s)
Attachments: Scope of Work and Budget
IN WITNESS WHEREOF, this Agreement has been executed by the nniirfina harafn
RECIPIENT ATTEST:
RECIPIENT'S NAME (Organization's Name) BERNICE E.SEIDEL
COUNTI�' OFF ESNO Clerk oilthe Board o�.�uNciviavr3
CountLgf Fresno, tate of alifomia
BY (Authoriz i nature) DATE SIGNED By
Deputy
PRINTED NAME AND TITLE OF PERSON SIGNING
Steve Brandau, Chairman of the Board of Supervisors of the County of Fresno
ADDRESS
1730 S Maple Avenue, Fresno, CA 93702-4596
STATE OF CALIFORNIA
AGENCY NAME
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE (CDFA)
BY4uthorized SignatUrO Digitally signed by Monica DATE SIGNED
,K OI1ICa Aguirre Aguirre
Date:2021.09.28 10:58:13-07 0'
PRINTED NAME AND TITLE OF PERSON SIGNING
CRYSTAL MYERS, BRANCH CHIEF, OFFICE OF GRANTS ADMINISTRATION
ADDRESS
1220 N STREET, ROOM 120
SACRAMENTO, CA 95814 CJ
EXHIBIT A
PRIME AWARD INFORMATION
Federal Agency: USDA / Animal and Plant Health Inspection
Service, Plant Protection and Quarantine
Federal Award Identification Number: AP21 PPQFOOOOC392
Federal Award Date: July 22, 2021
Catalog of Federal Domestic Assistance Number 10.025
(CFDA) and Name: Plant and Animal Disease, Pest Control and
Animal Care
Amount Awarded to CDFA: $50,000.00
Effective Dates for CDFA: June 18, 2021 through June 17, 2022
Federal Award to State Agency is Research &
Development (Yes/No) No
RECIPIENT AND PROJECT INFORMATION
1. CDFA hereby awards an Agreement to the Recipient for the project described herein:
The county will survey fields with a history of positive Cucumber Green Mottle Mosaic Virus Program
finds in seed and/or plant material. Protecting California from the damage caused by the introduction
or spread of harmful plant pests.
Project Title: Cucumber Green Mottle Mosaic Virus Program
2.The Managers for this Agreement are:
FOR CDFA: FOR RECIPIENT:
Name: Terra Walber Name: Melissa Cregan
Division/Branch PHPPS / PEST EXCLUSION Organization: COUNTY OF FRESNO
Address: 1220 N Street Address: 1730 S Maple Avenue
City/State/Zip: Sacramento, CA 95814 City/State/Zip: Fresno, CA 93702-4596
Phone: 916-654-0312 Phone: 559-600-1902
Email Address: terra.walber@cdfa.ca.gov Email mcregan@fresnocountyca.gov
Address:
3. The Grant Administrative Contacts for this Agreement are:
FOR CDFA: FOR RECIPIENT:
Name: Jessica Snow Name:
Division/Branch: PHPPS / PEST EXCLUSION Organization:
Address: 1220 N Street Address:
City/State/Zip: Sacramento, CA 95814 City/State/Zip:
Phone: 916-403-6609 Phone:
Email Address: jessica.snow@cdfa.ca.gov Email Address:
FISCAL CONTACT FOR RECIPIENT
(if different from above):
Name:
Organization:
Address:
City/State/Zip:
Phone:
Email Address:
4. RECIPIENT: Please check appropriate box below:
Research and Development (R&D) means all research activities, both basic and applied, and all
development activities that are performed by non-Federal entities. The term research also includes
activities involving the training of individuals in research techniques where such activities utilize the
same facilities as other R&D activities and where such activities are not included in the instruction
function.
This award ❑ does ❑ does not support R&D.
5. For a detailed description of activities to be performed and duties, see Scope of Work and Budget.
EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Approval
This Agreement is of no force or effect until signed by both parties. The Recipient may not invoice
for activities performed prior to the commencement date or completed after the termination date of
this Agreement.
2. Agreement Execution
Unless otherwise prohibited by state law, regulation, or Department or Recipient policy, the parties
agree that an electronic copy of a signed Agreement, or an electronically signed Agreement, has the
same force and legal effect as an Agreement executed with an original ink signature. The term
"electronic copy of a signed Agreement" refers to a transmission by facsimile, electronic mail, or other
electronic means of a copy of an original signed Agreement in a portable document format. The term
"electronically signed Agreement" means an Agreement that is executed by applying an electronic
signature using technology approved by all parties.
3. Assignment
This Agreement is not assignable by the Recipient, either in whole or in part, without the prior consent
of the CDFA Agreement Manager or designee in the form of a formal written amendment.
4. Governing Law
This Agreement is governed by and will be interpreted in accordance with all applicable State and
Federal laws.
5. State and Federal Law
It is the responsibility of the Recipient to know and understand which State, Federal, and local laws,
regulations, and ordinances are applicable to this Agreement and the Project, as described in
Exhibit A. The Recipient shall be responsible for observing and complying with all applicable State
and Federal laws and regulations. Failure to comply may constitute a material breach.
6. Recipient Commitments
The Recipient accepts and agrees to comply with all terms, provisions, conditions and commitments
of the Agreement, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and statements made by the Recipient in the application, documents, amendments,
and communications in support of its request for funding.
7. Performance and Assurances
The Recipient agrees to faithfully and expeditiously perform or cause to be performed all Project work
as described in the Scope of Work, and to apply grant funds awarded in this Agreement only to
allowable Project costs.
8. Mutual Liability
Parties shall, to the extent allowed by law, each be individually liable for any and all claims, losses,
causes of action, judgments, damages, and expenses to the extent directly caused by their officers,
agents, or employees.
9. Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, the
parties agree that all other provisions of this Agreement shall remain operative and binding.
10. Contractors/Consultants
The Recipient assumes full responsibility for its obligation to pay its Contractors/Consultants. The
Recipient is responsible to ensure that any/all contractors/consultants it engages to carry out activities
under this Agreement shall have the proper licenses/certificates required in their respective
disciplines. The Recipient's use of contractors/consultants shall not affect the Recipient's
responsibilities under this Agreement.
11. Non-Discrimination Clause
The Recipient agrees that during the performance of this Agreement, it will not discriminate, harass,
or allow harassment or discrimination against any employee or applicant for employment based on
race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status. The Recipient agrees to require the same of all
contractors and consultants retained to carry out the activities under this Agreement.
The Recipient agrees that during the performance of this Agreement, the evaluation and treatment of
its employees and applicants for employment are free from discrimination and harassment. The
Recipient will comply with the provisions of the Fair Employment and Housing Act (Government Code
section 12990 et seq.) and the applicable regulations promulgated there under (California Code of
Regulations, Title 2, section 7285 et seq.). 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 if set forth in full. The Recipient will give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining unit
or other Agreement. The Recipient must include the nondiscrimination and compliance provisions of
this clause in all subcontracts to perform work under this Agreement.
The Recipient agrees to require the same of all contractors and consultants retained to carry out
activities under this Agreement.
12. Excise Tax
The State of California is exempt from federal excise taxes and no payment will be made for any
taxes levied on employees' wages. The CDFA will pay for any applicable State of California or local
sales or use taxes on the services rendered or equipment or parts supplied pursuant to this
Agreement. California may pay any applicable sales and use tax imposed by another State.
13. Disputes
The Recipient must continue with the responsibilities under this Agreement during any dispute. In
the event of a dispute, the Recipient must file a "Notice of Dispute" with the CDFA Agreement
Manager, identified in Exhibit A, or designee within ten (10) calendar days of discovery of the problem.
The Notice of Dispute must contain the Agreement number. Within ten (10) calendar days of receipt
of the Notice of Dispute, the CDFA Agreement Manager or designee must meet with the Recipient
for the purpose of resolving the dispute. In the event of a dispute, the language contained within this
Agreement prevails.
14. Termination for Convenience
This Agreement may be terminated by either party upon written notice. Notice of termination must
be delivered to the other party at least thirty (30) calendar days prior to the intended date of
termination. Notice of termination does not nullify obligations already incurred prior to the date of
termination. In the event of Termination for Convenience of this Agreement by CDFA, CDFA must
pay all responsible costs and non-cancellable obligations incurred by the Recipient as of the date of
termination.
15. Termination for Cause
Either party may terminate this Agreement for cause in the event of a material breach of this
Agreement, provided that the non-breaching party provides written notice of the material breach and
ten (10) calendar days to cure the breach. If the breach is not cured to the satisfaction of the
non-breaching party within ten (10) calendar days of receipt of notice, this Agreement shall
automatically terminate and the CDFA shall reimburse the Recipient for all documented costs incurred
up to the date of the notice of termination, including all non-cancellable obligations.
16. Acceptable Failure to Perform
The Recipient shall not be liable for any failure to perform as required by this Agreement, to the extent
such failure to perform is caused by any of the following: labor disturbances or disputes of any kind,
accidents, or the inability to obtain any required government approval to proceed, civil disorders, acts
of aggression, acts of God, energy or other conservation measures, failure of utilities, mechanical
breakdowns, materials shortages, disease, pandemics, or similar occurrences.
17. Breach
Reimbursement under this Agreement may be suspended, terminated, or both, and the Recipient
may be subject to debarment if CDFA determines that the Recipient has breached the terms of this
Agreement. A determination of breach may be appealed in writing to the CDFA. The appeal must
be post marked within ten (10) calendar days of the date the Recipient received notification and
addressed to the CDFA Legal Office of Hearing and Appeals or emailed to
CDFA.LegalOffice(a),cdfa.ca.gov.
California Department of Food and Agriculture
Legal Office of Hearing and Appeals
1220 N Street
Sacramento, CA 95814
18. Non-Material Breach
The Recipient may be in material breach under this Agreement if it fails to comply with any term of
this Agreement. In the event of a material breach, CDFA shall provide in writing a Notice of Breach
to the Recipient within ten (10) calendar days upon discovery of breach. The Recipient shall have
ten (10) calendar days from receipt of the notice to cure the breach. If the Recipient fails to cure the
breach within the time prescribed by this Agreement, CDFA may do any of the following:
A. Suspend payments;
B. Demand repayment of all funding;
C. Terminate the Agreement; or
D. Take any other action deemed necessary to recover costs.
If CDFA determines that the Recipient is not in material breach but that the Project is not being
implemented in accordance with the provisions of this Agreement, or that the Recipient has failed in
any other respect to comply with the provisions of this Agreement, and the Recipient has failed to
remedy any such failure in a reasonable and timely manner, CDFA may withhold all or any portion of
the grant funding and take any other action that CDFA deems necessary to protect its interests.
Where a portion of the grant funding has been disbursed to the Recipient and CDFA notifies the
Recipient of its decision not to release funds that have been withheld pursuant to paragraph 17, the
portion that has been disbursed shall thereafter be repaid immediately. CDFA may consider the
Recipient's refusal to repay the requested disbursed amount a material breach.
If CDFA notifies the Recipient of its decision to withhold the entire funding amount from the Recipient
pursuant to this paragraph, this Agreement shall terminate upon receipt of such notice by the
Recipient and CDFA shall no longer be required to provide funds under this Agreement and the
Agreement shall no longer be binding on either party.
In the event CDFA finds it necessary to enforce this provision of this Agreement in the manner
provided by law, the Recipient agrees to pay all enforcement costs incurred by CDFA including, if
CDFA should prevail in a civil action, reasonable attorneys' fees, legal expenses, and costs related
to the action.
19. Publicity and Acknowledgement
The Recipient agrees that it will acknowledge CDFA's support whenever projects funded, in whole or
in part, by this Agreement are publicized in any news media, brochures, publications, audiovisuals,
presentations or other types of promotional material and in accordance with the Grant Procedures
Manual if incorporated by reference and attachment to the Agreement. The Recipients may not use
the CDFA logo.
20. News Releases/Public Conferences
The Recipient agrees to notify the CDFA in writing at least two (2) business days before any news
releases or public conferences are initiated by the Recipient or its Contractors/Consultants regarding
the project described in the Attachments, Scope of Work and Budget and any project results.
21. Scope of Work and Budget Changes
Changes to the Scope of Work, Budget, or the Project term, must be requested in writing to CDFA
Grant Administrative Contact no less than thirty (30) days prior to the requested implementation date.
Any changes to the Scope of Work and Budget are subject to CDFA approval and, at its discretion,
CDFA may choose to accept or deny any changes. If accepted and after negotiations are concluded,
the agreed upon changes will be made and become part of this Agreement. CDFA will respond in
writing within ten (10) business days as to whether the proposed changes are accepted.
22. Reporting Requirements
The Recipient agrees to comply with all reporting requirements specified in Scope of Work and/or
Grant Procedures Manual if incorporated by reference to this Agreement as an attachment.
23. Equipment
Purchase of equipment not included in the approved Budget requires prior approval. The Recipient
must comply with applicable state requirements regarding the use, maintenance, disposition, and
reporting of equipment as contained in CCR, Title 3, Division 1, Chapter 5, sections 303, 311, 324.1
and 324.2.
24. Closeout
The Agreement will be closed out after the completion of the Project or project term, receipt and
approval of the final invoice and final report, and resolution of any performance or compliance issues.
25. Confidential and Public Records
The Recipient and CDFA understand that each party may come into possession of information and/or
data which may be deemed confidential or proprietary by the person or organization furnishing the
information or data. Such information or data may be subject to disclosure under the California Public
Records Act or the Public Contract Code. CDFA has the sole authority to determine whether the
information is releasable. Each party agrees to maintain such information as confidential and notify
the other party of any requests for release of the information.
26. Amendments
Changes to funding amount or Agreement term require an amendment and must be requested in
writing to the CDFA Agreement Manager or designee no later than sixty (60) calendar days prior to
the requested implementation date. Amendments are subject to CDFA approval, and, at its
discretion, may choose to accept or deny these changes. No amendments are possible if the
Agreement is expired.
27. Plant Protection Act Memorandum of Understanding
The Recipient agrees to abide by Articles 3 through 13 of the Memorandum of Understanding (MOU)
agreed to between the California Department of Food and Agriculture (CDFA) and the United States
Department of Agriculture (USDA), Animal and Plant Health Inspections Services Plant Protection
and Quarantine executed on May 6, 2019. The Articles in the MOU provide for cooperation, of the
parties involved in plant protection and quarantine programs and activities directed at plant pests and
noxious weeds of mutual concern to the USDA and California. The Articles outline authorities, codes
and sections under which cooperation will be met, including data sharing responsibilities, limitations
and confidentiality under Section 1619 of the Food, Conservation, and Energy Act of 2008 (Section
1619 was codified into law 7 USC §8791).
EXHIBIT C
PAYMENT AND BUDGET PROVISIONS
1. Invoicing and Payment
A. For activities satisfactorily rendered and performed according to the attached Scope of Work and
Budget, and upon receipt and approval of the invoices, CDFA agrees to reimburse the Recipient
for actual allowable expenditures incurred in accordance with the rates specified herein, which is
attached hereto and made a part of this Agreement.
B. Invoices must include the Agreement Number, performance period, type of activities performed in
accordance with this Agreement, and when applicable, a breakdown of the costs of parts and
materials, labor charges, and any other relevant information required to ensure proper invoices
are submitted for payment.
C. Unless stated in the Scope of Work quarterly invoices must be submitted to the CDFA
Administrative Contact, within thirty (30) calendar days after the end of each quarter in which
activities under this Agreement were performed.
D. Unless stated in the Scope of Work a final invoice will be submitted for payment no more than
thirty (30) calendar days following the expiration date of this Agreement, or after project is
complete, whichever comes first. The final invoice must be clearly marked "Final Invoice" thus
indicating that all payment obligations of the CDFA under this Agreement have ceased and that
no further payments are due or outstanding.
2. Allowable Expenses and Fiscal Documentation
A. The Recipient must maintain adequate documentation for expenditures of this Agreement to
permit the determination of the allowability of expenditures reimbursed by CDFA under this
Agreement. If CDFA cannot determine if expenditures are allowable under the terms of this
Agreement because records are nonexistent or inadequate according to Generally Accepted
Accounting Principles, CDFA may disallow the expenditures.
B. Mileage reimbursement for using a privately-owned vehicle will be at the standard mileage rate
established by the United States (U.S.) Internal Revenue Service (IRS) and in effect at the time of
travel. The standard mileage rate in effect at the time of travel can be found on IRS's website
regardless of funding source/type.
C. If domestic travel is a reimbursable expense, receipts must be maintained to support the claimed
expenditures. The maximum rates allowable are those established by the Federal Travel
Regulation, issued by General Services Administration (GSA), including the maximum per diem
and subsistence rates prescribed in those regulations.
D. If foreign travel is a reimbursable expense, receipts must be maintained to support the claimed
expenditures. The maximum rates allowable are those established in a per diem supplement to
Section 925, Department of State Standardized Regulations.
E. The Recipient will maintain and have available, upon request by CDFA, all financial records and
documentation pertaining to this Agreement. These records and documentation will be kept for
three (3) years after completion of the Agreement period or until final resolution of any
performance/compliance review concerns or litigation claims.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, California Government
Code Title 1, Division 3.6, Part 3, Chapter 4.5, commencing with Section 927 - The California Prompt
Payment Act.
4. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted for purposes of this program, the CDFA has the
option to either cancel this Agreement with no liability occurring to the CDFA or offer to amend the
Agreement to reflect the reduced amount.
EXHIBIT D
FEDERAL TERMS AND CONDITIONS
The Recipient and recipients of any subawards under this award, agree to comply with all applicable
requirements of all Federal laws, executive orders, regulations, and policies governing this program,
including but not limited to 2 CFR 200, Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards. For-profit organizations will be subject to 48 CFR Subpart 31.
Recipients are responsible for identifying the federal regulations appropriate to their organization,
consistently applying cost principles and ensuring contractors or consultants comply with applicable
federal regulations.
1. Civil Rights
The Recipient must comply with civil rights and nondiscrimination standards pursuant to the following:
A. Civil Rights Act, 42 USC 2000, as implemented at 28 CFR Part 42;
B. Age Discrimination Act, 42 USC 6101, as implemented at 45 CFR Part 90;
C. Age Discrimination in Employment Act, 29 USC 621, as implemented at 29 CFR Part 1625;
D. Title IX of the Education Amendments of 1972, 20 USC 1681, as implemented at 45 CFR Part 86;
E. Section 504 of the Rehabilitation Act, 29 USC 791, as implemented at 28 CFR Part 41;
F. Executive Order (EO) 11246; and
G. Americans with Disabilities Act, (PL 101-366).
2. Labor Standards
The Recipient must comply with labor standards pursuant to the following:
A. Fair Labor Standards Act, 29 USC 207, as implemented at 29 CFR Part 500-899;
B. Davis-Bacon Act, 40 USC 3141-3148, as implemented at 29 CFR Parts 1, 3, 5, and 7; and
C. Contract Work Hours and Safety Standards Act, 40 USC 3701, as implemented at 29 CFR Part 5.
3. Environmental Standards
The Recipient must comply with environmental standards pursuant to the following:
A. Institution of environmental quality control measures under the National Environmental Policy Act
of 1969 (PL 91-190) and EO 11514 as implemented at 7 CFR Part 1b;
B. Notification of violating facilities pursuant to EO 11738;
C. Protection of wetlands pursuant to EO 11990;
D. Evaluation of flood hazards in floodplains in accordance with EO 11988;
E. Assurance of project consistency with the approved State management program developed under
the Coastal Zone Management Act of 1972 (16 USC §§1451 et seq.);
F. Conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176 (c) of
the Clean Air Act of 1955, as amended (42 USC §§7401 et seq.);
G. Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,
as amended (PL 93-523); and,
H. Protection of endangered species under the Endangered Species Act of 1973, as amended
(PL 93-205).
4. Drug-Free Environment
The Recipient must comply with drug-free environment standards pursuant to §5151-5610 of the
Drug-Free Workplace Act of 1988, as implemented by 2 CFR 421.
5. Restrictions on Lobbying and Political Activities
The Recipient must comply with lobbying restriction standards pursuant to the Limitations on Use of
Appropriated Funds to Influence Certain Federal Contracting and Financial Transactions,
31 USC 1352, as implemented at 2 CFR 418.
6. Officials Not to Benefit
The Recipient must ensure that no member of Congress be admitted to any share or part of this
Agreement or to any benefit arising from it, in accordance with 41 USC 22.
7. Trafficking in Persons
The Recipient must comply with the provisions in 2 CFR Part 175, prohibiting trafficking in persons.
8. Intergovernmental Review
The Recipient must comply with intergovernmental review standards pursuant to the following:
A. Executive Order 12372, as implemented at 2 CFR 415; and
B. The Intergovernmental Cooperation Act of 1968, 31 USC 6501.
9. Confidentiality
The Recipient must comply with confidentiality standards pursuant to the following:
A. Freedom of Information Act, 5 USC 552, as implemented at 7 CFR Part 1; and
B. Privacy Act, 5 USC 552 (a).
10. Conservation in Procurement
The Recipient must comply with procurement standards pursuant to the Resource Conservation and
Recovery Act, 42 USC 6962 and EO 12873, as implemented at 40 CFR Part 247.
11. Debarment, Suspension, Criminal or Civil Convictions
The Recipient and its principals must comply with debarment and suspension standards pursuant to
the EO 12549, as implemented at 2 CFR 180 and 2 CFR 417.
The Recipient must provide immediate written notice to CDFA if at any time it learns that this
certification was erroneous when made or has become erroneous by reason of changed
circumstances and must require recipients of lower-tier covered transactions under this Agreement
to similarly certify pursuant to EO 12549, as implemented by 2 CFR 180 and 2 CFR 417.
See www.sam.gov to determine debarment and suspension status.
12. Crimes and Prohibited Activities
The Recipient must comply with crimes and prohibited activities standards pursuant to the following:
A. Anti-Kickback (Copeland) Act, as implemented at 29 CFR Part 3.1;
B. False Claims Act, 31 USC 3729; and
C. Program Fraud Civil Remedies Act, 31 USC 3801-3812.
13. Biosafety in Laboratories
The Recipient must comply with laboratory biosafety standards pursuant to the following the Biosafety
in Microbiological and Biomedical Laboratories, published jointly by the Centers for Disease Control
and the National Institutes of Health.
14. Conflicts of Interest
The Recipient must comply with the conflict of interest standards pursuant to 2 CFR 400.2.
15. Inventions, Patents, Copyrights and Project Results
A. The Recipient must comply with invention and patent standards pursuant to the following:
1. Patent Rights in Inventions Made with Federal Assistance, 35 USC 202-204, as implemented
at 37 CFR Part 401 (Bayh-Dole Act and the Technology Transfer Commercialization Act
of 2000) to ensure that inventions made are used in a manner to promote free competition and
enterprise without unduly encumbering future research and discovery.
2. The Plant Variety Protection Act, 7 USC 2321 et seq.
B. The Recipient may retain title to any invention conceived of or first actually reduced to practice
using Federal funds provided Recipient does the following:
1. Reports all subject inventions to CDFA;
2. Makes efforts to commercialize the subject invention through patent or licensing;
3. Formally acknowledges the Federal government's support in all patents that arise from the
subject invention; and
4. Formally grants the Federal government and CDFA a limited use license to the subject
invention.
C. The Recipient may copyright any publications, data, or other copyrightable works developed using
Federal funds provided it provides the Federal government and CDFA a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish, or otherwise use the material, and
agrees that the Federal government and CDFA may do so in cooperation with other public
agencies.
D. The Recipient agrees that the results of this project may be published by the Federal government,
CDFA or appropriate contractors or cooperators as mutually agreed.
16. Care and Use of Laboratory Animals
The Recipient must comply with the care and use of laboratory animal standards pursuant to the
following:
A. Animal Welfare Act, 7 USC 2131, as implemented at 9 CFR, Sub Chapter A, Parts 1-4; and
B. Marine Mammal Protection Act, 16 USC 1361-1407.
17. Fly America Act
The Recipient must comply with the Fly America Act (49 USC 40118) as implemented at
41 CFR 301-10.131 to 301-10.143.
18. Motor Vehicle Safety
The Recipient must comply with seat belt use standards pursuant to the following:
A. Highway Safety Act of 1966 as amended (23 USC 402-403);
B. Occupational Safety and Health Act of 1970 as amended (29 USC 668);
C. Federal Property and Administrative Services Act of 1949 as amended (40 USC §101 et seq.)
D. Increasing Seat Belt Use in the United States (EO 13043).
E. Federal Leadership on Reducing Text Messaging While Driving (EO 13513).
19. Records Retention and Accessibility
The Recipient and its contractors must comply with the procedures and requirements regarding
record retention and accessibility as contained in 2 CFR 200.333 — 200.337.
20. All Other Federal Laws
The Recipient must comply with all applicable requirements of all other Federal laws, executive
orders, regulations, and policies governing this program.
SCOPE OF WORK
CGMMV Survey
June 18, 2021 — June 17, 2022
The county agrees to perform Cucumber green mottle mosaic virus (CGMMV) survey activities
for the California Department of Food and Agriculture (CDFA) in compliance with the requirements
imposed by:
1. Food and Agricultural Code (FAC) Division 2, Chapter 2, Article 8, Section 2282.5
2. FAC Division 4, Part 2, Chapter 1, Article 1, Section 6303
3. FAC Division 4, Part 2, Chapter 2, Article 1, Sections 6401
This agreement is inclusive of the county's agreement to perform activities approved by the CDFA
as described in the attached projected work plan (budget and personnel cost worksheet), monthly
invoice, and by this reference made a part hereof.
Key actions to be conducted under this agreement include:
SECTION 1: PERSONNEL ACTIVITIES
A. Surveying at Previously Positive and Monitored Fields
B. Sample Collection
C. Data Entry/Sample Submission
D. Other (communication, training, administrative support)
SECTION 2: NONPERSONNEL
A. Supplies/Equipment
B. Vehicle/Mileage
SECTION 3: REPORTING/INVOICING
A. Monthly Activity Report
B. Invoicing/Reimbursement
SECTION 1: PERSONNEL ACTIVITIES
The county agrees to perform the following activities.
A. Surveying at Previously Positive and Monitored Fields Currently Cultivated with
Cucurbits
The county agrees to survey fields with a history of positive CGMMV finds in seed and/or
plant material. Specifically, the survey targets fields that are currently in cucurbit
production in 2021. CDFA quarantine and mitigation measures were instituted following
CDFA-confirmed detection of CGMMV positive plant material as well as fields where
harvested seed tested positive during the previous cucurbit growing rotation.
B. Sample Collection
The county is responsible for collecting symptomatic and asymptomatic plant tissue
samples of cucurbit plants in accordance with the USDA-APHIS-PPQ `Survey and
Response Plan for Tobamovirus Cucumber green mottle mosaic virus in Agricultural Field
Settings'.
C. Data Entry/Sample Submission
The county is responsible for ensuring that the Pest and Damage Records (PDR) are
accurately completed in a timely manner. The county must send all samples to the CDFA
Plant Pest Diagnostics Center (PPDC) for identification and must complete an electronic
copy of CDFA's PDR on the CDFA Extranet
(http://phpps.cdfa.ca.gov/user/frmLogon2.asp). A hard copy of the PDR must accompany
the samples to the PPDC.
D. Other (communication, training, administrative support)
1. The county will participate in conference calls and meetings with CDFA Pest
Exclusion as necessary.
2. The county is responsible for ensuring the PDR and invoicing are accurately
completed in a timely manner.
SECTION 2: NONPERSONNEL
A. Supplies/Equipment
Supplies
In accordance with 2 CFR Part 200.94 (http://www.ecfr.gov/cqi-bin/text-
idx?SID=c1 a895352495b577c5908c4ef49bf296&mc=true&node=se2.1.200 194&rqn=di
v8), supplies are considered articles that have a useful life of less than one year. Only
supplies directly related to administering and conducting quarantine and regulatory
enforcement activities associated with the CGMMV survey will be reimbursed. Examples
of supplies include materials from a general supply or stockroom, fabricated parts, paper,
stationery, general office goods, ink and toner cartridges, and organization tools.
All records substantiating that the supplies are used for the CGMMV survey must be
maintained by the county.
Equipment
In accordance with 2 CFR Part 200.33 (http://www.ecfr.gov/cqi-bin/text-
idx?SID=c1 a895352495b577c5908c4ef49bf296&mc=true&node=se2.1.200 133&rqn=di
v8), equipment is considered to be articles that have a useful life of more than one year.
Only equipment directly related to administering and conducting quarantine and regulatory
enforcement activities associated with the CGMMV survey will be reimbursed. Articles
with a unit cost of $5,000.00 or more must have prior approval for reimbursement.
Examples of equipment include microscopes, spectrometers, office equipment, office
furnishings, telephone networks, information technology equipment and systems, air
conditioning equipment, reproduction and printing equipment, and motor vehicles.
All records substantiating that the equipment is used for the CGMMV survey must be
maintained by the county.
B. Vehicle/Mileage
2
1. The mileage reimbursement rate used on the monthly invoice must be the same as
the rate in the work plan. If the federal mileage reimbursement rate fluctuates during
the agreement period, counties will submit invoices for the current federal rate.
2. The counties must maintain a single vehicle log per vehicle and all mileage must be
recorded daily with an indication of which program the vehicle was used for and the
name of the driver. Vehicle logs must be maintained monthly.
SECTION 3: REPORTING/INVOICING
A. Monthly Activity Report: The county must submit a Monthly Activity Report (Appendix
B) for the CGMMV survey. Monthly Activity Reports need to be submitted no later than
the fifth day of the month following when the activities took place. Questions about
reporting can be directed to Terra Walber at terra.walber(a�-cdfa.ca.gov or by calling (916)
654-0312.
B. Invoicing/Reimbursement: The county must submit a monthly itemized invoice using
the County Monthly Invoice (Appendix A) on county letterhead. Invoices must be
submitted to the CDFA no later than thirty days after the end of the coinciding reporting
period.
1. Allowable Costs: All invoiced expenses must fall within the parameters of the scope
of work and work plan and must be directly related to administering and conducting
CGMMV Program activities.
2. Monthly Activity Report Required for Reimbursement: Invoices will not be
submitted for reimbursement until submission of the Monthly Activity Report for the
invoicing period has been completed by the county and verified by CDFA(see Section
3A. Monthly Activity Report above). Monthly Activity Report hours must match invoice
hours before invoices will be submitted for reimbursement.
3. Hourly Rates on Invoices: Invoices must reflect the actual hourly rates (salary and
benefits) per individual/classification that worked on the program.
4. Personnel on Invoice Must Match Work Plan: Invoices must reflect work performed
by individuals whose classifications must be listed on the work plan.
5. Documentation: Documentation applicable to reimbursement for expenses does not
need to be submitted to CDFA but must be retained by the county and must be made
available for audit purposes.
6. Substantiation of Costs: All personnel salary costs must be properly tracked or
allocated to the cooperative agreement in accordance with Office of Management and
Budget requirements and Federal cost principles. Please be sure that personnel costs
can be traced back to original documents detailing the account to which personnel
hours are billed. In addition, all invoiced personnel costs must match the work plan.
If the county plans to seek reimbursement for vehicle mileage, the documentation for
mileage reimbursement must be tracked separately from all other programs and
documentation must be available to support the reimbursement. In addition, all
invoiced vehicle costs must match the work plan. On a related note, mileage rates
used on invoices must be the same as contained in the work plan or reflect the current
3
federal mileage rate. The CDFA will send an email that will notify counties of new
rates if the federal mileage rate changes during the term of the agreement.
All other expenses (travel, supplies, communications, miscellaneous supplies) for
which the county will seek reimbursement under the agreement shall be directly
related to the cost of administering and conducting the program. Documentation must
be available to support the reimbursement. In addition, all invoiced expenses must
match the work plan.
The following citation for uniform administrative requirements, cost principles, and
audit requirements is applicable to your agency/organization.
State, Local, and Indian Tribal Governments:
• 2 CFR 200, Uniform administrative requirements, cost principles, and audit
requirements for federal awards
7. Monthly Invoice Questions/Submission: Invoices must be submitted via email to
Jessica Snow at iessica.snow(@cdfa.ca.gov. Questions about
invoicing/reimbursement can be directed to Terra Walber at
terra.walber(a_cdfa.ca.gov or by calling (916) 654-0312.
4
(County Letterhead) Appendix A
Invoice#:
Invoice Date:
California Department of Food and Agriculture
Plant Health and Pest Prevention Services
Submit invoices to Jessica Snow
email: lessica.snow(a�cdfa.ca.gov
CGMMV
Agreement#
Invoice for Period June 18, 2021 -June17, 2022
Personnel Services
Name/Classification Hours Hourly Rate Total Salaries
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
0.00 0.00 0.00
Total Hours 0.00 Total Salaries 0.00
Total Personnel Services 0.00
Indirect(up to 25% of Personnel Services) 0.00
Total Personnel Services: 0.00
Operating Expenses
Supplies 0.00
Equipment 0.00
Total Supplies/Equipment: 0.00
Miles Rate
Vehicle Mileage 0.00 0.000 0.00
Total Mileage Cost: 0.00
Grand Total: 0.00
Agreement Amount 0.00
Billed to Date 0.00
Balance 0.00
Appendix B
CGMMV REPORT
COUNTY:
MONTH:
Number Hours
ACTIVITIES
Surveying at Previously Positive Fields*
Conference Calls, Meetings, Trainin s
Administrative Support"
TOTALS 0 0
VEHICLES
Mileage
*Surveying includes planning, implementation of
visual survey, and sample collection
**Administrative support includes:
-preparing and processing PDRs
-preparing and processing invoices
-ordering supplies and equipment
County Personnel Cost Work Sheet
Cucumber Green Mottle Mosaic Virus Program
June 2021 -June 2022
County: Fresno
Position Title Hourly Wage Hourly Benefit Total Hourly Rate Estimated Hours to Total Cost
Amount be Worked
Deputy Agricultural Commissioner/Sealer $56.46 $51.06 $107.52 4 $430.08
Supervising Agricultural/Standards Specialist $43.79 $41.61 $85.40 5 $427.00
Agricultural/Standards Specialist III $36.55 $32.60 $69.15 5 $345.75
Agricultural/Standards Specialist II $32.17 $26.58 $58.75 12 $705.00
Agricultural/Standards Specialist 1 $27.19 $23.69 $50.88 7 $356.16
Program Technician II $29.32 $29.54 $58.86 1 $58.86
Position Title 7 $0.00 $0.00 $0.00 $0.00
Position Title 8 $0.00 $0.00 $0.00 $0.00
Position Title 9 $0.00 $0.00 $0.00 $0.00
Position Title 10 $0.00 $0.00 $0.00 $0.00
Total: 34T $2,322.85
Cucumber Green Mottle Mosaic Virus Program
June 2021-June 2022
cdfa
County:Fresno
Date:May 28,2021
CALIFORNIA DEPARTMENT OF
FOOD & AGRICULTURE
Personnel Services
Acitivity Number of Fields Estimated Estimated Estimated Hours/Year
Requiring Activities VisitsNear/Field Hours/Visit
Interstate Shipping Nurseries
Surveying and Sampling at Previously Positive and Monitored Fields currently 1 1 21 21
cultivated with Cucurbits
Other Personnel Expenses
Conference Calls,Meetings,Training 9
Administrative Support 4
Total Personnel Hours: 34
Total Personnel Cost: $2,322.85
Overhead Indirect Cost - Not to exceed 25%of Total Personnel Cost Enter Overhead Percentage:7-25%1 $580.71
Total Personnel Costs: $2,903.56
Operating Expenses
Supplies $260.00
Equipment $0.00
Total Operating Expense Costs: $260.00
Mileage
Enter Estimated Miles:1 105 Rate Per Mile:1 0.5601 1 Total Mileage Cost: $58.80
TOTAL COST: $3,222.36
County Work Plan Summary
Cucumber Green Mottle Mosaic Virus Program
June 2021 -June 2022 cd a
County: Fresno
CALIFORNIA DEPARTMENT OF
Contract Manager: Mario Reeves FOOD a AGRICULTURE
Expenses Description Total
Personnel Costs for Survey Activities Surveys at Previously Positive Fields Total Activity Hours: 34 $2,322.85
Overhead Costs Indirect Costs(Must not exceed 25%of Total Personnel Costs) Overhead Percentage: 25% $580.71
Operating Expenses All supply/equipment costs exceeding$5,000.00 must be accompanied by a Itemized Supply List N $260.00
itemized list of items to be purchased. Required(Y/N):
Mileage rate must be$0.56, or current federal rate(https://www.gsa.gov/travel/plan- Estimated Miles: 105
Mileage book/transportation-airfare-rates-pov-rates-etc/privately-owned-vehicle-pov-mileage $58.80
reimbursement-rates). Rate Per Mile: 0.56
TOTAL COST: $3,222.36
FOR ACCOUNTING USE ONLY:
Fund: 0001
Subclass: 10000
ORG: 40101001
Account: 4375