HomeMy WebLinkAboutAgreement A-15-375 with CA Dept of Food Agriculture.pdf Agreeirmeni No. io-jio
California Department of Food and Agriculture
AGREEMENT
GAU-03(RevAt15)
COOPERATIVE AGREEMENT AGREEMENT NUMBER
SIGNATURE PAGE 15-0090-SA
t
1. This Agreement is entered Into between the State Agency Agengy and the Recipient named below:
STATE AGENCY'S NAME
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE (CDFA)
RECIPIENT'S NAME
COUNTY OF FRESNO
2. The term of this Agreement is: July 1, 2015 through June 30,2016
3 The maximum amount of this Agreement is: $10,560.00
Ten Thousand Five Hundred Sixty Dollars and Zero Cents
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
art of the Agreement:
Exhibit A: 4 Page(s)
• Recipient and Project Information
• Scope of Work
Exhibit B: 2 Page(s)
• Payment Provisions and Budget
• Budget
Exhibit C: General Terms and Conditions 2 Page(s)
Name of Project:Weighmaster Program
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
RECIPIENT
RECIPIENT'S NAME(Organization`s Name)
COUNTY OF FRESNO
BY(Au riz Signatur) ' DATE IGNED(t)o not type)
J ATTEST;
PRINTED NAME AND TITLE OF PERSON SIGNING BERNICE E.SEIDEL,Clerk
DEBORAH A. POOCHIGIAN CHAT Board of Su ervisors Board of Supervisors
ADDRESS
1730 S. Maple Avenue, Fresno,CA 93702-4596 Deputy F
STATE OF CALIFORNIA
AGENCY NAME
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE (CDFA)
BY(Au or ed Slgnatur) DATE SIGNED Do not ypa)
PRINTED NAM ND TITLE OF P SRN SIG IG
CRYSTAL M RS, MANAGER, FEDE AL FUNDS MANAGEMENT OFFICE
ADDRESS
1220 N STREET, ROOM 120
SACRAMENTO, CA 95814 MA
EXHIBIT A
RECIPIENT AND PROJECT INFORMATION
1. CDFA hereby awards an Agreement to the Recipient for the project described herein:
The CDFA will pay the County $240 for each initial inspection of an assigned junk dealer and recycler
establishment licensed as a Weighmaster to determine compliance with BPC Section 12703.1.
2. The Managers for this Agreement are:
FOR CDFA: FOR RECIPIENT: _
Name: Lance Simmons/ Name: Les Wright
Rebecca Bland
Section/Unit: Measurement Stds/Weighmaster Section/Unit: COUNTY OF FRESNO
Address: 6790 Florin Perkins Road, Suite 100 Address: 1730 S. Maple Avenue
j City/State/Zip: Sacramento, CA 95828 City/State/Zip: Fresno, CA 93702-4596
Phone: 916-229-3000 Phone: 559-600-7510
i
Email Address: lance.simmons@cdfa.ca.gov/ Email Address: fresnoag@co.fresno.ca.us
rebecca.bland@cdfa.ca.gov
3. For a detailed description of activities to be performed and duties, see Scope of Work.
Weighmaster Enforcement
(Junk Dealers and Recyclers)
SCOPE OF WORK
In the best interest of the State, in accordance with the California Business and
Professions Code (BPC), Division 5, Chapter 7, Section 12703.1, and under the
authority of the Secretary of the Department of Food and Agriculture (CDFA), the
Division of Measurement Standards (Division) and the County of Fresno
(County) agree to the following:
The Division will pay the County $240.00 for each completed initial inspection of an
assigned junk dealer or recycler establishment licensed as a weighmaster to determine
compliance with Business and Professions Code Section 12703.1. For purposes of this
Agreement, a "junk dealer" and "recycler" are as defined in BPC Sections 21601 and
21605(b). An initial inspection is the first inspection in the fiscal year of a business
location after renewal or issuance of a weighmaster license. The total allocation to the
County for these inspections shall not exceed $10,560.00 for this Agreement.
The County shall obtain all required information regarding a newly licensed junk dealer
or recycler weighmaster via the county "undisclosed" link. The County shall have 75
calendar days after issuance of a license to conduct a physical initial inspection at each
assigned junk dealer or recycler weighmaster location. Failure to perform an inspection
within 75 calendar days shall result in nonpayment.
The County shall complete an initial inspection of all the information required in the
application as per BPC 12703.1. (c) (1). Findings shall be recorded on the
Weighmaster Inspection Report (Form 42-009, Rev. 11/13) supplied by the Division.
An initial inspection shall verify the following items are materially accurate:
• Weighmaster License Application information;
• Business License information;
• Weighmaster License information;
• Thumbprinting equipment is functioning and in good working order;
• Photograph/camera equipment is functioning and in good working order;
• Business has a stormwater permit, or has applied for a stormwater permit, or
substantiation the stormwater permit is not required; and
• Commercial weighing devices are sealed.
The County may observe other violations while performing an initial inspection. The
County agrees to document and take the appropriate enforcement action upon
1
Weighmaster Enforcement
(Junk Dealers and Recyclers)
discovery of any violation of weights and measures law during the inspection, as per
BPC 12015.
Within five (5) calendar days of conducting a physical initial inspection, the County shall
scan/pdf the completed Weighmaster Inspection Report and upload it to the Division via
the county "undisclosed" link. For business locations failing an initial inspection, all
supporting evidence (documents/photographs in pdf, jpg, or png format) shall also be
uploaded via the county "undisclosed" link. Note: The Weighmaster Inspection Report
must be scanned or photographed separately from any supporting documents;
however, the supporting documents/photographs may be combined into one file.
Uploading the Weighmaster Inspection Report and any supporting documents
completes the initial inspection and entitles the County to payment. The County agrees
to follow these procedures. Failure to comply will result in nonpayment.
When a location is found to be out of business, the County shall complete and upload a
Weighmaster Inspection Report indicating the location is no longer in business and
notify the Division in accordance with the instructions above. Out of business locations
are not billable.
The original Weighmaster Inspection Report shall be maintained at the County Office of
Weights and Measures for three (3) years and be made available to the Division upon
request.
All requests for payment under this Agreement shall be made on County official
letterhead. The invoice shall include a summary sheet with the following information:
the number of inspections completed, a list of locations where the inspections were
conducted, the weighmaster license name, the weighmaster license number, and the
amount of money requested. The County shall submit its invoice in pdf, jpg, or png
format by uploading the invoice and summary sheet via the county "undisclosed" link.
The County agrees to follow these invoice procedures. Failure to comply will result in
nonpayment. Funds will be disbursed to the County on approval of the invoice
submitted quarterly.
2
Weighmaster Enforcement
(Junk Dealers and Recyclers)
County Letterhead
VOICE
E
To: Agreement #
California Department of Food & Agriculture Fiscal Year: FY 15116
Division of Measurement Standards
6790 Florin Perkins Road, Suite 100 Quarter:
Sacramento, CA 95828
Attn: Lance Simmons, Agreement Manager PCA # 54001
In accordance with the California Business and Professions Code Section 12703.1,
funds have been allocated for CDFA to pay the County of
the sum of $ per fiscal year.
The County has complied with the conditions as required.
Approved: Date:
County Representative
Approved; Date:
Division of Measurement Standards
Include a summary list stating the total number of initial inspections completed,
location of inspections, the weighmaster license name, the weighmaster
license number, and the amount of money requested. Please submit invoice
in pdf,jpg, or png format by uploading via the county "undisclosed" link.
EXHIBIT B
PAYMENT PROVISIONS AND BUDGET
1. Invoicing and Payment
A. For activities performed according to the attached Scope of Work, Budget and the terms of this Agreement, and
upon receipt and approval of the invoices, the CDFA agrees to compensate the Recipient for actual allowable
expenditures incurred in accordance with this Agreement and stated 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 Exhibit A, Scope of Work, monthly invoices must be submitted to the CDFA Agreement Manager,
within thirty(30) calendar days after the end of each month in which activities under this Agreement were
performed
D. 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. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted for purposes of this program, the CDFA will have the option to either
terminate this Agreement with no liability occurring to the CDFA, or offer to amend the Agreement to reflect the
reduced amount.
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. Allowable Line Item Shifts
The Recipient must obtain written approval from the CDFA Agreement Manager for any line-item shifts.
5. Allowable Expenses and Fiscal Documentation
A. The Recipient must maintain adequate documentation for expenditures subject to this Agreement to permit the
determination of the allowability of expenditures reimbursed by the CDFA under this Agreement. If CDFA cannot
determine expenditures are allowable under the terms of this Agreement because records are nonexistent or
inadequate according to Generally Accepted Accounting Principles, the CDFA may disallow the expenditure.
B. If domestic travel is a reimbursable expense, receipts must be maintained to support the claimed expenditures.
The maximum rates allowable for travel within California are those established by the California Department of
Human resources (CaIHR). The maximum rates allowable for domestic travel outside of California are those
established by the United States General Services Administration (GSA).
C. If international 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. All international travel must comply with the"Fly America Act" USC Title 49§40118.
D. The Recipient must maintain and have available, upon request by the CDFA, all financial records and
documentation pertaining to this Agreement. These records and documentation must 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.
6. Budget
For a detailed budget of all the activities to be performed under the Scope of Work, see attached Budget.
BUDGET
County: Fresno
Weighmaster Enforcement: PCA 54001
44 Site Inspections at $240.00 per Inspection: $ 10,560.00
Total Agreement Amount: $ 10,560.00
EXHIBIT C
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. Assignment
This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the
Agreement Manager, in the form of a formal written amendment.
3. Mutual Liability
Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts of omissions, or
those of its officers, agents or employees to the full extent required by law.
4. Disputes
The Recipient must continue with the responsibilities under this Agreement during any dispute with the CDFA. In the
event of a dispute, the Recipient must file a "Notice of Dispute" with the CDFA Agreement Manager 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 Agreement Manager 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.
5. Contractors/Consultants
The Recipient must obtain prior approval from the CDFA Agreement Manager before hiring contractors, consultants or
both. Recipient must follow their organization's written procurement policy and in the absence of a written policy or
when the policy does not require competition the organization must conduct a competitive procurement process. The
procedures must reflect applicable State and local laws and regulations and all contractors must have the proper
licenses/certificates required in their respective disciplines.
A contract under this Agreement must be a written Agreement between the Recipient and the Contractor/Consultant,
and must state the activities to be performed, the time schedule, the policies and requirements that apply to the
Contractor/Consultant, the amount of the contract, and the requirements and restrictions to be used in determining
allowable costs. The contract must not affect the Recipient's overall responsibilities for the management of the project,
and the Recipient must reserve sufficient rights and control to enable it to fulfill its responsibilities under this Agreement.
If the Recipient contracts for a portion of the work required by this Agreement, nothing contained in this Agreement or
otherwise shall create any contractual relation between the CDFA and any Contractor/Consultant, and no contract shall
relieve the Recipient of its responsibilities and obligations hereunder. The Recipient's obligation to pay its
Contractors/Consultants is an independent obligation from the CDFA's obligation to make payments to the Recipient.
The CDFA shall have no obligation to pay or to enforce the payment of any monies to any Contractor/Consultant.
The Recipient agrees to be as fully responsible to the CDFA for the acts and omissions of its contractors 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 Recipient. The Recipient, and the agents and employees of the Recipient, in the performance of this Agreement,will
act in an independent capacity and not as officers or employees or agents of the State.
6. Non-Discrimination Clause
The Non-Discrimination Clause applies to the extent that the requirements therein are applicable to the Federal
Government. During the performance of this Agreement, Recipient and its contractors will not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race,
color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital
status, and denial family care leave.
The Recipients and contractors will ensure that the evaluation and treatment of their employees and applicants for
employment are free from such discrimination and harassment. Recipient and contractors will comply with the
provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) 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. Recipient and its contractors 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.
7. Governing Law
This Agreement is governed by and must be interpreted in accordance with all applicable Federal and State laws.
8. Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree
that all other provisions of this Agreement have force and effect and will not be affected thereby.
9. 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.
10. Right to Terminate
This Agreement may be terminated by either party hereto upon written notice delivered to the other party at least
thirty(30) calendar days prior to the intended date of termination. By such termination, neither party may 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.
11. Termination for Cause
The CDFA may terminate this Agreement should the Recipient fail to perform the requirements of this Agreement at the
time and in the manner herein provided. However the Recipient will have fifteen (15) calendar days after receipt of the
termination notice to cure the breach. If the breach is not cured within fifteen (15) calendar days of receipt of notice, the
CDFA shall reimburse the Recipient for all project specific costs incurred through the date of termination, including all
uncancellab►e obligations, subject to the requirements of 2 CFR 200.471, applicable to sponsored agreements.
12. Reporting Requirements
The Recipient agrees to complete all reporting requirements listed in Exhibit A, Scope of Work.
13. 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. Recipients may not use the United States Department of Agriculture logo or the CDFA logo.
14. Property Damage Claims Process
Should the property owner claim damages arising under, related to or involving this Agreement, the Recipient shall
forward the property owner's written request for compensation to the CDFA Agreement Manager. The written request
shall be fully supported by factual information. The Agency Secretary or designee will have thirty (30) calendar days
after receipt of the written request to render a written decision. If a written decision is not rendered within
thirty(30)calendar days after receipt of the request or the property owner disputes the CDFA's decision, the property
owner may file a claim with the Victims Compensation Government Claims Board.
15. Force Maieure
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, failures of any required
governmental approval, civil disorders, acts of aggression, acts of God, energy or other conservation measures, failure
of utilities, mechanical breakdowns, materials shortages, disease, or similar occurrences.
16. Amendments
Changes to Exhibit A, Scope of Work, Exhibit B, Budget, or the end date, must be requested in writing to the
CDFA Agreement Manager via letter, fax or email no later than sixty (60) calendar days prior to the requested
implementation date. Any changes to the Scope of Work, Budget, and end date are subject to Agreement Manager
approval, and, at its discretion, the Agreement Manager may choose to accept or deny these changes. A formal
amendment to the Agreement is required for these changes. No amendments are possible if the Agreement is expired.
CONTRACT NAME: Weighmaster Program
CONTRACT NUMBER: 15-0090-SA
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Department Head's Signature
, �- 44kr'
Les Wright Lj
Agricultural Commissioner/Sealer
APPROVED AS TO LEGAL FORM:
Daniel C. Cederborg, County Counsel
By.
f Deputy County Cou el
J
APPROVED AS TO ACCOUNTING FORM:
l
Vicki Crow, C.P.A.
Auditor-Controller/Treasurer-Tax Collector
FOR ACCOUNTING INFORMATION ONLY:
Org: 40101013
Account: 3545
Fund: 0001
Program: 0
Subclass: 10000