HomeMy WebLinkAboutAgreement A-15-561 with Ca. Dept. of Food Ag.pdf California Department of Food and Agriculture
Agreement No. 15-561
AGREEMENT
GAU-03(Rev.8/20/15)
COOPERATIVE AGREEMENT AGREEMENT NUMBER
SIGNATURE PAGE 15-0456-SA
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 term of this Agreement is: November 1, 2015 through March 31, 2016
3. The maximum amount of this Agreement is: $3,608.00
Three Thousand Six Hundred Eight 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
part ofthe Agreement:
Exhibit A: 2 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: PBW Cotton Plowdown & Monitoring
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
RECIPIENT
RECIPIENT'S NAME(Organization's Name)
COUNTY OF FRESNO
BY( o'ed Signet re) Dlit�ED(Do not type)
lu W . 3 "Is,
PRI415iliaW
LE PE ON SI G ATTEST:
ADDRESS BERNICE E.SEIDEL,Clerk
1730 S. Maple Avenue, Fresno, ��93702 Board of Supervisors
B
STATE OF CALIFORNIA 91uty
AGENCY NAME
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE (CDFA)
BY(Authorized Signature) --[DATE SIGNED(Do not type)
,d
PRINTED NAME AND TITLE OF PERSON SIGNING
CRYSTAL MYERS, MANAGER, OFFICE OF GRANTS ADMINISTRATION
ADDRESS
1220 N STREET, ROOM 120
SACRAMENTO, CA 95814 Ci
EXHIBIT A
RECIPIENT AND PROJECT INFORMATION
1. CDFA hereby awards an Agreement to the Recipient for the project described herein:
Pink Bollworm Cotton Plowdown and Host Free Period Monitoring Program.
2. The Managers for this Agreement are:
FOR CDFA: FOR RECIPIENT:
Name: Patrick Akers Name: Les Wright
...Chung Lui
Section/Unit: PHPPS/INTEGRATED PEST Section/Unit: COUNTY OF FRESNO
CONTROLBRANCH
Address: 3294 Meadowview Road Address: 1730 S. Maple Avenue
City/State/Zip: Sacramento, CA 95832 City/State/Zip: Fresno, CA 93702
Phone: 916-262-1369 Phone: 559-600-7510
916-262-1371
Email Address: patrick.akers@cdfa.ca.gov Email Address: fresnoag@co.fresno.ca.us
chung.lui@cdfa.ca.gov
3. For a detailed description of activities to be performed and duties, see Scope of Work.
) Les Wright,Ag.Commissioner
) 1730 S.Maple Avenue
Fresno,CA 937024596
} (559)600-7510
Scope of Work
Fresno County Agricultural Commissioner
Pink Bollworm Cotton Plowdown and Host-free Period Monitoring Program
�l Fiscal Year 15/16. Grant Term: 11/01/15 through 03/31/16
AGENCY RESPONSIBILITY
Section 1. California Department of Food and Agriculture (CDFA), Pink Bollworm (PBW)
Program will:
A. Provide cotton acreage maps describing the location of known cotton fields to aid in
plowdown/host-free period compliance monitoring by November 15, for Districts 2, 3,
and 4, San Joaquin Valley (SJV) or the County Agricultural Commissioner (CAC) can
utilize their computerized pesticide use report registration data for determining field
location.
B. Provide the cotton acreage figures as the basis for the established $0.09 per acre funding
level for their program. Acreage figures will be provided by the CDFA as determined by
the PBW mapping program.
C. Provide technical assistance and training to CAC's office personnel,as requested, on how to
achieve and maintain the cotton host-free period.
D. Provide a list of current year and prior year PBW native find sites by county, township-
range and section to the CAC.
E. In the SJV, monitor all cotton fields in each county in which native PBW life forms have
been found during the current cotton-growing season.
F. When feasible, conduct quality control checks on host-free period program. Contact
person: Patrick Akers, Program Supervisor, CDFA, 3294 Meadowview Road, Sacramento,
CA 95832,Phone(916)262-1369,Fax(916)262-2020.
Section 2. The County Agricultural Commissioner will:
A. Survey all cotton growing areas in his or her county and enforce plowdown and host-free
compliance according to provisions of the California Food and Agricultural Code, sections
5404,5552,5553,5781 through 5784,5786 and Title 3, California code of Regulation (CCR),
sections 3590 and 3595. Plus enforce any Special Permits issued by the Secretary under
Title 3,CCR,Section 3154,which are relevant to plowdown compliance and/or the host-free
t period.
B. Reporting Requirements: Within 15 days after the plowdown date for each respective
district, make a report to the CDFA,PBW Program, on the status of plowdown compliance
in each county. Continue to submit monthly reports on the status of plowdown compliance
and maintenance of the host-free period intervals until the cotton planting dates have been j
reached. Information on all fields not in compliance or under action and any penalties or
fines levied should be included in the monthly reports.
A final status report will be submitted with the invoice for a lump-sum payment.
Fi:/I PC/A DM I N/CON'FRACT/12020-PI3 W/PI.O W DO W N-SOW-FY2015
EXHIBIT B
PAYMENT PROVISIONS AND BUDGET
1. Invoicing and Pavment
A. For activities performed according to the attached Scope of Work, Budget and the terms of this Agreement, and upon
receipt 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.
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.
I
FISCAL. DISPLAY/ BUDGET SHEET
f
FRESNO
COUNTY AGRICULTURAL COMMISSIONER
I
Pink Bollworm Program
Cotton Plowdown & Host-free Monitoring
Fiscal Year 2015/2016
Grant Term:
November 1, 2015 through March 31, 2016
f
I �
t
I
Cotton Acreage Cost Per Acre * Amount
E 40,090 $0.09 $ 3,608
*Amount Rounded
i
3
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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 mutual and proportional 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, and the agents and employees of Recipient, in the performance of this Agreement, are not officers,
employees, or agents of CDFA. The Recipient's obligation to pay its contractors is an independent obligation from the
CDFA's obligation to make payments to the Recipient.
Recipient agrees to comply with all applicable State and local laws and regulations during the term of this Grant
Agreement. All contractors/consultants shall have the proper licenses/certificates required in their respective disciplines.
The contract shall not affect the Recipient's overall responsibility for the management of the project, and the Recipient
shall reserve sufficient rights and control to enable it to fulfill its responsibilities under this Agreement.
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.
S. 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. Ri ht 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 parties may terminate this Agreement should either party fail to perform the requirements of this Agreement at the
time and in the manner herein provided. However each party 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
uncancellable obligations applicable to sponsored agreements.
12. Reporting Re uirements
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 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: Pink Bollworm — Cotton Plowdown
CONTRACT NUMBER: 15-0455-SA
REVIEWED AND RECOMMENDED
FOR APPROVAL:
Department Head's Signature
Y
Les Wright
Agricultural Commissioner/Sealer
APPROVED AS TO LEGAL FORM:
Daniel C. Cederborg, County Counsel
B ' <v zl(124-1
Deputy County Counsel
APPROVED AS TO ACCOUNTING FORM:
By: 0-'e< r,� ,
Vicki Crow, C.P.A.
Auditor-Controller/Treasurer-Tax Collector
FOR ACCOUNTING INFORMATION ONLY:
Org: 40101002
Account: 3545
Fund: 0001
Program: 0
Subclass: 10000