HomeMy WebLinkAboutAgreement A-17-555 with CA Dept. of Food Ag.pdf Agreement No. 17-555
State of California,Department of Food and Agriculture
AGREEMENT
GAU-03(Rev,Bl2017)
COOPERATIVE AGREEMENT AGREEMENT NUMBER
SIGNATURE PAGE
17-4445-000•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 1,2017 through March 31,2018
3, The maximum amount of this Agreement is: $6,677.00
4. The parties agree to comply with the terms and conditions of the following exhibits and attachments which are bythis
reference made a part of the Agreement:
Exhibit A:Recipient and Project Information 1 Page
Exhibit B:General Terms and Conditions 2 Page
Exhibit C:Payment and Budget Provisions 1 Page(s)
Attachments:Scope of Work and Budget 2 Page(s)
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
RECIPIENT
RECIPIENT'S NAME(Organlzatlon's Name)
COUNTY OF FRESNO
BY(Au orize Signature) DATE SIGNED(Do not type)
ATTEST:
/ BERNICE E.SEIDEL
PRINTED NAME AND TITLE OF PERSON SIGNING Clerk to the Board of Supervisors
i3RTAN PACHEGO, CHA =,_$pd, n fgu j s�rg County of Fresno,State of California
ADDRESS By 9u c M &S�h�
1730 S Maple Avenue,Fresno,CA 93702 Deputy
STATE OF CALIFORNIA
AGENCY NAME
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE(CDFA)
8Y(Author'e+�Signature) DATE SIGNED(Do t t9 yp J
g ( G
PRINTED NAM TITLE PERSON I NING
CRYSTAL MtfNI)
RS,BRANCH CHI ,OFFICE OF GRANTS ADMINISTRATION
ADDRESS
1220 N STREET,ROOM 120
SACRAMENTO,CA 95814 , CJ
EXHIBIT A
RECIPIENT AND PROJECT INFORMATION
1. CDFA hereby awards an Agreement to the Recipient for the project described herein:
Survey all cotton growing areas in the 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, 578E
and Title 3, California Code of Regulation {CCR} Sections 3590 and 3595; and Title 3, CCR, Section 3154.
Enforce any special permits issued bythe Secretary,which are relevant to plowdown compliance andlor the host-
free period.
Project Title: "Pink Bollworm Cotton Plowdown and Host-free Period Monitoring Program"
2. The Managers for this Agreement are:
FOR CDFA: FOR RECIPIENT:
Name: Larry Olagues Name: Les Wright
Section/Unit: PHPPS/Integrated Pest Control Section/Unit: COUNTY OF FRESNO
Branch
Address: 3294 Meadowview Road Address: 1730 S Maple Avenue
City/State/Zip: Sacramento, CA 95832 City/State/Zip: Fresno, CA 93702
Phone: 661-395-2914 j Phone: 559-600-7510
Email Address: larry.olagues@cdfa.ca.gov Email Address: lwright@co.fresno.ca.us
3. The Grant Administrative Contacts for this Agreement are:
FOR CDFA: FOR RECIPIENT:
Name: Marc Yee Name:
Fred Rinder
Section/Unit: PHPPS/Integrated Pest Control Section/Unit:
Branch Standards & Statistics/ F & V 1
Address: 3294 Meadowview Road Address:
_ 1730 S Maple Avenue
City/StatelZip: Sacramento, CA 95832 City/State/Zlp: Fresno CA 93702
Phone: 916-262-1370 Phone:
559 600-7510
Email Address: marc.yee@cdfa.ca.gov Email Address:
no
FISCAL CONTACT FOR RECIPIENT
if different from above):
Name:
Section/Unit:
Address:
City/StatelZip:
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 t,
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. Governing Law
This Agreement is governed by and must be interpreted in accordance with all applicable Federal and State laws.
4. 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.
5. 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 mustfile a"Notice of Dispute"with the CDFAAgreement 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.
6. Contractors/Consultants
The Recipient, and the agents and .employees of Recipient, in the performance of this Agreement, are not officers,
employees, or agents of the 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 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.
7. 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.
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
roust pay all responsible costs and non-cancellable obligations incurred by the Recipient as of the date of termination.
11. Termination for Cause
Either party reserve the right to immediately terminate this Agreement for cause subject to written notice. 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 documented
costs incurred up to the date of termination, including all non-cancellable obligations, pursuant to 2 CFR 200.471.
12. Reporting Recluirements
The Recipient agrees to complete all reporting requirements listed in 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
California Department of General Services.
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 Scope of Work, 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.
17.Suspension of Payments
Payment under this Agreement may be suspended or terminated, or both, and Recipient may be subject to debarment if
the CDFA determines that Recipient has breached the terms of this Agreement. Upon discovery of any violations of the
Agreement terms and conditions, Recipient will be advised in writing of the terms breached and the reasons for imposing
suspension of payments. A determination of breach may be appealed in writing and post marked within ten(10) business
days of the date of notification, and mailed to:
California Department of Food and Agriculture
Legal Hearing and Appeals Office
1220 N Street, Suite 400
Sacramento, CA 95814
Or delivered by email with a date(timestamp within ten (10) business days to:
CDFA.LegalOffice@cdfa.ca.gov
18. 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, resolution of any audiVdesk review findings, and resolution of any performance or compliance issues.
19. Record Retention and Accessibility
The Recipient must retain all records relating to the Agreement for a period of three (3) years from the date of the close
out notification or Agreement period, date of final resolution of any performance or financial compliance issues,whichever
is later.
EXHIBIT G
PAYMENT AND BUDGET PROVISIONS
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 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 the 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(34) 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 tine 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.
6. Budget
For a detailed budget of all the activities to be performed under the Scope of Work, see attached Budget,
I Les Wright,Ag.Commissioner
1730 S.Maple Avenue
Fresno,CA 93702-4596
(559)600--75 10
Scope of Work
Fresno County Agricultural Commissioner
Pink Bollworm Cotton Plo-wdown and Host-free Period Monitoring Program
Fiscal Year 17/18 Grant Term: 11/01117 through 03/31/18
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 field's 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 hG'VV 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: Larry Olagues, Agricultural Pest Control Supervisor, CDFA, 5100 Douglas Ave.,
Shafter,CA 93263,Phone(661)395-2914,Fax(661)399-1601.
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
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
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.
Il:\IPC1ADMIN1CON'FRACT\20-20-20-1111W\Illo%vdoNvti\ll1,OWDOWN-AlI Filcs+VariouskPL0WD0WN-2017YR
FRESNO COUNTY
AGRICULTURAL COMMISSIONER
Pink Bollworm.Program
Cotton Plowdown&Host-ftee Monitoring
Fiscal Year 201712018
Grant Term:
November 1,2017 through March 31,2018
FISCAL DISPLAY/ BUDGET SHEET
Cotton Acreage Cost Per Acre Amount
74,185 $0.09 $ 6,677
*Amount Rounded