HomeMy WebLinkAboutGWSS- Areawide 21-0517-023-SF.pdf State of California, Department of Food and Agriculture
AGREEMENT
GAU-03 (Rev.10/2021)
COOPERATIVE AGREEMENT AGREEMENT NUMBER
SIGNATURE PAGE 21-0517-023-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: July 1, 2022 through June 30, 2024
3. The maximum amount of this Agreement is: $647,942.58
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 parties hereto.
RECIPIENT
RECIPIENT'S NAME (Organization's Name)
COUNTY OF FRESNO
BY (Authorized Signature) DATE SIGNED
0
PRINTED NAME AND PERSON SIGNING
MELISSA CREGAN, Agricultural Commissioner/Sealer of Weights and Measures
ADDRESS
1730 S Maple Avenue, Fresno, CA 93702-4596
STATE OF CALIFORNIA
AGENCY NAME
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE (CDFA)
BY (Authorized Si nature) DATE SI&N.F��
Laura rf. Rod ri u ez gi a y signed by Laura H. Rodriguez
g Date: 2022.07.11 12:11:36 -07'00'
PRINTED NAME AND TITLE OF PERSON SIGNING
CRYSTAL MYERS, BRANCH CHIEF, OFFICE OF GRANTS ADMINISTRATION
ADDRESS
1220 N STREET, ROOM 120
SACRAMENTO, CA 95814 LB
EXHIBIT A
PRIME AWARD INFORMATION
Federal Agency: USDA-APHIS-PPQ
Federal Award Identification Number: AP22PPQFO0000001
Federal Award Date: February 26, 2022
Catalog of Federal Domestic Assistance Number 10.025
(CFDA) and Name: Plant and Animal Health, Pest Control, and
Animal Care
Amount Awarded to CDFA: $6,011,855.00
Effective Dates for CDFA: October 1, 2021 through September 30, 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:
Grant recipient will complete treatments that were directed and approved by federal cooperator and
treatment coordinators for fiscal years 2022-2023 and 2023-2024. The treatments were directed
based on state trapping records.
Project Title: Glassy-Winged Sharpshooter (GWSS) Program - Areawide
2.The Managers for this Agreement are:
FOR CDFA: FOR RECIPIENT:
Name: Michelle Phillips Name: Melissa Cregan
Division/Branch: Pierce's Disease Control Organization: County of Fresno
Program
Address: 1220 N Street Address: 1730 S Maple Avenue
City/State/Zip: Sacramento, CA 95814 City/State/Zip: Fresno, CA 93702-4596
Phone: 916-216-4664 Phone: 559-600-1902
Email Address: michelle.phillips@cdfa.ca.g Email Address: fresnoag@co.fresnoca.us
ov
3. The Grant Administrative Contacts for this Agreement are:
FOR CDFA: FOR RECIPIENT:
Name: Myrna Villegas Name: Amanda Zito
Division/Branch: Pierce's Disease Control Organization:
Program COUNTY OF FRESNO
Address: 1220 N Street Address: 1730 S. Maple Avenue
City/State/Zip: Sacramento, CA 95814 City/State/Zip: Fresno, CA 93702
Phone: 916-530-0461 Phone: (559) 600-1960
Email Address: myrna.villegas@cdfa.ca.gov Email Address: azito@fresnocountyca.gov
FISCAL CONTACT FOR RECIPIENT
(if different from above):
Name: same as above
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 X❑ 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. California State Auditor
This Agreement is subject to examination and audit by the California State Auditor for a period of
three (3) years after final payment under the Agreement.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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. If mileage is a reimbursable expense, 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 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).
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.
Fresno County Area Wide Trapping and Grower Reimbursement Agreement
Fiscal Years 2022-23 & 2023-2024
Citrus Grid Trapping/Survey
Objective
To implement an intergovernmental, coordinated state and community-wide plan to detect and, if
found, respond to the presence of the glassy-winged sharpshooter (GWSS) in and around
commercial citrus, grapes, and other plantings, as approved, in Fresno County.
The objective of this work plan is for the County to conduct the trapping on an every other week
basis from about February 161h to November 15th in commercial citrus. In commercial grapes and
other designated plantings, the trapping will be done on the same interval but from about May I"
to the end of October.
Responsibilities
Designated Agency
The Fresno County Department of Agriculture (FCDA) is the designated agency by the Fresno
County Board of Supervisors as the local public entity to conduct the Pierce's Disease Control
Program (PDCP)within the county. The California Department of Food and Agriculture
(CDFA) will work in cooperation with the FCDA, the State PDCP Science Advisory Panel, the
Fresno County GWSS Task Force, and other interested parties in implementing this plan.
CDFA Responsibilities
• CDFA will provide on-site expertise as needed.
• CDFA will provide sticky yellow panel traps.
• CDFA will provide bamboo poles for trap placement.
• CDFA will provide equipment for trapping and data transfer to Sacramento.
County Responsibilities
• Act as designated agency for the PDCP activities occurring within the jurisdiction of the
County.
• Act as designated liaison to local City and County agencies regarding PDCP activities.
• Hire, train and supervise all seasonal or temporary personnel required for the project.
Provide such personnel with appropriate equipment and supplies to carry out trapping
activities.
• Conduct all delimitation and intensive surveys on a quarter mile grid pattern in the citrus
areas of the county in accordance with USDA protocols.
• Provide CDFA with daily status reports, through the use of barcode and information
technology to be shared with cooperating agencies, on the results of all surveys and
create detailed maps as needed.
• Invoice CDFA and enter data online on a monthly basis for all county work performed.
• The work plan activities qualify for the exemption to CEQA under Public Resources
Code Section 21080(b)(4). The County will complete a checklist and ensure all activities
follow CDFA management practices and any necessary mitigation measures are
implemented. The CDFA management practices and mitigation measures are attached.
Grower Reimbursement
Objective
The objective of this part of the work plan is to reimburse Fresno County for treatments that
were made on behalf of the program. These would have been approved by the Treatment
Coordinator, in coordination with the USDA GWSS Program Director.
Responsibilities
The FCDA is the designated agency and the Agricultural Commissioner/Sealer is designated by
the Fresno County Board of Supervisors as the local public entity to conduct the Pierce's Disease
Control Program(PDCP) within the county. The California Department of Food and Agriculture
(CDFA) will work in cooperation with the FCDA, the USDA, the Treatment Coordinator, the
State PDCP Science Advisory Panel, the Fresno County GWSS Task Force, and other interested
parties in implementing this plan.
CDFA Responsibilities
• Will provide on-site expertise as needed.
• Will hire the Treatment Coordinator through the competitive bid process.
• CDFA will process request for grower reimbursement as soon as received from FCDA.
County Responsibilities
• Act as designated agency for the PDCP activities occurring with the jurisdiction of the
County.
• Act as designated liaison to local City and County agencies regarding PDCP activities.
• Hire, train, and supervise county personnel required for the project. Provide such
personnel w/appropriate equipment& supplies to carry out trapping activities.
• Provide USDA, CDFA, and other GWSS program staff with trapping and grower
reimbursement updates at meetings.
• Track authorized treatments, and actual treated acres by permit/side ID, treatment date,
and chemical used in a spreadsheet-type file.
• Invoice CDFA and enter data online on a monthly basis for all county work performed.
• The work plan activities qualify for the exemption to CEQA under Public Resources
Code Section 21080(b)(4). The County will complete a checklist and ensure all activities
follow CDFA management practices and any necessary mitigation measures are
implemented. The CDFA management practices and mitigation measures are attached.
PIERCE'S DISEASE CONTROL PROGRAM
BUDGET
Fresno County (Area Wide) Proposed PDCP Budget 2022-2023
CITRUS GRID TRAPPING/INSPECTION ACTIVITIES
*PERSONNEL SERVICES
Hourly Number of
Permanent Salaries Rate Hours Total
Deputy Agricultural Commissioner 56.46 20 1,129.20
Supervising Agricultural/Standards Specialist 43.93 120 5,271.60
Agricultural/Standards Specialist 37.04 40 1,481.60
Agricultural Technician 22.81 40 912.40
Agricultural Field Aid 17.07 3000 51,210.00
Program Technician 29.32 40 1,172.80
3260 Total Permanent 61,177.60
Temporary Salaries
Seasonal Agricultural Field Aid 14.16 1280 18,124.80
1280 Total Temporary 18,124.80
Permanent Staff Benefits Rate
Deputy Agricultural Commissioner 0.872 984.66
Supervising Agricultural/Standards Specialist 0.926 4,881.50
Agricultural/Standards Specialist 0.863 1,278.62
Agricultural Technician 0.938 855.83
Agricultural Field Aid 1.082 55,409.22
Program Technician 0.997 1,169.28
Total Permanent Benefits 64,579.11
Temporary Benefits Rate
Seasonal Agricultural Field Aid 0.751 13,611.72
Temporay Benefits 13,611.72
Total Personnel Services 157,493.23
OPERATING EXPENSES
Grower Reimbursements Rate Acres
Imidcloprid per acre 22.00 1,818.18 40,000.00
Various Foliar per acre 100.00 400.00 40,000.00
Total Reimbursements 80,000.00
General Expense/Supplies
General Expense/Supplies(general office and field supplies) 1,854.75
Postage 100.00
**Vehicle Expense Rate Miles
County @$0.585 per mile 0.585 70000 40,950.00
Communication-cell phones&data processing 4,200.00
Indirect Cost(25%of total personnel services) 0.25 39,373.31
Total General Expense 86,478.06
Total Operating Expenses 166,478.06
Total Survey/Inspection Activities 323,971.29
PIERCE'S DISEASE CONTROL PROGRAM
BUDGET
Fresno County (Area Wide) Proposed PDCP Budget 2023-2024
CITRUS GRID TRAPPING/INSPECTION ACTIVITIES
*PERSONNEL SERVICES
Hourly Number of
Permanent Salaries Rate Hours Total
Deputy Agricultural Commissioner 56.46 20 1,129.20
Supervising Agricultural/Standards Specialist 43.93 120 5,271.60
Agricultural/Standards Specialist 37.04 40 1,481.60
Agricultural Technician 22.81 40 912.40
Agricultural Field Aid 17.07 3000 51,210.00
Program Technician 29.32 40 1,172.80
3260 Total Permanent 61,177.60
Temporary Salaries
Seasonal Agricultural Field Aid 14.16 1280 18,124.80
1280 Total Temporary 18,124.80
Permanent Staff Benefits Rate
Deputy Agricultural Commissioner 0.872 984.66
Supervising Agricultural/Standards Specialist 0.926 4,881.50
Agricultural/Standards Specialist 0.863 1,278.62
Agricultural Technician 0.938 855.83
Agricultural Field Aid 1.082 55,409.22
Program Technician 0.997 1,169.28
Total Permanent Benefits 64,579.11
Temporary Benefits Rate
Seasonal Agricultural Field Aid 0.751 13,611.72
Temporay Benefits 13,611.72
Total Personnel Services 157,493.23
OPERATING EXPENSES
Grower Reimbursements Rate Acres
Imidcloprid per acre 22.00 1,818.18 40,000.00
Various Foliar per acre 100.00 400.00 40,000.00
Total Reimbursements 80,000.00
General Expense/Supplies
General Expense/Supplies(general office and field supplies) 1,854.75
Postage 100.00
**Vehicle Expense Rate Miles
County @$0.585 per mile 0.585 70000 40,950.00
Communication-cell phones&data processing 4,200.00
Indirect Cost(25% of total personnel services) 0.25 39,373.31
Total General Expense 86,478.06
Total Operating Expenses 166,478.06
Total Survey/Inspection Activities 323,971.29
CONTRACT NAME: GWSS- Areawide Agreement .
CONTRACT NUMBER: 21-0517-023-SF
APPROVED AS TO LEGAL FORM:
Daniel C. Cederborg, County Counsel
By:
'Deputy County Cou
APPROVED AS TO ACCOUNTING FORM:
B �"%
Y
Oscar J. Garcia, C.P.A.
Auditor-Controller/-Freasurer-Tax Collector
FOR ACCOUNTING INFORMATION ONLY:
Org: 40101016
Account: 3545
Fund: 0001
Program: 0
Subclass: 10000
USDA,APHIS Agreement# 19-8100-0395-MU
Cooperator Agreement#
Cooperator Tax Id# 68-0325104
Expiration Date SZ 2,0Z y
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE UNITED STATES DEPARTMENT OF AGRICULTURE
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
PLANT PROTECTION AND QUARANTINE(APHIS-PPQ)
AND THE
CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE(CDFA)
ARTICLE l - PURPOSE AND SCOPE
The,purpose of this Memorandum is to provide for effective cooperation between the Parties to
protect the Nations' agricultural, horticultural, timber,plant, and other resources from damage
caused by plant pests or noxious weeds. The scope of this Memorandum encompasses
cooperative plant protection and quarantine programs and activities directed at plant pests and
noxious weeds of mutual concern. The Parties believe that effective cooperation between them in
planning and implementing plant protection and quarantine programs will help attain the Parties'
mutual objective of protecting the Nation's plant health.
ARTICLE 2 -AUTHORITIES
This Memorandum is entered into by APHIS under the Plant Protection Act,as amended(7 USC
7701 et s) (PPA) which, in part, authorizes the Secretary of the United States Department of
Agriculture(USDA) to cooperate with States or political subdivisions thereof, domestic or
international organizations or associations, and individuals to carry out the PPA. In addition,
pursuant to 7 USC 2279g, the Federal and State Parties may cooperate to carry out programs to
protect the nation's plant resources and pursuant to 7 USC 2814, the Parties can cooperate on the
management of undesirable plants on Federal lands.
This Memorandum is entered into by the CDFA pursuant to California Food and Agriculture
Code(Section 482 (a)) Statutes that authorizes CDFA to cooperate with APHIS to conduct plant
protection and quarantine programs and activities to accomplish the purpose of this
Memorandum,including the phytosanitary inspection of plants and plant parts and the products
thereof, and to contribute a just proportionate share of the resources necessary to carry out
mutually agreed upon cooperation programs and activities.
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ARTICLE 3 -MUTUAL RESPONSIBILITIES OF THE PARTIES
The Parties agree that:
a. This Memorandum supersedes all existing Memoranda of Understanding, and
supplements and/or amendments thereto, between APHIS-PPQ and CDFA relating to the
Parties' cooperative activities to protect the Nation's agricultural, horticultural, timber, plant,and
other resources from damage caused by plant pests and noxious weeds within the State of
California, with the understanding that the Parties' cooperative plant protection and quarantine
programs now in progress pursuant to existing Memoranda of Understanding shall continue
under this Memorandum of Understanding, if consistent herewith.
b. Any things of value that a Party contributes to cooperative plant protection and
quarantine programs, such as funds,personnel, facilities, supplies, and equipment, shall be
specified and agreed to by execution of a separate and distinct written agreement, apart from this
Memorandum, that is in compliance with all applicable Federal and State laws and regulations.
c. Cooperative programs and activities initiated to carry out the purposes of this
Memorandum shall be planned,agreed upon, and implemented jointly by the Parties. Likewise,
cooperative work plans and methods of procedure shall be prepared jointly, and shall be subject
to revision by agreement of the Parties as progress of the work justifies.
d. Copies of cooperative work plans will be filed with each of the cooperating Parties.
C. Periodic progress reports of cooperative programs and activities shall be prepared and
furnished by each of the cooperating Parties, as required and/or mutually agreed upon by the
Parties.
f. The Parties will collaborate to identify components of the agricultural quarantine
inspection program at CDFA ports of entry where additional personnel and resources are needed
to ensure appropriate program delivery of pest exclusionary efforts.
ARTICLE 4 - RESPONSIBILITIES OF APHIS
APHIS agrees to:
a. Provide leadership in planning and implementing cooperative plant protection and
quarantine programs through APHIS regional, state, and work unit organizations.
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b. Collaborate in the planning and implementation of cooperative plant protection and
quarantine programs in the State of California.
c. Provide the acronym of state agency with pertinent information relating to the
cooperative plant protection and quarantine programs within the State.
. d. Develop, in cooperation with Federal research agencies,new and improved methods,
tecluiiques and procedures for use in cooperative plant protection and quarantine programs and
activities.
ARTICLE 5 - RESPONSIBILITIES OF CDFA
The CDFA agrees to:
a. Furnish the services of a mutually acceptable State official, whose duties shall include
the direction of the State's personnel who are engaged in cooperative plant protection and
quarantine programs, as well as to all matters related to the enforcement of State laws and the
effective utilization of personnel and facilities of its organizations conducting the cooperative
work. This State official will participate in joint planning,direction, and execution of
cooperative work programs pursuant to this Memorandum. .
b. Provide APHIS with pertinent information relating to the cooperative plant protection
and quarantine programs within the State.
c. Undertake directly, or in cooperation with the State agencies having the appropriate
jurisdiction, such enforcement and compliance treasures as may be necessary for the effective
enforcement of the State's plant protection and quarantine laws and regulations, including State
regulations governing the intrastate movement of regulated articles.
d. In accordance with the applicable State laws and regulations, authorize specified
APHIS plant protection and quarantine personnel to enter upon private property pursuant to the
authority of State law when necessary for the purposes of conducting inspections or surveillance
work regarding plant protection and quarantine programs and ensuring compliance with plant
protection and quarantine laws.
e. Revise State regulations,or promulgate new regulations, when such action is necessary
or advisable, to ensure the effective implementation of plant protection and quarantine programs
and activities.
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f. Solicit, as appropriate and applicable, the cooperation of State Universities,
Agricultural Experiment Stations, Agricultural Extension Service, and similar State
organizations to provide, among other things, their facilities,personnel, and assistance to
accomplish the cooperative plant protection and quarantine programs and activities.
g. Submit plant pests that are suspected new introductions into the United States to the
USDA,National Identification Services recognized authority as applicable with collection data
for final identification.
h. If applicable, when connected to the USDA-APHIS network or hosting APHIS
information and/or information systems,comply with the federal, USDA, and APHIS security
and privacy requirements to protect APHIS information and information systems against cyber
threats and unauthorized intrusions as required by the Federal Information Security Management
Acts of 2002 and 2014 (FISMA), the National Cybersecurity Protection Act of 2014, and the
Privacy Act of 1974. Specific USDA/APHIS control guidelines are outlined in the most current
version of the USDA/APHIS Information System Security Handbook. In accordance with
USDA and APHIS regulations and policies on email, the Recipient will not download any
material (i.e.,pictures,movies, or music files)bearing a copyright, nor access any material
defined as inappropriate in these regulations and directives. Additionally, the Recipient agrees
that any of its personnel that are given access to the APHIS network, any systems on the APHIS
network, or any personnel using APHIS-owned or funded computer equipment will take all
APHIS required security and privacy training. Furthermore, the Recipient will not disseminate,
post, or publish in any capacity official government information or data unless authorized to do
so by this Agreement.
Current APHIS security and privacy requirements,policies,and guidelines can be obtained
through the APHIS Information System Security Program Manager. APHIS follows USDA's
processes which are based on the most current National Institute of Standards and Technology
(MIST)special publications such as NIST Special Publications(SP) 800-37 and SP 800-53 and -
53A.
i. If applicable, work with the appropriate APHIS Program Unit's Information
Systems Security Manager and the APHIS Information Systems Security Program Manager to-
ensure compliance with the FISMA assessment and authorization (A&A)requirements for
APHIS information and information systems. The Recipient must follow USDA/APHIS A&A
guidelines and standards described in the USDA six step risk management framework process
guide located at: Departmental Regulation: Security Assessment and Authorization. The
regulation is based on applicable National Institute of Standards and Technology(MIST)
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publications such as,NIST SP 800—37, Guide for Applying the Risk Management Framework to
Federal Information Systems; and,NIST SP 800—53,Recommended Security Controls for
Federal Information Systems.
ARTICLE 6 -DATA SHARING AND RESPONSIBILITIES
a. Data to be Shared: The Parties agree to provide plant protection and quarantine data
to each other. The data to be provided to each Party by the other Party includes,but is not
limited to, plant protection and quarantine surveys, diagnostic information, detection activities,
inspection reports, and pest interception data. Each Party is responsible for transmitting the
provided data to its own authorized employees, cooperators, and contractors as applicable and
necessary, in order to carry out responsibilities under their respective plant health authorities.
Each Party agrees that it will ensure, to the extent provided by applicable laws and regulations,
that data provided by the other Party is not released to anyone that is not authorized to receive it.
b. Data Utilization: The Parties agree that the provided data will only be used in the
administration and enforcement of each Party's respective plant health laws and regulations.
Data provided by the Parties under this Memorandum may be used to ensure compliance with
their respective plant health laws and regulations, to respond to domestic plant pest and disease
emergencies, interceptions, and trace backs, to enhance delivery of pest exclusionary programs
and activities, to support pest surveying activities, to develop quarantines and other appropriate
measures for pest management and mitigation, to implement or improve international pre-
clearance and/or pest eradication programs and activities,pest risk assessments, phytosanitary
trade support, and the issuance of plant protection and quarantine permits, and to develop, in
cooperation with Federal research agencies,new and improved methods, techniques and
procedures for use in cooperative plant protection and quarantine programs and activities Each
Party agrees that it will ensure that the provided data is used only for purposes specified in this
Memorandum and only in a manner consistent with the provisions of the PPA.
c. Data Restrictions: The CDFA agrees and acknowledges that the data provided by
APHIS-PPQ pursuant to this Memorandum is solely APHIS-PPQ data and as such is or may be
subject to the confidentiality provisions of 7 USC §8791 of the Food, Conservation, and Energy
Act of 2008 (formerly Section 1619 of the 2008 Farm Bill) and the Privacy Act of 1974; and also
agrees to safeguard such confidentiality and prohibit any unauthorized access to the data
provided by APHIS as required by 7 USC §8791. The CDFA further agrees and acknowledges
that if 7 USC §8791 does apply to some or all of the APHIS provided data, that pursuant to 7
USC §8791, the CDFA is bound to and will comply with 7 USC §8791 (copy attached as
5
USDA,APHIS Agreement# 19-8100-0395-MU
Cooperator Agreement#
Cooperator Tax Id# 68-0325104
Expiration Date $ ZO 2-1-
Appendix A) and related APHIS-PPQ guidance. The CDFA understands that it may not release
any of the data provided by APHIS-PPQ since it is Federal Government data and it agrees to
refer any and all requests for the data provided by APHIS, not otherwise authorized to be
released under this Memorandum and applicable Federal laws and regulations,to the APHIS-
PPQ Legislative and Public Affairs, Freedom of Information and Privacy Act Office,4700 River
Rd. Unit 50, Riverdale, MD 20737, (301) 851-4102. Additionally, the CDFA agrees that it will,
if requested by APHIS, enter into a separate written agreement with APHIS-PPQ to protect from
release or disclosure any data provided by APHIS-PPQ that is subject to 7 USC §8791.
ARTICLE 7 -ENVIRONMENTAL
Consistent with the provisions of the Council on Environmental Quality regulations (40 CFR
1500— 1508) implementing the National Environmental Policy Act(NEPA), the Parties to this
Memorandum agree to cooperate in the preparation and completion of all NEPA environmental
analyses and documentation requirements(including mitigation requirements) for any project for
which APHIS prepares any NEPA documentation and analysis related to any cooperative
program created or initiated to carry out or accomplish the purposes of this Memorandum.
ARTICLE 8 - PROGRAM PERSONNEL
a. APHIS personnel are solely APHIS employees and are solely under APHIS' control
and direction.
b. Personnel of the CDFA are solely CDFA employees and are solely under CDFA
control and direction.
ARTICLE 9 -PUBLICATIONS
Subject to the limitations of Article 6, each of the Parties to this Memorandum shall be free to
use in its official correspondence and publications any of the results obtained in cooperative
plant protection and quarantine programs conducted under this Memorandum, giving due
acknowledgment and credit to the other Party. Publication maybe joint or independent, as may
be agreed upon by the Parties, always giving due credit to the other cooperating Parties, and
recognizing within proper limits the rights of the individuals doing the work. In case of failure to
agree as to the manner of publication or interpretation of results,either Party may publish such
material after due notice and submission of the proposed manuscripts to the other Party. In such
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instances, the Party publishing the material will give due credit to the other cooperating parties,
but will assume full responsibility for any statements on which there is a difference of opinion.
The CDFA may assert copyright in any aforesaid material developed by the CDFA that is subject
to copyright. The Federal Government shall reserve a worldwide,royalty-free,nonexclusive and
irrevocable right to reproduce,publish, or otherwise use the material for Federal Government
purposes, and to authorize others to do so.
ARTICLE 10 - FINANCING AND FUNDS MANAGEMENT
a. This Memorandum defines the basis on which the Parties will cooperate, and does not
constitute a financial obligation or serve as a basis for incurring expenditures. Each Party will
handle and expend its own funds. Any and all expenditures from Federal funds by APHIS made
in conformity with cooperative programs and activities conducted under this Memorandum must
be in compliance with USDA rules and regulations, and in each instance based upon appropriate
financial documentation. Expenditures made by the CDFA will be in accord with its laws and
regulations.
b. The responsibilities assumed by each of the cooperating Parties are contingent upon
funds being available from which the expenditures legally may be made.
c. State funds for cooperative programs and activities conducted under this Memorandum
shall not be expended by a Federal employee,even if the CDFA does not have a representative
stationed in the locality of the cooperative activities. Federal employees may handle the CDFA's
accounts for cooperative activities, but shall forward all vouchers to the disbursing agent of the
State for payment. The CDFA shall not send checks payable to Federal employees or send
checks payable to "Cash"or"Bearer"to Federal employees for payment of local expenses.
d. Cooperative program activities that may result in exchange, transfer, reimbursement,
off-setting, or any other means of moving funds from one Party to the other are not authorized
under the terms of this Memorandum. All such activities shall be documented and supported by
separate financial documentation in compliance with all applicable'Federal and State laws and
regulations.
ARTICLE 11 - INTELLECTUAL PROPERTY
Any invention made in the performance of this cooperative work jointly by an employee or
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employees of the USDA and the CDFA shall be fully disclosed,either by publication or by
patenting in the United States, and any such United States patent shall either be dedicated to the
free use of the people in the United States or be assigned or licensed to the United States of
America(Government) or be assigned or licensed to the CDFA, or jointly owned by the
Government and CDFA, as may be mutually agreed upon by the Parties hereto, provided, that in
the event of assignment or license to the CDFA, the Government shall retain an irrevocable,
nonexclusive, royalty-free license under the patent, throughout the world, to practice the
invention or have the invention practiced for or on behalf of the Government, and provided
further, that in the event of assignment or license to the Government, it shall be of the domestic
patent rights.
Where the domestic patent rights are assigned or licensed to the Government, the Government
shall have an option to acquire the foreign patent rights in the invention on which an application
for a United States patent is filed, for any particular foreign country, said option to expire in the
event that the Government fails to cause an application to be filed in any such country on behalf
of the Government or determines not to seek a patent in such country within eight months after
the filing of the application for a United States patent on the invention. Where the domestic
patent rights are assigned or licensed to the Government, but the foreign patent rights are
retained by an employee, the employee shall grant to the Government a nonexclusive,
irrevocable, royalty-free license in any patent that may issue thereon in any foreign country,
including the power to issue sublicenses for use on behalf of the Government and/or in
furtherance of the foreign policies of the Government, and said license shall also include the
power to sublicense licensees under the Government-owned or licensed United States patent to
practice the invention without payment of royalty or other restriction in any foreign country
wherein a corresponding patent may issue to the employee or this foreign assignee.
Any invention made in the performance of this cooperative work solely by an employee or
employees of the USDA or solely by an employee or employees of the CDFA shall be disposed
of in accordance with the policy of the USDA or CDFA, respectively,provided, that in the event
the invention is made solely by an employee or employees of the CDFA, the CDFA shall grant
or shall obtain from the assignee of any patent issued on said invention an irrevocable,
nonexclusive, world-wide,royalty-free license for the Government, to practice the invention or
have the invention practiced for or on behalf of the Government, and provided further, in the
event the invention is made solely by an employee or employees of the CDFA, that unless the
CDFA or his assignee has taken effective steps within three years after a patent issues on the
invention to bring the invention to the point of practical application or has made the invention
available for licensing royalty-free or on terms that are reasonable in the circumstances,or can
show cause why he should retain the principal or exclusive rights for a further period of time,the
Government shall have the right to require the granting of a license to an applicant on a
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nonexclusive, royalty-free basis.
Inventions made in the performance of this cooperative work may be subject to the applicable
statutes and regulations governing inventions,patents and licensing, at 35 U.S.C. §200-210 and
37 C.F.R. Part 401 and 404 (the Bayh-Dole Act). When applicable, the provisions of the Bayh-
Dole Act and its regulations shall be determinative,anything in this Article to the contrary
notwithstanding.
Further details regarding intellectual property shall be included in working plans as appropriate
per Article 3 of this agreement.
ARTICLE 12 - MISCELLANEOUS
a. The Parties to this Memorandum shall comply with all Federal statutes,regulations and
directives relating to nondiscrimination and that may apply to the cooperative activities
conducted under the auspices of this Memorandum.
b. No member of or delegate to Congress or resident commissioner shall be admitted to
any share or part of this Memorandum or to any benefit to arise there from, unless it be made
with a corporation for its general benefit.
ARTICLE 13 - DURATION,AMENDMENTS, AND TERMINATION
This Memorandum shall become effective upon the date of final signature, and shall remain in
effect for 5 years. This Memorandum may be modified or renewed upon mutual agreement of
the Parties in writing,and may be terminated at the request of either Party. Requests for any
major modification or termination shall be submitted, in writing, to the other Party for
consideration not less than 60 days in advance of the desired effective date.
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CALIFORNIA DEPARTMENT OF FOOD AND
AGRICULTURE
Crystal Branch C Fief — _� Date
rY Y
CALIFORNIA DEPARTMENT OF FOOD AND
AGRICULTURE
/ Xy
Nick Condos, Director, PHPPS Date
UNITED STATES DEPARTMENT OF AGRICULTURE
x I a( .III
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
PLANT PROTECTION AND QUARANTINE
Osama El-Lissy LZ Date
Deputy Administrator
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APPENDIX A
7 U.S.C.
United States Code,2011 Edition
Title 7-AGRICULTURE
CHAPTER 113 -AGRICULTURAL COMMODITY SUPPORT PROGRAMS
SUBCHAPTER V-ADMINISTRATION
Sec.8791 -Information gathering
From the U.S.Government Printing Office,www.gno.Qov
§8791. Information gathering
(a) Geospatial systems
The Secretary shall ensure that all the geospatial data of the agencies of the Department of
Agriculture are portable and standardized.
(b) Limitation on disclosures
(1) Definition of agricultural operation
In this subsection, the term"agricultural operation"includes the production and
marketing of agricultural commodities and livestock.
(2) Prohibition
Except as provided in paragraphs (3) and(4), the Secretary, any officer or employee
of the Department of Agriculture, or any contractor or cooperator of the Department,
shall not disclose—
(A) information provided by an agricultural producer or owner of agricultural
land concerning the agricultural operation, farming or conservation practices, or the
land itself, in order to participate in programs of the Department; or
(B) geospatial information otherwise maintained by the Secretary about
agricultural land or operations for which information described in subparagraph(A)
is provided.
(3) Authorized disclosures
(A) Limited release of information
If the Secretary determines that the information described in paragraph (2) will
not be subsequently disclosed except in accordance with paragraph(4), the Secretary
may release or disclose the information to a person or Federal, State, local, or tribal
agency working in cooperation with the Secretary in any Department program—
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(i) when providing technical or financial assistance with respect to the
agricultural operation,agricultural land, or farming or conservation practices;or
(ii) when responding to a disease or pest threat to agricultural operations, if the
Secretary determines that a threat to agricultural operations exists and the
disclosure of information to a person or cooperating government entity is
necessary to assist the Secretary in responding to the disease or pest threat as
authorized by law.
(4) Exceptions
Nothing in this subsection affects—
(A) the disclosure of payment information (including payment information and
the names and addresses of recipients of payments)under any Department program
that is otherwise authorized by law;
(B) the disclosure of information described in paragraph (2) if the information has
been transformed into a statistical or aggregate form without naming any—
(i) individual owner, operator, or producer; or
(ii) specific data gathering site; or
(C) the disclosure of information described in paragraph(2) pursuant to the
consent of the agricultural producer or owner of agricultural land.
(5) Condition of other programs
The participation of the agricultural producer or owner of agricultural land in, or
receipt of any benefit under, any program administered by the Secretary may not be
conditioned on the consent of the agricultural producer or owner of agricultural land
under paragraph (4)(C).
(6) Waiver of privilege or protection
The disclosure of information under paragraph(2) shall not constitute a waiver of
any applicable privilege or protection under Federal law, including trade secret
protection.
(Pub. L. 110-234, title I, §1619, May 22, 2008, 122 Stat. 1022; Pub. L. 110-246, §4(a), title I,
§1619,June 18, 2008, 122 Stat. 1664, 1750.)
CODIFICATION
Pub. L. 110-234 and Pub. L. 110-246 enacted identical sections.Pub. L. 110-234 was repealed by
section 4(a) of Pub.L. 110-246.
12
co
County of Fresno
DEPARTMENT OF AGRICULTURE
0 i 56 Q MELISSA CREGAN
AGRICULTURAL COMMISSIONER/
5 SEALER OF WEIGHTS&MEASURES
***FOR CONTRACT REVIEW ONLY - NOT A NEW AGENDA ITEM***
June 10, 2022
Auditor-Controller/Treasurer-Tax Collector Department
Hall of Records
2281 Tulare Street, PO Box 1247
Fresno, CA 93715-1247
To all interested parties,
Under the authority given by the County of Fresno Board of Supervisors on June 7, 2022 (BAI #44
attached), the Department of Agriculture submits the attached Agreement for your review and
signature. It is not required to be signed by the Board of Supervisors and may be signed by the
Agricultural Commissioner/Sealer on their behalf instead.
These agreements are included in the 2022-23 Adopted Budget. Any non-reimbursable expenditures
will be covered by NCC, Unreimbursed Gas Tax or Pesticide Mill Tax as appropriate.
We request that you review the Agreement, then return it to the Department for final signature and
processing via Stop Mail #1-Attn: Executive Secretary Vera Scott-Slater.
Please do not hesitate to contact me at (559) 600-1902, if you have any questions.
Sincerely,
Melissa Cregan
Agricultural Commissioner/Sealer of Weights & Measures
1730 S.Maple Avenue/Fresno,California 93702-4596/(559)600-7510
httpl/www.co,fresno.ca.us/li,esnoa —fresnoag@FresnoCountyCA.gov
The County of Fresno is an Equal Employment Opportunity Employer
COtj County of Fresno Hall of Records, Room 301
2281 Tulare Street
Fresno,California
601 Board of Supervisors 93721-2198
O 1$56 O
Telephone: (559)600-3529
FRES' Minute Order Toll Free: 1-800-742-1011
www.co.fresno.ca.us
June 7, 2022
Present: 5- Vice Chairman Sal Quintero, Supervisor Steve Brandau, Supervisor Nathan Magsig,
Supervisor Buddy Mendes, and Chairman Brian Pacheco
Agenda No. 44. Agriculture File ID: 22-0424
Re: Approve and authorize the Fresno County Agricultural Commissioner/Sealer of Weights and Measures
to approve, and execute on behalf of the County of Fresno, specific revenue agreements for FY
2022-23 (estimated$5,631,100), subject to approval as to legal form by County Counsel, and approval
as to accounting form by the Auditor-Controller/Treasurer-Tax Collector; and Approve and authorize
the Fresno County Agricultural Commissioner/Sealer to approve, and execute on behalf of the County
of Fresno, amendments to these same revenue agreements on behalf of the County of Fresno,which
may increase or decrease each agreement maximum by an amount not to exceed the greater of 15%
of the agreement maximum, or$10,000, subject to approval as to legal form by County Counsel, and
approval as to accounting form by the Auditor-Controller/Treasurer-Tax Collector
APPROVED AS RECOMMENDED
Ayes: 5- Quintero, Brandau, Magsig, Mendes, and Pacheco
County of Fresno Page 44
COZj���C
Board Agenda Item 44
O 1856 O
FRE`'�
DATE: June 7, 2022
TO: Board of Supervisors
SUBMITTED BY: Melissa Cregan, Agricultural Commissioner/Sealer of Weights and Measures
SUBJECT: Specific Revenue Agreements for Fiscal Year 2022-23
RECOMMENDED ACTION(S):
1. Approve and authorize the Fresno County Agricultural Commissioner/Sealer of Weights and
Measures to approve, and execute on behalf of the County of Fresno, specific revenue
agreements for FY 2022-23 (estimated $5,631,100), subject to approval as to legal form by
County Counsel, and approval as to accounting form by the Auditor-Controller/Treasurer
-Tax Collector; and
2. Approve and authorize the Fresno County Agricultural Commissioner/Sealer to approve, and
execute on behalf of the County of Fresno, amendments to these same revenue agreements
on behalf of the County of Fresno,which may increase or decrease each agreement
maximum by an amount not to exceed the greater of 15%of the agreement maximum, or
$10,000, subject to approval as to legal form by County Counsel, and approval as to
accounting form by the Auditor-Controller/Treasurer-Tax Collector.
Approval of the first recommended action will authorize the Fresno County Agricultural
Commissioner/Sealer of Weights and Measures to approve and execute specific revenue agreements,
listed in the report below, on behalf of the County of Fresno for Fiscal Year 2022-23, subject to approval as
to legal form by the County Counsel, and approval as to accounting form by the
Auditor-Controller/Treasurer-Tax Collector. Due to programmatic changes made during the year, the
Agricultural Commissioner/Sealer may also need to amend these revenue agreements. The second
recommended action will allow the Agricultural Commissioner/Sealer of Weights and Measures to approve
and execute, on behalf of the County of Fresno, amendments to each revenue agreement that may increase
or decrease the agreement maximum by an amount not to exceed the greater of 15% of the agreement
maximum, or$10,000. This item is countywide.
ALTERNATIVE ACTION(S):
If your Board decides not to adopt these recommended actions, the Department will bring each revenue
agreement and associated amendments before your Board for consideration.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended actions. Approval of the recommended
actions will save administrative resources required to process designated agreements and amendments
below a specific dollar amount, which are typically estimated in each year's Adopted Budget.
County of Fresno Page I File Number.22-0424
File Number:22-0424
DISCUSSION:
The Agricultural Commissioner/Sealer of Weights and Measures has historically sought out revenue
sources to fund various activities of the Department. These revenue sources typically require that the
County enter into revenue agreements with the California Department of Food and Agriculture (CDFA),
California Department of Pesticide Regulation (CDPR), California Department of Parks and Recreation
(CDP&R), United States Department of Agriculture (USDA), and other governmental agencies. Currently,
the Chairman of your Board must approve and sign these revenue agreements. However, since 2012, your
Board has annually authorized the Agricultural Commissioner/Sealer of Weights and Measures to execute
specific revenue agreements, as well as the related amendments for increases or decreases within 15% of
the maximum amount for each agreement.
With your Boards approval of the recommended actions, the authority for the Agricultural
Commissioner/Sealer of Weights and Measures will extend to execute certain revenue agreements, and to
execute any necessary amendments to those agreements that may increase or decrease each agreement
maximum in an amount not to exceed the greater of 15% of the agreement maximum, or$10,000, for FY
2022-23.
In the interest of efficiency, approval of the recommended actions will authorize the Agricultural
Commissioner/Sealer of Weights and Measures to approve and execute the specified revenue agreements
listed below for FY 2022-23, on behalf of the County. All revenue agreements shall continue to be reviewed
and approved by County Counsel and the Auditor-Controller/Treasurer-Tax Collector, regardless of your
Board's action.
Although time frames for the listed revenue agreements vary depending upon the source, most are based
upon the State fiscal year, the calendar year, or Federal fiscal year.
Any revenue agreements not specified below, or any that may fall outside the authorities granted by your
Boards approval will be brought to your Board for consideration individually.
Listed below are the revenue agreements anticipated for FY 2022-23, with their estimated revenues:
�. Asian Citrus Psyllid Trapping: estimated $488,000 for year-round residential detection trapping of
Asian Citrus Psyllid hosts. (Source: CDFA, based on Federal Fiscal Year)
2. Floating Aquatic Vegetation (FAV) Control Program: estimated $110,000 for treatment and
control of FAV along the San Joaquin River and tributaries. (Source: CDP&R, based on calendar,
multi-year agreement)
3. Asian Citrus Psyllid Bulk Citrus Regulatory: estimated $93,000 for inspection of bulk citrus
shipments for Asian Citrus Psyllid. (Source: CDFA, based on Federal Fiscal Year)
4. California Seed Law(MOU): estimated $12,000 for enforcement of California standards for labeling
and cleanliness of agricultural seed sold. (Source: CDFA, based on State Fiscal Year)
5. CCIA Seed Certification (MOU): estimated $2,100 allows the County to perform harvester
inspections, and issue movement certificates for certified seed grown in the county. (Source:
California Crop Improvement Association, based on State Fiscal Year)
s. Detector Dog Team Program: estimated $215,000 for the Dog Team Parcel Inspections Program.
The Dog Team is used to detect the presence of unwanted plant pests in packages shipped through
local parcel facilities. (Source: CDFA, based on State Fiscal Year)
7. Certified Farmers Market Inspection: estimated $20,800 for certified farmers' market and certified
producer production site inspections performed in Fresno County. (Source: CDFA, based on State
Fiscal Year)
s. Navel and Valencia Inspections: estimated $100,000 for inspection and testing for maturity of
navel oranges. (Source: CDFA, based on State Fiscal Year)
9. European Grapevine Moth Detection Project: estimated $200,000 for detection trapping of
commercial vineyards throughout the county. Traps are placed throughout the County from March to
August. (Source: CDFA, based on calendar year)
10. Pest Detection Trapping: estimated $1,150,000 for an exotic pest trapping program to detect
County of Fresno Page 2 File Number.22-0424
File Number:22-0424
insect pests of economic concern before they become established in California. Insect traps are
placed throughout the County from April to October to detect exotic insect pests. (Source: CDFA,
based on State Fiscal Year, two-year agreement expires June 2024)
11. GWSS Program -Areawide: estimated $648,000 for detection trapping and delimitation surveys for
Glassy-winged Sharpshooter in commercial citrus and grapes, grower reimbursement for
treatments to commercial citrus made on behalf of the program. (Source: CDFA, based on State
Fiscal Year, two-year agreement expires June 2024)
12. GWSS Survey/Trapping/Regulatory/Treatment: estimated $1,830,000 for detection trapping and
delimitation surveys, nursery plant shipment inspections, and residential treatments to prevent the
spread of Glassy-winged Sharpshooter. (Source: CDFA, based on State Fiscal Year, two-year
agreement expires June 2024)
13. Industrial Hemp Cultivation Program: estimated $30,000 for the registration, public outreach, and
enforcement of the program. (Source: CDFA, based on the State Fiscal Year, two-year agreement
expires June 2024)
14. Cucumber Green Mottle Mosaic Virus (CGMMV) Program: estimated $8,000 for surveys to
detect CGMMV in fields with a history of positive CGMMV finds in seed and/or plant material.
(Source: CDFA, based on State Fiscal Year)
15. Nematode Control Program: estimated $1,800 for the certification and documentation of soil
treatments for the Nematode Control Program in nursery stock plantings. (Source: CDFA, based on
State Fiscal Year)
16. Nursery Inspection Program: estimated $13,000 for annual nursery stock inspection and
compliance assessment at producer/wholesale nursery locations within the County. (Source:
CDFA, based on State Fiscal Year)
17. Organic Inspections: estimated $9,100 to reimburse the Department for random onsite grower
inspections and farmers' market inspections, to ensure compliance with state organic law. (Source:
CDFA, based on State Fiscal Year)
18. High Risk Program: estimated $430,000 for High Risk inspections, such as fruit and foliage at
freight terminals, to prevent introduction of pests of concern to California. (Source: CDFA, based on
State Fiscal Year)
19. Fuels, Lubricants and Automotive Products Program: estimated $18,300 for inspection of
petroleum dispenser and gasoline price signs to determine compliance with regulatory
requirements. (Source: CDFA, based on State Fiscal Year)
20. Pink Bollworm Cotton Plowdown and Host-free Period Monitoring Program: estimated $4,500
for Cotton plowdown enforcement to eradicate Pink Bollworm Moth. (Source: CDFA, based on State
Fiscal Year)
21. Standardization Inspections: estimated $143,800 for inspection of fruits and vegetables for
maturity, defects, and package labeling, to ensure state minimum standards. (Source: CDFA, based
on State Fiscal Year)
22. Weighmaster Program: estimated $5,700 for inspection of junk dealers and recyclers to help deter
fraudulent transactions and decrease the sale of stolen metal property. Verify weight loads and
certificate accuracy, which are used in purchase transactions. (Source: CDFA, based on State
Fiscal Year)
23. Invasive Shot Hole Borers Program: estimated $10,000 for trapping activities to detect Invasive
Shot Hole Borers (ISHB). Traps are place at high-risk sites in the county to detect ISHB. (Source:
CDFA, based on State Fiscal Year)
24. Bee Safe Program: estimated $88,000 for apiary inspections such as apiary markings and pest
inspection. (Source: CDFA, based on State Fiscal Year)
County of Fresno Page 3 File Number.22-0424
File Number:22-0424
REFERENCE MATERIAL:
BAI #28, May 11, 2021
BAI #25, May 12, 2020
BAI #22, May 14, 2019
BAI #32, May 8, 2018
BAI #36, April 25, 2017
BAI #26, April 12, 2016
BAI #23, June 2, 2015
BAI #11, June 10, 2014
BAI #27, October 23, 2012
CAO ANALYST:
Raul Guerra
County of Fresno Page 4 File Number:22-0424