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HomeMy WebLinkAbout32216EXHIBIT A RECIPIENT AND PROJECT INFORMATION 1. CDFAhereby awards an Agreement to the Recipient for the project described herein: The CDFA will pay the County $240 for each initial inspection of an assigned junk dealer and recycler establishment licensed as a Weighmaster to determine compliance with BPC Section 12703.1. 2.The Managers for this Agreement are: FOR CDFA:FOR RECIPIENT: Name:Lance Simmons / Rebecca Bland Name:Les Wright Section/Unit:Measurement Stds /Weighmaster Section/Unit:COUNTY OF FRESNO Address:6790 Florin Perkins Road,Suite 100 Address:1730 S. Maple Avenue City/State/Zip:Sacramento,CA 95828 City/State/Zip:Fresno,CA 93702-4596 Phone:916-229-3000 Phone:559-600-7510 Email Address:lance.simmons@cdfa.ca.gov / rebecca.bland@cdfa.ca.gov Email Address:fresnoag@co.fresno.ca.us 3. For a detailed description of activities to be performed and duties,see Scope of Work. Weighmaster Enforcement (Junk Dealers and Recyclers) SCOPE OF WORK In the best interest of the State,in accordance with the California Business and Professions Code (BPC),Division 5, Chapter 7, Section 12703.1,and under the authority of the Secretary of the Department of Food and Agriculture (CDFA),the Division of Measurement Standards (Division)and the County of Fresno (County)agree to the following: The Division will pay the County $240.00 for each completed initial inspection of an assigned junk dealeror recycler establishment licensed as a weighmaster to determine compliance with Business and Professions Code Section 12703.1.For purposes of this Agreement,a "junk dealer"and "recycler"are as defined in BPC Sections 21601 and 21605(b).An initial inspection is the first inspection in the fiscal year of a business location after renewal or issuance of a weighmaster license.The total allocation to the County forthese inspections shall notexceed $10,560.00 for this Agreement. The County shall obtain all required information regarding a newly licensed junk dealer or recycler weighmaster via the county "undisclosed"link.The County shall have 75 calendardays after issuance ofa license to conduct a physical initial inspection at each assigned junk dealeror recycler weighmaster location.Failure to perform an inspection within 75 calendar days shall result in nonpayment. The County shall complete an initial inspection of all the information required in the application as per BPC 12703.1.(c)(1).Findings shall be recorded on the Weighmaster Inspection Report (Form 42-009,Rev.11/13)supplied by the Division. An initial inspection shall verify the following items are materially accurate: •Weighmaster License Application information; •Business License information; •Weighmaster License information; •Thumbprinting equipment is functioning and in good working order; • Photograph/cameraequipmentis functioning and in good working order; •Business has a stormwater permit, or has applied for a stormwater permit,or substantiation the stormwater permit is not required;and •Commercial weighing devices are sealed. The County may observe other violations while performing an initial inspection.The County agrees to document and take the appropriate enforcement action upon Weighmaster Enforcement (Junk Dealers and Recyclers) discovery of any violation of weights and measures law during the inspection, as per BPC 12015. Within five (5)calendar days of conducting a physical initial inspection, the County shall scan/pdf the completed Weighmaster Inspection Report and upload it to the Division via the county "undisclosed"link.For business locations failing an initial inspection,all supporting evidence (documents/photographs in pdf, jpg, or png format) shall also be uploaded via the county "undisclosed"link.Note:The Weighmaster Inspection Report must be scanned or photographed separately from any supporting documents; however, the supporting documents/photographs may be combined into one file. Uploading the Weighmaster Inspection Report and any supporting documents completes the initial inspection and entitles the County to payment.The County agrees to follow these procedures.Failure to comply will result in nonpayment. When a location is found to be out of business,the County shall complete and upload a Weighmaster Inspection Report indicating the location is no longer in business and notify the Division in accordance with the instructions above. Out of business locations are not billable. The original Weighmaster Inspection Reportshall be maintained at the County Office of Weights and Measures for three (3)years and be made available to the Division upon request. All requests for payment under this Agreement shall be made on County official letterhead.The invoice shall include a summary sheet with the following information: the number of inspections completed, a list of locations where the inspections were conducted,the weighmaster license name, the weighmaster license number, and the amount of money requested.The County shall submit its invoice in pdf,jpg, or png format by uploading the invoice and summary sheet via the county "undisclosed"link. The County agrees to follow these invoice procedures.Failure to comply will result in nonpayment. Funds will be disbursed to the County on approval of the invoice submitted quarterly. Weighmaster Enforcement (Junk Dealers and Recyclers) County Letterhead :&:'•eighmaster Agreement NVOICE To: California Department of Food &Agriculture Division of Measurement Standards 6790 Florin Perkins Road,Suite 100 Sacramento,CA 95828 Attn:Lance Simmons,Agreement Manager Agreement # Fiscal Year: Quarter: PCA# FY 15/16 In accordance with the California Business and Professions Code Section 12703.1, funds have been allocated for CDFA to pay the County of . the sum of $per fiscal year. The County has complied with the conditions as required. Approved:Date: County Representative Approved:Date: Division of Measurement Standards Include a summary list stating the total number of initial inspections completed, location of inspections,the weighmaster license name,the weighmaster iicense.number,and the amount of money requested.Please submit invoice in pdf,jpg,or png format by uploading via the county "undisclosed"link. 54001 EXHIBIT B PAYMENT PROVISIONS AND BUDGET 1.Invoicing and Payment A.For activities performed according to the attached Scope of Work,Budget and the terms of this Agreement,and upon receipt and approval of the invoices,the CDFA agrees to compensate the Recipient for actual allowable expenditures incurred in accordance with this Agreement and stated herein,which is attached hereto and made a part of this Agreement. B.Invoices must include the Agreement Number,performance period,type of activities performed in accordance with this Agreement,and when applicable,a breakdown of the costs of parts and materials,laborcharges, and any other relevant information required to ensure proper invoices are submitted for payment. C. Unless stated in Exhibit A,Scope ofWork, monthlyinvoices must be submitted to the CDFA Agreement Manager, within thirty (30)calendar days after the end of each month in which activities under this Agreement were performed D. A final invoice will be submitted for payment no more than thirty(30)calendar days following the expiration date of this Agreement,or after projectis 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 forany 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 withSection 927 - The California Prompt Payment Act. 4.Allowable Line Item Shifts The Recipient must obtain writtenapproval from the CDFA Agreement Manager forany 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 CDFAmay 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 (CalHR).The maximum rates allowable for domestic travel outside of California are those established by the United States General Services Administration (GSA). C. Ifinternationaltravel is a reimbursable expense,receipts must be maintained to support the claimed expenditures. The maximum rates allowable are those established ina per diem supplement to Section 925,Department of State Standardized Regulations.All international travelmust comply with the "Fly America Act"USC Title 49 §40118. D.The Recipient must maintain and have available, upon request by the CDFA,all financial records and documentation pertaining to this Agreement.These records and documentation must be kept for three (3) years after completion of the Agreement period or until final resolution of any performance/compliance review concerns or litigation claims. 6.Budget Fora detailed budget ofallthe activitiesto be performedunder the Scope of Work,see attached Budget. BUDGET County:Fresno Weighmaster Enforcement:PCA 54001 44 Site Inspections at $240.00 per Inspection:$10,560.00 Total Agreement Amount:$ 10,560.00 EXHIBIT C GENERAL TERMS AND CONDITIONS 1.Approval This Agreement is of no force or effect until signed by both parties.The Recipient may not invoice for activities performed prior tothe commencement date orcompletedafterthe termination date ofthis Agreement. 2.Assignment This Agreement is not assignable by the Recipient,either in whole or in part,without the consent of the Agreement Manager, inthe form ofa forma!written amendment. 3.Mutual Liability Each party hereto agrees to be responsible and assume liability for its own wrongful or negligent acts of omissions,or those of its officers,agents or employees to the full extent required by law. 4.Disputes The Recipient must continue with the responsibilities underthis Agreement during any dispute with the CDFA.In the event of a dispute, the Recipient must file a "Notice of Dispute"with the CDFA Agreement Manager within ten (10)calendardays of discovery ofthe problem.The Notice of Dispute must contain the Agreement number.Within ten (10)calendardays of receipt ofthe Notice of Dispute,the Agreement Managermust meet with the Recipient for the purpose of resolving the dispute.In the eventofa dispute,the language contained within this Agreement prevails. 5.Contractors/Consultants The Recipient must obtain prior approval from the CDFA Agreement Managerbefore hiring contractors,consultants or both.Recipient must follow their organization's written procurement policy and in the absence of a written policy or when the policy does not require competition the organization mustconducta competitive procurement process. The procedures must reflect applicable State and local laws and regulations and all contractors must have the proper licenses/certificates required in their respective disciplines. A contract under this Agreement must be a written Agreement between the Recipient and the Contractor/Consultant, and must state the activities to be performed, the time schedule, the policies and requirements that apply to the Contractor/Consultant,the amount of the contract, and the requirements and restrictions to be used in determining allowable costs.The contract must not affect the Recipient's overall responsibilities for the management of the project, and the Recipient must reserve sufficient rights and control to enable itto fulfill its responsibilities underthis Agreement. If the Recipient contracts for a portion ofthe work required by this Agreement,nothing contained in this Agreement or otherwise shall createany contractual relation between the CDFA andany Contractor/Consultant,and no contract shall relieve the Recipient of its responsibilities and obligations hereunder.The Recipient's obligation to pay its Contractors/Consultants is an independent obligation from the CDFA's obligation to make payments to the Recipient. The CDFA shallhave no obligation to pay ortoenforcethe paymentofany moniestoany Contractor/Consultant. The Recipient agreestobe as fully responsible tothe CDFA for theactsand omissions of its contractors and of persons either directly or indirectly employed by anyof them as it is for theacts and omissions of persons directly employed by the Recipient.The Recipient,andthe agents and employees ofthe Recipient,in the performance of this Agreement,will act inan independentcapacity and notas officers oremployees oragents ofthe State. 6.Non-Discrimination Clause The Non-Discrimination Clause applies to the extent that the requirements therein are applicable to the Federal Government.During the performance of this Agreement,Recipient and its contractors will not unlawfully discriminate, harass, or allow harassment againstanyemployeeor applicant for employment because ofsex, 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 ofthe Fair Employment and Housing Act (Government Code Section 12990 (a-f)ef seq.)and the applicable regulations promulgated there under (California Code of Regulations,Title 2,Section 7285 et seq.).The applicable regulations ofthe Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f),set forth in Chapter 5 of Division 4 of Title 2 ofthe California Codeof Regulations,are incorporated into this Agreement by reference and made a part hereofas if set forth in full.Recipient and its contractors will give written notice of their obligations underthisclause to labor organizations with which theyhavea collective bargaining unit orother Agreement. The Recipient must include the nondiscrimination and compliance provisions ofthisclause in all subcontracts to perform work under this Agreement. 7.Governing Law This Agreement is governed by and must be interpreted in accordance with all applicable Federal and State laws. 8.Unenforceable Provision In the event that any provision of this Agreement is unenforceable or held to be unenforceable,then the parties agree that all other provisions of this Agreement have force and effect and will not be affected thereby. 9.Excise Tax The State of California is exempt from Federal excise taxes and no payment will be made for any taxes levied on employees'wages.The CDFA will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another State. 10.Right to Terminate This Agreement may be terminated by either party hereto upon written notice delivered to the other party at least thirty (30)calendar days prior to the intended date of termination.By such termination,neither party may nullify obligations already incurred prior to the date of termination.In the event of Termination for Convenience of this Agreement by CDFA,CDFA must pay ailresponsible costs and non-cancellableobligationsincurredbythe Recipient as of the date of termination. 11.Termination for Cause The CDFA may terminate this Agreement should the Recipient fail to perform the requirements ofthisAgreementat the time and in the manner herein provided.Howeverthe Recipient will have fifteen (15)calendar days after receiptofthe termination notice to cure the breach.Ifthe breach is not cured within fifteen (15)calendar days of receipt of notice, the CDFA shall reimburse the Recipient for all project specific costs incurred through the date of termination,including all uncancellable obligations, subject to the requirements of2 CFR 200.471, applicable to sponsored agreements. 12.Reporting Requirements The Recipient agrees tocomplete all reporting requirements listedin Exhibit A,Scope of Work. 13.Publicity and Acknowledgement The Recipient agrees that it will acknowledge CDFA's support whenever projects funded,in whole or in part,by this Agreement are publicized in any news media, brochures,publications,audiovisuals,presentations or other types of promotional material.Recipients may notuse the United States Departmentof Agriculture logoorthe 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 ownerdisputes the CDFA's decision,the property ownermay file a claim with the Victims Compensation GovernmentClaimsBoard. 15.Force Majeure The Recipient shall not be liable for any failure to perform as required bythis Agreement,to the extentsuch failure to perform iscaused by anyofthe following:labor disturbances or disputes ofany kind,accidents,failures ofany required governmental approval,civil disorders,acts of aggression,acts of God,energy or other conservation measures,failure of utilities,mechanical breakdowns,materials shortages,disease,or similar occurrences. 16.Amendments Changes to Exhibit A,Scope of Work,Exhibit B,Budget,or the end date, must be requested in writing to the CDFA Agreement Manager via letter,fax or email no later than sixty (60)calendar days prior to the requested implementation date.Any changes to the Scope of Work,Budget,and end date are subject to Agreement Manager approval,and, at its discretion,the Agreement Manager may choose to accept or deny these changes. A formal amendmenttothe Agreement is required forthese changes.No amendmentsare possible if the Agreement is expired. REVIEWED AND RECOMMENDED FOR APPROVAL: Department Head's Signature Les Wright Agricultural Commissioner/Sealer FOR ACCOUNTING INFORMATION ONLY: Org:40101013 Account:3545 Fund:0001 Program:0 Subclass:10000 CONTRACT NAME:Weighmaster Program CONTRACT NUMBER:15-0090-SA APPROVED AS TO LEGAL FORM: Daniel C.Cederborg,County Counsel By WAAJi^JlaxC Deputy County Couple} APPROVED AS TO ACCOUNTING FORM: By:4 Vicki Crow,C.P.A.y Auditor-Controller/Treasurer-Tax Collector C. C •t -+-