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University of California
Office of the President |
Memo |
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Senior Vice President Business and Finance Research Administration
Office |
Operating Guidance No.
01-05 June 20, 2001 |
CANCELLED CONTRACT AND GRANT OFFICERS
Subject: Office of the State Public Defender Interagency Master Agreement No. SPD-00-1A-5002
This
memo transmits a copy of the subject Interagency Master Agreement (IMA)
effective June 8, 2001 through June 7, 2003.
Requests
for services under the terms of this IMA are to be implemented by mutually
acceptable Memorandum of Understanding which are handled by individual campus
Contract and Grant Offices.
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Refer:
Samuela A. Evans (510) 987-9849 Samuela.Evans@ucop.edu |
Subject
Index: 02, 22 Organization
Index: S-295 |
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Samuela
A. Evans Contract
and Grant Officer |
Enclosure
*Note:
The addressees above represent the standard distribution of Contract and Grant
Memos. Additional addressees, if any, may be added based on the subject of the
Memo. See cc's.
STATE
OF CALIFORNIA
INTERAGENCY AGREEMENT
STD
13 (REV. 9-89)
THIS
AGREEMENT is entered into this
8 day of June,
2001.
By
and between the undersigned State Agencies:
Set forth services, materials, or
equipment to be furnished or work to be performed, and by whom,
Time
for performance including the terms, date of commencement and date of
completion, and provision
For
payment per (1225 and 8752-8752.1 SAM.)
This agreement is entered into between the Regents of the University of California (University) and the California State Public Defender’s Office (Agency).
I.
University
agrees to provide graduate students and post-doctorate researchers the
opportunity to work on post-conviction capital habeas corpus proceedings being
litigated before the California Supreme Court.
II.
The
total amount payable under this Agreement shall not exceed forty thousand
dollars ($40,000.00).
III.
The
term of this Agreement shall be effective upon the date approved by the Office
of the State Public Defender and shall expire twenty-four months from that
date.
IV.
This
Agreement is not valid until signed by both parties and approved by the
Department of General Services, if required.
V.
Time
is of the essence in this Agreement.
VI.
The
following documents are hereby incorporated and made a part of this Agreement.
Exhibit A:
Terms of Interagency Master Agreement
Exhibit B:
An Overview of the Work Plan
Exhibit C:
UC Campus Contracts and Grant Offices
Exhibit D:
Memorandum of Understanding
Exhibit E:
Campus Indirect Cost Rates
Exhibit F:
Campus Extramural Funds Accounting Offices
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(Continued
on sheets which are hereby attached
and made a part hereof |
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PROGRAM/CATEGORY (CODE AND TITLE) |
FUND TITLE E General |
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DEPARTMENT OF GENERAL
SERVICES USE ONLY |
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(OPTIONAL USE) |
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ITEM 8140-001-0001 |
CHAPTER 52 |
FISCAL YEAR 00/01 |
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OBJECT OF EXPENDITURE (CODE AND TITLE) |
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I hereby certify upon my own personal knowledge that budgeted
funds Are available for the period and purpose of the
expenditure stated above. |
T.B.A NO. |
B.R. NO. |
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SIGNATURE OF ACCOUNTING OFFICER |
DATE |
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EXHIBIT A – TERMS OF
INTERAGENCY MASTER AGREEMENT
AGREEMENT NO: SPD‑00‑IA‑5002
1. Non‑Exclusivity
This Agreement is non‑exclusive. Agency may seek educational,
consulting, and/or research services from any and all parties and University
may provide such services to any and all parties for the same scope of work or
any other scope of work, concurrently or otherwise. "Parties" shall
include all individuals, entities, and organizations, whether public or
private.
2. Purpose
University shall perform the scope of work set forth in Exhibit B,
entitled "An Overview of the Work Plan," attached hereto and
incorporated herein ("Work").
3. Funds Obligated
The maximum amount payable by Agency to University for performance of
Work shall not exceed $40,000.00. For Work performed under individual
Memorandum of Understanding ("MOU") issued pursuant to this IMA,
Agency agrees to pay University an amount equal to University's direct and
indirect costs, as a percentage of direct costs, for performance hereunder and
approved by the Agency in individual MOU budgets in accordance with Section
8752 and 8752.1 of the State Administrative Manual. Nothing herein shall
preclude advance payment pursuant to Government Code Section 11257. Agency is
responsible for not issuing MOUs which exceed the funds available in this IMA.
4. Term of Agreement
The term of this Agreement shall be effective upon the date approved by
the Office of the State Public Defender and shall expire 24 months from that
date subject to A) the provisions of Section 3, Funds Obligated, and B) the
Agency's right to termination under Section 5, Termination.
If funds for any subsequent fiscal year after 2000/01 are reduced or
deleted by the Legislature, Agency shall offer a contract amendment. It is
mutually understood by both parties that Agency reserves the right to determine
which MOUs, if any, under this program shall be reduced, and that Agency shall
determine, at its sole discretion, the amount that any or all of the MOUs shall
be reduced and for which fiscal year. Agency understands the University shall
also reduce the Scope of Work accordingly.
Agency reserves the right to elect to reduce some MOUs by a greater
amount than other MOUs. It is required that the Contract Manager send
University a letter informing them that there are sufficient funds to continue
the IMA. This must be done only after the Governor has signed the fiscal year
budget and the Contracting Officer knows there are adequate funds to continue
the IMA. If there are insufficient funds, or the funds are deleted, the
Contracting Officer must then follow the procedure described above and elect to
cancel or prepare an amendment to reduce funds.
5. Termination
This Agreement may be terminated by either party upon sixty (60) days
prior written notice. In the event of such termination, University shall be
reimbursed for all reasonable direct and indirect costs and noncancellable
financial obligations incurred prior to the effective date of termination.
University shall return to Agency all unexpended advance payments minus said
costs and financial obligations.
EXHIBIT A – TERMS OF
INTERAGENCY MASTER AGREEMENT
6. Contract and Program Managers
Agency Contract Manager: Don Ayoob, Supervising Deputy State Public Defender
Agency Program Manager: Don Ayoob, Supervising Deputy State Public Defender
University Contract Manager: Samuela A. Evans
Office of the President
Research Administration
(510) 987‑9849
Any questions regarding interpretations of or either party's compliance
with this Agreement shall be referred to the Contract Manager(s).
7. Requests for Services
A. Requests for services under the terms of
this IMA shall be presented in writing by Agency directly to the Contracts and
Grants Officers at individual University campuses as identified in Attachment
C, entitled "List of the University of California Contracts and Grants
Offices", which is incorporated herein and made a part hereof by this
reference. University may decline to provide requested services when such
services are inconsistent or incompatible with its mission and purpose as
defined in Section 9 of Article IX of the State of California Constitution or
when the capability is not otherwise available.
B. Prior to University beginning performance of specific
services, the Agency and University Campus Contracts and Grants Officer shall
develop a mutually acceptable MOU. The format of the MOU and subjects to be
covered are described in Attachment D, entitled "Memorandum of
Understanding", which is specifically incorporated herein and made a part
hereof by this reference.
C. No language which superceded the terms and conditions of
this IMA shall be written in the MOUs.
8. Subcontracting
University shall submit for prior written approval by Agency any
proposed subcontracting which it desires to enter into for the performance of
work under this IMA, except subcontracts with constituent University campuses,
or standard employment contracts for personnel to be utilized for work to be
carried out under this IMA. Subcontracting which the Agency approves in the
proposed MOU budget at the time the MOU is consummated do not require further
Agency approval.
EXHIBIT A – TERMS OF
INTERAGENCY MASTER AGREEMENT
9. Charges
The Agency agrees to pay University the charges for services provided
to Agency pursuant to this agreement as agreed in this IMA and as approved by
Agency in the MOU budget. The MOUs shall have a description of the statement of
work and results expected of the project.
1 ) Direct Costs ‑ are those costs that can be identified
specifically with a particular project. These include:
a. Salaries and wages, and fringe benefits rates approved by
The Regents of the University of California. Budgets shall list the categories
of personnel, salary rates and time proposed.
b.
Materials
and supplies.
c.
Services,
e.g., computer time, equipment use.
d.
Travel
and per diem in accordance with University travel policy which applies to
University employees. Reimbursement for out‑of State travel requires
prior written authorization by the Agency either by approving such travel in
the budget or by letter if such travel is not previously approved in the
budget.
e.
Subcontracts.
f.
Equipment
to be purchased (itemized).
University may rebudget up to 20% or $10,000, whichever is less, of the
total direct costs between existing budget line items of the MOU without formal
amendment to the MOU and without prior Agency approval. Any rebudgeting by
University in excess of 20% or $10,000, whichever is less, of the total direct
costs between existing budget line items of the MOU may be approved by letter
signed by Agency Program Manager.
2) Overhead Costs ‑ are those costs incurred for
common or joint objectives not readily and specifically identifiable with a
particular project.
In accordance with both Agency and University policy
pertaining to the recovery of full costs, overhead costs are included as an
allowable cost for performance under this IMA. The Agency shall pay overhead at
a rate not to exceed those set forth in Attachment E as approved by The Regents
of the University of California as applicable to all sponsors. Attachment E
consisting of one page and entitled "Indirect Cost Rates" is
incorporated herein and made a part hereof by this reference.
10. Payment
Pursuant to the general authority available in Government Code Sections
11256 through and including 11263 which provisions are specifically
incorporated into this IMA, Agency may make advance payments as follows:
Upon execution of a MOU under this IMA, University campus shall submit
an advance payment invoice to Agency to advance to University campus the
estimated reimbursable cost shown by major costs categories for the first three
(3) months of the period of performance of the MOU and will reference address
of University campus Accounting Office to which payment shall be sent.
EXHIBIT A
– TERMS OF INTERAGENCY MASTER AGREEMENT
Prior to the beginning of each quarter thereafter, University will
submit an advance payment invoice to agency to advance the estimated
reimbursable costs shown by major cost categories for the ensuing three (3)
months. The total amount requested in advance shall not exceed the total
allowable costs in the subject MOU. Within sixty (60) days of the end of each
quarter, University will submit to Agency a statement of total actual
expenditures by major cost categories incurred during the preceding quarter.
The fourth quarterly statement of the performance period will serve as the
final fiscal report and is due ninety (90) days after the end of the
performance period. Any funds advanced in excess of actual expenditures will be
refunded by University campus. Agency shall accept University statement of
expenditures without back‑up source documentation. Source documentation
is retained in official University financial records and may be inspected on
site at reasonable times in accordance with Clause 13 below. It is agreed
between the parties hereto that upon completion of the services hereunder, the
actual cost of rendering said service shall be computed in accordance with the
provisions of Section 8752 and 8752.1 of the State Administrative Manual and
said payment adjusted in accordance with the provisions of Article 1, Chapter
3, Part 1, Division 3, Title 2, Government Code.
11. Invoices
Invoices shall reference this IMA and the applicable MOU, and the University
campus Accounting Office address to which payment shall be sent, and include
direct expenses and indirect costs consistent with the elements in the budget
approved by the Agency.
Submit invoices to: Julie
Del Prete, Contract Officer
State Public Defender's
Office
801 K Street, Ste. 1100
Sacramento, CA 95814
Agency agrees to make payment on all invoices to The Regents of the
University of California and mail payment to the appropriate University campus
Accounting Office as designated in the MOU.
The addresses of all University campus Accounting Offices are listed in
Attachment F, incorporated herein and made a part hereof by this reference.
Format
Agency shall accept University computer generated invoices without back‑up
source documentation. Source documentation is retained in official University
financial records and may be inspected on site at reasonable times in
accordance with Clause 13 below.
12. Property
Equipment charged as a direct cost of an MOU shall be the property of
the Agency. At the completion or termination of each MOU, University will
report the purchased equipment to Agency. Agency will provide disposition
instructions within 120 days after receipt of the equipment report from
University. If disposition instructions are not provided within 120 days, title
to equipment shall automatically rest in the University with no further
accountability to Agency.
13. Audit
University agrees that each MOU is subject to examination and audit by
the State, including the Auditor General, for a period of three years after
final payment under said MOU.
EXHIBIT A – TERMS OF
INTERAGENCY MASTER AGREEMENT
14. Intellectual Property
A. Confidentiality. Neither party to this agreement shall furnish any
information obtained from the other party in connection with this agreement to
either the other party or to any third party, when that information is
considered enabling, confidential, or proprietary by the disclosing party or by
any third party, without being able to represent to the receiving party or the
third party that prior authorization has been obtained for the release of such
information.
Whenever confidential information which has been obtained pursuant to
this agreement is utilized by the University in producing a copyrighted work as
discussed in paragraph B, below, the Agency retains the right to review such
work prior to its release to any nonparty to this agreement and exercise a
unilateral right to remove any references which are deemed to violate the
attorney‑client privilege, work product doctrine, or otherwise compromise
the identity of the client who is the subject of the confidential information.
B. Copyrights. All rights in copyright works created by the University
in the performance of work under this Agreement are the property of the
University. To the extent that the University shall have the legal right to do
so, the University shall grant the State a royalty‑free, non‑exclusive,
nontransferable, irrevocable license to reproduce, prepare derivative works,
and distribute copies of the deliverables specified in the Scope of Work for
government purposes, and to have or permit others to do so on its behalf.
15. Amendment
The terms of this IMA may be amended in writing as mutually agreed by
the contract managers or their delegates.
16. Disputes
If for any reason a dispute arises during the performance of this IMA,
and University and Agency contract managers cannot reach a mutual agreement,
the dispute may be referred to the Executive Director or designated
representative of each agency for final resolution.
The existence of a dispute not fully resolved shall not delay the
performing agency continuing with the responsibilities under this IMA which are
not affected by the dispute.
17. Entire Agreement
The IMA and all Exhibits attached and incorporated herein constitutes
the entire IAA between the parties and supersedes all prior or written
agreements between the parties regarding the subject matter herein. This IMA
may be modified only by a writing executed by authorized representative of each
party.