University of California Office of the President
Senior Vice President—Business and Finance

Research Administration Office

Memo

Operating Guidance

No. 98-01

May 6, 1998

CONTRACT AND GRANT OFFICERS

Subject: Interagency Master Agreement No. 97-0365, Department of Food and Agriculture, Fertilizer Research and Education Program (FREP)

CANCELLED


This memo transmits a copy of the subject IMA effective January 1, 1998 through January 1, 2001.

Requests for services under the terms of this IMA are to be implemented by mutually acceptable Memoranda of Understanding (MOUs) which are handled by individual campus Contract and Grant Offices.

Refer: Lourdes G. DeMattos
(510) 987-9850

Subject Index: 02, 22
Organization Index: S-105

Samuela A. Evans
Contract and Grant Officer

Note: The addressees above represent the standard distribution of Contract and Grant Memos. 



State of California Interagency Agreement Number 97-0365


STD. 13 (REV. 9-89)

THIS AGREEMENT, made and entered into this 5th day of December 1997 by and between the undersigned State Agencies:

Set forth services materials or equipment to be 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 8572 8572.1 SAM.)

Upon completion of the following in a satisfactory manner, the Department of Food and Agriculture agrees to pay to performing agency an amount equal to the latter’s cost of performance hereunder computed in accordance with Section 8752 and 8752.1 of the State Administrative Manual. Nothing herein contained shall preclude advance payments pursuant to Article 1, Chapter 3, Part 1, Division 3, Title 2, of the Government Code.

This Interagency Master Agreement (IMA) is between the California Department of Food and Agriculture, Fertilizer Research and Education Program (FREP, Agency) and the Regents of the University of California (University).


1. Purpose

University shall perform the scope of work set forth in Exhibit A, entitled "An Overview of the Work Plan"

attached hereto and incorporated here in (Work).

2. Non Exclusivity 

This IMA is non-exclusive. Agency may seek educational, consulting and/or research services from any and all parties and sources, and University may provide such services to any and all other parties. "Parties" shall include all individual, entities, and organizations, whether public or private.

3. Funds Obligated

The maximum amount payable by Agency to University for performance of scope of work shall not exceed $650,000.00 including all applicable taxes. 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 cost of performance hereunder and approved by the Agency in individual MOU budgets in accordance with Section 8752 of the State Administrative Manual. Nothing herein shall preclude advance payment pursuant to Government Code Section 11257. Agency is responsible for not issuing

MOU’s which exceed the funds available in this IMA.

For the purpose of this 1MA with University, the direct costs allowable for payment shall be in the amounts identified in individual MOU budgets. The University grants the Agency, upon reasonable prior notice and identification of materials to be examined, permission to examine the University records pertinent to direct costs payable under an MOU solely for the purpose of determining that costs are consistent with those identified in this Agreement.

4. Term of Master Agreement 

The term of this Master Agreement shall extend from January 1, 1998 through January 1, 2001, subject to:

No legal liability on the part of the Agency for any payment may arise for performance under this IMA beyond January 1, 2001 until funds are made available to Agency for performance and until University receives notice of availability, to be confirmed in wafting by the Agency Contract Officer.

If funds for any subsequent fiscal year after FY 97t98 is reduced or deleted by the Iegislature for purposes of the Budget Act, Agency shall offer a contract amendment. It is mutually understood by both parties that Agency reserves the right to determine which MOU’s, 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 MOU’s shall be reduced and for which fiscal year.

Agency reserves the right to elect to reduce some MOU’s by a greater amount than other MOU’s under

the Budget Act. 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 that are adequate funds to continue the IMA. If there are insufficient funds, or the funds are deleted, the Contract Manager must then follow the procedure described above and elect to cancel or prepare an amendment to reduce funds.

For all MOU’s of multiple year duration, work of the subsequent year(s) may not begin until

acceptance by FREP of the annual report. Acceptance is defined to be satisfactory completion of the work plan and reports described in Article 16.

5. Termination 

This IMA may be terminated by either party upon sixty (60) days advance written notice. In the event of such termination, University shall be reimbursed for all reasonable costs and noncancellable obligations properly incurred prior to date of termination. University shall retum to Agency all unexpended advance payments.		.

6. Master Agreement Contract and Program Managers 

For Agency:

Contract Manager Joanna Danquah
Agricultural Commodities and Regulatory Services


Program Manager Casey Walsh-Cady
Fertilizer Research and Education Program
Agency Contract Officer Alice L. Wright
Contracts Office

For University: Contract Manager David F. Mears
Director, Research Administration Office 

The Agency and the University mutually agree that the individuals identified in this Article may be replaced during the life of tbis Agreement through written notification of such change and is not cause to amend this Agreement.

7. Amendment

The terms of this IMA may be amended in writing as mutually agreed by the Contract Managers or the delegatees. Interpretations of and communications about this IMA shall be referred to the Contract Managers.

8. Requests for Services 

9. Provisions Applicable to MOUs

A. Subcontracts 

B. Publication 

"Mention of trade name, proprietary product or specific equipment does not constitute a guaranty or warranty by the California Department of Food and Agriculture, nor does it imply approval to the exclusion of other products that may be suitable. The opinions expressed herein represent those of the authors and do not necessarily represent the position of the State of California, Department of Food and Agriculture."

C. Charges

The Agency agrees to pay University the charges for services provided to Agency pursuant to this agreement as agreed to in this IMA and as approved by Agency in the MOU budget. The MOUs shall have a description of the standard 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:

2. Overhead Costs - University has granted Agency’s Fertilizer Research and Education Program an overhead exemption.

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:

Agency shall determine what the University campus has earned on the basis of the MOU’s terms. Agency may retain from final invoice an amount at least equal to ten percent (10 %) thereof, pending satisfactory completion of the entire contract (Public Contract Code 10379).


11. Invoices

Invoice shall reference this IMA number and the applicable MOU number, and the University campus Accounting Office address to which payment shall be sent, and include direct expenses consistent with the elements in the budget approved by the Agency.

University campus shall submit invoices to: Joanna Danquah, Contract Manager

Agency agrees to make payment on all invoices, upon acceptance of report, to The Regents of the University of California in accordance with the State Prompt Payment Act 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 Exhibit D, incorporated herein and made a part hereof by this reference.

12. Property

Equipment charged as a direct cost of an MOU shall be the property of the Agency. Upon purchase of equipment, University will report the purchased equipment to Agency. Upon termination of this Agreement, the Agency may:

The Agency may at its option, repair any damage or replace any lost or stole items and deduct the cost thereof from the University’s invoice to the Agency or require the University to repair or replace any damaged, lost, or stolen equipment to the satisfaction of the Agency, with no expense to the Agency. In the event of theft, a police report must be filed immediately in accordance with State Administrative Manual Section 2625.

The University shall maintain an inventory record for each piece of nonexpendable equipment purchased or built with funds provided under the terms of this Agreement. The inventory record of each piece of such equipment shall include the date acquired, total cost, serial number, and model identification (on purchased equipment) and any other information or description necessary to identify said equipment. The inventory records shall also include the location or section to which each said piece of equipment is assigned. Nonexpendable equipment is inventoried shall be those items of equipment which have a normal life expectancy of four years or more, and an approximate unit price of $500 or more. In addition, theft-sensitive items of equipment costing less than $500 shall be inventoried. A copy of the inventory record shall be submitted to the Agency upon request by the Agency, and said inventory not be submitted more frequently than annually. 

13. Audit

It is hereby mutually agreed that University shall be subject to the examination and audit of the Auditor General for a period of three (3) years after the final payment under this IMA (Government Code Section 8546.7). The examination and audit shall be confined to those matters connected with the performance of this IMA including, but not limited to, the cost of administering the IMA.

14. Outreach

  1. FREP staff may provide limited assistance in planning and executive outreach activities if provided appropriate notice. Project Leaders are encouraged to seek such assistance if needed.

guidelines provided in Article 16, Section E, Item 7.

15. Progress Reports

For projects that are primarily research-oriented, the Project Leader will assess the progress and success of the project including cost/benefit analysis of adoption of new technologies, as well as barriers to adoption, where applicable. For applicable education projects or components of a project, see Article 14. Reporting requirements are described in Article 16.

16. Reporting 

Project reports will provide a basis for evaluating project progress. Project Leaders shall provide written communication to FREP staff to report project progress, difficulties, plans for the next work period, and obtain approval for changes from the agreed workplan. All reimbursement will be contingent upon acceptance of reports and invoices. If the Project Leader is unable to submit a report by the time stipulated in the contract, he/she shall notify FREP staff in writing before the due date. There are four types of reports:

A. Written Interim Reports

B. Oral Progress Reports 

C. Written Interpretive Summary

D. Annual or Final Reports

"5/12/93 ‘Nitrogen Management in Drip Irrigated Coconuts’, 16th Annual Coconut

17. Disputes 

Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time (generally not to exceed ten working days) by the Contractor and the State employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer or designated representative of each organization for joint resolution.

18. Contractor Evaluation 

In accordance with the Public Contract Code, Section 10367, University’s performance will be evaluated and the appropriate State forms will be completed. Agency’s Contract Manager, upon MOU completion, will complete and forward within fifteen (15) days the Contract/Contractor Evaluation Form (Std. 4), if the MOU is over $5,000 to the Agency’s Contracts Office. If there is a negative evaluation, University will be sent a copy of the Std. 4 for response. The remaining copies of the Std. 4 will be forwarded to Agency’s Contracts Office. The Agency’s Contracts Office will forward the Std. 4 within thirty (30) days to the CA Department of General Services. These documents are not a public record.

19. Contractor Evaluation Criteria

The following guidelines shall be applied when evaluating the University’s performance:

20. Professional Work

All work to be performed shall be in accordance with all acceptable industry standards.

21. Personal Services

This Agreement has complied with the standards set forth in Government Code Section 19130 (b) and Public Contract Code Section 10337.

 


Agreement No. 97-0365

EXHIBIT A

AN OVERVIEW OF THE WORK PLAN

University shall provide Agency research, demonstration and education projects to advance the environmentally safe and agronomically sound use and handling of fertilizer materials in accordance with individual Memoranda of Understanding issued under this Agreement.

 

 Joyce Freedman, Director 

Sponsored Projects Office

336 Sproul Hall

University of California

Berkeley, CA 94720

Phone: (510) 642-8110

FAX: (510) 642-8236

Ahmad Hakim-Elahi

Office of Vice Chancellor - Research

410 Mrak Hall

University of California

Davis, CA 95616

Phone: (916) 752-7630

FAX: (916) 752-8671

Christina Hansen, Director

Office of Contract & Grant Admin.

115 Administration Building

University of California

Irvine, CA 92717

Phone: (714) 856-5677

FAX: (714) 725-2094

Dan Hutchinson, Director

Office of Research Administration

1400 Ueberroth Building

University of California

Los Angeles, CA 90024

Phone: (310) 825-1431

FAX: (310) 206-4996

Hannah Petzenbaum, Director

Office of Research Affairs

1126 Library South

University of California

Riverside, CA 92521

Phone: (909) 787-5535

FAX: (909) 787-4483

Linda Dale, Director

Office of Contract & Grant Admin.

0934, UC San Diego

9500 Gilman Drive

La Jolla, CA 92093-0934

Phone: (619) 534-3333

FAX: (619) 534-0280

Nancy Wilson, Manager

Contracts and Grants

Scripps Institution of Oceanography

UC San Diego, 0210

La Jolla, CA 92093-0210

Phone: (619) 534-4570

FAX: (619) 534-5306

John Klimek, Manager

Office of Research Affairs

3333 California Street, Suite 11

University of California

San Francisco, CA 94143-0962

Phone: (415) 476-2977

FAX: (415) 476-8158

Pamela Webb, Manager

Sponsored Projects

3227 Cheadle Hall

University of California

Santa Barbara, CA 93106

Phone: (805) 893-4036

FAX: (805) 893-2611

Bill Clark, Manager

Contracts and Grants Office

399C Applied Sciences Building

University of California

Santa Cruz, CA 95064

Phone: (408) 459-2778

FAX: (408) 459-4989

Carol Berman

Contracts and Grants Coordinator

ANR, Office of the President

1111 Franklin St., 6th fl.

Oakland, CA 94607-5200

Phone: (510) 987-0050

FAX: (510) 763-6436

Amy Sahota

Contract and Grant Officer

Box 1663, MS P292

Los Alamos National Laboratory

Los Alamos, NM 87545

Phone: (505) 667-4107

FAX: (505) 665-5061

Jim Lopez, Finance Manager

P.O. Box 808, L-435

Lawrence Livermore National Lab.

Livermore, CA 94550

Phone: (510) 422-9136

FAX: (510) 423-7435

Jeff Weiner, Manager

Sponsored Projects Office

One Cyclotron Rd., MS 90-1070

Lawrence Berkeley Laboratory

Berkeley, CA 94720

Phone: (510) 486-7143

FAX: (510) 486-4386

David F. Mears, Director

RAO, Office of the President

University of California

1111 Franklin St., 5th fl.

Oakland, CA 94607-5200

Phone: (510) 987-9838

FAX: (510) 835-3705

 

Marguerite McIntyre, Director

Legal Support Services

University of California, San Francisco

1000 Medical Way

P.O. Box 1016

San Francisco, CA. 94143-1016

Phone: (415) 476-0833

FAX: (415) 476-9926

 

 

 

UC LAB AND CAMPUS CONTRACTS AND GRANTS OFFICES (5/98)

 


 

Exhibit C.

IMA No. 97-0365

MEMORANDUM OF UNDERSTANDING