Senior Vice President-Business and Finance
Costing Policy & Analysis

Research Administration Office

June 24, 1998

 

Memo Operating Requirement


No. 98-02 

CONTRACT AND GRANT OFFICERS


Subject: CANCELLED Interagency Master Agreement No. 58408001, Department of Industrial Relations

 

This memo transmits a copy of the subject IMA effective July 1, 1998 through June 30, 2001. This Master Agreement replaces 53403002 which ends on June 30, 1998.

 

Requests for services under the terms of this EVA 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-190



Samuela A. Evans
Contract and Grant Officer

 

STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS

ADDRESS REPLY TO:

DIVISION OF ADMINISTRATION
Business Management - Contracts Unit
P.O. Box 420603
45 Fremont Street Room 200
San Francisco, CA 94105
Tel: (415) 972-8887
Fax: (415) 972-8889

Samuela A. Evans
Contract and Grant Officer
Research Administration
Office of the President
University of California
1111 Franklin St. 5th Fl.
Oakland CA 94607-5200

 

Re: Agreement # 58408001

1. Please have all of the attached copies of the agreement signed and return all of them for further processing Contracts are not effective until approved by the State

Department of General Services or the Department of Industrial Relations as required by State procedures. Performance may not begin until the contract has been approved. When fully approved, the original copy will be sent to you.


2. x Attached for your records is one fully executed copy of the subject agreement.

 

3. Inquiries concerning the processing of this agreement should be referred to the Contracts Unit, Phone #(415) 972-8882 or (415) 972-8881

 

4. Inquiries concerning the services to be performed under this agreement should

be referred to:

Eliza Jimenez (415) 972-8882

5. Please return all copies of the signed agreements to: Department of Industrial Relations, Contracts Unit, P. 0. Box 420603, San Francisco, CA 94142.

6. Other:

 

Sincerely,
 
Barbara Murphy
Contract Manager

Attachments:



State OF CALIFORNIA

INTERAGENCY AGREEMENT 58408001

STD 13 (Rev 9189)

This agreement is entered into this 1st day of July 1998 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 forpayment per (1225 and 8752-8752.1 SAM.)

Terms of Interagency Master Agreement

This Interagency Master Agreement (IMA) is between the State of California Department of Industrial Relations, Division of Occupational Safety and Health (DIR/DOSH) referred to as "Agency" and The Regents of the University of California referred to as "University". 

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 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 A, entitled "An Overview of the Work Plan," attached hereto and incorporated herein-as "Work". 

3. Funds Obligated 

The maximum amount payable by Agency to University for performance of Work shall not exceed three hundred thousand dollars $300,000. 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. Any sub-contract amounting to 50% or greater of each MOU shall be competitively bid. 

4. Term of Agreement 

The term of this Agreement shall be from July 1, 1998 through June 30, 2001, subject to: 

a) the provisions of Section 3, Funds Obligated

b) the provisions of funding or funding reduction in subsequent fiscal years described in this Section below; and

c) the Agency's right to termination under Section 5, Termination. 

No legal liability on the part of the Agency for any payment may arise for performance under this IMA until funds are made available to Agency for performance and until University receives notice of availability, to be confirmed in writing by the Program Manager.

If funds for any subsequent fiscal year after June 30, 1998 is 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 Program 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 Program Manager knows there are adequate funds to continue the IMA. If there are insufficient funds, or the funds are deleted, the Program Manager 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 non-cancelable 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. 

6. Contract and Program Managers 

For Agency:

Contract Manager: Barbara Murphy
Department of Industrial Relations
Division of Administration-Business Management
P.0. Box 420603
San Francisco, CA 94142

Phone #: (415) 972-8880

 

Program Manager:

Frank R. Ciofalo, Ph.D.
Department of Industrial Relations
Division of Occupational Safety and Health
P.O. Box 420603
Phone #: (415) 972-8500

For University:

Contract Manager:

Samuela A. Evans
University of California
Office of the President Research Administration
1111 Franklin St., 5th Fl.
Oakland CA 94607-5200
Phone #: (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. Approval

This Agreement is not valid until signed by both parties and approved by the Department of General Services, if required. 

8. Requests for Services 

A. Requests for services under the terms of this NIIA shall be presented in writing by Agency directly to the Contracts and Grants Officers at individual University campuses as identified in Exhibit B. 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 Exhibit C entitled "Memorandum of Understanding", which is specifically incorporated herein and made a part thereof by this reference, copy of which must be provided to both Contracts Manager and Program Manager.

9. Provisions Applicable to MOUs 

A. 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 RVIA, 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. 

B. Publication 

1) After any deliverables have been submitted to Agency, University may, at its own expense or at the expense of the project director or other persons, publish or otherwise utilize reports submitted under Teiii s of this IMA.

2) Agency staff will be given on-site access during reasonable business hours to all data, working papers, facilities, etc., which may be utilized in the performance of an MOU.

3) In any publication that results from work supported in full or in part under this DAA, the authors shall provide full acknowledgment of the funding source and shall insert and publish the following disclaimer:

"Mention of trade name, proprietary product or specific equipment does not constitute a guaranty or warranty by the California Department of Industrial Relations, 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 Industrial Relations." 

C. Charges 

The Agency agrees to pay University the charges for services provided to Agency pursuant to this agreement as agreed to in this RAA 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.

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 4pplies 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).

10. Payment 

Pursuant to the general authority available in Government Code Sections 11256 through and including 11263 which provisions are specifically incorporated into this EVIA, 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. 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 ensuring 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 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. 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 Section 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 in triplicate 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:

Division of Occupational Safety and Health
Attention: Richard Peterson
P.0. Box 420603
San Francisco, CA 94142 

Agency agrees to make payment on all invoices 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 Attachment E, incorporated herein and made a part hereof by this reference.


Format 

Agency shall accept University computer generated invoices with copy of 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. Agency Program Manager will provide disposition instructions within 120 days after receipt of the equipment report from University.

13. Audit 

The university performing work under this agreement agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The university performing work agrees to maintain such records for possible audit for a minimum of three (3) years after final payment. 

14. Amendment 

The terms of this IMA may be amended in writing as mutually agreed by the contract managers or their delegates.

15. Entire Agreement

The IMA and all Exhibits attached and incorporated herein constitutes the entire INIA 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

EXHIBIT A

AN OVERVIEW OF THE GENERAL WORK PLAN

EXHIBIT C

1. This Memorandum of Understanding (MOU) is entered into pursuant to the provisions of Interagency

Master Agreement (IMA) No , dated__between the State Department of Industrial Relations ("Agency") and The Regents of the University of California,__ campus ("University"). This MOU implements, is made part of the IMA and incorporates the IMA provisions applicable to MOUS. 

2. University shall provide Agency with the following services: [Describe Scope of Work here.]

3. University Project Manager is:

University campus Contract and Grant Officer is:

4. [Specify the effective date of the MOU, the period of performance and schedule for submission of report if this is not provided under 2. Scope of Work. The period of performance must not extend beyond the termination date of the IMA.] 

5. [Specify the amount to be paid under this MOU.] 

6. (Incorporate the budget mutually agreed to in accordance with the major cost categories listed in DAA Article 9. C.] 

7. This MOU may be terminated by either part upon thirty (30) days advance written notice. 

8. Address of the University campus Accounting Office to which payment shall be sent is: