HomeMy WebLinkAboutAgreement A-21-069 with California Department of Forestry and Fire Protection.pdfDocuSign Envelope ID: 64B14024-8140-4DE9-84D8-856A5B143E7D3/25/20213/30/2021
8GA20003
Fresno County
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TERMS AND CONDITIONS OF GRANT AGREEMENT
I. RECITALS
1.This Agreement, is entered into between the State of California, by and through
the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter
referred to as “STATE” and Fresno County, hereinafter referred to as
“GRANTEE”.
2.The STATE herby grants to GRANTEE a sum (hereinafter referred to as
“GRANT FUNDS”) not to exceed One hundred forty-nine thousand four hundred
ninety-four ($149,494.00).
3.In addition to the terms and conditions of this Agreement, the STATE and
GRANTEE agree that the terms and conditions contained in the documents set
forth below are hereby incorporated and made part of this agreement:
a.Department of Forestry and Fire Protection (CAL FIRE) Local Assistance for
Tree Mortality 2020 Grant Program Procedural Guide;
b.CAL FIRE Funding Advice Letter; and
c.The submitted CAL FIRE Application, Cal OES approved CDAA Project
Application, and tree removal plan.
II. SPECIAL PROVISIONS
1.Recipients of GRANT FUNDS pursuant to Senate Bill 108 (Statutes of 2017),
Chapter 54, 22, and 14, Section 9, Item 3540-102-0001 and re-allocated in the
Budget Act of 2020 shall abide by the provisions in this Agreement. (2020 Local
Assistance for Tree Mortality re-appropriating item 3540-102-0001 form the
Budget Act of 2017, CH 14, 22 and 54, Stats 2017).
III. GENERAL PROVISIONS
1. Definitions
a.The term “Agreement” means grant agreement number 8GA20003.
b. The term “GRANT FUNDS” means the money provided by the STATE to the
GRANTEE in this Agreement.
c.The term “GRANTEE” means an applicant who has a signed Agreement for
the award of GRANT FUNDS.
d.The term “Other Sources of Funds” means all matching fund sources that are
required or used to complete the Project beyond the GRANT FUNDS
provided by this Agreement.
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e. The term “STATE” means the State of California, Department of Forestry and
Fire Protection (CAL FIRE).
f. The term “Cal OES” means the State of California, Governor’s Office of
Emergency Services.
g. The term “CDAA” means the California Disaster Assistance Act.
h. The term “DSR” means Damage Survey Report.
2. Project Representatives
The GRANTEE representative during the term of the agreement will be:
GRANTEE: Fresno County
Section/Unit:
Attention:
Mailing Address:
Phone Number:
Email Address:
Changes to the project representatives during the term of the agreement shall be
made in writing. Notice shall be sent to the above representative for all notice
provisions of this Agreement.
3. Project Execution
a. Subject to the availability of grant monies, the STATE hereby grants to the
GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount
stated on Section I. RECITALS, Paragraph 2 in consideration of and on
condition that the sum be expended in carrying out the purposes as set forth
in the Local Assistance for Tree Mortality Grant Program Procedural Guide.
b. GRANTEE shall comply with the California Environmental Quality Act (CEQA)
(Public Resources Code, Section 21000, et. seq. Title 14, California Code of
Regulations, Section 15000 et. seq.) and all other local, State, and federal
environmental laws.
Adan Ortiz
1221 Fulton Street, 5th Floor
Fresno, CA 93721
(559)600-4064
aortiz@fresnocountyca.gov
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Fresno County
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c.GRANTEE, and the agents and employees of GRANTEE, in the performance
of this Agreement, shall act in an independent capacity and not as officers,
employees, or agents, of the STATE.
4.Project Costs and Payment Documentation
a.Payment by the STATE shall be made after receipt of an approved DSR from
Cal OES. All project and activity work related to the grant must be completed
no later than January 31, 2022. Requests for reimbursement shall be
submitted to CAL FIRE and Cal OES no later than February 28, 2022. CAL
FIRE shall provide reimbursement for all approved DSRs received through
April 30, 2022. GRANT FUNDS reimbursed through this agreement may not
be reimbursed through other funds.
b.STATE agrees to compensate GRANTEE costs in approved DSRs not to
exceed 25% of the total project cost less donated resources up to the total
GRANT FUNDS.
c.GRANTEE shall submit each invoice for payment via email to:
Megan.Esfandiary@fire.ca.gov with the subject line stating, “LATM Invoice
8GA20003”
d.Project reporting shall accompany each invoice and include project
information and accomplishments as specified in the Local Assistance for
Tree Mortality 2020 Grant Program Procedural Guide.
5.Budget Contingency Clause
a.If STATE funding for any fiscal year is reduced or deleted for purposes of the
Local Assistance for Tree Mortality 2020 Grant Program, the STATE shall
have the option to either cancel this Agreement with no liability occurring to
the STATE, or if possible and desirable, offer an Agreement amendment to
GRANTEE to reflect the reduced amount available for the Project.
b.Upon conclusion of the October 30, 2015 Proclamation of a State of
Emergency, the GRANTEE may only continue with project activities and
reimbursement only if allowable under Cal OES CDAA Program guidelines.
Project activities and reimbursement requests shall not extend beyond dates
identified in Item 4a of General Provisions.
6.Project Administration
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Fresno County
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a.GRANTEE shall submit completed projects into the Tree Mortality Mapper no
less frequently than monthly. Final reporting shall be submitted within 30
days of Project completion.
b.GRANTEE shall promptly submit written Project reports as the STATE may
request throughout the term of this Agreement.
7.Financial Records
a.GRANTEE shall retain all records consistent with Cal OES CDAA Program
requirements.
b.GRANTEE shall maintain satisfactory financial accounts, documents, and
records for the Project and make them available to the STATE for review
during reasonable times. This includes the right to inspect and make copies
of any books, records, or reports of GRANTEE pertaining to this Agreement
or matters related thereto.
c.GRANTEE shall keep such records as the STATE shall prescribe, including,
but not limited to, records which fully disclose (a) the disposition of the
proceeds of state funding assistance, (b) the total cost of the Project in
connection with such assistance that is given or used, (c) the amount and
nature of that portion of the Project cost supplied by other sources of funds,
and (d) any other such records as will facilitate an effective audit. All records
shall be made available to the STATE, other State of California agency, or
other entity as determined by the State of California for auditing purposes at
reasonable times.
d.GRANTEE shall use any generally accepted accounting system.
8.Project Termination
a.This Agreement may be terminated by the STATE or GRANTEE upon 30-
days written notice to the other party.
b.If either party terminates the Agreement prior to the completion of the Project,
GRANTEE shall take all reasonable measures to prevent further costs to the
STATE under the Agreement and the STATE shall be responsible for any
reasonable and non-cancelable obligations incurred by GRANTEE in the
performance of this Agreement prior to the date of the notice to terminate, but
only up to the undisbursed balance of funding authorized in this Agreement.
c.Failure by GRANTEE to comply with the terms of this Agreement may be
cause for suspension of all obligations of the STATE hereunder at the
discretion of the STATE.
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d.Failure of GRANTEE to comply with the terms of this Agreement shall not be
cause for the suspension of all obligations of the STATE hereunder if in the
judgment of the STATE such failure was due to no fault of GRANTEE. At the
discretion of the STATE, any amount required to settle at minimum cost any
irrevocable obligations properly incurred shall be eligible for reimbursement
under this Agreement.
e.Final payment to GRANTEE may not be made until the STATE determines
the Project conforms substantially to this Agreement.
9.Hold Harmless
a.GRANTEE shall defend, indemnify and hold the STATE, its officers,
employees, and agents harmless from and against any and all liability, loss,
expense (including reasonable attorney's fees), or claims for injury or
damages arising out of the performance of this Agreement but only in
proportion to and to the extent such liability, loss, expense, attorney's fees, or
claims for injury or damages are caused by or result from the negligent or
intentional acts or omissions of GRANTEE, its officers, agents, or employees.
The duty of GRANTEE to indemnify and hold harmless includes the duty to
defend as set forth in Civil Code Section 2778. This Agreement supersedes
GRANTEE’s right as a public entity to indemnity (see Government Code
Section 895.2) and contribution (see Government Code Section 895.6) as set
forth in Government Code Section 895.4.
b.GRANTEE waives any and all rights to any type of express or implied
indemnity or right of contribution from the STATE, its officers, agents, or
employees for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement.
c.Nothing in this Agreement is intended to create in the public or in any member
of it rights as a third-party beneficiary under this Agreement.
10.Tort Claims
FEDERAL:
The United States shall be liable, to the extent allowed by the Federal Tort
Claims Act 28 United States Code 2671-2680, for claims of personal injuries
or property damage resulting from the negligent or wrongful act or omission of
any employee of the United States while acting within the scope of his or her
employment, arising out of this Agreement.
STATE:
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Fresno County
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The State of California shall be liable, to the extent allowed by law and
subject to California Government Code, Title 1, Division 3.6, providing for the
filing of tort claims against the State of California, for personal injuries or
property damage resulting from the negligent or wrongful act or omission of
State of California employees while acting within the scope of his or her
employment, arising out of this Agreement.
11.Nondiscrimination
The State of California prohibits discrimination in all its programs and activities
on the basis of race, color, national origin, age, disability, sex, marital status,
religion, sexual orientation, genetic information, political beliefs, reprisal, or
because all or part of an individual’s income is derived from any public
assistance program. GRANTEE shall not discriminate against any person on
any of these bases.
12.Incorporation
The Local Assistance for Tree Mortality Grant Program Procedural Guide, CAL
FIRE Application; and the Cal OES approved CDAA Project Application, tree
removal plan, and Board Resolution; and any subsequent amendments or
modifications approved in writing by the STATE are hereby incorporated by
reference into this Agreement as though set forth in full in this Agreement.
13.Severability
If any provision of this Agreement or the project and activity thereof is held
invalid, that invalidity shall not affect other provisions or applications of this
Agreement which can be given effect without the invalid provision or
application, and to this end the provisions of this Agreement are severable.
14.Waiver
No term or provision hereof will be considered waived by either party, and no
breach excused by either party, unless such waiver or consent is in writing and
signed on behalf of the party against whom the waiver is asserted. No consent
by either party to, or waiver of, a breach by either party, whether expressed or
implied, will constitute consent to, waiver of, or excuse of any other, different, or
subsequent breach by either party.
15.Assignment
This Agreement is not assignable by GRANTEE either in whole or in part.
California Department of Forestry and Fire Protection (CAL FIRE)
Name/No.: Local Assistance for Tree Mortality (No. 8GA20003)
Fund/Subclass: 0001/10000
Organization #: 5512‐5200
Revenue Account #: 3572