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Home My WebLink AboutAgreement A-21-449 with Parks and Recreation Division.pdfCERTIFICATE OF FUNDING (FOR STATE USE ONLY) GRANTEE: Fresno County Sheriffs Office THE TERM OF THIS AGREEMENT IS: October 1, 2021 through September 30, 2037 GRANT TITLE: LAW ENFORCEMENT EQUIPMENT GRANT PROGRAM GRANT NUMBER: C21 L0609 PURCHASEORDERNUMBE~ CONTRACT NO AMENDMENT NO SUPPLIER ID C21L0609 0000002932 AMOUNT FUND DESCRIPTION ENCUMBERED BY Federal Trust Fund #0890 THIS DOCUMENT $27,369.00 REPORTING ITEM CHAPTER STRUCTURE 3790-101-0890 21 37900706 BUSINESS UNIT INDEX OBJECT CODE 3790 1706 702 PROJECT NO 379065600200 AGENCY BILLING CODE NO 053706 STATUTE FISCAL YEAR 21 2021/22 ACTIVITY CODE ACCOUNT 5432000 Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 2 of 46 BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANT AGREEMENT Fresno County Sheriff's Office C21L0609 State of California Department of Parks and Recreation Division of Boating and Waterways Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 3 of 46 INDEX DESCRIPTION PAGE EXHIBIT A GRANT TERMS AND CONDITIONS 1. DEFINITIONS ................................................................................................................ . 2. GENERAL ..................................................................................................................... . 3. PAYMENT PROVISIONS AND DISBURSEMENT OF GRANT ..................................... .. 4.EQUIPMENT/PATROL BOAT OWNERSHIP .................................................................. . 5. OPERATION AND MAINTENANCE OF EQUIPMENT/PATROL BOAT ........................ .. 6. TERMINATION OF GRANT AGREEMENT ................................................................... .. 7. REVERSION OF EQUIPMENT/PATROL BOAT TO DEPARTMENT ............................. . 8. LIABILITY .......... ; ............................................................................................................. . 9. WAIVER OF RIGHTS ................................................................................................... .. 10. REMEDIES NOT EXCLUSIVE ...................................................................................... .. 11. OPINIONS AND DETERMINATIONS ............................................................................ .. 12. PROCUREMENT PROCEDURES .................................................................................. . 13. DISPOSITION OF EQUIPMENT/PATROL BOAT .......................................................... .. 14. DISPOSITION OF PROCEEDS FROM SALE OF EQUIPMENT INSTALLED AND PARTIALLY FUNDED EQUIPMENT ................................................................... .. 15. FEDERAL TERMS, CONDITIONS AND REGULATIONS ............................................... .. 16. COMPLIANCE WITH LAW, REGULATION AND POLICY ............................................... .. 5 5 6 7 7 8 8 9 9 9 9 9 10 10 10 11 EXHIBIT B GENERAL TERMS AND CONDITIONS ..................... ....................................... 15 EXHIBIT C CONTRACTOR CERTIFICATION CLAUSES .................................. .... .. .. ........ 19 EXHIBIT D DOING BUSINESS WITH THE STATE OF CALIFORNIA ................................ 21 EXHIBIT E DARFUR CONTRACTING ACT ........................................................................ 23 EXHIBIT F RECYCLED CONTENT CERTIFICATION ........................................................ 25 EXHIBIT G SCOPE OF WORK/BUDGET (APPLICATION) ................................................ 26 Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021122, Date: 0911012021 Page: 4 of 46 EXHIBIT A GRANT TERMS AND CONDITIONS 1. DEFINITIONS A. "DEPARTMENT": The Department of Parks and Recreation, Division of Boating and Waterways (DBW). B. "EFFECTIVE DATE": The date the GRANT AGREEMENT face page is signed by the DEPARTMENT'. C. "EQUIPMENT": Boating-specific equipment or other support equipment used to implement or conduct boating safety and boating law enforcement activities. EQUIPMENT may also include PATROL BOAT. D. "GRANT": Funds provided by the DEPARTMENT, from the Federal Recreational Boating Safety (RBS) Grant, to the GRANTEE to finance all or part of the PURCHASE COSTS for items that assist in meeting the purposes of the Boating Safety Equipment and Enforcement (BSEE) and RBS programs. E. "GRANT AGREEMENT": The contract to which these grant terms and conditions are attached. F. "GRANT PERFORMANCE PERIOD": The timeframe specified on the grant agreement face page which includes the agreement start date (effective date) and final date for purchasing and receiving equipment. . G. "GRANTEE": The person or entity identified as the Grantee on the face page of the Agreement. H. "GRANTEE FUNDS": Any funds provided by the GRANTEE for the purchase or operation and maintenance of the EQUIPMENT/PATROL BOAT. I. "PATROL BOAT": A DEPARTMENT approved, registered vessel [with or without trailer and/or outboard motor] purchased for use in boating safety and law enforcement activities. J. "PURCHASE COSTS": Those costs incurred by the GRANTEE in purchasing the EQUIPMENT/PATROL BOAT; such PURCHASE COSTS shall not include any operation or maintenance costs, nor any costs incurred prior to the EFFECTIVE DATE of this GRANT, nor any indirect or overhead costs claimed by the GRANTEE. 2. GENERAL A. This GRANT AGREEMENT shall not exceed the amount specified in this GRANT AGREEMENT and shall be used for the purchase of EQUIPMENT and/or PATROL BOAT for Boating Safety and Enforcement activities in accordance with all Exhibits incorporated and referenced herein. B. The term of this GRANT AGREEMENT shall begin on the EFFECTIVE DATE of the GRANT AGREEMENT and shall continue for SIXTEEN [16] YEARS from such date unless terminated in accordance with the terms and conditions of this GRANT AGREEMENT. C. No amendment or variation of the terms of this GRANT AGREEMENT shall be valid unless made in writing and signed by an authorized representative of the DEPARTMENT and the GRANTEE. Oral understandings are not binding on any of the parties. Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 5 of 46 D. EQUIPMENT/PATROL BOAT purchase shall be completed by the end of the PERFORMANCE PERIOD. E. GRANTEE hereby certifies that the obligations created by this GRANT AGREEMENT do not violate the provisions of Sections 1090 to 1096 of the Government Code. F. This GRANT AGREEMENT is not fully executed until signed by the DEPARTMENT. Grantee may not go out to bid until GRANT AGREEMENT is fully executed and equipment specifications and cost estimates have been approved in writing by the DEPARTMENT. G. GRANTEE hereby certifies that during the performance of this GRANT AGREEMENT, GRANTEE and any sub-grantees shall fully comply with State regulations regarding the implementation of Disabled Veteran business participation goals as set forth in Disabled Veteran Business Enterprise Participation Requirements, Recycling Certification and, Contractor Certification Clauses. H. GRANTEE shall continue with the responsibilities of this GRANT AGREEMENT during any dispute. I. GRANTEEE acknowledges that failure to perform the duties and responsibilities under this grant may negatively impact the DEPARTMENT'S consideration of future grant applications for up to three (3) years. J. Subvention agencies: GRANTEES participating in the DEPARTMENT'S Subvention Financial Aid Program certifies that failure to fully spend subvention funding in the prior fiscal year will cause a negative impact in the DEPARTMENT'S consideration of future grant applications for up to three (3) years. K. Annual Reports: Grantee shall submit an Annual Report beginning August 31st, 2022 and each and every year by August 31 for the term of this agreement (16 years). Reports shall include maintenance records, number of hours BSEE equipment is used, additional equipment or modifications of any equipment or patrol boats, any loss or damage to equipment or patrol boat and a summary of boating accident reports submitted during the reporting year. L. GRANTEE is required to participate in at least one (1) outreach event per year, such as Operation Dry Water, to conduct boating under the influence (BUI) check-points and educate boaters on the importance of boating sober. M. GRANTEE shall submit accident reports to DBW within 30 days of responding to a boating accident in waterbodies within GRANTEE'S area of responsibility. Failure to do so may jeopardize future DBW funding for up to three (3) years. N. GRANTEE, representatives, agents or employees shall not act or represent themselves as officers, employees or agents of the DEPARTMENT in the performance of this GRANT AGREEMENT. 3. PAYMENT PROVISIONS AND DISBURSEMENT OF GRANT A. Reimbursements must be requested on GRANTEE'S official agency letterhead and include: Amount requested in reimbursement GRANT AGREEMENT number Statement of acceptance of the vessel or equipment as meeting DBW's approved specifications Certification that you complied with all procurement procedures outlined this agreement; Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 6 of 46 B. Name of payee and address where payment is to be sent Location of performance (where the equipment will be used) Entity's congressional district and DUNS Signature of the person authorized in the resolution or minute order to execute the agreement Copies of brand name, description, make, model and serial number Proof of payment for purchase including invoices showing cost and sales tax For all motorized vessels: Department of Motor Vehicle (OMV) proof showing the DEPARTMENT as the legal owner and GRANTEE as the registered owner • Certificate of Origin for all PATROL BOATS and trailers. 2',... ~4 ..1,\ GRANTEE shall request grant reimbursements no later than ~g~H{dr,>&: by tO/tl\ mailing one (1) complete reimbursement request package to: DBW Attn: BSEE Grant Manager 4940 Lang Avenue Dock H McClellan, CA 95652 Or by emailing (1) complete reimbursement request to the DBW assigned grant manager. C. No funds shall be reimbursed for purchases made prior to the EFFECTIVE DATE of this agreement. D. The DEPARTMENT shall have no obligation to disburse the GRANT unless and until the GRANTEE obtains the prior written approval by the DEPARTMENT of the type and cost of the EQUIPMENT/PATROL BOAT. E. The DEPARTMENT will disperse the grant to the GRANTEE in arrears for the approved PURCHASE COST of the EQUIPMENT/PATROL BOAT F. The DEPARTMENT may withhold any grant disbursement if the GRANTEE fails to comply with any of the provisions of this GRANT AGREEMENT. 4. EQUIPMENT/PATROL BOAT OWNERSHIP The DEPARTMENT shall be the legal owner of the EQUIPMENT/PATROL BOAT. The GRANTEE shall be the registered owner of PATROL BOAT or any other registered· vessels purchased with GRANT FUNDS. The GRANTEE shall not assign, mortgage, hypothecate or transfer its interest in the EQUIPMENT/PATROL BOAT without the prior written approval of the DEPARTMENT. 5. OPERATION AND MAINTENANCE OF EQUIPMENT/PATROL BOAT A. The GRANTEE shall use the EQUIPMENT/PATROL BOAT for the purpose of promoting recreational boating safety and boating law enforcement and shall keep the EQUIPMENT/PATROL BOAT available for search and rescue operations and other projects or programs supported by the federal government provided that such use will not interfere with the program for which it was acquired (CFR 200.313.c.2) B. The GRANTEE shall be responsible for the costs of operating and maintaining the EQUIPMENT/PATROL BOAT for fifteen (15) years from EFFECTIVE DATE of this GRANT AGREEMENT; the DEPARTMENT shall not be liable for such costs. C. The GRANTEE shall maintain the EQUIPMENT/PATROL BOAT in good repair according to all manufacturer recommendations and shall make all repairs necessary to keep EQUIPMENT/PATROL BOAT functioning through the term of the GRANT Contract# C21L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22. Date: 09/10/2021 Page: 7 of 46 6. 7. AGREEMENT. D. The GRANTEE, at its own expense, agrees to repair or replace the EQUIPMENT/PATROL BOAT if it is damaged, destroyed or rendered useless prior to the expiration of this GRANT AGREEMENT. E. GRANTEE shall submit maintenance records to the DEPARTMENT with each annual report. F. The GRANTEE shall seek DEPARTMENT approval for the purchase and installation of additional equipment or modifications to any registered vessel purchased with grant funds. Complete and accurate records of all such modifications shall be reported to the DEPARTMENT in the GRANTEE'S annual report and made available to the DEPARTMENT or authorized representative for inspection upon request. G. Each GRANTEE shall report to the DEPARTMENT loss or damage to any equipment purchased with grant funds within 30 days of occurrence. H. Each GRANTEE shall ensure that any PATROL BOAT/EQUIPMENT purchased with grant funds is operated solely by qualified Boating Safety and Boating Law Enforcement Officers. Operators must fully comply with GRANTEE'S documented training and certification requirements to be deemed qualified, which shall include, at a minimum, receipt of a California Boater Card. I. GRANTEE shall obtain prior DBW approval before submitting requests for modification or survey of a grant-funded PATROL BOAT/EQUIPMENT to California Department of General Services (DGS). TERMINATION OF GRANT AGREEMENT A. Either DEPARTMENT or GRANTEE may unilaterally terminate this GRANT AGREEMENT if a material breach of the GRANT AGREEMENT is made by the other; such termination shall become effective NINETY [90] DAYS following the date of receipt by either the DEPARTMENT or the GRANTEE of a written notice of termination from the party initiating the termination. B. The GRANTEE may terminate this GRANT AGREEMENT if the GRANTEE becomes financially or legally unable to comply with the terms and conditions of this GRANT AGREEMENT; such termination shall become effective NINETY [90] DAYS following receipt by the DEPARTMENT of a written notice of termination from the GRANTEE. C. The DEPARTMENT may terminate this GRANT AGREEMENT immediately and be relieved of any payments should the legislative body of the GRANTEE fail to appropriate GRANTEE FUNDS for purchase costs, if required, or if the GRANTEE fails to perform the requirements of this Agreement at the time and in the manner herein provided; such termination to become effective upon receipt by the GRANTEE of a written termination notice from the DEPARTMENT. D. The DEPARTMENT has the option to void the GRANT AGREEMENT with 30 days' notice in the event grant funds are not appropriated or amend the GRANT AGREEMENT to reflect any unexpected reduction of grant funds. REVERSION OF EQUIPMENT/PATROL BOAT TO DEPARTMENT If EQUIPMENT/PATROL BOAT is no longer needed or this GRANT AGREEMENT is terminated prior to the expiration of the term of the GRANT AGREEMENT: A. The GRANTEE shall deliver the fully functioning EQUIPMENT/PATROL BOAT to the DEPARTMENT for reassignment and shall execute any document(s) necessary to effect appropriate changes in pertinent public records; the reversion of registered title is hereby declared to be in addition to, and not in lieu of, any other remedies for breach Contract# C21 L0609. Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 8 of 46 of this GRANT AGREEMENT which may be available to the DEPARTMENT. B. The GRANTEE shall be prohibited from receiving DEPARTMENT BSEE Grants for a period of three (3) years if EQUIPMENT/PATROL BOAT is not fully functional at time of termination. Contract# C21L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 9 of 46 8. LIABILITY A. The GRANTEE waives all claims and recourse against the DEPARTMENT, including the right to contribution for any loss or damage arising from, growing out of or in any way connected with or incident to this GRANT AGREEMENT. 8. GRANTEE agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this GRANT AGREEMENT, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by GRANTEE in the performance of this Agreement. GRANTEE warrants, represents and agrees that it and its subgrantees, subcontractors, employees and representatives shall at all times comply with all applicable State contracting laws, codes, rules and regulations in the performance of this GRANT AGREEMENT. C. If the DEPARTMENT is named as a co-defendant, the GRANTEE shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees. 9. WAIVER OF RIGHTS It is the intention of the parties hereto that from time to time either party may waive certain of its rights under this GRANT AGREEMENT. Any waiver at this time by either party hereto of its rights with respect to a default or any other matter arising in connection with this GRANT AGREEMENT shall not be deemed to be a waiver with respect to any other default or matter. 10. REMEDIES NOT EXCLUSIVE The use by either the DEPARTMENT or GRANTEE of any remedy specified in this GRANT AGREEMENT for the enforcement of this GRANT AGREEMENT is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. 11. OPINIONS AND DETERMINATIONS Where the terms of GRANT AGREEMENT provide for action to be based upon the opinion, judgment, approval, review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. 12. PROCUREMENT PROCEDURES A. The GRANTEE must use procurement procedures that reflect applicable State and local public procurement laws and regulations, provided that the procedures conform to applicable Federal law and the standards identified in 2 CFR §200.318. There shall be no changes, corrections, modifications or exceptions to DEPARTMENT approved specifications without advance written approval by the DEPARTMENT. Procurement procedures used by the GRANTEE must conform to State law and regulations regarding Disabled Veteran Business Enterprise Participation Requirements, Recycling Certification, AND CONTRACTORS CERTIFICATION CLAUSES. The GRANTEE is responsible, in its sole discretion, for the review of all bids for compliance. 8. Procurement for boats and other registered vessels must be conducted using Invitation for Bid and must adhere to the specific procurement standards identified by GRANTEE'S governing board regarding advertising, adequate purchase descriptions, Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 10 of 46 sealed bids, and public openings. C. EQUIPMENT AND ELECTRONICS PROCUREMENT PROCEDURES: Grantee must obtain at least three (3) bids or rate quotations from qualified sources for each item that has a unit cost of $10,000 or more. The bids may be obtained over the phone, but must be verified with written documentation from the vendor, and must include the make, model, size, name of vendor, date, and cost of item. D. DEPARTMENT REVIEW (1) GRANTEE must submit to the DEPARTMENT proposed technical specifications of PATROL BOATS and other registered vessels for review and approval prior to solicitation of bids. (2) Grantees and sub-grantees must make available on request to the DEPARTMENT procurement documents, such as requests for proposals or invitations for bids, independent cost estimates, etc. and must retain such documents for four years after equipment acquisition for auditing purposes. 13. DISPOSITION OF EQUIPMENT/PATROL BOAT In accordance with 2 CFR 200.313 e.1 and 2, upon completion of the term of the grant agreement, GRANTEE may continue to use EQUIPMENT/PATROL BOAT if needed. If EQUIPMENT/PATROL BOAT is no longer needed, an assessment must be done to establish the per-unit fair-market value. If the per-unit fair-market value is $5,000 or less, EQUIPMENT/PATROL BOAT may be retained, sold, or otherwise disposed of by the GRANTEE with no further obligation to the DEPARTMENT. If the per-unit fair-market value exceeds $5,000, GRANTEE must deliver equipment to the California Department of General Services (DGS) for sale at auction. Prior to delivering equipment to DGS, GRANTEE must receive approval from the DEPARTMENT to request that DGS complete an OFA6. Once DGS has completed the OFA6, GRANTEE will submit the OFA6 to the DEPARTMENT with an official letter requesting to surrender the vessel. The DEPARTMENT will provide the GRANTEE with an OFAM27 and instructions for delivering the EQUIPMENT/PATROL BOAT to auction via email. GRANTEE will deliver the EQUIPMENT/PATROL BOAT and OFAM27 to the auction as instructed by the DEPARTMENT. GRANTEE shall have the OFAM27 signed at the auction and shall return the signed OFAM27 to the DEPARTMENT. 14. DISPOSITION OF PROCEEDS FROM SALE OF EQUIPMENT INSTALLED AND PARTIALLY FUNDED EQUIPMENT If the GRANTEE has contributed funding in excess of the GRANT to the PURCHASE COSTS of the EQUIPMENT/PATROL BOAT, and in the event of a sale of the EQUIPMENT/PATROL BOAT after the expiration or termination of this GRANT AGREEMENT or the reversion of the EQUIPMENT/PATROL BOAT to the DEPARTMENT, then the proceeds of the EQUIPMENT/PATROL BOAT sale shall be distributed between the DEPARTMENT and the GRANTEE in proportion to their respective contributions of the PURCHASE COSTS, e.g.: if the PURCHASE COSTS totaled $100,000 and the GRANT contribution amounts to $60,000, then the DEPARTMENT would receive 60 percent of the EQUIPMENT/PATROL BOAT sale proceeds and the GRANTEE would receive 40 percent. 15. FEDERAL TERMS, CONDITIONS AND REGULATIONS This GRANT is funded by the Federal Recreational Boating Safety (RBS) Grant and as such, GRANTEE shall comply with all the governing regulations, namely 2 CFR 200. The most applicable of which have been included here for reference. For clarity, "Non-federal entity" shall be understood to be "DEPARTMENT" and "Award" shall be understood to be "GRANT". Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 11 of 46 GRANTEES are subject and must adhere to the provisions set forth in the 2020 OHS Standard Terms and Conditions which are available online at: https://www.dhs.gov/sites/defau1t/files/publications/fy20 dhs standard terms and condition s v10.1 dated 12-31-2019.pdf and made a part of this agreement by reference. GRANTEES are subject to and must adhere to the regulations set forth in the 2 CFR 200 available online at: https://www .govinfo.gov/content/pkg/CFR-2014-title2-vol 1 /pdf/CFR-2014-title2-vol 1-part200.pdf and made a part of this agreement by reference. 16. COMPLIANCE WITH LAW, REGULATION AND POLICY It is understood and agreed that the Grantee shall comply with all applicable laws and regulations of the State of California, U.S. Coast Guard Code of Federal Regulations: 2 CFR identified in section §§ 200.318 General Procurement standards through 200.326 Contract provisions, 50 CFR 80 and 50 CFR 85, Equal Opportunity (41 CFR 60-1.4(b)), Davis-Bacon Act, as amended (40 U.S.C. 3141-3148), Copeland "Anti-Kickback" Act (40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements" (37 CFR Part 401 ), Clean Air Act (42 U.S.C. 7401-7671q.), and the Federal Water Pollution Control Act as amended (33 U. S.C. 1251-1387), Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti-Lobbying amendment (31 U.S.C. 1352) and all policies of DBW. A. MANDATORY DISCLOSURES The non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Failure to make required disclosures can result in any of the remedies described in §200.338 remedies for noncompliance, including suspension or debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321 ). B. ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE WHISTLEBLOWER PROTECTION This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 USC 4712. Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC 4 712. The recipient shall insert this clause, including this paragraph, in all subawards and in contracts over the simplified acquisition threshold related to this award. C. EQUAL OPPORTUNITY CLAUSE During the performance of this grant, the grantee agrees to sections i-vii below: i. The grantee will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The grantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 I 22, Date: 09/10/2021 Page: 12 of 46 orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the granting officer setting forth the provisions of this nondiscrimination clause. ii. The grantee will, in all solicitations or advertisements for employees placed by or on behalf of the grantee, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The grantee will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency granting officer, advising the labor union or workers' representative of the grantee's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The grantee will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. v. The grantee will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the granting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the grantee's non-compliance with the nondiscrimination clauses of this grant or with any of such rules, regulations, or orders, this grant may be canceled, terminated or suspended in whole or in part and the grantee may be declared ineligible for further Government grants in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The grantee will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The grantee will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the grantee becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the grantee may request the United States to enter into such litigation to protect the interests of the United States. Contract# C21 L0609, Fresno County Sheritrs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 13 of 46 The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the grant. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction grants or contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon grantees and contractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. Subcontracts. Each nonexempt prime contractor or subcontractor shall include the equal opportunity clause in each of its nonexempt subcontracts. I. Incorporation by reference. The equal opportunity clause may be incorporated by reference in all Government contracts and subcontracts, including Government bills of lading, transportation requests, contracts for deposit of Government funds, and contracts for issuing and paying U.S. savings bonds and notes, and such other contracts and subcontracts as the Deputy Assistant Secretary may designate. II. Incorporation by operation of the order. By operation of the order, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the order and the regulations in this part to include such a clause whether or not it is physically incorporated in such contracts and whether or not the contract between the agency and the contractor is written. Adaptation of language. Such necessary changes in language may be made in the equal opportunity clause as shall be appropriate to identify properly the parties and their undertakings. Contract# C21 L0609, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 14 of 46 EXHIBIT B General Terms and Conditions (GTC 04/2017) 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor /GRANTEE may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor/GRANTEE, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Contractor/GRANTEE 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. Contractor/GRANTEE agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor//GRANTEE agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor/GRANTEE agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor/GRANTEE agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all GRANTEES, contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor/GRANTEE in the performance of this Agreement. 6. DISPUTES: Contractor/GRANTEE shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor/GRANTEE fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor/GRANTEE under this Agreement and the balance, if any, shall be paid to the Contractor/GRANTEE upon demand. 8. INDEPENDENT CONTRACTOR: Contractor/GRANTEE, and the agents and employees of Contractor/GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers or Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 15 of 46 employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor/GRANTEE shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor/GRANTEE and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor/GRANTEE shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor/GRANTEE and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor/GRANTEE shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor/GRANTEE and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor/GRANTEE shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor/GRANTEE, as provided herein, shall be in compensation for all of Contractor's/GRANTEE'S expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 16 of 46 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor/GRANTEE by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor/GRANTEE shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor/GRANTEE acknowledges in accordance with Public Contract Code 7110, that: a. The contractor/GRANTEE recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor/GRANTEE, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. Contract# C21 L0609, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 17 of 46 17. 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 shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor/GRANTEE shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a. If for this Contract Contractor/GRANTEE made a commitment to achieve small business participation, then Contractor/GRANTEE must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor/GRANTEE made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor/GRANTEE must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor/GRANTEE received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor/GRANTEE; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code§ 999.5(d); Govt. Code§ 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).) Contract# C21 L0609, Fresno County Sheritrs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 18 of 46 EXHIBITC CERT/FICA TION I, the official named below , CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Grantee to the clause(s) listed below. This certification is made under the laws of the State of California . Grantee Agency Name (Printed) Fresno County Sheriff's Office -I;. .. I Ii: ...... By Authorized Signature : Date Executed Executed in the County of ATTEST: Fresno BERNICE E. SEIDEL GRANTEE CERTIFICATION CLAUSES Clerk of the Boa rd of Superv iso rs Coun of Fres no, tate of Cal iforn ia 1. 2. STATEMENT OF COMPLIANCE: ty Grantee has, unless exempted, complied with the nond iscriminat ion program requirements . (Gov . Code §12990 (a-f) and CCR, Title 2 , Section 8103) (Not applicable to public entities .) DRUG-FREE WORKPLACE REQUIREMENTS: 18.10 Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions : a . Publish a statement notifying employees that unlawful manufacture , d istribut ion , dispensation, possess ion or use of a controlled substance is prohibited and spec ify ing actions to be taken against emp loyees for violations . b . Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workp lace ; 2) the person's or organ ization's policy of maintaining a drug-free workplace ; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations . c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace pol icy statement; and , 2) agree to ab ide by the terms of the company's statement as a condit ion of employment on the Agreement. 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Grantee with in the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court, which orders Grantee to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE-PRO BONO REQUIREMENT: Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003 . Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono lega l services during each year of the agreement equal to the lessor of 30 multiplied by the Contract# C21L0609, Fresno County Sheriff's Office . Boating Safety and Enforcement Equipment Grant -FY 20 21 / 22, Date : 09/10/2 021 Page : 19 of 46 number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its agreement with the State. Failure to make a good faith effort may be cause for non-renewal of a state agreement for legal services, and may be taken into account when determining the award of future contracts/agreements with the State for legal services. 5. EXPATRIATE CORPORATIONS: 18.40 Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the Grantee's compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.3. Contract# C21L0609. Fresno County Sheriffs Office. Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 20 of 46 EXHIBIT D DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): 1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code § 10411 ): 1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 10420). Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)). 2. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700). 3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 21 of 46 amendment. Any changes of the Grantee's representative shall be notified to DBW within 30 days written notice on Grantee's letterhead. 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the Grantee is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R& TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate Grantee performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions offederal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. Contract# C21 L0609, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 22 of 46 EXHIBIT E Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008 Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California Legislature and signed into law by the Governor to preclude State agencies generally from contracting with "scrutinized" companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 104 75. A scrutinized company is a company doing business in Sudan as defined in Public Contract Code section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for goods or services. (Public Contract Code section 10477(a)). Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a "scrutinized" company when it submits a bid or proposal to a State agency. (See# 1 on the sample Attachment). A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See# 2 on the sample Attachment). The following sample Attachment may be included in an IFB or RFP to satisfy the Act's certification requirements of bidders and proposers. Contract# C21L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant• FY 2021 / 22, Date: 09/10/2021 Page: 23 of 46 Exhibit E -DARFUR CONTRACTING ACT Pursuant to Public Contract Code section 10478 , if a bidder or proposer currently or within the previous three years has had business activities or other operations outside of the United States, it must certify that it is not a "scrutinized" company as defined in Public Contract Code section 10476. Therefore, to be eligible to submit a bid or proposal, please complete only one of the following three paragraphs (via initials for Paragraph # 1 or Paragraph # 2, or via initials and certification for Paragraph # 3): YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3 INITIALED AND CERTIFIED. 1. ~ We do not currently have, or we have not had within the previous three years, business activities or other operations outside of the United States . 2. 3, OR We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission from the Department of General Services (DGS) to submit a bid or proposal pursuant to Public Contract Code section 10477{b). A copy of the written permission from DGS is included with our bid or proposal. OR We currently have, or we have had within the previous three years, business activities or other operations outside of the United States, but we certify below that we are not a scrutinized company as defined in Public Contract Code section 104 76 . CERTIFICATION For# 3. I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective proposer/bidder to the clause listed above in # 3. This certification is made under the laws of the State of California. Grantee Agency Name (Printed) Federal ID Number By (Authorized Signature) Printed Name and Title of Person Signing Date Executed Executed in the County of Fresno \. YOUR BID OR PROPOSAL WILL BE DISQUALIFIED UNLESS YOUR BID OR PROPOSAL INCLUDES THIS FORM WITH EITHER PARAGRAPH #1 OR #2 INITIALED OR PARAGRAPH #3 INITIALED AND CERTIFIED ATTEST: BERNICE E. SEIDEL Conlracl # C21 L0609, Fresno County Sheriffs Office, Boa ling Sarety and Enrorcement Equipment Grant -FY 2021 / 22 , Dale : 09110/2021 Page: 24 of 46 ATTEST : EXHIBIT F SUGGESTED LANGUAGE FOR RECYLING CERTIFICATION State law requires that state contracts shall have Recycling Certification in writing under penalty of perjury, the minimum, if not exact, percentage of recycled content, both post-consumer waste and secondary waste as defined in the Public Contract Code, Sections 12161 and 12200 , in materials , goods, or supplies offered or products used in the performance of this Agreement, regardless of whether the product meets the requ ired recycled product percentage as defined in the Public Contract Code, Sections 12161 and 12200 . Contractor may certify that the product contains zero recycled content . (PCC 10233, 10308 .5, 10354) RECYCLED CONTENT CERTIFICATION I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California . Name and Title of Person Signing Title ~Cu,y I Legal Business Name Fresno County Sheriff's Office Date Executed ' Executed in the County of Fresno Telephone Number SS°t ~v,.;:o -.;to~ The Contractor hereby certifies under penalty of perjury, that {min_recycle_pct} percent of the materials, goods, supplies offered, or products used in the performance of this-i"ontrad; nieets the or exceeds the minimum percentage of recycled material as defined in Sections 12161 and 12200 of the Public Contract Code. The Contractor may certify that the product contains zero recycled content. Contract# C21L0609, Fresno County Sheriffs Office , Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page : 25 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION General 1 2 Applicant Information a. Applicant Name b. Organizational Unit C. Address d. Address 2 e. City f. Federal ID Number g. Agency Type r City r State Agency r Other Public Agency Project Information Fresno County Sheriffs Office PO Box 1788 2200 Fresno St Fresno State CA Reference No. Zip 93717-1788 0000002932 (:' County r District a. Project Name Salvage Equipment and Defibrillators b. Is implementing agency same as Applicant c. Implementing Agency Name d. Project Start Date e. Amount of Funds Requested Oct-01-2021 $27,369.00 (: Yes r No End Date Nov-30-2022 Project Cost $27,369.00 Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 26 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 3 Contacts a. Project Administrator Name Scott Weishaar Title Sergeant Mailing Address 2200 Fresno St. City Fresno State CA Zip 93721 Telephone (559) 600-8166 Fax E-mail Address scott.weishaar@fresnosheriff.org Contract# C21L0609, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 27 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 1. Minimum Qualifications Attach a Letter of Intent as required by Title 14. A template letter is in the 'Show Documents' area. 29238 0 11 Letter of Intent.pat As a subcontractor for this federal grant award, your agency must be registered in the Federal System of Award Management (https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf) Your agency's registration must be current in that system at the time you submit your application. Attach a screenshot showing your registration is active. (A sample screenshot is available in the 'Show Documents' area) 29240 0 643 FSO SAM Account.PNG 1 a. Do you have an active Boating Safety/ Boating Law Enforcement Patrol? 1 b. What training and/or authorization does your agency have to perform boating safety and boating law enforcement in your jurisdiction? (max. 1024 characters) 1 c. Do you certify that you know you are required to submit all boating accidents as required in Section 656 of Harbors and Navigation Code for the 15-year grant term if awarded this grant? An agency's failure to submit a report may result in ineligibility of future grant funds for up to 5 fiscal years. r-Yes r No California Harbor and Navigation Code Section 663 authorizes our agency to stop and inspect vessels within Fresno County. California Harbor and Navigation Code Section 663.?(a) further explains our duties on the water within the County. California Government Code Section 26614 authorizes the Sheriff to conduct search and rescue activities. Our agencies boating deputies are trained by the Department of Boating and Waterways appointed staff on laws and regulation of boating within the State. (.' Yes C-No Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 28 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 1. California State Senate Districts 2. 3. Select one or more of the California State Senate Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Senate district(s). Ci State Senate 01 D State Senate 02 Ci State Senate 03 D State Senate 04 D State Senate 05 IJ State Senate 06 0 State Senate 07 0 State Senate 08 IJ State Senate 09 0 State Senate 10 [j State Senate 11 IJ State Senate 12 u State Senate 13 ~ State Senate 14 IJ State Senate 15 M State Senate 16 [j State Senate 17 r::i State Senate 18 0 State Senate 19 0 State Senate 20 r:i State Senate 21 r State Senate 22 C State Senate 23 IJ State Senate 24 IJ State Senate 25 0 State Senate 26 r:::i State Senate 27 0 State Senate 28 IJ State Senate 29 fJ State Senate 30 0 State Senate 31 f"':i State Senate 32 r:, State Senate 33 IJ State Senate 34 Ci State Senate 35 C State Senate 36 f"j State Senate 37 f:j State Senate 38 r::; State Senate 39 0 State Senate 40 California State Assembly Districts Select one or more of the California State Assembly Districts where the proposed project activities will occur. Copy and Paste the URL (http://www.legislature.ca.gov/legislators_and_districts/districts/districts.html) in your browser to determine the State Assembly district(s). C State Assembly 01 r::; State Assembly 02 IJ State Assembly 03 C State Assembly 04 Ci State Assembly 05 r::; State Assembly 06 0 State Assembly 07 Ci State Assembly 08 r:i State Assembly 09 rJ State Assembly 10 IJ State Assembly 11 [j State Assembly 12 Ci State Assembly 13 IJ State Assembly 14 IJ State Assembly 15 D State Assembly 16 rJ State Assembly 17 fJ State Assembly 18 rJ State Assembly 19 C State Assembly 20 r:i State Assembly 21 C State Assembly 22 M State Assembly 23 [j State Assembly 24 IJ State Assembly 25 r::i State Assembly 26 IJ State Assembly 27 [j State Assembly 28 0 State Assembly 29 IJ State Assembly 30 Ri State Assembly 31 0 State Assembly 32 0 State Assembly 33 rJ State Assembly 34 IJ State Assembly 35 D State Assembly 36 IJ State Assembly 37 f"i State Assembly 38 D State Assembly 39 0 State Assembly 40 [j State Assembly 41 [J State Assembly 42 f:j State Assembly 43 Ci State Assembly 44 0 State Assembly 45 [J State Assembly 46 0 State Assembly 4 7 0 State Assembly 48 l"J State Assembly 49 D State Assembly 50 [J State Assembly 51 fJ State Assembly 52 r:i State Assembly 53 0 State Assembly 54 0 State Assembly 55 0 State Assembly 56 rJ State Assembly 57 IJ State Assembly 58 [7 State Assembly 59 0 State Assembly 60 r:i State Assembly 61 r::i State Assembly 62 r:i State Assembly 63 [j State Assembly 64 IJ State Assembly 65 rJ State Assembly 66 fJ State Assembly 67 Ci State Assembly 68 LJ State Assembly 69 [; State Assembly 70 IJ State Assembly 71 G State Assembly 72 f"j State Assembly 73 Ci State Assembly 74 fJ State Assembly 75 fJ State Assembly 76 0 State Assembly 77 f7 State Assembly 78 rJ State Assembly 79 Ci State Assembly 80 California Congressional Districts Select one or more of the California Congressional Districts where the proposed project activities will occur. Copy and Paste the URL (https://www.govtrack.us/congress/members/CA) in your browser to determine the Congressional district(s). IJ Congressional District 1 Ri Congressional District 4 ri Congressional District 2 n Congressional District 5 0 Congressional District 3 rJ Congressional District 6 Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 29 of 46 Exhibit G-BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Ci Congressional District 7 11 Congressional District 8 D Congressional District 9 Ci Congressional District 10 Ci Congressional District 11 D Congressional District 12 0 Congressional District 13 0 Congressional District 14 0 Congressional District 15 RI Congressional District 16 [j Congressional District 17 D Congressional District 18 IJ Congressional District 19 [j Congressional District 20 RI Congressional District 21 Rl Congressional District 22 C Congressional District 23 [i Congressional District 24 D Congressional District 25 r.; Congressional District 26 C Congressional District 27 D Congressional District 28 fJ Congressional District 29 l'J Congressional District 30 rJ Congressional District 31 Ci Congressional District 32 0 Congressional District 33 fJ Congressional District 34 r::i Congressional District 35 n Congressional District 36 rJ Congressional District 37 rJ Congressional District 38 rJ Congressional District 39 D Congressional District 40 fJ Congressional District 41 D Congressional District 42 fJ Congressional District 43 J: Congressional District 44 D Congressional District 45 D Congressional District 46 [j Congressional District 47 D Congressional District 48 [j Congressional District 49 r Congressional District 50 IJ Congressional District 51 C Congressional District 52 r, Congressional District 53 4. County Select one or more of the California Counties where the proposed project activities will occur. Li Alameda UAlpine C Amador rJ Butte Dcalaveras rJcolusa C Contra Costa f'J Del Norte r:: El Dorado MFresno 11Glenn I] Humboldt D Imperial [j Inyo □Kern llKings IJ Lake D Lassen C Los Angeles l'J Madera Ii Marin rJMariposa fJ Mendocino Li Merced □Modoc f"i Mono l'"i Monterey rJNapa rJNevada J"Jorange [j Placer rJ Plumas C: Riverside n Sacramento IJ San Benito f'Jsan Bernardino r:isan Diego [i San Francisco r, San Joaquin Usan Luis nsan Mateo [i Santa Barbara Obispo [j Santa Clara r::i Santa Cruz C Shasta fJ Sierra USiskiyou IJsolano Dsonoma r::i Stanislaus rJ Sutter r:iTehama □Trinity □Tulare fJTuolumne r:iventura riyolo nYuba Contract# C21 L0609, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant• FY 2021 / 22, Date: 09/10/2021 Page: 30 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 2. Citation Authority 2 a. Number of Full-Time Boating Safety and/or Boating Law Enforcement Officers do you have? 2 b. Number of Part-Time Boating Safety and/or Boating Law Enforcement Officers do you have? 3. 4. 5. 5a. How many hours per year do they work? Is this work seasonal or continuous? Does your boating safety and enforcement unit have citation authority? If YES, Code # a. How many boating safety related citations did your agency issue last calendar year? b. How many boating accidents did your agency respond to in the last calendar year? C. How many Search and Rescue missions did your agency perform in the last calendar year? Does your boating safety and enforcement unit have arrest authority? If YES, Code # How many boating related arrests did you conduct last calendar year? How many outreach events did your agency participate in to promote boating safety education last calendar year? Please list these events. Event Name N/A 3 10 9,912 Continuous r.' Yes r No PC 836(a) 70 12 241 r. Yes r No PC 836(a) 13 0 Date of Event (optional) N/A Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 31 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 6. Jurisdiction Table List All Waterbodles That Are In Your Jurisdiction and Fill In the Chart for Each How many hours/year Is this waterbody patrolled Do you share by your agency. If Jurisdiction Boating activities (fishing, seasonal, list active on this If shared Jurisdiction, list Waterbodv Size (areal watersports paddlecraft etc.) months waterbodv other aaencvlsl Kings River 31 miles Fishing, boating, rafting, paddle 2720 Yes Kings County Sheriff sports swimmina Mav-Sept. Pine Flat Lake 9.3 sq. mi. Fishing, boating, paddle sports, 2720 No swimmina. saillna Mav-Seot. Shaver Lake 3.4 sq. mi Fishing, boating, paddle sports, 2720 No swimming, water sport events, May-Sept. sailinq Huntington Lake 2.2 sq. mi. Fishing, boating, sailing, paddle 240 No sports. swimming, organized May-Sept. reaattas Wishon Reservoir 1.5 sq. mi Fishing, boating, paddle sports 40 No Mav-Sept. Courtwright Reservoir 2.7 sq. mi. Fishing, boating, paddle sports 40 No Mav-Seot. San Joaquin River 73 miles Fishing, boating, rafting, paddle 120 Yes Madera Sheriff soorts swimmina Mav-Seot. Redinger Lake 0.7 sq. mi. Fishing, boating, paddle sports, 40 Yes Madera Sheriff swimmina Mav-Seot. Kerckhoff Reservoir 0.3 sq. mi. Fishing, boating, paddle sports, 40 Yes Madera Sheriff swimmina Mav-Seot. Edison Lake 2.9 sq. mi. Fishing. boating, paddle sports 40 No Mav-Seot. Florence Lake 0.5 sq. mi. Fishing, boating, paddle sports 20 No May-Sept. Contract# C21L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant• FY 2021 / 22, Date: 09/10/2021 Page: 32 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Avocado Lake 0.1 sq. mi Fishing, boating, paddle sports, 20 No swimmina Mav-Sept. Mendota Slough 2.14 sq. mi Fishing, boating, paddle sports, 20 No swimmina waterfowl huntlna Mav-Seot. Contract# C21L0609, Fresno County Sheriffs Office, BoaUng Safety and Enforcement Equipment Grant-FY 2021122, Date: 09110/2021 Page: 33 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 7. Clearly identify the top three safety issues in your jurisdiction and describe how the requested grant will address these issues. -Safe recovery of sunken vessels -The Fresno County Sheriffs Office Boating Unit investigates all vessel accidents within Fresno County. Additionally the Sheriffs Office Dive Team responds to numerous calls of submerged vehicles throughout the county in any given year. When the accident results in the vessel or vehicle sinking the Sheriffs Office currently does not have the industry standard equipment to safely recover the vessel or vehicle while preserving evidence. -Proper preservation of evidence for processing vessels involved in boating accidents -Proper evidence preservation and documentation is vital in the prosecution of subjects causing injury or fatal boating accidents. In order to properly preserve evidence at the scene, a vessel must be handled with the up most care and attention to detail throughout the entire recovery process. Any damage caused during the recovery of a vessel involved in a boating accident can taint the evidence collection process and hamper the prosecution for those responsible for causing the accident. -Resuscitation of drowning/ cardiac arrest patients -The Fresno County Sheriffs Office Boating Unit responds to all drownings and medical emergencies that take place near the many waterways within Fresno County. Our County's fire and emergency medical services do not have any vessels with which to respond to medical emergencies on the waterways. They rely on our agency to locate, triage, and transport the patients to the nearest location accessible to an ambulance or fire truck. Statistics have shown the odds of surviving a drowning or cardiac arrest dramatically increase when provided with defibrillation and proper application of cardiopulmonary resuscitation (CPR). An automated external defibrillator (AED) guides deputies in the performance of CPR in a highly stressful situation, evaluates the patient for a heartbeat, and can administer a shock to restore one's heartbeat. Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 34 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 8. Inventory List all patrol boats, PWCs and inflatables in your current inventory (County and State owned) Is this Is this a boat How boat that many current was hours/y ly funded ear is being bya CF this What waterbodies is it surplus DBW Vessel Year Make Number used? used on? ed? Grant? Status? 1,995 Design CF 3367 120 Shaver Lake, Pine Flat Yes Yes Operational Concepts XC Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 1,998 Woolridge CF 3950 840 Kings River, San Joaquin No Yes Operational XC River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir, Wishon Reservoir, Avocado Lake, Redinger Lake, Kirckhoff Reservoir, Florence Lake, Edison Lake 2,000 Woolridge CF 4157 840 Kings River, San Joaquin No Yes Operational XC River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir, Wishon Reservoir, Avocado Lake, Redinger Lake, Kirckhoff Reservoir, Florence Lake, Edison Lake 2,001 Jet Craft CF 4160 120 Shaver Lake, Pine Flat No Yes Operational XC Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2,001 Chinook CF 4265 40 Shaver Lake, Pine Flat No Yes Operational XC Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2,004 Design CF 4655 840 Shaver Lake, Pine Flat No Yes Operational Concepts XC Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2,006 Yamaha CF 4854 120 Kings River, San Joaquin No Yes Operational XC River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir, Wishon Reservoir, Avocado Lake, Redinger Lake, Kirckhoff Reservoir, Florence Lake, Edison Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 35 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Lake 2,006 Yamaha CF 6651 120 Kings River, San Joaquin XC River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir, Wishon Reservoir, Avocado Lake, Redinger Lake, Kirckhoff Reservoir, Florence Lake, Edison Lake 2,008 Zodiac CF 5078 40 Kings River, San Joaquin XC River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir, Wishon Reservoir, Avocado Lake, Redinger Lake, Kirckhoff Reservoir, Florence Lake, Edison Lake 2,016 Rogue Jet CF 5717 840 Shaver Lake, Pine Flat XC Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2,017 Rogue Jet CF 5770 840 Shaver Lake, Pine Flat XC Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2,021 Rogue Jet CF 6030 840 Shaver Lake, Pine Flat XC Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 9. Project Type Are you requesting a new Patrol BoaUPWC or Misc. Equipment.? [j New Patrol BoaUPWC w.i Equipment/ Repairs No Yes Operational No Yes Operational No Yes Operational No Yes Operational No Yes Operational * All items purchased with funding provided by the Division of Boating and Waterways are for the exclusive use of the Boating Safety and Enforcement Unit. Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 36 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Misc Equipment Instructions PLEASE READ THE FOLLOWING CAREFULLY ENTER INFORMATION IN THIS SECTION ONLY IF YOU SELECTED 'MISC. EQUIPMENT' AS A PROPOSAL TYPE IF YOU DID NOT SELECT 'MISC. EQUIPMENT' AS A PROPOSAL TYPE, CLICK ON THE NEXT TAB TO NAVIGATE TO THE NEXT SECTION Misc. Equipment Items 11. Describe what you are requesting. You may group "like" items. Item Cost Quantitv Total Prioritv Comments Salvage I Recovery 6,150.00 1.00 6,150.00 1 Eauioment Kit Defibrillators, 3,041.00 9.00 27,369.00 2 batteries and oads TOTAL 33,519 Misc. Equipment Items Questions (Salvage/ Recovery Equipment Kit) 11. Item Details 11 a. Is this equipment general all-purpose gear? NOTE: person-specific (." Yes r No items will not be funded. 11 b. Describe exactly what you are requesting and how this equipment will help mitigate the boating safety issues you identified in Question 7. If your requested quantity is more than one for any item, explain the need for having multiple items. (max. 2000 characters) Unfortunately almost every year the Fresno County Sheriff's Office investigates at least one fatal vessel accident or vehicle found submerged in a waterway. Frequently during these accidents the vessel or vehicle and other large pieces of evidence sink. A critical part of the investigation is recovering the vessel or vehicle in the same condition it was in as it was sinking. The preservation of this evidence is crucial to conduct a thorough and accurate investigation. Our current practice is to contract with a local tow company or marina to raise a sunken vessel. The marina's technique for raising a vessel is to use a winch to bring it near the surface, then tow the vessel partially submerged to the dock. The inability to completely raise the vessel and then dragging it under the water causes critical evidence to be lost or destroyed. The tow company has the equipment we are requesting, however, they charge a minimum of $600 per hour for vessel recoveries. Relying on a tow company with the proper recovery equipment has previously caused several issues for the Sheriff's Department In addition to the high cost, the tow companies have little regard for, nor understand the critical importance of evidence preservation. An example of such carelessness was evident when a tow company recovered a vessel for our agency and ultimately ended up crushing the vessel like an aluminum can, drug it through trees, and destroyed valuable evidence. We are therefore requesting to purchase a Dive Rescue International Salvage I Recovery Kit. This kit includes inflatable lift bags and all the associated hardware to safely recover a sunken vessel. The Sheriff's Office has recently been trained in the use of this equipment and has the ability to use it to its full potential. Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 37 of 46 Exhibit G-BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION This equipment will improve the quality of accident investigations, aid in accurately prosecuting those responsible for accidents, and provide on-going cost savings for the Sheriffs Office. 11 c. Describe any negative impacts to boating safety and/or boating enforcement if you do not get this grant. Without this salvage equipment the Fresno County Sheriffs Office will continue to use third party services to recover sunken vessels involved in boating accidents. This has, and will continue to compromise accident investigation by further damaging involved vessels during recovery operations. This impacts boating safety by inhibiting an investigator's ability to conclude who is at fault for an accident and, if warranted, properly prosecuting them for a crime. 11 d. Classify this request Classify this request by choosing one of the following options and present a strong justification for the request (.': "Critical" (operations would cease without it) r "Increased efficiency" (if it would save staff time, identify how much time) r "Convenience" (it would make life a little easier) r "Protection" of existing equipment (ex: shade structure, hoists to get the vessels out of the water, etc. to extend longevity) Justification -include Just below critical -50% Boating Safety and 50% SAR -We currently have no way to the percentage of time recover sunken vessels other than contracting with third parties. This equipment will the equipment will be greatly improve the investigation and prosecution of crime related to boating accidents. used for boating safety activities and the percentage of time it will be used for search and rescue. (max. 300 characters) 11 e. If you are not awarded your full request, would your agency be able to supplement the difference? If yes, what percentage can you supplement? r Yes r. No 11 f. What other capabilities exist in your region for this equipment? Justify why it is not feasible to borrow this equipment from a neighboring agency. We are only aware of one other agency in our region that has the ability to recover sunken vessels. Performing these recoveries in a safe manner requires ongoing training and familiarity with the equipment. Using borrowed equipment that we are not able to continually train with poses a large and unacceptable safety risk to our divers. When using borrowed and unfamiliar equipment chances of injury or death to our divers is at a greatly increased risk. It is imperative that members of our agency know how to operate and regularly train on the equipment that they will be using in the field. It is also crucial that our agency be confident in the maintenance and upkeep of such equipment, which cannot be guaranteed when borrowing equipment from another agency. 11 g. How and why did you select this particular model? Explain if this is standard equipment or do you need something specialized for your waterbody to meet your agency's needs? List less expensive models considered and explain why they are not being requested. List other funding sources available to your agency that could be used to purchase or partially purchase this equipment. We chose this particular recovery package because it includes all the equipment we would need to conduct an operation safely and properly. This is the same equipment that we were recently trained to use and were pleased with its quality and performance. These lift bags are industry standard for recovering vessels. They are used by other public safety agencies and private contractors throughout the United States. Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 38 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION We are not aware of less expensive versions. We have looked into purchasing all the needed hardware and lift bags separately to reduce cost but purchasing everything as a package is the most cost effective way to obtain this equipment. Misc. Equipment -Informational 11 h. What body(s) of water will this equipment be Kings River, San Joaquin River, Mendota Slough, Shaver Lake, used on? Pine Flat Lake, Courtright Reservoir, Wishon Reservoir, Avocato Lake, Redinger Lake, Kirckhoff Reservoir, Florence Lake, Edison Lake, misc canals and aqueducts. 11 i. Will this equipment be used for anything besides Recreational Boating Safety Enforcement (ie. Junior lifeguard, swimming rescues, enforcing commercial activities, etc.)? If so, list activities and percentage of time vs. Recreational Boating Safety Enforcement (max. 1024 characters) r Yes r♦ No 11 j. Select the PRIMARY purpose this equipment will be used for: r♦' Search and rescue r, Enforcement of state and local measures r Inspection of vessels r, Recovering drowned bodies r Supervising organized water events 11 k. If this is search and rescue equipment (i.e.dive gear), how many boating-related emergencies did you respond to last year that required this type of equipment? Do not include non-boating emergencies (i.e. swimmers). 4 Misc. Equipment Items Questions (Defibrillators, batteries, and pads) 11. Item Details 11 a. Is this equipment general all-purpose gear? NOTE: person-specific r. Yes r No items will not be funded. 11 b. Describe exactly what you are requesting and how this equipment will help mitigate the boating safety issues you identified in Question 7. If your requested quantity is more than one for any item, explain the need for having multiple items. (max. 2000 characters) The Fresno County Sheriff's Office Boating Enforcement Unit is often times the first on the scene of medical emergencies and injured persons on the waterways of Fresno County. Without having emergency medical service personnel nearby it is imperative deputies be equipped with one of the most useful life saving devices on the market, an AED. To potentially help save ones life we are requesting to purchase nine Zoll AED Pro Semi-Auto defibrillators. Additionally we are requesting to purchase nine lithium battery packs to power the defibrillators, nine adult CPR stat pads, and nine pediatric pads. The AEDs will be issued to all our seasonal and full time boating deputies, the boating unit sergeant, the Huntington Lake contract deputy, and the last will be stored in our dive trailer for dive team medical related emergencies. Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 39 of 46 Exhibit G-BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Boating Enforcement Unit deputies who would be issued and AED would have better odds of saving one's life if faced with a medical emergency while enroute to their assigned waterway, while patrolling the waterway, or while on their way back home. Boating Enforcement Unit deputies can unfortunately count on having to perform CPR on an unsuspecting person at some point in time during the summer boating season. By being equipped with an AED deputies can be provided with automated instructions to assist them in the performance of CPR during a highly stressful and dynamic situation. Additionally deputies can be provided with a secondary means of patient evaluation to guide them in the performance of their duties. Most importantly and AED can provide a deputy with the one of the only capable means of restarting one's heartbeat. An AED is one of the most priceless and beneficial tools available to assist with officer and public safety. The procurement of an AED is an investment whose return cannot be measured in monetary value but in the priceless value of a human life. The life of a parent, child, friend, or spouse is without measure. 11 c. Describe any negative impacts to boating safety and/or boating enforcement if you do not get this grant. As previously mentioned Fresno County's emergency medical services and fire personnel do not have the means by which to respond to medical emergencies that take place on the waterways within the County. Additionally they are not stationed close to the rural areas in which the waterways of Fresno County are located and wait times for emergency medical personnel to arrive on scene can often exceed a half hour. Statistics have shown that survival rates for those who suffers a cardiac arrest can diminish by 7 to 10 percent for every minute that CPR is not performed. If not equipped with AEDs deputies would continue to respond to medical emergencies in the field without up to date equipment and rely on memory to properly perform CPR in stressful, time sensitive situations. The public's and our agencies own personnel's lives would be at risk if not properly equipped with today's technology. 11 d. Classify this request Classify this request by choosing one of the following options and present a strong justification for the request r "Critical" (operations would cease without it) r. "Increased efficiency" (if it would save staff time, identify how much time) [Increase performance of CPR and lifesaving abilities by 50 to 80 percent.] r "Convenience" (it would make life a little easier) r "Protection" of existing equipment (ex: shade structure, hoists to get the vessels out of the water, etc. to extend longevity) Justification -include 50% Boating Safety / 50% SAR. The AEDs will be carried on all patrol vessels while the percentage of time patrolling the waterways. The waterways we patrol have minimal land access resulting the equipment will be in extended access to advanced first aid. An AED will greatly increase the chances of used for boating recovery during a cardiac arrest or drowning. safety activities and the percentage of time it will be used for search and rescue. (max. 300 characters) 11 e. If you are not awarded your full request, would your agency be able to supplement the difference? If yes, what percentage can you supplement? r Yes (e' No Contract# C21L0609, Fresno County Sheritrs Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 40 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 11 f. What other capabilities exist in your region for this equipment? Justify why it is not feasible to borrow this equipment from a neighboring agency. Fresno County fire and emergency medical services are equipped with AEDs, however their response time to remote areas of the County can be prolonged. Our unit has a close relationship with the County's emergency medical services (American Ambulance) and has attempted to acquire older AEDs from their agency that are being replaced, however this has never come to fruition after multiple attempts. AEDs are rather expensive, have a great necessity in the medical field and are not an item that can easily be "borrowed". 11 g. How and why did you select this particular model? Explain if this is standard equipment or do you need something specialized for your waterbody to meet your agency's needs? List less expensive models considered and explain why they are not being requested. List other funding sources available to your agency that could be used to purchase or partially purchase this equipment. The majority of fire and emergency medical services in Fresno County carry Zoll AED Pro's to use in the event of a medical emergency. By choosing to deploy with Zoll AED Pros this would allow for a multi-agency interoperability. Zoll AEDs allows first responders and medical personnel to transition quickly between defibrillators. This will allow for continuity of care and reduces the risk to patient safety. If an AED were to be used in the field our agency would be provided with replacement shock pads by EMS, which would reduce the cost to our agency. Studies have shown that Zoll AEDs are water resistance and continue to work after being fully submerged in water. Our unit briefly looked at the cost of all reputable AEDs designed for first responders and medical personnel and found them to all be comparatively equal to one another. Due to the benefits and reasons described above for choosing the Zoll AEDs we did not further pursue another brand of AED. Misc. Equipment -Informational 11 h. What body(s) of water will this equipment be Kings River, San Joaquin River, Mendota Slough, Shaver Lake, used on? Pine Flat Lake, Courtright Reservoir, Wishon Reservoir, Avocato Lake, Redinger Lake, Kirckhoff Reservoir, Florence Lake, Edison Lake, misc canals and aqueducts. 11 i. Will this equipment be used for anything besides Recreational Boating Safety Enforcement (ie. Junior lifeguard, swimming rescues, enforcing commercial activities, etc.)? If so, list activities and percentage of time vs. Recreational Boating Safety Enforcement (max. 1024 characters) r Yes r." No 11 j. Select the PRIMARY purpose this equipment will be used for: r-" Search and rescue r Enforcement of state and local measures r Inspection of vessels r Recovering drowned bodies r Supervising organized water events 11 k. If this is search and rescue equipment (Le.dive gear), how many boating-related emergencies did you respond to last year that required this type of equipment? Do not include non-boating emergencies (i.e. 5 Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 I 22, Date: 09/10/2021 Page: 41 of 46 Exhibit G-BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION swimmers). Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22, Date: 09/10/2021 Page: 42 of 46 Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 12 Previous BSEE Grants Did your agency apply for a BSEE grant ? Were you awarded a BSEE grant? (leave blank if No) FY 20/21 Yes Yes FY 19/20 Yes Yes Amount awarded: (List amount or leave blank if No or NA) 113,284 120,699 Amount reimbursed: (List amount or leave blank if No or NA) 113,284 120,699 List the Equipment Purchased: (List leave blank if No or NA) Boating Safety and Enforcement Income 13. Revenue and Expenditures Boat Tax Revenue Other Revenue: Patrol boat Inflatable raft a) Other local revenue sources: (Example: launching facilities, campgrounds, parking, anything that goes toward marine patrol support) b) Any State boating funding sources, including DBW subvention: TOTAL ANNUAL BOATING INCOME IN YOUR OPERATING BUDGET TOTAL EXPENDITURES FOR BOATING SAFETY AND ENFORCEMENT 14. If you participated in the subvention program, were all allocated funds expended in the previous closed year? If NO, state percentage of remaining funds. Patrol boat Swiftwater drysuits Repaint and re-decal three patrol boats 39,963.00 68,967.00 566,048.00 674,978.00 1,033,991.00 (.' Yes r No 4.00 FY 18/19 Yes No C' NA Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Page: 43 of 46 Line Item 1 Patrol Boat/ Equipment Safety Equipment 2 Adjustment TOTAL EXPENDITURES Budget Detail for Boating Safety and Enforcement Equipment Grant -FY 2021 / 22 Agency: Fresno County Sheriffs Office Application: Salvage Equipment and Defibrillators I Qty! RateluoM I I 9.ooool 3041.ooolEA I I Contract# C21L0609, Fresno County Sheriff's Office, BoaUng Safety and Enforcement Equipment Grant-FY 2021 / 22, Date: 09/10/2021 Total! Req Amount 27,369.001 27,369.00 27,369.ool 27,369.00 Page: 44 of 46 Category 1 Patrol Boat I Equipment 2 Adjustment TOTAL EXPENDITURES Budget Summary for Boating Safety and Enforcement Equipment Grant -FY 2021 / 22 Agency: Fresno County Sheriffs Office Application: Salvage Equipment and Defibrillators Total ReqAmount Narrative 27,369.00 27,369.00 0.00 0.00 27,369.00 27,369.00 Contract# C21L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021122, Date: 09/10/2021 Page: 45 of 46 a. b. Exhibit G -BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Applicant Certification Ri Name: Title: Under penalty of perjury, I certify that I have examined this application and the document(s), proposal(s), and statement(s) submitted in conjunction herewith, and that to the best of my information and belief, the information contained herein is true, accurate, correct, and complete. I certify that I am the person authorized to submit this application on behalf of the applicant. Date Signed: Scott Weishaar Sheriff Sergeant 04/23/202 Contract# C21 L0609, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant -FY 2021 / 22. Date: 09/10/2021 Page: 46 of 46