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HomeMy WebLinkAboutAgreement A-22-561 Award Agreement with Off-Highway Vehicle.pdf BERNICE E.SEIDEL DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A Clerk of the Board of Supervisors Agreement No. 22-561 Count of Fre io,State of California By— _ -deputy State of California-The Resources Agency OFF-HIGH'.':AY MOTOR VEHICLE RECREATION DIVISION DEPARTMENT OF PARKS AND RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM PROJECT AGREEMENT PROJECT AGREEMENT NUMBER:G22-03-08-1-01 PROJECT TYPE: Law Enforcement GRANTEE:Fresno County Sheriff's Office PROJECT TITLE:Law Enforcement PROJECT PERFORMANCE PERIOD:FROM 09/06/2022 THROUGH 09/05/2023 MAXIMUM AMOUNT PAYABLE SHALL NOT EXCEED$104,197.00(One Hundred Four Thousand One Hundred Ninety Seven and 00/100) THIS PROJECT AGREEMENT is made and entered into, by and between the State of California,acting by and through the Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division and Grantee. The Grantee agrees to complete the project as described in the Project Description.The Grantee's Application, the Off-Highway Motor Vehicle Act of 2003 and the California Code of Regulations, Division 3, Chapter 15, Sections 4970-4970.26 are hereby incorporated into this agreement by reference. The parties hereto agree to comply with the terms and conditions of the following attachments which by reference are made a part of the Project Agreement. ATTACHMENT 1 -PROJECT COST ESTIMATE ATTACHMENT 2-GENERAL PROVISIONS GRANTEE STATE OF CALIFORNIA AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE: AUTHORIZED NAME: Brian Pacheco AUTHORIZED NAME:Sixto J.Fernandez TITLE:Chairman of Board of Supervisors of the County of Fresno TITLE:Grants Manager DATE: I'L/ Z'Z 1 DATE: CERTIFICATION OF FUNDING(FOR STATE USE ONLY) CONTRACT NUMBER: SUPPLIER ID NUMBER: FUND DESCRIPTION: C32-34-094 0000002932 1 Off-Hi hwav Vehicle Trust Fund REPORTING ACCOUNT: ACTIVITY: CHARGE AMOUNT: PROGRAM: STRUCTURE: 37900550 5432000 62684 104 197.00 2855 BU: REF: FUND: CHAPTER: ENY/STATUTE FISCAL YEAR: 3790 101 0263 43 1 2022 2022/2023 1 hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF DPR ACCOUNTING OFFICER: DATE: N/A Contract#C32-34-094,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2022,Date:10/20/2022 Page:1 of 8 DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program -2022 Agency: Fresno County Sheriff's Office Application: Law Enforcement APPLICANT Fresno County Sheriffs Office NAME : PROJECT Law Enforcement PROJECT G22-03-08-1-01 TITLE : NUMBER (Division use only) : PROJECT r Law Enforcement r Restoration F_ Education &Safety r Acquisition TYPE r Development F_ Ground Operations F_ Planning The Project is to provide Off-Highway Vehicle (OHV) related Law Enforcement activities within the jurisdiction of the Fresno County Sheriff's Office. The activities may include, but are not limited to patrol, barrier installation, maps, search, and rescue. The Project may also provide for the purchase of Equipment, Heavy Equipment, materials and supplies as outlined in the Project Cost Estimate. Grantee agrees PROJECT that all Heavy Equipment will be kept as part of the Equipment inventory for the DESCRIPTION : duration of the Equipment's useful life and may only be used on activities that are acceptable to Law Enforcement category per Section 4970.12. of the Grants and Cooperative Agreements Program Regulations. Grantee must obtain written Off- Highway Motor Vehicle Recreation (OHMVR) Division approval prior to disposition of all Grant purchased Heavy Equipment. Grantee is required to provide a minimum of twenty-five (25) percent of the total Project cost in matching funds. Line Item I Qty Rate UOM I Total Grant Req. Match DIRECT EXPENSES Program Expenses 1 Staff 1. Staff-Law 880.610 79.000 HRS 69,568.00 52,176.00 17,392.00 Enforcement Officers 0 Notes : The manpower plan will provide Fresno County law enforcement services for general enforcement, public awareness of responsible OHV users, education of OHV riding areas. These Contract#C32-34-094,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2022,Date:10/20/2022 Page:2 of 8 DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program -2022 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req. Match areas include places such as snow parks, ski and snow trails, specific OHV riding areas, irrigation canals, waterways/sensitive areas from surrounding OHV recreational areas. This will help regulate snow parks, ski and snowboard trails, conduct vehicle safety inspections for summer and winter vehicles. We conduct training in a safe operation of off- road equipment, assist search and rescue operations and are responsible for maintenance and repair of Fresno County OHV equipment. Our salary cost(s) have risen from last year due to significant salary increases negotiated through our MOU with the County of Fresno. There will be a difference between this application and last application. Contract#C32-34-094,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2022,Date:10/20/2022 Page:3 of 8 DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program -2022 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req. Match The budget prepared for Fresno County OHV staff a two person OHV team on each Friday, Saturday, and Sunday 2. Staff-Sergeant 104.025 90.000 HRS 9,362.00 7,021.00 2,341.00 Notes : The Sheriff 0 Sergeants are assigned to run the operation of the Fresno County Sheriff OHV Unit. The Sergeant is also trained and qualified to deploy with deputy sheriffs when the need arises. We have budgeted 20% of time to cover this cost in order to ride and enforce OHV laws, manage the OHV unit, scheduling details, attend community meetings, participating in safety presentations and the overall management of the equipment and unit we operate. Total for Staff 78,930.00 59,197.00 19,733.00 2 Contracts 3 Materials/Supplies Contract#C32-34-094,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2022,Date:10/20/2022 Page:4 of 8 DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program -2022 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item I Qty I Rate UOM I Total I Grant Req. Match 4 Equipment Use Expenses 5 Equipment Purchases 1. Equipment 2.0000 19000.000 MISC 38,000.00 28,500.00 9,500.00 Purchases- Snowmobiles Notes : We are asking for replacement of our current snowmobile fleet we have been operating for ten years. Our request is to purchase two 2022 Polaris RMK 850 snowmobiles. These machines will replace the two older version we have. We purchased two 2021 sleds from the prior grant cycle. Our need for such a powerful machine is due to the terrain and elevations we deploy to in Fresno County. The range for normal snowmobile riding ranges from 7500' to 10,500' in elevation. The terrain is steep which requires a snowmobile with enough power and length to operate in deep power snow. Contract#C32-34-094,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2022,Date:10/20/2022 Page:5 of 8 DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program -2022 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req. Match While also ensuring the safety of the rider by a longer track allowing for stability while siding hilling and over icy conditions we encounter in our Sierra Nevada Mountains. There are over 200 miles of over the snow trails we patrol throughout the winter months. 6 Others 1. Snowmobile Trailer 1.0000 19000.000 MISC 19,000.00 14,250.00 4,750.00 Notes : We are requesting the purchase one Charmac snowmobile trailer to store the snowmobiles in during on and off season. This Charmac trailer completes our needs of storage both equipment and snowmobiles. Easy Entry and Exit: Ramp approach has hinged ramp flap for easy loading. Smooth Aluminum Skin: .030" aluminum panel exterior with minimal screws. Multiple Contract#C32-34-094,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2022,Date:10/20/2022 Page:6 of 8 DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program -2022 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req. Match Tie Down Positions: Flush mount D-ring tie downs provide optimal tie down locations. Aluminum Wheels with Torsion Axle: Four cord rubber torsion axle with optional electric brakes. Cam arm ramp door latch with grease zerks, hinges, and latches. These will allow us to not only store our equipment keeping them out of the elements, but the easy of towing, loading and unloading are unmatched for our needs. Total Program Expenses 135,930.00 101,947.00 33,983.00 TOTAL DIRECT EXPENSES 135,930.00 101,947.00 33,983.00 INDIRECT EXPENSES Indirect Costs 1 Indirect Costs 1. Indirect Costs- 50.0000 60.000 HRS 3,000.00 2,250.00 750.00 Administration Notes : These are costs of the Administrative Office monitors the financial portion of the grant for our unit. The administrative officer Contract#C32-34-094,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2022,Date:10/20/2022 Page:7 of 8 DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program -2022 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req. Match deals with the payroll, maintenance of budget, and all other grant related questions dealing with stats, audits, or financials requested by the State. They are responsible for the fiscal management of all incoming and outgoing costs, along with monitoring the payroll portion of the grant. We utilize $6000.00 as indirect cost. Total Indirect Costs 3,000.00 2,250.00 750.00 TOTAL INDIRECT EXPENSES 3,000.00 2,250.00 750.00 TOTAL EXPENDITURES 1 138,930.00 104,197.00 34,733.00 TOTAL PROJECT AWARD 1 104,197.00 Contract#C32-34-094,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2022,Date:10/20/2022 Page:8 of 8 DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A Project Agreement General Provisions (Nonfederal Applicants Only) A. Definitions 1. The term "State"as used herein means the State of California, Department of Parks and Recreation. 2. The term "Act"as used herein means the Off-Highway Motor Vehicle Recreation Act of 2003 as amended. 3. The term "Project"as used herein means the Project described in Attachment 1 of this Agreement and in the Application. 4. The term "Application"as used herein means the individual Project Application and attachments required pursuant to the enabling legislation, regulations, and/or Grant program,which is incorporated into this Agreement by reference. 5. The term "Project Agreement"as used herein means the Application and the Project Agreement and its General Provisions. 6. The term"Grantee"as used herein means the party described as the Grantee on page 1 of the Project Agreement. B. Project Execution 1. Subject to the appropriation and availability of Grant funds in the state budget,the State hereby awards to the Grantee the sum of money(Grant money)stated on page 1 of the Project Agreement in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Project Description on Attachment 1 of the Project Agreement and the terms and conditions set forth in this Agreement. The Grantee assumes the obligation to furnish any additional funds that may be necessary to complete or carry out the Project as described. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. The State's obligation to make Grant payments is limited to the Project as provided for herein, or as modified with the approval of the State. 2. The Grantee agrees to complete the Project in accordance with the Project performance period set forth on page 1 of the Project Agreement, and under the terms and conditions of this agreement. 3. If the Project includes development,the development plans, specifications and estimates or Force Account Schedule shall be reviewed and approved by the State prior to the Grantee proceeding with the Project. Unless the development plans, specifications and estimates are approved by the State,the State shall have no obligation to make Grant payments for the work. The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. In addition,the Grantee shall complete the development work in accordance with the State-approved development plans, specifications, and estimates or Force Account Schedule. 4. The Grantee shall make property or facilities acquired and/or developed pursuant to this Agreement available for inspection upon request by the State to determine if development work is in accordance with the approved plans, specifications and estimates or Force Account Schedule, including a final inspection upon Project completion. 5. If the Project includes acquisition of real property,the cost of which is to be reimbursed with Grant moneys under this Agreement,the acquisition shall comply with Chapter 16 (commencing with Section 7260)of Division 7 of Title 1 of the Government Code and any Appendix(Rev. 1/19) DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A other applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review by the State upon request. Eminent domain may not be used to acquire property using the Grant funds provided by this Agreement. 6. If the Project includes acquisition of real property,the purchase price shall be the fair market value of such property as established by an appraisal completed according to established current appraisal practices and methods as approved by both the Grantee and the State. The Grantee agrees to furnish the State with additional supportive appraisal material or justification as may be requested by the State to complete its review and approval of the fair market value. The Grantee agrees to furnish the State with preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by the State. The Grantee agrees to correct prior to or at the close of escrow any defects of title which in the opinion of the State might interfere with the operation of the Project. C. Project Costs 1. The Grant moneys to be provided to the Grantee under this Agreement shall be disbursed as follows, but not to exceed in any event one-hundred (100) percent of the allowable Project costs or the State Grant amount as set forth on page 1 of this Agreement,whichever is less: 2. If the Project includes acquisition of real property,the State shall disburse to the Grantee the Grant moneys as follows, but not to exceed in any event the State Grant amount set forth on page 1 of this Agreement. The State will disburse the amount of the State-approved purchase price together with State- approved costs of acquisition. Funds for acquisition shall only be released into an escrow account established for the acquisition. D. Project Administration 1. The Grantee shall promptly submit such progress, performance or other reports concerning the status of work performed on the Project as the State may request. In any event,the Grantee shall provide the State a report showing total final Project expenditures including State and all other moneys expended within one hundred-twenty(120)days after completion of the Project. 2. The Grantee shall make property and facilities maintained, operated, acquired or developed pursuant to this Agreement available for inspection by the State upon request. 3. The Grantee may be provided advanced payments for Grants. The Grantee shall place such moneys in a separate interest-bearing account, if legally able to do so, setting up and identifying such account prior to the advance. Interest earned on Grant moneys shall be used on the Project or paid to the State. If Grant moneys are advanced and not expended, the unused portion of the Grant(plus interest)shall be returned to the State within one hundred-twenty(120)days of completion of the Project or end of the Project performance period,whichever is earlier. Income, after deduction for reasonable expenses associated with that income,that is earned by the Grantee from a State-approved non-recreational use on an acquisition Project, subsequent to taking title by the Grantee, but before use for OHV Recreation, must be used by the Grantee for recreational purposes at the Project. 4. The Grantee shall use any moneys advanced by the State under the terms of this agreement solely for the Project herein described. 5. The Grantee will provide and maintain a sign on the Project site that identifies the funding source(Off-Highway Vehicle Fund)and the administering agency(California State Department of Parks and Recreation). Appendix(Rev. 1/19) DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A 6. Equipment must be used solely for OHV-related purposes unless the Applicant is funding the portion of the purchase price not dedicated to OHV purposes, and that portion is not part of the total project cost. E. Project Termination 1. The Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project.After Project commencement this Agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder and reimbursement to the State of any Grant moneys already provided to the Grantee. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault and beyond the control of the Grantee to prevent, mitigate or remedy. 3. Because the benefit to be derived by the State from the full compliance by the Grantee with the terms of this Agreement is the operation,development, preservation, protection and net increase in the quantity and quality of public outdoor recreation facilities available to the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant moneys under the terms of this Agreement,the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant moneys disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. 4. The Grantee further agrees,therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this Agreement, or any portion thereof,which is due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy,the State's sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached term or terms of this Agreement. F. Hold Harmless 1. The Grantee hereby waives all claims and recourse against the State including the right to contribution of loss of damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of the State, its officers, agents and employees. 2. The Grantee shall protect, indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Ceode Section 895.2 or otherwise except for liability arising out of, and attributable to,the concurrent or sole negligence of the State, its officers,or employees. 3. In the event the State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney's fees. 4. In the event of judgment against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request, and each party hereby waives its right to, a jury apportionment. Appendix(Rev. 1/19) DocuSign Envelope ID:9C374A52-372F-4FC8-9641-9BB51A72744A G. Financial Records 1. The Grantee shall retain for inspection all financial accounts, documents,and records for three(3)years from the expiration date of the Project Agreement, or three(3)years from the start of an audit engagement,whichever comes first, and until an audit started during the three (3)years is completed, a report published and any Audit findings are resolved and/or payment or other correction made with regard to any Audit findings contained in the final Audit report. 2. During regular office hours each party hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto. H. Use of Facilities 1. The Grantee shall,without cost to the State, except as may be otherwise provided in this Agreement or any other Grant agreement, operate and maintain the property acquired or developed pursuant to this Agreement in the manner of and according to the Off-Highway Motor Vehicle Recreation Act and any related regulations, or any other applicable provisions of law. 2. Use of the facilities shall comply with all applicable laws, including, but not limited to,the requirements for registration of all day use-vehicles with the Department of Motor Vehicles or identified under the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1993. I. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Agreement. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. J. Application Incorporation 1. The Application and any subsequent change or addition approved by the State is hereby incorporated in this Agreement as though set forth in full in this Agreement. K. Severability 1. If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. L. Governing Law 1. This Agreement shall be construed in accordance with and be governed by the laws of the State of California. Any legal action arising out of the terms of this Agreement shall take place in the county wherein the Project funded by this Agreement is located. If the Project is located in or among two or more counties,any legal action shall be taken in the county wherein the largest land area of the Project is located. 2. The Grantee shall comply with all Federal, State,and/or Local laws, regulations,ordinances and executive orders that are applicable during the performance period. Appendix(Rev. 1/19) FOR ACCOUNTING USE ONLY: Fund:0001 Subclass:10000 ORG:31116224 Account: 7205, 6300, 7415, 7025, 7385 Fund:0001 Subclass:10000 ORG:31116224 Account: 3575