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HomeMy WebLinkAboutAgreement A-22-530 with Parks and Recreation Division.pdf Agreement No.22-530 State of California—Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION DIVISION OF BOATING AND WATERWAYS GRANT AGREEMENT GRANTEE: Fresno County Sheriffs Office GRANT TITLE: Boating Safety and Enforcement Equipment Grant-FY 2022/23 GRANT NUMBER: C22LO605 GRANT AMOUNT: $150,000.00 GRANT AGREEMENT TERM:October 1,2022 through September 30,2029 GRANT PERFORMANCE PERIOD:October 1,2022 through March 31,2024. The Grantee agrees to the terms and conditions of this contract,hereinafter referred to as Agreement, and the State of California,acting through its Director of the Department of Parks and Recreation,and pursuant to the State of California agrees to fund the total state grant amount indicated below. The GRANTEE agrees to complete the SCOPE OF WORK as defined in the Agreement. The following are attached and made a part of and incorporated into this grant agreement: Exhibit A Grant Terms and Conditions, Exhibit B General Terms and Conditions, Exhibit C Contractor Certification Clauses, Exhibit D Doing Business with California, Exhibit E Darfur Contracting Act, Exhibit F Recycled Content Certification, and Exhibit G Scope of Work/Budget (Application). This grant award is funded by the Sport Fish Restoration and Boating Trust Fund, administered by California Department of Parks and Recreation, Division of Boating and Waterways.The Federal FY 22 award, 3322FAS21016 to California;$5,556,184. Grantee: Fresno County Sheriffs Office Agency: Department of Parks and Recreation Address: PO Box 1788,2200 Fresno St Division of Boating and Waterways Fresno,CA 937171788 ATTN: Johanna Naughton Name of Address: 4940 Lang Ave., Dock H, Authorized Administration,floor 12 Representative: Brian Pacheco McClellan,CA 95652 Title of Authorized Representative: Chairman Authorized Signature: Au t oriz d�Sign'ature: Printed Name: Keren Dill Title: Staff Services Manager II Date: —.217'.2 ;L Date: 7,Z ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By �¢r'z = Deputy Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022123.Date:09/27/2022 Page:1 of 54 CERTIFICATE OF FUNDING (FOR STATE USE ONLY) GRANTEE: Fresno County Sheriffs Office THE TERM OF THIS AGREEMENT IS: October 1, 2022 through September 30,2029 GRANT TITLE: LAW ENFORCEMENT EQUIPMENT GRANT PROGRAM GRANT NUMBER: C22LO605 PURCHASE ORDER NUMBER: CONTRACT NO AMENDMENT NO SUPPLIER ID PROJECT NO C22LO605 �0000002932 1379065600200 AMOUNT FUND DESCRIPTION AGENCY BILLING CODE NO ENCUMBERED BY Federal Trust Fund#0890 053706 THIS DOCUMENT $150,000.00 REPORTING ITEM CHAPTER STATUTE FISCAL YEAR STRUCTURE 3790-101-0890 43 22 2022/23 37900706 BUSINESS UNIT INDEX OBJECT CODE ACTIVITY CODE ACCOUNT 3790 ��1706 1702 168713 15432000 Name of Project Representative: �. , Phone: (,®m Email: f9ew'. �+4G`CV+ � S1nOS -vim• D�� Contract#C221-0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:2 of 54 BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANT AGREEMENT Fresno County Sheriff's Office C22LO605 -t State of California Department of Parks and Recreation Division of Boating and Waterways Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:3 of 54 INDEX DESCRIPTION PAGE EXHIBIT A GRANT TERMS AND CONDITIONS 1. DEFINITIONS ................................................................................................................. 5 2. GENERAL ...................................................................................................................... 5 3. PAYMENT PROVISIONS AND DISBURSEMENT OF GRANT ....................................... 6 4.EQUIPMENT/PATROL BOAT OWNERSHIP ................................................................... 7 5. OPERATION AND MAINTENANCE OF EQUIPMENT/PATROL BOAT .......................... 7 6. TERMINATION OF GRANT AGREEMENT ..................................................................... 8 7. REVERSION OF EQUIPMENT/PATROL BOAT TO DEPARTMENT .............................. 8 8. LIABILITY ..........:.............................................................................................................. 9 9. WAIVER OF RIGHTS ..................................................................................................... 9 10. REMEDIES NOT EXCLUSIVE ........................................................................................ 9 11. OPINIONS AND DETERMINATIONS .............................................................................. 9 12. PROCUREMENT PROCEDURES ................................................................................... 9 13. DISPOSITION OF EQUIPMENT/PATROL BOAT ............................................................ 10 14. DISPOSITION OF PROCEEDS FROM SALE OF EQUIPMENT INSTALLED AND 10 PARTIALLY FUNDED EQUIPMENT ..................................................................... 15. FEDERAL TERMS, CONDITIONS AND REGULATIONS ................................................. 10 16. COMPLIANCE WITH LAW, REGULATION AND POLICY ................................................. 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:4 of 54 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. 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. The funding available in this GRANT 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 FIFTEEN [15] YEARS for PATROL BOATS and all registered vessels and SEVEN (7) YEARS for all other EQUIPMENT valued at $5,000 or less 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:5 of 54 D. EQUIPMENT/PATROL BOAT purchase shall be completed prior to 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. Failure by the GRANTEEE to comply with the terms of any Department of Parks and Recreation grant agreement may jeopardize the grantee's ability to be awarded funding in future grant opportunities offered by the Department of Parks and Recreation. J. Subvention agencies: GRANTEES participating in the DEPARTMENT'S Subvention Financial Aid Program acknowledge and certify that failure to fully spend subvention funding in the prior fiscal year will negatively impact the DEPARTMENT'S consideration of future grant applications from your agency 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 (15 years for registered vessels or 7 years for any equipment valued at$5,000 or less). 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 and Department 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 for reimbursement • GRANT AGREEMENT number • Statement of acceptance of the vessel or equipment and certification of meeting DBW's approved specifications Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:6 of 54 • Certification that you complied with all procurement procedures outlined this agreement; • Name of payee and address where payment is to be sent • Location of performance (where the equipment will be used) • 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 (DMV) proof showing the DEPARTMENT as the legal owner and GRANTEE as the registered owner • Certificate of Origin for all PATROL BOATS and trailers. B. GRANTEE shall request grant reimbursements no later than March 31, 2024 by mailing one (1) complete reimbursement request package to: For FedEX, UPS and other overnight mail: Division of Boating and Waterways Attn: BSEE Grant Manager 4940 Lang Avenue Dock H McClellan, CA 95652 For United States Post Office (USPS) mail: Division of Boating and Waterways Attn: BSEE Grant Manager P.O. Box 942896, Administration, Floor 12 Sacramento, CA 94296 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 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:7 of 54 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 PATROL BOAT for fifteen (15) years and EQUIPMENT for seven (7) 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 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). 6. 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' Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:8 of 54 notice in the event grant funds are not appropriated or amend the GRANT AGREEMENT to reflect any unexpected reduction of grant funds. 7. 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 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:9 of 54 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. B. 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. B. 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 10 of 54 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), Office of Fleet and Asset Management (OFAM) for sale at auction. Prior to delivering equipment to DGS, GRANTEE must receive approval from the DEPARTMENT to request that DGS complete an OFAM6 Form. Once DGS has completed the OFAM6, 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 Form 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" Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 11 of 54 shall be understood to be "DEPARTMENT' and "Award" shall be understood to be "GRANT'. GRANTEES are subject and must adhere to the provisions set forth in the 2020 DHS Standard Terms and Conditions which are available online at: https://www.dhs.gov/sites/default/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-volt/pdf/CFR-2014- title2-volt-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 4712. 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 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 12 of 54 employment, without regard to their race, color, religion, sex, sexual 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 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 13 of 54 of the United States. 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 II, 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. 11. 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 14 of 54 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 15 of 54 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 16 of 54 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 17 of 54 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page: 18 of 54 ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors EXHIBIT C County of Fresno,State of California CERTIFICATION By Deputy 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) Federal ID Number Fresno County Sheriffs Office By Authorized Signature: Printed Name and Title of Person Signing Brian Pacheco, Chairman Date Executed Executed in the County of it-v2 2 Fresno GRANTEE CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f)and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. 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, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization'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 policy statement;and, 2) agree to abide by the terms of the company's statement as a condition 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 within 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 legal services during each year of the agreement equal to the lessor of 30 multiplied by the Contract#C22L0605,Fresno County Sheriff's Office,Boating Safety and Enforcement Equipment Grant-FY 2022123,Date:09/27/2022 Page:19 of 54 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:20 of 54 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:21 of 54 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 of federal 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:22 of 54 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 10475. 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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:23 of 54 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 PA-fjAGRAPH#3 INITIALED AND CERTIFIED. 1. W 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. OR 2. 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 3. 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 10476. CERTIFICATION For#3. I,the official named below,CERTIFY UNDER PENALTY 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 Fresno County Sheriffs Office 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 Contract#C22L0605,Fresno County Sheriff's Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:24 of 54 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 required 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 PENALTY 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 Date Executed Brian Pacheco, Chairman t( —a01 — oZ Z Authorized Signature Executed in the County of L '� L Fresno Title Telephone Number Chairman Legal Business Name Federal ID Number Fresno County Sheriffs Office 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 contract meets 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. ATTEST: BERNICE E.SEIDEL Clerk of the Board of Supervisors County of Fresno,State of California By r _Deputy Contract#C221_0605,Fresno County Shehfrs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:25 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION General 1 Applicant Information a. Applicant Name Fresno County Sheriffs Office b. Organizational Unit C. Address PO Box 1788 d. Address 2 2200 Fresno St e. City Fresno State CA Zip 93717-1788 f. Federal ID Number 94-6000512 DUNS 0000002932 Unique Entity Id. Number: g. Agency Type r City (: County r State Agency r District Other Public Agency 2 Project Information a. Project Name Remotely Operated Vehicle, Towable Side Scan Sonar b. Is implementing agency same as Applicant (o Yes r No C. Implementing Agency Name d. Project Start Date Oct-01-2022 End Date Mar-31-2024 e. Amount of Funds Requested $150,000.00 Project Cost $150,000.00 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:26 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 3 Contacts a. Project Administrator Name Jeffrey Stricker Title Sergeant Mailing Address 2200 Fresno St. City Fresno State CA Zip 93721 Telephone (559)600-8166 Fax E-mail Address jeffrey.stricker@fresnosheriff.org Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:27 of 54 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 34160_0_434_FSO Documents'area. 0 DEM etter ot Intent.pdt 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 34162_0_873_SAM available in the'Show Documents'area) egis ra ion.p cit 1 a. Do you have an active Boating Safety/Boating Law Enforcement Patrol? (: Yes r" No 1 b. What training and/or authorization does your California Harbor and Navigation Cove Section 663 authorizes agency have to perform boating safety and our agency to stop and inspect vessels within Fresno County. boating law enforcement in your jurisdiction? California Harbor and Navigation Code Section 663.7(a)further (max. 1024 characters) 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 regulations of boating within the State. 1 C. Do you certify that you know you are required to submit all boating accidents as f:' Yes r' No 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. 1 d. Are you in good standing and up to date with all State Parks grant programs and (: Yes r' No reporting requirements? If you responded 'No'to 1 d, please provide an explanation Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:28 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 1. California State Senate Districts 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). r State Senate 01 i— State Senate 02 r State Senate 03 r State Senate 04 r State Senate 05 r State Senate 06 r State Senate 07 r State Senate 08 r State Senate 09 r State Senate 10 r State Senate 11 r State Senate 12 r State Senate 13 r State Senate 14 r State Senate 15 State Senate 16 r State Senate 17 r State Senate 18 r State Senate 19 r State Senate 20 r State Senate 21 r State Senate 22 r State Senate 23 r State Senate 24 r State Senate 25 r State Senate 26 r State Senate 27 r State Senate 28 r State Senate 29 r State Senate 30 r State Senate 31 r State Senate 32 r State Senate 33 r State Senate 34 r State Senate 35 r State Senate 36 r State Senate 37 r State Senate 38 r State Senate 39 r State Senate 40 2. 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). r State Assembly 01 r State Assembly 02 r State Assembly 03 r State Assembly 04 r State Assembly 05 r State Assembly 06 r State Assembly 07 r State Assembly 08 r State Assembly 09 r State Assembly 10 r State Assembly 11 r State Assembly 12 r State Assembly 13 r State Assembly 14 r State Assembly 15 r State Assembly 16 r State Assembly 17 r State Assembly 18 r State Assembly 19 r State Assembly 20 r State Assembly 21 r State Assembly 22 State Assembly 23 r State Assembly 24 r State Assembly 25 r State Assembly 26 r State Assembly 27 r State Assembly 28 r State Assembly 29 r State Assembly 30 State Assembly 31 r State Assembly 32 r State Assembly 33 r State Assembly 34 r State Assembly 35 r State Assembly 36 r State Assembly 37 r State Assembly 38 r State Assembly 39 r State Assembly 40 r State Assembly 41 r State Assembly 42 r State Assembly 43 r State Assembly 44 r State Assembly 45 r State Assembly 46 r State Assembly 47 r State Assembly 48 r State Assembly 49 r State Assembly 50 r State Assembly 51 r State Assembly 52 r State Assembly 53 r State Assembly 54 r State Assembly 55 r State Assembly 56 r State Assembly 57 r State Assembly 58 r State Assembly 59 r State Assembly 60 r State Assembly 61 r State Assembly 62 r State Assembly 63 r State Assembly 64 r State Assembly 65 r State Assembly 66 r State Assembly 67 r State Assembly 68 r State Assembly 69 r State Assembly 70 r State Assembly 71 r State Assembly 72 r State Assembly 73 r State Assembly 74 r State Assembly 75 r State Assembly 76 r State Assembly 77 r State Assembly 78 r State Assembly 79 r State Assembly 80 3. 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). r Congressional District 1 r Congressional District 2 r Congressional District 3 Congressional District 4 r Congressional District 5 r Congressional District 6 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:29 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION r Congressional District 7 r Congressional District 8 r Congressional District 9 r Congressional District 10 r Congressional District 11 r Congressional District 12 r Congressional District 13 r Congressional District 14 r Congressional District 15 Congressional District 16 r Congressional District 17 r Congressional District 18 r Congressional District 19 r Congressional District 20 Congressional District 21 Congressional District 22 r Congressional District 23 r Congressional District 24 r Congressional District 25 r Congressional District 26 r Congressional District 27 F-Congressional District 28 r Congressional District 29 r Congressional District 30 r Congressional District 31 r Congressional District 32 r Congressional District 33 r Congressional District 34 r Congressional District 35 r Congressional District 36 r Congressional District 37 r Congressional District 38 r Congressional District 39 r Congressional District 40 r Congressional District 41 r Congressional District 42 r Congressional District 43 r Congressional District 44 r Congressional District 45 r Congressional District 46 r Congressional District 47 r Congressional District 48 r Congressional District 49 r Congressional District 50 r Congressional District 51 r Congressional District 52 r Congressional District 53 4. County Select one or more of the California Counties where the proposed project activities will occur. r Alameda r Alpine r Amador r Butte r Calaveras r Colusa r Contra Costa r Del Norte r El Dorado P" Fresno r Glenn r Humboldt r Imperial r Inyo r Kern r Kings r Lake f Lassen r Los Angeles r Madera r Marin r Mariposa r Mendocino F- Merced r Modoc r Mono r Monterey r Napa r Nevada F- Orange r Placer r Plumas r Riverside r Sacramento r San Benito r San Bernardino r San Diego r San Francisco r San Joaquin r San Luis r San Mateo r Santa Barbara Obispo r Santa Clara r Santa Cruz r Shasta r Sierra r Siskiyou r Solano r Sonoma r Stanislaus r Sutter r Tehama r Trinity F-Tulare r Tuolumne r Ventura r Yolo r Yuba Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:30 of 54 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 3 you have? 2 b, Number of Part-Time Boating Safety and/or Boating Law Enforcement Officers do 10 you have? How many hours per year do they work? 10,400 Is this work seasonal or continuous? Continuous 3. Does your boating safety and enforcement unit have citation authority? Yes r No If YES, Code# PC 836(a) a. How many boating safety related citations did your agency issue last calendar 40 year? b. How many boating accidents did your agency respond to in the last calendar 15 year? C. How many BOATING safety related Search and Rescue missions did your 53 agency perform in the last calendar year? 4. Does your boating safety and enforcement unit have arrest authority? (: Yes r No If YES, Code# PC 836(a) How many boating related arrests did you conduct last calendar year? 7 5. How many outreach events with the general public did your agency participate in to 18 promote boating safety education last calendar year? Please list these events and describe how boating safety was promoted. 5a. What BOATING SAFETY information was Event Name Date of Event provided at this event? FSO Citizens Academy 5/5/2021 Boating/water safety presentation, CA Boater ID Card test booklets, boat display Brighten Academy First Responder 5/6/2021 Children's boating/water safety presentation and Appreciation Day boat display Kingsburg Swedish Parade 5/15/2021 Parade display with water safety announcement Woodward Park Hero Parade 9/11/2021 Parade display with water safety announcement Kingsburg First Baptist Kids Day 9/12/2021 Children's boating/water safety presentation and boat display Kerman Harvest Parade 9/18/2021 Parade display with water safety announcement Caruthers Fair Parade 10/2/2021 Parade display with water safety announcement Foothill Elementary School Red Ribbon 10/26/2021 Children's boating/water safety presentation and Week boat display San er Veterans Day Parade 11/6/2021 Parade display with water safety announcement Fresno Veterans Day Parade 11/11/2021 Parade display with water safety announcement Cub Scout Stampede 11/20/2021 Children's boating/water safety presentation and boat display Caruthers Christmas Parade 12/3/2021 Parade display with water safety announcement Kin sb rg Christmas Parade 12/4/2021 Parade display with water safety announcement Kingsburg First Baptist Church First 12/5/2021 Children's boating/water safety presentation and Responder Appreciation Day boat display Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:31 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Kerman Christmas Parade 12/11/2021 Parade display with water safety announcement Del Rey Christmas Parade 12/11/2021 Parade display with water safety announcement San Joaquin Christmas Parade 12/16/2021 Parade display with water safety announcement Mendota Christmas Parade 12/18/2021 Parade display with water safety announcement Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:32 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 6. Jurisdiction Table List All Waterbodies That Are In Your Jurisdiction and Fill in the Chart for Each How many hours/year is this Do you share waterbody jurisdiction Boating activities (fishing, patrolled by on this If shared jurisdiction, list other Waterbod Size area waters ports, addlecraft etc.) youragency waterbod agency(s) Kings River 31 miles Fishing, boating, rafting, paddle 2,720 Yes Kings County Sheriff sports, swimming Pine Flat Lake 9.3 sq. mi. Fishing, boating, paddle sports, 2,720 No swimming, sailing Shaver Lake 3.4 sq. mi. Fishing, boating, paddle sports, 2,720 No swimming,water sport events, sailing Huntington Lake 2.2 sq. mi. Fishing, boating, paddle sports, 240 No swimming, organized regattas, sailincl Wishon Reservoir 1.5 sq. mi. Fishing, boating, paddle sports 40 No Courtwright Reservoir 2.7 sq. mi. Fishing, boating, paddle sports 40 No San Joaquin River 73 miles Fishing, boating, rafting, paddle 120 Yes Madera County Sheriff sports, swimming, Redinger Lake 0.7 sq. mi Fishing, boating, paddle sports, 40 Yes Madera County Sheriff swimming Kerckhoff Reservoir 0.3 sq. mi Fishing, boating, paddle sports, 40 Yes Madera County Sheriff swimming Edison Lake 2.9 sq. mi. Fishing, boating, paddle sports 20 No Florence Lake 0.5 sq. mi Fishing, boating, paddle sports 20 No Avocado Lake 0.1 sq. mi. Fishing, boating, paddle sports, 20 No swimming Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:33 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Mendota Slough 2.1 sq. mi Fishing, boating, paddle sports, 20 No iswimming,waterfowl hunting Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:34 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 7. Top three BOATING safety issues This is a Federal Pass-Through `Recreational Boating Safety Grant'.The purpose of the grant is to promote boating safety and to decrease the number of accidents, injuries, and fatalities on U.S.waters. Clearly identify the top three BOATING safety issues that affect recreational boaters in your jurisdiction and describe how the requested grant will address these issues.Your answer to this question will be referenced throughout this grant application. In Fresno County we have identified the following issues as our major safety concerns. First is an ignorance of boating laws and water safety. Fresno County has seven different lakes that offer boaters the opportunity to rent vessels. On just Shaver lake there are about 250 vessels available for the public to rent. For the first time in our county's history, we have reached a population of over one million people, and we have seen a steep increase in vacationers from throughout the state. We pride ourselves on working closely with the media to educate the public on boating laws. However, this vast number of rentals and the increase in our population has paralleled an increase in violations, rescues, and accident investigations. Secondly, there is an increase in search and recovery efforts. We respond to all drownings and medical emergencies that take place on or near the many waterways within Fresno County. Our county's fire and medical services do not have any vessels with which to respond to these medical emergencies. As such, they rely on us for subject location, recovery, triage, and transportation. With the vast depths and sizes of our lakes, we often rely on our aged equipment in these rescue/recovery efforts. Last, is the always present officer safety concerns. Our county's topography is very diverse. From fast flowing rivers to high elevation lakes, our operations are ever changing. On many occasions, we have had to send our divers and deputies into various treacherous situations. Rivers present many concerns from their fast flow to numerous strainers. River rescues require personnel to expose themselves to precarious and rapidly evolving situations. Furthermore, our lakes are at altitudes of over 8000ft and with depths of over 600ft. At these altitudes and depths, our divers are rendered inoperable. It is our belief that with this proposed equipment we will be able to address these issues. Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:35 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 8. Inventory List all patrol boats, PWCs and inflatables in your current inventory(Local and State owned) Is this a Is this boat boat that Is vessel used for How many currently was funded Is vessel anything else besides hours/year is What waterbodies is it being by a DBW operational patrolling. If so, Year Make CF Number this used? used on? sur lused? Grant? ? explain 1998 Woolridge CF 3950 XC 840 Kings River, San Joaquin No Yes Yes No River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir,Wishon Reservoir,Avocado Lake, Redinger Lake, Kerckhoff Reservoir, Florence Lake, Edison Lake 2000 Woolridge CF 4147 SC 840 Kings River, San Joaquin No Yes Yes No River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir,Wishon Reservoir,Avocado Lake, Redinger Lake, Kerckhoff Reservoir, Florence Lake, Edison Lake 2001 Jet Craft CF 4160 XC 840 Shaver Lake, Pine Flat Yes Yes Yes No Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2001 Chinook CF 4265 XC 80 Shaver Lake, Pine Flat No Yes Yes No Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2004 Design Concepts CF 4655 XC 840 Shaver Lake, Pine Flat lNo Yes Yes I No Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:36 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2006 Yamaha CF 4854 XC 150 Kings River, San Joaquin No Yes Yes No River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir, Wishon Reservoir,Avocado Lake, Redinger Lake, Kerckhoff Reservoir, Florence Lake, Edison Lake 2006 Yamaha CF 6651 XC 150 Kings River, San Joaquin No Yes Yes No River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir,Wishon Reservoir,Avocado Lake, Redinger Lake, Kerckhoff Reservoir, Florence Lake, Edison Lake 2008 Zodiac CF 5078 XC 40 Kings River, San Joaquin No Yes Yes No River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir,Wishon Reservoir,Avocado Lake, Redinger Lake, Kerckhoff Reservoir, Florence Lake, Edison Lake 2016 Rogue Jet CF 5717 XC 840 Shaver Lake, Pine Flat No Yes Yes No Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2017 Rogue Jet CF 5770 XC 840 Shaver Lake, Pine Flat No Yes Yes No Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:37 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir 2021 Rogue Jet CF 6030 XC 840 Shaver Lake, Pine Flat No Yes Yes No Lake, Huntington Lake, Courtright Reservoir, Wishon Reservoir Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:38 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 9. Project Type Are you requesting a new Patrol Boat/PWC or Misc. Equipment.? r New Patrol Boat/PWC-see definition below r'7 Equipment/Repairs NOTE:A "Patrol Boat'is defined as A Department approved, registered vessel(with or without trailer and/or outboard motor)purchased for use in boating safety and law enforcement activities."VERIFY THAT YOUR REQUEST IS CORRECTLY CLASSIFIED. Failure to correctly classify may result in disqualification of your grant application. "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#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:39 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Patrol Boat Instructions PLEASE READ THE FOLLOWING CAREFULLY ENTER INFORMATION IN THIS SECTION ONLY IF YOU SELECTED 'PATROL'AS A PROPOSAL TYPE IF YOU DID NOT SELECT'PATROL BOAT'AS A PROPOSAL TYPE, CLICK ON THE NEXT TAB TO NAVIGATE TO THE NEXT SECTION 10. Describe what you are requesting. You may request only FIVE ITEMS TOTAL(patrol boat and equipment).You may group"like items". "Like items"are related items that work together. You need one to work with the other. Examples of"like items"include a 'patrol boat and a trailer' or'dive masks and dive suits'." List specific items that are in the Item Cost Quantity Total Priority grouped'like'items Patrol boat and trailer 141,808.00 1.00 141,808 Third Patrol boat and trailer TOTAL 141,808 10 a. Describe exactly what you are requesting and how this equipment will help mitigate the boating safety issues you identified in Question 7. The vessel we are requesting to replace is a 2004 21'0" Design Concepts, aluminum hull, patrol boat with a 350ci V8 inboard/outboard motor.This vessel currently has over 2,900 hours and in the last five years of use, has accumulated over$24,000 in repairs and service.These repairs are significant and have caused the vessel to be out of service for long periods of time. The Fresno Sheriff's Office is requesting to purchase a 24'center console, aluminum hull, patrol vessel with a 300 HP outboard motor.This vessel will be equipped with Code 3 equipment and a marine VHF radio.The Sheriffs Office will pay to have the marine navigation and FLIR equipment from the vessel this is replacing transferred to the new vessel in an effort to reduce costs. The size and layout of this vessel is ideal for the lakes in Fresno County. It is small enough to reduce cost and be easily maneuverable but large enough to tow vessels and transport a number of people, including an injured person on a backboard. The marine navigation and FLIR capabilities will be crucial while searching for missing or stranded boaters. Frequently these calls for service occur during darkness and this equipment will assist in their expedited discovery. Over the last five years the Sheriff's Office assisted an average of 117 vessels per year. In addition to the boater and water safety education the Fresno County Sheriff's Office provides,we have found that enforcement mitigates the safety issues caused by unsafe boaters and the public operating rental boats. During the last five years,the Sheriffs Office averaged about 1150 vessel inspections, 77 cites/arrests, and gave 1533 warnings per year. This new reliable vessel will greatly increase our ability to use proactive efforts to reduce safety issues through continued enforcement. 10 b. Describe any negative impacts to boating safety and/or boating enforcement if you do not get this grant. Without this grant we will continue to use a vessel that is unreliable and frequently breaks down, often leaving deputies stranded on the lake. Last summer this boat completely lost power on the water several times. One of those times was while responding to assist a disabled vessel. Every time the patrol vessel breaks down it takes another patrol boat out of service for several hour as it tows the inoperable vessel to the ramp.We then have one less patrol vessel to conduct rescue and enforcement activities with, until it is repaired. Fresno County frequently has thousands of people recreating on any of the nine lakes that boaters use.We have five patrol vessels designed for use on these waterways. Without this grant we will continue to use a vessel that is Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:40 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION grossly unreliable and extremely expensive to maintain.The almost certain continued down time from unexpected repairs will delay our ability to respond to boating accidents, injured persons, and enforce boating laws. 10 c. Classify this request by choosing one of the following options and present a strong justification for the request. Classify this request by choosing one of the following options. r "Critical"(operations would cease without it) "Increased efficiency"(if it would save staff time, identify how much time) [75%] 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) Justify your classification of this request. (max. 300 characters) The vessel we are requesting to replace is a 2004 aluminum patrol boat. This vessel currently has over 2,900 hours and in the last five years of use has accumulated over$24,000 in repairs. These repairs are significant and have caused the vessel to be out of service for long periods of time. Last year the vessel was out of service for about 25%of the operational period due to unexpected repairs. This caused a great deal of strain to patrol and water rescue operations by decreasing coverage of Fresno County's waterways and made responses to rescue operations more difficult with the extended periods of time this vessel was out of service. With the number of boaters on Fresno County's waterways rapidly increasing it is imperative we have reliable vessels for patrol and responding to emergencies. Percentage of time on the water this vessel will be used for: Activity Percentage Boating Safety Activities 80.00 Search and Rescue Activities 20.00 Other Activities TOTAL 100.00 List any other activities this vessel will be used for: None. 10 d. If you are not awarded your full request,would your agency be able to supplement r Yes f: No the difference? If yes,what percentage can you supplement? 10 e. How and why did you select this particular vessel? Explain if this is a standard patrol boat 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. If awarded this grant,this would be the fifth vessel of this platform that we have purchased. We selected this vessel because Rogue Jet Boatworks built our prior four vessels and they were by far the lowest price compared to their competitors.We are very pleased with the quality, performance, and reliability of our four Rogue Jet boats. Continuing with this same platform and builder will provide us with equipment that we already know fits our needs. This platform is standard for the waterways in Fresno County and it is used by other agencies throughout the state. After receiving bids from other vendors,we are not aware of any less expensive models that meet our speciation's. We have done everything we can to reduce costs, including planning on transferring navigation and FLIR equipment from the vessel being replaced to the new vessel. Unfortunately,the waterways of Fresno County are all inland waterways that do not connect with the ocean and we therefore do not have any ports or harbors that would allow our agency to apply for Federal Homeland Security Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:41 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION maritime assistance. This Boating Safety and Enforcement Equipment Grant is the only grant we have located that applies to our unit and provides extra funding for specialized equipment. Our agency has a limited budget and is reluctant to put forth additional funding when supplemental funding is already being used to make up the difference between what is spent on water related patrol activities and that which is provided by State subvention funds. 10 f. Patrol Boat-Informational 10 f. What body(s)of water will this boat be used on? Shaver Lake, Pine Flat Lake, Huntington Lake,Wishon Reservoir, Courtright Lake 10 g. How many hours per month on average will this Vessel be used for Boating Safety Enforcement? May through September 760 October through April 80 10 h. Will this vessel be used for anything besides Recreational Boating Safety r Yes (. No Enforcement(ie. Junior lifeguard, swimming rescues, enforcing commercial activities, etc.)? If YES, complete the table below. Hours per month on average this vessel List Other Activity(NOT BOATING RELATED will be used for other ACTIVITY) Activity 10 i. Upload boat/trailer specifications for review.The Specification Guidelines are in the 34233_0_498_Center Show Documents'area.You cannot proceed without attaching specs. Console oaPecs w- o Nav Electronics.doc 10 j. Estimate the cost of the patrol boat and trailer 141,808 10 k. Attach two quotes. If you cannot provide a quote now, you must provide if you are awarded a grant. Name Attachment Rogue Coastal Quote 34237_0_657_Fr esnobheriff- 2023 uo e.xlS North River Osprey 34237_1_346_Fr esno Co 23�sprey T- f- 10 I. Will this replace an existing boat? (o Yes r^ No Year, make and CF#of boat being replaced. 2004 Design Concepts CF 4655 XC 10 m. Has the vessel being replaced ever had it's engine or electronics replaced? f: Yes r No If yes, how many times? Explain. (max. 1024 characters) The vessels motor was rebuilt in August of 2018 at 2540 hours. The vessel was equipped with state of the art Simrad marine navigation equipment and FUR camera in April of 2018. Prior to this deputies used a basic fish finder for navigation and monitoring waterway depth. 10 n. Explain why you are not requesting a repower of this vessel. (max. 1024 characters) We are requesting the purchase of a new patrol boat instead of a repower due to the overall condition of the vessel being in poor to moderate condition. The motor has approximately 400 hours since it has been rebuilt, which is close to half the life of a rebuilt motor. Additionally the interior of the vessel needs to be overhauled and Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:42 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION updated with current equipment. We have determined the cost to repair and update the vessel would be that of approximately half the cost of a new patrol boat. Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:43 of 54 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 WISC. 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 request only FIVE ITEMS TOTAL(patrol boat and equipment).You may group"like items". "Like items"are related items that work together.You need one to work with the other. Examples of"like items"include a 'patrol boat and a trailer'or'dive masks and dive suits'." NOTE: Do not ask for supplies(ie: rope,water bottles, cleaning supplies, hardware).These are supplies and WILL NOT BE CONSIDERED. Item Cost Quantity Total Priority Comments Remotely Operated 110,363.00 1.00 110,363 First Vehicle ROV Towable Side Scan 47,060.00 1.00 47,060 Second Sonar TOTAL 1 157,423 Misc. Equipment Items Questions(Remotely Operated Vehicle (ROV)) 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) The Fresno County Sheriff's Office is currently seeking to purchase a Remotely Operated Vehicle (ROV) to expand our underwater search and recovery capabilities. We have identified the Deep Trekker Revolution ROV as the best ROV for our agency. Fresno County spans over 6000 square miles with 53 square miles of lake surface and 129 square miles of navigable river. This makes up a total of 10 major lakes and 2 major river ways. Our boating enforcement unit is charged with patrol and rescue/recovery operations on these waterways. One unique problem posed to our County is the altitudes and depths of our lakes. Our furthermost lake has an altitude of 8196 ft. of elevation and our deepest lake reaches a depth of over 600 ft. During the summer of 2021 we conducted a 12 day search for a subject who had fallen off a vessel. While conducting our search. we discovered a large canopy of trees hundreds of feet below the water line. Due to the depths and location of the trees we were unable to effectively perform a search with the equipment we possessed. Moreover, the obstacles posed by the trees/branches rendered our divers ineffective due to officer safety concerns. We Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:44 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION determined we were ill-equipped to handle this search, and requested assistance from allied agencies. Other agencies assisted through the use of their ROVs and towable side-scans (towfish). The towfish was able to provide a clear picture of the lake bed and allowed us to identify points of interest (POI). Because the ROV did not have to contend with the depths and obstacles posed by the canopy of trees it was used to check the POls. If we had an ROV we would have been able to quickly search the area all while keeping our personnel safe from the conditions. An ROV would not only expand our operational capabilities but would also allow us to effectively conduct operations at these heights and depths. From 2021 to 2022 we have already identified numerous instances in which an ROV would have been utilized. 11 c. Describe any negative impacts to boating safety and/or boating enforcement if you do not get this grant. Without this equipment we would continue to act in the limited capacity which we have been.As our population and calls for service increase our fear is, we will not be able to effectively handle this increase in calls.This has and will continue to compromise our ability to conduct thorough recovery operations, investigate vessel accidents, and recovery evidence. 11 d. Classify this request Classify this request by choosing one of the following options and present a strong justification for the request f "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) Justify your classification of this request. (max. 300 characters) We currently do not possess equipment with any capabilities remotely similar to that of an ROV. We feel that this piece of equipment is greatly needed to address the rising concerns within our county.This ROV would immediately be used and would dramatically increase our agencies abilities. Percentage of time on the water this equipment will be used for: Activity Percentage Boating Safety Activities 40 Search and Rescue Activities 40 Other Activities 20 TOTAL 100.00 List any other activities this vessel will be used for: (max 300 characters) This remotely operated vehicle would also be used for searching canals and aqueducts for submerged vehicles related to traffic accidents and crime scene evidence. 11 e. If you are not awarded your full request,would your agency be r Yes f: No able to supplement the difference? Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:45 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION If yes,what percentage can you supplement? 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. In our previous operations we have recieved assistance from our neighboring agencies. However, they do not possess equipment that is effetive in our waterways, this has caused us to utilize agencies outside of our region. Furthermore, we are at the mercy of these agencies staffing; often times their assistance is limited due to staffing concerns. Working with these allied agencies has demonstrated the importance of training with their specific ROV. On a recent operation assisting deputies showed exceptional skill when utilizing their specific ROV platform. Borrowing this equipment is not an option because we are not familiar with their ROV, and lack the training and expertise to utilize this ROV. This ROV comes with a full training program from the manufacturer. This training coupled with planned in-house training would allow us to be as effective as the agencies we have previously partnered with. Lastly, no nearby agencies ROVs are effective at the depths of our lakes. 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 specific product after research and testing with multiple companies. We selected the Deep Trekker Revolution ROV. Recently we conducted a major recovery operation for a subject who had fallen off a boat. While searching we discovered a large canopy of trees hundreds of feet below the water line. We received assistance from agencies who utilized different platforms. Our search lasted 12 days and provided time to observe and test each unit. The Revolution stood out as the more effective ROV, especially its maneuverability. It easily navigated between the canopy of trees when others became tangled in the trees and required a diver to free. Furthermore, the Revolution has an effective sonar system which proved itself to be superior. The Revolution is user friendly which decreases man hours, fuel, and wear and tear on equipment. We determined the cheaper products offered by other vendors would be inadequate and the more expensive ROVs were not worth the extra investment. Misc. Equipment-Informational 11 h. What body(s)of water will this equipment be used on? Kings River, San Joaquin River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir,Wishon Reservoir,Avocado Lake, Redinger Lake, Kerckhoff Reservoir, Florence Lake, Edison Lake, and many other non-navigable aqueducts and canals. 11 i. How many hours per month on average will this equipment be used for Boating Safety Enforcement? Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:46 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION May through September 100 October through April 40 11 j. Will this equipment be used for anything besides Recreational Boating Safety Yes r No Enforcement(ie. Junior lifeguard, swimming rescues, enforcing commercial activities, etc.)? If YES, complete the table below Hours per month on average this List Other Activity(NOT BOATING RELATED equipment will be ACTIVITY) used for other Activity Canal searches for vehicles related to traffic 5 accidents Crime scene evidence 5 11 k. Select the PRIMARY purpose this equipment will be used for: Search and rescue Enforcement of state and local measures �^ Inspection of vessels Recovering drowned bodies r Supervising organized water events 11 I. If Search and Rescue is the primary purpose, list the activity(ie: recovery of drowned body)and the number of boating-related emergencies this equipment would have been used last year for that activity. Do not include NON-BOATING emergencies(ie: swimmers) NUMBER OF TIMES BOATING-RELATED ACTIVITY NEEDED LAST YEAR Search for evidence related to vessel accidents 6 Search and recovery of drowned bodies 1 4 Misc. Equipment Items Questions(Towable Side Scan Sonar) 11. Item Details 11 a. Is this equipment general all-purpose gear? NOTE: person-specific f: 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 is seeking to purchase a Klein Marine S4900 towable sidescan/sonar Towfish. We have selected this piece of equipment because we believe it will greatly benefit our rescue and recovery operations. As talked about earlier we have seen an increase in accidents as well as recovery operations. Currently we possess inadequate equipment to address these rising concerns in our various waterways. Throughout the past few years, we have had a multitude of operations where we have needed to locate both subjects and evidence. These searches have been greatly extended due to our improper equipment. Our waterways are murky and have very poor visibility. Unfortunately, Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:47 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION this greatly hinders the effectiveness of our divers. We have prioritized the ROV over this Towfish because we believe that will best addresses these problems. However, from experience we have learned that pairing a ROV with a Towfish provides optimal results. Pairing the two allows for the Towfish to search widespread areas and the ROV to conduct a targeted search of those areas. We believe that coupling these items together will allow for the most effective search and recovery operations. 11 c. Describe any negative impacts to boating safety and/or boating enforcement if you do not get this grant. We currently do not possess any equipment of this nature. Without this Towfish we would continue to operate in our extremely limited capacity. As fuel costs rise and staffing concerns affect our allied agencies, we fear our search efforts may not get the thorough attention they require. 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) (' "Increased efficiency"(if it would save staff time, identify how much time) [75%] 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) Justify your classification of this request. (max. 300 characters) We currently do not possess equipment with any capabilities similar to this towfish.We do not think this is equipment is critical because an ROV would be more effective overall. However,this towfish coupled with the ROV would make for an extremely effective system. Percentage of time on the water this equipment will be used for: Activity Percentage Boating Safety Activities 40 Search and Rescue Activities 40 Other Activities 20 TOTAL 100.00 List any other activities this vessel will be used for: (max 300 characters) This towable sonar would also be used for searching canals and aqueducts for submerged vehicles related to traffic accidents and documenting crime scene evidence. 11 e. If you are not awarded your full request,would your agency be r Yes f: No able to supplement the difference? If yes,what percentage can you supplement? 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. In past operations we have requested assistance from: Alameda County, Kern County, Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:48 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Butte County, Stanislaus County, Tulare County, and the US Coast Guard. However, we are at the mercy of these agencies staffing. We have run into multiple instances when these organizations have had to leave in the middle of an operation due to their agencies staffing abilities. Tulare and Kern Counties are the only agencies nearby with a similar piece of equipment. We have learned that equipment such as a towfish is rendered useless without proper training. These agencies have trained and practiced using their specific pieces of equipment. Without the same training, we would be unable to effectively utilize their equipment. Furthermore, our water ways present depths greater than those of our neighboring counties. Both Tulare and Kern Counties towfish can not handle these depths. 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 selected this specific model after speaking with a multitude of agencies. From contacting other agencies and utilizing connections with the California Boating Safety Officers Association,we learned this piece of equipment is the standard among the industry.After receiving this information,we also tested it ourselves. This Towfish was quality manufactured and possessed a scanner that exceeded that of our deepest water ways.We researched products offered by companies such as JW Fishers, but they were ineffective at the depths of our water ways. Misc. Equipment-Informational 11 h. What body(s)of water will this equipment be used on? Kings River, San Joaquin River, Mendota Slough, Shaver Lake, Pine Flat Lake, Courtright Reservoir,Wishon Reservoir,Avocado Lake, Redinger Lake, Kerckhoff Reservoir, Florence Lake, Edison Lake, and many other non-navigable aqueducts and canals. 11 i. How many hours per month on average will this equipment be used for Boating Safety Enforcement? May through September 60 October through April 15 11 j. Will this equipment be used for anything besides Recreational Boating Safety f:' Yes No Enforcement(ie. Junior lifeguard, swimming rescues, enforcing commercial activities, etc.)? If YES, complete the table below Hours per month on average this List Other Activity(NOT BOATING RELATED equipment will be ACTIVITY) used for other Activity Canal searches for vehicles related to traffic 5 accidents Crime scene evidence 5 11 k. Select the PRIMARY purpose this equipment will be used for: Search and rescue Enforcement of state and local measures Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:49 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION r Inspection of vessels r' Recovering drowned bodies r' Supervising organized water events 11 I. If Search and Rescue is the primary purpose, list the activity(ie: recovery of drowned body)and the number of boating-related emergencies this equipment would have been used last year for that activity. Do not include NON-BOATING emergencies(ie: swimmers) NUMBER OF TIMES BOATING-RELATED ACTIVITY NEEDED LAST YEAR Search for evidence related to vessel accidents 6 Search and recovery of drowned bodies 1 4 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:50 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION 12 Previous BSEE Grants FY 20/21 FY 19/20 FY 18/19 Did your agency apply for a BSEE grant? Yes Yes Yes Were you awarded a BSEE grant? (leave blank if Yes Yes No No) Amount awarded: (List amount or leave blank if 113,284 120,699 No or NA) Amount reimbursed: (List amount or leave blank if 113,284 120,699 No or NA) List the Equipment Purchased: (List (1)patrol boat (1)patrol boat leave blank if No or NA) (1)inflatable raft (8)swift water dry suit (3)repaint and re- decal patrol boats Boating Safety and Enforcement Income 13. Revenue and Expenditures Boat Tax Revenue 39,963.00 Other Revenue: a) Other local revenue sources: (Example: launching facilities, 0.00 campgrounds, parking, anything that goes toward marine patrol support) b) Any State boating funding sources, including DBW 566,048.00 subvention: TOTAL ANNUAL BOATING INCOME IN YOUR OPERATING 606,011.00 BUDGET TOTAL EXPENDITURES FOR BOATING SAFETY AND 1,029,284.00 ENFORCEMENT 14. If you participated in the subvention program,were all allocated (: Yes r No r NA funds expended in the previous closed year? If NO, state percentage of remaining funds. Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:51 of 54 Budget Detail for Boating Safety and Enforcement Equipment Grant- FY 2022/23 Agency: Fresno County Sheriffs Office Application: Remotely Operated Vehicle, Towable Side Scan Sonar, Patrol Boat Line Item Qty Rate I UOM Total Req Amount 1 Patrol Boat Patrol boat and trailer 1 0.0000 141808.000 EA 1 0.00 0.00 2 Equipment Remotely Operated Vehicle(ROV) 1.0000 110363.000 EA 110,363.00 110,363.00 Towable Side Scan Sonar 1.0000 39637.000 EA 39,637.00 39,637.00 Total for Equipment 1 150,000.001 150,000.00 3 Adjustment TOTAL EXPENDITURES 150,000.00 150,000.00 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:52 of 54 Budget Summary for Boating Safety and Enforcement Equipment Grant- FY 2022/23 Agency: Fresno County Sheriffs Office Application: Remotely Operated Vehicle, Towable Side Scan Sonar, Patrol Boat Category Total Req Amount Narrative 1 Patrol Boat 0.00 0.00 2 Equipment 150,000.00 150,000.00 3 Adjustment 0.00 0.00 TOTAL EXPENDITURES 150,000.00 150,000.00 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:53 of 54 Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION Applicant Certification a. W 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. b. I- I certify that I am the person authorized to submit this application on behalf of the applicant. Name: Jeff Stricker Title: Sergeant Date Signed: 04/27/202 2 Contract#C22L0605,Fresno County Sheriffs Office,Boating Safety and Enforcement Equipment Grant-FY 2022/23,Date:09/27/2022 Page:54 of 54 CERTIFICATE OF ADOPTION OF RESOLUTION AUTHORIZING CHAIRMAN AND SHERIFF'S OFFICE TO SIGN INSTRUMENTS The undersigned, Clerk of the Board of Supervisors of the County of Fresno, hereby certifies that the following resolution was adopted by said Board of Supervisors at a regular meeting duly convened on the 29th day of November, 2022: "WHEREAS, this Board has determined that the County of Fresno should execute an Agreement with the State of California Department of Parks and Recreation Division of Boating and Waterways and authorize the Sheriff, or her or his authorized representative to submit grant application and execute all applicable documents, bearing the date of October 1, 2022. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Fresno, State of California, that said instruments be, and are hereby executed on behalf of and in the name of said County of Fresno, and the Chairman of this Board and the Sheriff, or her or his authorized representative are hereby authorized and directed to sign their names thereto on behalf of said County." The undersigned further certifies that on the date last mentioned the persons who so signed said instruments were the duly authorized Chairman of said Board and Sheriff, or her or his authorized representative and that their signatures on said instruments are genuine. The undersigned further certifies that said resolution was adopted by the following vote: Ayes: Supervisors Brandau, Magsig, Mendes, Pacheco, Quintero Noes: None Absent: None Abstained: None Dated: November 29 2022 Brian Pacheco, Chairman of the Board of Supervisors of the County of Fresno ATTEST: Bernice E. Seidel Clerk of the Board of Supervisors County of Fresno, State of California By: — Deputy Ref: File #22-1097