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HomeMy WebLinkAboutAgreement A-16-190 with State of Californias Wildlife Conservation Board.pdf Agreement No. 16-190 CALIFORNIA WILDLIFE CONSERVATION BOARD GRANT AGREEMENT Between STATE OF CALIFORNIA, ! CONSERVATION COUNTY OF FRESNO and EXTENSIONSHAVER LAKE BOAT RAMP ! FRESNO COUNTY, CALIFORNIA State of California Natural Resources Agency Department ish and Wildlife Wildlife Conservation Board This a left blankintentionally. Shaver Lake Boat Ramp Extension and Shade Pavilions Page i Grant Agreement Number WC-1 549CA Project ID 2014105 GRANTEE: Name: County of Fresno Address: 2220 Tulare Street, 6th Floor, Fresno CA 93721 Attn.: John R. Thompson, Resources Division Manager Phone: (559) 600-3004 E-mail:jothompson@co.fresno.ca.us GRANTOR: Wildlife Conservation Board 1700 9th Street, 0 Floor Sacramento, California 95811 Attn.: Cynthia Alameda, State Representative Phone: (916) 445-1072 E-mail: cynthia.alameda@wildlife.ca.gov LANDOWNER: Name: Southern California Edison Company Address: 2425 S. Blackstone Street, Tulare CA 93274 Attn.: Cindy Calemmo, Project Manager Phone: (559) 685-3210 E-mail: cynthia.calemmo@sce.com Grant Agreement No.: WC-1549CA Board Approval Date: February 24, 2016 Projected Completion Date: December 31, 2017 Terms of Agreement: Capital Improvements, Notice to Proceed Date (_) through December 31, 2017 Management: Completion of Capital Improvements to February 23, 2041 Project Life: Twenty-five years Project ID: 2014105 FUNDING CERTIFICATION I hereby certify that (a)the following funds will be encumbered on behalf of Grantor; and(b) Grant Funds shali not be disbursed unless and until sufficient proceeds from the source identified below become available to Grantor to disburse. r,A,- A--Fiscal Officer ate: 0 Grant Amount: $409,000-00 Fund Source: California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Fund, Section 5096.650(a)(4) Appropriation Item: Chapter 875, Statutes of 2001 Line Item: 3640-801-6029 Expenditure Code: 15-1000-841-73000 Shaver Lake Boat Ramp Extension and Shade Pavilions Page I Grant Agreement Number WC-1549CA Project ID 2014105 t® SCOPE OF AGREEMENT Pursuant to the Wildlife Conservation Law of 1947, Chapter 4.0 of Division 2, (commencing with Section 1300) of the California Fish and Game Code; the California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Fund (Proposition 40), Public Resources Code Section 5096.650(a); and the approval granted by the Wildlife Conservation Board on February 24, 2016, the Wildlife Conservation Board (Grantor) hereby grants to the County of Fresno (Grantee), a sum not to exceed four hundred and nine thousand dollars ($409,000,00) (Grant Funds), upon and subject to the terms and conditions of this Grant Agreement (Agreement). 2. PURPOSES OF GRANT Grantor is entering into this Agreement, and the Grant Funds shall be used, only for the purpose of assisting Grantee with the project generally described as: extend the existing west ramp located at the Sierra Marina and Fresno County recreational facility by approximately 100 feet to provide two usable launch ramps when the lake is less than 75% capacity and install two ADA accessible shade pavilions adjacent to and east of both boat ramps and constructed to extend out over the water when the lake is at capacity (Project). The Property is generally shown on the attached Exhibit A - LOCATION MAP. The Southern California Edison Company is the land owner of the Property and the County of Fresno has entered into a lease for use of the project site through June 30, 2035. 3. CONDITIONS OF GRANT Grantor's obligation to disburse Grant Funds under this Agreement is conditioned upon and subject to the satisfactory completion of all of the following conditions: 3.1 Grantor shall have reviewed and approved all documents pertaining to the Project, including, without limitation, feasibility and planning studies, designs, plans, budgets, cost estimates, timelines and agreements. Such review and approval by Grantor will be for compliance with this Agreement as well as funding and other requirements applicable to Grantor, and shall not be unreasonably withheld. 3.2 Grantor shall have reviewed and approved a certified resolution or other appropriate action of the governing board or governing body of Grantee, authorizing the execution and performance of this Agreement and the carrying out of the Project by Grantee. 3.3 Grantee shall have disclosed all funding sources for the Project, including all amounts applied for or obtained from sources other than Grantor. These amounts shall be reflected in the attached Exhibit B — BUDGET (Budget) by Budget category. As between Grantor and Grantee, Grantee shall be responsible for any and all Project costs that exceed the amount of the Grant Shaver Lake Boat Ramp Extension and Shade Pavilions Page 2 Grant Agreement Number WC-1549CA Project ID 2014105 Funds provided under this Agreement. 3.4 The grant proposal shall have been approved by the Wildlife Conservation Board at a public meeting, this Agreement shall have been fully executed by Grantor and Grantee, and Grantee shall have received a written "Notice to Proceed" from Grantor. The approval of the grant proposal by the Wildlife Conservation Board, if such approval is given, shall not constitute authorization for the commencement of the Project or expenditure of Grant Funds. No expenditure made or activity initiated prior to Grantee's receipt of a written Notice to Proceed from Grantor will be eligible for reimbursement by Grantor. 4. DISBURSEMENTS 4.1 Upon satisfaction of all of the Conditions of Grant set forth in Section 3, above, and so long as Grantee is not in breach or default under this Agreement, Grantor agrees to disburse the Grant Funds to Grantee, in arrears, in installments as set forth in this Section 4. Disbursements shall be made not more frequently than monthly and disbursements of less than $5000.00 should be made not more frequently than quarterly. All disbursements shall be subject to the availability of funds for purposes of the Project as provided in Section 4.8. 4.2 Grantee shall request disbursement of Grant Funds by submitting a disbursement request to Grantor for approved budgeted work performed on the Project in accordance with Section 4.3. Disbursement shall be contingent upon approval of the disbursement request by Grantor. 4.3 The disbursement request must be submitted on Grantee's letterhead, signed by an authorized representative of Grantee, and include a written description of the work completed during the period of the disbursement request. Requests for disbursement must be itemized using the same categories included in the attached Budget. Exhibit C — DISBURSEMENT REQUEST TEMPLATE provides the format to use for submitting disbursement requests to Grantor. Each disbursement request shall contain supporting or back-up documentation for all amounts shown on the request, including receipts for all materials and supplies, all Grantee staff time shown by number of hours worked and hourly rate, and all contractor or sub-contractor services. 4.4 Grantor may withhold ten percent (10%) of the total approved amount from each disbursement (Retained Grant Funds) until Grantor has approved the completion of the Project, the final report required by Section 6.4, and the final request for disbursement. 4.5 Upon completion of Project activities, Grantee may request disbursement of the Retained Grant Funds. Grantee shall submit this request no later than Shaver Lake Boat Ramp Extension and Shade Pavilions Page 3 Grant Agreement Number WC-1549CA Project ID 2014105 thirty (30) days after the Projected Completion Date (as defined in Section 6.1). 4.6 Please submit disbursement requests electronically to Wildlife WCB Clerical at WCBClerical(@-wildlife.ca.gov and WCB Project Manager (cynthia.alameda@wildlife.ca.gov) with "Project ID 2014105 Invoice No. " in the subject line. Alternatively, hard copy requests for disbursement can be sent to: Wildlife Conservation Board 1416 9th Street, Room 1266 Sacramento, California 95814 Attn: Cynthia Alameda 4.7 Grantee shall reimburse Grantor for any erroneous disbursement of Grant Funds under this Agreement. Reimbursement shall occur within 30 days of written demand by Grantor. Interest shall accrue at the highest rate allowed by law from the time that reimbursement becomes due and owing until received by Grantor. 4.8 Despite any contrary provision of this Agreement, Grantor shall not be obligated to disburse any remaining unpaid portion of the Grant Funds unless and until sufficient funds identified for allocation to the Project (as further specified in the Funding Certification attached to this Agreement) are released by the State Treasurer's Office to Grantor for expenditure for this grant. No request for disbursement submitted prior to the release of such funds to Grantor shall be effective. 5. BUDGET The attached Budget is an estimate of the Grantee's anticipated costs for the Project and discloses all funding sources for the Project, including all amounts applied for or obtained from sources other than Grantor. Should the Budget not disclose all funding sources for the Project, Grantor may refer this grant to the Department of Finance for a Project audit. Grantee may seek additional funding from sources other than Grantor, with Grantor's approval, to cover cost increases or to reduce Grantor's cost share. Should Grantee obtain additional funds from sources other than Grantor, Grantee shall promptly notify Grantor of the amounts and sources of the additional funding and submit a proposed new budget reflecting any changes to Grantor for its approval. When actual Project costs indicate that the costs of certain Budget categories payable by Grantor are higher than estimated, and these higher costs are offset by lower costs in other Budget categories payable by Grantor, the Grantee may submit a written request to Grantor to shift funds between such Budget categories. Contingencies shall be used only upon written approval by Grantor. Grantor shall approve or deny a Shaver Lake Boat Ramp Extension and Shade Pavilions Page 4 Grant Agreement Number WC-1 549CA Project ID 2014105 requested Budget revision or use of contingencies in writing within 10 business days of receipt of Grantee's written request. 6. GRANTEE'S COVENANTS In consideration of this Agreement, Grantee hereby covenants and agrees as follows: 6.1. Grantee will complete or cause to be completed all Project activities in accordance with Grantee's proposed design and specifications submitted to Grantor, a copy of which is attached as Exhibit D -WORK PLAN and incorporated herein by this reference, on or before December 31, 2017 (Projected Completion Date), The Project will be considered complete when all Project activities have been completed and Grantor has approved the completion of the Project, the final report required by Section 6.4, and the final request for disbursement. 6.2 Grantee is responsible for obtaining all necessary permits and approvals for the Project (including its construction, management, monitoring, operation, use and maintenance), and complying with all federal, state and local statutes, laws, regulations, ordinances, orders and other governmental and quasi-governmental requirements that apply to the Project (including its construction, management, monitoring, operation, use and maintenance). 6.3 Grantee shall recognize the cooperative nature of the Project and shall provide credit to the Grantor on signs, demonstrations, promotional materials, advertisements, publications and exhibits prepared or approved by Grantee referencing the Project. Any sign installed on the Property referencing the Project shall be subject to the mutual agreement of Grantor, Grantee and Landowner regarding text, design and location and shall display the logo of Grantor. 6.4 Not later than 30 days following the completion of all Project activities Grantee will submit either five hard copies or one hard copy and one digital copy of a final report of accomplishments, including pre- and post- Project photographs and a final design or site plan of the Project, to Grantor. 6.5 Grantee shall ensure that the Property enhanced with funds provided by Grantor is operated, used and maintained throughout the Project Life consistent with the Purposes of Grant and in accordance with the long- term management plan for the Project attached as Exhibit E — MANAGEMENT PLAN. Grantee may contract with Landowner to manage the Project on behalf of Grantee, however, as between Grantor and Grantee such management will remain the responsibility of Grantee. Shaver Lake Boat Ramp Extension and Shade Pavilions Page 5 Grant Agreement Number PVC-1549CA Project ID 2014105 6.6 The Grantee shall cause the Landowner to permit Grantor, and their respective members, officers, employees, agents and representatives, to access the Property at least once every twelve months from the date of Grantor's Notice to Proceed through the end of the Project Life for purposes of inspections and monitoring. Such access shall be at times reasonably acceptable to the Landowner and the requester following written or verbal request to the Grantee. 7. BREACH AND REMEDIES 7.1 In the event of a breach of Grantee's obligations under this Agreement, Grantor shall give notice to Grantee describing the breach. if Grantee does not cure the breach described in the Grantor's notice within 90 days after the date of Grantor's notice (or, if the breach cannot reasonably be cured within 90 days, Grantee does not commence the cure within the 0- day period and diligently pursue it to completion), then Grantee shall be in default of this Agreement. 7.2 In the event of a default by Grantee before the Project is complete then, in addition to any and all other remedies available at law or in equity, Grantor may seek specific performance of this Agreement. Grantee agrees that specific performance is an appropriate remedy because the benefits to Grantor from Grantee's completion of the Project in accordance with this Agreement, as described in Section 2 (Purposes of Grant), are unique and damages would not adequately compensate Grantor for the loss of such benefits. 7.3 In the event of a default by Grantee, in addition to any and all other remedies available under this Agreement, at law or in equity, Grantor may require Grantee to reimburse the Grant Funds to Grantor in an amount determined by application of the following Reimbursement Formula: "Reimbursement Formula" Formula: Dollar amount of Grant Funds divided by Project Life, times the number of years remaining in the Project Life. Example: Grantor grants $50,000.00 to Grantee for the restoration and enhancement of wetland and riparian habitat, and the Project Life is 25 years. With 10.5 years remaining on the Project Life, the Grantee is in default under the Agreement. The reimbursement amount would be $21,000, calculated as follows: ($50,000.00 = 25 years) x 10.5 years = $21,000 Shaver Lake Boat Ramp Extension and Shade Pavilions Page 6 Grant Agreement Number WC-1549CA Project ID 2014105 Reimbursement shall be due from Grantee immediately upon written demand by Grantor. Interest shall accrue at the highest rate allowed by law from the time that the reimbursement becomes due until it is actually received by Grantor. 7.4 Any costs incurred by Grantor, where Grantor is the prevailing party, in enforcing the terms of this Agreement, including but not limited to costs of suit, attorneys' and experts' fees, at trial and on appeal, and costs of enforcing any judgment, shall be borne by Grantee. 7.5 Waiver of any breach or default by Grantee shall not be deemed to be a waiver of any subsequent breach or default, nor shall it constitute a modification of this Agreement. 8. ADDITIONAL TERMS AND CONDITIONS 8.1 Grantee Responsible for Project While the Grantor undertakes to assist the Grantee with the Project by providing a grant pursuant to this Agreement, the Project itself remains the sole responsibility of the Grantee. Grantor undertakes no responsibilities to the Grantee, the Landowner, or any third party, other than as expressly set out in this Agreement. The responsibility for implementing the Project is solely that of the Grantee, as is the responsibility for any claim or suit of any nature by any third party related in any way to the Project. 8.2 Contracts All agreements between Grantee and any third party related to the Project must be in writing and contain language that establishes the right of the auditors of the State of California to examine the records of the third party relative to the goods, services, equipment, materials, supplies or other assistance provided to Grantee for the Project. Grantee shall provide a complete copy of each agreement over $10,000.00 to Grantor prior to commencing work. 8.3 Indemnification To the fullest extent permitted by law, Grantee shall indemnify, protect, and hold harmless the Wildlife Conservation Board and the State of California, and their respective members, officers, agents, employees and representatives, from and against any and all claims, demands, damages, losses, costs (including attorneys' fees), expenses, and liability of any nature (Claims) arising out of or incident to the Project, Grantee's entry upon and use of the Property, and the performance of, or failure to observe or perform, any obligations of the Grantee under this Agreement. The obligations of Grantee under this Section 8.3 include, without limitation, Claims resulting from the generation, use, storage, disposal, Shaver Lake Boat Ramp Extension and Shade Pavilions Page 7 Grant Agreement Number WC-1549CA Project ID 2014105 release or threatened release of any hazardous or toxic substance, material or waste; petroleum or petroleum products and other substances that present a threat to human health or the environment. ® Amendment; ever flit This Agreement may be modified only by a written amendment signed by Grantor, Grantee and Landowner, No oral or written understanding or agreement not incorporated in this document shall be binding on the parties. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, that shall not affect any other provision of this Agreement or applications of the Agreement that can be given effect without the invalid provision or application. To this end the provisions of this Agreement are severable. 8.5 Independent Capacity of Grantee; Withholding and Payments Grantee, its members, officers, directors, employees, agents and representatives, is each acting in an independent capacity in entering into and carrying out this Agreement, and not as a partner, member, officer, agent, employee or representative of Grantor. Grantee is responsible for withholding and paying employment taxes, insurance and deductions of any kind required by federal, state or local laws. 8.6 No Assignment or Transfer This Agreement is not assignable or transferable by Grantee, either in whole or in part, without the prior written consent of Grantor which Grantor may grant or withhold in Grantor's discretion. 8.7 Accounting/Records/Audits Grantee shall maintain complete and accurate records of its actual Project costs, in accordance with generally accepted accounting principles and practices, and shall retain said records for at least three years after final disbursement by Grantor. During such time, Grantee shall make said records available (or cause them to be made available) to the State of California for inspection and audit purposes during normal business hours. Expenditures not documented, and expenditures not allowed under this Agreement or otherwise authorized in writing by Grantor shall be borne by Grantee. The audit shall be confined to those matters connected with this Agreement, including but not limited to administration and overhead costs. Shaver Lake Boat Ramp Extension and Shade Pavilions Page 8 Grant Agreement Number WC-I 549CA Project ID 2014105 8.8 Use of Grant Funds to Secure Additional Funding Grantee agrees that the funding provided under this Agreement shall not be used as matching funds for other grants, or to secure loans or other monetary awards without written approval from the Executive Director, Wildlife Conservation Board. Such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. 8.9 Termination or Suspension of Agreement At any time before Grantee has broken ground on the Project Grantor may terminate this Agreement for any reason by providing Grantee not less than 30 days written notice of termination. In addition, Grantor may suspend this Agreement at any time upon written notice to Grantee. In either case, Grantee shall immediately stop work under this Agreement and take all reasonable measures to prevent further costs to Grantor. The Grantor shall be responsible for reasonable and non-refundable obligations or expenses incurred by the Grantee under this Agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this Agreement. Any notice suspending work under this Agreement shall remain in effect until Grantor authorizes work to resume by giving further written notice to Grantee. 8.10 Resolution of Disputes The State Project Representative is identified on Page i of this Agreement. The State Project Representative has initial jurisdiction over each controversy arising under or in connection with the interpretation or performance of this Agreement or disbursement of Grant Funds. The Grantee will diligently pursue with the State Project Representative a mutually agreeable settlement of any such controversy. If the controversy cannot be resolved between Grantee and the State Project Representative, the Grantee must direct the grievance together with any evidence, in writing, to the Executive Director of the Wildlife Conservation Board. The grievance must state the issues in the dispute, the legal authority or other basis for the Grantee's position and the relief sought. The Executive Director or designee shall meet with a representative of the Grantee to review the issues. A written decision signed by the Executive Director or designee shall be returned to the Grantee within twenty (20) working days of the conclusion of this meeting. 8.11 Drug-Free Workplace Certification By signing this Agreement, Grantee hereby certifies under penalty of perjury Shaver Lake Boat Ramp Extension and Shade Pavilions Page 9 Grant Agreement Number WC-I 549CA Project ID 2014105 under the laws of the State of California that Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: 8.11.1 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, as required by Government Code Section 8355(a). 8.11.2 Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: a) the dangers of drug abuse in the workplace; b) the person's or organization's policy of maintaining a drug-free workplace; c) any available counseling, rehabilitation and employee assistance programs; and, d) penalties that may be imposed upon employees for drug abuse violations. 8.11.3 Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: a) will receive a copy of the company's drug-free policy statement; and, b) will agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of disbursements under this Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future state contracts if the Grantor determines that any of the following has occurred: (1) Grantee has made false certification, or (2) Grantee violates the certification by failing to carry out the requirements as noted above. ®1 Union Organizing By signing this Agreement the Grantee hereby acknowledges the applicability to this Agreement of Government Code Sections 16645 through 16649, and certifies that: 8.12.1 No state funds disbursed by this grant will be used to assist, promote or deter union organizing; 8.12.2 Grantee shall account for state funds disbursed for a specific expenditure Shaver Lake Boat Ramp Extension and Shade Pavilions Page 10 Grant Agreement Number WC-1549CA Project ID 2014105 by this grant, to show those funds were allocated to that expenditure; 8.12.3 Grantee shall, where state funds are not designated as described in 8.12.2 above, allocate, on a pro-rata basis, all disbursements that support the grant program; and 8.12.4 If Grantee makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. 8.13 Labor Code Requirements; Prevailing Wage State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain State grants administered by the California Wildlife Conservation Board and the California Department of Fish and Wildlife are not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. For more details, please refer to California Fish and Game Code Section 1501.5 and to the Department of Industrial Relations (DIR) website at http://www.dir.ca.gov. Grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project if required by law to do so. 8.14 Informational Products All informational products (e.g. data, studies, findings, management plans, manuals, photos etc.) relating to California's natural environment and produced with the use of public funds shall be cataloged in the California Geoportal (http://portal.gis.ca.gov/qeoportal/catalog/main/home.page), maintained by the California Department of Technology. 8.15 Non-Discrimination During the performance of this Agreement, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family- care leave, medical-care leave, or pregnancy-disability leave. Grantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. 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. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 (a-f) et Shaver Lake Boat Ramp Extension and Shade Pavilions Page 11 Grant Agreement Number WC-1549CA Project ID 2014105 seq.), and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated by reference into this Agreement. Grantee shall give written notice of its obligations under this non-d iscrim i nation clause to labor organizations with which Grantee has a collective bargaining or other agreement, and shall post in conspicuous places available to employees and applicants for employment, notice setting forth the provisions of this section. Grantee shall also include the nondiscrimination and compliance provisions of this Agreement in all contracts related to the Project. 9. NOTICE OF AGREEMENT The terms, conditions and restrictions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the Property for the Project Life. 10. AUTHORIZATION The signature of the Executive Director certifies that at the meeting of the Wildlife Conservation Board held February 24, 2016, the Board authorized the award of a grant of up to $409,000.00 to Grantee for the Project. 11. EFFECTIVENESS OF AGREEMENT This Agreement shall be deemed executed and effective when fully signed by authorized representative(s) of each of Grantor, Grantee and Landowner. Each party shall sign three original counterparts of this Agreement. Each fully executed counterpart shall be deemed an original. Grantee and Landowner(s) shall each receive one fully executed original and Grantor shall receive one fully executed original. 12. EXHIBITS Each of the Exhibits referenced in this Agreement is incorporated by reference as though set forth in full herein. The following Exhibits are attached to this Agreement: Exhibit A— Location Map Exhibit B — Budget Exhibit C — Disbursement Request Template Exhibit D —Work Plan Exhibit E — Management Plan Shaver Lake Boat Ramp Extension and Shade Pavilions Page 12 Grant Agreement Number WC-I 549CA Project ID 2014105 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement. GRANTOR STATE OF CALIFORNIA WILDLIFE CONSERVATION BOARD By: Date: --;o- nP. Donnelly Executive Director GRANTEE COUNTY OF FRESNO Date: ATTEST: Pirint Name:_ELneg_t_Buddy mendes BERNICE E.SEIDEL,Clerk Board of Supervisors Title: Board of SMper isors chairman n. Deputy By signing below, Landowner approves the Project and authorizes Grantee, its agents, employees, representatives, invitees, contractors, and subcontractors to enter on and use the Property for all purposes necessary or appropriate to carry out the Project and the obligations of Grantee under this Agreement. Landowner agrees to ensure that any activity on or use of the Property is consistent with the Purposes of Grant and the long- term management plan for the Project attached as Exhibit E - MANAGEMENT PLAN. LANDOWNER SOUTHERN CALIFORNIA EDISON COMPANY By: Date: Print Name: Title: REVIEWED AND RECOMMENDED FOR APPROVAL y: Berna•d Ji enez, Intgrim Director Department rkblic Works and Planning APPROVED AS TO LEGAL FORM Daniel C. Cederborg County Counsel By: 0�,_ ,7,sn�>� ep ty APPROVED AS TO ACCOUNTING FORM Vicki Crow, C.P.A Auditor-Controller/Treasurer-Tax Collector By: Deputy FOR ACCOUNTING USE ONLY Fund: 0001 Subclass: 10000 Org. No.: 7910 Account: 8150 Shaver Lake Boat Ramp Extension and Shade Pavilions Exhibit A Grant Agreement Number WC-1549CA Project 1D: 2014105 EXHIBIT A— LOCATION MAP Novntar ' if A0 44 -r- 1 ` # "1 11:11 ) -, , - Project' Site �► /*��` 1,WJ�V, ,5, V7, ' � �p,�. ,,.�.#». •wig, �irvlryLrkr ;C11* � '�a:.aer � • � ��• . ,HaJrmidn , rboAR.sr+ psaw N is:K• � -Awe "fit J _�.. --T— • �.Wn�ps^d � � r1' Shaver Lake Boat Ramp Extension and { Shade Pavilions 1 0 Fresno County1 iixu Shaver Lake Boat Ramp Extension and Shade Pavilions Exhibit B Grant Agreement Number WC-1549CA Project ID: 2014105 SHAVER LAKE BOAT RAMP EXTENSION AND SHADE PAVILIONS BUDGET WCBCount of Fresno Project Total En2ineering $ 5,000.00 $ 8,500.00 $ 13,500.00 Planning, Design & Permitting $ 20,000.00 $ 16,500.00 $ 36,500.00 Construction $ 384,000.00 $ 91,600.00 $ 475,600.00 Project Continge22y _. $ - $ 79,590.00 $ 79,590.00 Project Management $ - $ 5,000.00 $ 5,000.00 Total: $ 409,000.00 , $ 201,190.00 $ 610,190.00 U 'oa m a 0 !6 t6 G N o W a N a �j f6 E y O N � ® � m wmr w o 7 C ui m G - w c O y � N d w U E rxZ f6 > z m E I.= o o o Um a > c m Qom co o`_ w m� o G a m a ui a �y m w O O � 33 LU # E C d Ca Uy .a- OR w tu W g W @ > E �W d Q�y r-gfl N >. U m G. C1 t=B q_8 ® m Ow tlNi Q V m Ncli G N p T o a n a- cn cv�� m e `o ¢) v v o Et o. Z w msm„ Qi E c � ess co � m n c w c e a w U o w v k 6L O 2 w LU 't7 N .a C > W N a m o w cm O o a m > mcw ° �W Q� m° 4iu�cia c c) a° } r E ¢ c Ec s m m m Qc) ® u� p y maoa c� r o.� N c a c ca mrn $ w E E c m K� a O�0 'U j � co E° O �rom Z WN (OD'm o c W W z � ui �Q W+. Z GS ®. o :', N N N N N m G >' co c er ro- �- r m m m m w .2 r w m m o v V m ® e®J n. ", •a Q v v a = m ®- LU =p m �a eo efa m p � NCO V LO U_� - - E5 a n E ami m N di U) oO as mtie = OHO m V IL -- 'Q ®- ..d r 00. r W fV cai ��a Shaver Lake Boat Ramp Extension and Shade Pavilions Exhibit D Grant Agreement Number WC-1549CA Project ID 2014105 WORK PLAN The project includes the extension of the west boat launch ramp located at the Sierra Marina and Fresno County recreational facility. The east boat launch ramp is in excess of 500 feet and can be utilized even during low water years due to its length and invert elevation. The project will extend the existing west boat launch ramp, currently 120± feet in length, by an additional 100± feet in length to provide two usable launch ramps when the lake is less than 75% capacity. Rip rap will be placed along the side and at the end of this ramp extension. In addition, two shade pavilions adjacent to and east of both boat ramps will be constructed to extend out over the water when the lake is at capacity. Concept level designs, as shown below and cost estimates have been prepared for the grantee, County of Fresno (County), by the Shaver Lake Civic League (Civic League). The Civic League, through an agreement with the County, will be the responsible agent for contracting and development of the plans, specification and estimates, public bidding, award, construction administration and contractor payments. Project construction is estimated to begin in the spring of 2016 and be completed by fall 2017. Shade Pavilions j --. __•:_ ___. Ramp Extension i F i gLAW is Shaver Lake Boat Ramp Extension and Shade Pavilions Grant Agreement Number WC-I 549CA Project ID: 2014105 EXHIBIT E MANAGEMENT PLAN The grantee, for the management to of this agreement, which extends through February 23, 2041, shall ensure the boat launch ramp and shade pavilions and access to them are maintained in useable condition and are open to the public. The project improvements shall be used only for sport fishing or other wildlife- related or appropriate recreational activities. The grantee may use the premises for temporary or special purposes through agreement with the grantor. There shall be no restrictions to public ingress or egress during normal operation hours of the Sierra Marina and Fresno County recreational facility except when it is necessary to close the area during normal operation hours for maintenance, repair, public safety, security, or for protection of the structure or facilities. Operator shall notify State within 48 hours of making such closures. MAINTENANCE AND OPERATION 1. MAINTENANCE: Operator shall provide all normal project maintenance and operation of the improvements funded by this grant and the project area for and in accordance with the purposes expressed and, except for occurrences beyond the control of the Operator, or "Acts of God", shall make all reasonable and necessary repairs, replace broken, damaged or worn structural components or fixtures so as to keep the structures and facilities in a safe usable condition, and perform housekeeping operations as required so as to keep the premises and improvements clean, attractive, and free of accumulations of litter, garbage, or debris. Equipment and materials not needed for routine maintenance operations shall not be stored or stockpiled on the premises. 2. ADDITIONAL IMPROVEMENTS: Except as provided by separate Shaver Lake Boat Ramp Extension and Shade Pavilions Grant Agreement Number WC-I 549CA Project ID: 2014105 agreement as herein above described, Grantor shall not be obligated to make or cause to be made any further developments, or to make improvements or repairs to any structures or facilities within the Project area. However, Operator may at its own cost place or construct on the premises any structures, alterations or improvements in addition to those set forth and described herein as the Project, provided that they: (a) are in accord with the purposes herein set forth; (b) are constructed, maintained and operated for the use, enjoyment, service and protection of the public; (c) do not directly or indirectly reduce, restrict or interfere with the primary purposes of the Project; and (d) have the prior written approval of the State. Any improvements made and installed on the premises at Operator's cost shall be and remain the property of Operator. 3. CONCESSIONS: Operator may enter into agreements with others to provide services, conveniences or facilities to complement the Project improvements provided that: (a) the purpose of any such agreement is consistent with the purposes and uses described herein; (b) any revenues received by Operator from such concession agreements are deposited in a special account identified with the Project and are used solely for operation and maintenance of Project; (c) Operator maintains adequate records of revenues and expenditures relating to any such concession agreements and makes them available for audit when requested by State; and (d) such agreements, including the percentages of revenue to be distributed to Concessionaire and Operator, are approved in writing by State prior to award. Shaver Lake Boat Ramp Extension and Shade Pavilions Grant Agreement Number WC-1549CA Project ID: 2014105 4. FEES: Any fees or charges assessed for use of the project improvements or the areas used to access the project improvements must be based on and used solely for the maintenance and operation of said improvements and areas. Any proposed fees or charges are subject to approval of the Grantor and must be submitted to the Grantor for prior approval. The Grantor shall approve or deny the requested fees or charges in writing within 10 days of receipt of the Grantee's written proposal.