HomeMy WebLinkAboutAgreement A-17-527 with Dept. of Parks and Recreation.pdf Agreement No.17-527
State of California-The Resources Agency OFF-HIGHWAY MOTOR VEHICLE RECREATION DIVISION
DEPARTMENT OF PARKS AND RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM
PROJECT AGREEMENT
PROJECT AGREEMENT NUMBER:G16-03-08-1-01 PROJECT TYPE:Law Enforcement
GRANTEE:Fresno County Sheriffs Office
PROJECT TITLE:Law Enforcement
PROJECT PERFORMANCE PERIOD:FROM 07/08/2017 THROUGH 07/07/2018
MAXIMUM AMOUNT PAYABLE SHALL NOT EXCEED$83,300.00(Eighty Three Thousand Three Hundred and
00/100)
THIS PROJECT AGREEMENT is made and entered into,by and between the State of California, acting by and
through the Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division and Grantee.
The Grantee agrees to complete the project as described in the Project Description.The Grantee's Application,
the Off-Highway Motor Vehicle Act of 2003 and the California Code of Regulations, Division 3, Chapter 15,
Sections 4970-4970.26 are hereby incorporated into this agreement by reference.
The parties hereto agree to comply with the terms and conditions of the following attachments which by reference
are made a part of the Project Agreement.
ATTACHMENT 1 -PROJECT COST ESTIMATE
ATTACHMENT 2-GENERAL PROVISIONS S I p # ODL1DQv2l3�
GRANTEE STATE OF CALIFORNIA
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
L �A, (,
m
AUTHORIZED NAME: AUTHORIZED NAME:Sixto J.Fer ez
y �
Brian Pacheco
�-O
O•_
to CO TITLE: Chairman,Board of Supervisors TITLE:Grants Manager
�U
C 0 r/ DATE: October 17,2017 I DATE: 6,�7 - j
W o 65 u_ CERTIFICATION OF FUNDING(FOR STATE USE ONLY)
W m c CONTRACT NUMBER: VENDOR NUMBER: FUND:
m C32-29-108 4000000026-04 Off-Hi hway Vehicle Trust Fund
We LL INDEX: OBJECT CODE: PCA: CONTRACT AMOUNT: APPROPRIATION:
U) U 2 T 1550 702 62673 83,300.00 Local Assistance
W ZZ c/ ITEM: CHAPTER: . STATUTE: FISCAL YEAR:
F- W T o 3790-101-0263 114/17 2017 2017/2018
Q t7D U U o0
l hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF DPR ACCOUNTING OFFICER: DATE:
Contrail p C32.29.108,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-2016/2017,Date:08/2512017 Page:1 of 3 Grantees
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program -201612017
Agency: Fresno County Sheriffs Office
Application: Law Enforcement
APPLICANT Fresno County Sheriffs Office
NAME:
PROJECT Law Enforcement PROJECT G16-03-08-1-01
TITLE: NUMBER
(Division use
only) :
PROJECT r Law Enforcement r Restoration r Education &Safety r Acquisition
TYPE
r Development r Ground Operations r Planning
This project is to provide for OHV related law enforcement activities within the jurisdiction of
the Fresno County Sheriffs Office.The activities may include, but are not limited to patrol,
PROJECT barrier installation, maps,and search and rescue. The project may also include the
DESCRIPTION : purchase of equipment, materials and/or supplies as outlined in the cost-estimate.
The grantee is required to provide a minimum of 25%of the total project cost in matching
funds.
Line Item Qty Rate UOM I Grant Req. Match Total
DIRECT EXPENSES
Program Expenses
1 Staff
1. Law Enforcement 1736.65 55.000 HRS 71,637.00 23,879.00 95,516.00
Officers 00
2. Sergeant 202.200 67.000 HRS 10,160.25 3,386.75 13,547.00
0
Total for Staff 81,797.25 27,265.75 109,063.00
2 Contracts
3 Materials/Supplies
4 Equipment Use Expenses
5 Equipment Purchases
6 Others
Total Program Expenses 81,797.25 27,265.75 109,063.00
TOTAL DIRECT EXPENSES 81,797.25 27,265.75 109,063.00
INDIRECT EXPENSES
Indirect Costs
1 Indirect Costs
1. Indirect Costs- 33.2500 60.000 HRS 1,496.25 498,75 1,995.00
Administration of the
grant
Notes :These are costs
Contract#C32-29-108,Fresno County Sheriffs Office,Grants and Cooperative Agreements Program-201612017,Date:08/25/2017 Page:2 of 3
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program -2016/2017
Agency: Fresno County Sheriffs Office
Application: Law Enforcement
Line Item Qty Rate UOM Grant Req. Match Total
the Administrative
Officer monitors the
financial portion of the
grant for our unit., deals
with payroll, and any
other questions or stats
needed by the State of
California throughout
the year.They are
responsible for the fiscal
management of all
incoming and outgoing
costs, along with
monitoring the payroll
portion of the grant.
We utilize$6000.00 as
indirect cost as part of
our match money.
2.Adjustments 0.0000 0.000 6.50 0.00 6.50
(Rounded)
Total for Indirect Costs 1,502.75 498.75 2,001.50
Total Indirect Costs 1,502.75 498.75 2,001.50
TOTAL INDIRECT EXPENSES 1,502.751 498.751 2,001.50
TOTAL EXPENDITURES 83,300.00 27,764.50 111,064.50
TOTAL PROJECT AWARD 1 83,300.00
Contract#C32-29-108,Fresno County Sheritrs Office,Grants and Cooperative Agreements Program-201612017,Date:08/25/2017 Page:3 of 3
Project Agreement General Provisions
(Nonfederal Applicants Only)
A. Definitions
1. The term"State"as used herein means the California State Department of Parks and
Recreation.
2. The term"Act"as used herein means the Off-Highway Motor Vehicle Recreation Act of
2003 as amended.
3. The term"Project"as used herein means the Project which is described on Attachment 1 of
this agreement and in the Project Application,which is hereby incorporated into this
agreement by reference.
4. The term"Application"as used herein means the individual Project Application and its
required attachments pursuant to the enabling legislation, regulations,and/or Grant
program,which is incorporated into this agreement by reference.
5. The term"Project Agreement"as used herein means the Application and the Project
Agreement General Provisions.
6. The term"Grantee"as used herein means the party described as the Grantee on page 1 of
the Project Agreement.
B. Project Execution
1. Subject to the appropriation and availability of Grant funds in the state budget,the State
hereby awards to the Grantee the sum of money(Grant money)stated on page 1 of the
Project Agreement in consideration of and on condition that the sum be expended in
carrying out the purposes as set forth in the Project Description on Attachment 1 of the
Project agreement and the terms and conditions set forth in this agreement.
The Grantee assumes the obligation to furnish any additional funds that may be necessary
to complete or carry out the Project as described. Any modification or alteration in the
Project as set forth in the Application on file with the State must be submitted to the State
for approval. State's obligation to make Grant payments is limited to the Project as
provided for herein,or as modified with the approval of the State.
2. The Grantee agrees to complete the Project in accordance with the Project performance
period set forth on page 1 of the Project Agreement,and under the terms and conditions of
this agreement.
3. If the Project includes development,the development plans,specifications and estimates or
Force Account Schedule shall be reviewed and approved by the State prior to Grantee
proceeding with the Project. Unless the development plans,specifications and estimates
are approved by the State,the State shall have no obligation to make Grant payments for
the work.
The Grantee,shall comply with all applicable current laws and regulations affecting
Development Projects,including,but not limited to, legal requirements for construction
contracts,building codes,health and safety codes,and laws and codes pertaining to
individuals with disabilities. In addition,the Grantee shall complete the development work in
accordance with the State approved development plans,specifications and estimates or
Force Account Schedule. The Grantee shall make property or facilities acquired and/or
developed pursuant to this agreement available for inspection upon request by the State to
determine if development work is in accordance with the approved plans,specifications and
estimates or Force Account Schedule,including a final inspection upon Project completion.
Rev. 1/16
4. If the Project includes acquisition of real property,and the cost of which is to be reimbursed
with Grant moneys under this agreement, shall as required thereby,comply with Chapter 16
(commencing with Section 7260)of Division 7 of Title 1 of the Government Code and any
other applicable federal,state,or local laws or ordinances. Documentation of such
compliance will be made available for review by the State upon request. Eminent domain
may not be used to acquire property using the Grant funds provided by this agreement.
5. If the Project includes acquisition of real property,the purchase price shall be the fair
market value of such property as established by an appraisal completed according to
established current appraisal practices and methods as approved by both the Grantee and
the State. Grantee agrees to furnish the State additional supportive appraisal material or
justification as may be requested by the State to complete its review and approval of the fair
market value.
Grantee agrees to furnish the State with preliminary title reports respecting such real
property or such other evidence of title which is determined to be sufficient by the State.
Grantee agrees to correct prior to or at the close of escrow any defects of title which in the
opinion of State might interfere with the operation of the Project.
C. Project Costs
The Grant moneys to be provided to the Grantee under this agreement shall be disbursed
as follows,but not to exceed in any event one-hundred(100)percent of the allowable
Project costs or the State Grant amount as set forth on page 1 of this agreement whichever
is less:
1. If the Project includes acquisition of real property, the State shall disburse to Grantee the
Grant moneys as follows, but not to exceed in any event the State Grant amount set forth
on page 1 of this agreement.
State will disburse the amount of the State approved purchase price together with State
approved costs of acquisition. The State may elect to make disbursement for deposit into
escrow.
2. If the Project includes development,after approval by State of Grantee's plans,
specifications and estimates or Force Account Schedule and after completion of the Project
or any phase or unit thereof,State shall disburse to Grantee upon receipt and approval by
State of a statement of incurred costs from Grantee,the amount of such approved incurred
costs shown on such statement,not to exceed the State Grant amount set forth on page 1
of this agreement,or any remaining portion of such Grant amount to the extent of such
statement. Grantee,upon a showing that the Project may not proceed without advance
funding,may request advance payment of those funds needed up to a maximum of ninety
(90)percent of the State Grant amount allocated for development upon receipt and
approval by State of Grantee plans, specifications and estimates or Force Account
Schedule.
The statements to be submitted by Grantee shall set forth in detail the incurred or estimated
cost of work performed or to be performed on development of the Project and whether
performance will be by construction contract or by Force Account.Statements shall not be
submitted,nor shall State make payments, more frequently than for work performed during
ninety(90)day periods unless otherwise requested by State.
D. Project Administration
1. The Grantee shall promptly submit such progress, performance or other reports concerning
the status of work performed on the Project as the State may request.In any event,the
Grantee shall provide the State a report showing total final Project expenditures including
State and all other moneys expended within one hundred twenty(120)days after
completion of Project.
2. The Grantee shall make property and facilities maintained,operated,acquired or developed
pursuant to this agreement available for inspection by the State upon request.
Rev.1/16
3. The Grantee shall use any moneys advanced by the State under the terms of this
agreement solely for the Project herein described.
4. The Grantee may be provided advanced payments for Grants but only for those that are for
Planning,Acquisition,and Facility Operation and Maintenance. The Grantee shall place
such moneys in a separate interest bearing account,setting up and identifying such account
prior to the advance,interest earned on Grant moneys shall be used on the Project or paid
to the State. If Grant moneys are advanced and not expended,the unused portion of the
Grant(plus interest)shall be returned to the State within one hundred twenty(120)days of
completion of the Project or end of the Project performance period,whichever is earlier.
Income,after deduction for reasonable expenses associated with that income,that is
earned by the Grantee from a State approved non-recreational use on an acquisition
Project,subsequent to taking title by the Grantee,but before use for OHV Recreation, must
be used by the Grantee for recreational purposes at the Project.
5. Equipment must be used solely for OHV related purposes unless the Applicant is funding
the portion of the purchase price not dedicated to OHV purposes
E. Project Termination
1. The Grantee may unilaterally rescind this agreement at any time prior to the
commencement of the Project.After Project commencement this agreement may be
rescinded, modified or amended by mutual agreement in writing.
2. Failure by the Grantee to comply with the terms of this agreement or any other agreement
under the Act may be cause for suspension of all obligations of the State hereunder.
3. Failure of the Grantee to comply with the terms of this agreement or contract under the
enabling legislation may be cause for suspension of all obligations of the State hereunder.
However,such failure shall not be cause for the suspension of all obligations of the State
hereunder if in the judgment of the State such failure was due to no fault and beyond the
control of the Grantee to prevent, mitigate,or remedy.
4. Because the benefit to be derived by the State,from the full compliance by the Grantee with
the terms of agreement,is the,operation,development,preservation, protection and net
increase in the quantity and quality of public outdoor recreation facilities available to the
people of the State of California and because such benefit exceeds to an immeasurable and
unascertainable extent the amount of money furnished by the State by way of Grant
moneys under the terms of this agreement,the Grantee agrees that payment by the
Grantee to the State of an amount equal to the amount of the Grant moneys disbursed
under this agreement by the State would be inadequate compensation to the State for any
breach by the Grantee of this agreement.The Grantee further agrees therefore,that the
appropriate remedy in the event of a breach by the Grantee of this agreement shall be the
specific performance of this agreement, unless otherwise agreed to by the State.
Notwithstanding the foregoing,in the event of a breach of this agreement,or any portion
thereof,which is due to no fault and beyond the control of the Grantee to prevent,mitigate,
or remedy,the State's sole remedy shall be the reimbursement of any funds advanced or
paid that pertain to the breached term or terms of this agreement.
F. Hold Harmless
1. Grantee hereby waives all claims and recourse against the State including the right to
contribution of loss of damage to persons or property arising from,growing out of or in any
way connected with or incident to this agreement except claims arising from the concurrent
or sole negligence of State, its officers,agents and employees.
2. The Grantee shall protect indemnify,hold harmless and defend State, its officers,agents
and employees against any and all claims,demands,damages,costs,expenses or liability
costs arising out of the acquisition,development,construction,operation or maintenance of
the property described as the Project which claims,demands or causes of action arise
Rev.1/16
under Government code Section 895.2 or otherwise except for liability arising out of,and
attributable to,the concurrent or sole negligence of State,its officers,or employees.
3. In the event State is named as codefendant under the provisions of Government Code
Section 895 et seq.,the Grantee shall notify the State of such fact and shall represent State
in the legal action unless State undertakes to represent itself as codefendant in such legal
action in which event the State shall bear its own litigation costs,expenses, and attorney's
fees.
4. In the event of judgment against the State and the Grantee because of the concurrent
negligence of the State and the Grantee,their officers,agents,or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request,and each party hereby waives its right to,a jury
apportionment.
G. Financial Records
1. The Grantee shall retain all financial accounts,documents,and records for three(3)years
from the expiration date of the Project agreement,or three(3)years from the start of an
audit engagement,whichever comes first,and until an audit started during the three(3)
years has been completed and a report published.
2. During regular office hours each of the parties hereto and their duly authorized
representatives shall have the right to inspect and make copies of any books, records or
reports of the other party pertaining to this agreement or matters related thereto.
H. Use of Facilities
1. The property acquired or developed with Grant moneys under this agreement shall be used
by the Grantee only for the purpose for which the State Grant moneys were requested and
no other use of the area shall be permitted except by specific act of the Legislature.
2. The Grantee shall without cost to State,except as may be otherwise provided in this or any
other Grant agreement,operate and maintain the property acquired or developed pursuant
to this agreement in the manner of and according to the provisions of this agreement,the
Off-Highway Motor Vehicle Recreation Act and any related regulations,or any other
provision of law which may be applicable to such operation and maintenance.
3. Use of the facilities shall comply with all applicable laws,including, but not limited to,the
requirements for registration of all day use-vehicles with the Department of Motor Vehicles
or identified under the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1993.
I. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race,color,
national origin,religion,ancestry,or physical handicap in the use of any property or facility
acquired or developed pursuant to this agreement.
2. The Grantee shall not discriminate against any person on the basis of residence except to
the extent that reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally,except as noted under the
special provisions of this Project agreement.
J. Application Incorporation
1. The Application and any subsequent change or addition approved by the State is hereby
incorporated in this agreement as though set forth in full in this agreement.
Rev. 1116
K. Severability
1. If a provision of this agreement or the Application thereof is held invalid,that invalidity shall
not affect other provisions or applications of the agreement which can be given effect
without the invalid provision or Application,and to this end the provisions of this agreement
are severable.
L. Governing Law
1. This agreement shall be construed in accordance with and be governed by the laws of the
State of California. Any legal action arising out of the terms of this agreement shall take
place in the county wherein the Project funded by this agreement is located. If the Project is
located in or among two or more counties,any legal action shall be taken in the county
wherein the largest land area of the Project is located.
2. Grantee shall comply with all Federal,State, and/or Local laws, regulations,ordinances and
executive orders that are applicable during performance period.
Rev.1116
1 Off Highway Motor Vehicle Grant Agreement ($83,300) FY 2017-18
2
3 REVIEWED & RECOMMENDED
FOR APPROVAL
4
6 Z-A r_7
MARGARET MIMS, Sheriff-Coroner
7
8
9
10 APPROVED AS TO LEGAL FORM:
11 Daniel C. Cederborg, County Counsel
12
13
14
15 By
Depu
16
17
18
19 APPROVED AS TO ACCOUNTING FORM:
OSCAR J. GARCIA, CPA Auditor-Controller/Treasurer-Tax Collector
20
21
�t
22 By v
23
24 Fund 0001
Subclass 10000
25 ORG 31116224
Account 3575
26
27
28
1