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HomeMy WebLinkAboutAgreement A-20-013 with Off-Highway Vehicle.pdfATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program - 2018/2019 Agency: Fresno County Sheriff's Office Application: Law Enforcement APPLICANT NAME :Fresno County Sheriff's Office PROJECT TITLE : Law Enforcement PROJECT NUMBER (Division use only) : G18-03-08-L01 PROJECT TYPE : Law Enforcement Restoration Education & Safety Acquisition Development Ground Operations Planning PROJECT DESCRIPTION : The Project is to provide Off-Highway Vehicle (OHV) related law enforcement activities within the jurisdiction of Fresno County Sheriff’s Office. The activities may include, but are not limited to patrol, barrier installation, maps, and search and rescue. Project may also provide for the purchase of Equipment, Heavy Equipment, materials and supplies as outlined in the Project Cost Estimate. Grantee agrees that all Equipment and Heavy Equipment will be kept as part of their equipment inventory for the duration of the equipment’s useful life and may only be used on activities that are applicable to the Law Enforcement category per Section 4970.12 of the Grants and Cooperative Agreements Program Regulations. Grantee must obtain written OHMVR Division approval prior to disposition of all grant related equipment. Grantee is required to provide a minimum of 25 percent of the total project cost in matching funds. Line Item Qty Rate UOM Total Grant Req.Match DIRECT EXPENSES Program Expenses 1 Staff 1. Staff-Law Enforcement Officers Notes : The manpower plan will provide Fresno County law enforcement services for general enforcement, public awareness of responsible OHV users, education of OHV riding areas. These areas include places such as snow parks, ski and snow trails, specific OHV riding areas, irrigation canals, waterways/sensitive areas from surrounding 1072.00 00 62.000 EA 66,464.00 49,848.00 16,616.00 Contract # C32-31-103, Fresno County Sheriff's Office, Grants and Cooperative Agreements Program - 2018/2019, Date: 11/07/2019 __________________________________________________________________________ Page: 2 of 7 ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program - 2018/2019 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req.Match OHV recreational areas. This will help regulate snow parks, ski and snowboard trails, conduct vehicle safety inspections for summer and winter vehicles. We conduct training in a safe operation of off- road equipment, assist search and rescue operations and are responsible for maintenance and repair of Fresno County OHV equipment. The budget prepared for Fresno County OHV staff a two-person OHV team on each Friday, Saturday, and Sunday during the year. We have also budgeted for supplemental details on busy holiday weekends such as New Years Day, Presidents Weekend, Spring Break, Memorial Day, July 4th Holiday and Labor Day. 2. Staff-Sergeants Notes : The Sheriff Sergeants are assigned to run the operation of the Fresno County Sheriff OHV Unit. The Sergeant is also trained and qualified to deploy with deputy sheriffs when the need arises. We have budgeted 35% of time to cover this cost 142.500 0 72.000 EA 10,260.00 7,695.00 2,565.00 Contract # C32-31-103, Fresno County Sheriff's Office, Grants and Cooperative Agreements Program - 2018/2019, Date: 11/07/2019 __________________________________________________________________________ Page: 3 of 7 ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program - 2018/2019 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req.Match in order to ride and enforce OHV laws, manage the OHV unit, scheduling details, attend community meetings, participating in safety presentations and the overall management of the equipment and unit we operate. Total for Staff 76,724.00 57,543.00 19,181.00 2 Contracts 3 Materials / Supplies 4 Equipment Use Expenses 5 Equipment Purchases 1. Equipment Purchases-Ford F150 Crew Cab 4x4 Truck Notes : Currently the Fresno County OHV Unit operates two 2001 Ford F-250 XL 6.8L V10 gasoline automatic 4wd Crew Cab trucks. These trucks have operated well for our OHV Unit over the last 18 years. The original purchase came from local Fresno County OHV Commission Funds with the origination of the OHV Unit. Over the years, the maintenance and upkeep on these two vehicles has become more and more of an increase cost - due primarily to age. Engine 1.0000 40000.000 EA 40,000.00 30,000.00 10,000.00 Contract # C32-31-103, Fresno County Sheriff's Office, Grants and Cooperative Agreements Program - 2018/2019, Date: 11/07/2019 __________________________________________________________________________ Page: 4 of 7 ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program - 2018/2019 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req.Match and transmission maintenance are the two problems we continue to deal with. Our current request would be to replace one truck during this grant cycle. The entire fleet of the Fresno County Sheriffs patrol vehicles are Ford. The vehicles would be purchased through local vendor after the competitive bid process. The current cost for a new 2019 Ford F150 4wd Crew Cab gasoline truck is $40,000. 6 Others 1. Training Notes : This unique course is specifically designed to enhance the officer's ability to avoid accidents and injury; and to gain a greater level of control in pursuit situations overall types of terrain. The course incorporates turning, sliding, braking, tight area turns, negotiating obstacles, and pursuit techniques. By performing all of these riding techniques throughout the various drills over a 16 hour training course. 13.0000 669.000 MISC 8,697.00 6,523.00 2,174.00 Contract # C32-31-103, Fresno County Sheriff's Office, Grants and Cooperative Agreements Program - 2018/2019, Date: 11/07/2019 __________________________________________________________________________ Page: 5 of 7 ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program - 2018/2019 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req.Match POST has stopped reimbursement for this class that we (Fresno County OHV) have been sending out deputies too over the last five years. This has provided an enhanced safety tool for our riders. The cost per student is shown in the line item. The salaries would be paid by Fresno County. We are just asking for the tuition payment from the State OHV. Total Program Expenses 125,421.00 94,066.00 31,355.00 TOTAL DIRECT EXPENSES 125,421.00 94,066.00 31,355.00 INDIRECT EXPENSES Indirect Costs 1 Indirect Costs 1. Indirect Costs- Administration of Grant Notes : These are costs of the Administrative Officer monitors the financial portion of the grant for our unit. The administrative officer deals with the payroll, maintenance of budget, and all other grant related questions dealing with stats, audits, or financials requested by the State. They are responsible for the fiscal management of all incoming and outgoing costs, along 60.0000 60.000 HRS 3,600.00 2,700.00 900.00 Contract # C32-31-103, Fresno County Sheriff's Office, Grants and Cooperative Agreements Program - 2018/2019, Date: 11/07/2019 __________________________________________________________________________ Page: 6 of 7 ATTACHMENT 1 Project Cost Estimate for Grants and Cooperative Agreements Program - 2018/2019 Agency: Fresno County Sheriff's Office Application: Law Enforcement Line Item Qty Rate UOM Total Grant Req.Match with monitoring the payroll portion of the grant. We utilize $6000.00 as indirect cost. 2. Adjustments (Rounded)- Administration of Grant 1.0000 3.000 EA 3.00 2.00 1.00 Total for Indirect Costs 3,603.00 2,702.00 901.00 Total Indirect Costs 3,603.00 2,702.00 901.00 TOTAL INDIRECT EXPENSES 3,603.00 2,702.00 901.00 TOTAL EXPENDITURES 129,024.00 96,768.00 32,256.00 TOTAL PROJECT AWARD 96,768.00 Contract # C32-31-103, Fresno County Sheriff's Office, Grants and Cooperative Agreements Program - 2018/2019, Date: 11/07/2019 __________________________________________________________________________ Page: 7 of 7 Appendix (Rev. 1/19) Project Agreement General Provisions (Nonfederal Applicants Only) A. Definitions 1. The term “State” as used herein means the State of California, Department of Parks and Recreation. 2. The term “Act” as used herein means the Off-Highway Motor Vehicle Recreation Act of 2003 as amended. 3. The term “Project” as used herein means the Project described in Attachment 1 of this Aagreement and in the Application. 4. The term “Application” as used herein means the individual Project Application and attachments required pursuant to the enabling legislation, regulations, and/or Grant program, which is incorporated into this Aagreement by reference. 5. The term “Project Agreement” as used herein means the Application and the Project Agreement and its General Provisions. 6. The term “Grantee” as used herein means the party described as the Grantee on page 1 of the Project Agreement. B. Project Execution 1. Subject to the appropriation and availability of Grant funds in the state budget, the State hereby awards to the Grantee the sum of money (Grant money) stated on page 1 of the Project Agreement in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Project Description on Attachment 1 of the Project Agreement and the terms and conditions set forth in this Agreement. The Grantee assumes the obligation to furnish any additional funds that may be necessary to complete or carry out the Project as described. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. The State’s obligation to make Grant payments is limited to the Project as provided for herein, or as modified with the approval of the State. 2. The Grantee agrees to complete the Project in accordance with the Project performance period set forth on page 1 of the Project Agreement, and under the terms and conditions of this agreement. 3. If the Project includes development, the development plans, specifications and estimates or Force Account Schedule shall be reviewed and approved by the State prior to the Grantee proceeding with the Project. Unless the development plans, specifications and estimates are approved by the State, the State shall have no obligation to make Grant payments for the work. The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. In addition, the Grantee shall complete the development work in accordance with the State-approved development plans, specifications, and estimates or Force Account Schedule. 4. The Grantee shall make property or facilities acquired and/or developed pursuant to this Agreement available for inspection upon request by the State to determine if development work is in accordance with the approved plans, specifications and estimates or Force Account Schedule, including a final inspection upon Project completion. 5. If the Project includes acquisition of real property, the cost of which is to be reimbursed with Grant moneys under this Agreement, the acquisition shall comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any Appendix (Rev. 1/19) other applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review by the State upon request. Eminent domain may not be used to acquire property using the Grant funds provided by this Agreement. 6. If the Project includes acquisition of real property, the purchase price shall be the fair market value of such property as established by an appraisal completed according to established current appraisal practices and methods as approved by both the Grantee and the State. The Grantee agrees to furnish the State with additional supportive appraisal material or justification as may be requested by the State to complete its review and approval of the fair market value. The Grantee agrees to furnish the State with preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by the State. The Grantee agrees to correct prior to or at the close of escrow any defects of title which in the opinion of the State might interfere with the operation of the Project. C. Project Costs 1. The Grant moneys to be provided to the Grantee under this Agreement shall be disbursed as follows, but not to exceed in any event one-hundred (100) percent of the allowable Project costs or the State Grant amount as set forth on page 1 of this Aagreement, whichever is less: 2. If the Project includes acquisition of real property, the State shall disburse to the Grantee the Grant moneys as follows, but not to exceed in any event the State Grant amount set forth on page 1 of this Aagreement. The State will disburse the amount of the State-approved purchase price together with State- approved costs of acquisition. Funds for acquisition shall only be released into an escrow account established for the acquisition. D. Project Administration 1. The Grantee shall promptly submit such progress, performance or other reports concerning the status of work performed on the Project as the State may request. In any event, the Grantee shall provide the State a report showing total final Project expenditures including State and all other moneys expended within one hundred-twenty (120) days after completion of the Project. 2. The Grantee shall make property and facilities maintained, operated, acquired or developed pursuant to this Agreement available for inspection by the State upon request. 3. The Grantee may be provided advanced payments for Grants. The Grantee shall place such moneys in a separate interest-bearing account, if legally able to do so, setting up and identifying such account prior to the advance. Interest earned on Grant moneys shall be used on the Project or paid to the State. If Grant moneys are advanced and not expended, the unused portion of the Grant (plus interest) shall be returned to the State within one hundred-twenty (120) days of completion of the Project or end of the Project performance period, whichever is earlier. Income, after deduction for reasonable expenses associated with that income, that is earned by the Grantee from a State-approved non-recreational use on an acquisition Project, subsequent to taking title by the Grantee, but before use for OHV Recreation, must be used by the Grantee for recreational purposes at the Project. 4. The Grantee shall use any moneys advanced by the State under the terms of this agreement solely for the Project herein described. 5. The Grantee will provide and maintain a sign on the Project site that identifies the funding source (Off-Highway Vehicle Fund) and the administering agency (California State Department of Parks and Recreation). Appendix (Rev. 1/19) 6. Equipment must be used solely for OHV-related purposes unless the Applicant is funding the portion of the purchase price not dedicated to OHV purposes, and that portion is not part of the total project cost. E. Project Termination 1. The Grantee may unilaterally rescind this Aagreement at any time prior to the commencement of the Project. After Project commencement this Agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder and reimbursement to the State of any Grant moneys already provided to the Grantee. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault and beyond the control of the Grantee to prevent, mitigate or remedy. 3. Because the benefit to be derived by the State from the full compliance by the Grantee with the terms of this Agreement is the operation, development, preservation, protection and net increase in the quantity and quality of public outdoor recreation facilities available to the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant moneys under the terms of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant moneys disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. 4. The Grantee further agrees, therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this Agreement, or any portion thereof, which is due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy, the State’s sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached term or terms of this Agreement. F. Hold Harmless 1. The Grantee hereby waives all claims and recourse against the State including the right to contribution of loss of damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of the State, its officers, agents and employees. 2. The Grantee shall protect, indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Ccode Section 895.2 or otherwise except for liability arising out of, and attributable to, the concurrent or sole negligence of the State, its officers, or employees. 3. In the event the State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney’s fees. 4. In the event of judgment against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request, and each party hereby waives its right to, a jury apportionment. Appendix (Rev. 1/19) G. Financial Records 1. The Grantee shall retain for inspection all financial accounts, documents, and records for three (3) years from the expiration date of the Project Aagreement, or three (3) years from the start of an audit engagement, whichever comes first, and until an audit started during the three (3) years is completed, a report published and any Audit findings are resolved and/or payment or other correction made with regard to any Audit findings contained in the final Audit report. 2. During regular office hours each party hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto. H. Use of Facilities 1. The Grantee shall, without cost to State, except as may be otherwise provided in this Agreement or any other Grant agreement, operate and maintain the property acquired or developed pursuant to this Agreement in the manner of and according to the Off-Highway Motor Vehicle Recreation Act and any related regulations, or any other applicable provisions of law. 2. Use of the facilities shall comply with all applicable laws, including, but not limited to, the requirements for registration of all day use-vehicles with the Department of Motor Vehicles or identified under the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1993. I. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Agreement. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. J. Application Incorporation 1. The Application and any subsequent change or addition approved by the State is hereby incorporated in this Agreement as though set forth in full in this Agreement. K. Severability 1. If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. L. Governing Law 1. This Agreement shall be construed in accordance with and be governed by the laws of the State of California. Any legal action arising out of the terms of this Agreement shall take place in the county wherein the Project funded by this Agreement is located. If the Project is located in or among two or more counties, any legal action shall be taken in the county wherein the largest land area of the Project is located. 2. The Grantee shall comply with all Federal, State, and/or Local laws, regulations, ordinances and executive orders that are applicable during the performance period.