HomeMy WebLinkAboutAgreement A-20-175 with the State of California.pdfAgreement No . 20-175
Boating Safety and Enforcement Financial Aid Program Agreement
This agreement entered into this 1sr day of July, 2020, by and between the CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS ,
hereinafter called "Department," and the COUNTY OF FRESNO, hereinafter called "Agency";
WITNESS ETH
WHEREAS , Contingent on approval of the Fiscal Year 2020-2021 budget, the Department intends to
agree with Agency for the purpose of performing boating safety and enforcement activities as described
in Title 14 , California Code of Regulations Section 6593 .3 ; and
WHEREAS , Agency is equipped , staffed and prepared to provide such services on the terms and
conditions set forth in this agreement and in accordance with Title 14, California Code of Regulations
Section 6593 et seq .; and
WHEREAS , pursuant to Title 14 , California Code of Regulations Section 6593.6 , Department shall
enter into an annual agreement w ith each participating agency ;
NOW, THEREFORE, it is mutually agreed as follows :
I. Applicable Law
Agency shall observe and compl y with all applicable federal , state , and county statutes ,
ordinances, regulations , directives , and laws , including, but not limited to , Harbors and
Navigation Code Section 663.7 and Section 6593 et seq. of Title 14 , California Code of
Regulations . Agreement shall be deemed to be executed within the State of California and
construed and governed by the laws of the State o f California.
II. Description of Services
Agency shall conduct boating safety and enforcement activities in the jurisdiction of the Agency
in consideration of the payments hereinafter set forth.
III. Payments
A. Maximum Amount. The amount the Department shall be obligated to pay for services
rendered under this agreement shall not exceed $452,764.00 for the agreement term in full
consideration of Agency 's performance of the services described in this agreement.
B. Rate of Payment. The Department shall reimburse Agency in accordance with the
reimbursement procedures set forth in Title 14 , California Code of Regulations Section
659 3 .9 .
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C. Submission of Claims. Agency shall submit claims for reimbursement to the Department
contact person identified in paragraph V of this contract on a ___monthly OR _√__quarterly
basis. (Please check one)
D. Failure to Submit Claims. Claims for reimbursement shall be submitted within 60 days
following the last day of the reporting period. Pursuant to Title 14, California Code of
Regulations 6593.9 (i), the Department may reduce an Agency’s allocation by five percent if
the Agency exceeds the sixty-day billing period and an additional five percent for every
thirty-day period thereafter that the Agency is late in filing a claim.
IV. Records
Agency shall maintain records pursuant to Section 6593.10 of Title 14, California Code of
Regulations.
V. Notice
Notice shall be in writing and shall be deemed to have been served when it is deposited in the
United States mail, first class postage prepaid, and addressed as follows:
TO DEPARTMENT TO AGENCY
Ms. Joanna Andrade Fresno County Sheriff’s Department
Department of Parks and Recreation 2200 Fresno Street
Division of Boating and Waterways Fresno, CA 93721
One Capitol Mall, Suite 500
Sacramento, CA 95814
Either party may change the address to which subsequent notice and/or other communication can be sent
by giving written notice designating a change of address to the other party.
VI. Term
This agreement shall be for the term beginning July 1, 2020, and ending June 30, 2021.
VII. Prior Agreements
All prior agreements regarding this subject matter between Department and Agency are hereby
terminated effective June 30 prior to the term beginning date of this agreement.
VIII. Amendment
No amendment or variation of the terms of this agreement shall be valid unless made in writing
and signed by the parties hereto.
IX. Termination
Agency may terminate this agreement without cause in writing at any time. Department may
terminate this agreement without cause upon a sixty (60) days written notice served upon the
Agency.
X. Special Provisions
A. Agency hereby certifies that the obligations created by this agreement do not violate the
provisions of Sections 1090 to 1096 of the Government Code.
B. This agreement shall have no force or effect until signed by the Department, Agency, and
approved by the Department of General Services Legal Department, if required.
C. Agency shall continue with the responsibilities of this agreement during any dispute.
D. In the event of an allocation reduction for this program, an equal allotment will be decrease
from every participant.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first
above written.
CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION , DIVISION OF BOATING AND WAT W YS
By:_W/J--W--1-~---------
California Department of Parks and Recreation,
Division of Boating and Waterways
Date b I 4 / -uJ
"Department"
COUNTY OF FRESNO
By [;___;:,fL~ ~
Title: Chairman, Board of Supervisors
Date:
"Agency"
ATTEST :
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
County of Fresno, State of Cal ifornia
By ~5ac-r:--~~Qf> Deputy
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FOR ACCOUNTING USE ONLY:
Fund: 0001
Subclass: 10000
ORG: 31113210
Account: 3575