HomeMy WebLinkAboutAgreement A-20-435 with Parks and Recreation Division - Boat.pdfCERTIFICATE OF FUN DING
(FOR STATE USE ON.LY)
GRANTEE: Fresno County Sheriff's Office
THE TERM OF THIS AGREEMENT IS: Date fully Executed* through fifteen (15) years
GRANT TITLE: LAW FNFORCFMFNT EQLJIPMFNT GRANT PROGRAM
GRANT NUMBER: C20L0612
PURCHASE ORDER NUMBER: 0000023465
CONTRACT NO AMENDMENT NO SUPPLIER ID PROJECT NO
C20L0612 0000002932 379065600200
AMOUNT FUND DESCRIPTION AGENCY BILLING CODE NO
ENCUMBERED BY Federal Trust Fund #0890 053706
THIS DOCUMENT
$105,222.00
REPORTING ITEM CHAPTER STATUTE FISCAL Y�R
STRUCTURE 3790-101-0890 6 20 2020/21
37900706
BUSINESS UNIT ACTIVITY CODE ACCOUNT
3790 68456 5432000
T.B.A. NO I hereby certify upon my own personal knowledge that the budgeted funds are available for this
encumbrance.
B.R.NO ACCOUNTING OFFICER'S SIGNATURE DATE
Contract# C20l0612, Fresno County Sheritrs Office, Boating Safety and Enforcement Equipment Grant -FY 2020 / 21, Date: 09/17/2020 Page: 2 of 43
Demetri Williams 11/24/2020
BOATING SAFETY
AND
ENFORCEMENT ENFORCEMENT
GRANT AGREEMENT
Fresno County Sheriff's Office
C20L0612
State of California
Department of Parks and Recreation
Division of Boating and Waterways
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 3 of 4343
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
PARTIALLY FUNDED EQUIPMENT .....................................................................10
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 4 of 4343
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’S accounting officer.
C."EQUIPMENT": Boating–specific equipment or other support equipment used to
implement or conduct boating safety and boating law enforcement activities.
EQUIPMENT may also include PATROL BOAT.
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."GRANTEE": The person or entity identified as the Grantee on the face page of the
Agreement.
G."GRANTEE FUNDS": Any funds provided by the GRANTEE for the purchase or
operation and maintenance of the EQUIPMENT/PATROL BOAT.
H."PATROL BOAT": A DEPARTMENT approved, heavy aluminum or fiberglass,
equipped boat [with or without trailer and/or outboard motor] purchased for use in
boating safety and law enforcement activities.
I."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.This GRANT AGREEMENT 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 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.
D.EQUIPMENT/PATROL BOAT purchase shall be completed no later than August 31,
2021.
E.GRANTEE hereby certifies that the obligations created by this GRANT AGREEMENT
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 5 of 4343
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 last required
signature which is the DEPARTMENT’S Accounting Officer. 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.GRANTEEE acknowledges that failure to perform the duties and responsibilities under
this grant may negatively impact the DEPARTMENT’S consideration of future grant
applications for up to three (3) years.
J.Subvention agencies: GRANTEES participating in the DEPARTMENT’S
Subvention Financial Aid Program certifies that failure to fully spend subvention
funding in the prior fiscal year will cause a negative impact in the DEPARTMENT’S
consideration of future grant applications for up to three (3) years.
K.Annual Reports: Grantee shall submit an Annual Report beginning August 31st,
2021 and each and every year by August 31 for the term of this agreement (15
years). 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.
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.
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 in reimbursement
•GRANT AGREEMENT number
•Statement of acceptance of the vessel or equipment as meeting DBW’s
approved specifications
•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)
•Entity’s congressional district and DUNS
•Signature of the person authorized in the resolution or minute order to
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 6 of 4343
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 September 30, 2021 by
mailing one (1) complete reimbursement request package to:
DBW
Attn: BSEE Grant Manager
1 Capitol Mall #500
Sacramento, CA 95814
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
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
EQUIPMENT/PATROL BOAT for fifteen (15) 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 replace the EQUIPMENT/PATROL
BOAT if it is destroyed or rendered useless prior to the expiration of this GRANT
AGREEMENT.
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 7 of 4343
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.
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 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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 8 of 4343
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 9 of 4343
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) for sale at auction. Prior to delivering equipment to DGS, GRANTEE must
receive approval from the DEPARTMENT to request that DGS complete an OFA6. Once
DGS has completed the OFA6, 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 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”
shall be understood to be “DEPARTMENT” and “Award” shall be understood to be “GRANT”.
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 10 of 4343
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-vol1/pdf/CFR-2014-
title2-vol1-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.Federally assisted construction Grants. Except as otherwise provided, each
administering agency shall require the inclusion of the following language as a
condition of any grant, contract, loan, insurance, or guarantee involving federally
assisted construction which is not exempt from the requirements of the equal
opportunity clause:
The applicant hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 11 of 4343
thereof, as defined in the regulations of the Secretary of Labor at 41 CFR
chapter 60, which is paid for in whole or in part with funds obtained from
the Federal Government or borrowed on the credit of the Federal
Government pursuant to a grant, contract, loan insurance, or guarantee, or
undertaken pursuant to any Federal program involving such grant, contract,
loan, insurance, or guarantee, the following equal opportunity clause:
During the performance of this grant, the grantee agrees to sections i-vii
below:
Government contracts. Except as otherwise provided, each granting agency shall
include the following Equal Opportunity clause contained in section 202 of the order
in each of its Government grants (and modifications thereof if not included in the
original grant):
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
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
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 12 of 4343
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
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
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 13 of 4343
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.
II.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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 14 of 4343
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 15 of 4343
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 16 of 4343
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 17 of 4343
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 18 of 4343
EXHIBITC
CERT/FICA TION
I, the official named below, CERTIFY UNDER PENAL TY 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
By Authorized Signature :
Printed Name and Title of Person Signing
, Ernest Buddy Mendes, Chairman
Date Executed Executed in the County of ATTEST:
3 ~20 Fresno BERNICE E. SEIDEL
..,_ ___ .a.+--+=..;;..;;;.._ _________ '----------Clerk of the Board of Supervisors
GRANTEE CERTIFICATION CLAUSES Count~resno , St of C ifornia
By Uvf.YJ--1. STATEMENT OF COMPLIANCE: Deputy
2.
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 .)
DRUG-FREE WORKPLACE REQUIREMENTS:
18 .1 O 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 bona
legal services during each year of the agreement equal to the lessor of 30 multiplied by the
Contract# C20L0612 , Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant· FY 2020 / 21 , Date : 09/17/2020 Page: 19 of 43
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 20 of 4343
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 21 of 4343
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 22 of 4343
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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 23 of 4343
Exhibit E -DARFUR CONTRACTING ACT
Pursuant to Public Contract Code section 104 78, 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 104 76 .
Therefore, to be eligible to submit a bid or proposal, please complete only one of the following
th ree 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
PARAGRAPH #3 INITIALED AND CERTIFIED.
1. £ ~ We do not currently have , or we have not had within the previous three yea rs, b us iness
activities or othe r operations outside of the United States.
2.
3 .
OR
We are a scrutin ized 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
We currently have, o r we have had within the prev ious three years, business activities or
other operat ions outside of the United States, but we certify below that we are not a
scrutinized company as defined in Pub l ic Contract Code section 10476 .
CERTIF ICATION For# 3.
I, the official named below, CERTIFY UNDER PENAL TY OF PERJURY that I am duly autho ri zed to
legally bind the prospective proposer/b idder to the clause listed above in# 3. This certification is
made under the laws of the State of Californ ia.
Grantee Agency Name (Printed) Fede ral ID Number
Fresno County Sheriff's Office
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Execu ted Execu ted 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
I NITIALED AND CERTIF IED
Contract# C20L0612, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21 , Date : 09/17/2020 Page: 24 of 43
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 materi als,
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 PENAL TY OF PERJURY that
I am duly authorized to legally bind the prospective Contractor to the clause(s) listed be low . Th is
certification is made under the laws of the State of California.
Name and Title of Person Signing
Ernest Buddy Mendes, Chairman
Authorized Signature
Title
Chairman
Legal Business Name
Fresno County Sheriffs Office
Date Executed
Executed in the County of
Fresno
Telephone Number
59;. ~co-I.Jut:o
Federal ID Number
The Contractor hereby certifies under pena lty 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 Sect ions 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 resn~. State o California
Contract # C20L0612, Fresno County Sheriffs Office, Boating Safety and Enforcement Equipment Grant• FY 2020 / 21 , Date: 09/17/2020 Page: 25 of 43
General
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
1 Applicant Information
a. Applicant Name Fresno County Sheriff's 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 Reference No. 0000002932
g. Agency Type
City County
State Agency District
2 Project Information
a. Project Name Patrol Boat
b. Is implementing agency same as Applicant Yes No
c. Implementing Agency Name
d. Project Start Date Oct-01-2020 End Date Sep-01-2021
e. Amount of Funds Requested $105,222.00 Project Cost $105,222.00
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 26 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 26 of 4343
3 Contacts
a.Project Administrator
Name Scott Weishaar
Title Sergeant
Mailing Address 2200 Fresno St.
City Fresno State CA Zip 93721
Telephone (559) 908-7800 Fax
E-mail Address scott.weishaar@fresnosheriff.org
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 27 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 27 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________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
Documents’ area.
25582_0_614_Signed
Letter.pdf
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
available in the 'Show Documents' area)
25584_0_65_SAM
Registration expires 2-
26-2021.pdf
1 a.Do you have an active Boating Safety /
Boating Law Enforcement Patrol?
Yes No
1 b.What training and/or authorization does your
agency have to perform boating safety and
boating law enforcement in your jurisdiction?
California Harbor and Navigation Code Section 663 authorizes
our agency to stop and inspect vessels within Fresno County.
California Harbor and Navigation Code Section 663.7(a) further
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
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.
Yes No
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 28 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 28 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________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).
State Senate 01 State Senate 02 State Senate 03 State Senate 04 State Senate 05
State Senate 06 State Senate 07 State Senate 08 State Senate 09 State Senate 10
State Senate 11 State Senate 12 State Senate 13 State Senate 14 State Senate 15
State Senate 16 State Senate 17 State Senate 18 State Senate 19 State Senate 20
State Senate 21 State Senate 22 State Senate 23 State Senate 24 State Senate 25
State Senate 26 State Senate 27 State Senate 28 State Senate 29 State Senate 30
State Senate 31 State Senate 32 State Senate 33 State Senate 34 State Senate 35
State Senate 36 State Senate 37 State Senate 38 State Senate 39 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).
State Assembly 01 State Assembly 02 State Assembly 03 State Assembly 04
State Assembly 05 State Assembly 06 State Assembly 07 State Assembly 08
State Assembly 09 State Assembly 10 State Assembly 11 State Assembly 12
State Assembly 13 State Assembly 14 State Assembly 15 State Assembly 16
State Assembly 17 State Assembly 18 State Assembly 19 State Assembly 20
State Assembly 21 State Assembly 22 State Assembly 23 State Assembly 24
State Assembly 25 State Assembly 26 State Assembly 27 State Assembly 28
State Assembly 29 State Assembly 30 State Assembly 31 State Assembly 32
State Assembly 33 State Assembly 34 State Assembly 35 State Assembly 36
State Assembly 37 State Assembly 38 State Assembly 39 State Assembly 40
State Assembly 41 State Assembly 42 State Assembly 43 State Assembly 44
State Assembly 45 State Assembly 46 State Assembly 47 State Assembly 48
State Assembly 49 State Assembly 50 State Assembly 51 State Assembly 52
State Assembly 53 State Assembly 54 State Assembly 55 State Assembly 56
State Assembly 57 State Assembly 58 State Assembly 59 State Assembly 60
State Assembly 61 State Assembly 62 State Assembly 63 State Assembly 64
State Assembly 65 State Assembly 66 State Assembly 67 State Assembly 68
State Assembly 69 State Assembly 70 State Assembly 71 State Assembly 72
State Assembly 73 State Assembly 74 State Assembly 75 State Assembly 76
State Assembly 77 State Assembly 78 State Assembly 79 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).
Congressional District 1 Congressional District 2 Congressional District 3
Congressional District 4 Congressional District 5 Congressional District 6
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 29 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 29 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
Congressional District 7 Congressional District 8 Congressional District 9
Congressional District 10 Congressional District 11 Congressional District 12
Congressional District 13 Congressional District 14 Congressional District 15
Congressional District 16 Congressional District 17 Congressional District 18
Congressional District 19 Congressional District 20 Congressional District 21
Congressional District 22 Congressional District 23 Congressional District 24
Congressional District 25 Congressional District 26 Congressional District 27
Congressional District 28 Congressional District 29 Congressional District 30
Congressional District 31 Congressional District 32 Congressional District 33
Congressional District 34 Congressional District 35 Congressional District 36
Congressional District 37 Congressional District 38 Congressional District 39
Congressional District 40 Congressional District 41 Congressional District 42
Congressional District 43 Congressional District 44 Congressional District 45
Congressional District 46 Congressional District 47 Congressional District 48
Congressional District 49 Congressional District 50 Congressional District 51
Congressional District 52 Congressional District 53
4.County
Select one or more of the California Counties where the proposed project activities will occur.
Alameda Alpine Amador Butte Calaveras Colusa
Contra Costa Del Norte El Dorado Fresno Glenn Humboldt
Imperial Inyo Kern Kings Lake Lassen
Los Angeles Madera Marin Mariposa Mendocino Merced
Modoc Mono Monterey Napa Nevada Orange
Placer Plumas Riverside Sacramento San Benito San
Bernardino
San Diego San Francisco San Joaquin San Luis
Obispo
San Mateo Santa Barbara
Santa Clara Santa Cruz Shasta Sierra Siskiyou Solano
Sonoma Stanislaus Sutter Tehama Trinity Tulare
Tuolumne Ventura Yolo Yuba
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 30 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 30 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________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 you have?
3
2 b.Number of Part-Time Boating Safety and/or Boating Law
Enforcement Officers do you have?
10
How many hours per year do they work?10,140
Is this work seasonal or continuous?Continuous
3.Does your boating safety and enforcement unit have citation
authority?
Yes No
If YES, Code #PC 836(a)
How many boating related citations did you have last year
(2019)?
62
4.Does your boating safety and enforcement unit have arrest
authority?
Yes No
If YES, Code #PC 836(a)
How many boating related arrests did you have last year
(2019)?
8
5.How many outreach events did your agency participate in to promote boating safety education in 2019? Please
list these events.
46
Raisin City Elementary School Kids Day, Laton Parade, Kerman High School Protective Service Day, Riverdale
Assembly of God First Responder Appreciation Day, Clovis Rodeo Parade, Nelson Elementary School Carnival,
Riverdale Parade, FSO Citizens Academy (x2), Pelco Kids Day, Wawona Middle School Carnival, Burrel Union
School Carnival, Clovis First Assembly of God Touch a Truck, Bright Beginnings First Responder Day,
Caruthers Elementary School Carnival, Kingsburg Parade, Fresno Grizzlies Outdoor Adventure Night, Fresno
Grizzlies Touch a Truck, Valley Childrens May Day, Wonder Valley Ranch Camp Presentation, Island Park
Campground Presentation (x2), Caltrans Kids Day, Kerman Parade, CSUF Stomp it Out, Sanger Street Fair, Sal
Mosqueda Kids Day, Houghton Kearney School Carnival, Reagan Elementary School Carnival, Woodward Park
Walk Like MADD, Caruthers Parade, Fowler Parade, Centerville School Carnival, Washington Elementary
Public Safety Day, Del Rey Elementary Carnival, Powers Ginsburg School Hero Day, India
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 31 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 31 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION________________________________________________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION________________________________________________________________________________________________________________6.Jurisdiction TableList All Waterbodies That Are In Your Jurisdiction and Fill in the Chart for EachWaterbodySize (area)Boating activities (fishing,watersports, paddlecraft, etc.)How manyhours/year is thiswaterbody patrolledby your agency. Ifseasonal, list activemonthsDo you sharejurisdictionon thiswaterbodyIf shared jurisdiction, listother agency(s)Kings River31 milesFishing, boating, rafting, paddlesports, swimming,2720May - SeptYesKings County SheriffPine Flat Lake9.3 sq. mi.Fishing, boating, paddle sports,swimming, sailing2720NoShaver Lake3.4 sq. mi.Fishing, boating, paddle sports,swimming, water sport events,sailing2720May - SeptNoHuntington Lake2.2 sq. mi.Fishing, boating, sailing, paddlesports, swimming, organizedregattas240May - SeptNoWishon Reservoir1.5 sq. mi.Fishing, boating, paddle sports40May - Sept.NoCourtwright Reservoir2.7 sq. mi.Fishing, boating, paddle sports40May - Sept.NoSan Joaquin River73 milesFishing, boating, rafting, paddlesports, swimming,120May - Sept.YesMadera SheriffRedinger Lake0.7 sq. mi.Fishing, boating, paddle sports,swimming40May - Sept.YesMadera SheriffKerckhoff Reservoir0.3 sq. mi.Fishing, boating, paddle sports,swimming40May - Sept.YesMadera SheriffEdison Lake2.9 sq. miFishing, boating, paddle sports40May - Sept.NoFlorence Lake0.5 sq, miFishing, boating, paddle sports20May - Sept.NoContract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020________________________________________________________________________________________________________________Page: 32 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020________________________________________________________________________________________________________________Page: 32 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION________________________________________________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION________________________________________________________________________________________________________________Avocado Lake0.1 sq. mi.Fishing, boating, paddle sports,swimming20May - Sept.NoMendota Slough2.14 sq. miFishing, boating, paddle sports,swimming, waterfowl hunting20May - Sept.NoContract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020________________________________________________________________________________________________________________Page: 33 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020________________________________________________________________________________________________________________Page: 33 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
7.Clearly identify the top three safety issues related to your request in your jurisdiction.
Rental boats – Fresno County has seven lakes that offer boaters the opportunity to rent vessels. Shaver Lake alone
has four companies that combined provide about 250 vessel for rent to the general public. This easy opportunity for
someone with zero boating experience and little knowledge of boating law to rent a vessel that can exceed 50 mph
can often results in injury or death.
Ignorance to boating law and water safety – The Fresno Sheriff’s Office works closely with the media and reaches
out to thousands of people at community events to educate the public on boating law and water safety. Even with
this ambitious outreach we still find that a large number of the boating public either don’t know or ignore basic
boating safety laws. The unlawful or unsafe actions of people who recreate on Fresno County waterways can often
result in injury or death.
Search and rescue of stranded / disabled / overdue boaters and injured persons – Thousands of boats can be using
any of Fresno County’s nine lakes on any given day. With all these waterways there is no formal vessel tow service
available to the public. This frequently results in the Fresno Sheriff’s Office being the only means to assist a
stranded or disabled boater. A challenge that exacerbates the lack of tow service is most of our lakes do not have
cellular phone reception. This commonly results in a stranded boater being reported as missing by a family member
and the Sheriff’s Office searching the waterway to locate and assist the boater.
The use of a Fresno County Sheriff's Office patrol vessel is the only means of accessing an unjured person on a
waterway. Most of our waterways have little road access to the banks so the patrol vessel is the only means of
reaching an injured person. A patrol vessel is the only means of transporting EMS to an injured person and
returning them to a waiting ambulance.
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 34 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 34 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
8.Inventory
List all patrol boats, PWCs and inflatables in your current inventory (County and State owned)
Year Make
CF
Number
How
many
hours/y
ear is
this
used?
What waterbodies is it
used on?
Is this
boat
current
ly
being
surplus
ed?
Is this
a boat
that
was
funded
by a
DBW
Grant?
Vessel
Status?
1,995 Design
Concepts
CF 3367
XC
120 Shaver Lake, Pine Flat
Lake, Huntington Lake,
Courtright Reservoir,
Wishon Reservoir
Yes Yes Operational
1,998 Woolridge CF 3950
XC
840 Kings River, San Joaquin
River, Mendota Slough,
Shaver Lake, Pine Flat
Lake, Courtright Reservoir,
Wishon Reservoir,
Avocado Lake, Redinger
Lake, Kirckhoff Reservoir,
Florence Lake, Edison
Lake
No Yes Operational
2,000 Woolridge CF 4157
XC
840 Kings River, San Joaquin
River, Mendota Slough,
Shaver Lake, Pine Flat
Lake, Courtright Reservoir,
Wishon Reservoir,
Avocado Lake, Redinger
Lake, Kirckhoff Reservoir,
Florence Lake, Edison
Lake
No Yes Operational
2,001 Jet Craft CF 4160
XC
840 Shaver Lake, Pine Flat
Lake, Huntington Lake,
Courtright Reservoir,
Wishon Reservoir
Yes Yes Operational
2,001 Chinook CF 4265
XC
40 Shaver Lake, Pine Flat
Lake, Huntington Lake,
Courtright Reservoir,
Wishon Reservoir
No Yes Operational
2,004 Design
Concepts
CF 4655
XC
840 Shaver Lake, Pine Flat
Lake, Huntington Lake,
Courtright Reservoir,
Wishon Reservoir
No Yes Operational
2,006 Yamaha CF 4854
XC
120 Kings River, San Joaquin
River, Mendota Slough,
Shaver Lake, Pine Flat
Lake, Courtright Reservoir,
Wishon Reservoir,
Avocado Lake, Redinger
Lake, Kirckhoff Reservoir,
Florence Lake, Edison
No Yes Operational
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 35 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 35 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
Lake
2,006 Yamaha CF 6651
XC
120 Kings River, San Joaquin
River, Mendota Slough,
Shaver Lake, Pine Flat
Lake, Courtright Reservoir,
Wishon Reservoir,
Avocado Lake, Redinger
Lake, Kirckhoff Reservoir,
Florence Lake, Edison
Lake
No Yes Operational
2,008 Zodiac CF 5078
XC
40 Kings River, San Joaquin
River, Mendota Slough,
Shaver Lake, Pine Flat
Lake, Courtright Reservoir,
Wishon Reservoir,
Avocado Lake, Redinger
Lake, Kirckhoff Reservoir,
Florence Lake, Edison
Lake
No Yes Operational
2,016 Rogue Jet CF 5717
XC
840 Shaver Lake, Pine Flat
Lake, Huntington Lake,
Courtright Reservoir,
Wishon Reservoir
No Yes Operational
2,017 Rogue Jet CF 5770
XC
840 Shaver Lake, Pine Flat
Lake, Huntington Lake,
Courtright Reservoir,
Wishon Reservoir
No Yes Operational
9.Project Type
Are you requesting a new Patrol Boat/PWC or Misc. Equipment.?
New Patrol Boat/PWC
Equipment / Repairs
* 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 # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 36 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 36 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________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 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 2001 21’0” Jetcraft, aluminum hull, with a
350ci V8 inboard/outboard motor. This vessel currently has over 2,440 hours and in
the last three years of use, has accumulated over $18,500 in repairs and service.
These repairs are significant and have caused the vessel to be out of service for long
periods of time. In 2019 alone, the vessel has been out of service for 40% of the
operational period due to unexpected repairs.
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 Sheriff’s Office will pay to have the
marine navigation and FLIR from the vessel this is replacing transferred to the new
vessel.
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 89 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
Sheriff’s Office averaged about 1100 vessel inspections, 92 cites / arrests, and gave
1278 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 four times. One of those times was near the shore
and almost resulted in the wind pushing it into the rocks near the bank. Every time it
breaks down it takes another patrol boat out of service for several hours as it tows the
inoperable vessel to the ramp. We then have one less patrol vessel to conduct rescue
and enforcement activities until it is repaired.
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 37 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 37 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
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 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.
"Critical" (operations would cease without it)
"Increased efficiency" (if it would save staff time, identify how much time)
"Convenience" (it would make life a little easier)
"Protection" of existing equipment (ex: shade structure, hoists to get the vessels out of the water, etc. to
extend longevity)
Justification The vessel we are requesting to replace is a 2001 aluminum patrol boat. This vessel
currently has over 2,440 hours and in the last three years of use, has accumulated over
$18,500 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 40% 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.
10 d.If you are not awarded your full request, would your agency be
able to supplement the difference?
Yes No
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.
If awarded this grant, this would be the third vessel of this platform that we have
purchased. We selected this vessel because Rogue Jet Boatworks built our prior two
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 two 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
specifications. 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.
10 f.Patrol Boat - Informational
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 38 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 38 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
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 year will this
equipment be used by your BS&E Unit for
Boating Safety Enforcement?
840
Will it be used year-round or seasonally?
Explain. (limit this to 100 characters?).
This vessel will primarily be used seasonally, but will additionally
used for dive and boating call outs, training, and periodic patrols
throughout the remainder of the year.
10 h.Will this equipment be used for anything
besides Recreational Boating Safety
Enforcement (ie. Junior lifeguard, swimming
rescues, enforcing commercial activities,
etc.)?
Yes No
If so, list activities and percentage of time vs.
Recreational Boating Safety Enforcement
10 i.Upload boat/trailer specifications for review.
The Specification Guidelines are in the
‘Show Documents’ area. You cannot
proceed without attaching specs.
25634_0_719_Center Console Boat Specs w-o Nav
Electronics.doc
10 j.Estimate the cost of the patrol boat and
trailer
105,222
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 Patrol Boat 25638_0_378_Fr
esno Sheriff
Oct.2021.xls
North River Osprey Patrol Boat 25638_1_427_Fr
esno Co Shrff
23_ Osprey T-
TOP _4-4-
20_.pdf
10 l.Will this replace an existing boat?Yes No
Year, make and CF # of boat being
replaced.
2001 Jet Craft (CF 4160 XC)
10 m.Has the vessel being replaced ever had it's
engine or electronics replaced?
Yes No
If yes, how many times? Explain.The engine has been rebuilt one time, and the navigation
electronics have also been modernized one time. The newer
navigation equipment will be transferred to the new vessel.
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 39 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 39 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
12 Previous BSEE Grants
FY 19/20 FY 18/19 FY 17/18
Did your agency apply for a BSEE grant ?Yes Yes Yes
Were you awarded a BSEE grant? (leave blank if
No)
Yes No Yes
Amount awarded: (List amount or leave blank if
No or NA)
120,699 50,000
Amount reimbursed: (List amount or leave blank if
No or NA)
120,699 50,000
List the Equipment Purchased: (List
leave blank if No or NA)
(1) Patrol boat
(8) Swiftwater dry
suits
(3) Repaint and re-
decal patrol boats
(2) Simrad
Navigation
Equipment
Pachages (Radar,
Sonar, Chart Plotter,
GPS)
(3) FLIR Cameras
Boating Safety and Enforcement Income
13.Revenue and Expenditures
Boat Tax Revenue 43,016.00
Other Revenue:
a)Other local revenue sources: (Example: launching facilities,
campgrounds, parking, anything that goes toward marine
patrol support)
65,173.16
b)Any State boating funding sources, including DBW
subvention:
573,463.00
TOTAL ANNUAL BOATING INCOME IN YOUR OPERATING
BUDGET
681,652.16
TOTAL EXPENDITURES FOR BOATING SAFETY AND
ENFORCEMENT
1,010,391.99
14.If you participated in the subvention program, were all allocated
funds expended in the previous closed year?
Yes No NA
If NO, state percentage of remaining funds.
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 40 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 40 of 4343
Budget Detail for Boating Safety and Enforcement Equipment Grant - FY 2020 / 21 Agency: Fresno County Sheriff's Office Application: Patrol Boat________________________________________________________________________________________________________________Budget Detail for Boating Safety and Enforcement Equipment Grant - FY 2020 / 21 Agency: Fresno County Sheriff's Office Application: Patrol Boat________________________________________________________________________________________________________________Line ItemQtyRateUOMTotalReq Amount1Patrol Boat / EquipmentLaw Enforcement Patrol Boats1.0000105222.000EA105,222.00105,222.00TOTAL EXPENDITURES105,222.00105,222.00Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020________________________________________________________________________________________________________________Page: 41 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020________________________________________________________________________________________________________________Page: 41 of 4343
Budget Summary for Boating Safety and Enforcement Equipment Grant - FY 2020 / 21 Agency: Fresno County Sheriff's Office Application: Patrol Boat________________________________________________________________________________________________________________Budget Summary for Boating Safety and Enforcement Equipment Grant - FY 2020 / 21 Agency: Fresno County Sheriff's Office Application: Patrol Boat________________________________________________________________________________________________________________CategoryTotalReq AmountNarrative1Patrol Boat / Equipment105,222.00105,222.00TOTAL EXPENDITURES105,222.00105,222.00Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020________________________________________________________________________________________________________________Page: 42 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020________________________________________________________________________________________________________________Page: 42 of 4343
Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________Exhibit G - BOATING SAFETY AND ENFORCEMENT EQUIPMENT GRANTEE APPLICATION__________________________________________________________________________
Applicant Certification
a.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 certify that I am the person authorized to submit this application on behalf of the applicant.
Name:Scott Weishaar
Title:Sheriff Sergeant
Date Signed:04/25/202
0
Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 43 of 4343Contract # C20L0612, Fresno County Sheriff's Office, Boating Safety and Enforcement Equipment Grant - FY 2020 / 21, Date: 09/17/2020
__________________________________________________________________________
Page: 43 of 4343