DocuSign Envelope lD: E1AC3F27-E27F-4A66-8AD9-56E0686D81 F2 State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
OFF-HIGHWAY ¡/OTOR VEHICLE RECREATION DIVISION
GRANTS AND COOPERATIVE AGREEMENTS PROGRAM
PROJECT AGREEMENT
PROJECTAGREEMENTNUMBER: G21-03-94-LO1 PROJECTTYPE: LAWENfOTCCMENT GRANTEE: City of Fresno Police Department
PROJECT TITLE: Law Enforcement
PROJECT PERFORMANCE PERIOD: FROM 11l01/2021 THROUGH 1013112022 MAXTMUM AMOUNT PAYABLE SHALL NOT EXCEED $31,844.00 (Thirty one Thousand Eight Hundred Forty Four and 00/100)
THIS PROJECT AGREEMENT is made and entered into, by and between the State of California, acting by and through the Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division ând Grantee.
The Grantee agrees to complete the project as described in the Project Description. The Grantee's Application, the Off-Highway Motor Vehicle Act of 2003 and the California Code of Regulations, Division 3, Chapter 15, Sections 4970-4970.26 are hereby incorporated into this agreement by reference.
The parties hereto agree to comply with the terms and conditions of the following attachments which by reference are made a part of the Project Agreement.
ATTACHMENT 1 - PROJECT COST ESTIMATE
ATTACHMENT 2 - GENERAL PROVISIONS
GRANTEESTATE OF CALIFORNIA
D SIGNATURE:AUTHORIZED SIGNATURE:
by:
ï)wolL
EAUTHORIZED NAME: Sixto J. Fernandez
Anthony Dewall
TITLE: LieutenantTITLE: Grants M
DATE: 111212021DATE:
CERTTFTCATTON OF FUNDING (FOR STATE USE ONLY)
CONTRACT NUMBER:FUND DESCRIPTION:
REPORTING
STRUCTURE
37900550
BU:
3790
t hereby certify upon my own personal knowtedge that budgeted funds are available for this encumbrance' SIGNATURE OF DPR ACCOUNTING OFFICER: DATE:
N/A
Vehicle Trust
PROGRAM
YEAR:
SUPPLIER ID NUMBER:
1707
ACTIVITY:
62677
CHARGE AMOUNT:
31,844.00
ACCOUNT:
5432000
CHAPTER:
6 ENY/STATUTE
2021 101
REFFUND:
0263
Contract # C32-33-093, C¡ty of Fresno Pol¡ce Department, Grants and Cooperative Agreements PtoÏam - 2021 , Date: 1012012021Page: I of 6 DocuSign Envelope lD: E1AC3F27-E27F-4466-84D9'56E0686D81 F2 Project Gost Estimate for
ATTACHMENT 1
Program - 2021
APPLICANT
NAME:City of Fresno Police DePartment
PROJECT
TITLE:
Law EnforcementPROJECT
NUMBER
(Division use
1 -03-94-101
PROJECT
TYPE:
F L"* Enforcement
F Development
F Restoration f: Education & Safety f Acquisition
F Ground operations F Planning
PROJECT
DESCRIPTION
The Project is to provide Off-Highway Vehicle (OHV) related Law Enforcement activities w1hin the jurisdiction of the City of Fresno Police Department. The activities may include, but are not limited to patrol, barrier installation, maps, search and rescue.
Project may also provide for the purchase of Equipment, Heavy Equipment, materials and supplies as outlined in the Project Cost Estimate. Grantee agrees that all Equipment and Heavy Equipment will be kept as part of their Equipment's inventory for the duration of the Equipment's useful life and may only be used on activities that are applicable to the Law Enforcement category per Section 4970.12 of the Grants and Cooperative Agreements Program Regulations. Grantee must obtain written Off-Highway Vehicle Motor Vehicle Recreation (OHMVR) Division approval prior to disposition of all Grant related purchased Equipment and/or Heavy Equipment.
Grantee is required to provide a minimum of twenty-five (25) percent of the total Project cost in matching funds
Line ltemQtvRateUOMTotalGrant Req.Match
DIRECT EXPENSES
Program Expenses
1Staff
1. Staff-Overtime for
Police Officers
Notes :The Fresno
Police Department has
dedicated two
full-time traffic officers
who are assigned to
patrolthe
undeveloped areas of
the City of Fresno and
the area
surrounding the San
Joaquin River. These
officers provide
475.667
0 66.946HRS31,844.0031,844.000.00
Contract # C32-33-093, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2021, Date: 1012012021Page: 2 of 6 DocuSign Envelope lD: El AC3F27-E27F-4466-84D9-56E0686D8'l F2 ProjectGost Estimate for
ATTACHMENT I
Program - 2021
Line ltemQtvRateUOMTotalGrant Req.Match
daily coverage
throughout the week
and every other
weekend, primarily
during daytime hours.
Because the
surrounding the
Joaquin River is
bordered to the
north by the County of
Madera, that portion
under the
iction of the
Madera County Sheriff's
Department.
As such, the two Fresno
Police Department
officers
dedicated to patrol this
area spend
approximately 25o/o
percent of their patrol
time on the San Joaquin
River
patrolling the section
is under the
iction of the
Fresno County. Any
illegal activity observed
the north will be
reported to Madera
County Sheriffs
Department. We
anticipate that with the
requested additional
funding, that we would
be able to increase our
Contract # C32-33-093, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2021, Date: 1012012021Page: 3 of 6 DocuSign Envelope lD: E1AC3F27-E27F-4466-8AD9-56E0686D81 F2 ATTACHMENT 1
Proiect Cost Estimate for Grants and Cooperat¡ve Agreements ' Agency: Gity of Fresno Police Department Ãppliðation: Law Enforcement
Program - 2021
Line ltemQtvRateUOMTotalGrant Req.Match
patroltime by
approximately 50o/o.
2. Staff-Straight time for
extra Patrol
Notes :The Fresno
Police Department has
dedicated two
full-time traffic officers
who are assigned to
patrol the
undeveloped areas of
the City of Fresno and
the area
surrounding the San
Joaquin River. These
officers provide
daily coverage
throughout the week
and every other
weekend, primarily
during daytime hours.
Because the
area surrounding the
San Joaquin River is
bordered to the
north by the County of
Madera, that portion
falls under the
jurisdiction of the
Madera County Sheriff's
Department.
As such, the two Fresno
Police Department
officers
dedicated to patrol this
area spend
237.837
0 44.630HRS10,615.000.0010,615.00
Contract # C32-33-093, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2021, Date: 1012012021Page: 4 of 6 DocuSign Envelope lD: E1AC3F27-E27F-4466-8AD9-56E0686D81 F2 ProjectGost Estimate for Grants and Goo
City of Fresno
perative Agreements Program - 2021
Police Department
ATTACHMENT I
LawEnforcement
Line ltemotvRateuoMTotalGrant Req.Match
approximately 25o/o
percent of their patrol
time on the San Joaquin
River
patrolling the section
that is under the
jurisdiction of the
Fresno County. Any
illegal activity observed
to the north will be
reported to Madera
County Sheriffs
Department. We
anticipate that with the
requested additional
funding, that we would
be able to increase our
patroltime by
approximately 50%.
Total for Staff42,459.0031,844.0010,615.00
2Contracts
3Materials / Supplies
4Equipment Use Expenses
5Equipment Purchases
6Others
TotalExpenses42,459.0031,844.0015.00
TOTAL DIRECT EXPENSES42,459.0031,844.0010,615.00
INDIRECT EXPENSES
lndirect Costs
1lndirect Gosts
Total lndirect Costs0.000.000.00
TOTAL INDIRECT EXPENSES0.000.000.00
Contract # C32-33-093, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2021, Date: 1012012021Page: 5 of 6 DocuSign Envelope lD: E1AC3F27-E27F-4A66-8AD9-5680686D81 F2 ProjectCost Estimate for
ATTACHMENT I
Program - 2021
Line ltemowl RateUOMTotalGrant Req.Match
TOTAL EXPENDITURES42,459.0031,844.0010,615.00
TOTAL PROJEGTAWARD31,844.00
Contract # C32-33-093, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2021, Date: 1012012021Page: 6 of 6 DocuSign Envelope lD: E1AC3F27-E27F4466-BAD9-56E0686D81F2 Project Agreement General Provisions
(Nonfederal APP|icants OnlY)
A. Definitions
L The term "State" as used herein means the State of California, Department of Parks and Recreation.
2. The term "Act" as used herein means the Off-Highway Motor Vehicle Recreation Act of 2003 as amended.
3. The term "Project" as used herein means the Project described in Attachment 1 of this Agreement and in the APPlication.
4. The term "Application" as used herein means the individual Project Application and attachments required pursuant to the enabling legislation, regulations, and/or Grant program, which is incorporated into this Agreement by reference' S. The term "Project Agreement" as used herein means the Application and the Project Agreement and its General Provisions.
6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of the Project Agreement.
B. Project Execution
1. Subject to the appropriation and availability of Grant funds in the state budget, the State frerény awards io thè Crantee the sum of money (Grant money) stated on page 1 of the erojeót Agreement in consideration of and on condition that the sum be expended in carrying olt tfre purposes as set forth in the Project Description on Attachment 1 of the projêct Agreement and the terms and conditions set forth in this Agreement.
The Grantee assumes the obligation to furnish any additional funds that may be necessary to complete or carry out the Project as described. Any modifìcation or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for äpproval. The State's obligation to make Grant payments is limited to the Project as provided for herein, or as modified with the approval of the State'
2. The Grantee agrees to complete the Project in accordance with the Project performance period set fortlion page I oi the Project Agreement, and under the terms and conditions of this agreement.
3. lf the Project includes development, the development plans, specifications and estimates or Force Account Schedule snait Oe reviewed and approved by the State prior to the Grantee proceeding with the Project. Unless the development plans, specifications and estimates äre approùeO by the Státe, the State shall have no obligation to make Grant payments for the work.
The Grantee shall comply with all applicable current laws and regulations affecting .
Development Projects, including, but not limited to, legal requirements for construction contraits, buildin! codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. ln addition, the Grantee shall complete the development work in accordance with the State-approved development plans, specifications, and estimates or Force Account Schedule.
4. The Grantee shall make property or facilities acquired and/or developed pursuant to this Agreement available for inspection upon request by the State to determine if development work is in accordance with the approved plans, specifications and estimates or Force Account Schedule' including a final inspection upon Project completion.
5. lf the Project includes acquisition of real property, the cost of which is to be reimbursed with Grant moneys under this Agreement, the acquisition shall comply with Chapler 16 (commencing with Section IZAO¡ ot Division 7 of Title 1 of the Government Code and any Appendix (Rev. 1/19)
DocuSign Envelope lD: E1AC3F27-E27F-4466-BAD9-56E0686D81 F2 other applicable federal, state, or local laws or ord¡nances. Documentation of such comptiánce will be made available for review by the State upon request. Eminent domain may not be used to acquire property using the Grant funds provided by this Agreement.
6. lf the Project includes acquisition of real property, the purchase price shall be the fair market válue of such property as establishe.d by an appraisal completed according to established current appraisai practices and methods as approved by both the Grantee and the State. The Grantee agrees to furnish the State with additional supportive appraisal mate¡al or justification as may be requested by the State to complete its review and approval of the fair market value.
The Grantee agrees to furnish the State with preliminary title reports-respecting such real property or suc-h other evidence of title which is determined to be suffìcient by the State, Îfré Cràntee agrees to correct prior to or at the close of escrow any defects of title which in the opinion of the state might interfere with the operation of the Project.
Project Costs
1. The Grant moneys to be provided to the Grantee under this Agreement shall þe disbursed as follows, but nót to exceed in any event one-hundred (100) percent of the allowable project costs or the State Grant amount as set forth on page 1 of this Agreement, whichever is less:
2. lf the Project includes acquisition of real property, the State shall _disburse to the Grantee the Grani moneys as follows, but not to exceed in any event the State Grant amount set forth on page 1 of this Agreement.
The State will disburse the amount of the State-approved purchase price together with State- approved costs of acquisition. Funds for acquisition shall only be released into an escrow account established for the acquisition.
D. ProjectAdministration
1. The Grantee shall promptly submit such progress, performance or other reports concerning the status of work þertormèO on the Project as the State may request. ln any event, the Grantee shall provide the State a report showing total final Project expenditures including State and all other moneys expended within one hundred-twenty (120) days after completion of the Project.
2. The Grantee shall make property and facilities maintained, operated, acquired or developed pursuant to this Agreement available for inspection by the state upon request.
3. The Grantee may be provided advanced payments for Grants. The Grantee shall place such moneys in ä separate interest-bearing account, if legally able to do so, setting up and identifying éuch account prior to the advance. lnterest earned on Grant moneys shall be used ón tie Project or paid to the State. lf Grant moneys are advanced and not expended, the unused portion of the Grant (plus interest) shall be returned to the State within one hundred-twenty (120) days of completion of the Project or end of the Project performance period, whichever is earlier.
lncome, after deduction for reasonable expenses associated with that income, that is earned by the Grantee from a State-approved non-recreational use on an acquisition project, subsequent to taking title by the Grantee, but before use for OHV Recreation, must be used by the Grantee for recreational purposes at the Project'
4. The Grantee shall use any moneys advanced by the State under the terms of this agreement solely for the Project herein described.
S. The Grantee will provide and maintain a sign on the Project site that identifies the funding source (Off-Highway Vehicle Fund) and the administering agency (California State Department of Parks and Recreation).
c
Appendix (Rev. l/19)
DocuSign Envelope lD: E'14C3F27-E27F¿466-84D9-56E0686D81 F2 E.
6. Equipment must be used solely for OHV-related purposes unless the Applicant is funding thä portion of the purchase priðe not dedicated to OHV purposes, and that portion is not part ofthe total project cost.
Project Termination
1. The Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project. After Project commencement this Agreement may be rescinded, modified or amended by mutual agreement in writing.
2. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under thé Act may be cause for suspension of all obligations of the State hereunder and reimbursement to the State of any Grant moneys already provided to the Grantee.
However, such failure shall not be cause for the suspension of all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault and beyond the control of the Grantee to prevent, mitigate or remedy.
3. Because the benefit to be derived by the State from the full compliance by the Grantee with the terms of this Agreement is the operation, development, preservation, protection and net increase in the quãntity and quality of public outdoor recreation facilities available to the people of the State of ôalifornia, and because such benefit exceeds to an immeasurable änd'unascertainable extent the amount of money furnished by the State by way of Grant moneys under the terms of this Agreement, the Grantee agrees that payment by the Grantêe to the State of an amouni equal to the amount of the Grant moneys disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement.
4. The Grantee further agrees, therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific perform€nce of this Agreement, uñless othen¡¡ise agreed'to by the State. Notwithstanding the foregoing, in the event of a breach of this Agreément, or any portion thereof, which is due to no fault and beyond the control of the Grantee to preveni, mitigate, or remedy, the State's sole remedy shall be the reimbursement of any funds advanceð or paid that pertain to the breached term or terms of this Agreement.
Hold Harmless
1. The Grantee hereby waives all claims and recourse against the State including the right to contribution of loss of damage to persons or property arising from, growing out of or in any way connected with or incidént to this Agreement except claims arising from the concurrent or sole negligence of the State, its officers, agents and employees'
2. The Grantee shall protect, indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or tiãnitity costs aiising out of tne acquisition, development, conslruction, operation or maintenance of the property OesciiOed as the Project which claims, demands or causes of action arise under Govórnment Ceode Section 895.2 or otherwise except for liability arising out of, and attributable to, the concurrent or sole negligence of the State, its officers, or employees.
3. ln the event the State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney's fees.
4. ln the event of judgment against the State and the Grantee because of the concurrent negligence of tire State and the Grantee, their officers, agents, or employees, an apõo-rtionrent of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither pariy shall request, and each party hereby waives its right to, a jury apportionment.
F
Appendix (Rev. 1/19)
DocuSign Envelope lD: E1 AC3F27 -E27F-4A66-8AD9-56E06B6DBl F2 L
G. Financial Records
1. The Grantee shall retain for inspection all fìnancial accounts, documents, and records for three (3) years from the expiration date of the Project Agreement, or three (3) years from the start of an audit engagement, whichever comes first, and until an audit started during the three (3) years is cõmpteteO, a report published and any Audit findings are resolved .
and/or paymént or other cbrrection made with regard to any Audit findings contained in the final Audit rePort.
2. During regular office hours each party hereto and their duly authorized representatives shall have [he ight to ¡nspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.
H. Use of Facilities
1. The Grantee shall, without cost to the State, except as may be otherwise provided in this Agreement or any other Grant agreement, operate and,maintain the property acqu.ired or dãveloped pursuánt to this Agreement in the manner of and according to the Off-Highway Motor Vehicle Recreation Act and any related regulations, or any other applicable provisions of law.
2. Use of the facilities shall comply with all applicable laws, including, but not limited to, the requirements for registration of-all day use-vehicles with the Department of Motor Vehicles or identified under the Chappie-Z'berg Off-Highway Motor Vehicle Law of 1993' l. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Agreement.
2. The Grantee shall not discriminate against any person on the basis of residence except to the efent that reasonable differenceè in admission or other fees may be maintained on the basis of residence and pursuant to law.
J. Application lncorPoration
1. The Application and any subsequent change or addition approved by the State is hereby incorporated in this Agreement as though set forth in full in this Agreement.
K. Severability
lf any provision of this Agreement or the application thereof is held invalid, that invalidity shalinot affect other proúisions or applications of this Agreement which can be given effect without the inval6 provision or application, and to this end the provisions of this Agreement are severable.
Governing Law
1. This Agreement shall be construed in accordance with and be governed by the laws of the State oJ California. Any legal action arising out of the terms of this Agreement shall take place in the county wnéreiñ the Project funded by this Agreement is located. lf the Project is located in or among two or more counties, any legal action shall be taken in the county wherein the largest land area of the Project is located.
2. The Grantee shall comply with all Federal, State, and/or Local laws, regulations, ordinances and executive orders that are applicable during the performance period.
Appendix (Rev. l/19)
tlocuSign'
Gertificate Of Completion
Envelope ld: E1AC3F27E27F4A668AD956E06B6DB1 F2
subject: G21-03-94-L01 Grants and cooperatives Agreements Program Project Agreement Template Code:
Source Envelope:
Document Pages: 10 Signatures: I
Certificate Pages: 5 lnitials: 0
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
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Status: Original
1012012021 11:47:06 AM
Security Appliance Status: Connected
Storage Appliance Status: Connected
Signer Events
Anthony Dewall
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 111212021 12:35:45 PM
I D: b79680 1 1 -f284-4d1 4-BSb4-9b52a307e6ee
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Holder: Nancy Saechao
[email protected]
Pool: StateLocal
Pool: California State Department of Parks and
Recreation
Signature
Status: Completed
Envelope Originator:
Nancy Saechao
1416 gth Street, Room 950
Sacramento, CA 95814
[email protected]
lP Address: 98.36. 1 33.82
Location: DocuSign
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Timestamp
Senl:, 1012012021 11:55:36 AM
Resent: 111212021 10:13:03 AM
Resent: 111212021 12:54:57 PM
Viewed: 1 1 1212021 12:58:44 PM
Signed: 111212021 12:59:29 PM
Timestamp
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Senl: 10120/2O21 11:55:36 AM
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1012012021 1l:55:36 AM
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Electronic Record and Signature Disclosure created on: 4125120'18 l0:52:43 AM Parties agreed to: AnthonY Dewall
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