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State of California - The Resources Agency OFF-HIGHWAY MOTOR VEHICLE RECREATION DIVISION
DEPARTMENT OF PARKS AND RECREATION GRANTS AND COOPERATIVE AGREEMENTS PROGRAM
PROJECT AGREEMENT
__________________________________________________________________________________________ PROJECT AGREEMENT NUMBER: G23-03-94-L01 PROJECT TYPE: Law Enforcement __________________________________________________________________________________________ GRANTEE: City of Fresno Police Department
__________________________________________________________________________________________ PROJECT TITLE: Law Enforcement
__________________________________________________________________________________________ PROJECT PERFORMANCE PERIOD: FROM 01/01/2024 THROUGH 12/31/2024 __________________________________________________________________________________________ MAXIMUM AMOUNT PAYABLE SHALL NOT EXCEED $17,406.00 (Seventeen Thousand Four Hundred Six and 00/100)
__________________________________________________________________________________________ THIS PROJECT AGREEMENT is made and entered into, by and between the State of California, acting by and through the Department of Parks and Recreation, Off-Highway Motor Vehicle Recreation Division and Grantee.
The Grantee agrees to complete the project as described in the Project Description. The Grantee's Application, the Off-Highway Motor Vehicle Act of 2003 and the California Code of Regulations, Division 3, Chapter 15, Sections 4970-4970.26 are hereby incorporated into this agreement by reference.
The parties hereto agree to comply with the terms and conditions of the following attachments which by reference are made a part of the Project Agreement.
ATTACHMENT 1 - PROJECT COST ESTIMATE
ATTACHMENT 2 - GENERAL PROVISIONS
GRANTEE STATE OF CALIFORNIA
AUTHORIZED SIGNATURE: AUTHORIZED SIGNATURE:
AUTHORIZED NAME: AUTHORIZED NAME: Jennifer Grady
TITLE: TITLE: Grants Manager
DATE: DATE:
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
CONTRACT NUMBER: SUPPLIER ID NUMBER: FUND DESCRIPTION:
C32-35-083 0000011707 Off-Highway Vehicle Trust Fund
REPORTING
STRUCTURE:
ACCOUNT: ACTIVITY: CHARGE AMOUNT: PROGRAM:
37900550 5432000 62685 17,406.00 2855
BU: REF: FUND: CHAPTER: ENY/STATUTE FISCAL YEAR:
3790 101 0263 12 2023 2023/2024
I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF DPR ACCOUNTING OFFICER: DATE:
N/A
Contract # C32-35-083, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2023, Date: 11/17/2023 __________________________________________________________________________ Page: 1 of
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ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2023 Agency: City of Fresno Police Department
Application: Law Enforcement
APPLICANT
NAME : City of Fresno Police Department
PROJECT
TITLE :
Law Enforcement PROJECT
NUMBER
(Division use
only) :
G23-03-94-L01
PROJECT
TYPE :
Law Enforcement
Restoration
Education & Safety
Acquisition
Development
Ground Operations
Planning
PROJECT
DESCRIPTION :
The Project is to provide Off-Highway Vehicle (OHV) related Law Enforcement activities within the jurisdiction of the City of Fresno Police Department. The activities may include, but are not limited to Law Enforcement patrol, installation of signs, placement of barriers, creation of maps, and search and rescue.
The Project may also provide for the purchase of Equipment, materials, and supplies as outlined in the Project Cost Estimate.
Grantee must provide a minimum of twenty-five (25) percent of the total Project cost in matching funds.
Line Item Qty Rate UOM Total Grant Req. Match
DIRECT EXPENSES
Program Expenses
1 Staff
1. Staff-Staff Overtime
for Police Officers
Notes : 1. Staff-
Overtime for Police
Officers
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
100.000
0 80.670 HRS 8,067.00 8,067.00 0.00
Contract # C32-35-083, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2023, Date: 11/17/2023 __________________________________________________________________________ Page: 2 of
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ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2023 Agency: City of Fresno Police Department
Application: Law Enforcement
Line Item Qty Rate UOM Total Grant Req. Match
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
approximately 25%
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 Sheriff's
Department. We
anticipate that with the
requested additional
funding, that we would
be able to increase our
patrol time by
Contract # C32-35-083, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2023, Date: 11/17/2023 __________________________________________________________________________ Page: 3 of
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ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2023 Agency: City of Fresno Police Department
Application: Law Enforcement
Line Item Qty Rate UOM Total Grant Req. Match
approximately 50%.
2. Staff-Staff Overtime
for Sergeant
Notes : 2. Staff-
Overtime for Sergeant
Notes : The Fresno
Police Department has
a dedicated sergeant
who supervises and
participates along with
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.
44.6300 97.220 HRS 4,339.00 4,339.00 0.00
3. Staff-Staff Straight
Time for Extra Patrol
Notes : 3. Staff-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
107.880
0 53.780 HRS 5,802.00 0.00 5,802.00
Contract # C32-35-083, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2023, Date: 11/17/2023 __________________________________________________________________________ Page: 4 of
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ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2023 Agency: City of Fresno Police Department
Application: Law Enforcement
Line Item Qty Rate UOM Total Grant Req. Match
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
approximately 25%
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 Sheriff's
Department. We
anticipate that with the
requested additional
funding, that
we would be able to
increase our patrol time
by
Contract # C32-35-083, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2023, Date: 11/17/2023 __________________________________________________________________________ Page: 5 of
6 DRAFT
ATTACHMENT 1
Project Cost Estimate for Grants and Cooperative Agreements Program - 2023 Agency: City of Fresno Police Department
Application: Law Enforcement
Line Item Qty Rate UOM Total Grant Req. Match
approximately 50%.
Total for Staff 18,208.00 12,406.00 5,802.00
2 Contracts
3 Materials / Supplies
4 Equipment Use Expenses
5 Equipment Purchases
1. Equipment
Purchases-Dual Sport
Motorcycle (used 100%)
Notes : (2) dual sport
motorcycles to replace
older motorcycles
acquired in 2009 and
2011. These older
vehicles have high
maintenance and repair
costs.
1.0000 5000.000 EA 5,000.00 5,000.00 0.00
6 Others
Total Program Expenses 23,208.00 17,406.00 5,802.00
TOTAL DIRECT EXPENSES 23,208.00 17,406.00 5,802.00
INDIRECT EXPENSES
Indirect Costs
1 Indirect Costs
Total Indirect Costs 0.00 0.00 0.00
TOTAL INDIRECT EXPENSES 0.00 0.00 0.00
TOTAL EXPENDITURES 23,208.00 17,406.00 5,802.00
TOTAL PROJECT AWARD 17,406.00
Contract # C32-35-083, City of Fresno Police Department, Grants and Cooperative Agreements Program - 2023, Date: 11/17/2023 __________________________________________________________________________ Page: 6 of
6 Appendix (Rev. 1/19)
Project Agreement General Provisions
(Nonfederal Applicants Only)
A. Definitions
1. The term “State” as used herein means the State of California, Department of Parks and Recreation.
2. The term “Act” as used herein means the Off-Highway Motor Vehicle Recreation Act of 2003 as amended.
3. The term “Project” as used herein means the Project described in Attachment 1 of this 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.
5. The term “Project Agreement” as used herein means the Application and the Project Agreement and its General Provisions.
6. The term “Grantee” as used herein means the party described as the Grantee on page 1 of the Project Agreement.
B. Project Execution
1. Subject to the appropriation and availability of Grant funds in the state budget, the State hereby awards to the Grantee the sum of money (Grant money) stated on page 1 of the Project Agreement in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Project Description on Attachment 1 of the Project Agreement and the terms and conditions set forth in this Agreement.
The Grantee assumes the obligation to furnish any additional funds that may be necessary to complete or carry out the Project as described. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. The State’s obligation to make Grant payments is limited to the Project as provided for herein, or as modified with the approval of the State.
2. The Grantee agrees to complete the Project in accordance with the Project performance period set forth on page 1 of the Project Agreement, and under the terms and conditions of this agreement.
3. If the Project includes development, the development plans, specifications and estimates or Force Account Schedule shall be reviewed and approved by the State prior to the Grantee proceeding with the Project. Unless the development plans, specifications and estimates are approved by the State, the State shall have no obligation to make Grant payments for the work.
The Grantee shall comply with all applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. In addition, the Grantee shall complete the development work in accordance with the State-approved development plans, specifications, and estimates or Force Account Schedule.
4. The Grantee shall make property or facilities acquired and/or developed pursuant to this Agreement available for inspection upon request by the State to determine if development work is in accordance with the approved plans, specifications and estimates or Force Account Schedule, including a final inspection upon Project completion.
5. If the Project includes acquisition of real property, the cost of which is to be reimbursed with Grant moneys under this Agreement, the acquisition shall comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any Appendix (Rev. 1/19)
other applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review by the State upon request. Eminent domain may not be used to acquire property using the Grant funds provided by this Agreement.
6. If the Project includes acquisition of real property, the purchase price shall be the fair market value of such property as established by an appraisal completed according to established current appraisal practices and methods as approved by both the Grantee and the State. The Grantee agrees to furnish the State with additional supportive appraisal material or justification as may be requested by the State to complete its review and approval of the fair market value.
The Grantee agrees to furnish the State with preliminary title reports respecting such real property or such other evidence of title which is determined to be sufficient by the State.
The Grantee agrees to correct prior to or at the close of escrow any defects of title which in the opinion of the State might interfere with the operation of the Project.
C. Project Costs
1. The Grant moneys to be provided to the Grantee under this Agreement shall be disbursed as follows, but not to exceed in any event one-hundred (100) percent of the allowable Project costs or the State Grant amount as set forth on page 1 of this Agreement, whichever is less:
2. If the Project includes acquisition of real property, the State shall disburse to the Grantee the Grant moneys as follows, but not to exceed in any event the State Grant amount set forth on page 1 of this 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. Project Administration
1. The Grantee shall promptly submit such progress, performance or other reports concerning the status of work performed on the Project as the State may request. In any event, the Grantee shall provide the State a report showing total final Project expenditures including State and all other moneys expended within one hundred-twenty (120) days after completion of the Project.
2. The Grantee shall make property and facilities maintained, operated, acquired or developed pursuant to this Agreement available for inspection by the State upon request.
3. The Grantee may be provided advanced payments for Grants. The Grantee shall place such moneys in a separate interest-bearing account, if legally able to do so, setting up and identifying such account prior to the advance. Interest earned on Grant moneys shall be used on the Project or paid to the State.
If Grant moneys are advanced and not expended,
the unused portion of the Grant (plus interest) shall be returned to the State within one hundred-twenty (120) days of completion of the Project or end of the Project performance period, whichever is earlier.
Income, after deduction for reasonable expenses associated with that income, that is earned by the Grantee from a State-approved non-recreational use on an acquisition Project, subsequent to taking title by the Grantee, but before use for OHV Recreation, must be used by the Grantee for recreational purposes at the Project.
4. The Grantee shall use any moneys advanced by the State under the terms of this agreement solely for the Project herein described.
5. The Grantee will provide and maintain a sign on the Project site that identifies the funding source (Off-Highway Vehicle Fund) and the administering agency (California State Department of Parks and Recreation).
Appendix (Rev. 1/19)
6. Equipment must be used solely for OHV-related purposes unless the Applicant is funding the portion of the purchase price not dedicated to OHV purposes, and that portion is not part of the total project cost.
E. Project Termination
1. The Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project. After Project commencement this Agreement may be rescinded, modified or amended by mutual agreement in writing.
2. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder and reimbursement to the State of any Grant moneys already provided to the Grantee.
However, such failure shall not be cause for the suspension of all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault and beyond the control of the Grantee to prevent, mitigate or remedy.
3. Because the benefit to be derived by the State from the full compliance by the Grantee with the terms of this Agreement is the operation, development, preservation, protection and net increase in the quantity and quality of public outdoor recreation facilities available to the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant moneys under the terms of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant moneys disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement.
4. The Grantee further agrees, therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State. Notwithstanding the foregoing, in the event of a breach of this Agreement, or any portion thereof, which is due to no fault and beyond the control of the Grantee to prevent, mitigate, or remedy, the State’s sole remedy shall be the reimbursement of any funds advanced or paid that pertain to the breached term or terms of this Agreement.
F. Hold Harmless
1. The Grantee hereby waives all claims and recourse against the State including the right to contribution of loss of damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement except claims arising from the concurrent or sole negligence of the State, its officers, agents and employees.
2. The Grantee shall protect, indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the Project which claims, demands or causes of action arise under Government Ccode Section 895.2 or otherwise except for liability arising out of, and attributable to, the concurrent or sole negligence of the State, its officers, or employees.
3. In the event the State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney’s fees.
4. In the event of judgment against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request, and each party hereby waives its right to, a jury apportionment.
Appendix (Rev. 1/19)
G. Financial Records
1. The Grantee shall retain for inspection all financial accounts, documents, and records for three (3) years from the expiration date of the Project 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 completed, a report published and any Audit findings are resolved and/or payment or other correction made with regard to any Audit findings contained in the final Audit report.
2. During regular office hours each party hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto.
H. Use of Facilities
1. The Grantee shall, without cost to the State, except as may be otherwise provided in this Agreement or any other Grant agreement, operate and maintain the property acquired or developed pursuant to this Agreement in the manner of and according to the Off-Highway Motor Vehicle Recreation Act and any related regulations, or any other applicable provisions of law.
2. Use of the facilities shall comply with all applicable laws, including, but not limited to, the requirements for registration of all day use-vehicles with the Department of Motor Vehicles or identified under the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1993.
I. Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Agreement.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
J. Application Incorporation
1. The Application and any subsequent change or addition approved by the State is hereby incorporated in this Agreement as though set forth in full in this Agreement.
K. Severability
1. If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
L. Governing Law
1. This Agreement shall be construed in accordance with and be governed by the laws of the State of California. Any legal action arising out of the terms of this Agreement shall take place in the county wherein the Project funded by this Agreement is located. If the Project is located in or among two or more counties, any legal action shall be taken in the county wherein the largest land area of the Project is located.
2. The Grantee shall comply with all Federal, State, and/or Local laws, regulations, ordinances and executive orders that are applicable during the performance period.