HomeMy WebLinkAboutDoc 349 - ATV Grant Program Agrmt - SODeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST &STAFF REPORT
For Board Business Meeting of June 26, 2013
DATE: June 13, 2013
FROM: Darryl Nakahira, Legal Counsel, Deschutes County Sheriff's Office
Phone: 541-617-3369
TITLE OF AGENDA ITEM:. Consideration of signature of Document No. 2013-349, an ATV
Grant Program Agreement.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This Agreement is between the State of Oregon, by and through its Oregon Parks and
Recreation Department, and Deschutes County, by and through its Sheriff's Office
(DCSO). Under ORS 390.180, the State and OCSO may enter into an agreement
concerning All Terrain Vehicle recreational opportunities and the State may make grants of
money to assist applicants in such projects. This ATV Grant Program Agreement will
provide funding for seasonal ATV patrol positions to patrol in the East Fort Rock OHV (Off
Highway Vehicle) trail system, Rosland Pit play area, North and South Millican and Edison
Butte OHV areas as well as the OOOT Pit play area located near Millican.
FISCAL IMPLICATIONS:
Over the 2-year grant period, the State of Oregon agrees to pay $207,400.00 and the match
contribution to be paid by the Sheriff's Office is $105,304.00.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign document 2013-349, ATV Grant Program Agreement.
ATTENDANCE: Capt. Shane Nelson or Lt. Scott Shelton, Sheriff's Office
DISTRIBUTION OF DOCUM't:NTS:
Call or email Pat Davis, Sheriff's Office Legal Assistant, x3367, when ready for pick up. Once
the document has been signed by the State, one original document will be sent back to the
Commissioners' office for processing.
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: June 13, 2013 Department: Sheriffs Office
Contractor/Supplier/Consultant Name: Oregon Parks and Recreation Department
Contractor Contact: Contractor Phone #:
Type of Document: Document No. 2013-349 is an ATV Grant Program Agreement
between the Sheriffs Office and the State of Oregon, by and through its Oregon Parks
and Recreation Department.
Goods and/or Services: The grant will provide funds for 4 seasonal ATV deputies and
associated equipment and training to provide continued law enforcement presence
within designated and dispersed riding areas in Deschutes County.
Background & History: As in previous grants through the State of Oregon's A TV
Grant Program, Document No. 2013-349 will allow for enhanced ATV-related patrol
services. This ATV Grant Program Agreement will provide funding for 4, full-time
seasonal ATV patrol positions to patrol in the East Fort Rock OHV (Off Highway
Vehicle) trail system, Rosland Pit play area, North and South Millican and Edison Butte
OHV areas as well as the ODOT Pit play area located near Millican.
Award Period: This is a 2-year grant, starting July 1, 2013 and ending June 30, 2015.
Annual Value or Total Payment: Over the 2-year grant period, the State of Oregon
agrees to pay $207,400.00 and the match contribution to be paid by the Sheriffs Office
is $105,304.00
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
k8J Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: Included in current budget? k8J Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? k8J Yes D No
6/13/2013
Special conditions attached to this grant: The Sheriff's Office agrees to comply with the
ATV Grant Program Rules found in ORS 390.550-390.590, OAR 736 .004.0005
736.004.0030, the ATV Grant Program Manual and all other State adopted policies,
guidelines and procedures.
Deadlines for reporting to the grantor: Progress Reports are required on a quarterly
basis during the project period.
Contact information for the person responsible for grant compliance :
Name: Lt. Scott Shelton, Sheriff's Office
Phone: 541-388-6655
Departmental Contact and Title: Lt . Scott Shelton
5 heriffs Ap p rova I: ----,I--......:=..---H-bL--+--+---
Pone #: 541-3 , 8-6655
Date
Distribution of Docum Calor email Pat Davis, Sheriff's Office Legal Assistant,
x3367, when ready for pick up. Once the document has been signed by the State, one
original document will be sent back to the Commissioners' office for processing.
Official Review:
County Signature Required (check one): ~ BOCC D Department Director (if <$25K)
D Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-'
Legal Review
Document Number 2013-349 ---=~~~-----
.DC 2 0 13 · 3 4 9
6113 /2013
COUNSEl----' Deschutes County Sheriff's Office
ATV Law Enforcement 2 year Grant #13-15
ATV GRANT PROGRAM AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Oregon acting by and through
its Oregon Parks and Recreation Department , hereinafter referred to as the "State " and the Deschutes
County Sheriff's Office, or designated representative , hereinafter referred to as the "Sponsor".
The parties agree to the following :
Under ORS 390 .180, the State and the Sponsor may enter into an agreement concerning All Terrain
Vehicle recreational opportunities, hereinafter, referred to as the "Project", and the State may make
grants of money to assist the Sponsor in such projects .
The Sponsor agrees to comply with the ATV Grant Program Rules found in ORS 390 .550 - 390.590 ,
OAR 736 .004 .0005 -736 .004 .0030 , the ATV Grant Program Manual and all other State adopted policies ,
guidelines and procedures .
The State has sufficient A TV Grant funds available within its current biennial budget and has authorized
the expenditure on the Sponsor's Project as defined below .
The purpose of this agreement is to set forth the obligations of both parties in the development of ATV
recreational opportunities , hereinafter called the "Project" which is described in the Sponsor's ATV Grant
Application . With this reference the ATV Grant Application is made a part of this agreement and more
speci fically describes the Sponsor's Project.
The Sponso r shall perform the services under this agreement as an independent contractor and shall
indemnify , defend, and hold harmless the State of Oregon and Oregon Parks and Recreation Department
and its officers , emp loyees, and agents from all claims , suits , actions , loses, damages , liabilities , costs
and expenses of any nature , resulting from , arising out of or relating to the activities of the Sponsor or the
Sponsors officers, employees, sub-contractors , or agents under this agreement, only to the extent
permitted by the Oregon Tort Claims Act and the Oregon Constitution Article XI , sec . 10. The State shall
be responsible for the acts, omissions , or negligence of its own officers, employees or agents , and only to
the extent permitted by the Oregon Tort Claims Act ORS 30 .260 -30 .300 and the Oregon Constitution
Art. XI , sec .7.
The Project has been reviewed and based on the Sponsor's representations is found to be feasible and
appropriate for funding .
Project Title : Deschutes County Sheriff's Office
Project Type: Law Enforcement - 2 year
Project Number: 13-15
Project Funding :
Grant. In accordance with the terms and conditions of this Agreement, OPRD shall provide Sponsor
$207,400 .00 or up to 80 percent of the total project cost, whichever amount is less , for the purposes
described under Project Description. Based on the Sponsor's estimated total project cost of $364,654.00 ,
OPRD shall use an initial reimbursement rate of 66 percent for submitted reimbursement requests.
Page 1 of 6 DC 2013-349
NOW, THEREFORE, the State and the Sponsor agree to the following:
Grant Funds: Supject to the approval of the Oregon Parks and Recreation Commission, the State shall
provide A TV Grant funds to the Sponsor to supplement the funding of the authorized Project. The State
shall not provide to the Sponsor, and the Sponsor shall not use any funds described in this section for
administration, overhead, or indirect costs whether or not related to this agreement.
Overpayments: In the event that the aggregate amount of money advanced and payments made to the
Sponsor exceed the allowable reimbursable costs for the Project, the Sponsor agrees to refund to the
State the amount paid in excess of such allowable expenses within forty-five (45) days of the final billing
for the Project or the completion date whichever is earlier.
Project Description: The scope of work will be completed as contained in the ATV Program Grant
Application. It will include, but is not limited to the following:
This grant proposal is designed to provide a continuing funding support for four full time seasonal
Deputies dedicated to OHV patrol within Deschutes County. The funds provided to this project will insure
a law enforcement presence within the many designated and dispersed riding areas within Deschutes
County. The Deschutes County Sheriff's Office OHV Program will operate from July 1, 2013 thru June 30,
2015.
AGREEMENT TERM AND PROJECT COMPLETION
Agreement Period: This Agreement period begins from the date that the last authorized representative
executed the Agreement to June 30, 2015 unless otherwise extended or terminated in accordance with
the terms and conditions of this Agreement.
Project Completion: The Project shall be completed by or before the expiration date of the agreement
and a final billing for the Project shall be submitted within forty-five (45) days of the expiration date of the
agreement. A final report must accompany the final billing. If the Project is not completed by the
expiration date the report shall contain an estimate of the percentage of completion of the abbreviated
Project.
PROJECT FUNDING, PROGRESS REPORTS, AND GRANT PAYMENTS,
DISBURSEMENTS
Conditions Precedent to a Disbursement: The Sponsor may bill for reimbursable expenditures quarterly
or at anytime during the agreement period with proper documentation. Prior to any disbursement for a
project, the Sponsor shall provide a copy of all necessary federal, state and local permits required for the
project. If the Sponsor requires the project or a portion of the project be awarded to a contractor, a copy
of the contractors performance bond in the amount of the contract from a surety company authorized to
do business in Oregon is required to be submitted to the State. The State will not reimburse the Sponsor
for any expenses incurred prior to the effective date of this agreement.
Advances: As stated in the Oregon Administrative Rule (OAR 736-004-0030) the Sponsor may request
an advance for a partial payment up to 25% of the ATV grant amount during the project period. Advances
may be paid at the discretion of the State. The full amount of any advance must be expended and
accounted for by the Sponsor, prior to any further disbursements to the Sponsor. The State may retain
10% of the total ATV grant amount as final payment until full documentation and all required reports are
received by the State. At no time will the State reimburse the Sponsor for more than the maximum
amount allowed by this agreement.
Conditions Precedent to Final Payment: The State shall not be obligated to make a final payment to the
Sponsor until all documentation and required reports are received, including the ID number or vehicle
identification number of any equipment purchased by the Sponsor. A final inspection will be made by the
State and the State will make the final payment to the Sponsor within forty-five (45) days of the receipt of
all reports, documents and the final inspection.
Page 2 of 6
Progress Reports: Progress Reports are required on a quarterly basis during the project period. The due
dates for Progress Reports are as follows:
Period beginning January 1, ending March 31, report is due on April 30.
Period beginning April 1 , ending June 30, report is due July 31.
Period beginning July 1, ending September 30, report is due October 31.
Period beginning October 1, ending December 31, report is due January 31.
Equipment: Equipment must be used as described in the Project description throughout its useful life.
The useful life is defined as 5 years from Project completion. Equipment purchased with ATV grant funds
must display a sticker supplied by the State, showing the A TV Grant funding source. The vehicle ID or a
serial number, together with a photograph of equipment purchased with A TV grant funds shall be
submitted to OPRD within 90 days of purchase. The Sponsor is responsible for maintaining all equipment
purchased under this agreement. The State must be notified prior to any sale or disposal of equipment
purchased under this agreement. The Sponsor agrees to return the equipment to the State for
redistribution to other OHV programs should the Sponsor end the project or OHV activities related to the
Project at any time during the equipment's useful life. The Sponsor is responsible for maintaining all
equipment purchased under this agreement.
SPONSOR COVENANTS
Matching Funds: The Sponsor shall contribute matching funds or the equivalent in labor, materials, or
services, which are shown as eligible match in the rules, policies and guidelines for the A TV Grant
Program. Volunteer labor used as match requires a log with the name of the volunteer, date volunteered,
hours worked, location worked at and rate used for match to be eligible.
Project Siqn: The Sponsor shall post in a conspicuous location at the Project site a sign identifying the
A TV funding and the State's participation in the Project.
Public Access to Project: The Sponsor shall allow open and unencumbered public access to the Project
to all persons without regard to race, color, religious or political beliefs, sex, national origin, or place of
primary residence.
Compliance with Workers Compensation Law: The Sponsor shall require that it's contractors or any sub
contractors, and all employers performing work on the Project be subject employers under the Oregon
Workers Compensation Law, and shall comply with ORS 656.017, which requires subject employers to
provide compensation coverage for all subject workers.
Record Maintenance: The Sponsor shall maintain all fiscal records relating to this agreement in
accordance with generally accepted accounting principles. Controls shall be established which are
adequate to ensure that all expenditures reimbursed under this agreement are for allowable purposes
and that documentation is readily available to verify that such charges are accurate.
Audit: The Sponsor shall allow the State or its authorized representative to inspect and review all records
related to this agreement whenever so requested by the State. The Sponsor shall retain and keep
accessible all such fiscal records for a minimum of three (3) years.
TERMINATION, REMEDIES, AND AMENDMENTS
Termination for Convenience: Either party, in writing may terminate this agreement in whole or in part, at
any time prior to the expiration date of this agreement. Neither party shall incur any new obligations for f
the terminated portion of this agreement and shall cancel as many obligations as possible. Full credit
shall be allowed for the non-cancelable obligations properly incurred up to the effective date of the
termination. The State reserves the right to cancel this agreement if no progress on the Project is made
within six months of the effective date of this agreement.
Page 3 of 6
I
Termination Due to Non-Appropriation or Project Ineligibility: The State and the Sponsor, upon thirty (30)
days written notice to the other party, may modify or terminate this agreement if the party fails to receive
funding or appropriations, limitations, or other expenditure authority at levels sufficient to pay the
allowable costs of the Project to be funded hereunder, or should state law, regulation or guidelines be
modified, changed or interpreted in such a way that the Project, or any portion of the Project is no longer
eligible for A TV grant funding.
Remedies: The State and the Sponsor shall have any and all rights and remedies available by law or in
equity.
Amendments: This agreement may only be amended or extended with an actual written amendment
signed by both parties. A request by the Sponsor for a time extension must include a compelling reason
for the extension and must be received by the State at least (30) thirty days prior to the expiration date of
this agreement. A request to increase the amount of grant funding for the Project must be approved by
the A TV Advisory Committee and must go through the A TV grant funding approval process. Neither the
State nor the Sponsor is obligated to fund any changes not approved in advance and in writing.
GENERAL PROVISIONS
Authorized Representatives: By signature below, the State and the Sponsor certify that the individuals
listed in this document as their representatives are authorized to act in their respective areas for matters
related to this agreement.
PartiCipation in Similar Activities: This agreement in no way restricts the Sponsor or the State from
participating in similar activities with other public or private agencies, organizations or individuals.
Duplicate Payment: The Sponsor shall not be compensated for or receive any other form of duplicate,
overlapping or multiple payments for the same work performed under this agreement from any agency of
the State of Oregon or the United States of America or any other party, organization or individual. All
Sponsor matching contributions to this agreement must be used and expended for this Project only and
within the Project period.
No Third Party Beneficiaries: The State and the Sponsor are the only parties to this agreement and are
the only parties entitled to enforce its terms. Nothing in this agreement gives, is intended to give, or shall
be construed to give or provide any benefit or right, whether directly or indirectly, to a third person unless
such a third person is individually identified by name herein and expressly described as intended
benefiCiary of the terms of this agreement.
Freedom of Information: Any information furnished under this agreement is subject to the Freedom of
Information Act (5 U. S. C. 552) and the Oregon Public Records Law (ORS 192.410-505).
Property Improvements: Improvements placed on the Sponsor's land at the direction of the parties and
shall be subject to the same regulations and administration of the Sponsor as other improvements of
similar nature.
Ownership: No part of this agreement shall entitle the State to any share or interest in the project other
than the right to use and enjoy the same under existing regulations of the Sponsor. The State is neither
responsible nor liable in any manner for the construction, operation or maintenance of the project.
,
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Page 4 of 6
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Notices: Written notices or communications to the State or Sponsor under this agreement will be
addressed and mailed to the following:
State: Sponsor:
Agreement Principal Contact: Project Principal Contract:
Pamela Berger Lt. Special Services, Scott Shelton
ATV Grant Contracts Coordinator Deschutes County Sheriffs Office
Oregon Parks and Recreation Department 63333 Hwy 20
725 Summer St NE Suite C Bend, OR 97701
Salem Oregon 97301·1271
Telephone: (503) 986·0785 Telephone: 541·388·6501
Fax: (503) 986·0794 Cell: 541408-2356
Email: Pamela. Berger@state.or.us Email: scotts@deschutes.org
Waiver Clause: THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE
STATE AND THE SPONSOR NO WAIVER CONSENT, MODIFICATION OR CHANGE OF THE TERMS
OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH
PARTIES. SUCH A WAIVER, CONSENT, MODIFICATION, OR CHANGE IF MADE SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS OR REPRESENTATIONS, ORAL OR WRITTEN,
NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. THE DELAY OR FAILURE OF THE
STATE TO ENFORCE ANY PROVISIONS OF THIS AGREEMENT SHALL NOT CONSTITUTE A
WAIVER BY THE STATE OF THAT PROVISION OR ANY OTHER PROVISION. THE RECIPIENT, BY
THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES
THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY its
TERMS AND CONDITIONS.
arties hereto have caused this agreement to be properly executed by their
ereinafter written.
Roger Roper, OPRD Asst. Director or Delegate
Title Date
Date Steve Kay, Grant Division Manager
Date
Prepared by: Pamela Berger. OPRD ATV Grant Contracts Coordinator
Page 5 of 6
Deschutes County Sheriffs Office
ATV Law Enforcement 2 year Grant #13·15
Reviewed and Approved for Legal Sufficiency (when applicable)
for grant over $150,000
Department of Justice Signature Date
FOR DESCHUTES COUNTY:
BOARD OF COUNTY COMMISSIONERS
Alan Unger. Chair
Tammy Baney. Vice-Chair
Anthony DeBone. Commissioner
Date
ATTEST:
Recording Secretary
Page 60'6