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Deschutes 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 July 22, 2009
DATE: July 6, 2009
FROM: Sue Brewster, Legal Counsel, Deschutes County Sheriff's Office
Phone: 385 -1714
TITLE OF AGENDA ITEM:
Document No. 2009 -398: Grant Award: ATV Grant Program Agreement, Grant #09 -34 from the
State of Oregon, by and through its Oregon Parks and Recreation Department.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This Agreement is made between the State of Oregon, by and through its Oregon Parks and
Recreation Department, and the Deschutes County Sheriff's Office (DCSO). Under ORS 390.180,
the State and DCSO 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 ODOT Pit play area located near
Millican.
FISCAL IMPLICATIONS:
This grant will provide enhanced ATV - related patrol services by covering the personnel costs for the
seasonal ATV deputies. It will also allow the purchase of a new ATV and trailer, and will cover
maintenance costs for both the current equipment and the equipment to be purchased with this grant.
The State of Oregon agrees to pay $177,817.90 and the match contribution to be paid by the Sheri 'r s
Office is $72,246.60 over the 2 -year grant period.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign document 2009 -238, ATV Grant Program Agreement.
ATTENDANCE: Captain Marc Mills, DCSO
DISTRIBUTION OF DOCUMENTS:
Return signed originals to Sue Brewster, Legal Counsel at DCSO, for distribution.
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: July 6, 2009 Department: DCSO
Contact Person: Sue Brewster Phone #: 385 -1714
Contractor /Supplier /Consultant Name: N/A
Goods and/or Services: Document No. 2009 -398 is an ATV Grant Program Agreement from
the State of Oregon, by and through its Oregon Parks and Recreation Department. The grant
will provide funds for seasonal ATV deputies, the purchase of a new ATV and trailer, and for
the maintenance of both the current ATV - related patrol services equipment and the new
equipment.
Background & History: As in previous grants through the State of Oregon's ATV Grant
Program, Document No. 2009 -398 will allow for enhanced ATV- related patrol services. 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 ODOT Pit play area
located near Millican.
Agreement Starting Date: July 1, 2009
Ending Date: June 30, 2011
Annual Value or Total Payment: The State of Oregon agrees to pay $177,817.90 and the
match contribution to be paid by the Sheriff's Office is $72,246.60 over the 2 -year grant period.
Check all that apply:
RFP, Solicitation or Bid Process
❑ Informal quotes ( <$150K)
® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? E Yes ❑ No
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.
7/8/2009
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a
grant - funded position so that this will be noted in the offer letter: ❑ Yes ❑ No N/A
Contact information for the person responsible for grant compliance:
Name: Capt. Marc Mills
Phone #: 388 -6657
Departmental Contact: Sue Brewster
Title: County Legal
Sheriffs Approval:
Phone #: 385 -1714
7- (-
Date
Distribution of Document: Return signed originals to Sue Brewster, Legal Counsel at
DCSO, for distribution.
Official Review:
County Signature Required (check one): ® BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review
Document Number
2009 -398
Date 2_ °t a'c7
7/8/2009
REVIEW.O
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Deschutes County Sheriffs Office
ATV Grant 09 -34
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 ATV 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
specifically describes the Sponsor's Project.
The Sponsor 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, employees, and agents from all claims, suits, actions, loses, damages, liabilities, costs
and expenses of any nature, resuthng from, arising out of or relating to the activities of the Sponsor or the
Sponsors officers, employees, sub - contractors, or agents under this agreement The State shall be
responsible for the ads, omissions, or negligence of its own officers, employees or agents, and only to
the extent permitted by the Oregon Tort Claims Act ORS 30260 — 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 ATV Grant
Project Type: Law Enforcement
Project Number. ATV 09-34
Protect Funding:
Grant Amount The State agrees to pay to the Sponsor ;177,817.90 or 71.11% of the total cost of
the project, or whichever amount is less from the monies available in the M Terrain Vehicle
Account.
The total cost of the entire ATV project covered by this agreement is $250,064.50
The value of the match contribution by the Sponsor for this project is $72,246.60
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NOW, THEREFORE, the State and the Sponsor agree to the following:
Grant Funds: Subject to the approval of the Oregon Parks and Recreation Commission, the State shall
provide ATV 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 will provide for continued salaries, equipment, and equipment maintenance for ATV
Law Enforcement patrols in Deschutes County.
AGREEMENT TERM AND PROJECT COMPLETION
Term: This agreement is effective as July 1, 2009 or the last date shown executed by all parties,
whichever is later. Unless otherwise terminated or extended this agreement shall expire on June 30, 2011.
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 contract=s 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 will retain
10% of the total ATV grant amount as final payment until hal 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 unto 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.
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Progress Reports: Progress Reports are required at a minimum, 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 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 ATV Grant funding source. The vehicle ID or a
serial number, together with a photograph of equipment purchased with ATV 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 al
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 ATV 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 Sign: The Sponsor shall post in a conspicuous location at the Project site a sign identifying the
ATV 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
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.
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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 ATV 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 ATV Account Allocation Committee and must go through the ATV 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.
Notices: Written notices or communications to the State or Sponsor under this agreement will lac
addressed and mailed to the following:
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State:
Agreement Principal Contact
Pamela Berger
ATV Grant Contracts Coordinator
Oregon Parks and Recreation Department
725 Summer St NE Suite C
Salem Oregon 97301 -1271
Telephone:
Fax:
E -mail:
(503) 986 -0785
(503) 986 -0794
pa mela. berger(a�state. or. us
Sponsor:
Project Principal Contract:
Captain Marc Mills
Deschutes County Sheriffs Office
63333 West Hwy 20
Bend, Oregon 97701
Telephone:
Fax:
E -mail:
(541) 388 -6657
(541) 389 -4454
marcmdeschutes orq
600Z /Z /9
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.
IN WITNESS THEREOF: the parties hereto have caused this agreement to be properly executed by their
authorized representatives as of the last date hereinafter written.
Sheriff Larry Blanton
Sponsor Printed Name
Sheriff
Sponsors
Sponsor i(nafure
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Date
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Kyleeyr$ tone, OPRD Asst. Director or Delegate
Date
Wayne Rawlin
rant Division Manager
- 9
Date
Pamela Berger, ATV Grant Contracts Coordinator
Date
Dated this day of , 2009
ATTEST:
Recording Secretary
BOARD OF COUNTY COMMISSIONERS
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
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