REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 3, 2026
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Grant Agreement with the State of California, Department of Parks and Recreation - Division of Boating and Waterways for the Purchase of a Patrol Boat and Trailer
End
RECOMMENDATION(S)
Recommendation
1. Approve Grant Agreement with the State of California, Department of Parks and Recreation - Division of Boating and Waterways (State Grant No. C26L0616), with non-standard terms, in an amount of up to $150,000, effective on the date the Department of Parks and Recreation - Division of Boating and Waterways executes the Grant Agreement through September 30, 2042, for the purchase of a patrol boat and transport trailer, to be purchased no later than September 30, 2027.
2. Authorize the Chair of the Board of Supervisors to sign Exhibit C and Exhibit F, and the Sheriff/Coroner/Public Administrator to sign and submit the Grant Agreement, as required by the Division of Boating and Waterways.
3. Direct the Sheriff/Coroner/Public Administrator to transmit the Grant Agreement to the Clerk of the Board of Supervisors within 30 days of execution.
4. Authorize the Auditor-Controller/Treasurer/Tax Collector to post adjustments to the Sheriff/Coroner/Public Administrator’s 2026-27 budget, as detailed in the Financial Impact section (Four votes required).
(Presenter: Carolina Mendoza, Chief Deputy Director, 387-0640)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). This grant award will provide funding of up to $150,000 that will be used toward the purchase of a patrol boat and transport trailer.
The Sheriff/Coroner/Public Administrator’s Department (Department) requests the Auditor-Controller/Treasurer/Tax Collector to post the following adjustments to the 2026-27 budget:
|
Fund Center |
Commitment Item |
Description |
Action |
Amount |
|
4438001000 |
40509094 |
Federal - Grants |
Increase |
$ 150,000 |
|
4438001000 |
54504050 |
Vehicles |
Increase |
$ 150,000 |
BACKGROUND INFORMATION
The State of California (State), Department of Parks and Recreation Division of Boating and Waterways (DBW) provides funding to local law enforcement agencies through its Boating Safety and Enforcement Equipment Grant Program for the purchase of boats and equipment for use in boating law enforcement activities.
The Department’s Marine Enforcement Unit at the Colorado River Station is responsible for patrolling one of the busiest recreation waterways in the nation. The Colorado River waterway, including Lake Havasu, has approximately 17 million visitors per year on 90 miles of waterway within the County’s jurisdiction. The Department operates and maintains the necessary equipment and personnel at the Colorado River to provide enforcement of boating regulations, assistance to boaters in distress, and to conduct search, rescue and recovery operations. The Department coordinates with Mohave County (Arizona) and La Paz County (Arizona) Sheriff Departments to provide regular marine patrols and periodic task forces to enforce boating under the influence statutes.
On April 28, 2026, the Chief Executive Officer authorized the submission of a grant application to DBW, in the amount of $150,000, for the purchase of a boat. On September 15, 2026, the Department received notification that the County’s application was subsequently accepted and grant funds in the amount of up to $150,000 were allocated by the DBW.
The Grant Agreement (Agreement) includes non-standard terms and conditions that differ from the County’s standard contract language, as follows:
1. The Agreement does not require the State to indemnify the County, as required by County Policies 11-05 and 11-07, including for intellectual property infringement claims.
• The County standard contract indemnity provision requires the contractor to indemnify, defend, and hold the County harmless from third-party claims arising out of the acts, errors, or omissions of any person.
• Potential Impact: The State is not required to defend, indemnify, or hold the County harmless from any claims, including indemnification for claims arising from the State or DBW’s negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including any intellectual property infringement claim based on its use of the State’s or DBW’s software or services, the County may be solely liable for the costs of defense and damages, which could exceed the total grant award amount.
2. The County must waive all claims and recourse against DBW, including the right to contribution for any loss or damage arising from, growing out of, or in any way connected with or incident to the Agreement. Further, the County is required to indemnify, defend, and save harmless the State, its officers, agents, and employees from all claims and losses accruing or resulting to any and all grantees, contractors, subcontractors, suppliers, laborers, and any person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of the Agreement, and from all claims and losses accruing or resulting to any person, firm, or corporation injured or damaged by the County in the performance of the Agreement.
• The County standard contract does not include any indemnification or defense by the County of a contractor, or any waiver of claims and recourse against a contractor, including the right to contribution.
• Potential Impact: The County could potentially have no recourse against DBW in the event the County is sued due to County activities related to the Agreement. Further, by agreeing to indemnify the State, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time-limited, or expense-limited could be brought against the State without such limitations, and the County could be responsible to defend and reimburse the State for costs, expenses, and damages, which could exceed the total Agreement award amount.
3. The Agreement does not require the State to meet the County’s insurance standards, as required pursuant to County Policies 11-05, 11-07, and 11-07 SP.
• County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that the State will be financially responsible for claims that may arise under the Agreement, which could result in expenses to the County that exceed the total Agreement award amount.
4. The term of the Agreement is 16 years, beginning when DBW signs the Agreement and continuing through September 30, 2042, unless terminated earlier by either party, such as for breach or for the County’s inability to financially or legally comply with the Agreement’s terms and conditions.
• The standard County contract term is five years.
• Potential Impact: The County is bound to the terms and conditions of the Agreement for a significant period of time,16 years, unless either party permissibly terminates the Agreement.
5. There is no termination for convenience; however, the County may terminate if it becomes financially or legally unable to comply with the terms and conditions of the Agreement. Any such termination will be effective 90 days after DBW receives written notice of the County’s termination.
• The County standard contract gives the County the right to terminate the Agreement, for any reason, with a 30-day written notice of termination without any obligation other than to pay any amounts for services rendered and expenses reasonably incurred prior to the effective date of termination.
• Potential Impact: The County can only terminate the Agreement if it becomes financially or legally unable to comply with the terms and conditions of the Agreement. Any attempted termination by County for another reason, such as for a breach by DBW, could result in payment or other liability to the County.
While the Agreement’s terms and conditions contain exceptions to the County’s standard contract language, the Department believes that the public benefit from entering into the Agreement and acquiring and utilizing the patrol boat and transport trailer, outweighs any potential risks or liability.
Approval of Recommendation No. 2 will authorize the Chair of the Board of Supervisors to sign Exhibit C and Exhibit F, and the Sheriff/Coroner/Public Administrator to sign and submit the Grant Agreement, as required by the Division of Boating and Waterways, to receive authorization to acquire the equipment.
The proposed purchase of a boat and trailer will replace a 24-year-old patrol boat that is no longer suitable for patrolling. The grant requires the replacement vessel to be purchased between the date that the Agreement is fully executed and September 30, 2027.
PROCUREMENT
Following full execution of the Agreement and approval of the boat’s specifications by DBW, the Department will conduct a procurement process to purchase the boat following established County guidelines and procedures.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Grace B. Parsons, Deputy County Counsel, 387-5455) on October 23, 2026; Auditor-Controller/Treasurer Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-7022) on October 14, 2026; Risk Management (Noël Cantrell, Administrative Supervisor, 386-8890) on October 16, 2026; and County Finance and Administration (Erika Rodarte, Administrative Analyst, 387-4919) on October 19, 2026.