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Home My WebLink AboutC-8278-1 - Oil Spill Reponse Equipment Grant Program Grant Agreement Number: P1775052State of California - Natural Resources Agency EDMUND G. BROWN JR., Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director „�' 1416 91" Street i'' Sacramento, CA 95814 www.wildIife.ca.gov OIL SPILL RESPONSE EQUIPMENT GRANT PROGRAM GRANT AGREEMENT NUMBER: P1775052 GRANTOR: State of California, acting by and through (Grantor) The California Department of Fish and Wildlife, P.O. Box 944209 Sacramento, CA 94244-2090 GRANTEE: City of Newport Beach (Grantee) 100 Civic Center Drive Newport Beach, CA 92660 SECTION 1- LEGAL BASIS OF AWARD Pursuant to GOVERNMENT CODE 8670.8.3 AND STATE OF CALIFORNIA BUDGET ACT, CHAPTER 14, ITEM 3600-101-0320, Grantor is authorized to enter Into a Grant Agreement ("Agreement") and to make an award to the Grantee for the purposes set forth herein. Grantor and Grantee ("the parties") accept the grant on the terms and conditions of this Agreement. Accordingly, the parties hereby agree as follows: SECTION 2 - GRANT AWARD Grant. In accordance with the terms and conditions of this Agreement, Grantor shall provide Grantee with a maximum of $35,000.00 to financially support and assist Grantee's implementation of Oil Spill Response Equipment Staging Newport Beach, Orange County. Term. The term of this agreement is April 1, 2018, or upon Grantor approval, whichever is later, through October 31, 2018. SECTION 3 - USES OF GRANT Eligible Uses of Grant. Grantee's use of the Grant moneys is limited to those expenditures necessary to implement the Project and that are eligible under applicable federal and State of California law. Furthermore, Grantee's expenditure of Grant moneys must be in accordance with the Project budget and narrative (the "Budget") set forth within this agreement. Grantee may not transfer Grant moneys between or among Budget line items. Page 1 of 9 P1775052 CITY OF NEWPORT BEACH SECTION 4 - GRANTEE'S REPRESENTATIONS AND WARRANTIES Grantee represents and warrants to Grantor as follows: 4.01 Existence and Power. Grantee is a governmental entity, validly existing, and in good standing under the laws of California. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. 4.02 Binding Obligation: This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with its terms. SECTION 5 - GRANTEE'S AGREEMENTS 5.01 Purpose: This Agreement is entered into by the parties for the purpose of providing financial support to Grantee to complete the activities identified within Section 6, Project Statement: Objectives and Timelines. 5.02 Project Statement: Grantee shall complete activities as set forth in Section 6, Project Statement: Objectives and Timelines. Changes to Section 6 shall be submitted to the California Department of Fish and Wildlife (CDFW) Project Manager for prior approval and may be made only as provided in Exhibit 1.a of this Agreement, which is attached hereto and made a part of this agreement. 5.03 Use of Project Funds: Grantee shall use the funds provided by this Agreement for the provision of activities described in Section 6, Project Statement: Objectives and Timelines, and shall expend these funds in accordance with the budget shown in Section 8, Expenditure Summary. Any changes in the program's budget shall be submitted to the Grantor for approval prior to any change taking place. 5.04 Payment Schedule: Payments shall be made to Grantee according to the payment and report schedule identified in Section 8, Expenditure Summary. 5.05 Eligibility of Funds: In the event that the California Budget Act does not provide sufficient appropriations to allow Grantor to fund the Program at the level initially agreed, the Grantor reserves the right to modify this agreement to reflect a reduction in available funds, as an alternative to termination. 5.06 Submission of Reports: Grantee shall submit progress reports in accordance with the payment and report schedule in Section 7, Reports. Reports shall be submitted in the format prescribed by the Grantor, as Page 2 of 9 P1775052 CITY OF NEWPORT BEACH identified in Section 7, Reports, and shall address the activities outlined in Section 6, Project Statement: Objectives and Timelines. Failure to submit timely and accurate reports shall be considered evidence of non- compliance with this Agreement and shall permit termination of the Agreement by the Grantor. 5.07 General Terms and Conditions. Public Entities General Grant Provisions (Exhibit 1.a), is attached hereto and made a part of this agreement. SECTION 6 - PROJECT STATEMENT: OBJECTIVES AND TIMELINES 6.01 Introduction: During an oil spill, California operates within the Incident Command System (ICS), a mechanism used to bring multiple jurisdictions under one standard operating arena. The ICS is managed by the Unified Command, in most cases, is comprised of a designated official from the United States Coast Guard, the Office of Spill Prevention and Response (OSPR) and the Responsible Party (spiller); the three members make all decisions on how the oil spill incident operations are planned, executed and demobilized. Several Oil Spill Response Organizations (OSRO) are available to provide response and clean-up of oil spills throughout the State. However, in certain remote locations, the OSRO's have difficulty or are unable to pre - stage response equipment. To address this problem, OSPR has established a grant program that will allow local and other government entity agencies funding to purchase spill response equipment so they can initiate a first response prior to the OSRO's arrival. 6.02 Obiectives(s): Grant funding will enhance the availability of oil response equipment throughout the state and will provide local and other government entities an opportunity to protect their economic resources. The grantee will purchase the response equipment and provide training as identified in Attachment I, Equipment Specifications, attached hereto and made a part of this agreement. 6.03 Project Description: 6.03.1 Location: The equipment will be staged in the City of Newport Beach, in Orange County, specific location to be determined. Page 3 of 9 P1775052 CITY OF NEWPORT BEACH 6.03.2 Proiect Set Up: The Grantee's Project Manager will be responsible for all aspects of the administration of this grant which include; procurement, training, staging and usage of the equipment. 6.03.3 Materials: See Attachment I, Equipment Specifications. 6.03.4 Project Implementation: The Grantee shall oversee the execution of the following tasks: Task I — Equipment Ordering (Grantor funded) Place order per OSPR equipment specifications which is attached hereto as Attachment I, Equipment Specifications and made a part of this agreement. Task II — Equipment Delivery & Familiarization/Training (Grantee funded) Coordinate delivery of equipment Ensure key response staff receives training/familiarization which should entail (Actual staff and total number of staff, to be determined by Grantee): 1) Health and safety concerns when deploying equipment on oil spills 2) Equipment familiarization 3) Care, storage and maintenance of the equipment 4) Usage as it pertains to the Local Geographic Response Plans and other pertinent strategies 5) Decontamination of personnel and equipment 6) A practical hands-on deployment of the equipment 7) Limitations of the equipment Submit report to OSPR with equipment staging location OSPR's Representative will perform an inspection of the trailer and equipment Page 4 of 9 P1775052 CITY OF NEWPORT BEACH Task III — Equipment Usage (Grantee funded) Furnish the necessary personnel, equipment, material and/or service(s) necessary for routine or incidental deployment of the equipment provided in this agreement. • Notify the OSPR Project Manager by phone or e-mail, when the equipment is used in conjunction with an oil spill response. The Grantee also agrees to notify OSPR if the equipment is relocated to a different staging location within the jurisdiction. • Provide OSPR with equipment access such as facility/storage security access codes, keys to gate and trailer locks or designate staff to be on-site to allow the necessary access. 6.03.5 Project Management: As stated in section 6.03.2, The Grantee's Project Manager will be responsible for all aspects of the administration of this grant. 6.03.6 Timelines: Equipment Delivery & Training On or before August 31, 2018 Training & Location Report On or before September 30, 2018 6.04 Contacts: The Project Officials during the term of this Agreement are: CDFW Project Manager: City of Newport Beach: Name: Peter Barker, Associate Name: Raymond Reyes, Management Governmental Program Analyst Specialist Address: 1700 K Street, Suite 250 Address: 100 Civic Center Drive Sacramento, CA 95811 Newport Beach, CA 92660 Phone: (916) 324-6257 Office: (949) 644-3325 FAX: (916) 324-8829 Cell: (954) 505-0158 Email: Peter. Barker(&wiIdIife.Ca.gov Email: rrevesP-newportbeachca.gov Page 5 of 9 P1775052 CITY OF NEWPORT BEACH Direct all administrative inquiries to: CDFW Grant Coordinator: City of Newport Beach: Name: Pete Marcellana, Name: Raymond Reyes, Management Grant Analyst Specialist Address: 1700 K Street, Suite 250 Address: 100 Civic Center Drive Sacramento, CA 95811 Newport Beach, CA 92660 Phone: (916) 327-9407 Office: (949) 644-3325 FAX: (916) 324-8829 Cell: (954) 505-0158 Email: Pete. Marcel lana(a_wildlife.ca.gov Email: rreyes(a)newportbeachca.gov The point of contact may be changed at any time by either party by providing a ten (10) day advance written notice to the other party. SECTION 7 - REPORTS 7.01 Final Report: A Final Report which summarizes the equipment purchase, staff training and staging location of the trailer as described pursuant to Section 6.03.4, Task III, Project Implementation, is due no later than August 31, 2018 The Final Report will consist of one (1) electronic reproducible master and one (1) hardcopy upon completion of the project. SECTION 8 - BUDGET 8.01. Expenditure Summary There is no line item detail for this grant, as actual expenditures will not be determined until the competitive process and equipment procurement has occurred. The procurement will consist of such items as a mobile storage trailer, boom, absorbents, anchors, personal protective equipment, equipment deployment training (if applicable) and all other items as outlined in Attachment I, Equipment Specifications. CDFW will reimburse for no more than $35,000.00 for actual costs as itemized on the invoice request. 8.02 Payment Provisions 8.02.1 Disbursements: Grant disbursement will be made to the Grantee in one lump sum payment in arrears, upon receipt of an original itemized invoice and any required progress report or other Page 6 of 9 P1775052 CITY OF NEWPORT BEACH mandatory documentation as identified within this agreement. The invoice package must be sent to the Project Manager at: California Department of Fish and Wildlife, Attn: Peter Barker 1700 K Street, Suite 250 Sacramento, CA 95811 Grant disbursements will be paid to the following Grantee address: City of Newport Beach Attn: Raymond Reyes 100 Civic Center Drive Newport Beach, CA 92260 The invoice shall contain the following information: • The word 'Invoice" should appear in a prominent location at the top of the page(s); • Printed name of the Grantee; • Business address of the Grantee including P.O. Box, City, State, and Zip Code; • Name of the Region/Division of the Department of Fish and Wildlife being billed; • The date of the invoice and the time period covered; i.e., the term "from" and "to"; • The number of the Grant upon which the claim is based; • The invoice must be itemized using the categories and following the format of the budget; • The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice. The total amount due shall include all costs incurred by the Grantee under the terms of this grant; • The original signature of the Grantee (not required of established firms or entities using preprinted letterhead invoices); and • The Grantee must provide supporting documentation for the invoice and actual receipts upon request of the Project Manager. Page 7 of 9 P1775052 CITY OF NEWPORT BEACH 8.02.2 Invoice Documentation: Each invoice for payment must be accompanied by a written description, not to exceed two pages in length, of the Grantee's performance under this grant since the time the previous such report was prepared. The report shall describe the types of activities and specific accomplishments during the period for which the payment is being made rather than merely listing the number of hours worked during the reporting period. If there are cost shares involved with the project, the final invoice must include a budget summary of cost share expenditures by fund source. Page 8 of 9 P1775052 CITY OF NEWPORT BEACH IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the dates set forth below their respective signatures. CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE By: Signature:�,v. Printed Name: Melinda Peacock Title: Branch Chief, Business Management Branch Date: V/401 AUTHORIZED AGENT FOR GRANTEE By: Signature: Printed Name: Dave Kiff Title: City Manager Date: q\ v6A This agreement is exempt from DGS -OLS approval, per SCM 4.06. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Attest: /.r�n]� �n///my►A7�, Leilani I. Bro n, MMC, City Clerk r Dater �• �� Page 9 of 9 City of Newport Beach Agreement No.: P1775052 Page 1 of 7 Attachment I, Equipment Saecifications Table 1 Specifications for Equipment Trailer Custom Built Approximate size of box 7' x 16' or 7' x 12 Minimum %4" plywood interior sidewall with finished surface Undercoated exterior grade 1/4" plywood floor Undercoating on complete chassis Vapor barrier underbelly 16: o/c stud walls 24" o/c floor cross member frame Fiberglass front cap Aluminum roof and cove Side vents (one on each side of trailer near top) Aluminum fenders (thickness should be 3/16') Lighted license plate holder Front stone guard Electric brakes with breakaway switch and battery GVRW 7000 lbs. (minimum) Doors Double rear door with full length cam bar Side door near front Both doors fitted with pad lock securing mechanism Electrical 12 volt dome lights with wall switch 7 -way connector D.O.T. compliant exterior lighting Double insulated wiring Suspension Tandem Axels EZ lube hubs torsion axles Tires 15" radial tires 5 -bolt E -coated wheels Wheel tire covers %z" wood tire parking pads Wheel chocks Spare tire and wheel with inside mount Color White "Oil Spill Response Equipment Funded by: Oil Spill Prevention and Response" stenciled in red 6" letters on 2 sides 2 -digit trailer ID number stenciled on back of trailer in 6" black numbers 2 -digit trailer ID number stenciled on top of trailer in 36" black numbers Tongue Hitch ball size 2 15/16" Tongue jack with stand pad D.O.T. safety chains Warranty 3 Year Standard Manufactures Warranty 5 Year Axle Standard Manufacturers Warranty City of Newport Beach Agreement No.: P1775052 Page 2 of 7 Attachment I, Equipment Specifications 20 Year Leak Manufactures Warranty TABLE2 Standard Oil Response Containment Boom Specifications various sizes available Freeboard 2.5" Draft 4" Overall Height 6.5" Section Length 50' 1,500ft Fabric 22 oz./sq.yd PVC Coated Nylon Fabric Color Yellow or International Orange End Connectors ASTM "Z" (F 962-04) or ASTM Slide (F 2438-04) (style of connectors TBD) With Stainless Steel Toggle Pins Flotation 100 % Cylindrical Rolled Polyethylene micro or closed cell foam, with tapered ends Fully sealed floatation cambers Max. 14" fabric fold between flotation cambers RF Welded Seams Fold Point Center of fold points to be every 6 %' Anchor Points '/4" eye minimum, located at water line on each end connector & one at mid section, in a appropriate place of choosing Ballast Material 1/4" Galvanized Chain Bridle An ASTM End Plate with Yz" x 6' Poly Rope lead, one end to be finished with thimble connected to tow plate & 6" soft eye spliced into other end. Warranty Standard Manufacturer's Commercial Warranty TABLE3 Standard Storm Drain Containment Boom Specifications Overall HeightP20 ilge/Storm Drain Absorbent Boom 32" x 6" Section Length per case TABLE4 Standard Sorbent Boom Specifications Overall Height 6" — 8" Section Length 120' up to 720ft City of Newport Beach Agreement No.: P1775052 Page 3 of 7 Attachment I, E ui ment Specifications TABLE 5 Standard Oil Response Containment Boom Specifications Freeboard 4" Draft 6" Overall Height 10" Section Length 100' 1,000ft Fabric 22 oz./sq.yd PVC Coated Nylon Fabric Color Yellow or International Orange End Connectors ASTM "Z" (F 962-04) or ASTM Slide (F 2438-04) (style of connectors TBD) With Stainless Steel Toggle Pins Flotation 100 % Cylindrical Rolled Polyethylene micro or closed cell foam, with tapered ends Fully sealed floatation cambers Max. 14" fabric fold between flotation cambers RF Welded Seams Fold Point Center of fold points to be every 6 %2' Anchor Points '/a°J eye minimum, located at water line on each end connector & one at mid section, in a appropriate place of choosing Ballast Material 1/4" Galvanized Chain Bridle An ASTM End Plate with %2" x 6' Poly Rope lead, one end to be finished with thimble connected to tow plate & 6" soft eye spliced into other end. Warranty Standard Manufacturer's Commercial Warranty TABLE 6 Standard Oil Response Containment Boom Specifications Freeboard 6" Draft 6" Overall Height 12" Section Length 100' 1,00011 Fabric 22 oz./sq.yd PVC Coated Nylon Fabric Color Yellow or International Orange City of Newport Beach Agreement No.: P1775052 Page 4 of 7 Attachment I, Equipment Specifications End ASTM "Z" (F 962-04) or ASTM Slide (F 2438-04) Connectors (style of connectors TBD) With Stainless Steel Toggle Pins Flotation 100 % Cylindrical Rolled Polyethylene micro or closed cell foam, with tapered ends Fully sealed floatation cambers Max. 14" fabric fold between flotation cambers RF Welded Seams Fold Point Center of fold points to be every 6 %' Anchor Points '/4" eye minimum, located at water line on each end connector & one at mid section, in a appropriate place of choosing Ballast 1/4" Galvanized Chain Material Bridle An ASTM End Plate with %2" x 6' Poly Rope lead, one end to be finished with thimble connected to tow plate & 6" soft eye spliced into other end. Warranty Standard Manufacturer's Commercial Warranty TABLE 7 Standard Oil Response Containment Boom Specifications Freeboard 6" Draft 12" Overall Height 18" Section Length 100' 1,000ft Fabric 22 oz./sq.yd PVC Coated Nylon Fabric Color Yellow or International Orange End ASTM "Z" (F 962-04) or ASTM Slide (F 2438-04) Connectors (style of connectors TBD) With Stainless Steel Toggle Pins Flotation 100 % Cylindrical Rolled Polyethylene micro or closed cell foam, with tapered ends Fully sealed floatation cambers Max. 14" fabric fold between flotation cambers RF Welded Seams Fold Point Center of fold points to be every 6 %z' Anchor Points '/4" eye minimum, located at water line on each end connector & one at mid section, in a appropriate place of choosing City of Newport Beach Agreement No.: P1775052 Page 5 of 7 Attachment I, Equipment Specifications Ballast Material 1/4" Galvanized Chain Bridle An ASTM End Plate with %2" x 6' Poly Rope lead, one end to be finished with thimble connected to tow plate & 6" soft eye spliced into other end. Warranty Standard Manufacturer's Commercial Warranty TABLE 8 Anchor System Specifications Anchor 30 lb. Danforth Style Galvanized Anchor Chain 10 feet of 3/8" galvanized proof coil chain, shackled to anchor using %2" galvanized shackle Rode 150 feet of 1/2" nylon 3 -strand with galvanized thimble eyes and 7/16" SPA galvanized shackle in each end. Flotation A2 Polyform style buoy (15.5") with 6 feet of %2" polypropylene rope spliced onto buoy and %2" galvanized thimble eye in other end with 7/16" alvanized shackle. Warranty Standard Manufacturer's Commercial Warranty TABLE 9 Boom Tool Box Specifications Tool Box 1 Heavy-duty poly toolbox. 24" length or larger if necessary to fit all tools Wrenches 2 8" crescent wrench Pliers 1 8" standard pliers Hammer 1 16 oz. claw hammer Clamps 2 4" C-clamp Screwdriver 2 Flathead screwdriver, small and large Shackles 4 2 3/8" SPA galvanized shackles, 2'/2" SPA galvanized shackles Knife 1 Utility knife with extra blade set Flashlight 1 Waterproof floatable flashlight with 2 D -cell batteries Hardware 6 Hardware set including: 5/16" x 1 %4" SS bolts, 2 flat washers, nylock nuts PVC 4 PVC pipe 6"x6' Wire 1 50' roll chicken wire or mesh fencing Stakes 10 6' t -post stakes and t -post pounder Kit 1 Plug and Patch Kit Hacksaw 1 12in. High Tension Hacksaw Wire/Bolt Cutters lea. 36' Bolt Cutter City of Newport Beach Agreement No.: P1775052 Page 6 of 7 Attachment I, Equipment Specifications Generator 1 Gasoline Powered Electric Start Portable Generator with Wheel Kit Sand bags 30 14 x 26" Shovel 2 Square Point Digging Shovels TABLE 10 PPE Gear Specifications Storage bag Reusable waterproof storage bag large enough to hold all 1 set of PPE Hard hat Hard hat with ratcheting head band Boots 16" PVC steel toe work boots, size 11, ASTM F2413-05 M 1/75 C/75 compliant Glove liners Nitrile glove liners, 1 box of 100, large size Gloves PVC gloves, 1 dozen, 12" gauntlet, size 11 (large) Work gloves Leather work gloves, 2 pair, large size Safety glasses 2 pair, meeting ANSI and OSHA specifications Ear plugs 6 pair Tyvek suits Full tyvek suit without hood, 2 pair Tape Duct tape, 2 rolls TABLE 11 Specifications for Decontamination Equipment Wash Tubs 2 Galvanized wash tubs Detergent Degreaser detergent for decontamination Brushes 2 decontamination scrub brushes with long handles Waste Bags I case of 100 bags, 33" x 40", 4 mil Visqueen 1 roll of visqueen Tarps 2 drop tarps, 8' x 10' Bucket 1 5 -gallon plastic bucket TABLE 12 Specifications for Spill Adsorbent Material Pads Heavy weight adsorbent pads, 1 bag of 100 pads Sweep 100 feet of 19" heavy weight sweep with nylon web strap, bonded with scrim Boom 1 bag of heavy weight boom containing 4 sections of 5" x 10' each with poly tension line and quick -clips for connecting TABLE 13 Specifications for Spill Adsorbent Material Snare Adsorbent snares, 2 bags, 30 snares per bag TABLE 14 Miscellaneous Equipment S ecifications City of Newport Beach Agreement No.: P1775052 Page 7 of 7 Attachment I, Equipment Specifications First Aid Kit Meeting the requirements for at least 10 people Fire Extinguishers 2 5 -pound class ABC fire extinguishers, mounted in trailer interior, one near the front and one near the rear. MSDS Book A binder containing MSDS for common oil products including gasoline, diesel, home heating oil, motor oil, jet fuel, fuel oil, IFO, bunker fuel, and crude oil. Also contains emergency contact numbers for spill, including the National Response Center (1 -800-424-8802) Navigation Lights Self -floating amber buoy lights 48" tall to attach on or near boom. Lights should be made durable and waterproof, and should have adequate keel weight and floatation to give full stability in various tide and sea conditions. Lights should be flashing; D -cell battery operated, and be fitted with photo sensors. California Department of Fish and Wildlife Agreement Number: Exhibit 1.a — Public Entities General Grant Provisions Grantee Name: Page 1 of 6 APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the California Department of Fish and Wildlife (CDFW). Grantee may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the State in the form of a formal written amendment. 4. AUDIT: Grantee agrees that the CDFW, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code, CCR Title 2, Section 1896). 5. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State of California, CDFW, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all of Grantee's employees or agents, contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. The State of California shall defend, indemnify and hold the Grantee, its officers, employees and agents harmless from and against any and all liability, loss, expense, attorney's fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the State of California, or its agencies, their respective officers, agents or employees. 6. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. INDEPENDENT CONTRACTOR: Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. Grantee acknowledges and promises that CDFW is not acting as an employer to any individuals furnishing services or work pursuant to this Agreement. (Rev. 05/12/15) California Department of Fish and Wildlife Agreement Number: Exhibit 1.a — Public Entities General Grant Provisions Grantee Name: Page 2 of 6 8. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 9. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 10. LICENSES AND PERMITS (If Applicable): The Grantee is responsible for obtaining all licenses and permits required by law for accomplishing any work required in connection with this Agreement. Costs associated with permitting may be reimbursed under this Grant Agreement only if approved in the budget detail and payment provisions section. 11. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Agreement, are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Grantee may copyright the same, except that, as to any work which is copyrighted by the Grantee, the State reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so. 12. CONTINGENT FUNDING: It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of State appropriation of funds for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. (Rev. 05/12/15) California Department of Fish and Wildlife Agreement Number: Exhibit 1.a — Public Entities General Grant Provisions Grantee Name: Page 3 of 6 This Agreement is valid and enforceable only if sufficient funds are made available pursuant to the California State Budget Act for the fiscal year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature of any statute enacted by the Legislature which may affect the provisions, terms or funding of this Agreement in any manner. It is mutually agreed that if the Legislature does not appropriate sufficient funds for the Agreement, the State has the option to terminate the Agreement under the termination clause or to amend the Agreement to reflect any reduction of funds. CDFW has the option to invalidate the contract under the 30 -day cancellation clause or to amend the Agreement to reflect any reduction in funds. 13. RIGHT TO TERMINATE: a. This agreement may be terminated by mutual consent of both parties or by any party upon thirty (30) days written notice and delivered by USPS First Class or in person. b. In the event of termination of this Agreement, Grant Recipient shall immediately provide CDFW an accounting of all funds received under the Agreement and return to CDFW all funds received under this Agreement which have not been previously expended to provide the services outlined within this agreement. c. Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. CDFW shall reimburse Grantee for all allowable and reasonable costs incurred by it for the Project, including foreseeable and uncancellable obligations. Upon notification of termination from CDFW, Grantee shall use its reasonable efforts to limit any outstanding financial commitments. 14. CONFIDENTIALITY OF DATA: The Grantee shall protect from disclosure all information made available by CDFW. The Grantee shall not be required to keep confidential any data or information which is publicly available, independently developed by the Grantee, or lawfully obtained from third parties. Written consent of CDFW must be obtained prior to disclosing information under this Agreement. 15.DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through an Agreement with the State. The disclosure statement shall include the Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement shall be contained in a separate section of the document or written report. If the Grantee or any subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. The Grantee shall include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section. (Rev. 05/12/15) California Department of Fish and Wildlife Agreement Number: Exhibit 1.a — Public Entities General Grant Provisions Grantee Name: Page 4 of 6 MUSE OF SUBCONTRACTOR(S): If the Grantee desires to accomplish part of the services through the use of one (1) or more subcontractors, the following conditions must be met: a. The Grantee shall submit any subcontracts to the State for inclusion in the grant file; b. The Agreement between the primary Grantee and the subcontractor must be in writing; c. The subcontract must include specific language which establishes the rights of the auditors of the State to examine the records of the subcontractor relative to the services and materials provided under the Agreement; and d. Upon termination of any subcontract, the State shall be notified immediately, in writing. The Grantee shall ensure that any subcontract in excess of $100,000 entered into as a result of this Agreement contains all applicable provisions stipulated in this Agreement. 17. POTENTIAL SUBCONTRACTOR(S): Nothing contained in this Agreement or otherwise shall create any contractual relation between the State and any subcontractor(s) and no subcontract shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its subcontractor(s) and of persons directly employed or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractor(s) is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any subcontractor. 1t3.TRAVEL AND PER DIEM (if applicable): The Grantee agrees to pay reasonable travel and per diem to its employees under this Agreement. The reimbursement rates shall not exceed those amounts identified in the Department of Personnel Administration and/or Universities of California travel reimbursement guidelines. 19.LIABILITY INSURANCE (as applicable): Unless otherwise specified in the Grant Agreement, when the Grantee submits a signed Agreement to the State, the Grantee shall also furnish to the State either proof of self-insurance or a certificate of insurance stating that there is liability insurance presently in effect for the Grantee of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. Grantee agrees to make the entire insurance policy available to the State upon request. The certificate of insurance will include provisions a, b, and c, in their entirety a. The insurer will not cancel the insured's coverage without thirty (30) days prior written notice to the State; b. The State of California, its officers, agents, employees, and servants are included as additional insured, by insofar as the operations under this Agreement are concerned; and c. The State will not be responsible for any premiums or assessments on the policy. (Rev. 05/12/15) California Department of Fish and Wildlife Agreement Number: Exhibit 1.a — Public Entities General Grant Provisions Grantee Name: Page 5 of 6 The Grantee agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, Grantee agrees to provide, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Agreement, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the Department of General Services, and the Grantee agrees that no work or services shall be performed prior to giving of such approval. In the event the Grantee fails to keep in effect, at all times, insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. CDFW will not provide for, nor compensate the Grantee for any insurance premiums or costs for any type or amount of insurance. The insurance required above, shall cover all Grantee supplied personnel and equipment used in the performance of this Agreement. When applicable, if subcontractors performing work under this Agreement do not have insurance equivalent to the above, the Grantee's liability shall provide such coverage for the subcontractor, except for coverage for error, mistake, omissions, or malpractice, which shall be provided by the subcontractor if such insurance is required by the State. 20.GRANTEE STAFF REQUIREMENTS: The Grantee represents that it has or shall secure at its own expense, all staff required to perform the services described in this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CDFW or any other California State entity. 21.PROPERTY ACQUISITIONS AND EQUIPMENT PURCHASES: Property, exclusive of real property, as used in this exhibit shall include the following: a. Equipment — Tangible property (including furniture and electronics) with a unit cost of $5,000 or more and a useful life of four (4) years or more. Actual cost includes the purchase price plus all costs to acquire, install, and prepare the equipment for its intended use. b. Furniture, including standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc. c. Portable Assets, including items considered 'highly desirable' because of their portability and value, e.g., calculators, computers, printers, scanners, shredders, cameras, etc. d. Electronic Data Processing (EDP) Equipment, including all computerized and auxiliary automated information handling, including system design and analysis; conversion of data; computer programming; information storage and retrieval; voice, video and data communications; requisite system controls; simulation and all related interactions between people and machines. The Grantee may purchase property under this Grant Agreement only if specified in the budget detail and payment provisions section. All property purchased by Grantee is owned by the (Rev. 05/12/15) California Department of Fish and Wildlife Agreement Number: Exhibit 1.a — Public Entities General Grant Provisions Grantee Name: Page 6 of 6 Grantee. CDFW does not claim title or ownership to the property, but requires Grantee to maintain accountability for all property purchased with grant funds. Title or ownership to property with a unit cost of $5,000 or more may be retained by Grantee or Grantor upon end of the grant cycle; final disposition will be coordinated by CDFW's Grant Manager. Before property purchases made by the Grantee are reimbursed by CDFW, the Grantee shall submit paid Grantee receipts identifying the Grant Agreement Number, purchase price, description of the item (s), serial number(s), model number(s), and location, including street address where property will be used during the term of this Grant Agreement. Said paid receipts shall be attached to the Grantee's invoice(s). The Grantee shall keep, and make available to Grantor, adequate and appropriate records of all property purchased with the Grant Agreement funds. Prior written authorization by the CDFW Grant Manager shall be required before the Grantee will be reimbursed for any property purchases not specified in the budget. The Grantee shall provide to CDFW Grant Manager, all particulars regarding the necessity for such property and the reasonableness of the cost. Property will only be considered for purchase approval if no other equipment owned by the applicant is available and suitable for the project. Grant funds cannot be used to reimburse the project for equipment obtained prior to the beginning of the grant term. Grant funds cannot be used for property if specifically prohibited in the authorizing legislation or restricted in the terms of the program. Should this Grant Agreement be cancelled for any reason, any property purchased with grant funds shall be returned to Grantor. State policies and procedures applicable to procurement with nonfederal funds, shall apply to procurement by the Grantee under this Grant Agreement, provided that procurements conform to applicable State law and the standards identified in this exhibit. These include, but are not limited to: statutes applicable to State agencies; statutes applicable to State colleges and universities; public works projects; the California Constitution governing University of California contracting, the State Administrative Manual; statutes applicable to specific local agencies; applicable city and county charters and implementing ordinances including policies and procedures incorporated in local government manuals or operating memoranda. (Rev. 05/12/15)