No preview available
HomeMy WebLinkAboutFD Oil Response Trailer Project Funding Agreement State of California - Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov Conserving California’s Wildlife Since 1870 July 23, 2024 Cristine Alilovich San Rafael Fire Department 1375 5th Avenue San Rafael, CA 94901 Re: Q2475068 – Oil Spill Response Equipment Staging, Marin County ACKNOWLEDGEMENT OF WORK COMMENCEMENT AUTHORIZATION DISCLAIMER Where approval from the California Department of Fish and Wildlife (CDFW) applies, the attached payable grant shall be of no force or effect until it is signed by both parties (CDFW and grantee). The signing of this payable grant by your organization does not authorize the commencement of work. By signing this letter, your organization acknowledges and agrees not to begin work until all approvals have been obtained, the payable grant has been fully executed, and the grantee has been given authorization to begin work. Should any work begin before all approvals are obtained or authorization is given, services will be considered voluntary. Please be advised that failure to sign and return this letter will delay approval of your payable grant. _______________________________________ _______________________ Authorized Signature Date Cristine Alilovich, City Manager Printed Name and Title of Person Signing Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537 7/23/2024 Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 State of California - Natural Resources Agency GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov (Template v. 01/04/2024) OFFICE OF SPILL PREVENTION AND RESPONSE OIL SPILL RESPONSE EQUIPMENT STAGING, MARIN COUNTY GRANT AGREEMENT NUMBER – Q2475068 GRANTOR: State of California, acting by and through The California Department of Fish and Wildlife P.O. Box 944209 Sacramento, CA 94244-2090 GRANTEE: San Rafael Fire Department 1375 5th Avenue San Rafael, CA 94901 SECTION 1 – LEGAL BASIS OF AWARD Pursuant to Government Code 8670.8.3, the California Department of Fish and Wildlife (CDFW or Grantor) is authorized to enter into this Grant Agreement (Agreement) and to make an award to the San Rafael Fire Department (Grantee) for the purposes set forth herein. The Grantee accepts the grant on the terms and conditions of this Agreement. Accordingly, the Grantor and the Grantee (Parties) hereby agree as follows: SECTION 2 – GRANT AWARD 2.01 Grant: In accordance with the terms and conditions of this Agreement , including Section 5.07 – General Terms and Conditions, the Grantor shall provide the Grantee with a maximum of $45,000.00 (Grant Funds) to financially support and assist the Grantee’s implementation of Oil Spill Response Equipment Staging, Marin County (Project). 2.02 Term: The term of this Agreement is July 1, 2024, or upon the Grantor’s approval , whichever is later, through June 30, 2025. SECTION 3 – ELIGIBLE USES OF GRANT Only the Grantee expenditures that are necessary to implement this Project, comply with applicable federal and State of California law, and made in accordance with Section 6 – Project Statement and Section 9 – Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 2 of 10 SECTION 4 – GRANTEE’S REPRESENTATIONS AND WARRANTIES The Grantee represents and warrants to the Grantor as follows: 4.01 Existence and Power: The Grantee is a public entity, validly existing, and in good standing under the laws of California. The 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 the Grantee and constitutes the legal, valid, and binding obligation of the Grantee, enforceable in accordance with this Agreement’s 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 the Grantee to complete this Project, specifically the activities identified within Section 6 – Project Statement. 5.02 Project: The Grantee shall complete activities as set forth in Section 6 – Project Statement. 5.03 Use of Project Funds: The Grantee agrees that only Grantee expenditures that are necessary to implement this Project, comply with applicable federal and State of California law, and made in accordance with Section 6 – Project Statement and Section 9 – Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. The Grantee acknowledges that it may not transfer Grant Funds between or among budget line items without written approval from the CDFW Grant Manager in accordance with Section 9 – Budget and Payment. 5.04 Payment Schedule: Payments shall be made to the Grantee according to the payment and report schedule identified in Section 9 – Budget and Payment. 5.05 Eligibility of Funds: In the event that the California Budget Act does not provide sufficient appropriations to allow the Grantor to fund this Project at the level specified in Section 2 – Grant Award and Section 9 – Budget and Payment of this Agreement, 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: The Grantee shall comply with the format, content, and timing requirements set out in Section 8 – Reports. Failure to submit timely and accurate reports shall be considered evidence of non-compliance with this Agreement and shall permit termination of this Agreement by the Grantor. Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 3 of 10 5.07 General Terms and Conditions: The Public Entities General Grant Provisions (Exhibit 1.a) and the Notice of Economic Sanctions (Exhibit 3) are attached hereto and made a part of this Agreement. 5.08 Amendments: This Agreement may only be amended in accordance with Section 5.07 – General Terms and Conditions. The Grantee shall submit any request to amend any term of this Agreement in writing to the CDFW Grant Manager no later than 120 days prior to the end of the term of this Agreement. The Grantee must include an explanation of and justification for any such request. 5.09 Acknowledgement of Credit: The Grantee shall include signage, to the extent practicable, informing the public that this Project received funds through the CDFW. Further, the Grantee shall include appropriate acknowledgement of credit to the Office of Spill Prevention and Response (OSPR) Grant Program and its implementing agency, the C DFW, for the Grantor’s financial support when using any data and/or information developed under this Agreement (e.g., in posters, reports, publications, presentations). 5.10 Labor Code Requirements; Prevailing Wage: State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain State grants administered by the CDFW are not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code . For more details, please refer to California Fish and Game Code Section 1501.5 and the Department of Industrial Relations website at http://www.dir.ca.gov . The Grantee shall pay the prevailing wage to all persons employed in the performance of any part of this Project if required by law to do so. 5.11 California Business and Professions Code Compliance: The Grantee shall be responsible for obtaining the services of an appropriately licensed professional or appropriately licensed professionals if required by the California Business and Professions Code, including but not limited to Section 6700 et seq. (Profes sional Engineers Act) and Section 7800 et seq. (Geologists and Geophysicists Act). If the Grantee fails to perform in accordance with the compliance provisions of this Agreement, the Grantor shall have sole discretion to delay, interrupt, or suspend the work for which the Grant Funds are supplied. SECTION 6 – PROJECT STATEMENT 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, and in most cases is comprised of a designated official from the United States Coast Guard, the OSPR, and the Responsible Party (Spiller); the three members make all decisions on how the oil spill incident operations are planned, executed, and demobilized. Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 4 of 10 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 provide local government agencies with funding to purchase spill response equipment, so they can initiate a first response prior to the OSRO’s arrival . 6.02 Objectives: The grant funding will enhance the availability of oil response equipment around the State and will provide local governments an opportunity to protect their economic resources. The G rantee will purchase the response equipment and provide training as identified in Equipment Specifications (Attachment I). 6.03 Project Description: The Grantee’s Project Manager (not funded by this agreement) will be responsible for all aspects of the administration of this G rant which include procurement, training, staging, and usage of the equipment. 6.04 Location: The equipment will be staged at the San Rafael Fire Station, located at 1375 5th Avenue San Rafael, CA 94901 Marin County. 6.05 Materials and Equipment: See Oil Spill Response Equipment Staging, Marin County , Equipment Specifications (Attachment I). 6.06 Project Implementation: Consistent with the Grantee’s proposal for this Project, the Grantee will complete the following tasks in accordance with Section 6.0 7 – Schedule of Due Dates and Deliverables: Task 1 – Equipment Ordering The Grantee’s Project Manager assisted by the Grantee’s Project Coordinator will place an order per OSPR equipment specifications which is attached hereto as Oil Spill Response Equipment Staging, Marin County Equipment Specifications (Attachment I) and made a part of this Agreement. Task 2 – Equipment Delivery & Familiarization/Training The Grantee’s Project Manager assisted by the Grantee’s Project Coordinator will c oordinate the delivery of the equipment. 1. Ensure key response staff (actual staff and total number of staff, to be determined by the Grantee) receives training/familiarization which should entail: a. Health and safety concerns when deploying the equipment on oil spills, b. Equipment familiarization, c. Care, storage, and maintenance of the equipment, d. Usage as it pertains to the Local Geographic Response Plans and other pertinent strategies, Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 5 of 10 e. Decontamination of personnel and the equipment, f. A practical hands-on deployment of the equipment, and g. Limitations of the equipment. 2. Submit a report to the CDFW Grant Manager with the equipment staging location. 3. The CDFW Grant Manager will perform an inspection of the trailer and equipment. Task 3 – Project Management and Administration 1. The Grantee’s Project Manager assisted by the Grantee’s Project Coordinator will f urnish the necessary personnel, equipment, material and/or service(s) necessary for routine or incidental deployment of the equipment provided in this Agreement. 2. The Grantee’s Project Manager assisted by the Grantee’s Project Coordinator may deploy the equipment in the event of an oil spill within the Grantee’s jurisdiction, for the shelf life of the equipment. The Grantee will notify the CDFW Grant Manager within 15 days, by phone or e-mail, when the equipment is used in conjunction with an oil spill response. The Grantee also agrees to notify the CDFW Grant Manager if the equipment is relocated to a different staging location within the jurisdiction. 3. The Grantee’s Project Manager assisted by the Grantee’s Project Coordinator will provide the CDFW Grant Manager with equipment access such as facility/storage security access codes, keys to the gate and trailer locks, or designate staff to be on-site to allow the necessary access. The Grantee’s Project Manager will be responsible for all aspects of the administration of this Agreement, including procurement, invoicing, final reporting, training, staging, and usage of the equipment. 6.07 Schedule of Due Dates and Deliverables: Task Description Deliverables Estimated Completion Dates 1 Equipment Ordering Equipment May 15, 2025 2 Equipment Delivery and Familiarization/Training Training and Location Report May 15, 2025 3 Project Management and Administration Invoice May 30, 2025 Final Report May 30, 2025 Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 6 of 10 SECTION 7 – CONTACTS The point of contact may be changed at any time by either party by providing a 10 day advance written notice to the other party. The Parties hereby designate the following points of contact during the Term of this Agreement: CDFW Grant Manager Grantee Project Manager Name: Cindy Murphy Name: Cristine Alilovich Title: Staff Services Manager I Title: City Manager Address: P.O. Box 944209 Sacramento, CA 94244-2090 Address: 1400 5th Avenue San Rafael, CA 94901 Phone: (916) 616-4515 Phone: (415) 485-3070 Email: cindy.murphy@wildlife.ca.gov Email: cristine.alilovich@cityofsanrafael.org Direct all administrative inquiries to: CDFW Grant Coordinator Grantee Project Coordinator Name: Julia-Malia Olea Name: Thomas Wong Title: Contract/Grant Coordinator Title: Senior Management Analyst II Address: P.O. Box 944209 Sacramento, CA 94244-2090 Address: 1375 5th Avenue San Rafael, CA 94901 Phone: (916) 216-1303 Phone: (415) 485-5360 Email: julia-malia.olea@wildlife.ca.gov Email: thomas.wong@cityofsanrafael.org SECTION 8 – REPORTS 8.01 Final Report: No Progress Reports are required; however , the Grantee shall submit a Final Report by the date listed in Section 6.07 – Schedule of Due Dates and Deliverables. The report shall summarize the life of this Agreement and describe the work and results pursuant to Section 6 – Project Statement. The Final Report will be submitted, electronically, to the CDFW Grant Manager upon completion of the Project tasks. The CDFW Grant Manager will provide the Grantee a sample Final Report template, upon request. The Final Report will consist of one electronic version in Microsoft Word (or compatible format), upon the completion of this Project. 8.02 Document Accessibility: CDFW follows the Web accessibility standards of California Government Code Sections 7405 and 11135, and the Web Content Accessibility Guidelines (WCAG). Since all Office of Spill Prevention and Response Oil Spill Response Equipment Staging Final Reports will be posted to CDFW’s website, grantees must ensure that the WCAG standards for adequate accessibility to people with disabilities are met for all Reports and associated submittals. Final Reports, and all associated documents, should be submitted as Word Documents for ease of editing to meet WCAG standards. Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 7 of 10 SECTION 9 – BUDGET AND PAYMENT 9.01 Budget Details and Funding Summary: The Grantor will provide an amount not to exceed $45,000.00 as detailed below in the Line-Item Budget Detail (Budget) below. The Grantee or its partners will provide up to $0.00 in funds or in-kind services as cost share to complete tasks described in Section 6 – Project Statement. 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 Equipment Specifications (Attachment I). Line-Item Budget Detail A. PERSONNEL SERVICES Not Applicable $0.00 Total Personnel Services $0.00 B. OPERATING EXPENSES: GENERAL Equipment identified in Attachment I ($5,000 or more per item) $45,000.00 Subtotal Operating Expenses: General $45,000.00 C. OPERATING EXPENSES: SUBCONTRACTORS Not Applicable $0.00 Subtotal Operating Expenses: Subcontractors $0.00 D. OPERATING EXPENSES: EQUIPMENT Not Applicable $0.00 Subtotal Operating Expenses: Equipment $0.00 E. INDIRECT COSTS Indirect Charge Rate 0% (Applies to Sections A + B only) $0.00 F. GRAND TOTAL (A+B+C+D+E) $45,000.00 9.01.1 Budget Flexibility: The Grantee must submit all budget line item revision requests, in writing, to the CDFW Grant Manager, prior to implementing any changes. All proposed budget changes require prior approval from the CDFW Grant Manager, regardless of budgetary impact. Informal Budget adjustments between existing line items may be permitted. Any revision to the Line-Item Budget Detail must comply with Section 5.08 – Amendments. Considerations for informal Budget adjustments, if granted, must include: 1. Revisions which are consistent with the purpose, objectives, and description of the Project as detailed in Section 6 – Project Statement; Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 8 of 10 2. Revisions that do not increase or decrease the total Agreement amount; 3. Revisions that do not substitute key personnel; and 4. Line-item shifts within a budget category (e.g., Field Supplies to Travel) up to $25,000 or 10% of the Agreement amount, whichever is less. Formal Budget adjustments will be considered by the Grantor, with prior approval from the CDFW Grant Manager. An amendment to the Agreement is required if a formal Budget adjustment is approved. Considerations for formal amendments, if granted, include: 1. Shifting Grant Funds between budget categories (e.g., Personnel Services to Operating Expenses); 2. Increasing or decreasing the total Agreement amount; 3. Substituting key personnel; or 4. Line-item shifts within a budget category (e.g., Field Supplies to Travel) that exceeds $25,000 or 10% of the Agreement amount, whichever is less. 9.02 Payment Provisions: 9.02.1 Disbursements: Grant disbursements will be made to the Grantee in one lump sum payment in arrears, upon receipt of an original itemized invoice and any required mandatory documentation as identified in Section 6.07 – Schedule of Due Dates and Deliverables. The Grant disbursements will be mailed to the following Grantee address: Grantee Name: San Rafael Fire Department Attention: Thomas Wong Address: 1375 5th Avenue San Rafael, CA 94901 9.02.2 Invoice Documentation: The invoice for payment must be accompanied by the Final Report. If there is cost share involved with this project, the final invoice must include a budget summary of cost share expenditures by fund source. The CDFW Grant Manager will provide the Grantee with a sample invoice template upon request. The Final Invoice must be submitted to the CDFW Grant Manager by the date identified in Section 6.07 – Schedule of Due Dates and Deliverables. The invoice package must be sent hard copy or emailed to the CDFW Grant Manager, as identified in Section 7 – Contacts. Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 9 of 10 Requirements: The invoice shall contain the following information: 1. The word “Invoice” should appear in a prominent location at the top of the page(s); 2. The printed name of Grantee on company letterhead; 3. The Grantee’s business address, including P.O. Box, City, State, and Zip Code; 4. The name of the CDFW Region/Division being billed; 5. The invoice date and the time period covered; i.e., the term “from” and “to”; 6. This Agreement number and the sequential number of the invoice (i.e., Q 2475068-Invoice 1); 7. The invoice must be itemized using the categories and following the format of the Budget; 8. 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; 9. The original signature of the Grantee; and 10. The Grantee must provide supporting documentation for the invoice and actual receipts. Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 Q2475068 SAN RAFAEL FIRE DEPARTMENT Page 10 of 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of Grantor date set forth below the signature. AUTHORIZED AGENT FOR G RANTEE By: Signature: Printed Name: Cristine Alilovich Title: City Manager Date: CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE By: Signature: Printed Name: Amy Mowrer Title: Branch Manager, Business Management Branch Date: This Agreement is exempt from DGS -OLS approval, per SCM 4.06. Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537 7/23/2024 Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 8/6/2024 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS Grant Agreement Number: Grantee Name: Page 1 of 7 (Rev. 07/08/2021) 1. APPROVAL: This Agreement is of no force or effect until signed by both Parties. Grantee shall not incur any costs in reliance on this Agreement until this Agreement has been signed by both Parties. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. Only persons duly authorized to sign an amendment on behalf of CDFW may do so. No oral understanding or agreement not incorporated in this Agreement is binding on either of the Parties. 3. ASSIGNMENT: This Agreement is not assignable by Grantee, either in whole or in part, without written approval from CDFW. 4. AUDIT: Grantee agrees that CDFW, the Department of Finance (“DOF”), Department of General Services (“DGS”), California State Auditor’s Office (“CSA”), or their designated representatives shall have the right to review and to copy any records and supporting documentation related to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three years after CDFW’s final payment to Grantee pursuant to this Agreement, 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 the following term or a substantially similar term in any subcontract related to performance of this Agreement: Subcontractor agrees that CDFW, the Department of Finance, Department of General Services, California State Auditor’s Office, or their designated representatives shall have the right to review and to copy any records and supporting documentation related to the performance of this agreement. Subcontractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated. Subcontractor 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. Subcontractor agrees to put a substantially similar term in any subcontract it executes with another entity related to the performance of this agreement. 5. INDEMNIFICATION: Grantee agrees to indemnify, defend, and save harmless the State of California (“State”) and CDFW and their officers, agents, and employees from any and all claims and losses accruing or resulting to any and all 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. CDFW agrees to indemnify, defend, and save harmless Grantee and its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all subcontractors, Q2475068 San Rafael Fire Department Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS Grant Agreement Number: Grantee Name: Page 2 of 7 (Rev. 07/08/2021) 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 CDFW in the performance of this Agreement but, collectively, only in proportion to and to the extent that such claims or losses are caused by or result from the negligent or intentional acts or omissions of CDFW or its officers, agents, and employees. 6. DISPUTES: Grantee shall continue with its responsibilities under this Agreement during any dispute. 7. 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 CDFW. Grantee acknowledges and promises that CDFW is not acting as an employer to any individuals furnishing services or work on the Project pursuant to this Agreement. 8. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family-care leave, medical-care leave, or pregnancy-disability leave. Grantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 (a-f) et seq.) and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated by reference into this Agreement. Grantee shall give written notice of its obligations under this non-discrimination clause to labor organizations with which Grantee has a collective bargaining or other agreement and shall post in conspicuous places available to employees and applicants for employment notice setting forth the provisions of this Section 8. Further, Grantee agrees to include the following term or a substantially similar term in any subcontract related to performance of this Agreement: During the performance of this agreement, Subcontractor shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family- care leave, medical-care leave, or pregnancy-disability leave. Subcontractor shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment Q2475068 San Rafael Fire Department Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS Grant Agreement Number: Grantee Name: Page 3 of 7 (Rev. 07/08/2021) are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subcontractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 (a-f) et seq.) and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated by reference into this agreement. Subcontractor shall give written notice of its obligations under this non-discrimination clause to labor organizations with which Subcontractor has a collective bargaining or other agreement and shall post in conspicuous places available to employees and applicants for employment notice setting forth the provisions of this section. Subcontractor agrees to put a substantially similar term in any subcontract it executes with another entity related to the performance of this 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. REGULATORY COMPLIANCE: Grantee’s implementation of the Project must comply with all applicable federal, state, and local government statutes, laws, regulations, codes, ordinances, orders, or other governmental and quasi-governmental requirements that apply to the Project (including its planning, construction, management, monitoring, operation, use, and maintenance). The costs associated with such regulatory compliance may be reimbursed under this Agreement only to the extent authorized by the Budget Detail and Funding Summary section of this Agreement. Grantee’s implementation of the Project must comply with the California Labor Code. Projects funded in whole or in part with CDFW grant funds may be public works projects under the Labor Code. (See Section 1720 et seq.) Labor Code compliance may require the payment of prevailing wage. Grantee is responsible for Labor Code compliance, and CDFW cannot provide advice about Labor Code compliance. Grantee’s implementation of the Project must comply with the California Business and Professions Code. Grantee shall be responsible for obtaining the services of an appropriately licensed professional if required by the Business and Professions Code, including but not limited to Section 6700 et seq. (Professional Engineers Act) and Section 7800 et seq. (Geologists and Geophysicists Act). CDFW cannot provide advice about Business and Professions Code compliance. 11. RIGHTS IN DATA: 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 CDFW as set forth in this Section 11. CDFW 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 Q2475068 San Rafael Fire Department Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS Grant Agreement Number: Grantee Name: Page 4 of 7 (Rev. 07/08/2021) is copyrightable, Grantee may copyright the same, except that, as to any work which is copyrighted by Grantee, CDFW 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 this Agreement were executed after that determination was made. 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 State Legislature of any statute enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner. If the Legislature does not appropriate sufficient funds for this Agreement, CDFW may terminate this Agreement in accordance with Section 13 of this Exhibit 1.a or amend this Agreement to reflect any reduction of funds. 13. RIGHT TO TERMINATE: a. This agreement may be terminated by mutual consent of both Parties or by any Party upon 30 days written notice and delivered in person, USPS First Class Mail, or electronic transmission. b. In the event of termination of this Agreement, Grantee shall immediately provide CDFW an accounting of all Grant Funds received under this Agreement. c. Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of either Party already incurred prior to such termination. CDFW shall reimburse Grantee for all allowable and reasonable costs incurred by Grantee for the Project, including foreseeable and uncancellable obligations. Upon notification of termination from CDFW, Grantee shall make reasonable efforts to limit any outstanding financial commitments. 14. USE OF SUBCONTRACTOR(S): If Grantee desires to accomplish part of the Project through the use of one or more subcontractors, the following conditions must be met: a. Grantee shall submit any subcontracts to CDFW for inclusion in the grant file; b. Agreements between the Grantee and the subcontractor must be in writing; c. Subcontracts must include language establishing the audit rights of CDFW, DOF, DGS, CSA, or their designated representatives with respect to subcontractors that complies with Section 4 of this Exhibit 1.a.; d. Subcontracts must include non-discrimination clause language with respect to subcontractors that complies with Section 8 of this Exhibit 1.a; and e. Upon termination of any subcontract, the CDFW Grant Manager shall be notified immediately, in writing. Q2475068 San Rafael Fire Department Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS Grant Agreement Number: Grantee Name: Page 5 of 7 (Rev. 07/08/2021) 15. POTENTIAL SUBCONTRACTOR(S): Nothing contained in this Agreement or otherwise shall create any contractual relation between CDFW and any of Grantee’s subcontractor(s) and no subcontract shall relieve Grantee of its responsibilities and obligations hereunder. Grantee agrees to be as fully responsible to CDFW 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 Grantee. Grantee’s obligation to pay its subcontractor(s) is an independent obligation from CDFW’s obligation to make payments to Grantee. As a result, CDFW shall have no obligation to pay or to enforce the payment of any monies to any of Grantee’s subcontractors. 16. TRAVEL AND PER DIEM: If the reimbursement of travel or per diem costs are authorized by this Agreement, such costs shall be reasonable and not exceed those amounts identified in the California Department of Human Resources travel reimbursement guidelines. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the CDFW Grant Manager. 17. LIABILITY INSURANCE : Unless otherwise specified in this Agreement, when Grantee submits a signed Agreement to CDFW, Grantee shall also furnish to CDFW either proof of self-insurance or a certificate of insurance stating that there is liability insurance presently in effect for 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 CDFW 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 30-days prior written notice to CDFW; b. The State and CDFW and their officers, agents, employees, and servants are included as additional insured, insofar as the operations under this Agreement are concerned; and c. CDFW will not be responsible for any premiums or assessments on the policy. Grantee agrees that the 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 this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of CDFW, and Grantee agrees that no work or services shall be performed prior to CDFW giving such approval. In the event Grantee fails to keep in effect, at all times, insurance coverage as herein provided, CDFW 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 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. If subcontractors performing work for Grantee under this Agreement cannot provide to Grantee either proof of self-insurance Q2475068 San Rafael Fire Department Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS Grant Agreement Number: Grantee Name: Page 6 of 7 (Rev. 07/08/2021) or a certificate of insurance stating that the subcontractor has liability insurance of not less than $1,000,000 per occurrence for bodily injury or property damage liability combined, then Grantee’s liability insurance shall provide such coverage for the subcontractor. 18. GRANTEE STAFF REQUIREMENTS: 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 CDFW. 19. EQUIPMENT PURCHASES: For purposes of this Agreement, “Equipment” means tangible personal property having a useful life of four years, and “Major Equipment” means Equipment with a unit cost of $5,000 or more. The unit cost includes the purchase price plus all costs to acquire, install, and prepare the equipment for its intended use. Grantee may purchase Major Equipment under this Agreement only when a specific type Major Equipment is listed in the Budget Details and Funding Summary section of this Agreement. This restriction on the purchase of Major Equipment does not include the lease or rental of Major Equipment. Grantee shall own all Equipment purchased under this Agreement; CDFW does not claim title or ownership to such Equipment. Grantee shall keep, and make available to CDFW upon CDFW’s request, appropriate records of all Equipment purchased with Grant Funds. Equipment purchased by Grantee outside the term of this Agreement is not eligible for reimbursement by CDFW under this Agreement. When Grantee submits an invoice to CDFW for reimbursement of Major Equipment purchase costs, that invoice must include a receipt listing the purchase price of the Major Equipment and the serial number and model number of the Major Equipment. That invoice must also include the location, including street address, where the Major Equipment will be used during the term of this Agreement. 20. GRANTEE’S PROCUREMENT OF GOODS AND/OR SERVICES: Grantee’s process for procuring goods or services to carry out the Project under this Agreement must reasonably ensure that Grantee is making sound business decisions. 21. DRUG-FREE WORKPLACE CERTIFICATION: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about all of the following: 1. the dangers of drug abuse in the workplace; 2. the person's or organization's policy of maintaining a drug-free workplace; 3. any available counseling, rehabilitation, and employee assistance programs; and, 4. penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1. receive a copy of the company's drug-free policy statement; and Q2475068 San Rafael Fire Department Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS Grant Agreement Number: Grantee Name: Page 7 of 7 (Rev. 07/08/2021) 2. agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of disbursements under this Agreement or termination of the Agreement or both, and Grantee may be ineligible for award of any future State agreements if CDFW determines that any of the following has occurred: (1) Grantee has made false certification or (2) Grantee has violated the certification by failing to carry out the requirements as noted above. 22. UNION ORGANIZING: Grantee acknowledges the applicability to this Agreement of Government Code Sections 16645 through 16649, and certifies that: a. No Grant Funds disbursed pursuant to this Agreement will be used to assist, promote, or deter union organizing; b. Grantee shall account for Grant Funds disbursed for a specific expenditure pursuant to this Agreement to show those funds were allocated to that expenditure; c. Grantee shall, where Grant Funds are not designated as described in Section 22(b) above, allocate, on a pro-rata basis, all disbursements that support the grant program; and d. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no Grant Funds were used for those expenditures and shall provide those records to the Attorney General upon request. 23. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Q2475068 San Rafael Fire Department Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE EXHIBIT 3 – NOTICE OF ECONOMIC SANCTIONS Grant Agreement Number: Grantee Name: Page 1 of 1 (Rev. 06/24/2022) Grantee and its subcontractor(s), collectively referred to as “Grantee”, shall follow Federal, State, and local orders, guidelines and directives, and CDFW policies related to any Executive Order (EO) issued by the Governor of the State of California regarding economic sanctions. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grants with, and to refrain from entering any new grants with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. Q2475068 San Rafael Fire Department Docusign Envelope ID: 3969F9A3-5602-4698-AD77-513B054E0537Docusign Envelope ID: 1D7CF78C-FAD7-4942-AEBC-6BF0C85E4700