HomeMy WebLinkAboutCounty of Mendocino 2011-11-08BOS Agreement # A- k44
Branch: Community Health Services
COUNTY OF MENDOCINO
STANDARD SERVICES AGREEMENT
This Agreement, dated as of _ 0UVT^ 1 b_, 2011, is by and between the
COUNTY OF MENDOCINO, hereinafter referred to as the "COUNTY", and City of
Ukiah hereinafter referred to as the "CONTRACTOR".
WITNESSETH
WHEREAS, pursuant to Government Code Section 31000, COUNTY may retain
independent contractors to perform special services to or for COUNTY or any
department thereof; and,
WHEREAS, COUNTY desires to contract with City of Ukiah to conduct a Greenhouse
Gas (GHG) Emissions Inventory, complete a Climate Action Plan, and complete its
Downtown Zoning Code; and,
WHEREAS, CONTRACTOR is willing to provide such services on the terms and
conditions set forth in this AGREEMENT and is willing to provide same to COUNTY.
NOW, THEREFORE it is agreed that COUNTY does hereby retain CONTRACTOR to
provide the services described in Exhibit "A", and CONTRACTOR accepts such
engagement, on the General Terms and Conditions hereinafter specified in this
Agreement, the Additional Provisions attached hereto, and the following described
exhibits, all of which are incorporated into this Agreement by this reference:
Exhibit A Definition of Services
Exhibit B Payment Terms
Exhibit C Insurance Requirements
Exhibit D Assurance of Compliance with Nondiscrimination
Exhibit E Grantee Certification of Compliance
Appendix A Certification Regarding Debarment, Suspension, and other Responsibility
Matters - lower tier covered transactions
Appendix B California Department of Conservation - Division of Land Resource
Protection Strategic Growth Council - 2011 Sustainable Communities
Planning Grants, Grant Agreement
Appendix C Grant Summary, Work Plan, and Schedule of Deliverables
Appendix D Detailed Budget and Payment Provisions
The term of this Agreement shall be from September 1, 2011 through September 1,
2012.
The compensation payable to CONTRACTOR hereunder shall not exceed One
Hundred Thousand Dollars ($100,000) for the term of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
COUNTY OF MENDOCINO
By
Kendall Smith, Chair and/or
John McCowen, Vice Chair
Board of Supervisors
Date: OV 0 2011
CONTRACTOR/COMPANY NAME
/ Signature
Pr' d Name: Jane Chambers
Title: CitV Manager
Date:
ATTEST:
CARMEL J. ANGELO, Clerk of said Board
By
Deputy
I hereby certify that according to the provisions of
Government Code Section 25103, delivery of this
document has been made.
CARMEL J. ANGELO, Clerk of said Board
Date: q -A - i 1
Budgeted: Z Yes ❑ No
Budget Unit: 4010
Line Item (Acct String): 86-3280
Org/Object Code: PH-Sust
Grant: ® Yes ❑ No
Grant No.: 3010-517
INSURANCE REVIEW:
RISK MANAGER
By
KRISTIN McMENOMEY, Director
NAME AND ADDRESS OF CONTRACTOR:
City of Ukiah
300 Seminary Ave.
Ukiah. CA 95482
By signing above, signatory warrants and
represents that he/she executed this
Agreement in his/her authorized capacity
and that by his/her signature on this
Agreement, he/she or the entity upon behalf
of which he/she acted, executed this
Agreement
COUNTY COUNSEL REVIEW:
APPROVED AS TO FORM:
JEANINE B. NADEL, County Counsel
By
Date:
EXECUTIVE OFFICE REVIEW:
APPROVALS ECOMM LADED '
By
Carm !=J Angelo, Chief Exe&Utive Officer
Date: ° (I /
Fiscal Review:
General Services Agency
Date: a r' By: i f l
Deputy CEO/Fiscal Date
Signatory Authority: $0-25,000 Department; $25,001- 50,000 Purchasing Agent; $50;001+ Board of Supervisors
Exception to Bid Process Required/Completed ® Exception 11-126
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GENERAL TERMS AND CONDITIONS
INDEPENDENT CONTRACTOR: No relationship of employer and employee is
created by this Agreement; it being understood and agreed that CONTRACTOR
is an Independent Contractor. CONTRACTOR is not the agent or employee of
the COUNTY in any capacity whatsoever, and COUNTY shall not be liable for
any acts or omissions by CONTRACTOR nor for any obligations or liabilities
incurred by CONTRACTOR.
CONTRACTOR shall have no claim under this Agreement or otherwise, for
seniority, vacation time, vacation pay, sick leave, personal time off, overtime,
health insurance medical care, hospital care, retirement benefits, social security,
disability, Workers' Compensation, or unemployment insurance benefits, civil
service protection, or employee benefits of any kind.
CONTRACTOR shall be solely liable for and obligated to pay directly all
applicable payroll taxes (including federal and state income taxes) or
contributions for unemployment insurance or old age pensions or annuities which
are imposed by any governmental entity in connection with the labor used or
which are measured by wages, salaries or other remuneration paid to its officers,
agents or employees and agrees to indemnify and hold County harmless from
any and all liability which COUNTY may incur because of CONTRACTOR's
failure to pay such amounts.
In carrying out the work contemplated herein, CONTRACTOR shall comply with
all applicable federal and state workers' compensation and liability laws and
regulations with respect to the officers, agents and/or employees conducting and
participating in the work; and agrees that such officers, agents, and/or employees
will be considered as Independent Contractors and shall not be treated or
considered in any way as officers, agents and/or employees of COUNTY.
CONTRACTOR does, by this Agreement, agree. to perform his/her said work and
functions at all times in strict accordance with all applicable federal, state and
County laws, including but not limited to prevailing wage laws, ordinances,
regulations, titles, departmental procedures and currently approved methods and
practices in his/her field and that the sole interest of COUNTY is to ensure that
said service shall be performed and rendered in a competent, efficient, timely
and satisfactory manner and in accordance with the standards required by the
County agency concerned.
Notwithstanding the foregoing, if the COUNTY determines that pursuant to state
and federal law CONTRACTOR is an employee for purposes of income tax
withholding, COUNTY may upon two (2) week's written notice to
CONTRACTOR, withhold from payments to CONTRACTOR hereunder federal
and state income taxes and pay said sums to the federal and state governments.
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2. INDEMNIFICATION: CONTRACTOR shall indemnify, defend, and hold harmless
the COUNTY, its officers, agents, and employees, from and against any and all
claims, liabilities, and losses whatsoever including damages to property and
injuries to, or death of persons, reasonable attorney's fees, expert fees and court
costs occurring or resulting, or alleged to be occurring or resulting, to any and all
persons, firms or corporations furnishing or supplying work, services, materials,
or supplies in connections with the CONTRACTOR'S performance or its
obligations under this AGREEMENT, and from any and all claims, liabilities, and
losses occurring or resulting, or alleged to be occurring or resulting, to any
person, firm, or corporation for damage, injury, or death arising out of or
connected with the CONTRACTOR'S performance of its obligations under this
AGREEMENT, unless such claims, liabilities, or losses arise out of the sole
negligence or willful misconduct of COUNTY. "CONTRACTOR'S performance"
includes CONTRACTOR'S action or inaction and the action or inaction of
CONTRACTOR'S officers, employees, agents and subcontractors.
3. INSURANCE AND BOND: CONTRACTOR shall at all times during the term of
the Agreement with the COUNTY maintain in force those insurance policies and
bonds as designated in the attached Exhibit C, and will comply with all those
requirements as stated therein.
4. WORKERS' COMPENSATION: CONTRACTOR shall provide Workers'
Compensation insurance, as applicable, at CONTRACTOR's own cost and
expense and further, neither the CONTRACTOR nor its carrier shall be entitled to
recover from COUNTY any costs, settlements, or expenses of Workers'
Compensation claims arising out of this Agreement.
5. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, CONTRACTOR shall
observe and comply with all applicable laws, ordinances, codes and
regulations of governmental agencies, including federal, state, municipal,
and local governing bodies, having jurisdiction over the scope of services,
including all applicable provisions of the California Occupational Safety
and Health Act. CONTRACTOR shall indemnify and hold COUNTY
harmless from any and all liability, fines, penalties and consequences from
any of CONTRACTOR's failures to comply with such laws, ordinances,
codes and regulations.
b. Accidents: If a death, serious personal injury or substantial property
damage occurs in connection with CONTRACTOR's performance of this
Agreement, CONTRACTOR shall immediately notify Mendocino County
Risk Manager's Office by telephone. CONTRACTOR shall promptly
submit to COUNTY a written report, in such form as may be required by
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COUNTY of all accidents which occur in connection with this Agreement.
This report must include the following information: (1) name and address
of the injured or deceased person(s); (2) name and address of
CONTRACTOR's sub-contractor, if any; (3) name and address of
CONTRACTOR's liability insurance carrier; and (4) a detailed description
of the accident and whether any of COUNTY's equipment, tools, material,
or staff were involved.
C. CONTRACTOR further agrees to take all reasonable steps to preserve all
physical evidence and information which may be relevant to the
circumstances surrounding a potential claim, while maintaining public
safety, and to grant to the COUNTY the opportunity to review and inspect
such evidence, including the scene of the accident.
6. PAYMENT: For services performed in accordance with this Agreement, payment
shall be made to CONTRACTOR as provided in Exhibit "B" hereto as funding
permits.
7. TRAVEL EXPENSES: CONTRACTOR shall not be allowed or paid travel
expenses unless set forth in this Agreement.
8. TAXES: Payment of all applicable federal, state, and local taxes shall be the
sole responsibility of the CONTRACTOR.
9. OWNERSHIP OF DOCUMENTS: CONTRACTOR hereby agrees to provide to a
private, not-for-profit, successor and if there is none then assigns the COUNTY
and its assignees all copyright and other use rights in any and all proposals,
plans, specification, designs, drawings, sketches, renderings, models, reports
and related documents (including computerized or electronic copies) respecting
in any way the subject matter of this Agreement, whether prepared by the
COUNTY, the CONTRACTOR, the CONTRACTOR's subcontractors or third
parties at the request of the CONTRACTOR (collectively, "Documents and
Materials"). This explicitly includes the electronic copies of all above stated
documentation.
CONTRACTOR shall be permitted to retain copies, including reproducible copies
and computerized copies, of said Documents and Materials. CONTRACTOR
agrees to take such further steps as may be reasonably requested by COUNTY
to implement the aforesaid assignment. If for any reason said assignment is not
effective, CONTRACTOR hereby grants the COUNTY and any assignee of the
COUNTY an express royalty - free license to retain and use said Documents and
Materials. The COUNTY's rights under this paragraph shall apply regardless of
the degree of completion of the Documents and Materials and whether or not
CONTRACTOR's services as set forth in Exhibit "A" of this Agreement have been
fully performed or paid for.
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CONTRACTOR shall pay all royalties and license fees which may be due for any
patented or copyrighted materials, methods or systems selected by the
CONTRACTOR and incorporated into the work as set forth in Exhibit "A", and
shall defend, indemnify and hold the COUNTY harmless from any claims for
infringement of patent or copyright arising out of such selection.
The COUNTY's rights under this Paragraph 9 shall not extend to any computer
software used to create such Documents and Materials.
10. CONFIDENTIALITY: CONTRACTOR agrees to require its employees to comply
with the provisions of Section 10850 of the Welfare and Institutions Code and
Division 19000 of the State of California, Department of Social Services, Manual
of Policies and Procedures, to assure that:
a. All applications and records concerning an individual, made or kept by any
public officer or agency in connection with the administration of any
provision of the Welfare and Institutions Code relating to any form of
public social services for which grants-in-aid are received by this State
from the Federal Government shall be confidential and shall not be open
to examination for any purpose not directly connected with the
administration of such public social services.
b. No person shall publish or disclose, or use or permit, or cause to be
published, disclosed or used, any confidential information pertaining to an
applicant or recipient.
Contractor agrees to inform all its employees, agents, and partners of the above
provisions and that any person who knowingly or intentionally violates the
provisions of said State law is guilty of a misdemeanor.
11. MONITORING: CONTRACTOR shall cooperate fully with any utilization review
committee established by the COUNTY for the purpose of monitoring the
accomplishments and effectiveness of CONTRACTOR and specific services
provided to individuals.
12. GRIEVANCE PROCEDURE: CONTRACTOR agrees to provide a system
through which recipients of service shall have the opportunity to express and
have considered their views, grievances and complaints regarding the delivery of
services. This system shall include notification to the recipients of their right to a
state hearing.
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13. ABUSE REPORTING REQUIREMENTS:
a. CHILD ABUSE REPORTING REQUIREMENT: CONTRACTOR shall
ensure that all known or suspected instances of child abuse or neglect are
reported to a child protective agency as defined in Penal Code Section
11165(k). This responsibility shall include:
(1) A requirement that all employees, consultants, or agents
performing services under this agreement who are required by Penal
Code Section 11166, to report child abuse or neglect, sign a statement
that he or she knows of the reporting requirements and shall comply
with them.
(2) Establishing procedures to ensure reporting even when
employees, consultants, or agents who are not required to report child
abuse under Penal Code 11166, gain knowledge of, or reasonably
suspect that a child has been a victim of abuse or neglect.
b. ADULT ABUSE REPORTING REQUIREMENT: CONTRACTOR shall
ensure that all known or suspected instances of elder abuse as defined in
Welfare and Institutions Code 15610 are reported to Adult Protective
Services. This responsibility shall include:
(1) A requirement that all employees, consultants, or agents
performing services under this agreement who are required by Welfare
and Institutions Code Section 15630 and 15632, to report adult abuse
or neglect, sign a statement that he or she knows of the reporting
requirements and shall comply with them.
(2) Establishing procedures to ensure reporting even when
employees, consultants, or agents who are not required to report adult
abuse under Welfare and Institutions Code Section 15630 and 15632,
gain knowledge of, or reasonably suspect that an adult has been a
victim bf abuse or neglect.
14. HIPAA COMPLIANCE: CONTRACTOR agrees to comply with the applicable
regulations for the Health Insurance Portability and Accountability Act (HIPAA)
and shall hold the COUNTY harmless from any sanctions received by the
CONTRACTOR, to the extent permitted by law, for breach of these regulations.
CONTRACTOR also agrees: patients to whom services are rendered are third-
party beneficiaries of this section; to prohibit any unauthorized disclosures or use
of protected information; to put in place appropriate safeguards ensuring only
permitted uses and disclosures; to immediately report to COUNTY reports of any
unauthorized uses or disclosures; ensure that sub-contractors of CONTRACTOR
agree to the provisions of this section; to consent to patient access to their own
health information; to make protected information available to the Federal
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Department of Health and Human Services as well as all internal compliance
policies and procedures; to provide for the destruction of protected information
upon agreement termination unless it must be retained to comply with another
provision of law; and to ensure appropriate correction or amendment of records.
A failure by CONTRACTOR to adhere to these provisions shall result in
agreement termination.
15. ELIGIBILITY FOR SERVICES: The COUNTY shall determine eligibility for
receiving services under this agreement.
16. CONFLICT OF INTEREST: The CONTRACTOR covenants that it presently has
no interest, and shall not have any interest, direct or indirect, which would conflict
in any manner with the performance of services required under this Agreement.
17. NOTICES: All notices, requests, demands, or other communications under this
Agreement shall be in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are
effective on delivery.
First Class Mail: When mailed first class to the last address of the recipient
known to the party giving notice, notice is effective three (3) mail delivery days
after deposit in a United States Postal Service office or mailbox. Certified Mail:
When mailed certified mail, return receipt requested, notice is effective on
receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal
Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges
prepaid or charged to the sender's account, notice is effective on delivery, if
delivery is confirmed by the delivery service.
Facsimile transmission: When sent by facsimile to the facsimile number of the
recipient known to the party giving notice, notice is effective on receipt, provided
that, (a) a duplicate copy of the notice is promptly given by first-class or certified
mail or by overnight delivery, or (b) the receiving party delivers a written
confirmation of receipt. Any notice given facsimile shall be deemed received on
the next business day if it is received after 5:00 p.m. (recipient's time) or on a
non-business day.
Addresses for purpose of giving notice are as follows:
To COUNTY: COUNTY OF MENDOCINO
Community Health Services
1120 S. Dora Street
Ukiah, CA 95482
Attn: Tina Tyler-O'Shea
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To CONTRACTOR: City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
Attn: Jane Chambers
Any correctly addressed notice that is refused, unclaimed, or undeliverable
because of an act or omission of the party to be notified shall be deemed
effective as of the first date that said notice was refused, unclaimed, or deemed
undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or facsimile number by giving the other party
notice of the change in any manner permitted by this Agreement.
18. USE OF COUNTY PROPERTY: CONTRACTOR shall not use County property
(including equipment, instruments and supplies) or personnel for any purpose
other than in the performance of his/her obligations under this Agreement.
19. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS:
CONTRACTOR certifies that it will comply with all federal and state laws
pertaining to equal employment opportunity and that it shall not discriminate
against any employee or applicant for employment on the basis of race, color,
religion, age, sex, national origin, ancestry, marital status, political affiliation or
physical or mental condition, in matters pertaining to recruitment, hiring, training,
upgrading, transfer, compensation or termination.
a. CONTRACTOR shall, in all solicitations or advertisements for applicants
for employment placed as a result of this Agreement, state that it is an
"Equal Opportunity Employer" or that all qualified applicants will receive
consideration for employment without regard to their race, creed, color,
disability, sex, sexual orientation, national origin, age, religion, Vietnam
era Veteran's status, political affiliation, or any other non-merit factor.
b. CONTRACTOR shall, if requested to so do by the COUNTY, certify that it
has not, in the performance of this Agreement, discriminated against
applicants or employees because of their race, creed, color, disability, sex,
sexual orientation, national origin, age, religion, Vietnam era Veteran's
status, political affiliation, or any other non-merit factor.
C. If requested to do so by the COUNTY, CONTRACTOR shall provide the
COUNTY with access to copies of all of its records pertaining or relating to
its employment practices, except to the extent such records or portions of
such records are confidential or privileged under state or federal law.
d. Nothing contained in this Agreement shall be construed in any manner so as
to require or permit any act which is prohibited by law.
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e. The CONTRACTOR shall include the provisions set forth in paragraphs a
through d (above) in each of its subcontracts.
20. NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS
FOR RECIPIENTS OF MENDOCINO COUNTY HEALTH & HUMAN SERVICES
AGENCY: If applicable, under this agreement, the CONTRACTOR provides
assistance or services to any applicant, client, participant or service recipient,
hereinafter referred to as "recipient" of the Mendocino County Health & Human
Services Agency, the CONTRACTOR shall administer said assistance or service
in compliance with the provisions of Exhibit D "Assurance of Compliance with the
Mendocino County Health & Human Services Agency Nondiscrimination in State
and Federally Assisted Programs" form and shall complete and submit to the
COUNTY said form prior to providing said assistance or service under this
agreement. CONTRACTOR shall not charge recipients for the use of
interpreters and shall insure that recipients covered under the provisions of
Exhibit D are not denied or delayed in receiving assistance or services available
to the other recipients under this agreement.
21. DRUG-FREE WORKPLACE: CONTRACTOR and CONTRACTOR's employees
shall comply with the COUNTY's policy of maintaining a drug-free workplace.
Neither CONTRACTOR nor CONTRACTOR's employees shall unlawfully
manufacture, distribute, dispense, possess or use controlled substances, as
defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin,
cocaine, and amphetamines, at any COUNTY facility or work site. If
CONTRACTOR or any employee of CONTRACTOR is convicted or pleads polo
contendere to a criminal drug statute violation occurring at a County facility or
work site, the CONTRACTOR, within five days thereafter, shall notify the head of
the County department/agency for which the agreement services are performed.
Violation of this provision shall constitute a material breach of this Agreement.
22. ENERGY CONSERVATION: CONTRACTOR agrees to comply with the
mandatory standards and policies relating to energy efficiency in the State of
California Energy Conservation Plan, (Title 24, California Administrative Code).
23. COMPLIANCE WITH LICENSING REQUIREMENTS: CONTRACTOR shall
comply with all necessary licensing requirements and shall obtain appropriate
licenses and display the same in a location that is reasonably conspicuous, as
well as file copies of same with the County Executive Office.
24. AUDITS; ACCESS TO RECORDS: The CONTRACTOR shall make available to
the COUNTY, its authorized agents, officers, or employees, for examination any
and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and
other records or documents evidencing or relating to the expenditures and
disbursements charged to the COUNTY, and shall furnish to the COUNTY, within
sixty (60) days after examination, its authorized agents, officers or employees
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such other evidence or information as the COUNTY may require with regard to
any such expenditure or disbursement charged by the CONTRACTOR.
The CONTRACTOR shall maintain full and adequate records in accordance with
County requirements to show the actual costs incurred by the CONTRACTOR in
the performance of this Agreement. If such books and records are not kept and
maintained by CONTRACTOR within the County of Mendocino, California,
CONTRACTOR shall, upon request of the COUNTY, make such books and
records available to the COUNTY for inspection at a location within County or
CONTRACTOR shall pay to the COUNTY the reasonable, and necessary costs
incurred by the COUNTY in inspecting CONTRACTOR's books and records,
including, but not limited to, travel, lodging and subsistence costs. CONTRACTOR
shall provide such assistance as may be reasonably required in the course of such
inspection. The COUNTY further reserves the right to examine and reexamine said
books, records and data during the four (4) year period following termination of this
Agreement or completion of all work hereunder, as evidenced in writing by the
COUNTY, and the CONTRACTOR shall in no event dispose of, destroy, alter, or
mutilate said books, records, accounts, and data in any manner whatsoever for four
(4) years after the COUNTY makes the final or last payment or within four (4) years
after any pending issues between the COUNTY and CONTRACTOR with respect
to this Agreement are closed, whichever is later.
25. DOCUMENTS AND MATERIALS: CONTRACTOR shall maintain and make
available to COUNTY for its inspection and use during the term of this Agreement,
all Documents and Materials, as defined in Paragraph 9 of this Agreement.
CONTRACTOR's obligations under the preceding sentence shall continue for four
(4) years following termination or expiration of this Agreement or the completion of
all work hereunder (as evidenced in writing by COUNTY), and CONTRACTOR
shall in no event dispose of, destroy, alter or mutilate said Documents and
Materials, for four (4) years following the COUNTY's last payment to
CONTRACTOR under this Agreement.
26. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this
Agreement that specify a time for performance; provided, however, that the
foregoing shall not be construed to limit or deprive a party of the benefits of any
grace or use period allowed in this Agreement.
27. TERMINATION: The COUNTY has and reserves the right to suspend, terminate
or abandon the execution of any work by the CONTRACTOR without cause at
any time upon giving to the CONTRACTOR prior written notice. In the event that
the COUNTY should abandon, terminate or suspend the CONTRACTOR's work,
the CONTRACTOR shall be entitled to payment for services provided hereunder
prior to the effective date of said suspension, termination or abandonment. Said
payment shall be computed in accordance with Exhibit B hereto, provided that
the maximum amount payable to CONTRACTOR for its services shall not
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exceed $100,000 payment for services provided hereunder prior to the effective
date of said suspension, termination or abandonment or lack of funding.
28. NON APPROPRIATION: If COUNTY should not appropriate or otherwise make
available funds sufficient to purchase, lease, operate or maintain the services set
forth in this Agreement, or other means of performing the same functions of such
services, COUNTY may unilaterally terminate this Agreement only upon thirty
(30) days written notice to CONTRACTOR. Upon termination, COUNTY shall
remit payment for all products and services delivered to COUNTY and all
expenses incurred by CONTRACTOR prior to CONTRACTOR'S receipt of the
termination notice.
29. CHOICE OF LAW: This Agreement, and any dispute arising from the
relationship between the parties to this Agreement, shall be governed by the laws
of the State of California, excluding any laws that direct the application of another
jurisdiction's laws.
30. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy
contained in or granted by the provisions of this Agreement shall be effective
unless it is in writing and signed by the party waiving the breach, failure, right or
remedy. No waiver of any breach, failure, right or remedy shall be deemed a
waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
31. ADVERTISING OR PUBLICITY: CONTRACTOR shall not use the name of
County, its officers, directors, employees or agents, in advertising or publicity
releases or otherwise without securing the prior written consent of COUNTY in
each instance.
32. ENTIRE AGREEMENT: This Agreement, including all attachments,
exhibits, and any other documents specifically incorporated into this
Agreement, shall constitute the entire agreement between COUNTY and
CONTRACTOR relating to the subject matter of this Agreement. As used
herein, Agreement refers to and includes any documents incorporated
herein by reference and any exhibits or attachments. This Agreement
supersedes and merges all previous understandings, and all other
agreements, written or oral, between the parties and sets forth the entire
understanding of the parties regarding the subject matter thereof. This
Agreement may not be modified except by a written document signed by
both parties.
33. HEADINGS: Herein are for convenience of reference only and shall in no way
.affect interpretation of this Agreement.
34. MODIFICATION OF AGREEMENT: This Agreement may be supplemented,
amended or modified only by the mutual agreement of the parties. No
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supplement, amendment or modification of this Agreement shall be binding
unless it is in writing and signed by authorized representatives of both parties.
35. ASSURANCE OF PERFORMANCE: If at any time the COUNTY has good
objective cause to believe CONTRACTOR may not be adequately performing its
obligations under this Agreement or that CONTRACTOR may fail to complete the
Services as required by this Agreement, COUNTY may request from
CONTRACTOR prompt written assurances of performance and a written plan
acceptable to COUNTY, to correct the observed deficiencies in CONTRACTOR's
performance. CONTRACTOR shall provide such written assurances and written
plan within thirty (30) calendar days of its receipt of COUNTY's request and shall
thereafter diligently commence and fully perform such written plan.
CONTRACTOR acknowledges and agrees that any failure to provide such
written assurances and written plan within the required time is a material breach
under this Agreement.
36. SUBCONTRACTING/ASSIGNMENT: CONTRACTOR shall not subcontract,.
assign or delegate any portion of this Agreement or any duties or obligations
hereunder without the COUNTY's prior written approval.
a. Neither party shall, on the basis of this Agreement, contract on behalf of or
in the name of the other party. Any agreement that violates this Section
shall confer no rights on any party and shall be null and void.
b. CONTRACTOR shall use the subcontractors identified in Exhibit A and
shall not substitute subcontractors without COUNTY's prior written
approval.
C. CONTRACTOR shall remain fully responsible for compliance by its
subcontractors with all the terms of this Agreement, regardless of the
terms of any agreement between CONTRACTOR and its subcontractors.
37. SURVIVAL: The obligations of this Agreement, which by their nature would
continue beyond the termination on expiration of the Agreement, including
without limitation, the obligations regarding Indemnification (Paragraph 2),
Ownership of Documents (Paragraph 9), and Conflict of Interest (Paragraph 16),
shall survive termination or expiration for two (2) years.
38. SEVERABILITY: If a court of competent jurisdiction holds any provision of this
Agreement to be illegal, unenforceable, or invalid in whole or in part for any
reason, the validity and enforceability of the remaining provisions, or portions of
them, will not be affected, unless an essential purpose of this Agreement would be
defeated by the loss of the illegal, unenforceable, or invalid provision.
39. PATENT AND COPYRIGHT INDEMNITY: CONTRACTOR represents that it
knows of no allegations, claims, or threatened claims that the materials, services,
hardware or software ("CONTRACTOR Products") provided to COUNTY under
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this Agreement infringe any patent, copyright or other proprietary right,
CONTRACTOR shall defend, indemnify and hold harmless COUNTY of, from
and against all losses, claims, damages, liabilities, costs expenses and amounts
(collectively, "Losses") arising out of or in connection with an assertion that any
CONTRACTOR Products or the use thereof, infringe any patent, copyright or
other proprietary right of any third party.
a. COUNTY will: (1) notify CONTRACTOR promptly of such claim, suit or
assertion; (2) permit CONTRACTOR to defend, compromise, or settle the
claim; and, (3) provide, on a reasonable basis, information to enable
CONTRACTOR to do so. CONTRACTOR shall not agree without
COUNTY's prior written consent, to any settlement, which would require
COUNTY to pay money or perform some affirmative act in order to
continue using the CONTRACTOR Products.
b. If CONTRACTOR is obligated to defend COUNTY pursuant to this Section
38 and fails to do so after reasonable notice from COUNTY, COUNTY
may defend itself and/or settle such proceeding, and CONTRACTOR shall
pay to COUNTY any and all losses, damages and expenses (including
attorney's fees and costs) incurred in relationship with COUNTY's defense
and/or settlement of such proceeding.
C. In the case of any such claim of infringement, CONTRACTOR shall either,
at its option, (1) procure for COUNTY the right to continue using the
CONTRACTOR Products; or (2) replace or modify the CONTRACTOR
Products so that that they become non-infringing, but equivalent in
functionality and performance.
d. Notwithstanding this Section 38, COUNTY retains the right and ability to
defend itself, at its own expense, against any claims that CONTRACTOR
Products infringe any patent, copyright, or other intellectual property right.
40. OTHER AGENCIES:
Other tax supported agencies within the State of California who have not
contracted for their own requirements may desire to participate in this agreement.
The CONTRACTOR is requested to service these agencies and will be given the
opportunity to accept or reject the additional requirements. If the CONTRACTOR
elects to supply other agencies, orders will be placed directly by the agency and
payments made directly by the agency.
[END' OF GENERAL TERMS AND CONDITIONS]
14
EXHIBIT A
DEFINITION OF SERVICES
CONTRACTOR shall provide the following services:
City of Ukiah will conduct a Greenhouse Gas (GHG) Emissions Inventory,
complete a Climate Action Plan, and complete its Downtown Zoning Code by
completing the following activities:
1. Complete GHG Emissions Inventory
2. Incorporate GHG Emissions Inventory into Climate Action Plan (CAP) initial
d raft
3. Hold community workshop to solicit input on draft CAP
4. Complete revised draft of CAP based on input from community workshops
5. Hold City Council workshop to adopt completed CAP
6. Complete Downtown Zoning Code
7. Submit progress reports and invoices for payment on a quarterly basis.
8. Comply with the terms of the Grantee Certificate of Compliance, incorporated
here as Exhibit E.
9. Comply with the terms of the Grant Agreement with the Strategic Growth
Council, incorporated here as Appendix B.
End of Exhibit A
15
EXHIBIT B
PAYMENT TERMS
COUNTY will pay CONTRACTOR as per the following instructions:
GHG Emission Inventory:
senior and associate level personnel at a prox $150 per hour for 233 hours
$35,000
Climate Action Plan:
senior and associate level personnel at approx $150 per hour for 433 hours
$65,000
TOTAL
$100,000
Payments under this agreement shall not exceed $100,000 for the term of this
agreement
[END OF PAYMENT TERMS]
16
EXHIBIT C
INSURANCE REQUIREMENTS
Insurance coverage in a minimum amount set forth herein shall not be construed
to relieve CONTRACTOR for liability in excess of such coverage, nor shall it
preclude. COUNTY from taking such other action as is available to it under any
other provisions of this Agreement or otherwise in law.
CONTRACTOR agrees to indemnify and hold harmless COUNTY, its elected or
appointed officials, employees or volunteers against any claims, actions, or
demands against them, or any of them, and against any damages, liabilities or
expenses, including costs of defense and attorney's fees, for personal injury or
death, or for the loss or damage to the property, or any or all of them, to the
extent arising out of the performance of this Agreement by CONTRACTOR.
CONTRACTOR affirms that s/he is aware of the provisions of Section 3700 of
the California Labor Code which requires every employer to be insured against
liability for the Workers' Compensation or to undertake self insurance in
accordance with the provisions of the Code and CONTRACTOR further assures
that s/he will comply with such provisions before commencing the performance of
work under this Agreement. CONTRACTOR shall furnish to COUNTY
certificate(s) of insurance evidencing Worker's Compensation Insurance
coverage to cover its employees, and CONTRACTOR shall require all
subcontractors similarly to provide Workers' Compensation Insurance as
required by the Labor Code of the State of California for all of CONTRACTOR'S
and subcontractors' employees.
CONTRACTOR shall furnish to COUNTY certificate(s) of insurance evidencing
malpractice insurance coverage for CONTRACTOR and his employee(s) in an
amount, which is no less than $1,000,000 in a form acceptable to the COUNTY.
CONTRACTOR shall furnish to COUNTY certificates of insurance with
Automobile Liability/General Liability Endorsements evidencing at a minimum the
following:
a. Combined single limit bodily injury liability and property damage liability -
$1,000,000 each occurrence.
b. Vehicle / Bodily Injury combined single limit vehicle bodily injury and
property damage liability - $500,000 each occurrence.
17
EXHIBIT D
CONTRACTOR ASSURANCE OF COMPLIANCE WITH
THE MENDOCINO COUNTY
HEALTH & HUMAN SERVICES AGENCY
NONDISCRIMINATION IN STATE
AND FEDERALLY ASSISTED PROGRAMS
NAME OF CONTRACTOR: City of Ukiah
HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964 as
amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act
of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular section 272.6;
Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as
amended; California Government Code section 11135-11139.5, as amended; California
Government Code section 12940 (c), (h) (1), (i), and Q); California Government Code section
4450; Title 22, California Code of Regulations section 98000 - 98413; Title 24 of the California
Code of Regulations, Section 3105A(e); the Dymally-Alatorre Bilingual Services Act (California
Government Code Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic
Adoption Act of 1996; and other applicable federal and state laws, as well as their implementing
regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part
15, and 28 CFR Part 42], by ensuring that employment practices and the administration of
public assistance and social services programs are nondiscriminatory, to the effect that no
person shall because of ethnic group identification, age, sex, sexual orientation, color, disability,
medical condition, national origin, race, ancestry, marital status, religion, religious creed or
political belief be excluded from participation in or be denied the benefits of, or be otherwise
subject to discrimination under any program or activity receiving federal or state financial
assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures
necessary to effectuate this agreement.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
federal and state assistance; and THE CONTRACTOR HEREBY GIVES ASSURANCE THAT
administrative methods/procedures which have the effect of subjecting individuals to
discrimination or defeating the objectives of the California Department of Social Services
(CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.
BY ACCEPTING THIS ASSURANCE, CONTRACTOR agrees to compile data, maintain records
and submit reports as required, to permit effective enforcement of the aforementioned laws,
rules and regulations and permit authorized CDSS and/or federal government personnel, during
normal working hours, to review such records, books and accounts as needed to ascertain
compliance. If there are any violations of this assurance, CDSS shall have the right to invoke
fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code
section 10605, or Government Code section 11135-11139.5, or any other laws, or the issue
may be referred to the appropriate federal agency for further compliance action and
enforcement of this assurance.
THIS ASSURANCE is binding on CONTRACTOR directly or through contract, license, or other
provider services, as long as it receives federal or state assistance.
Date
300 Seminary Ave., Ukiah, CA 95482
Address of CONTRACTOR
CONTRACTOR Signature
18
Exhibit E
GRANTEE CERTIFICATION OF COMPLIANCE
By signing this Agreement, Grantee certifies that it is in compliance with all of the
following requirements, to the extent that each is applicable:
1. Americans with Disabilities Act: Grantee assures the State that it complies with the
Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the
basis of disability, as well as all applicable regulations and guidelines issued pursuant to
the ADA. (42 U.S.C. 12101 et seq.)
2. Nondiscrimination Clause: During the performance of this Agreement, the Grantee
and its subcontractor(s) shall not 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 (cancer), sexual orientation, marital status, and denial of family care
leave. Grantee and its subcontractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free from discrimination and
harassment. Grantee and its subcontractors shall comply with the provisions of the
California Fair Employment and Housing Act (Government Code, Section 12900 et
seq.), and the regulations promulgated thereunder (California Administrative Code, 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
herein by reference and made a part hereof as if set forth in full.
Grantee and its subcontractor(s) 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 grant.
3. Recycling Certification: The Department has a procurement policy that sets
purchase goals for, and favors the purchase of, products containing recycled content,
both post-consumer and secondary waste. When using grant funds to purchase paper
products, fine printing and writing paper, plastic, glass, oil, compost and co-compost,
solvents and paint, tire-derived products, and retread tires, the Grantee shall make a
reasonable effort to purchase products containing recycled content. Grantee shall report
any and all such purchases in status and final reports required pursuant to this
Agreement.
4. Drug-Free Workplace Requirements: 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.
19
Exhibit E - page 2
GRANTEE CERTIFICATION OF COMPLIANCE
(b) Establish a Drug-Free Awareness Program to inform employees about:
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 Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and
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 payments under
the Agreement or termination of the Agreement or both and Grantee may be ineligible
for award of any future State agreements if the Department determines that the Grantee
has made a false certification, or violated the certification by failing to carry out the
requirements as noted above.
5. Labor Code/Workers Compensation: Grantee needs to be aware of the provisions,
which require every employer to be insured against liability for Worker's Compensation
or to undertake self-insurance in accordance with the provisions, and Grantee agrees to
comply with such provisions before commencing performance pursuant to this
Agreement. (Labor Code Section. 3700)
6. Child Support Compliance Act: For any Agreement in excess of $100,000, the
Grantee acknowledges accordance with the following:
(a) The Grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
(b) The Grantee, to the best of its knowledge, is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
7. Air or Water Pollution Violation: Under State laws, the Grantee shall not be: (1) in
violation of any order or resolution not subject to review promulgated by the State Air
20
Exhibit E - page 3
GRANTEE CERTIFICATION OF COMPLIANCE
Resources Board or an air pollution control district; (2) subject to a cease and desist
order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
8. Compliance with Other Laws, Including CEQA: The Grantee shall comply fully
with all applicable federal, state and local laws, ordinances, regulations and permits and
shall secure any new permits required by authorities having jurisdiction over the
project(s), and maintain all presently required permits. The Grantee shall ensure that
any applicable requirements of the California Environmental Quality Act are met in
carrying out the terms of the grant.
9. Use of State Funds to Assist, Promote or Deter Union Organizing: Grantee shall
not use state funds, including grant funds, to assist, promote or deter union organizing.
Government Code Section 16645.1(d) provides that Grantee shall be liable to the State
for the amount of any funds expended in violation of this prohibition, plus a civil penalty
equal to twice the amount of those funds. If Grantee makes expenditures to assist,
promote or deter union organizing, Grantee shall maintain records sufficient to show
that state funds have not been used for those expenditures. The Grantee shall provide
those records to the Attorney General upon request.
21
Appendix A
CERTIFICATION REGARDING
DEBARMENT, SUSPENSION, and OTHER RESPONSIBILITY MATTERS
LOWER TIER COVERED TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants'
responsibilities. The regulations were published as Part VII of the May 26, 1988
Federal Register (pages 19160-19211).
(1) The primary principal certifies to the best of its knowledge and belief, that it and
its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any
Federal department or agency:
(b) Have not within a three-year period preceding this proposal been
convicted of or had a civil judgment tendered against them for commission
of fraud or a criminal offence in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery,
falsifications or destruction of records, making false statements, or
receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (1) (b) of this certification, and
(d) Have not, within a three-year period preceding this application/proposal,
had one or more public transactions (Federal, State, or local) terminated
for cause or default.
(2) Where the primary principal is unable to certify to any of the statements in this
certification, such principal shall attach an explanation.
Jane Chambers
(Type Name)
City Manager
City of Ukiah
(Organization Name)
300 Seminary Ave.
Ukiah, CA 95482
(Title)
i ' (Signature)
(Organization Address)
(Date)
22
Appendix B
California Department of Conservation - Division of Land Resource Protection
Strategic Growth Councii - 2011 Sustainabie Communities Pianning Grants
Mendocino County Health and Human Services Agency
Grant Number: 3010-517
Fiscal Year Allocation: 2010-2011
GRANT AGREEMENT
This grant agreement (Grant Agreement) is entered into by and between the California
Department of Conservation, Division of Land Resource Protection, (DEPARTMENT),
the administrative agent for the Strategic Growth Council (COUNCIL), and the
Mendocino County Health and Human Services Agency (GRANTEE) and its
subcontractors (collectively PARTIES).
RECITALS
WHEREAS, Public Resources Code sections 75127, 75128, 75129 authorize the
DEPARTMENT to develop and the COUNCIL to approve a program and associated
guidelines for funding the creation of sustainable community plans, which encompasses
planning programs and projects described in the Sustainable Communities Planning
Grant Program Guidelines.
WHEREAS, The Sustainable Communities Planning Grant Program subsequently
approved by the Council and developed by the Department is funded by Proposition 84,
the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006. Proposition 84 added Division 43 to the Public Resources
Code, Chapter 9, Sustainable Communities and Climate Change Reduction, Public
Resources code section 75065(a), which authorizes the Legislature to appropriate $90
million for planning grants and planning incentives that reduce energy consumption,
conserve water, improve air and water quality, and provide other community benefits.
WHEREAS, the DEPARTMENT has received and reviewed GRANTEE'S application,
which included a detailed budget, specifications, and work plan in conformance with
existing Sustainable Community Planning Grant Guidelines dated April 22, 2010, and
approved by the COUNCIL for purposes of implementing a funding program by the
Department on March 17th, 2010.
WHEREAS, the COUNCIL has reviewed all relevant documents, including those
required documents necessary to comply with all existing laws and regulations and has
approved the funding subject to this Grant Agreement.
WHEREAS, the DEPARTMENT and the GRANTEE now desire to enter into this
Agreement for $461,340 to be expended on the creation of the sustainable community
plan described in this Grant Agreement and the exhibits which are incorporated in and
attached to it.
23
Appendix B - Page 2
NOW THEREFORE, the Parties agree as follows:
DEFINITIONS
1. The term "Act" means Proposition 84, the California Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006.
2. The term "Application" means the individual application form, its required attachments
for grants pursuant to the enabling legislation and/or program and any applicable
materials supplied by applicant to the Department prior to award.
3. The term "Application Guidelines" means the Sustainable Planning Grant Program
Guidelines Developed by the DEPARTMENT and approved by the COUNCIL on April
22, 2010.
4. The term "Grant" or "Grant Funds" means the money provided by the COUNCIL to
the Grantee in this Grant Agreement.
5. The term "Project" means the sustainable community plan to be developed by
GRANTEE and described in the Application and exhibits incorporated in and attached to
this Grant Agreement.
6. The term "Project Budget" means the State approved cost estimate included as
Appendix D to this Agreement.
7. The term "Project Scope" means the description or activity of work to be
accomplished by the GRANTEE as further described in Appendix C.
8. The term "Public Agency" means any State of California department or agency, a
county, city, public district or public agency formed under California law.
PROJECT EXECUTION AND SCOPE
1. Subject to the availability of funds in the Act, the DEPARTMENT hereby grants to the
GRANTEE a sum of money (Grant Funds) not to exceed $461,340 ($100,000 for City of
Ukiah) in consideration of and on condition that the sum be expended in carrying out the
purposes as set forth in the description of Project in this Grant Agreement and its
attachments and under the terms and conditions set forth in this Grant Agreement.
2. GRANTEE shall furnish any and all additional funds that may be necessary to
complete the Project.
3. GRANTEE shall complete the Project in accordance with the Grant End Date, unless
an extension has been formally granted by the DEPARTMENT and under the terms and
conditions of this Grant Agreement. Extensions may be requested in advance and will
24
Appendix B - Page 3
be considered by DEPARTMENT, at its sole discretion, in the event of circumstances
beyond the control of the GRANTEE, but in no event beyond June 30, 2014.
4. GRANTEE shall at all times ensure that Project complies with all state and local laws,
including, and to the extent applicable, the California Environmental Quality Act.
5. GRANTEE shall provide incremental status reports and component deliverables in
accordance with the approved Project Scope as provided in Appendix C.
6. The terms and conditions of this Grant Agreement, its attachments and appendixes
constitute and contain the entire Grant Agreement and understanding between the
PARTIES, and may not be contradicted by evidence of any prior or contemporaneous
oral agreement.
MODIFICATIONS AND AMENDMENTS
1. No amendment or variation of the terms of this Grant Agreement shall be valid unless
made in writing, agreed to and signed by both PARTIES.
2. Any request by the GRANTEE for amendments must be in writing stating the
amendment request and reason for the request. The GRANTEE shall make requests in
a timely manner and in no event less than sixty (60) days before the effective date of
the proposed amendment.
3. Changes to budget line item revisions of less than $1,000, minor task modifications,
and staff adjustments do not require amendment of the Agreement. However, the
GRANTEE shall obtain prior written approval from the Grant Manager before making
such changes. All change requests shall be made in writing and include a description of
the proposed change and the reasons for the change.
4. GRANTEE agrees to submit in writing to the DEPARTMENT for prior approval any
deviation from the original Project Scope per Appendix C. Changes in Project Scope
must continue to meet the need cited in the original Application or they will not be
approved. Any modification or alteration in the Project as set forth in the Application on
file with the DEPARTMENT must be submitted to the DEPARTMENT for approval. At
the discretion of the Department any modification or alteration in the Project must also
comply with all current laws and regulations.
PROJECT COSTS AND ADMINISTRATION
1. Except as otherwise provided, the GRANTEE shall expend Grant Funds in the
manner described in the Exhibit A as approved by the DEPARTMENT. The total dollars
of a category in the Project Budget may be increased by up to ten percent (10%)
through a reallocation of funds from another category, without approval by the
DEPARTMENT. However, the GRANTEE shall notify the DEPARTMENT in writing
when any such reallocation is made, and shall identify both the item(s) being increased
and those being decreased. Any cumulative increase or decrease of more than ten
25
Appendix B - Page 4
percent (10%) from the original budget in the amount of a category must be approved in
writing by the DEPARTMENT. In any event, the total amount of the Grant Funds may
not be increased, nor may any adjustments exceed the limits for preliminary costs as
described in the Application Guidelines.
2. Only direct costs are reimbursable under this contract. Indirect costs, including
salaries and benefits of employees not directly assigned to the Project, and
organizational functions, such as personnel, business services, information technology,
salaries of supervisors or managers (not directly assigned to the Project), and
overhead, such as rent, and utilities, shall not be reimbursable.
3. All costs charged against the grant shall be net of all applicable credits. The term
"applicable credits" refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. GRANTEE shall, where possible,
deduct the amount of the credit from the amount billed as reimbursement for the cost, or
shall deduct the amount of the credit from the total billed under a future invoice.
4. GRANTEE shall make work product acquired or developed pursuant to this Grant
Agreement available for inspection upon request by the DEPARTMENT.
5. GRANTEE shall use any income earned by the GRANTEE from use of the Project to
further Project purposes, or, if approved by the DEPARTMENT, for related purposes
within the jurisdiction.
6. GRANTEE must report to the DEPARTMENT all sources of other funds for the
Project.
FINANCIAL RECORDS
1. GRANTEE shall maintain satisfactory financial accounts, documents and records for
the Project and to make them available to the DEPARTMENT for auditing at reasonable
times. GRANTEE shall also retain such financial accounts, documents and records for
three (3) years after final payment and one (1) year following an audit.
2. GRANTEE agrees that during regular office hours, the DEPARTMENT and its duly
authorized representatives shall have the right to inspect and make copies of any
books, records or reports of the other party pertaining to this Grant Agreement or
matters related thereto. GRANTEE shall maintain and make available for inspection by
the DEPARTMENT accurate records of all of its costs, disbursements and receipts with
respect to its activities under this Grant Agreement.
3. GRANTEE shall use applicable Generally Accepted Accounting Principles, unless
otherwise agreed to by the State.
26
Appendix B - Page 5
4. GRANTEE shall maintain adequate supporting documentation in such detail so as to
provide an audit trail of receipts, expenditures and disbursements. GRANTEE'S records
will permit tracing transactions from support documentation to the accounting records to
financial reports and billings. Such documentation shall include, but shall not
necessarily be limited to, subsidiary ledgers, payroll records, vendor invoices, canceled
checks, bank or other financial account records, consultant contracts and billings,
volunteer rosters and work logs, and lease or rental agreements. Such documentation
shall be readily available for inspection, review and/or audit by the Grant Manager or
other representatives of the State.
5. Subcontractor(s) employed by the GRANTEE and paid with moneys under the terms
of this Grant Agreement, shall be responsible for maintaining accounting records as
specified above.
PROJECT RECORDS
1. GRANTEE shall establish an official file for the Project. The file shall contain
documentation of all actions taken regarding this grant.
2. GRANTEE shall establish separate ledger accounts for receipt and expenditure of
grant funds and maintain expenditure detail in accordance with the approved budget
detail and the Financial Records section of this Grant Agreement.
DOCUMENTATION OF TIME SPENT
1. GRANTEE shall maintain reports or other detailed records (e.g., activity logs or
timesheets) documenting time spent by each employee, agent, or contractor whose
work in support of this Grant Agreement is billed under the Agreement. Records used to
meet this requirement shall identify the individual performing the work, the date on
which the work was performed, the specific grant-related activities or tasks and
deliverables to which the individual's time was devoted, and the amount of time spent.
Such records shall reflect actual time spent, rather than that which was planned or
budgeted.
2. Submitted time sheets must contain the signature of both the GRANTEE grants
administrator and the person who manages the grants administrator (supervisor or
appropriate contract official).
COPIES OF DATA, PLANS AND SPECIFICATIONS
1. The GRANTEE shall, at the request of the DEPARTMENT or as specifically directed
in the Grant Summary at Appendix C, provide the DEPARTMENT with copies of any
data, design plans, specifications, maps, photographs, negatives, audio and video
productions, films, recordings, reports, findings, recommendations and memoranda of
every description or any part thereof, prepared or used in the preparation of the Project
funded by this Grant Agreement.
27
Appendix B - Page 6
2. All departments within the State of California shall have the right to copy and
distribute said copies in any manner when and where it may determine without any
claim on the part of the Grantee, its vendors or subcontractors to any additional
compensation.
COMPETITIVE BID REQUIREMENTS
1. GRANTEE shall maintain documentation of its normal procurement policy and
competitive bid process used. This competitive bid requirement may be waived upon
GRANTEE certification and grantor approval that due to the unique nature of the goods
or services a sole source purchase is justified. Failure to comply with competitive bid
requirements may result in the DEPARTMENT disallowing reimbursement of some
portion or all of the related costs and/or other remedies for breach of contract.
INVOICING
1. Invoices shall be submitted on a quarterly basis, unless an alternate schedule is
agreed upon by both parties. An invoice form will be provided to the GRANTEE, which
must be used to submit any and all invoices.
2. All invoices must be submitted in triplicate, with an original and two additional copies,
listing the grant and invoice numbers. The copies may be double-sided. The original
invoice must have an original authorized signature.
3. In accordance with the Grant Guidelines, fifteen percent (15%) of the amounts
submitted for reimbursement will be withheld and issued as a final payment upon
agreement completion, at the sole discretion of the state. All expenditures must be
itemized on the invoice form. This should include reimbursable costs and any in-kind or
cash expenditures.
4. For each expenditure of $500 or more, copies of supporting documentation (time
sheets, payroll stubs, bids, receipts, canceled checks, sole source justification, etc.)
must be submitted with the invoice. Original supporting documents are not required and
should be retained by the GRANTEE for record keeping and audit purposes.
5. Invoices are to be sequentially numbered starting from one and must tie to budget
line items in the approved Budget at Appendix D. Invoices must be signed by the
person who signed the Agreement or his/her authorized designee. Designees must be
authorized in writing and filed with the DEPARTMENT.
6. Individuals funded by this grant cannot sign invoices. If there is a question as to the
authority of the signer, which cannot be resolved to the satisfaction of the
DEPARTMENT, the invoice will not be paid.
7. Each invoice is subject to approval by the Grant Manager and DEPARTMENT
Management, and possible audit by the Accounting Office and the State Controller
28
Appendix B - Page 7
before payment may be disbursed. If an invoice is questioned by the DEPARTMENT,
the Grant Manager shall contact the GRANTEE within thirty (30) working days of receipt
of the invoice. Undisputed invoices take approximately six (6) weeks for payment.
PAYMENT
1. Except as otherwise provided herein, payments shall be made to GRANTEE no more
than once every sixty (60) calendar days in arrears for actual costs authorized in the
Budget at Appendix D of this Grant Agreement and incurred during the grant term.
Payment will be made upon evidence of satisfactory progress, as determined by the
Grant Manager. Such evidence shall consist of written progress reports, phased and
incremental work-product production, and other documentation evidencing
performance, as provided for in this Grant Agreement.
2. Final payment will be made only after completion, to the DEPARTMENT'S
satisfaction, of objectives, work and activities identified in Appendix C, including timely
receipt of all required reports including the Final Report, and in accordance with the
Invoicing and Discharge provisions of this Grant Agreement. The Department will not
reimburse costs incurred after the Grant End Date.
3. Only those items identified in the Budget are eligible for reimbursement. Any changes
to the Budget must be approved by the Grant Manager before an expenditure for that
item is made. Under no circumstances shall the Grantee seek reimbursement pursuant
to this Agreement for a cost that has been or will be paid through another funding
source.
TRAVEL
1. Reimbursement of travel is not permitted unless expressly provided in the approved
Budget at Appendix D. Travel by private or GRANTEE-owned automobile, necessary for
the performance of this Grant Agreement, shall be reimbursed at no more than .51
cents per mile. GRANTEE shall maintain detailed travel records showing the date and
purpose of grant-related travel, destination and, in the case of travel by automobile,
vehicle license number and number of miles driven.
DISCHARGE OF GRANT OBLIGATIONS
1. The GRANTEE'S obligations under this Agreement shall be deemed discharged only
upon acceptance of the Final Report by the DEPARTMENT. The final report will attach
and incorporate all work-product generated by the Grant Funds including the Final
Sustainable Community Plan produced by the GRANTEE. The GRANTEE'S Board of
Directors or Board of Supervisors shall adopt and certify as accurate the Final Plan
Report prior to its submission to the DEPARTMENT.
2. GRANTEE shall submit all documentation for Project completion and final
reimbursement within ninety (90) days of Project completion, but in no event any later
than September 30, 2014.
29
Appendix B - Page 8
3. Final payment is contingent upon DEPARTMENT'S verification that the Project is
consistent with Project Scope as described in Appendix C, together with any
DEPARTMENT approved amendments.
TERMINATION
1. If the DEPARTMENT or the COUNCIL terminates the Grant Agreement without
cause prior to the end of the Project Performance Period, the GRANTEE shall take all
reasonable measures to prevent further costs to the DEPARTMENT under this Grant
Agreement. The DEPARTMENT shall be responsible for any reasonable and non-
cancelable obligations incurred by the GRANTEE in the performance of this Agreement
prior to the date of the notice to terminate, but only up to the undisbursed balance of
funding authorized in this Agreement.
2. If the GRANTEE fails to complete the Project in accordance with this Grant
Agreement, or fails to fulfill any other obligations of this Agreement prior to the
termination date, the GRANTEE shall be liable for immediate repayment to the
DEPARTMENT of all amounts disbursed by the DEPARTMENT under this Grant
Agreement, plus accrued interest and any further costs related to the Project. The
DEPARTMENT may, at its sole discretion, consider extenuating circumstances and not
require repayment for work partially completed. This paragraph shall not be deemed to
limit any other remedies available to the State for breach of this Agreement.
3. Failure by the GRANTEE to comply with the terms of this Agreement or any other
related obligation may be cause for suspension of all obligations of the DEPARTMENT
hereunder.
4. Failure of the GRANTEE to comply with the terms of this Grant Agreement shall not
be cause for suspending all obligations of the DEPARTMENT if, in the judgment of the
DEPARTMENT, such failure was due to no fault of the GRANTEE. At the discretion of
the DEPARTMENT, any amount required to settle at minimum cost any irrevocable
obligations properly incurred shall be eligible for reimbursement under this Grant
Agreement.
5. Either PARTY shall have the right to terminate this Grant Agreement at any time
upon thirty (30) days written notice to the other. In the case of such "early" or
"discretionary" termination by GRANTEE, defined as termination occurring before full
performance of all objectives and activities described in the Grant Summary and
authorized for funding herein, the DEPARTMENT will be entitled to seek full
reimbursement for all costs and payments made on the Grant Agreement.
6. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Grant Agreement does not appropriate sufficient funds for the
DEPARTMENT'S Program, as determined at the discretion of the DEPARTMENT, this
Grant Agreement shall be terminated. In this event, the DEPARTMENT shall have no
liability to pay any funds whatsoever to GRANTEE or to furnish any other consideration
30
Appendix B - Page 9
under this Agreement to GRANTEE beyond the date of written notice of termination
under this provision to the GRANTEE.
7. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of
funding this grant program, the DEPARTMENT shall have the option to either: cancel
this Grant Agreement with no liability occurring to the STRATEGIC GROWTH
COUNCIL or the DEPARTMENT, or offer an Agreement Amendment to GRANTEE to
reflect a reduced amount.
8. Further, if the STRATEGIC GROWTH COUNCIL or the DEPARTMENT is unable to
secure adequate funds through municipal bond sales or not able to secure the
authorization to utilize such funds by the appropriate agencies, this GRANT
AGREEMENT shall be terminated.
STOP WORK
1. Immediately upon receiving a written notice from the STRATEGIC GROWTH
COUNCIL or the DEPARTMENT to stop work, the GRANTEE shall cease all work
under this Grant Agreement.
PERFORMANCE OF SUBCONTRACTORS:
1. The GRANTEE shall be entitled to make use of its own staff and such
subcontractor(s) as are mutually acceptable to the GRANTEE and the DEPARTMENT.
All subcontractor(s) specifically identified in the Grant Summary, and any subsequent
grant documents, are considered to be acceptable to the DEPARTMENT. Any change
in subcontractor(s) or change as to how the GRANTEE intends to use the services of a
subcontractor shall require a formal amendment of this Grant Agreement. All approved
subcontractors shall be managed by GRANTEE subject to the terms and conditions of
this Agreement. Neither the DEPARTMENT nor the State is liable or in any way
responsible for, nor will it indemnify, subcontractors.
2. Nothing contained in this Grant Agreement shall create any contractual relation
between the DEPARTMENT and any subcontractors and no subcontract shall relieve
GRANTEE of its responsibilities and obligations under the terms of this Grant
Agreement. GRANTEE agrees to be fully responsible to the DEPARTMENT for the acts
and omissions of its staff, subcontractors and of persons either directly or indirectly
employed by them. GRANTEE'S obligation to pay its subcontractors is an independent
obligation from the DEPARTMENT'S obligation to make payments to GRANTEE.
3. GRANTEE shall manage and hereby accepts responsibility for the performance of all
subcontracts arising out of or in connection with this Agreement. GRANTEE shall
monitor subcontractor's performance of the terms and conditions set forth herein by
providing sufficient staffing resources for the length of the project. Subcontractor
communications with the Department shall be coordinated through the grantee's
principal staff. GRANTEE and its subcontractors shall conduct all work consistent with
31
Appendix B - Page 10
professional standards for the industry and type of work being performed under the
Agreement. The Grant Manager, without waiver of other rights or remedies, may require
GRANTEE to re-perform any of said services not performed in accordance with these
standards. Costs and expenses for defective services, for failure to meet the terms and
conditions of the Agreement or for any redundancy that occurs due to inadequate
subcontractor services shall be borne by GRANTEE.
DISPUTE RESOLUTION
In the event of a dispute, the GRANTEE shall provide written notice of the particulars of
such dispute to: Assistant Director, Division of Land Resource Protection, Department
of Conservation, 801 K Street, MS 18-01, Sacramento, CA 95814. Such written notice
must contain the grant number. Within fifteen (15) days of receipt of such notice, the
Assistant Director or the Assistant Director's designee shall advise the GRANTEE of his
or her findings and a recommended means of resolving the dispute.
PUBLICITY AND ACKNOWLEDGMENT
1. The Grantee agrees that it will acknowledge the STRATEGIC GROWTH COUNCIL'S
support whenever activities or projects funded, in whole or in part, by this Grant
Agreement are publicized in any news media, brochures, articles, seminars or other
type of promotional material. The GRANTEE shall also include in any publication
resulting from work performed under this grant an acknowledgment substantially as
follows:
"The work upon which this publication is based was funded in whole or in part through a
grant awarded by the Strategic Growth Council."
2. The GRANTEE shall place the following notice, preceding the text, on draft reports,
on the final report, and on any other report or publication resulting from work performed
under this Agreement:
"Disclaimer
The statements and conclusions of this report are those of the GRANTEE and/or
Subcontractor and not necessarily those of the Strategic Growth Council or of the
Department of Conservation, or its employees. The Strategic Growth Council and the
Department make no warranties, express or implied, and assume no liability for the
information contained in the succeeding text."
3. Before any materials or other publications funded in whole or in part pursuant to this
Grant Agreement are published, GRANTEE shall provide the DEPARTMENT with an
opportunity to review any and all references to the STRATEGIC GROWTH COUNCIL or
the DEPARTMENT or the programs and laws that it administers in such materials and
publications.
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Appendix B - Page 11
CONFLICT OF INTEREST
1. GRANTEE shall act in accordance with the fiduciary duty attached to the receipt and
expenditure of grant moneys intended to benefit the public. Consistent with that
fiduciary duty and the public trust from which it flows, GRANTEE shall ensure the proper
expenditure of all grant moneys for which reimbursement is sought pursuant to this
Grant Agreement.
2. All expenditures for which reimbursement pursuant to this Grant Agreement is sought
shall be the result of arm's length transactions and not the result of, or motivated by,
self-dealing on the part of the GRANTEE or any employee or agent of the GRANTEE.
For purposes of this provision, "arm's length transactions" are those in which both
parties are on equal footing and fair market forces are at play, such as when multiple
vendors are invited to compete for an entity's business and the entity chooses the
lowest of the resulting bids. "Self-dealing" is involved where an individual or entity is
obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to
act in a manner that will benefit the individual or entity, directly or indirectly, to the
detriment of, and in conflict with, the public purpose for which all grant moneys are to be
expended. Nothing in this agreement absolves the grantee from complying with
California Govt. Code section 1090 or any other law.
INDEMNITY AND HOLD HARMLESS
1. GRANTEE waives all claims and recourses against the DEPARTMENT, including the
right to contribution for loss or damage to persons or property arising from, growing out
of or in any way connected with or incident to this Agreement, except claims arising
from the gross negligence of DEPARTMENT, its officers, agents and employees.
2. GRANTEE shall indemnify, hold harmless and defend DEPARTMENT, its officers,
agents and employees in perpetuity against any and all claims, demands, damages,
costs, expenses or liability costs arising out of the Project, demands or causes of action
arise under Government Code or otherwise, including but not limited to items to which
the Grantee has certified or approved, except for liability arising out of the gross
negligence of State, its officers, agents or employees. Grantee acknowledges that it is
solely responsible for compliance with items to which it has certified.
3. GRANTEE and DEPARTMENT agree that in the event of judgment entered against
the DEPARTMENT and GRANTEE because of the gross negligence of the
DEPARTMENT and GRANTEE, their officers, agents or employees, an apportionment
of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
NONDISCRIMINATION
1. The GRANTEE shall not discriminate against any person on the basis of sex, race,
color, ancestry, religious creed, national origin, physical disability (including HIV and
33
Appendix B - Page 12
AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and
denial of family care leave in the use of any property or facility acquired or developed
pursuant to this Agreement.
2. The GRANTEE shall not discriminate against any person on the basis of residence
except to the extent that reasonable differences in admission or other fees may be
maintained on the basis of residence and pursuant to law.
3. The completed Project shall be considered a public record.
INCORPORATION
1. The Grant Guidelines and the Application and any subsequent changes or additions
to the Application approved in writing by the DEPARTMENT are hereby incorporated by
reference into this Grant Agreement as though set forth in full in this Grant Agreement.
2. Appendixes C and D are attached to this Grant Agreement and incorporated by
reference into it as though set forth in full.
SEVERABILITY
1. If any provision of this Agreement or the application thereof is held invalid, that
invalidity shall not affect other provisions or applications of this Agreement which can be
given effect without the invalid provision or application, and to this end the provisions of
this Agreement are severable.
WAIVER
1. No term or provision hereof will be considered waived by either party, and no breach
excused by either party, unless such waiver or consent is in writing and signed on
behalf of the party against whom the waiver is asserted. No consent by either party to,
or waiver of, a breach by either party, whether expressed or implied, will constitute
consent to, waiver of or excuse of any other, different or subsequent breach by either
party.
ASSIGNMENT
1. The GRANTEE may assign its interest in and responsibilities under this Grant
Agreement either in whole or in part only with the written consent of the DEPARTMENT.
AUDIT REQUIREMENTS
1. Sustainable Community Planning Grant Projects are subject to audit by the
DEPARTMENT annually and for three (3) years following the final payment of Grant
Funds. The audit shall include all books, papers, accounts, documents, or other records
of the Grantee, as they relate to the Project for which the Grant Funds were granted.
34
Appendix B - Page 13
2. The GRANTEE agrees that the DEPARTMENT and its representatives, including, but
not limited to, the DEPARTMENT, the State Controller's Office and the State Auditor,
shall have an absolute right of access to, and right to review and copy, all of the
GRANTEE'S records pertaining to this Grant Agreement and to conduct reviews and/or
audits related to this grant. GRANTEE shall, for the purpose of any such review or audit,
retain and provide access to all records related to this grant including, but not
necessarily limited to, those records specified above. GRANTEE shall also provide
access to and allow interview of any employees who might reasonably have information
related to such records. Such access to employees and records shall be provided
during normal business hours throughout the grant term and for at least three years
after the final payment is disbursed pursuant to this Grant Agreement, or until
completion of any action and resolution of all issues which may arise as a result of any
audit or review of such records, whichever is later.
GOVERNING LAW/LOCUS
1. This Agreement is governed by, and shall be interpreted in accordance with the laws
of the State of California. For the purpose of any litigation related to and/or challenging
any aspect of this Grant Agreement or performance there under, the locus is
Sacramento, California.
INSURANCE COVERAGE
1. The GRANTEE shall obtain and keep in force for the term of this Agreement, and
require its subcontractors to obtain and keep in force, the following insurance policies
that cover any acts or omissions of the GRANTEE, or its employees engaged in the
provision of services or performance of activities funded pursuant to and specified in
this Agreement:
a. Worker's Compensation Insurance in accordance with the statutory
requirement of the State of California.
b. Commercial general liability insurance in the amount of $1,000,000 per
occurrence and aggregate for bodily injury and property damage.
c. Automobile liability in the amount of $1,000,000 for each accident for owned or
non-owned or hired vehicles, whichever is applicable.
2. The GRANTEE shall name the State of California, its officers, agents, employees and
servants as additional insured parties for all insurance required and is responsible for
guaranteeing that a copy of each Certificate of Insurance is submitted to the
DEPARTMENT within thirty (30) days of grant signature.
3. The certificate of insurance shall state a limit of liability of not less than $1,000,000
per occurrence for bodily injury and property damage combined.
4. The GRANTEE shall notify the DEPARTMENT prior to any insurance policy
cancellation or substantial change of policy.
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Appendix B - Page 14
GRANTEE NOT AN AGENT OF THE STATE
1. GRANTEE agrees that it, and its agents and employees shall act in an independent
capacity and are not as officers or employees or agents of the State of California, the
STRATEGIC GROWTH COUNCIL or the DEPARTMENT.
TIMELINESS
1. Time is of the essence in the performance of this Agreement. Grantee is required to
begin implementation of this Agreement as soon as possible following its execution and
shall abide by the Grant Summary, Work Plan, and Schedule of Deliverables at
Appendix C. Grantee shall not incur costs pursuant to this Agreement past the Grant
End Date.
CERTIFICATION CLAUSES
1. The Grantee hereby certifies its compliance with all applicable requirements
contained in the Grantee Certification of Compliance at Exhibit E of this Agreement.
BREACH OF CONDITIONS/REMEDY FOR DEFAULT
1. In the event of GRANTEE'S breach of any conditions or terms of this Grant
Agreement, the DEPARTMENT will give written notice to. the GRANTEE, describing the
breach. Notice shall be deemed given when deposited in the U.S. Post office, postage
prepaid, addressed to GRANTEE, or by personal delivery to GRANTEE'S place of
business. If GRANTEE does not, within thirty (30) days after the notice is given, (1) cure
the breach described in the DEPARTMENT'S notice or (2) if the breach is not curable
within thirty (30) days, commence to cure the breach, then Grantee shall be in default
under this Agreement.
2. In the event of a default under this Grant Agreement, the STRATEGIC GROWTH
COUNCIL and the DEPARTMENT shall be entitled to all remedies available at law
including, but not limited to, termination of the Grant Agreement, withholding of amounts
billed and/or recovery of funds disbursed and equipment purchased pursuant to the
Grant Agreement. GRANTEE may appeal such action by filing a dispute pursuant to the
Dispute Resolution portion of this Agreement.
ATTACHED APPENDIXES
C: Grant Summary, Work Plan and Schedule of Deliverables
D: Detailed Budget and Payment Provisions
36
Appendix C
Grant Summary, Work Plan, and Schedule of Deliverables
Greenhouse Gas Emissions Inventory
City of Ukiah Planning & Community
Development Dept.
TASK 12.
Planning & Community Development
Department Staff in conjunction with
Sub-Task A Request for Professional
consultant
Months 1 - 3
Services
Month 4
Sub-Task B Community Workshop
Month 5
Sub-Task C City Council Workshop
Months 6 - 7
Sub-Task D Complete Inventory
High Level Activities/Milestones
Responsible Parties
Schedule of Deliverables (Months from
Start. Start ear: 2011
Climate Action Plan
City of Ukiah Planning & Community
Development Dept.
TASK 13.
Planning & Community Development
Department Staff in conjunction with
Sub-Task A Incorporate GGE Inventory
consultant
Months 8 - 11
into CAP initial draft
Sub-Task B Community Workshop
Month 12
Sub-Task C Complete revised draft of
Months 13 -16
CAP based on input from community
workshops
Month 17
Sub-Task D City Council Workshop and
Adoption
37
Appendix D
Detailed Budget and Payment Provisions
Hourly
# of
(D*E)
(F+G)
DOC
In-
PERSONNEL
Title
Rate
Hours
Salary
Benefits
Total
Grant
Cash
Kind
Kim Jordan
Senior Planner
38
175.12
6,603
2,397
9,000
15,000
Charley Stump
Director of Planning
65
34.68
2,240
760
3,000
Jennifer Faso
Associate Planner
36
32.9
1,180
320
1,500
Cathy Elawadly
Admin Secretary
23
45.45
1,050
450
1,500
Total
11,073
3,927
15,000
15,000
CONSULTANTS
City staff surveyed other communities to estimate the cost of having a consultant perform these two tasks. Once a
consultant is retained we will be able to better forecast the exact cost associated with each component.
GHG Emission Inventory: senior and associate level personnel at
approx $150hr for 230 hours
35,000
Climate Action Plan: senior and associate level personnel at approx
$150hr for 430 hours
65,000
100,000
100,000
SUPPLIES
3500
3500
Supplies such as postage, printings and mailings will be used throughout the project. Our estimated cost is
based on two direct mailings and the promotion of the two community workshops. Direct mailing to 7,400
households at $0.40 each = $2,960 and $540 for community fliers at $.07 each for paper and black and white
co
ies
p
.
Meetings, workshops
3500
3500
Meeting room rental and support amenities at $1,750 for each
community workshop.
Support amenities include tables, chairs, amplified sound, white
boards and flip charts.
38
Appendix D
Page 2
OTHER
no other costs anticipated at this time
n/a
TRAVEL
We anticipate our consultant having travel time, however that
expense has been accounted for within the overall cost of the
consultant.
n/a
EQUIPMENT
no equipment use anticipated
n/a
Totals
122,000
100,000
3,500
18,500
39