HomeMy WebLinkAboutThe California Department of Fish and Wildlife; 2013-06-04; P1282107state of Califomia - Natural Resources Agency
DEPARTMENT OF FISH AND WILDLIFE
1416 9*^ Street
Sacramento, CA 95814
www.wildlife.ca.gov
EDMUND G. BROWN JR.. Governor
CHARLTON H. BONHAM, Director
GRANTOR:
GRANTEE:
NATURAL COMMUNITY CONSERVATION PLAN
LOCAL ASSISTANCE GRANT
GRANT AGREEMENT NUMBER P1 282107
state of California, acting by and through
The California Department of Fish and Wildlife (CDFW)
1416 9*^ Street, 12*^ Floor
Sacramento, OA 95814
(Grantor)
City of Carlsbad, Property and Environmental Management (Grantee)
Faraday Center
1635 Faraday Avenue
Carlsbad, OA 92008
Facsimile Number: (760) 602-8562
SECTION 1 - LEGAL BASIS OF AWARD
Pursuant to Fish and Ganfie Code 1501.5(b), Grantor is authorized to enter into
a Grant Agreement ("Agreement") and to make an award to the Grantee for the
purposes set forth herein. Grantor and Grantee ("the parties") accept the grant on
the terms and conditions of this Agreement. Accordingly, the parties hereby
agree as follows:
SECTION 2 - GRANT AWARD
Grant. In accordance with the terms and conditions of this Agreement, Grantor
shall provide Grantee with a maximum of $57,900.00 to financially support and
assist Grantee's implementation of Wildlife Movement Analysis for the City of
Carlsbad HMP Preserve.
Term. The term of this agreement is May 1, 2013, or upon CDFW approval,
whichever is later, to March 30, 2015.
SECTION 3 - USES OF GRANT
Eligible Uses of Grant. Grantee's use of the Grant moneys is limited to those
expenditures necessary to implement the Project and that are eligible under
applicable federal and State of California law. Furthermore, Grantee's
expenditure of Grant moneys must be in accordance with the Project budget and
narrative (the "Budget") set forth within this agreement. Grantee may not transfer
Grant moneys between or among Budget line items without the written approval
from the Grantor project manager.
Page 1 of 11 (Rev 03/25/2013)
AGREEMENT NUMBER P1 282107
City of Cartsbad
SECTION 4 - GRANTEE'S REPRESENTATIONS AND WARRANTIES
Grantee represents and warrants to Grantor as follows:
4.01 Existence and Power. Grantee is a city government, validly existing,
and in good standing under the laws of California. Grantee has full power
and authority to transact the business in which it is engaged and full
power, authority, and legal right to execute and deliver this Agreement and
incur and perform its obligations hereunder.
4.02 Binding Obligation: This Agreement has been duly authorized, executed
and delivered on behalf of Grantee and constitutes the legal, valid, and
binding obligation of Grantee, enforceable in accordance with its terms.
SECTION 5 - GRANTEE'S AGREEMENTS
5.01 Purpose: This Agreement is entered into by the parties for the purpose of
providing financial support to Grantee to complete the activities identified
within Section 6, Project Statennent: Objectives and Timelines.
5.02 Proiect Statement: Grantee shall complete activities as set forth in
Section 6, Project Statement: Objectives and Timelines. Changes to
Section 6 shall be submitted to the Grantor Project Manager for prior
approval and may be made only as provided in Exhibit l.a of this
Agreement, which is attached hereto.
5.03 Use of Proiect Funds: Grantee shall use the funds provided by this
Agreement for the provision of activities described in Section 6, Project
Statement: Objectives and Timelines, and shall expend these funds in
accordance with the budget or statement of work shown in Section 8,
Expenditure Summary. Any changes in the program's budget shall be
submitted to the Grantor for approval prior to any change taking place.
5.04 Payment Schedule: Payments shall be made to Grantee according to
the payment and report schedule identified in Section 8, Expenditure
Summary.
5.05 Eligibilitv of Funds: In the event that the California Budget Act does not
provide sufficient appropriations to allow Grantor to fund the Program at
the level initially agreed, the Grantor reserves the right to modify this
agreement to reflect a reduction in available funds, as an alternative to
termination.
5.06 Submission of Reports: Grantee shall submit progress reports in
Page 2 of 11
AGREEMENT NUMBER P1 282107
City of Carisbad
accordance with the payment and report schedule in Section 7, Reports.
Reports shall be submitted in the format prescribed by the Grantor, as
identified in Section 7, Reports, and shall address the activities outlined in
Section 6, Project Statement: Objectives and Timelines. Failure to submit
timely and accurate reports shall be considered evidence of non-
compliance with this Agreement and shall permit termination of the
Agreement by the Grantor.
5.07 General Terms and Conditions. Public Entities General Grant
Provisions (Exhibit 1.a), is hereby incorporated into this agreement and
attached hereto.
SECTION 6 - PROJECT STATEMENT: OBJECTIVES AND TIMELINES
6.01 Introduction:
The title of the project is "Wildlife Movement Analysis for the City of
Cartsbad HMP Preserve," funded through this Agreement by the Natural
Community Conservation Planning (NCCP) Local Assistance Grant (LAG)
Program.
The Grantee is the only jurisdiction with an approved subarea plan under
the subregional Multiple Habitat Conservation Plan (MHCP) which
addresses eight incorporated cities in northern San Diego County. The
MHCP preserve was designed to "maintain connections between each of
the major lagoon and estuary systems with larger blocks of inland habitats
to allow movement of wildlife species" and allow for "demographic and
genetic exchange by all species between preserve areas...to facilitate
access by larger predators...between upland scrub and chaparral habitats
and coastal habitats" (MHCP Vol III, Sec. 4.1, p. 4-10). One of the
monitoring objectives of the MHCP is to assess the use and functionality
of the linkages and potential barriers to movement so that an adaptive
management strategy can be developed to enhance movement within and
beyond the MHCP preserve.
The Grantee has been implementing its MHCP subarea plan (referred to
as the Habitat Management Plan, or HMP) since 2004. A key objective of
the HMP is to "maintain functional wildlife corridors and habitat linkages
within the City and to the region" (HMP Section A.2., p. A-2), which is
considered to be one of the HMP's primary contributions to regional
biodiversity (HMP p. C-14). To help assess the Grantee's ability to achieve
this objective, this Project will develop a detailed inventory of linkages and
pinch points throughout the HMP and monitor the 10 linkages identified in
the MHCP within this subarea. Now that more than 90% of the preserve
has been assembled, it is critical to understand the status of wildlife
movement throughout and beyond the HMP area.
Page 3 of 11
AGREEMENT NUMBER PI 282107
City of Carisbad
6.02 Obiectives(s):
The Carisbad HMP is part of a regional planning effort which seeks to
unite conserved lands across southern California such that multiple
species of wildlife are able to move across the landscape and access core
conserved lands, maintaining a healthy ecosystem. The Project's overall
goal is to determine if the HMP and MHCP planning efforts have been
successful in providing functional wildlife linkages between core areas.
Implementation of this Project will provide a baseline assessment of
linkage functionality within the City, and complement regional efforts to
assess wildlife movement within and beyond San Diego County. MHCP
objectives incorporated into the Project include the following: (a) assess
east-west movement between coastal lagoons and large blocks of
uplands; (b) assess wildlife movement between HMP lands and adjacent
core areas; (c) assess functionality of linkages in smaller habitat
fragments; (d) identify potential constraints to movement; and, (e) develop
and prioritize adaptive management to enhance movement. The focus of
the collection effort will be for medium and large mammals, but will provide
information about small mammal movement as well.
6.03 Proiect Description:
6.03.1 Location:
The work will occur throughout the City of Carisbad HMP preserve
system.
6.03.2 Proiect Set Up:
The project will be managed by Michael Grim, for the Grantee.
Rosanne Humphrey, of ESA (consultant), will manage project
implementation for the Grantee as part of her regular Preserve
Steward duties for the Grantee. The in-office assessment and field
work, described below, will be conducted by team members
including Markus Spiegelberg of the Center for Natural Lands
Management (CNLM), and Joe Henry of ESA, and may be assisted
by additional staff, as appropriate. The team will meet regulariy as
necessary to implement each task, including the final analysis and
reporting. In addition, team members will coordinate with other
entities conducting wildlife movement studies in San Diego County,
particularly the U.S. Geological Society (USGS), to ensure
consistency in methodology and data compatibility with regional
monitoring efforts.
Page 4 of 11
AGREEMENT NUMBER P1 282107
City of Carisbad
6.03.3 Materials:
Project equipment will consist of 20 wildlife camera stations, each
of which will consist of a Cuddleback Attack IR camera, camera
box, T-post, wood, SD cards, and D batteries. Each undercrossing
will consist of two cameras, one at each end, if feasible. Areas that
are visible to the public may only have a single camera, to reduce
the possibility of vandalism and theft. Equipment and materials will
be provided by the Grantee.
6.03.4 Proiect Implementation:
Task 1 - Linkage/Pinch Point Inventory. Using methods
compatible to those used by USGS in a recent linkage evaluation
for the Multiple Species Conservation Program (MSCP) in central
and southern San Diego County (presentation: Rochester et al,
2012), the team (consisting of the Grantee and subcontractors
CNLM and ESA) will identify and evaluate potential linkages and
pinch points throughout the HMP using GIS data layers and aerial
maps. A systematic field inventory and characterization will be
conducted for all of these locations (or as many as feasible, as
determined in consultation with the Grantor Project Manager),
which will include photographs and a description of specific criteria
(to be determined and in consultation with USGS) such as
vegetation cover, length x width of opening, presence of physical
barriers, etc. Deliverables include an archive of linkage
characterizations, and an interim report will be prepared which
describes the methods and results of this initial evaluafion. This
interim report will be incorporated into the final project report.
Task 2 - Wildlife Movement Monitoring. Approximately 15-20
linkages/pinch points will be selected for monitoring, including ail
HMP locafions identified in the MHCP. All locations will use camera
stations. Locations which are currently being monitored by CNLM
will use one camera per stafion; the others will use two cameras
per stafion, if feasible. Cameras will be run for 60 days per quarter
for a full year (240 days total). Track stations will be established at
ten of the camera locations. The track stations will be checked once
per week for two weeks per quarter, for a full year (56 days total).
Prior to implementation, these methods may be revised, in
consultation with USGS, to ensure compatibility with regional
monitoring efforts.
Task 3 - Analysis and Report. This task includes (1) analyzing
the field data to identify linkages that are (a) functional, (b)
functional, but need improvement, and (c) non-funcfional; (2)
assessing the benefit of track stafions (i.e., does it provide any
Page 5 of 11
AGREEMENT NUMBER P1 282107
City of Carisbad
additional informafion?); (3) developing adaptive management
recommendafions for enhancing movement in the HMP; (4)
identifying next steps and priorities for the future, including long-
term monitoring; and, (5) preparing a final report. During the
analysis phase of the project, results from ongoing wildlife
movement studies conducted by USGS will be evaluated for
applicable recommended enhancements to improve the Carisbad
connectivity.
6.03.5 Proiect Management:
The project will be managed by Michael Grim, Carisbad HMP
Coordinator. This includes invoicing, tracking matching funds, and
tracking personnel hours. Mr. Grim will also participate in all
meetings and discussions and review ail project documentafion.
Project implementafion will be managed by Rosanne Humphrey,
HMP Preserve Steward. Ms. Humphrey will assist the HMP
Coordinator with the tracking of hours and matching funds for ESA
and CNLM team members. Ms. Humphrey will also oversee each
task of the project including budget, fimeline, methods and QA/QC;
attend all meetings and discussions; participate in a minor amount
of field work; assist with document preparation and final review; and
ensure fimely submittal to the Grantee. Markus Spiegelberg, CNLM
Regional Preserve Manager, will participate in ail meefings and
discussions, conduct wildlife movement studies using camera
stations at five locations on CNLM-managed preserves, and assist
with document preparation and final review. Joe Henry, ESA
biologist, will conduct the majority of the field work and document
preparation. She will be accompanied in the field by one of three
Grantee Environmental Management staff, who will assist with
recording data, site photography, and monitoring station set up.
6.03.6 Timelines:
The project is expected to begin upon grant execufion and confinue
through March 2015, as follows:
Task 1 (Inifial Linkage Assessment) July 1 - August 31, 2013
Deliverables: Linkage Inventory and preparation of an
Interim Report to be completed by October 31, 2013
Task 2 (Wildlife Movement Monitoring) October 1, 2013 —
September 30, 2014 (exact dates subject to adjustment
based on contracting and results of the Initial Linkage
Assessment)
Task 3 (Analysis; Preparation of a Draft Final, and a Final Report)
August 1-March 30, 2015
Page 6 of 11
AGREEMENT NUMBER P1 282107
City of Carisbad
Deliverables: Submission of a Draft Final Report by January
15, 2015 and the Final Report by March 15, 2015.
6.03.7 Compliance:
The project consists of preserve monitoring that is described in the
MHCP. The U.S. Fish and Wildlife Service (USFWS), Grantor, and
Grantee are all signatories to the Carlsbad HMP Implementing
Agreement. No endangered species, sensitive habitat, or
jurisdictional resources will be impacted by this project; as such, no
additional federal, state or local permits will be required other than
access permission. The majority of field work will be conducted on
lands owned by CNLM, the Grantee, or Grantor. Preserve
properties owned by other entities, such as other preserve
managers or Homeowner Associations (HOAs), will be contacted
for access permission as soon as the inifial site visit locations have
been identified. This will be completed prior to the inifiation of the
project in July of 2013.
6.04 Contacts:
The Project Officials during the ternn of this Agreement are:
CDFW Proiect Manager: Citv of Carlsbad:
Name: David Mayer, Senior
Environmental Scientist
Address: 3883 Ruffin Road, San
Diego, CA 92123
Phone: 858-467-4234
FAX: 858-467-4239
Email:David.Maver(5)wildlife.ca.aov
Name: Michael Grim, Senior
Planner
Address: Faraday Center, 1635
Faraday Ave., Carisbad, CA 92008
Phone: 760-602-4623
FAX: 760-602-8562
Email: Mike.Grim@carisbadca.gov
Direct all administrative inquiries to:
CDFW Grant Coordinator: Citv of Carlsbad:
Name: Cathy Grunwaldt, AGPA
Address: 1416 9^^ St. Suite 1260,
Sacramento, CA 95814
Phone: (916)651-1263
FAX: (916) 653-2588
Email:cathy.grunwaldt@wildlife.ca.go
v
Name: Michael Grim, Senior
Planner
Address: Faraday Center, 1635
Faraday Ave., Carlsbad, CA 92008
Phone: 760-602-4623
FAX: 760-602-8562
Email: Mike.Grim@carlsbadca.gov
The point of contact may be changed at any fime by either party by
providing a ten (10) day advance written notice to the other party.
Page 7 of 11
AGREEMENT NUMBER PI 282107
City of Carisbad
SECTION 7 - REPORTS
7.01 Progress Reports:
The Grantor must receive quarterly progress reports which summarize
overall project progress and briefly highlight any noteworthy events or
potential impediments to successful project completion. Quarteriy
progress reports may be by electronic mail or another form mutually
agreed to by the Grantor and Grantee.
7.02 Final Report:
A Draft Final Report which summarizes the life of the grant and describes
the work and results pursuant to Section 6, Project Statement: Objectives
and Timelines, is due no later than January 15, 2015. Grantor will review
the Draft Final Report within 30 days, and provide comments back to the
Grantee. Based upon the comments and any subsequent discussion, as
appropriate, the Grantee will submit a Final Report to Grantor by March
15,2015.
The Final Report will consist of the following upon complefion of the
project. The first two listed items, because they will be completed prior to
the completion of the Final Report, should be included as attachments or
appendices to the Final Report.
1. Inventory of linkages and pinch points consisfing of datasheets for
each, which will include photographs and a systemafic descripfion
of its characteristics
2. Interim report describing the methods and results of linkage
assessment.
3. Final Report summarizing methods and results of the track and
camera stafion survey. The Final Report will also include an
analysis of the condition of linkages, recommendations for
improvements, and prioritizafion for future management and long-
term monitoring. Any recommendafions in the Final Report may be
the basis for subsequent discussions with the Wildlife Agencies
(jointly, the California Department of Fish and Wildlife and the U.S.
Fish and Wildlife Service) in regard to prioritizing adaptive
m.anagement actions relative to other preserve management and
monitoring needs, and in consideration of exisfing or other potenfial
funding sources. However, any recommendations in the Final
Report would not automatically be binding upon the Grantee and/or
HMP preserve management entities.
Page 8 of 11
AGREEMENT NUMBER P1 282107
City of Carisbad
Although not a deliverable item with respect to this grant or the identified
grant period, the Grantee is also requested to make a presentation of the
results of this investigation at a monthly coordinafion meeting hosted by
the San Diego Management and Monitoring Program (SDMMP).
Addifional presentafions for similar interest-based groups (e.g., Transnet
Environmental Mifigafion Program Working Group, North County and
North County Coastal land managers) are encouraged but are at the
discrefion of the Grantee and/or participating members of the team
performing this work.
SECTION 8 - BUDGET
8.01. Expenditure Summary
Project Work Tasks CDFW
Funds
Other
Funds
Total
Cost
Task 1: Conduct Assessment of
Linkages/Pinch Points
$10,520 $20,660 $31,180
Task 2: Wildlife Corridor Monitoring $36,000 $15,460 $51,460
Task 3: Data Analysis and Final Report $11,140 $1,570 $12,710
Administration $240 $9,110 $9,350
Travel and Equipment $0 $7,825 $7,825
TOTAL PROPOSED BUDGET: $57,900 $54,625 $112,525
Line-Item Details Description of
Activity
CDFW
Funds
Other
Funds
Project
Total
Salaries & Wages
HMP Coordinator 45 hrs@$110/hr $4,950 $4,950
Environmental
Management staff
172 hrs(g$65/hr $3,250 $7,930 $11,180
Subcontractors
Center for Natural
Lands Management
(CNLM)
$5,360 $8,000 $13,360
ESA $49,290 $26,745 $76,035
Equipment and
Supplies
$0 $7,000 $7,000
TOTAL BUDGET: $57,900 $54,625 $112,525
Page 9 of 11
AGREEMENT NUMBER P1 282107
City of Carisbad
8.02 Payment Provisions
8.02.1 Disbursements: Grant disbursements will be made to the Grantee
not more frequently than monthly in arrears, upon receipt of an original
itemized invoice and any required progress report or other mandatory
documentation as identified within this agreement. The invoice package
must be sent to the Project Manager at:
California Department of Fish and Wildlife,
Attn: David Mayer
3883 Ruffin Road
San Diego, CA 92123
The invoice shall contain the following informafion:
• The word "Invoice" should appear in a prominent locafion at the top
ofthe page(s);
• Printed name of the Grantee;
• Business address of the Grantee including P.O. Box, City, State,
and Zip Code;
• Name of the Region/Division of the Department of Fish and Wildlife
being billed;
• The date of the invoice and the time period covered; i.e., the term
"from" and "to";
• The number ofthe Grant upon which the claim is based;
• The invoice must be itemized using the categories and following the
format of the budget;
• The total amount due. This should be in a prominent locafion in the
lower right-hand portion of the last page and clearly disfinguished
from other figures or computations appearing on the invoice. The
total amount due shall include all costs incurred by the Grantee
under the terms of this grant;
• The original signature of the Grantee (not required of established
firms or entities using preprinted letterhead invoices); and
• The Grantee must provide supporting documentation for the invoice
and actual receipts upon request of the Project Manager.
8.02.2 Invoice Documentation: Each invoice for payment must be
accompanied by a written description, not to exceed two pages in
length, ofthe Grantee's performance under this grant since the fime
the previous such report was prepared. The report shall describe
the types of activities and specific accomplishments during the
period for which the paynnent is being made rather than merely
lisfing the number of hours worked during the reporting period. If
there are cost shares involved with the project, the final invoice
Page 10 of 11
AGREEMENT NUMBER P1 282107
City of Carisbad
must include a budget summary of cost share expenditures by fund
source.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
duly executed as of the dates set forth below their respective signatures.
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
By:
Signatujg^^^^ll
Printed Name: Helen Carriker \
Title: Deputy Director, Administration
Date: ^yVX^^
AUTHORIZED AGENT FOR GRANTEE
By:
Signature:.
Printed Name: John Coates
Title: Citv Manager
Date: 5y^//3
This agreement is exempt from DGS-OLS approval, per SCM 4.06.
Page 11 of 11
California Department of Fish and Wildlife
Exhibit 1.a - Public Entifies General
Grant Provisions
Agreement Number: P1282107
City of Carisbad
Page 1 of 6
1. APPROVAL: This Agreement is of no force or effect unfil signed by both parties and approved by
the California Department of Fish and Wildlife (CDFW). Grantee may not commence performance
until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any ofthe parties.
3. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in part,
without the consent of the State in the form of a formal written amendment.
4. AUDIT: Grantee agrees that the CDFW, the Department of General Services, the Bureau of State
Audits, or their designated representative shall have the right to review and to copy any records
and supporting documentation pertaining to the performance of this Agreement. Grantee agrees
to maintain such records for possible audit for a minimum of three (3) years after final payment,
unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s)
access to such records during normal business hours and to allow interviews of any employees
who might reasonably have information related to such records. Further, Grantee agrees to
include a similar right ofthe State to audit records and interview staff in any subcontract related to
performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code, CCR Title 2, Section
1896).
5. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State of
California, CDFW, its officers, agents and employees from any and all claims and losses accruing
or resulting to any and all of Grantee's employees or agents, contractors, subcontractors,
suppliers, laborers, and any other person, firm or corporation furnishing or supplying work
services, materials, or supplies in connection with the performance of this Agreement, and from
any and all claims and losses accruing or resulfing to any person, firm or corporation who may be
injured or damaged by Grantee in the performance of this Agreement.
The State of Califomia shall defend, indemnify and hold the Grantee, its officers, employees and
agents harmless from and against any and all liability, loss, expense, attorney's fees, or claims for
injury or damages arising out of the performance of this Agreement but only in proportion to and to
the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused
by or result from the negligent or intentional acts or omissions of the State of California, or its
agencies, their respective officers, agents or employees.
6. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any
Hicni it*a
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 ofthe State. Grantee acknowledges and promises that CDFW is not acting
as an employerto any individuals furnishing services or work pursuant to this Agreement.
(Rev. 12/21/12)
California Department of Fish and Wildlife Agreement Number: P1282107
Exhibit 1.a - Public Entifies General City of Carlsbad
Grant Provisions Page 2 of 6
8. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its
subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical condition
(e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and
subcontractors shall ensure that the evaluation and treatment of their employees and applicants
for employment are free from such discrimination and harassment. Grantee and subcontractors
shall comply with the provisions ofthe Fair Employment and Housing Act (Gov. Code §12990 (a-f)
et seq.) and the applicable regulations promulgated there under (California Code of Regulations,
Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of
Division 4 of Title 2 ofthe California Code of Regulations, are incorporated into this Agreement by
reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give
written notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
9. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
10. LICENSES AND PERMITS (If Applicable): The Grantee shall obtain, at its expense, all licenses
and permits required by law for accomplishing any work required in connection with this
Agreement.
11. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports,
computer programs, operating manuals, notes and other written or graphic work produced in the
performance of this Agreement, are subject to the rights of the State as set forth in this section.
The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in
any manner and for any purposes whatsoever and to authorize others to do so. If any such work is
copyrightable, the Grantee may copyright the same, except that, as to any work which is
copyrighted by the Grantee, the State reserves a royalty-free, nonexclusive and irrevocable
license to reproduce, publish, and use such work, or any part thereof, and to authorize others to
do so.
12. CONTINGENT FUNDING: It is mutually understood between the parties that this Agreement may
have been written before ascertaining the availability of State appropriation of funds for the mutual
benefit of both parties in order to avoid program and fiscal delays which would occur if the
Agreement were executed after that determination was made.
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
(Rev. 12/21/12)
California Department of Fish and Wildlife Agreement Number: P1282107
Exhibit 1.a - Public Entities General City of Carlsbad
Grant Provisions Page 3 of 6
this program. In addition, this Agreement is subject to any additional restrictions, limitations, or
conditions enacted by the Legislature of any statute enacted by the Legislature which may affect
the provisions, terms or funding of this Agreement in any manner.
It is mutually agreed that if the Legislature does not appropriate sufficient funds for the Agreement,
the State has the option to terminate the Agreement under the termination clause or to amend the
Agreement to reflect any reduction of funds. CDFW has the option to invalidate the contract under
the 30-day cancellation clause or to amend the Agreement to reflect any reduction in funds.
13. RIGHT TO TERMINATE:
a. This agreement may be terminated by mutual consent of both parties or by any party upon
thirty (30) days written notice and delivered by USPS First Class or in.person.
b. In the event of terminafion of this Agreement, Grant Recipient shall immediately provide CDFW
an accounting of all funds received under the Agreement and return to CDFW all funds
received under this Agreement which have not been previously expended to provide the
services outlined within this agreement.
c. Any such termination of this Agreement shall be without prejudice to any obligations or
liabilities of either party already accrued prior to such termination. CDFW shall reimburse
Grantee for all allowable and reasonable costs incurred by it for the Project, including
foreseeable and uncancellable obligations. Upon notification of termination from CDFW,
Grantee shall use its reasonable efforts to limit any outstanding financial commitments.
14. CONFIDENTIALITY OF DATA: The Grantee shall protect from disclosure all information made
available by CDFW. The Grantee shall not be required to keep confidential any data or information
which is publicly available, independently developed by the Grantee, or lawfully obtained from
third parties. Written consent of CDFW must be obtained prior to disclosing informafion under this
Agreement.
15. DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part
pursuant to this Agreement shall contain a disclosure statement indicating that the document or
written report was prepared through an Agreement with the State. The disclosure statement shall
include the Agreement number and dollar amount of all Agreements and subcontracts relating to
the preparation of such documents or written reports. The disclosure statement shall be contained
in a separate section ofthe document or written report.
If the Grantee or any subcontractor(s) are required to prepare multiple documents or written
reports, the disclosure statement may also contain a statement indicating that the total Agreement
amount represents compensation for multiple documents or written reports. The Grantee shall
include in each of its subcontracts for work under this Agreement, a provision which incorporates
the requirements stated within this section.
16. POTENTIAL SUBCONTRACTOR(S): Nothing contained in this Agreement or otherwise shall
create any contractual relation between the State and any subcontractor(s) and no subcontract
shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to
(Rev. 12/21/12)
California Department of Fish and Wildlife Agreement Number: P1282107
Exhibit l.a - Public Enfifies General City of Carlsbad
Grant Provisions Page 4 of 6
be as fully responsible to the State for the acts and omissions of its subcontractor(s) and of
persons directly employed or indirectly employed by any of them as it is for the acts and omissions
of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractor(s)
is an independent obligation from the State's obligation to make payments to the Grantee. As a
result, the State shall have no obligation to pay or to enforce the payment of any monies to any
subcontractor.
17. TRAVEL AND PER DIEM (if applicable): The Grantee agrees to pay reasonable travel and per
diem to its employees under this Agreement. The reimbursement rates shall not exceed those
amounts identified in the Department of Personnel Administration and/or Universities of California
travel reimbursement guidelines.
18. LIABILITY INSURANCE (as applicable): Unless othenA/ise specified in the Grant Agreement,
when the Grantee submits a signed Agreement to the State, the Grantee shall also furnish to the
State either proof of self-insurance or a certificate of insurance stating that there is liability
insurance presently in effect for the Grantee of not less than $1,000,000 per occurrence for bodily
injury and property damage liability combined. Grantee agrees to make the entire insurance policy
available to the State upon request.
The certificate of insurance will include provisions a, b, and c, in their enfirety:
a. The insurer will not cancel the insured's coverage without thirty (30) days prior written notice to
the State;
b. The State of California, its officers, agents, employees, and servants are included as additional
insured, by insofar as the operations under this Agreement are concerned; and
c. The State will not be responsible for any premiums or assessments on the policy.
The Grantee agrees that the bodily injury liability insurance herein provided for, shall be in effect
at all times during the term of this Agreement. In the event said insurance coverage expires at any
time or times during the term of this Agreement, Grantee agrees to provide, prior to said expiration
date, a new certificate of insurance evidencing insurance coverage as provided for herein for not
less than the remainder of the term of the Agreement, or for a period of not less than one (1) year.
New certificates of insurance are subject to the approval ofthe Department of General Services,
and the Grantee agrees that no work or services shall be performed prior to giving of such
approval. In the event the Grantee fails to keep in effect, at all times, insurance coverage as
herein provided, the State may, in addition to any other remedies it may have, terminate this
Agreement upon occurrence of such event.
CDFW will not provide for, nor compensate the Grantee for any insurance premiums or costs for
any type or amount of insurance. The insurance required above, shall cover all Grantee supplied
personnel and equipment used in the perforrTiance of this Agreement. When applicable, if
subcontractors performing work under this Agreement do not have insurance equivalent to the
above, the Grantee's liability shall provide such coverage for the subcontractor, except for
coverage for error, mistake, omissions, or nnalpractice, which shall be provided by the
subcontractor if such insurance is required by the State.
(Rev. 12/21/12)
California Department of Fish and Wildlife Agreement Number: P1282107
Exhibit 1.a - Public Entifies General City of Carisbad
Grant Provisions Page 5 of 6
19. GRANTEE STAFF REQUIREMENTS: The Grantee represents that it has or shall secure at its
own expense, all staff required to perform the services described in this Agreement. Such
personnel shall not be employees of or have any contractual relationship with the CDFW or any
other California State entity.
20. PROPERTY ACQUISITIONS: Property, as used in this exhibit shall include the following:
a. Equipment - Tangible property (including furniture) with a unit cost of $5,000 or more and a
useful life of four (4) years or more. Actual cost includes the purchase price plus all costs to
acquire, install, and prepare the equipment for its intended use.
b. Furniture - Standard office furnishings including desks, chairs, bookcases, credenzas,
tables, etc.
c. Portable Assets - Items considered 'highly desirable' because of their portability and value,
e.g., calculators, typewriters, computers, printers, scanners, shredders, cameras, etc.
d. Electronic Data Processing (EDP) Equipment - All computerized and auxiliary automated
information handling, including system design and analysis; conversion of data; computer
programming; information storage and retrieval; voice, video and data communications;
requisite system controls; simulation and all related interactions between people and
machines.
The Grantee may purchase property under this Grant Agreement only if specified in the budget
detail and payment provisions section. All property purchased by Grantee is property of Grantee.
CDFW does not claim title to the property, but requires Grantee to maintain accountability for all
property purchased with grant funds.
Title to property with a unit cost of $5,000 or more may be retained by Grantor upon end of the
grant cycle; final disposition will be coordinated by CDFW's Grant Manager.
Before property purchases made by the Grantee are reimbursed by CDFW, the Grantee shall
submit paid Grantee receipts identifying the Grant Agreement Number, purchase price,
description of the item (s), serial number(s), model number(s), and location, including street
address where property will be used during the term of this Grant Agreement. Said paid receipts
shall be attached to the Grantee's invoice(s).
The Grantee shall keep, and make available to Grantor, adequate and appropriate records of all
property purchased with the Grant Agreement funds.
Prior written authorization by the CDFW Grant Manager shall be required before the Grantee will
be reimbursed for any property purchases not specified in the budget. The Grantee shall provide
to CDFW Grant Manager, all particulars regarding the necessity for such property and the
reasonableness ofthe cost.
(Rev. 12/21/12)
California Department of Fish and Wildlife Agreement Number: P1282107
Exhibit 1 .a - Public Entifies General City of Carlsbad
Grant Provisions Page 6 of 6
Property will only be considered for purchase approval if- no other equipment owned by the
applicant is available and suitable for the project.
Grant funds cannot be used to reimburse the project for equipment obtained prior to the
beginning of the grant term.
Grant funds cannot be used for property if specifically prohibited in the authorizing legislation or
restricted in the terms ofthe program.
Should this Grant Agreement be cancelled for any reason, any property purchased with grant
funds shall be returned to Grantor.
State policies and procedures applicable to procurement with nonfederal funds, shall apply to
procurement by the Grantee under this Grant Agreement, provided that procurements conform
to applicable State law and the standards identified in this exhibit. These include, but are not
limited to: statutes applicable to State agencies; statutes applicable to State colleges and
universities; public works projects; the California Constitution governing University of California
contracting, the State Administrative Manual; statutes applicable to specific local agencies;
applicable city and county charters and implementing ordinances including policies and
procedures incorporated in local government manuals or operating memoranda.
(Rev. 12/21/12)