HomeMy WebLinkAboutMINUTES - 07201993 - 1.43 s�) I Pl' 1 . 4 3
TO: BOARD OF SUPERVISORS Contra�y
FROM:
Mark Finucane, Health Services Director
By: Elizabeth A. Spooner, Contracts Administrator ^c}cl
DATE: July 8, 1993 lig County
SUBJECT: Approval of Standard Agreement #28-539 with the State Department of Fish and
Game, Office of Oil Spill Prevention and Response
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Approve and authorize the Chair, Board of Supervisors, to execute, on behalf of the
County, Standard Agreement #28-539 (State #FG 2373-OS) with the State Department of
Fish and Game, Office of Oil Spill Prevention and Response (OSPR) , in the amount of
$49,138, for the period from April 1, 1993 through October 1, 1994, for development
of a County-wide Oil Spill Contingency Plan.
II. FINANCIAL IMPACT:
Approval of this Agreement will provide $49,138 of State funding for the period
from April 1, 1993 through October 1, 1994, • for an Oil Spill Contingency Plan in
Contra Costa County. No County funds are required.
III. REASONS FOR RECOMMENDATIONS/BACKGROUND:
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, (Act) created a
new and comprehensive State oil spill program. The Act, which emphasizes oil spill
prevention, contingency planning and response to oil spills in marine waters,
greatly expanded the authority, responsibility and duties of the State Department
of Fish and Game, by establishing the Office of Oil Spill Prevention and Response
(OSPR) . In addition, the Act provides for the implementation of a grant program to
provide eligible local governments with funds to complete, update or revise an oil
spill contingency plan. The grant program has been determined by OSPR as necessary
to ensure the best achievable protection for California marine waters.
On February 9, 1993, the Board approved submission of a Funding Application to the
State Department of Fish and Game, OSPR, for development of a County-wide Oil Spill
Contingency Plan that would build on existing programs, policies and plans to ensure
that there is an immediate and coordinated emergency response in the event of an off
shore oil spill. Standard Agreement #28-539 is the result of that application.
Eight signed copies of the Standard Agreement and eight certified copies of the
Board Order should be returned to the Contracts and Grants Unit for submission to
the State Department of Fish and Game.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME AT ON OF BOARD OMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISOR ON THE DATE SHOWN.
Contact: William Walker, M.D. (370-5010)
CC: Health Services (Contracts) ATTESTED b
Risk Management Phil B helm, rk oft Board of
Auditor-Controller Snervisors and County Administrator
Contractor _
M382/7-83 BY DEPUTY
STA-�E OF CALIFORNIA L--_- -.I-
AP
.
APPROVED BY THE CONTRACT NUMBER AM.N0.
STANDARD AGREEMENT- ATTORNEY GENERAL
STD.2(REV.4-90)
CONTRACTOR'S FEDERAL I.D.NUMBER
THIS AGREEMENT,made and entered into this 1 S t day of April 19 93e. QA-6000509 the State of California,by and between State of California,through its duly elected or appointed,qualified and acting
TITLE OF OFFICER ACTING FOR STATE AGENCY
Director Department of Fish & Gag@Aaftercalled the State,and
CONTRACTOR'S NAME 28 - 539
1 _ (�
Contra Costa County Health Services Department V8 53 9 hereafter called the Contractor.
WITNESSETH: That the Contractor for and in consideration of the covenants,conditions,agreements,and stipulations of the State hereinafter expressed,
does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor,amount to be paid Contractor,
time for performance or completion,and attach plans and specifications,if any.)
This Grant Agreement is hereby entered into pursuant to the
Lempert-Keene-Seastrand Oil Spill Prevention and Response Act,.
Chapter 1248, Statute of 1990.
1. The contractor will provide such services as described in
the attached Exhibit I, entitled Approved Project
Proposal, consisting of 7 .pages and made a part of this
agreement by this reference.
2 . TERM OF AGREEMENT
A. The term of this agreement shall be from April 1,
1993 through October 1, 1994 .
B. The term of this agreement may be extended by
mutual consent of both parties through an amendment
as specified in paragraph 4 of this agreement.
CONTINUED ON 6 SHEETS,EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
W WITNESS WHEREOF,this agreement has been executed by the parties hereto,upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR {
AGENCY CONTRACTOR(If other than an individual,state whether a corporation,partnership,etc.)
Dep me t of Fish and Game Contra Costa County Heaith Services Departmen'_.
BY( HO D GNATURE) (AUTH
13904t6XAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
Kar n A. Me reles Chair, Board of Supervisors
TITLE ADDRESS
Deputy Director, Administration 651 1Pine Street, Martinez CA 9 :553
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE Department of General Services
DOCUMENT event'on &
$ 49,138 Local Assistance eventKD6rtment
Use Only
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR R
THIS CONTRACT POLICY BUDGET
ITEM CHAPTER STATUTE FISCAL YEAR of General Services
$ 3600-101-320 587 1992 92/93 A PP R O V E D
DATE OBJECT OF EXPENDITURE(CODE AND TITLE)
TOTAL AMOUNT ENCUMBERED TO
$ SEP 0 -7 1993
I hereby certify upon my own personal knowledge that budgeted funds T.B.A.NO. B.R.NO.
are available for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER .. _ DATE !� B
�tJ �
Asst.cs;-f Counsel
CONTRACTOR STATE AGENCY DEPT.OF GEN.SER. F� CONTROLLER 90 56667
STATE OF CALIFORNIA
STANDARD AGREEMENT
STD.2(REV.4-90)
1. The Contractor agrees to indemnify,defend and save harmless the State,its officers,agents and employees
from any and all claims and losses accruing or resulting to any and all contractors, subcontractors,
materialmen,laborers and any other person,firm or corporation furnishing or supplying work services,
materials or supplies in connection with the performance of this contract,and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured,or.damaged by the
Contractor in the performance of this contract.
2. The Contractor,and the agents and employees of Contractor,in the performance of the agreement,shall
act in an independent capacity and not as officers or employees or agents of State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor
should Contractor fail to perform the covenants herein contained at the time and in the manner herein
provided. In the event of such termination the State may proceed with the work in any manner deemed
proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this
agreement,and the balance,if any,shall be paid the Contractor upon demand.
4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole
or in part.
5. Time is of the essence in this agreement.
6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by
the parties hereto,and no oral understanding or agreement not incorporated herein,sliall be binding on
any of the parties hereto.
7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of
Contractor's expenses incurred in the 'performance hereof, including travel and per diem, unless
otherwise expressly so provided.
........ ..- _.....�. . . .. ........ .
'...'.-.r+.:_.:.e..:-..-..-.gin..s:au...:...e..•........... .�-....:..n�`. ...w.i... ..:..... .....: .- .. .- :.- �..._......... . ..
County of Contra Costa
Contract No. FG 2373-OS
Page Two
TERMS AND CONDITIONS
3 . GRANT AGREEMENT
This Grant Agreement is between the State and the County
of Contra Costa who will perform certain activities set
forth in the Grant Agreement. The Grant Agreement
consists - of the following Exhibits which are attached
hereto and made a part hereof by this reference:
. Exhibit I A copy of the Approved Project Proposal
• Exhibit II A copy of the Approved Budget
. Exhibit III A copy of the Oil Spill Contingency Plan
Element Grant Regulations
No grant activities can begin or funds be disbursed until
the agreement is fully executed by both the State
Administrator and the Contractor.
4 . AMENDMENTS
Amendments or changes to any component of the Grant
Agreement can be made only with prior written approval
from the State. All requests must be submitted directly
to the Grant Program Manager and include a description of
the proposed change, revised attachment(s) , and the
reasons for the change. This agreement may be amended in
writing, and not otherwise, as mutually agreed upon by
the parties hereto.
5. MAXIMUM AMOUNT AVAILABLE
A. Subject to the availability of grant monies in the
Act, the State hereby awards to the Contractor a
sum of $49, 138.00 in consideration of and on
condition that the sum be expended to carry out the
purposes as set forth in Exhibit I, Project
Proposal, and Exhibit II, Approved Budget, under
the terms and conditions outlined in this
agreement.
B. The Approved Budget is an estimate of the
Contractor's anticipated costs of performance
hereunder. Actual invoiced expenses must be charged
against specific categories in the Approved Budget.
If required by actual costs, the State may approve
and reimburse expenditures in any of the budgeted
-categories in excess of the estimated costs,
provided there are offsetting, decreased
expenditures in other budgeted categories. Such
Contra Costa County
Contract No. FG 2373-OS
Page Three
requests for budget category changes must be made
in writing to the Contract Administrator.
C. Contractor agrees to assume any obligation to
furnish any additional funds that may be necessary
to complete the project. Any modifications or
alterations in the project as set forth in the
Exhibit I, Project Proposal and application on file
with the State must be submitted to the State for
approval.
6. PROJECT PERFORMANCE & EXECUTION
The Contractor agrees to complete the project as
described in the approved Project Proposal, Exhibit I and
the Oil Spill Contingency Plan Element Grant Regulations,
Exhibit III. All submitted projects are subject to the
review and approval of the State.
The Contractor agrees to submit an original and three (3)
copies of the completed oil spill contingency plan
element within 180 days subsequent to full execution of
the Grant Agreement. Extension for submittal beyond the
180 days must be requested in writing.
If upon review, the element is not approved, the plan
shall be returned to the Contractor that prepared it,
specifying the basis for disapproval and identifying the
items which must be addressed before the element may be
approved. The Contractor shall have 90 days within which
to resubmit the plan, and address all concerns. Failure
to do so will result in disapproval of the project. Upon
disapproval, the funds withheld shall be forfeited. Such
forfeitures shall revert to the fund.
7. MID-TERM PROGRESS REPORT
The Contractor agrees to submit a mid-term progress
report within 30 days following the mid-term of the
project. The report shall include:
A. Statement that the oil spill contingency plan
element being completed, updated, or revised is
oris not on schedule; and a description of program
tasks or milestones and the status of each.
B. Discussion of any difficulties or special problems
encountered in accomplishing the project tasks.
Contra Costa County
Contract No. FG 2373-OS
Page Four
C. A financial report comparing the costs to date with
approved scope of the work and the original budget.
The report shall state whether the program is
progressing within the approved budget, with an
explanation of any current or anticipated
deviations. The report shall include a Statement
of Expenditures showing the program's expenditures
incurred to date.
D. A report of any changes in personnel assigned. to
the development, review, or approval of the
project.
8. FINAL REPORT
The Contractor agrees to submit a final report within 60
days from the completion and. approval date of the oil
spill contingency plan element. The report shall
include:
A. A Table of Contents.
B. A brief summary of the objectives of the grant and
how these objectives were accomplished.
C. Any findings, conclusions, or recommendations for
additional activities which result from the
successful completion of the program. A statement,
if applicable, of future public and/or private
support to maintain or further develop the local
oil spill contingency plan element.
D. A list of sub-contractors (if applicable) who
participated, in whole or in part, in the grant
program, including names, addresses and a
description of their work which must be in
accordance with procedures outlined in the grant
agreement.
E. Final Financial Statement for the Program. This
report shall provide information that enables the
State to determine the final specific use for all
grant funds utilized. It should also indicate all
other sources of funds utilized by .the Contractor.
F. Final Payment Request.
G. A copy of the completed and approved oil spill
contingency plan element, which was completed,
updated, or revised. If portions of the
Contra Costa County
Contract No. FG 2373-OS
Page Five
Contractor's area plan established pursuant to
Section 25503 of the Health and Safety Code are
cross-referenced in the oil spill contingency plan
element, the area plan must also be submitted as
an addendum to the final report.
9. PAYMENT OF FUNDS
A. Payment Request - The Contractor may request
payment from the State at not more frequently than
once a month during the term. of the project. All
payment requests should be made in arrears, i.e. ,
after incurring an obligation to pay for a service
or product, such as having received a bill or
invoice.
The request may be for an obligation if the grantee
is requesting funds in order to pay the bill or
invoice.
B. Retention - The State may retain 10% of the total
amount awarded or 10% of any payment request until
after the final product has been submitted. When
satisfied that the terms of the funding agreement
have been fulfilled, the State will authorize
payment of that retention.
C. Documentation - All payment requests must be
submitted using a completed invoice. The invoice
must be accompanied by a short narrative justifying
the need for payment. The invoice must be sent in
triplicate, bearing the contract reference number
FG. The request and support documentation must be
sent to:
California Department of Fish and Game
Office of Oil Spill Prevention and Response
Attention: Oil Spill Contingency Plan
Grant Program
P. O. Box 944209
Sacramento, California 94244-2090
Narrative justification should include a list by
budget item, a :description .of ..the time or task for
which payment is being requested, the date the bill
or invoice was paid, and the amount.
Any payment request that is submitted without the
narrative justification will not be authorized.
If the narrative justification is incomplete,
Contra Costa County
Contract No. FG 2373-OS
Page Six
inadequate, or inaccurate, the entire package will
be returned to the Contractor for correction.
D. Release of Funds - Payment requests for funds will
not be processed during the project term if the
following conditions exist:
• The required mid-term report has not been
submitted.
. Applicable contracts and/or subcontracts have
not been reviewed and approved.
. All applicable special conditions have not been
met.
10. ACCOUNTING AND AUDITING REQUIREMENTS
A. Accounting and Financial - The Contractor shall
establish a separate ledger account for receipt and
disbursement of State funds for the project.
Expenditure detail must be maintained in accordance
with the approved budget detail using appropriate
accounting practices.
B. Retention of Records - Project records, including
financial records, performance reports, and payment
requests shall be retained for a minimum of four
years after the project has been formally concluded
unless otherwise specified in the funding
agreement.
C. Audits - The Contractor agrees to allow the State
or any other agency of the State, upon written
request, to have reasonable access to and the right
of inspection of all records that pertain to the
project. Further, the Contractor agrees to
incorporate an audit of this program within their
scheduled agency audits, when specifically
requested by the State.
Records pertaining to this contract shall be
subject to the examination and audit of the
Auditor General and the State for a period of
three years after final payment under the
contract. Adequate records..for . such .an .audit in
form approved by the State shall be maintained and
expenditures not approved by the State shall be
borne by others.
Contra Costa County
Contract No. FG 2373-OS
Page Seven
11. OTHER PROVISIONS
A. Nondiscrimination Clause - The attached Exhibit IV
entitled Nondiscrimination Clause (OCP-1) is hereby
made a part of this agreement by this reference.
B. Subcontracting - If the Contractor chooses to
accomplish all or part of the described services
outlined in the approved Project Proposal, through
the use of subcontractors, then the following
conditions must be met:
1. The agreement between the primary Contractor
and the subcontractor must be in writing.
2 . The agreement must include specific language
which establishes the rights of the auditors
of the State to examine the records of the
subcontractor relative to the services and
material provided under that agreement.
3 . The State must approve the agreement before it
is executed.
4. The Contractor should attempt to award
subcontracts to Minority/Women/Disabled
Veteran business enterprises in accordance
with the State's law for this purpose.
C. 30-Day Cancellation Clause The State may
terminate performance of work under this contract
in whole or in part with thirty (30) days' notice,
whenever for any reason the State shall determine
that such termination is in the best interest of
the State. Upon receipt of "Notice of
Termination", the Contractor shall be paid at the
rate specified in Exhibit II, Approved Budget, for
work performed prior to the effective date of
termination.
D. Travel expenses and per diem rates must be set at
the rate specified by Department of Personnel
Administration for similar..employees.
E. Notwithstanding any other provisions of this
agreement, grant monies shall be encumbered by the
Contractor within three years from the date of full
execution .of the Grant Agreement.
EXHIBIT I
APPROVED PROJECT PROPOSAL
Contra Costa County .
FG 2373—OS Exhibit I
PROJECT PROPOSAL
Contra Costa County has the highest concentration of petro-chemical industry in
northern California. Numerous handlers, users and manufacturers of hazardous
materials are transported through out the County daily by ship, truck and rail. A
strong emphasis has been placed on preventing of hazardous materials incidents
at the fixed facilities and developing effective response to those incidents that do
occur.
Contra Costa County proposes to develop an Oil Spill Contingency Plan that would
build on existing programs, policies and plans to ensure that there is an immediate
and coordinated emergency response to an oil spill into marine waters. San Pablo
Bay and the Carquinez Straits flow adjacent to Contra Costa County. Five oil
refineries sit on nearby shores. Tankers carrying oil travel through the Delta Waters
toward Sacramento.
In order to develop the plan,we will review and integrate existing contingency plans
developed by the oil refineries, the County (the Hazardous Materials Area Plan),
and other relevant regional, state and federal plans into a single comprehensive
county-wide plan.
The following is a brief description of the plans and programs currently in place
that would comprise the basis for the key components of the oil spill contingency
plan. We identify those areas that would need further review and expansion in
order to specifically deal with off-shore oil spill response.
EMERGENCY NOTIFICATION
Over the past two years the County has placed a great deal of emphasis on
improving the speed and effectiveness of emergency notification to agencies, key
response officials and the public when a chemical accident occurs. This has
included active participation with chemical companies and public agencies in the
Community Awareness Emergency Response (CAER) group. In coordination with
CAER the County has developed and implemented:
• a Hazardous Materials Incident Notification Policy and a Facility Incident
Checklist which provide companies with guidelines to speed the notification
process;
• internal notification checklists; and
• the Community Notification Network
Contra Costa County 2
FG 2373—OS Exhibit I
The Community Notification Network (CNN) focuses on an integrated approach to
community notification through the use of:
• Contra Costa based KISS radio stations AM990 and 92FM;
• Traveler's Information System (city owned radio stations);
• emergency phone notification using Community Alert Network, a
computerized phone system that can make up to 50 calls at a time to a
threatened area giving emergency information and instructions; and
• in the future, sirens in certain industrial locations.
KISS radio and Community Alert Network can also be used to notify key officials
needing to respond to an emergency.
The Oil Spill Contingency Plan will expand our current emergency notification
procedures to include plans for an off shore oil spill.
COORDINATION OF INCIDENT RESPONSE
Emergency response in Contra Costa County is currently guided by the use of the
Hazardous Materials Area Plan and the County Emergency Plan. These plans have
been developed in coordination with other response agencies. We also use the
Incident Command System for a coordinated response to emergencies.
Through development of our plan we will expand our capabilities to include
coordination with refineries and other local,state and federal agencies for response
in the event of an off shore oil spill.
LOGISTICS FOR EMERGENCY RESPONSE
The Environmental Health Division of Contra Costa County Health Services
Department operates a Hazardous Materials Emergency Response Program.
Teams of three people each are on call 24 hours a day to respond to hazardous
materials incidents anywhere in the county.
Recently a Regional Hazardous Materials Response Organization was formed..The
organization membership includes representatives from the Hazardous Materials
Response Program, police and fire agencies, refineries,California EPA,federal EPA
and others from Contra Costa and surrounding Bay Area counties. The
organization was formed to develop a hazardous materials mutual aid response
capability. They are identifying available resources to enhance response
Contra Costa County 3
FG 2373—OS Exhibit I
capabilities and training. They are also developing a standard level of training
needed for response.
Contra Costa County also has a Petro-Chemical Mutual Aid Organization, which is
made up of petro-chemical companies that have their own fire fighting capabilities.
Drills are conducted on a monthly basis. Fire districts, the United States Coast
Guard, Environmental Health, Emergency Medical Services, the Office of
Emergency Services and other agencies participate in monthly meetings as well.
The Oil Spill Contingency Plan will build on these programs to include response to
off shore oil spills. We will focus on location and access to marine facilities that
might be affected to an oil spill as well as the identification of resources needed
specifically to respond to marine accidents.
DRILLS
On a regular basis Contra Costa County takes part in table top, functional and full
scale drills. These have included bringing in specialists from the California
Specialized Training Institute (CSTQ to coordinate functional and full scale
hazardous materials exercises for the county and several of its cities. The full scale
exercise was the first of its kind for the County, using "real time" to respond to a
hazardous materials incident.
The County encourages the development of drills by cities, industry and other
agencies and assists and participates in as many as possible. A tri-county
hazardous materials full scale drill is planned for April of this year.
As part of our plan we will expand our capabilities to be able to respond to off
shore oil spills and participate in drills involving these incidents.
INCIDENT CRITIQUE AND FOLLOW-UP
After each drill and actual incident a critique is held to evaluate how the response
worked, where weaknesses were identified and how to overcome those
weaknesses or gaps in the response. All companies and agencies that participated
in the drill or incident response are invited to the critiques. Action is then taken on
the lessons learned so that response capabilities can be improved.
In developing our plan we will expand our capability to include response to off
shore oil spills. Through critiques of drills and actual incidents we will be able to
continue learning and expanding our capabilities to respond.
Contra Costa County
FG 2373-OS' 4
PROPOSAL GOALS AND OBJECTIVES
Our goal is to review and build on our current capabilities of responding to
hazardous materials incidents to ensure effective response to oil spills in marine
waters. Our objectives are as follows:
• Review existing oil spill contingency plans of each of the refineries in Contra
Costa County.
• Ensure there is integration of and consistency between oil spill contingency
plans of the refineries, Contra Costa's Hazardous Materials Area Plan and all
relevant plans of state and Federal agencies.
• Detail the responsibilities of the various agencies involved in response to an
off shore oil spill and ensure that they are reflected in the local plans as
appropriate.
• Develop emergency notification protocols of all agencies for an off shore oil
spill incident.
• Develop plans for utilizing Contra Costa's Community Notification Network
to transmit information to the public in the impact area.
• Revise Hazardous Materials Area Plan to incorporate response to off shore
oil spill incidents.
• Participate in an off shore oil spill drill.
MAP
Contra Costa County has five refineries. In addition marine vessels carrying oil
pass by Contra Costa County through San Pablo Bay and the Carquinez Straits.
See the enclosed map showing the water ways and refineries.
Contra Costa County S
FG 2373-OS Exhibit I
PROCEDURES AND METHODOLOGY
A basic work plan follows. Once an initial review of refinery contingency plans has
been conducted we will be able to determine what is in existence already and the
need to expand our work plan. We plan on utilizing an outside consultant to assist
in completion of our project.
WORK PLAN
• Months 1-2: Coordinate with representatives of the five refineries in Contra
Costa to review existing contingency plans
• Months 2-3: Hold meetings with local, state and federal agencies to discuss
responsibilities and to review the Incident Command Structure as it relates
to the response to an off shore oil spill.
• Month 3-4: Develop emergency notification procedures using KISS Radio and
Community Alert Network.
• Month 4-5: Draft oil spill contingency plan element. Review by various
organizations (see below).
• Month 6: Update the Hazardous Materials Area Plan for consistency with oil
refineries' response plans and re-write the Matrix to reflect inclusion of
response to an off shore oil spill.
REVIEW PROCESS
We will be developing our plan in coordination with several agencies. In addition,
the plan will be reviewed by the Hazardous Materials Response Association, CAER,
the County Hazardous Materials Council which is made up of the County
Administrative Officer and other department heads, the Hazardous Materials
Commission, the County Office of Emergency Services and the County Health
Service Department.
Contra Costa County 6
FG 2373-OS Exhibit I
LEAD STAFF PERSON
The lead staff person on the project will be Tracy Hein-Silva, Senior Emergency
Planning Coordinator. Tracy has worked for the Contra Costa County Office of
Emergency Services for over seven years. Her responsibilities have included
writing emergency response plans and programs for Contra Costa County and five
of the incorporated cities. Tracy has coordinated numerous drills including one of
the largest functional exercises in Northern California history (over 1,300
participants). Tracy is currently in charge of the Community Notification Project.
This project focuses on the integration of local radio, an emergency phone dialing
system and sirens to warn Contra Costa citizens of an impending or existing
emergency. Tracy will become a member of the Contra Costa Health Services
Department on February 1, 1993.
Contra Costa J!
County
3-OS g L
FG 237 1A
jd6
Exhibit I q
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EXHIBIT II
APPROVED BUDGET
Contra Costa County
FG 2373-OS Exhibit II
BUDGET
TOTAL
DESCRIPTION BUDGET
Personnel Services $ 41,438
Operating Expenses 3,500
Other Operating Expenses 4,200
TOTAL $ 49,138
NOTE: Budget Categories are itemized on the following page.
Contra Costa County 2
FG 2373—OS Exhibit II
BUDGET CONTINUED
ITEMIZED BUDGET CATEGORIES
PERSONNEL SERVICES
Project Director (County) 120 hrs/$25 3,000
Project Manager (Consultant) 400 hrs/$50 20,000
Engineer (Consultant) 60 hrs/$50 3,000
Geologist (Consultant) 100 hrs/$40 4,000
Project Administration (County) 30 hrs/$35 1,050
Clerical (2) 500 hrs/$15 7,500
SUBTOTAL PERSONNEL COSTS 38,550
Benefits (25%) 2.888
TOTAL PERSONNEL SERVICES 41,438
OPERATING EXPENSES
Travel 1,500
Printing and Supplies 2.000
TOTAL OPERATING EXPENSES 3,500
OTHER OPERATING EXPENSES
Overhead (Rent, Utilities) 3,000
Telephone 1,000
Postage 200
TOTAL OTHER OPERATING EXPENSES 4,200
TOTAL BUDGET $ 49,138
osbudget.
EXHIBIT III
OIL SPILL
CONTINGENCY PLAN ELEMENT
GRANT REGULATONS
TITLE 14, CALIFORNIA CODE OF REGULATIONS
SUBDIVISION 4, OFFICE OF OIL SPILL PREVENTION AND RESPONSE
CHAPTER 4. LOANS, CLAIMS AND GRANTS
SUBCHAPTER 2: OIL SPILL CONTINGENCY PLAN GRANT REGULATIONS
SECTIONS 852.60-852.65
February 23, 1993
Article 1. General Provisions and Definitions.
852. 60. 1 SHORT TITLE.
This Chapter shall be known and may be cited as the Local
Government Oil Spill Contingency Plan Element Grant Regulations.
852. 60.2. DEFINITIONS.
The following definitions shall govern the construction of this
chapter.
(a) "Act" means the Lempert-Keene-Seastrand Oil Spill Prevention
and Response .Act of 1990 (Statutes of 1990, Chapter 1248) .
(b) "Administrator" means the administrator for oil spill
response appointed by the Governor.
(c) "Applicant" means any local government which is required to
implement an area plan pursuant to section 25502 (a) (b)
Health and Safety Code, applying for a grant, which has
jurisdiction over or directly adjacent to marine waters.
(d) "Area Plan" for purposes of this chapter is the plan
specified in Section 25503 of the Health and Safety Code
pertaining- to emergency response to a release or threatened
release of a hazardous material within a city or a county
and any additional minimum planning requirements identified
in this Chapter.
(e) "Coast Guard Designated Area" for purposes of this Chapter
means those areas within the geographic boundaries for the
coastal Area Committees to be designated by each Coast Guard
Captain of the Port, as proposed in the Federal Register,
. . Volume 57, No. 11, January 16, 1992. In *order to implement
section 4202 of the Oil Pollution Act of 1990, the
designated Area Committees shall in turn develop area
contingency plans for response to oil spills. .
(f) "Department" means the California Department of Fish and
Game.
(g) "Fiscal Year" means each year commencing on the first day of
July and ending on June 30 of the following year.
i
(h) "Fund" means the Oil Spill Prevention and Administration
Fund established pursuant to Section 8670. 38 of the
Government Code.
(i) "Grant" means an award of funds to a local government which
is based on the evaluation and selection of the applicant's
proposal, completing, updating or revising an Oil Spill
Contingency Plan Element, which is subject to funding
availability in the Fund.
(j) "Grant Agreement" means the written agreement, any
amendment(s) and written change orders thereto, which is/are
signed by the Administrator or his/her designated
representative, and the grant recipient, which defines the
terms, provisions and conditions governing the grant..
(k) "Grant Recipient" means the local government which receives
a grant award from the Department.
(1) "Hazardous Materials" means any material that, because of
its quantity, concentration or physical or chemical
characteristics, poses a significant present or potential
hazard to human .health and safety or to the environment if
released into the workplace or the environment. This
definition. includes, but is not limited to, "oil" as defined
in the Act.
(m) "Local government" means any chartered or general law city
and/or any chartered or general law county..
(n) "Marine Facility" means any facility-of any kind, other than
a vessel, which is or was use for the purposes of exploring
for, drilling for, producing, storing, handling,
transferring, processing, refining, or transporting oil and
is located in marine waters, or is located where a discharge
could impact marine waters. This definition does not apply
if the facility is either (1) is subject to Chapter 6.67
(commencing with Section 25270) or Chapter 6.75 (commencing
with Section 25299.10) of Division 20. of the Health and
Safety Code or (2) is placed on a farm, nursery, logging
site, or construction site and does not exceed 20,00.0
gallons in a single storage tank. A small craft refueling
dock., as defined by these regulations, is not considered a
marine facility. For the purposes of this chapter, a drill
ship, semisubmersible drilling platform, jack-up type -.
drilling rig, or any other floating or temporary drilling
platform is a "marine facility".
(o) "Marine waters" means those waters subject to tidal
influence, except for waters in the Sacramento-San Joaquin
Delta upstream from a line running north and south through
the point where Contra Costa, Sacramento, and Solano
counties meet.
2
(p) "Office of Oil Spill Prevention and Response" (OSPR) means
the California Department of Fish and Game, Office of Oil
Spill Prevention and Response established pursuant to the
Act.
(q) "Oil Spill Contingency Plan Element" means an oil spill
contingency plan element of an area plan specified in
Section 25503 of the Health and Safety Code pertaining to
emergency response to a release or threatened release of. a
hazardous material within a city or a county and any
additional minimum planning requirements identified in this
Chapter.
(r) "Regional Plan" for purposes of prioritization of grant
awards pursuant to this chapter, means a regional oil spill
contingency plan element which encompasses all local .
governments within an entire U.S. Coast Guard Designated
Area as proposed in the Federal Register. In the event that
a Coast Guard Designated Area boundary divides a county,
then the regional plan shall encompass the remaining
county(s) and city(s) , and the county which is divided may
elect to be included in either of the bordering regional
plans for purposes of this chapter. Once the selection is
made, a regional plan proposal will not lose prioritization
for a grant award based on the missing portion of the county
making the election not to be included within that region,
provided it otherwise meets the requirements for a regional
plan.
(s) "Responsible Party" means any of the following:
(1) The owner or transporter of oil.or a person or entity
accepting responsible for the oil.
(2) The owner, operator, or lessee of, or person who
charters by demise, any vessel or marine facility, or a
person or entity accepting responsibility for the vessel or
marine facility.
(t) "Small Craft Refueling Dock" means:
(1) a fixed/nonmobile facility that dispenses only non-
persistent oil, primarily to small craft; and
(2) has tank storage capacity not exceeding 20,000 gallons
in any single tank; and
(3) during the most recent 12 month period, more than 1/2
of the volume of product dispensed was gasoline and
less than 1/2 was diesel.
For purposes of this definition, a small craft means a boat
as described by the Harbors and Navigation Code, Section
651(h) .
3
I '
(u) "State Incident. Commander" is that person designated
pursuant to the State Incident Command System described in
the Interim Marine Oil Spill Contingency Plan that is
responsible for directing the State response to an oil spill
in marine waters.
(v) "State Liaison Officer" is that person designated pursuant
to the State Incident Command System described in the
Interim Marine Oil Spill Contingency Plan that is
responsible .for the coordination of information between the
State Incident Commander and the local government
representative.
852.60.3 OBJECTIVES OF LOCAL GOVERNMENT GRANT PROGRAM.
The objective of the local government grant program is to
encourage. local governments to complete, update or revise an oil
spill contingency plan element and to help provide a coordinated
response and cleanup effort between local governments and State
and Federal officials in order to provide the best achievable
protection of the California Coast.
852. 60.4 DUTIES AND RESPONSIBILITIES.
The Administrator has the lead state authority and responsibility
for overseeing oil spill response and clean up activities in
marine waters, identification of natural resources, protection
priorities -and damage assessment after an oil spill, in
consultation with other state agencies and local governments.
In the event of an oil spill in marine waters, the Department of
Fish and Game shall conduct an initial on-scene assessment of the
spill and review the measures being taken by the responsible
party and determine the appropriate level of response. In the
event that the United States Coast Guard is on the scene first
and has done an assessment, the Department may accept the Coast
Guard's initial assessment and response determination if it is
consistent with the guidelines set forth in the state oil spill
contingency plan. The State shall establish a Unified Command
with the U.S. Coast Guard at a spill in which both the state and
federal forces are involved.
The Unified Incident Command Team shall consist of the State's
Incident Commander, the Federal On Scene Coordinator, the
representative(s) from the local jurisdiction(s) directly
impacted by the spill, and the senior representative of the party
responsible for the spill, if the party is identified and assumes
responsibility. The local representative(s) shall. be designated
within the local oil .spill contingency plan element prepared
pursuant to section 852.62 of .this Article.
4
"Such participation by local governments in the unified command
shall be conditioned on the following:
(a) Completion of a plan that meets the requirements of
Government Code Section 8670.35 and the implementing
regulations.
(b) Participation by local governments in the port. area planing
process of the United States Coast Guard.
(c) Recognition of the Federal On-Scene Coordinator and the
State Incident Commander who have the authority prescribed
by law and the National Contingency Plan to issue orders and
direction to the responsible party.
(d) Upon completion of the process described in subsection 2 of
this section, a memorandum of understanding (MOU) shall be
entered into among the State and all local governments
within a county. The MOU is for the purposes of ensuring a
unified and coordinated effort between State and local
government agencies through appropriate mutual aid in the
event of an incident and the coordinated and informed
representation within the unified incident command. "
Article 2. GRANT APPLICATION PROVISIONS
852. 61. 1. SCOPE AND APPLICABILITY.
. (a) The regulations contained in this Article set forth the
minimum criteria to be developed or identified in a local
oil spill contingency plan element submitted by local
governments responsible for the completion, updating or
revision of an oil spill plan element in order .to apply for
and receive a grant from the Fund.
(b) This Article applies to all eligible applicants.
852.61.2. GRANT APPLICATION PROCESS.
(a) An applicant, shall submit the documents specified in
Section 852.61.6 of this Article in .order to apply for a
grant.
(b) An original and five (5) copies of the documents required. in
Subsection (a) shall be submitted to the Administrator.. ..All
applications and supporting documents submitted prior. ,,to the
applicable deadline, will become the property of the
Administrator. The original documents or one copy, will be
retained for a minimum of four years for all applicants
receiving a grant award.
5
(c) Documents required 'in subsection (b) shall be delivered to
the Department of Fish and Game, Office of Oil Spill
Prevention and Response at the address set forth in the
Grant Application and Administrative Procedure Guide
specified in Section 852 . 61.6 of this Article.
(d) -The documents required in subsection (b) must be received by
the Administrator on or before the close of the application
. period specified in section 852. 61.4 . Grant applications
received after the applicable deadline will be returned to
the applicant unopened.
(e) Submission of the documents required in Subsection (b) shall
be deemed to be an applicant's acceptance .of the terms and
conditions set forth in this Chapter.
852. 61.3 . GRANT APPLICANT ELIGIBILITY.
(a) The Administrator may award a grant to an applicant if the
following eligibility criteria are met:
(1) The applicant is a local government which is required
to implement an area plan pursuant to Section 25502
(a) (b) of the Health and Safety Code, and has
jurisdiction over or is directly adjacent to marine
waters as defined; and
(2; The applicant has elected to complete, update or revise
an oil spill contingency plan element of a hazardous
materials area plan pursuant to-Section 25503 of the
Health and Safety Code, in accordance with this
Chapter.
(b) A county, whose designated jurisdiction excludes an
independently eligible city(s) , is not eligible to obtain
additional funds which the excluded city(s) .may be eligible
to receive, unless it is a county-city joint plan proposal
as specified in section 852.61.8 of this Chapter.
85.2.61.4. GRANT APPLICATION PERIOD.
All grant applications must be post marked no later than the
deadline established by the Administrator. Applicants will be
notified in writing of this date. Application periods for..;;
subsequent fiscal years will be determined by the Administrator,
subject to the. availability of annual appropriations by the:
Legislature to the. Fund for such purposes. :Pa
6
852 . 61.5. GRANT AMOUNT.
(a) No grant to an individual local government may exceed
$50, 000 in fiscal year 1991-92 . Grants awarded to local
governments submitting joint proposals to prepare, update or
revise an area plan(s) , as specified in section 852. 61.8 of
this Chapter, shall be awarded an amount not to exceed
$50, 000 for each local government covered by the proposal.
Grant awards for subsequent fiscal years shall be determined
subject to and in accordance with, annual appropriations by
the California Legislature for such purposes. .
(b) Grant amounts shall be determined by the Administrator,
based on the number of eligible grant recipients selected to
receive an award pursuant to section 852.61.8 and the extent
to which the proposal addresses the minimum planning
requirements set forth in section 852.62.2, .however, no
grant funds shall be authorized for the development of maps
or mapping activities set forth in Section 852. 62.2 (b) (2) or
Section 852.62 (e) .
852. 61.6. CONTENTS OF THE GRANT APPLICATION.
Applicants shall submit to the Administrator a Grant Application
consisting of, but not limited to, each of the following:
(a) A Local Government Grant Application (Application) , form.
#FG-OSPR 1914 (New 2/92) . The Application must be signed by
an authorized official(s) of the Local Government(s) covered
by the proposal. The Application and Administrative
Procedures Guide, dated February 10, 1992, incorporated
herein by reference, may be obtained from the OSPR.
(b). A Project Proposal, which shall include:
(1) A description of the .oil spill contingency plan element
to be completed, updated or revised pursuant to
sections 852.62.1 and 852.62.2 of this article.
(2) An explanation of the proposal's goals or objectives;
(3) A map identifying the geographical area covered by the
proposal;
(4) a description of the procedures and methodology to be
used to complete, update or revise the oil spill
contingency plan element. This may include, but is not
limited. to, a description of the work plan;. need for
consulting services; milestones for completion; levels
of plan review; provisions for ensuring consistency
with the port area plans for Coast Guard Captain of the
Port Areas, the state and national oil spill
7
contingency plans, and local coastal programs pursuant
to section 30500, Public Resource: Code; and target
completion date;
(5) A list of all persons required to implement the
proposal and, by name and title oz- position, and/or
brief job .description.
(c) A Budget Report consisting of a breakdown of costs to be
incurred during the project term. This shall include, but
is not limited to, personnel services, contracted
professional and consultant services, operating expenses
that include publication costs required to implement the
proposal.
(d) A Declaration by the authorized official(s) identified in
subparagraph (a) stating .that the person or entity
submitting the application is authorized to submit the
application on behalf of the local government(s) .
852. 61.7. REVIEW OF GRANT APPLICATION.
(a) The Administrator shall have 30 calendar days from the
applicable deadline in which to review the grant application
and verify that it is complete and includes all necessary
documents and information as set forth in Section 852.61. 6.
(b) If the information contained in the grant application,
including supporting documents, is insufficient, the
Administrator may request additional -information. The
-applicant shall have 10 (ten) calendar days from the date of
the request to submit the resested information to the
Administrator. Failure to submit the additional information
during this time period may result in the disqualification
of applicant. The Administrator may, at his or her
discretion, extend the 10. (ten) calendar day period for good
cause.
(c) The Administrator shall have 20 calendar days following the
initial review period or deadline for submission of
additional information, whichever is applicable, to conduct
a detailed technical review of the proposal to determine
whether it contains the minimum planning requirements set
forth in subsections 852.62.2 (a) , 852.62.2 (b) , and/or
852.62.2 (c) .
852.61.8. EVALUATION AND SELECTION OF GRANT RECIPIENT.
(a) The Administrator may select one or more grant recipients
from those applicants meeting the grant eligibility criteria
set forth in Section 852.61.3, provided the grant .proposals
8
they submitted contain the minimum planning requirements set
forth in sections 852 .62 .2 (a) , (b) , and/or (c) .
(b) The Administrator will apply the following criteria to
determine prioritization of grant awards in the event that
maximum grant awards can not be given to all applicants
during any fiscal year. The total number of points possible
is 150.
(1) Prioritization will be given in decreasing. order from
(A) to (F) , with the highest priority going to (A) ,
Regional Plan Proposals covering one of the Coast Guard
Designated Areas, which are outlined in subsection (D)
below.
(A) Regional Plan Proposals, as defined in section
852.60.2, which include all cities and counties in
a Coast Guard Designated Area for oil spill
response. 80 points.
(B) Regional Plan Proposals which include less than
all cities and counties in a Coast Guard
Designated Area for oil spill response.
70 points.
(C) County-City Joint Proposals which cover at least
one county. and one city for oil spill response.
60 points.
(D) County Plan Proposals which cover one county for
oil spill response. 50 points.
(E) Multi-City Plan Proposals which cover two or more
cities for oil spill response.• 40 points.
(F) City Plan Proposals which cover one city for oil
spill response. 30 points..
(2) Following prioritization in accordance with subsection
(b) (1) , the Administrator may take into account the
following criteria in order to make the selection of
grant recipients:
(A) The length of coast line that would be protected
by the proposal. 20 points.
=1� .. (B) The risk of .oils spills, • based on history of
spills, and/or volume, of oil. .tr.ansported. in ,and
along the coastline covered by the proposal- and/or
number of marine facilities covered by the _
proposal. 50 points. -„
9
(c) Notwithstanding subparagraph .(b) , the Administrator shall
have the discretion to award grants to: grant applicants
which have not previously received a grant award; to grant
applicants submitting grant applications for the purpose of
updating a local government oil spill contingency plan
element, in order to be consistent with any changes in the
National and/or State Contingency Plan(s) ; or to applicants
submitting proposals covering areas of the coast,
determined by the Administrator to be important in order to
provide the best achievable protection for the California
Coast, including, but not limited to sensitive environmental
areas, areas containing unique environmental
characteristics, and/or key areas of economic concern.
(d) For purposes of this Chapter, the proposed geographic
boundaries for the Coast Guard Designated Areas are as
follows:
(1) North Coast - Oregon Border to the Sonoma/Mendocino-
County line.
(2) San Francisco & Delta Region - Sonoma/Mendocino County .
line to the Santa Cruz/San .Mateo County line.
(3) North Central Coast - Santa Cruz/San Mateo County line
to the Santa Maria River.
(4) South Central Coast - Santa Maria River to the Santa
Barbara/Ventura County line.
(5) Los Angeles - Santa Barbara/Ventura County line to the
Los Angeles/Orange County line.
(6) Orange - Los Angeles/Orange County line to the
Orange/San Diego County line.
(7) San Diego - San Diego/Orange County line to the Mexico
Border.
852.61.9. NOTICE OF GRANT AWARD OR DENIAL.
(a) Within 10 (ten) business days following the review period
specified in section 852.61.7, the Administrator shall
"notify each applicant in writing whether' its grant
application was approved for award or, denied.
(b) If. the grant award .is for less than the amount .requested in
-.:'the grant application, the applicant shall ,have five (5)
"..—. ..—business days from the date of notification .of grant award
to submit a revised budget, or to withdraw the application.
The administrator shall have five (5) business days from the
date of receipt of revised budget to approve or deny the
revision.
10
(c) The notice of denial shall include the basis for denial and
the name of a person who may be contacted for further
information.
(d) Request for Reconsideration. The grant recipient shall have
ten (10) calendar days from the date of the notice of denial
to submit a written request for reconsideration of any
decision to deny award. The request must contain the basis
for requesting reconsideration and, if applicable, provides
evidence which- rebuts the basis for the denial. Within ten
(10) calendar days from the date the request for
reconsideration is received, OSPR will advise the grant
recipient, in writing, of the Administrator's decision to
grant or deny the request.
852. 61.10. GRANT AGREEMENT.
(a) The written grant agreement shall contain the State of
California standard agreement and addendums required by the
Department of General Services, the grant proposal, the
budget approved by Administrator, assure compliance with the
terms and conditions specified in Section 852. 61.11, and
contain any other terms or conditions which the
Administrator may deem necessary to carry out the purpose of
this Chapter..
(b) Within 45 calendar days from the date the grant recipient is
notified of the grant award or the date of approval of the
revised budget, whichever is applicable, the Department
shall mail the grant agreement to grantee.
(c) Upon receipt of the grant agreement, the grantee is required
to return a signed original and five (5) copies to the
Department within 60 calendar days along with a copy of the
resolution, order, motion, or ordinance of the affected
local governments' local governing body(s) by law having
authority to enter into the proposed grant agreement,
approving and authorizing execution the grant agreement.
Failure to execute the agreement within this period may
constitute withdrawal of the application.
(d) Modifications to the executed grant agreement may be made
only upon prior written approval by the Administrator or his
or her designated representative. All requests for
modification shall include a detailed description of the
proposed change(s) and the reason(s) for the changes.
852.61.11. TERMS AND CONDITIONS OF A GRANT AGREEMENT.
The grant agreement shall contain the following terms and
conditions:
11
(a) Midterm Report. The grant recipient shall be required to
submit a midterm progress report to the Administrator within
30 days following the midterm of the project. The midterm
of the project shall be based on the completion date
specified in the grant proposal, unless otherwise agreed 'to
by the Administrator. The report shall include, but not be
limited to:
(1) A statement that the oil spill contingency plan element
being completed, updated or revised is or is not on
schedule, and a description of the project tasks or
milestones and the status of each. Pertinent reports
or interim findings shall be appended.
(.2) A discussion of any difficulties or special problems
encountered in accomplishing the project tasks.
(3) A financial report comparing costs to date with the
approved scope of work and the original budget. The
report should state whether the program is progressing
within the approved budget, and an explanation of any
current or anticipated deviations. The report shall
include a Statement of Expenditures showing the
program's expenditures incurred to date.
(4) A report of any changes in personnel assigned to the
development, review or approval of the project.
(b) Compliance. Grant recipients shall comply with all
applicable federal, state and local laws, ordinances,
regulations and permits.
(c) Subcontractors. A list of all subcontractors required to
implement the proposal, including name, address., and a.
description of their work. Applicants must comply with all
applicable State Administrative Manual requirements when
utilizing subcontractors for services required pursuant to
the grant agreement.
(d) Auditing:
(1) All grant recipients shall maintain an accounting
system which utilizes Generally Accepted Accounting
Principles and practices. The Administrator, . the. State
Controller's and the State Auditor General's office,
or their designated representatives, shall have. a right
of reasonable access during normal business hours: to
all of the grant recipient's records pertaining to the
grant.
(2) In addition to accounting records, all source documents
-associated with the accounting records shall be
maintained by the grant recipient in sufficient detail
12
to demonstrate that the funds were used for the purpose
for which the grant program is intended. Source
documents include, but are not limited to, bid
summaries, contracts with the grant recipient, change
orders showing approval by a city or county official,
purchase orders, invoices, paid warrants, time sheets,
labor distribution reports and payroll registers.
(3) The accounting records and source documents shall be
retained for at least four (4) years after the grant is
awarded, or until resolution of all issues which may
arise as a result of any litigation, claim negotiation
or .audit, whichever is later.
(4) If an audit reveals that grant funds have not been
spent in accordance with the grant agreement, the
Administrator shall terminate the grant agreement, and
take such steps as necessary to recover funds not spent
in accordance with the grant agreement. Further, the
grant recipient shall be required to forfeit the
unexpended portion of the grant. Such forfeitures
shall -revert to the Fund.
(e) Grant Termination. The Administrator may terminate any
grant in whole, or in part, at any time before the date of
completion, whenever it is determined by the Administrator,
that the recipient has failed to comply with the terms or
conditions of .the grant agreement. The Administrator shall
notify the recipient in writing of the termination, the
reasons for the termination of the grant, and the effective
date of termination. Termination of. the grant agreement
shall result in forfeiture of any funds withheld pursuant to
section 852.61.12 (b) .
(f) Request for Reconsideration. The grant recipient shall have
ten (10) calendar days from the date of the notice of grant
termination to submit a written request for reconsideration
of any decision to terminate the grant agreement. The
request must contain the basis for requesting .
reconsideration and, if applicable, provides evidence which
rebuts the basis for the grant termination. Within ten (10)
calendar days from the date the request for reconsideration
is received, OSPR will advise the grant recipient, in
writing, of the Administrator's decision' to grant or deny
the request.
(g) Final Report. Upon completion and approval of the oil spill
plan element by the Administrator. in accordance with. the. .;:.
grant agreement, pursuant to section 852.62.3 of this
Chapter the grant recipient shall submit a final report.
The .report shall be submitted within 60 days from the
completion and approval of above stated plan and shall
include, but is not limited to:
13
(1) A Table of Contents.
(2) A brief summary of the objectives of the grant and how
these objectives were accomplished.
(3) Any findings, conclusions, or recommendations for
additional activities which result from the successful
completion of the program for that grant year. A
statement, if applicable, of future public and/or
private support to maintain or further develop the
local contingency plan.
(4) A list of subcontractors who participated, in whole or
in part, in the grant program, including the names,
addresses and a description of their work.
Participating subcontractors must be selected in
accordance with procedures outlined in the grant
agreement.
(5) Final Financial Statement for the Program. This report
shall provide information that enables the
Administrator to determine the final specific use for
all grant funds distributed and may include the final
payment request. It shall also indicate all other
sources of funds utilized by the program.
(6) Three copies of .the completed and approved oil spill
contingency plan element, which was completed, updated,
or revised pursuant to the grant agreement. If
portions of the local governments' area plan prepared
in accordance with section 25503 of the Health and
Safety Code are cross referenced in the oil spill
contingency plan element, the area plan must also. be
submitted as an addendum to the final report.
(h) , A grant recipient shall certify to the Administrator every
three years that it has conducted a complete review of the
oil spill element of the plan and has made necessary
revisions. whenever substantial changes are made to the oil
. . . Spill element, the grant recipient shall forward such
changes to the Administrator within 14 days of making such
changes.
(i) ' Payment of Funds. Payment of grant funds shall be in
Accordance with section 852.61.12 of this Chapter.
852.61.12. PAYMENT OF GRANT FUNDS.
(a) • The grant recipient may submit payment requests made in
arrears consistent with the time frames set forth in the
grant agreement.
14
(b) The OSPR shall retain 10% of the total amount awarded or 10%
of any payment request until after the oil spill contingency
plan element has been approved pursuant to section' 852. 62 .3
of this Chapter, the final report has been submitted, and
the Administrator has determined that the grant recipient
has complied with all terms and conditions of the grant
agreement.
(c) All payment requests, including the final payment request,
shall be submitted to the OSPR within 18 months from the
date the Grant Agreement is executed, unless the
Administrator, at his or her discretion, approves requests
submitted after that period.
(d) The balance of any grant award .which is not encumbered
during the period set forth in the preceding subparagraph
shall be deemed forfeited by the grant recipient. In no
- event, may grant monies be encumbered following three years
from the date of the Grant Agreement.
852. 62. 1. FORMAT AND CONSISTENCY REQUIREMENTS FOR PROPOSED
OIL SPILL CONTINGENCY PLAN ELEMENT.
(a) To the greatest extent possible, the Oil Spill Contingency
Plan Element contents shall be consistent with, incorporate
any applicable contents requirements specified for the
following programs or plans:
(1) Area plans required pursuant to Chapter 6.95 of the
Health and Safety Code commencing at section 25500;
(2) The local government's coastal program as certified
under section 30500 of the Public Resources Code;
(3) Local Emergency Response plans required by the National
Contingency Plan .as revised pursuant to regulations
implementing section 4201(c) of OPA 90.
(b) Each oil spill contingency plan element shall be consistent
with the local government's local coastal program, for all
local government's that have a certified local coast program
pursuant to section 30500 of the Public Resources Code, the
Interim Marine Oil Spill Contingency Plan, the National
Contingency Plan, and the Coast Guard Designated Area Plan,
once developed.
(c) Each oil spill contingency plan element shall meet all
applicable state and .federal. Occupational :.Safety...and. Health
Administration requirements. Additionally, each. oil spill
contingency plan element shall contain or cross reference
-all Office of Emergency Services (OES) requirements for Area
Plans pursuant to Sections 25503 of the Health and Safety
Code.
15
852. 62.2. MINIMUM PLANNING REQUIREMENTS.
(a) The Emergency Notification and Coordination Section
The Emergency Notification and Coordination Section shall
contain. information which is essential for emergency
notification(s) and coordination of incident response to an
oil spill in marine waters within or adjacent to the
jurisdiction of the local government.
(1) Emergency Notification
The purpose of the Emergency Notification provisions
set forth in this section is to provide timely notice
to appropriate agencies and emergency personnel at the
state, federal and local level. Emergency Notification
shall include the following:
(A) Predesignation of the local government's primary
person for response to oil spills on a 24 hour
basis, including title, and telephone number, who
is -charged with the responsibility and authority
to initiate local oil spill response operations.
(B) Current list of telephone numbers and addresses of
the federal, state and local organizations. and
agencies to be notified when an oil discharge is
discovered, which shall include the Office of
Emergency Services. The Office of Emergency
Services is currently required to then notify
public agencies which may be affected by a spill,
including the OSPR.
(B) A current list of local emergency response
personnel, by job classification or title,
including, telephone numbers and addresses of
personnel on call to receive notification of an
oil discharge.
(C) The local emergency response personnel and local
organizations and agencies identified in
subparagraphs (i) and (ii) must include, but are
not limited to; law enforcement, fire fighting
services, medical and public health and safety
services, poison control centers, evacuation
centers, and hospitals.
(D) Predesignation of a iocal .response .coordinator,
-'! and alternate(s) on a 24 hours basis, .including
_= = = title, and telephone number, who is charged with
the responsibility and authority to direct and
coordinate local response operations including:
crowd and traffic control; emergency evacuation;.
16
beach closures; fire suppression; mobilization of
local equipment and personnel. During emergency
response, this person will serve as the local
government representative for the. State Incident
Commander. Communication may be coordinated
through the State Liaison Officer identified in
the State's Incident Command System outlined in
the Interim Marine Oil Spill Contingency Plan.
(2) Coordination of Incident Response
The purpose of the Coordination of Incident Response .
provisions set .forth in this section is to clarify
local governments' role and responsibilities during an
oil spill response.
(A) The following language must be restated in this
section of the local government oil spill
contingency plan element in order to .delineate how
the local government's role will be coordinated in
the State's Incident Command System:
"The Administrator, in consultation with
other state agencies and the local
governments representative on the Unified
Incident Command Team, hasthe lead state
authority and responsibility for overseeing
oil spill response and clean up activities in
marine waters, identification of natural
resources, protection priorities and damage
assessment after an oil spill.
In the event of an oil spill in marine
waters, the Department of Fish and Game shall
conduct an initial on-scene assessment of the
spill and review the measures being taken by
the responsible party and determine the
appropriate level of response.
The State Incident Commander, in consultation
with the local government response
coordinator designated as the representative
on the Unified Incident Command Team, and if
applicable, through joint conference with the
Federal On-Scene Coordinator, shall determine
the nature of the local government support
- needed, and how local government resources
identified. in. the..local .oil. spill.:contingency
plan element may be employed most
effectively. If appropriate, a Unified
Command shall be established. If local
government assistance is needed, the State
Incident Commander, through the Unified
17
Command, or the designated State Liaison
Officer shall coordinate with the local
response coordinator identified in the local
oil spill contingency plan element in order
to obtain such local assistance. "
(B) Provisions for an Incident Command System which
can be incorporated into the State's Incident
Command system upon notification of the local
response coordinator designated as the
representative on the Unified Incident Command
Team. This system shall be consistent with the.
Incident Command .System outlined in the Guidance
Document, prepared by the OSPR, on Incident
Command, and shall contain standardized
organizational structure, terminology, and
procedures which may be used during any release or
threatened release of oil.
(C) Procedures to establish coordinated communications
with federal, state, and other local government
response personnel to include, but not limited to
the following:
1. Provisions for access to a reliable
communications system for timely notification
of an oil discharge, a back up system, and
the capability for interconnection with the
communications systems established under
related oil spill contingency plans,
particularly State and National plans.
(b) The Emergency Planning and. Procedures Section
The purpose of the Emergency Planning and Procedures Section
is to provide information essential for an effective and .
timely emergency response. This shall include pre-emergency
planning, procedures and protocols for emergency rescue
personnel and logistics for emergency response.
(1) Procedures and Protocols for Emergency Rescue Personnel
.......In order to meet the requirements set forth in this
.provision of the Emergency Planning and Procedures
section, procedures and protocols for emergency rescue
personnel may be set forth in this section or
referenced to other portions of the local governments'
• - area plan established pursuant..to. section 25503 Health
and Safety Code for emergency response .to a release or
threatened release of a hazardous material. The
following information shall be included or otherwise
cross referenced:
18
(A) guidelines for approach, recognition, and
evaluation of releases and threatened releases of
oil by oil spill response personnel in the event
that the local agency is the first responder and
the Coast Guard and the OSPR are not on the scene.
(B) applicable guidelines for the use of personal
protective equipment (PPE) and emergency equipment
required pursuant to Title 29 Code of Federal
Regulations Part 1910. 120, and Title 8, California
Code of Regulations, Sections 3203, 3380 - 3410, .
(C) monitoring and decontamination guidelines for oil
spill response personnel and equipment required
pursuant to section 25503 Health and Safety Code.
(2) Logistics for Emergency Response
This section will assist in the identification of
staging areas and local resources which may be used
during an oil spill response: . To the greatest extent
possible, local area maps should be provided, where
applicable, for the following information:
(A) Identification and description of possible
locations for an oil spill response operations
center and .a reliable communications system for
directing the coordinated overall response
operations by the State Incident Commander and, if
applicable, Federal On-Scene Coordinator.
(B) Firefighting .capabilities for oil fires for both
shipboard and on-shore structures, levels of fire
response capability, and willingness .of local
government to respond to oil fires.
(C) Potential staging area sites to be used by the
State Incident Commander and Federal On-Scene
Coordinator or Responsible Party for use in
deployment of response equipment along the
coastline.
(D) Identify a person, by title, or an agency within
the local government to, upon request, coordinate
and obtain lodging accommodations for emergency
response personnel. In addition, provide a
listing (or copies of a listing) of local .
accommodations.
. (E) Identification and inventory of available
emergency response supplies and equipment, under
the control of the local government, which may
potentially be used during an oil spill response
19
to protect or contribute to the protection of
resources. The list should include oil-spill
specific equipment, such as booms and skimmers, as
well as land-moving equipment,, such as bulldozers
and cranes. In addition, identify the contact
agency(s) , title of person(s) with authority to
deploy such equipment, their telephone numbers,
and location where the equipment and supplies are
stored.
(F) Identification and information on all local
airports, or the nearest airport, which may be
used for incoming response personnel and/or during
response operations. This information should
include sufficient details in order to determine
the possible role of the airport during an
emergency response.
(G) Identification of potential temporary hazardous
waste storage sites, that may be used for
. temporary storage of oily wastes retrieved
following a marine oil spill and procedures for
securing necessary permits or variances from
appropriate State Agency(s) , including title of
responsible person at each agency, and a 24-hour
telephone number.
(H) Identification and description of the private or
public property and roads to which access would be
required in the event of a spill, for the areas
where a spill is most likely to occur or have an
impact on the shoreline. Additionally, this
information should identify a mechanism by which
the local government can gain access to ownership
information for such properties and a contact
phone number on a 24-hour basis.
.(I) Identification of local facilities, marine
facilities, and marinas including location,
capacity, and hours of operation which .may be
significantly impacted during an oil spill. For
purposes of this subsection "facility" means any
public or private utility or plant that requires
water intake from or discharge.'systems into marine
waters, and if disrupted would significantly
impact the public health and safety. This would
include, but is not limited to, water treatment
plants, power plants,• and desalination plants.
Additionally, this information should contain the
name, title and telephone number of a local
- contact person, and/or person(s) who own, hold an
ownership interest in, or operate the local
facility, marine facility, or marina, whichever is
20
applicable.
(J) Identification of control structures in areas
which are tidally influenced, including river
mouths, creeks, bays, and wetlands, which may be
used to ameliorate or modify tidal flows in order
to minimize damages resulting from an oil spill.
(K) Identification of all locally significant areas,
including river mouths, bays, recreational boating
use areas, shipping lanes and harbor entrances,
which may require closure or other emergency
measures in the event of an oil spill.
(L) Identification of local government representations
having information concerning local volunteer
response groups, animal rescue/recovery groups,
local media contacts or public information
(3) Pre-Emergency Planning
The pre-emergency planning portion of the Emergency
Planning and Procedures section shall contain
information and provision for pre-emergency planning of
local emergency response with state and federal
responding agencies, particularly the state Office of
Oil Spill Prevention and Response, and coordination of
pre-emergency planning for response among contiguous
jurisdictions.
In order to meet the requirements set forth in this
provision of the Emergency Planning and Procedures
section, pre-emergency planning information may be set
forth in this section or cross referenced to other
portions of the oil spill .contingency plan element or
the local governments' area plan established pursuant
to section 25503 Health and Safety Code for emergency
response to a release or threatened release of a
hazardous material. The following information shall
for purposes of pre-emergency planning be included or
otherwise cross referenced in this section:
(A) Provisions for establishing an Incident Command
System, which can be incorporated into the State's
Incident Command system, providing standardized
organizational structure, terminology, and
procedures for use during any release or
threatened release of oil. . Identification of all
persons/entities by title and telephone number who
shall be predesignated to participate in the
Incident Command System. This system shall be
consistent with the Incident Command System
outlined in the Interim Marine Oil Spill
21
Contingency Plan.
(B) Provisions for establishing a definition of
authorities, responsibilities and duties of all
persons, or entities that are identified in the
Incident Command System established pursuant to
the proceeding subparagraph. The authorities,
responsibilities and duties of each person/entity
shall be consistent with the State's Incident
Command system. Additionally, identify person(s)
by title and telephone number, with authority to
commit resources during an oil spill response, if
such person(s) differ from those person(s)
predesignated to participate in the Incident
Command System.
(C) Provision for predesignation of a properly
qualified local response coordinator who is
charged with the responsibility and delegated
commensurate authority for directing and .
coordinating the local response operations. The
coordinator shall also serve as the local
government representative for the State Liaison
Officer identified in .the State's Incident Command
System.
(D) Provisions for when the grant recipient wants to
initiate local notification procedures and be
integrated into the State Incident Command System,
through the State Liaison Officer. Such criteria
may include, but not be limited to, such things as
spill volume, location of spill and/or potential
resources affected. Currently the Office of
Emergency Services is required to notify public
agencies which may be affected by a spill.
(E) Provisions for pre-emergency planning and
coordination among emergency responders within the
jurisdiction of a city, county or local agency.
Pre-emergency planning shall :include coordination
of emergency response and emergency assistance
between contiguous jurisdictions, and/or other
jurisdictions within the same Coast Guard
Designated Area.
(F) Procedures to assure that full oil spill response
resource capability, under the control of the
- grant recipient, is known and can be committed
=i during an oil spill response upon the request of
the State Incident Commander. Such resources
shall include, the supplies and equipment
identified in section 852.62.2 (b) 2(E) .
22
(4) Training Requirements
(A) At a minimum, the Oil. Spill Plan Element shall
establish provisions to ensure training of fire,
police and other emergency response personnel in
oil spill response and cleanup equipment use and
operations that is currently available to the
local government.
(B) Provisions for documenting personnel training
described in subsection (a) of this section; and
(C) Additionally, the Training Requirement portion of
the Emergency Response Planning & Procedures
Section shall either contain, or incorporate by
reference, all other applicable State or Federal
training requirements required by the following:
1. Area plans required pursuant to Chapter 6.95
of the Health and Safety Code;
2. The National Contingency Plan as revised
pursuant to regulations implementing section
4201(c) of the Oil Pollution Act of 1990.
3. The State Contingency Plan as revised
pursuant to Government Code Section 8574.7.
4. Federal Worker Safety Standards contained
Title 29, Code of Federal Regulations Part
1910.120 in and the analogous state
provisions contained in Title 8, California
Code of Regulations, sections 3203, 3889 -
3410.
S. Minimum training provisions for local
governments that handle hazardous materials,
contained in Chapter 6.95 of the Health and
Safety Code commencing at section 25500, and
Title 19 California Code of Regulations,
section 2720 et. seq.
(5) Drills
The Emergency Planning & Procedures Section shall
indicate whether the grant recipient wants to
-
-- participate in oil spill contingency plan drills and
include provisions for. coordinating drill participation
with the State.
(6) . Incident Critique and Follow-up
The Emergency Planning & Procedures Section shall
23
describe provisions for the critique and follow-up of
major incidents of a release or threatened release of
oil into the marine waters of the state. The critique
shall include an interagency meeting to evaluate the
response, to improve future response, and to determine
if any oil spill contingency plan element revisions are
required.
(c) The Local Resource Information Section.
The Local Resource Information Section of the Oil Spill
Contingency Plan Element shall include local area
information that could be used by the State in order to
facilitate the response to an oil spill. Only readily
available information which the local government currently
possess should be included. Mapping of information may be
completed to the extent feasible and, where possible, should
be prepared on U.S.G.S. "7.5 minute series topographic maps
(7.5 minute .quads) ; however, grant funds may not be utilized
for this purpose. This section may include, but is not
limited to, the following information:
(1) Identification of Natural Resources and Local
Conditions.
(A) A description of the important natural resources,
or those which the grant recipient considers
significant, which may be potentially impacted by
marine oil spills that are within or adjacent to
the jurisdiction of the local government, and is
consistent with -Interim Marine Oil Spill
Contingency Plan and the local coastal programs
pursuant to section 30500 Public Resources Code.
This description should include available
information that the local government currently
possesses and may include narratives, or a listing
of information sources on any known
environmentally sensitive areas within local
government jurisdiction. The State Office of Oil
Spill Prevention and Response (OSPR) is
principally responsible for gathering this
information and prioritizing natural resources.
OSPR is particularly interested in gathering
information pertaining to species habitat and
distribution, spawning or nursery areas, migration
_ corridors, breeding grounds and/or feeding
grounds. Accordingly, grant funds may not be
- -- expended to research, collect and. prioritize this
information.
(B.) Based on information that the grant recipient
currently possesses, identification of structures
located in marine waters including, piers
24
breakwater, submerged obstacles, pipelines and
platforms.
(C) Based on information that the grant recipient
currently possesses, identification of those areas
where, from the perspective of the grant
recipient, oil spills are most likely to occur and
any important natural or economic resources which
may be impacted in .the event of a spill.
(2) Identification of Facilities and local Areas of Major
Concern to the Local Government.
This subsection shall contain information on
facilities, areas of commercial interest and public and
private recreational areas which could be impacted by a
marine oil spill and are of major concern to the local
government. For purposes of this subsection "facility"
means any public or private utility or plant that
requires water intake from or discharge systems into
marine waters, and if disrupted would significantly
impact the public health and safety. This would
include, but is not limited to, water treatment plants,
power plants, and desalination plants. The listing or
identification of facilities should include the
location of the facility, location of water intakes and
discharges that may need to be protected during an oil
spill. Additionally, this subsection may include:
(A) A prioritization of those facilities, areas of
commercial interest, and public and private
recreational areas within the jurisdiction of the
local governments, that are of major concern
during an oil spill. This includes the following;
1. A prioritization of those facilities that may.
be impacted by an oil spill which, if
impacted, pose a potential threat to the
public health and safety.
2. A prioritization of areas of economic or
commercial interest, and public/private
recreational interest, including but not
limited to mariculture, commercial fisheries,
commercials ports, recreational areas and
tourist areas.
852.62.3. SUBMITTAL AND APPROVAL OF .LOCAL OIL SPILL
CONTINGENCY PLAN ELEMENTS.
(a) The Oil Spill Contingency Plan Element completed, updated,
or revised pursuant to the grant agreement, must be
25
submitted within 180 days after the execution- of the grant
agreement, or upon a schedule agreed to by the
Administrator. Each submittal shall be -made with and
original and at least two copies. Extensions for submittal
may be granted at the discretion of the Administrator.
(b) An element shall be approved if it adequately addresses the
minimum planning requirements specified. in section 852.62.2
of these regulations, or addresses all of the minimum
planning requirements required to be addressed pursuant to
the grant agreement. The Administrator shall have 90 days,
from the date of submission, in which to review the element
and make an approval determination.
(c) If upon review, the element is not approved, the plan shall
be returned to the grant recipient that prepared it,
specifying the basis for disapproval and identifying the
items which must be addressed before the element may be
approved. The grant recipient shall have 90 days within
which to resubmit the plan, and address all concerns.
Failure to do so will result in disapproval of the project.
Upon disapproval, the funds withheld pursuant to section .
852.61.12 (b) shall be forfeited. Such forfeitures shall
revert to the fund.
(d) Upon approval of the element, the grant recipient shall
submit a final report pursuant to section 852.61.11(f) .
26
EXHIBIT IV
NONDISCRIMINATION CLAUSE
(OCP-1)
STATE of CALIFORNIA
IM
NONDISCRIMINATION CLAUSE
(OCP - 1)
1. During the performance of this contract,contractor and Its subcontractors shall not
unlawfully discriminate against any employee or applicant for employment because
of race, religion, color, national origin,• ancestry, physical handicap, medical
condition, marital status,age(over 40)or sex. Contractors and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for
employment are free of such discrimination, Contractors and subcontractors shall
comply with the provisions of the Fair Employment and Housing Act(Government
Code, Section 12900 et seg.) and the applicable regulations prcmulgated
thereunder (California Administrative Code, Title 2, Section 7285.0 at seg.). The
applicable regulations of the Fair Employment and 64ousing Commission
implementing Government Code,Section 12990,setforth in Chapter 5 of Division 4
of Title 2 of the California Administrative Code are incorporated Into this contract by
reference and made a part hereof as If set forth in full, Contractor 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.
2.This contractor shall Include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the contract.
• 1
1
TATE'01 CALIFORNIA'
STATEMENT OF COMPLIANCE
STD. t9 (Rev. 3.87)
1
EIHIBIT III
COMPANY NAME
28 - 539
' The company named above (hereinafter referred to as 'prospective contractor") hereby certifies, unless
specifically exempted, compliance with Government Code Section 12990 and California _administrative Code,
Title -�, Division I, Chapter .5 in matters relating to the development, implementation and maintenance of a
nondiscrimination program. Prospective contractor agrees not to unlawfully discriminate against any employee
or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap,
medical condition (cancer related), marital status, sex or age ";over forty).
CERTIFICATION
I
1. the official named below, hereby swear that I am duly authorized to legally bind the prospective contractor to
the above described certification. I am fully aware that this certification, executed on the date and in the countv
below, is made under penalty of perjury under the laws of the State of California.
NAME OF OFFICIAL
DATE EXECUTED i EXECUTED IN THE COUNTY OF
OSPECTIVE CONZAAEM-9R S1
_
(PAOSPECTIVE CONTRACTOR TM_-
PROSPECTIVE CONTRACTOR FEDERAL EMPLOYER I.D. NUMBER
40
37 A3877
OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
--7:.21)NEW 11.90)
EXHIBIT IV
=MPA)VIORGANIZAnON NAME 28 - 539
The contractor or grant recipient named above hereby certifies compliance with Government Code
Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or
grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, di,-tribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations, as required by Government Code Section 8355(a).
Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to
inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person's or organization's policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitation and employee assistance programs, and
(d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the
proposed contract or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b). Will agree to abide by the terms of the company's statement as a condition of employment on
the contract or grant.
CERTIFICATION
1, the official named below, hereby swear that I am duly authorized legally to bind the contractor or
grant recipient to the above described cerrification.1 am fully aware that this certification, executed on
the date and in the county below, is made under penalty of perjury under the laws of the State of
California.
-F-CIACS NAME.
:A—.=EXECUTED EXECUTED IN THE COUNTY OF
0"of GR