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HomeMy WebLinkAboutAGMT - Global Diving and Salvage Inc (Oil Spill Response Equipment & Familiarization Training) di GLOBAL a moran company June 3, 2024 Proposal Provide Oil Spill Response Equipment & Familiarization Training Request From: City of Seal Beach Police Department 911 Seal Beach Blvd Seal Beach, CA 90740 RFP Contact: Brian Gray Police Sergeant/Emergency Services Coordinator Office: (562)799-4100 Ext. 1658 BGray( sealbeachca.gov Submitted By: Global Diving&Salvage,Inc. 1280 Terminal Street W.Sacramento, CA 95691 (707)561-6810 • Global Contact: Fred Foster Kathy Kaae CA Business Manager Admin Manager (707)561-6810 (707)561-6810 Global Diving&Salvage, Inc.(GLOBAL),hereinafter known as VENDOR,in response to the City of Seal Beach Police Department,hereinafter known as CUSTOMER, Request for Proposal for OIL SPILL RESPONSE EQUIPMENT AND FAMILIARIZATION TRAINING, agrees to deliver to customer the products and services set forth in this proposal and attached pages not later than 160 DAYS from notice to proceed,at a cost not to exceed$40,000.00. The VENDOR understands that the source of funding for this project is through a grant from the State of California, Department Fish and Wildlife and agrees that this Agreement is valid and enforceable only if sufficient funds are made available to customer. Signature: Name&Title: Fred Foster,California Business Manager Northern Cantor's%• 1280 Terminal Street • West Sacramento.CA 95691 • www.gdNin=.coin . 707.561.6810 Ouk• • 707.561.6811 F.,. MARINE CONSTRUCTON I COMMERCIAL DIVING I MARINE CASUALTY RESPONSE I ENVIRONMENTAL SERVICES Global Diving&Salvage, Inc. City of Seal Beach Police Department Proposal Oil Spill Response Equipment/Familiarization Training Section 1 Global Diving&Salvage, Inc.was established in Seattle, WA in November of 1978. Global remains to this day a privately held corporation with over 300 employees working throughout the United States and internationally.Global maintains its headquarters in Seattle,WA,with regional offices in Anchorage,AK,Juneau,AK,West Sacramento,CA,and Long Beach,CA. We are a diverse corporation with a unique and interesting history, much of which can be found on our website at www.ediving.com. Aside from the services of commercial diving and marine salvage,which our name indicates that we provide, Global also has a very robust environmental division and product sales group. In early 2005,Global was contracted by the Washington State Department of Ecology to build a basic oil spill response trailer with 1000' of oil containment boom, some sorbents, PPE, and basic tools.The trailer was the first "Grant Trailer" on the west coast of the U.S.and was staged at the Gig Harbor Marina as a pilot program to see if the concept warranted further funding. On August 31, 2005 a massive fire erupted in the marina at Gig Harbor causing 47 boats to sink, releasing a great deal of fuel and other pollutants.The Gig Harbor Fire Department,armed with their new Grant Trailer deployed their 1000'of boom as first responders and prevented the spread of contaminants. The pilot program was a success, so the Washington State Department of Ecology put forth an RFP to build 67 oil spill response trailers to be staged around the state at appropriate grantee's locations.Global was the successful bidder and went on to build and deliver all 67 trailers. Each trailer included an 8 hour day of training. The State of California Office of Spill Prevention and Response looked at the Washington State grant program and came out with a similar program in 2009.Again, Global successfully bid on the construction of 29 spill response trailers. Since the initial delivery and training of those 29 grantees, Global has built an additional 35 trailers as annual grants have been issued. In all, Global has built 142 oil spill response trailers through the two grant programs. With an average of 8 people attending each training,we estimate that we have provided training to nearly 1000 agency employees over the last decade.There is no other organization that has the experience or knowledge necessary to complete this project for the City of Seal Beach Police Department. References: Washington State Department of Ecology California Office of Spill Prevention and Response Mr. David Byers Ms. Cindy Murphy (360)407-6974 (916)324-6250 dbve461Pecy.wa.gov cindy.murphyc wildlife.ca.Rov Section 2 Global Diving&Salvage attests to the fact that we have read the RFP for Oil Spill Response Equipment in its entirety. As such, Global understands the risk of spills and the potentially devastating impact of such an event could cause in the Customer area of responsibility.While this trailer and its equipage will not be the end• all solution to such an event, it will offer a source of initial response whilst additional resources are deployed to the scene from out of the area. Global also understands the terrain within the area of responsibility is very difficult,and in some cases impossible,to traverse on foot. Global will meet the requirements of this RFP by designing a trailer that meets the specifications outlined in the RFP. All equipage to be included in the trailer will also meet the specifications in the RFP. Upon successful award of the contract,Global will work with customer to design the layout of equipage within the trailer to ensure that the end Wage Global Diving&Salvage,Inc. City of Seal Beach Police Department Proposal Oil Spill Response Equipment/Familiarization Training product is user friendly, accessible, and functional. Developing an end product that will satisfy the user is our goal.This goal will be met through communication with the customer throughout the design-build process. Section 3 Global will not outsource or subcontract any other companies in the design, build,delivery or training associated with the trailer. Global will purchase materials from reputable vendors.The pricing contained in this proposal is inclusive of all taxes, levies,freight, delivery fees, handling charges, etc. Section 4 Global understands that neither this proposal nor the RFP is of any force or effect until signed by both parties. No work will commence until approval has been obtained. Section 5 The following pricing is based on the specifications of the RFP for 1 Cargo style trailer,customized to house 1000' of oil containment boom,and the equipage shown in Section 6 below. Global will be responsible for delivering the trailer to the Customer. ITEM QTY TOTAL Cargo Traler 7' x 16' 1 $15,525.00 Oil Response Boom -4" x 6" x 50' Sections (1000') 1 $11,205.72 Section 6 The following is a list of items based on Global's extensive experience in both oil spill response and response trailer customization.Global is offering the following inventory and associated pricing. ITEM QTY Trailer Equipment Decals 3 $460.00 Wheel Tire Covers 4 $28.75 Wheel Chock 1 $57.50 2-5/16" Ball Hitch 1 $34.50 Padlock 1 $23.00 Spare Tire 1 $258.75 Anchoring Equipment Danforth Anchors, 25# 4 $690.00 3IPage Global Diving&Salvage, Inc. City of Seal Beach Police Department Proposal Oil Spill Response Equipment/Familiarization Training A2 Polyform Buoys 4 $345.00 Waterproof Solar Activated Boom Lights 6 $517.50 3/8" Spool Yellow Poly Line - 600' 1 $80.50 Chain & shackles 4 $506.00 Boom Tool Box w/tools Tool box 1 $34.50 Reinforced Caution Tape 1 $11.50 Floating Flashlight 1 $17.25 Wrenches 2 $18.40 Pliers 1 $8.63 Hammer 1 $8.63 Clamps 2 $17.25 Wire/Bolt Cutters 1 $8.63 Screwdrivers(flat & philip) 2 $11.50 Shackles 3/8" SPA Galvanized 4 $23.00 Shackles 1/2" SPA Galvanized 4 $23.00 Utility Blade/Knife 1 $8.63 Hacksaw 1 $8.63 Measuring Tape 1 $8.63 Trailer Supplies Wire/Orange (barrier fence) 1 $46.00 Stakes (T-Posts) 10 $86.25 T-Post Pounder 1 $86.25 Square Point Shovel 2 $39.10 Sand Bags 30 $23.00 PPE Gear Storage Bag 4 $149.50 Hard Hat 4 $51.75 Boots 4 $345.00 Nitrile Glove Liners (L &XL) 2 $51.75 Rubber Work Gloves 4 $28.75 Leather Work Gloves 4 $51.75 Safety Glasses Clear 8 $51.75 Ear Plugs/packs of 6 4 $8.63 4IPage Global Diving&Salvage,Inc. City of Seal Beach Police Department Proposal Oil Spill Response Equipment/Familiarization Training Tychem Coveralls XL 4 $63.25 Tychem Coveralls XXL 4 $63.25 Duct Tape 8 $52.90 DECON Equipment Plastic Decon Bins 2 $89.53 Degreaser/Detergent 1 $13.69 Scrub Brushes 2 $14.95 Waste Bags (100Ct) 1 $83.27 Visqueen 1 $109.55 Tarps 2 $37.34 Bucket-5 Gal. 1 $6.90 Gloves- Blue/white 1 $14.95 Duct Tape 2 $13.06 Spill Absorbent Material Sorbent Pads (1 bag w/100) 2 bags $167.90 Sweep (100') 2 bags $250.70 Boom (1 bag w/4 sections of 5" x 10') 2 nags $250.70 Snare (Pom-pom) (2 bags, 30/bag) 2 bags $354.20 Miscellaneous Equipment First Aid Kit 1 $78.20 Eye Wash Station 1 $55.71 Fire Extinguishers 2 $166.75 Safety Signs 1 $5.75 MSDS Book(SDS) 1 $11.50 SDS Protector Sheets 1 $11.50 TOTAL $6,144.67 Section 7 Global will provide an 8-hour training for up to 10 persons. The training will be broken into two sections;classroom and field training. The Customer will need to provide a facility where the classroom training can be held. Global will provide training materials and a projector/screen (will use location screen, if available). The morning classroom 5Ip ; . Global Diving&Salvage, Inc. City of Seal Beach Police Department Proposal Oil Spill Response Equipment/Familiarization Training session will consist of oil spill response fundamentals, regulatory information, oil containment boom strategies, familiarization with types of oil containment boom and spill response materials,anchoring techniques, PPE, safety considerations,and other topics germane to the customer's area of operating responsibility. After the morning training session,the class will break for lunch. After lunch,the class will take the new oil spill response trailer to a pre-determined location of potential threat to conduct hands-on oil spill response training. The hands-on portion of the training will include an overview of the trailer and its equipage, actual deployment of containment boom and demobilization of equipment from the waters. The Customer will be responsible for providing a vessel for on-water boom deployment exercises. Closing The one-time, non-recurring pricing proposal for the trailer,equipage, delivery and training are outlined below: ITEM QTY TOTAL Cargo Traler 7' x 16' 1 $15,525.00 Oil Response Boom -4" x 6" x 50' Sections (1000') 1 $11,205.72 Equipage 1 $6,144.67 Materials for Outfitting Trailer(shelves & lumber) 1 $718.75 Buildout, Deliver&Training 1 $5,553.26 Sales Tax(Boom only) 1 $852.61 TOTAL $40,000.00 (Space Intentionally Left Blank for Formatting Purposes) Wage . Global Diving&Salvage,Inc. City of Seal Beach Police Department Proposal Oil Spill Response Equipment/Familiarization Training IN WITNESS WHEREOF,the parties hereto have caused the Agreement to provide Oil Spill Response Equipment and Familiarization Training,consisting of 7 pages,to be duly executed as of the dates set forth below their respective signatures. AUTHORIZED AGENT FOR VENDOR: Global Diving&Salvage,Inc. By: Signature: • emsr/; Printed Name: Fred Foster Title: California Business Manager Date:3 June 2024 City of Seal Beach Police Department By: Signature: 6761-2*-1 /Z1 Printed Name: gP(, J 6-)2ALf Title: i Ut 1 Gf; < � Date: (2 7IPage • CITY OF SEAL BEACH ADDENDUM ADDENDUM TO PURCHASE ORDER AGREEMENT FOR OIL SPILL RESPONSE EQUIPMENT PURCHASE AND FAMILIARIZATION TRAINING This Addendum ("Addendum') dated June 3. 2024 amends that certain Purchase Order Agreement made and effective on June 3, 2024 ("Agreement") by and between Global Diving & Salvage, Inc. ("Vendor" or "Global"), a Washington corporation, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). The Parties agree that the following provisions are added as Sections 8 through 15 of the Agreement and incorporated therein by this reference. In the event of any conflict or material discrepancy between the terms of this Addendum and the terms of the Agreement or any Attachment thereto, the terms of this Addendum shall control and take precedence. Section 8. Insurance 8 1 General Requirements. Vendor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Vendor has secured all insurance required under this Section 8.2. Minimum Scope and Limits of Insurance. Vendor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows. 8.2.1 . Commercial General Liability Insurance: Vendor shall maintain limits no less than $2,000,000 per occurrence for bodily injury. personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability Coverage (occurrence form CG 0001). If Vendor is a limited liability company. the commercial general liability coverage shall be amended so that Vendor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 8.2.2. Automobile Liability Insurance Vendor shall maintain limits no less than $1 .000.000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001 . code 1 (any auto) 8.2.3. Workers' Compensation Insurance/Employer's Liability Insurance: Vendor shall provide workers' compensation insurance in the amount required by 2 of 10 law; and Employer's Liability Insurance: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease. 8.2.4. Professional Liability (or Errors and Omissions) Liability Insurance: Vendor shall maintain professional liability (or errors and omissions liability) that covers the Services to be performed in connection with this Agreement appropriate to its profession, in a form and with insurance companies acceptable to the City, and with limits not less than $1,000,000 per claim/aggregate. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of Vendor. "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The retroactive date (if any) of such policy is to be no later than the effective date of this Agreement. If a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 8.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 8.4. Additional Insured. 8.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Vendor, including materials, parts or equipment furnished in connection with such work. 8.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Vendor or for which the Vendor is responsible. 8.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 8.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Vendor shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt requested, has been given to City; (ii) any failure to comply with reporting or other provisions of 3 of 10 the policies, including breaches of warranties. shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, volunteers. and those City agents serving as independent contractors in the role of City officials. 8.6 Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees. agents. volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Vendor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials. officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Vendor's insurance and shall not be called upon to contribute with it. 8.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers. employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials. 8.8. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall be declared to and approved by City. Vendor guarantees that, at the option of City. either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers. employees. agents. volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Vendor shall procure a bond guaranteeing payment of losses and related investigation costs. claims and administrative and defense expenses. 8.9. Waiver of Subrogation Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers. employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Vendor hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 8.10. Enforcement of Agreement Provisions (Non-Estoppell. Vendor acknowledges and agrees that any actual or alleged failure on City's part to inform Vendor of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 8 11. City Remedy for Noncompliance If Vendor does not maintain the policies of insurance required under this Section in full force and effect during the term of this Agreement. or in the event any of Vendor's policies do not comply with the requirements under this Section, City may either immediately terminate this 4 of 10 Agreement or, if insurance is available at a reasonable cost, City may. but has no duty to. take out the necessary insurance and pay. at Vendor's expense. the premium thereon. Vendor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Vendor. 8.12. Evidence of Insurance. Prior to the delivery of any Products or performance of Services under this Agreement. Vendor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Vendor may provide complete. certified copies of all required insurance policies to City. Vendor shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time Vendor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Vendor shall furnish such proof at least two weeks prior to the expiration of the coverages. 8.13. Indemnity Requirements Not Limiting. Procurement of insurance by Vendor shall not be construed as a limitation of Vendor's liability or as full performance of Vendor's duties under any provision of this Agreement 8.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Vendor under this Agreement. Vendor shall also procure and maintain, at its own cost and expense. any additional kinds of insurance, which in its own judgment may be necessary for its proper protection. delivery of the Products and prosecution of the Services. If Vendor maintains broader coverage and/or higher limits than the minimums required above. City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Vendor. 8.15. Timely Notice of Claims. Vendor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Vendor's performance under this Agreement. and that involve or may involve coverage under any of the required insurance policies. 8.16. Subcontractor Insurance Requirements/Pass-Throuqh Clause. Vendor shall require each of its vendors or other subcontractors that provide any products or perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section. Vendor shall monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. 5 of 10 • Vendor shall submit all agreements with its vendors and other subcontractors engaged in delivery of the Products or performance of the Services upon City's request. Section 9. Labor Certification By its signature hereunder. Vendor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code. and agrees to comply with such provisions before commencing delivery of the Products or the performance of the Services. Section 10. Prevailing Wages To the extent that this Agreement calls for services that. in whole or in part. constitute "public works" as defined in Division 2. Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"), Vendor shall comply with and be bound by all the terms. rules and regulations described in Chapter 1 and any regulations implementing such laws. To the extent that prevailing wage laws apply, the prevailing wage rates applicable in Orange County are available from the Director of the Department of Industrial Relations for each craft. classification, or type of worker needed to execute this Agreement. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/ Section 11. Indemnification, Hold Harmless, and Duty to Defend 11 .1. Indemnities. 11 .1.1 . To the fullest extent permitted by law, Vendor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials. officers, attorneys. agents. employees. volunteers, successors. assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 11), from and against any and all damages. costs, expenses. liabilities, claims. demands. causes of action. proceedings, judgments. penalties. bid protests, stop notices, liens and losses of any nature whatsoever. including but not limited to fees of accountants. attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"). in law or equity. whether actual, alleged or threatened. to property or persons. including but not limited to. bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors. omissions, active or passive negligence or willful misconduct of Vendor, its officers. agents, servants, employees, contractors, subcontractors, materialmen, or suppliers, or their officers, agents. servants or employees (or any entity or individual for whom 6 of 10 Vendor shall bear legal liability) in the provision of the Products and performance of the Services and/or this Agreement. except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Vendor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense Vendor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith 11.1.2. For liabilities arising out of "design professional services", and in accordance with Civil Code § 2782.8(a). in no event shall the cost to defend the Indemnitees that is charged to Vendor. exceed Vendor's proportionate percentage of fault. 11 .1.3. Vendor shall perform all Services and provide all Products in a manner to minimize public inconvenience and possible hazard. to restore other work areas to their original condition and former usefulness as soon as possible. and to protect public and private property Vendor shall perform work as specified in the Agreement to limit impacts to traffic during the installation period. Vendor shall be liable for any private or public property damaged during the performance of the Agreement. 11.2. Subcontractor Indemnification. Vendor shall obtain executed indemnity agreements with provisions identical to those in this Section 11 and all other provisions of this Agreement from each and every subcontractor, contractor, or any other person or entity involved by. for, with or on behalf of Vendor in the performance of this Agreement. If Vendor fails to obtain such indemnities, Vendor shall be fully responsible and indemnify. hold harmless and defend the Indemnitees from and against any and all Claims in law or equity. whether actual, alleged or threatened. arising out of, are claimed to arise out of, pertaining to, or relating to. the breach of this Agreement, any acts. errors. omissions. negligence or willful misconduct of Vendor's subcontractor, its officers, agents, servants, employees, materialmen, contractors. and/or subcontractors, or their officers. agents, servants or employees (or any entity or individual for whom Vendor's subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties 11.3. Workers' Compensation Acts Not Limiting. Vendor's indemnification obligations under this Section, or any other provision of this Agreement. shall not be limited by the provisions of any workers' compensation act or similar act. Vendor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents. employees. 7 of 10 volunteers and those City agents serving as independent contractors in the role of City officials. 11 .4. Insurance Requirements Not Limiting City does not. and shall not. waive any rights that it may possess against Vendor because of the acceptance by City. or the deposit with City. of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims asserted against City or any of the other Indemnitees. 11 .5. Survival of Terms. Vendor's covenants and obligations under this Section 11 shall survive the expiration or termination of this Agreement Section 12. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County. California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). Section 13. Prohibited Interests; Conflict of Interest 13.1. Vendor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Products or Services, or which would conflict in any manner with the delivery of the Products or performance of the Services. Vendor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore. Vendor shall avoid the appearance of having any interest, which would conflict in any manner with the provision or delivery of the Products or performance of the Services. Vendor shall not accept any employment or representation during the term of this Agreement which is or may likely make Vendor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Vendor has been retained. 13.2. Vendor further warrants and maintains that it has not employed or retained any person or entity. other than a bona fide employee working exclusively for Vendor. to solicit or obtain this Agreement. Nor has Vendor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Vendor. any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty. City shall have the right. at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums 8 of 10 payable to Vendor hereunder the full amount or value of any such fee, commission, percentage or gift. 13.3. Vendor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non-contractual, financial, proprietary, or otherwise, in this transaction or in the business of Vendor, and that if any such interest comes to the knowledge of Vendor at any time during the term of this Agreement. Vendor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. Section 14. Fiscal Limitations 14.1 . Non-Appropriation of Funds. Payments to be made to Vendor by City for any Products furnished or Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of the Products or Services beyond the current fiscal year. this Agreement shall cover payment for the Products and Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 14.2. Grant Funding. City's payment for the Products and Services furnished by Vendor to City pursuant to this Agreement is contingent upon the availability and receipt by City of funds pursuant to the Grant received by the City from the State of California acting by and through the California Department of Fish and Wildlife, Office of Spill Prevention and Response for City's implementation of Oil Spill Response Equipment Staging, Orange County ("CDFW Grant"), and continued authorization for the Products and Services shall be subject to termination or modification in accordance with said CDFW Grant requirements. Section 15. Entire Agreement The Agreement, as modified and supplemented by this Addendum, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior understandings, proposals. negotiations and communications, oral or written, between the Parties or their representatives with respect to the subject matter hereof. This Agreement may only be modified by a writing signed by both Parties. IN WITNESS WHEREOF, the Parties hereto. through their respective authorized representatives have executed this Addendum as of the date and year first above written. 9 of 10 CITY OF SEAL ACH VENDOR: GLOBAL DIVING & SALVAGE, INC., A Washington corporation By: Mike Henderson, Chief of Police Atte By: ON) Print Name:_Fred Foster \ ou Title: CA Business Manager By. lPIia._� GI,ria D. Ha ',er, City Clerk By: Print Name: Approved as t orm: Title: (Please note, two signatures are By: required for corporations pursuant to Nicholas R. Ghirelli, City Attorney California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED 10 of 10 Stag Fear% POLICE • BID PROPOSAL FORM In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City, at the following prices: Base Bid Items Item Unit Price Extended Price No. Description Unit Quantity (in Figures) (in Figures) 1 Oil Spill Response Trailer LS 1 $_40,000.00 $ 40,000.00 TOTAL BASE BID PRICE (ITEM No. 1) Forty Thousand and no/100 $ 40,000.00 WORDS FIGURES IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL Note: Items may be adjusted or deleted. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Vendor will not be entitled to any additional compensation. Cost of all export of material • shall be included in the above unit costs; no additional compensation will be granted for such expenses. TOTAL BID PRICE = BASE AMOUNT PLUS (+) ALL ADDITIVE ITEMS, MINUS (—) ALL DEDUCTIVE ITEMS TOTAL BID PRICE IN DIGITS: $_40,000.00 TOTAL BID PRICE IN WORDS: _Forty Thousand and no/100 IN CASE OF DISCREPANCY BETWEEN WORDS AND FIGURES, THE WORDS SHALL PREVAIL. Seal ae POLICE NOTE: The City reserves the right to award a Contract to the lowest responsible Bidder in parts or in its entirety and reserves the right to reject all Bids and re-advertise, as appears to be in the best interests of the City. A Bid is required for this entire Work, the estimated quantities set forth in this Bid Sheet being solely for the purpose of comparing Bids, and final compensation under the Contract will be based upon the actual quantities of work satisfactorily completed. The unit and/or lump sum prices bid shall include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amount bid, unit prices shall govern over extended amounts, and words shall govern over figures. The City reserves the right to increase or decrease the amount of any quantity shown and to delete any item from the Contract. The undersigned Bidder agrees that, if awarded the Contract, Bidder will complete all Work according to the Contract Documents. Legal Business Name of Bidder Global Diving & Salvage, Inc. Business Address 1280 Terminal Street, W. Sacramento, CA 95691 Business Tel. No. CA Business Manager Signature Date Title Signature Date Title Signature Date Title If Bidder is an individual, name and signature of individual must be provided, and, if he or she is doing business under a fictitious name, the fictitious name must be set forth. If Bidder is a partnership or joint venture, the complete legal name of partnership/joint venture and state of formation must be provided, followed by signatures of all of the partners/joint venturers or fewer than all of the partners/joint venturers if submitted with evidence of authority to act on behalf of the partnership/joint venture. If Bidder is a corporation, the complete legal name of corporation and state of incorporation must be provided, followed by signatures of(i)the corporation President or Vice President and (ii)the Secretary or Assistant Secretary, and (iii)the corporate seal. Signatures of partners,joint venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners,joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. Seal ae POLICE EXHIBIT C BIDDER'S QUESTIONNAIRE Seas Veaek POLICE BIDDER'S QUESTIONNAIRE Fill out all of the following information. Attach additional sheets if necessary. Bidder's Name: Global Diving & Salvage, Inc. If the Bidder's name is a fictitious name, who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name, write "N/A" in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. Business Address: 1280 Terminal Street, W. Sacramento, CA 95691 Telephone: 707-561-6810 Facsimile: 707-561-6811 Type of Firm — Individual, Partnership, LLC or Corporation: Corporation Partnership, LLC or Corporation organized under the laws of the State of: WA List the name and title of the person(s) who inspected the Project site for your firm: Number of years' experience the company has as a vendor in construction work: 45 List the names, titles, addresses and telephone numbers of all individuals, firm members, partners,joint venturers, and company or corporate officers having a principal interest in this Bid: Fred Foster, CA Business Mgr, 1280 Terminal St., W. Sacramento, CA 707-561-6810 List all current and prior D.B.A.'s, aliases, and fictitious business names for any principal having interest in this Bid: N/A List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid: N/A Seal S'eaek ",, t-, POLICE T= For all arbitrations, lawsuits, settlements and the like (in or out of court)that the company or any principal having an interest in this Bid has been involved with in the past five (5) years: a. List the names, addresses and telephone numbers of contact persons for the parties: N/A b. Briefly summarize the parties' claims and defenses: N/A c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome: N/A • Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain. No Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain No Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a "termination of convenience"? If yes, explain. Seal 'eae% °""•4 POLICE No For projects that the company or any principal having an interest in this Bid has been involved with in the last five (5) years, did you have any claims or actions: a. By you against the owner? Circle one: Yes No b. By the owner against you? Circle one: Yes No c. By any outside agency or individual for labor compliance? Circle one:Yes No d. By Subvendors? Circle one: Yes No e. Are any of these claims or actions unresolved or outstanding? Circle one:Yes No If your answer is "yes" to any part or parts of this question, explain. List the last three (3) projects you have worked on or are currently working on for the City of Seal Beach: None at the time Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information. Failure to provide truthful answers to the questions above may result in the Bid being deemed non-responsive. Seal S'iauE POLICE --- The Bidder certifies under penalty of perjury under the laws of the State of California that the information provided above is true and correct. Company Signature: Title: CA Business Manager Date: 2-27-24 Signature: Title: Date: DocuSign Envelope ID: 36AB6AE8-810C-4FE1-B2A6-38F223461030 --- State of California - Natural Resources Agency GAVIN NEWSOM, Governor b(^' ` 'P CALIF vitrMU DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director y; t1MtnIPA P.O. Box 944209 " ` ' Sacramento, CA 94244-2090 lk www.wildlife.ca.gov `r` OFFICE OF SPILL PREVENTION AND RESPONSE OIL SPILL RESPONSE EQUIPMENT STAGING, ORANGE COUNTY GRANT AGREEMENT NUMBER - Q2375073 GRANTOR: State of California, acting by and through The California Department of Fish and Wildlife P.O. Box 944209 Sacramento, CA 94244-2090 GRANTEE: City of Seal Beach Police Department 911 Seal Beach Boulevard Seal Beach, CA 90740 SECTION 1 — LEGAL BASIS OF AWARD Pursuant to Government Code 8670.8.3, the California Department of Fish and Wildlife (CDFW or Grantor) is authorized to enter into this Grant Agreement (Agreement) and to make an award to the City of Seal Beach Police Department (Grantee) for the purposes set forth herein. Grantee accepts the grant on the terms and conditions of this Agreement. Accordingly, Grantor and Grantee (Parties) hereby agree as follows: SECTION 2— GRANT AWARD 2.01 Grant: In accordance with the terms and conditions of this Agreement, including Section 5.07 — General Terms and Conditions, Grantor shall provide Grantee with a maximum of $40,000 (Grant Funds) to financially support and assist Grantee's implementation of Oil Spill Response Equipment Staging, Orange County (Project). 2.02 Term: The term of this agreement is October 2, 2023, or upon approval, whichever is later through June 30, 2024. SECTION 3— ELIGIBLE USES OF GRANT Only Grantee expenditures that are necessary to implement the Project, comply with applicable federal and State of California law, and made in accordance with Section 6 — Project Statement and Section 9 —Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. (Template v. 11/9/2022) DocuSign Envelope ID:36AB6AE8-810C-4FE1-B2A6-38F223461030 Q2375073 CITY OF SEAL BEACH POLICE DEPARTMENT SECTION 4— GRANTEE'S REPRESENTATIONS AND WARRANTIES Grantee represents and warrants to Grantor as follows: 4.01 Existence and Power: Grantee is a governmental entity, validly existing, and in good standing under the laws of California. Grantee has full power and authority to transact the business in which it is engaged and full power, authority, and legal right to execute and deliver this Agreement and incur and perform its obligations hereunder. 4.02 Binding Obligation: This Agreement has been duly authorized, executed and delivered on behalf of Grantee and constitutes the legal, valid, and binding obligation of Grantee, enforceable in accordance with the Agreement's terms. SECTION 5— GRANTEE'S AGREEMENTS 5.01 Purpose: This Agreement is entered into by the Parties for the purpose of providing financial support to Grantee to complete the Project, specifically the activities identified within Section 6 — Project Statement. 5.02 Project: Grantee shall complete activities as set forth in Section 6 — Project Statement. 5.03 Use of Project Funds: Grantee agrees that only Grantee expenditures that are necessary to implement the Project, comply with applicable federal and State of California law, and made in accordance with Section 6 — Project Statement and Section 9 — Budget and Payment as set forth within this Agreement are eligible for reimbursement from the Grant Funds. Grantee acknowledges that it may not transfer Grant Funds between or among budget line items without written approval from the CDFW Grant Manager in accordance with Section 9 — Budget and Payment. 5.04 Payment Schedule: Payments shall be made to Grantee according to the payment and report schedule identified in Section 9 — Budget and Payment. 5.05 Eligibility of Funds: In the event that the California Budget Act does not provide sufficient appropriations to allow Grantor to fund the Project at the level specified in Section 2 — Grant Award and Section 9 — Budget and Payment of this Agreement, 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 comply with the format, content, and timing requirements set out in Section 8 — Reports. Failure to submit timely and accurate reports shall be considered evidence of non-compliance with this Agreement and shall permit termination of this Agreement by Grantor. Page 2 of 10 DocuSign Envelope ID 36AB6AE8-810C-4FE1-B2A6-38F223461030 Q2375073 CITY OF SEAL BEACH POLICE DEPARTMENT 5.07 General Terms and Conditions: Public Entities General Grant Provisions (Exhibit 1.a) and Notice of Economic Sanctions (Exhibit 3) are attached hereto and made a part of this Agreement. 5.08 Amendments: This Agreement may only be amended in accordance with Section 5.07 — General Terms and Conditions. Grantee shall submit any request to amend any term of this Agreement in writing to the CDFW Grant Manager no later than 120 days prior to the end of the term of this Agreement. Grantee must include an explanation of and justification for any such request. 5.09 Acknowledgement of Credit: Grantee shall include signage, to the extent practicable, informing the public that the Project received funds through the CDFW. Further, Grantee shall include appropriate acknowledgement of credit to the Office of Spill Prevention and Response (OSPR) Grant Program and its implementing agency, the CDFW, for Grantor's financial support when using any data and/or information developed under this Agreement (e.g., in posters, reports, publications, presentations). 5.10 Labor Code Requirements; Prevailing Wage: State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain State grants administered by the CDFW are not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. For more details, please refer to California Fish and Game Code Section 1501 .5 and the Department of Industrial Relations website at http://www.dir.ca.qov. The grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project if required by law to do so. 5.11 California Business and Professions Code Compliance: Grantee shall be responsible for obtaining the services of an appropriately licensed professional or appropriately licensed professionals if required by the California Business and Professions Code, including but not limited to Section 6700 et seq. (Professional Engineers Act) and Section 7800 et seq. (Geologists and Geophysicists Act). If Grantee fails to perform in accordance with the compliance provisions of this Agreement, Grantor shall have sole discretion to delay, interrupt, or suspend the work for which the Grant Funds are supplied. SECTION 6 — PROJECT STATEMENT 6.01 Introduction: During an oil spill, California operates within the Incident Command System (ICS), a mechanism used to bring multiple jurisdictions under one standard operating arena. The ICS is managed by the Unified Command, in most cases, is comprised of a designated official from the United States Coast Guard, the OSPR and the Responsible Party (Spiller); the three members make all decisions on how the oil spill incident operations are planned, executed, and demobilized. Page 3 of 10 DocuSign Envelope ID:36AB6AE8-810C-4FE1-B2A6-38F223461030 Q2375073 CITY OF SEAL BEACH POLICE DEPARTMENT Several Oil Spill Response Organizations (OSRO) are available to provide response and clean-up of oil spills throughout the State. However, in certain remote locations, the OSRO's have difficulty or are unable to pre-stage response equipment. To address this problem, OSPR has established a grant program that will provide local government agencies with funding to purchase spill response equipment, so they can initiate a first response prior to the OSRO's arrival. 6.02 Objectives: Grant funding will enhance the availability of oil response equipment around the state and will provide local governments an opportunity to protect their economic resources. Grantee will purchase the response equipment and provide training as identified in Oil Spill Response Equipment Staging, Orange County Equipment Specifications (Attachment I). 6.03 Project Description: Grantee's Project Manager will be responsible for all aspects of the administration of this grant which include; procurement, training, staging and usage of the equipment. 6.04 Location: The equipment will be staged at the Seal Beach Police Department City Yard lot located 911 Seal Beach Boulevard, Seal Beach, CA 90740, Orange County. 6.05 Materials and Equipment: See Oil Spill Response Equipment Staging, Orange County Equipment Specifications (Attachment I). 6.06 Project Implementation: Consistent with Grantee's proposal for the Project, the Grantee's Marine Safety/Life Guard Chief and Police Sergeant/Emergency Services Coordinator (not funded by this grant) will complete the following tasks in accordance with Section 6.08 — Schedule of Due Dates and Deliverables: Task 1 — Equipment Ordering 1. Place order per OSPR equipment specifications which is attached hereto as Oil Spill Response Equipment Staging, Orange County Equipment Specifications (Attachment I) and made a part of this agreement. Task 2 — Equipment Delivery & Familiarization/Training Coordinate delivery of equipment. 1. Ensure key response staff (actual staff and total number of staff, to be determined by Grantee) receives training/familiarization which should entail: a. Health and safety concerns when deploying equipment on oil spills, b. Equipment familiarization, c. Care, storage and maintenance of the equipment, d. Usage as it pertains to the Local Geographic Response Plans and other pertinent strategies, e. Decontamination of personnel and equipment, Page 4 of 10 DocuSign Envelope ID:36AB6AE8-810C-4FE1-B2A6-38F223461030 Q2375073 CITY OF SEAL BEACH POLICE DEPARTMENT f. A practical hands-on deployment of the equipment, and g. Limitations of the equipment. 2. Submit report to the CDFW Grant Manager with equipment staging location. 3. The CDFW Grant Manager will perform an inspection of the trailer and equipment. Task 3 — Project Management and Administration 1. Furnish the necessary personnel, equipment, material and/or service(s) necessary for routine or incidental deployment of the equipment provided in this agreement. 2. Equipment may be deployed in the event of an oil spill within Grantee's jurisdiction, for the shelf life of the equipment. Grantee will notify the CDFW Grant Manager within 15 days by phone or e-mail, when the equipment is used in conjunction with an oil spill response. Grantee also agrees to notify the CDFW Grant Manager if the equipment is relocated to a different staging location within the jurisdiction. 3. Provide the CDFW Grant Manager with equipment access such as facility/storage security access codes, keys to gate and trailer locks or designate staff to be on-site to allow the necessary access. 4. The Grantee's Marine Safety/Lifeguard Chief and Police Sergeant/Emergency Services Coordinator will be responsible for all aspects of the administration of this grant, including procurement, invoicing, final reporting, training, staging, and usage of the equipment. 6.07 Schedule of Due Dates and Deliverables: Task Description Deliverables Estimated Completion Dates 1 Equipment Ordering Equipment May 15, 2024 2 Equipment Delivery and Training and Location May 15, 2024 Familiarization/Training Report 3 Project Management Invoice May 30, 2024 and Administration Final Report May 30, 2024 SECTION 7— CONTACTS The point of contact may be changed at any time by either party by providing a 10 day advance written notice to the other party. The Parties hereby designate the following points of contact during the Term of this Agreement: Page 5 of 10 DocuSign C<nvelope ID:36AB6AE8-810C-4FE1-B2A6-38F223461030 Q2375073 • CITY OF SEAL BEACH POLICE DEPARTMENT CDFW Grant Manager: Grantee Project Manager: Name: Cindy Murphy Name: Joe Bailey Title: Grants Coordinator Title: Marine Safety/Lifeguard Chief Address: P.O. Box 944209 Address: 911 Seal Beach Boulevard Sacramento, CA 94244-2090 Seal Beach, CA 90740 Phone: (916) 616-4515 Phone: (562) 799-4100 Email: cindy.murphy(a�wildlife.ca.gov Email: JBaileyAsealbeachca.gov Direct all administrative inquiries to: CDFW Grant Coordinator: Grantee Project Coordinator: Name: Julia-Malia Olea Name: Brian Gray Title: Contract/Grant Coordinator Title: Police Sergeant/Emergency Services Coordinator Address: P.O. Box 944209 Address: 911 Seal Beach Boulevard Sacramento, CA 94244-2090 Seal Beach, CA 90740 Phone: (916) 216-1303 Phone: (562) 799-4100 ext. 1658 Email: julia-malia.olea(cr�wildlife.ca.gov Email: BGray(a�sealbeachca.gov SECTION 8—REPORTS 8.01 Final Report: No Progress Reports are required; however Grantee shall submit a Final Report by the date listed in Section 6.07 — Schedule of Due Dates and Deliverables. The report shall summarize the life of the Agreement and describe the work and results pursuant to Section 6 — Project Statement. The Final Report will be submitted, electronically, to the CDFW Grant Manager upon completion of the Project tasks. The CDFW Grant Manager will provide Grantee a sample Final Report template, upon request. The Final Report will consist of one electronic version in Microsoft Word (or compatible format), upon the completion of the Project. 8.02 Document Accessibility: CDFW follows the Web accessibility standards of California Government Code Sections 7405 and 11135, and the Web Content Accessibility Guidelines (WCAG). Since all Office of Spill Prevention and Response Oil Spill Response Equipment Staging Final Reports will be posted to CDFW's website, grantees must ensure that the WCAG standards for adequate accessibility to people with disabilities are met for all Reports and associated submittals. Final Reports, and all associated documents, should be submitted as Word Documents for ease of editing to meet WCAG standards. SECTION 9 — BUDGET AND PAYMENT 9.01 Budget Details and Funding Summary: Grantor will provide an amount not to exceed $40,000 as detailed below in the Line Item Budget Detail (Budget) below. Grantee or its partners will provide up to $0 in funds or in-kind services as cost Page 6 of 10 DocuSign envelope ID:36AB6AE8-810C-4FE1-B2A6-38F223461030 Q2375073 CITY OF SEAL BEACH POLICE DEPARTMENT share to complete tasks described in Section 6 — Project Statement. Actual expenditures will not be determined until the competitive process and equipment procurement has occurred. The procurement will consist of such items as a mobile storage trailer, boom, absorbents, anchors, personal protective equipment, equipment deployment training (if applicable) and all other items as outlined in Oil Spill Response Equipment Staging, Orange County Equipment Specifications (Attachment I). Line-Item Budget Detail A. PERSONNEL SERVICES Not Applicable $0 Total Personnel Services $0 B. OPERATING EXPENSES: GENERAL Equipment identified in Attachment I (Each item less than$5,000) $0 Subtotal Operating Expenses: General $0 C. OPERATING EXPENSES: SUBCONTRACTORS Not Applicable $0 Subtotal Operating Expenses: Subcontractors $0 D. OPERATING EXPENSES: EQUIPMENT Equipment identified in Attachment I ($5,000 or more per item) $40,000 Subtotal Operating Expenses: Equipment $40,000 E. INDIRECT COSTS Indirect Charge Rate 0% $0 (Applies to Sections A+ B only) F. GRAND TOTAL (A+B+C+D+E) $40,000 9.01.1 Budget Flexibility: Grantee must submit all budget line item revision requests, in writing, to the CDFW Grant Manager, prior to implementing any changes. All proposed budget changes require prior approval from the CDFW Grant Manager, regardless of budgetary impact. Informal Budget adjustments between existing line items may be permitted. Any revision to the Line Item Budget Detail must comply with Section 5.08 — Amendments. Considerations for informal Budget adjustments, if granted, must include: 1. Revisions which are consistent with the purpose, objectives, and description of the Project as detailed in Section 6 — Project Statement; 2. Revisions that do not increase or decrease the total Agreement amount; 3. Revisions that do not substitute key personnel; and 4. Line item shifts within a budget category (e.g., Field Supplies to Travel) up to $25,000 or 10% of the Agreement amount, whichever is less. Page 7 of 10 DocuSign envelope ID:36AB6AE8-810C-4FE1-B2A6-38F223461030 Q2375073 CITY OF SEAL BEACH POLICE DEPARTMENT Formal Budget adjustments will be considered by the Grantor, with prior approval from the CDFW Grant Manager. An amendment to the Agreement is required if a formal Budget adjustment is approved. Considerations for formal amendments, if granted, include: 1. Shifting Grant Funds between budget categories (e.g., Personnel Services to Operating Expenses); 2. Increasing or decreasing the total Agreement amount; 3. Substituting key personnel; or 4. Line item shifts within a budget category (e.g. Field Supplies to Travel) that exceeds $25,000 or 10% of the Agreement amount, whichever is less. 9.02 Payment Provisions: 9.02.1 Disbursements: Grant disbursements will be made to Grantee in one lump sum payment in arrears, upon receipt of an original itemized invoice and required documentation as identified in Section 6.07 — Schedule of Due Dates and Deliverables. Grant disbursements will be mailed to the following Grantee address: Grantee Name: City of Seal Beach Police Department Attention: Brian Gray Address: 911 Seal Beach Boulevard Seal Beach, CA 90740 9.02.2 Invoice Documentation: The invoice for payment must be accompanied by the Final Report. If there is cost share involved with the project, the final invoice must include a budget summary of cost share expenditures by fund source. The CDFW Grant Manager will provide Grantee with a sample invoice template upon request. The Final Invoice must be submitted to the CDFW Grant Manager by the date identified in Section 6.07 — Schedule of Due Dates and Deliverables. The invoice package must be sent hard copy or email to the CDFW Grant Manager, as identified in Section 7 — Contacts. Requirements: The invoice shall contain the following information: 1 . The word "Invoice" should appear in a prominent location at the top of the page(s); 2. Printed name of Grantee on company letterhead; 3. Grantee's business address, including P.O. Box, City, State, and Zip Code; 4. Name of the CDFW Region/Division being billed; Page 8 of 10 DocuSign Envelope ID:36AB6AE8-810C-4FE 1-B2A6-38F223461030 Q2375073 CITY OF SEAL BEACH POLICE DEPARTMENT 5. The invoice date and the time period covered; i.e., the term "from" and "to"; 6. This Agreement number and the sequential number of the invoice (i.e., Q2375073-Invoice 1); 7. The invoice must be itemized using the categories and following the format of the Budget; 8. The total amount due. This should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice. The total amount due shall include all costs incurred by Grantee under the terms of this grant; 9. The original signature of Grantee; and 10.Grantee must provide supporting documentation for the invoice and actual receipts. Page 9 of 10 DocuSign Envelope ID: 36AB6AE8-810C-4FE1-B2A6-38F223461030 Q2375073 CITY OF SEAL BEACH POLICE DEPARTMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of Grantor date set forth below the signature. AUTHORIZED AGENT FOR GRANTEE DocuSigned by: By: Signature: 6350E847994242+ Printed Name: Joe Bailey Title: Marine Safety/Lifeguard Chief Date: 8/2/2023 CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE DocuSigned by. By. Q y Mew►n," Signature:• 6A1BD52so6F84B2 Printed Name: Amy Mowrer Title: Branch Manager, Business Management Branch Date: 10/31/2023 This agreement is exempt from DGS-OLS approval, per SCM 4.06. Page 10 of 10 DocuSign Envelope ID: 36AB6AE8-810C-4FE1-B2A6-38F223461030 CALIFORNIA' State of California - Natural Resources Agency GAVIN NEWSOM, Governor f W LDLWE DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director ! ` ' ' P.O. Box 944209 Sacramento, CA 94244-2090 "` www.wildlife.ca.qov August 1, 2023 Joe Bailey City of Seal Beach Police Department 911 Seal Beach Boulevard Seal Beach, CA 90740 Re: Q2375073 — OIL SPILL RESPONSE EQUIPMENT STAGING, ORANGE COUNTY ACKNOWLEDGEMENT OF WORK COMMENCEMENT AUTHORIZATION DISCLAIMER Where approval from the California Department of Fish and Wildlife (CDFW) applies, the attached payable grant shall be of no force or effect until it is signed by both parties (CDFW and grantee). The signing of this payable grant by your organization does not authorize the commencement of work. By signing this letter, your organization acknowledges and agrees not to begin work until all approvals have been obtained, the payable grant has been fully executed, and the grantee has been given authorization to begin work. Should any work begin before all approvals are obtained or authorization is given, services will be considered voluntary. Please be advised that failure to sign and return this letter will delay approval of your payable grant. DocuSigned by Lbattil 635DE B479942423 8/2/2023 Authorized Signature Date Joe Bailey, Marine Safety/Lifequard Chief Printed Name and Title of Person Signing Conserving California's Wildlife Since 1870 • CALIFORNIA CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE fISH,& EXHIBIT 1a — PUBLIC ENTITIES GENERAL GRANT PROVISIONS WILDLIFE Grant Agreement Number: Q2375073 Grantee Name:City of Seal Beach Police Department 1. APPROVAL: This Agreement is of no force or effect until signed by both Parties. Grantee shall not incur any costs in reliance on this Agreement until this Agreement has been signed by both Parties. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. Only persons duly authorized to sign an amendment on behalf of CDFW may do so. No oral understanding or agreement not incorporated in this Agreement is binding on either of the Parties. 3. ASSIGNMENT: This Agreement is not assignable by Grantee, either in whole or in part, without written approval from CDFW. 4. AUDIT: Grantee agrees that CDFW, the Department of Finance ("DOF"), Department of General Services ("DGS"), California State Auditor's Office ("CSA"), or their designated representatives shall have the right to review and to copy any records and supporting documentation related to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three years after CDFW's final payment to Grantee pursuant to this Agreement, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include the following term or a substantially similar term in any subcontract related to performance of this Agreement: Subcontractor agrees that CDFW, the Department of Finance, Department of General Services, California State Auditor's Office, or their designated representatives shall have the right to review and to copy any records and supporting documentation related to the performance of this agreement. Subcontractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated. Subcontractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Subcontractor agrees to put a substantially similar term in any subcontract it executes with another entity related to the performance of this agreement. 5. INDEMNIFICATION: Grantee agrees to indemnify, defend, and save harmless the State of California ("State") and CDFW and their officers, agents, and employees from any and all claims and losses accruing or resulting to any and all subcontractors, suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by Grantee in the performance of this Agreement. CDFW agrees to indemnify, defend, and save harmless Grantee and its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all subcontractors, Page 1 of 7 (Rev.07/08/2021) • CALIFORNIA CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FISH& EXHIBIT 1a — PUBLIC ENTITIES GENERAL GRANT PROVISIONS WILDLIFE Grant Agreement Number: Q2375073 Grantee Name:City of Seal Beach Police Department suppliers, laborers, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by CDFW in the performance of this Agreement but, collectively, only in proportion to and to the extent that such claims or losses are caused by or result from the negligent or intentional acts or omissions of CDFW or its officers, agents, and employees. 6. DISPUTES: Grantee shall continue with its responsibilities under this Agreement during any dispute. 7. INDEPENDENT CONTRACTOR: Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CDFW. Grantee acknowledges and promises that CDFW is not acting as an employer to any individuals furnishing services or work on the Project pursuant to this Agreement. 8. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family-care leave, medical-care leave, or pregnancy-disability leave. Grantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 (a-f) et seq.) and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated by reference into this Agreement. Grantee shall give written notice of its obligations under this non-discrimination clause to labor organizations with which Grantee has a collective bargaining or other agreement and shall post in conspicuous places available to employees and applicants for employment notice setting forth the provisions of this Section 8. Further, Grantee agrees to include the following term or a substantially similar term in any subcontract related to performance of this Agreement: During the performance of this agreement, Subcontractor shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family- care leave, medical-care leave, or pregnancy-disability leave. Subcontractor shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment Page 2 of 7 (Rev.07/08/2021) -- CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA WILDLIFE EXHIBIT 1a — PUBLIC ENTITIES GENERAL GRANT PROVISIONS \ Grant Agreement Number: Q2375073 Grantee Name:City of Seal Beach Police Department are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Subcontractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 (a-f) et seq.) and applicable regulations (California Code of Regulations, Title 2, Section 7285 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations) are incorporated by reference into this agreement. Subcontractor shall give written notice of its obligations under this non-discrimination clause to labor organizations with which Subcontractor has a collective bargaining or other agreement and shall post in conspicuous places available to employees and applicants for employment notice setting forth the provisions of this section. Subcontractor agrees to put a substantially similar term in any subcontract it executes with another entity related to the performance of this agreement. 9. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the Parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 10. REGULATORY COMPLIANCE: Grantee's implementation of the Project must comply with all applicable federal, state, and local government statutes, laws, regulations, codes, ordinances, orders, or other governmental and quasi-governmental requirements that apply to the Project (including its planning, construction, management, monitoring, operation, use, and maintenance). The costs associated with such regulatory compliance may be reimbursed under this Agreement only to the extent authorized by the Budget Detail and Funding Summary section of this Agreement. Grantee's implementation of the Project must comply with the California Labor Code. Projects funded in whole or in part with CDFW grant funds may be public works projects under the Labor Code. (See Section 1720 et seq.) Labor Code compliance may require the payment of prevailing wage. Grantee is responsible for Labor Code compliance, and CDFW cannot provide advice about Labor Code compliance. Grantee's implementation of the Project must comply with the California Business and Professions Code. Grantee shall be responsible for obtaining the services of an appropriately licensed professional if required by the Business and Professions Code, including but not limited to Section 6700 et seq. (Professional Engineers Act)and Section 7800 et seq. (Geologists and Geophysicists Act). CDFW cannot provide advice about Business and Professions Code compliance. 11. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement, are subject to the rights of CDFW as set forth in this Section 11 . CDFW shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work Page 3 of 7 (Rev.07/08/2021) 1CALI ORNIA CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE w�tIFE EXHIBIT 1a — PUBLIC ENTITIES GENERAL GRANT PROVISIONS \ Grant Agreement Number: Q2375073 Grantee Name:City of Seal Beach Police Department is copyrightable, Grantee may copyright the same, except that, as to any work which is copyrighted by Grantee, CDFW reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so. 12. CONTINGENT FUNDING: It is mutually understood between the Parties that this Agreement may have been written before ascertaining the availability of State appropriation of funds for the mutual benefit of both Parties in order to avoid program and fiscal delays which would occur if this Agreement were executed after that determination was made. This Agreement is valid and enforceable only if sufficient funds are made available pursuant to the California State Budget Act for the fiscal year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the State Legislature of any statute enacted by the Legislature which may affect the provisions, terms, or funding of this Agreement in any manner. If the Legislature does not appropriate sufficient funds for this Agreement, CDFW may terminate this Agreement in accordance with Section 13 of this Exhibit 1.a or amend this Agreement to reflect any reduction of funds. 13. RIGHT TO TERMINATE: a. This agreement may be terminated by mutual consent of both Parties or by any Party upon 30 days written notice and delivered in person, USPS First Class Mail, or electronic transmission. b. In the event of termination of this Agreement, Grantee shall immediately provide CDFW an accounting of all Grant Funds received under this Agreement. c. Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of either Party already incurred prior to such termination. CDFW shall reimburse Grantee for all allowable and reasonable costs incurred by Grantee for the Project, including foreseeable and uncancellable obligations. Upon notification of termination from CDFW, Grantee shall make reasonable efforts to limit any outstanding financial commitments. 14. USE OF SUBCONTRACTOR(S): If Grantee desires to accomplish part of the Project through the use of one or more subcontractors, the following conditions must be met: a. Grantee shall submit any subcontracts to CDFW for inclusion in the grant file; b. Agreements between the Grantee and the subcontractor must be in writing; c. Subcontracts must include language establishing the audit rights of CDFW, DOF, DGS, CSA, or their designated representatives with respect to subcontractors that complies with Section 4 of this Exhibit 1 .a.; d. Subcontracts must include non-discrimination clause language with respect to subcontractors that complies with Section 8 of this Exhibit 1.a; and e. Upon termination of any subcontract, the CDFW Grant Manager shall be notified immediately, in writing. Page 4 of 7 (Rev 07/08/2021) CALIFORNIA CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FALL$ EXHIBIT 1a — PUBLIC ENTITIES GENERAL GRANT PROVISIONS WILDLIFE Grant Agreement Number: Q2375073 Grantee Name:City of Seal Beach Police Department 15. POTENTIAL SUBCONTRACTOR(S): Nothing contained in this Agreement or otherwise shall create any contractual relation between CDFW and any of Grantee's subcontractor(s) and no subcontract shall relieve Grantee of its responsibilities and obligations hereunder. Grantee agrees to be as fully responsible to CDFW for the acts and omissions of its subcontractor(s) and of persons directly employed or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Grantee. Grantee's obligation to pay its subcontractor(s) is an independent obligation from CDFW's obligation to make payments to Grantee. As a result, CDFW shall have no obligation to pay or to enforce the payment of any monies to any of Grantee's subcontractors. 16. TRAVEL AND PER DIEM: If the reimbursement of travel or per diem costs are authorized by this Agreement, such costs shall be reasonable and not exceed those amounts identified in the California Department of Human Resources travel reimbursement guidelines. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the CDFW Grant Manager. 17. LIABILITY INSURANCE : Unless otherwise specified in this Agreement, when Grantee submits a signed Agreement to CDFW, Grantee shall also furnish to CDFW either proof of self-insurance or a certificate of insurance stating that there is liability insurance presently in effect for Grantee of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. Grantee agrees to make the entire insurance policy available to CDFW upon request. The certificate of insurance will include provisions a, b, and c, in their entirety: a. The insurer will not cancel the insured's coverage without 30-days prior written notice to CDFW; b. The State and CDFW and their officers, agents, employees, and servants are included as additional insured, insofar as the operations under this Agreement are concerned; and c. CDFW will not be responsible for any premiums or assessments on the policy. Grantee agrees that the liability insurance herein provided for, shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, Grantee agrees to provide, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of this Agreement, or for a period of not less than one year. New certificates of insurance are subject to the approval of CDFW, and Grantee agrees that no work or services shall be performed prior to CDFW giving such approval. In the event Grantee fails to keep in effect, at all times, insurance coverage as herein provided, CDFW may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event. CDFW will not provide for, nor compensate Grantee for any insurance premiums or costs for any type or amount of insurance. The insurance required above, shall cover all Grantee supplied personnel and equipment used in the performance of this Agreement. If subcontractors performing work for Grantee under this Agreement cannot provide to Grantee either proof of self-insurance Page 5 of 7 (Rev. 07/08/2021) r---- CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE CALIFORNIA FISH WILDLIFE EXHIBIT 1a — PUBLIC ENTITIES GENERAL GRANT PROVISIONS \ Grant Agreement Number: Q2375073 Grantee Name:City of Seal Beach Police Department or a certificate of insurance stating that the subcontractor has liability insurance of not less than $1,000,000 per occurrence for bodily injury or property damage liability combined, then Grantee's liability insurance shall provide such coverage for the subcontractor. 18. GRANTEE STAFF REQUIREMENTS: Grantee represents that it has or shall secure at its own expense, all staff required to perform the services described in this Agreement. Such personnel shall not be employees of or have any contractual relationship with CDFW. 19. EQUIPMENT PURCHASES: For purposes of this Agreement, "Equipment" means tangible personal property having a useful life of four years, and "Major Equipment" means Equipment with a unit cost of $5,000 or more. The unit cost includes the purchase price plus all costs to acquire, install, and prepare the equipment for its intended use. Grantee may purchase Major Equipment under this Agreement only when a specific type Major Equipment is listed in the Budget Details and Funding Summary section of this Agreement. This restriction on the purchase of Major Equipment does not include the lease or rental of Major Equipment. Grantee shall own all Equipment purchased under this Agreement; CDFW does not claim title or ownership to such Equipment. Grantee shall keep, and make available to CDFW upon CDFW's request, appropriate records of all Equipment purchased with Grant Funds. Equipment purchased by Grantee outside the term of this Agreement is not eligible for reimbursement by CDFW under this Agreement. When Grantee submits an invoice to CDFW for reimbursement of Major Equipment purchase costs, that invoice must include a receipt listing the purchase price of the Major Equipment and the serial number and model number of the Major Equipment. That invoice must also include the location, including street address, where the Major Equipment will be used during the term of this Agreement. 20. GRANTEE'S PROCUREMENT OF GOODS AND/OR SERVICES: Grantee's process for procuring goods or services to carry out the Project under this Agreement must reasonably ensure that Grantee is making sound business decisions. 21. DRUG-FREE WORKPLACE CERTIFICATION: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about all of the following: 1 . the dangers of drug abuse in the workplace; 2. the person's or organization's policy of maintaining a drug-free workplace; 3. any available counseling, rehabilitation, and employee assistance programs; and, 4. penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1 . receive a copy of the company's drug-free policy statement; and Page 6 of 7 (Rev.07/08/2021) CALIFORNIA CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FISH8, EXHIBIT 1a — PUBLIC ENTITIES GENERAL GRANT PROVISIONS WILDLIFE Grant Agreement Number: Q2375073 Grantee Name:City of Seal Beach Police Department 2. agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of disbursements under this Agreement or termination of the Agreement or both, and Grantee may be ineligible for award of any future State agreements if CDFW determines that any of the following has occurred: (1) Grantee has made false certification or (2) Grantee has violated the certification by failing to carry out the requirements as noted above. 22. UNION ORGANIZING: Grantee acknowledges the applicability to this Agreement of Government Code Sections 16645 through 16649, and certifies that: a. No Grant Funds disbursed pursuant to this Agreement will be used to assist, promote, or deter union organizing; b. Grantee shall account for Grant Funds disbursed for a specific expenditure pursuant to this Agreement to show those funds were allocated to that expenditure; c. Grantee shall, where Grant Funds are not designated as described in Section 22(b) above, allocate, on a pro-rata basis, all disbursements that support the grant program; and d. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no Grant Funds were used for those expenditures and shall provide those records to the Attorney General upon request. 23. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Page 7 of 7 (Rev.07/08/2021) CALIFORNIA' CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FISH& EXHIBIT 3 - NOTICE OF ECONOMIC SANCTIONS WILDLIFE Grant Agreement Number: Q2375073 Grantee Name:City of Seal Beach Police Department Grantee and its subcontractor(s), collectively referred to as "Grantee", shall follow Federal, State, and local orders, guidelines and directives, and CDFW policies related to any Executive Order (EO) issued by the Governor of the State of California regarding economic sanctions. Executive Order N-6-22 — Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grants with, and to refrain from entering any new grants with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. Page 1 of 1 (Rev.06/24/2022) City of Seal Beach Police • Department Agreement No.: 02375073 Page 1 of 7 Oil Spill Response Equipment Staging, Orange County Equipment Specifications Attachment I Table 1 Specifications for Equipment Trailer Custom Built Approximate size of box 7' x 16' or 7' x 12 Minimum 3/4"plywood interior sidewall with finished surface Undercoated exterior grade 3/4"plywood floor Undercoating on complete chassis Vapor barrier underbelly 16: o/c stud walls 24"o/c floor cross member frame Fiberglass front cap Aluminum roof and cove Side vents (one on each side of trailer near top) Aluminum fenders (thickness should be 3/16') Lighted license plate holder Front stone guard Electric brakes with breakaway switch and battery GVRW 7000 lbs. (minimum) Doors Double rear door with full length cam bar Side door near front Both doors fitted with pad lock securing mechanism Electrical 12 volt dome lights with wall switch 7-way connector D.O.T. compliant exterior lighting Double insulated wiring Suspension Tandem Axels EZ lube hubs torsion axles Tires 15"radial tires 5-bolt E-coated wheels Wheel tire covers '/z"wood tire parking pads Wheel chocks Spare tire and wheel with inside mount Color White "Oil Spill Response Equipment Funded by: Oil Spill Prevention and Response" stenciled in red 6" letters on 2 sides 2-digit trailer ID number stenciled on back of trailer in 6" black numbers 2-digit trailer ID number stenciled on top of trailer in 36" black numbers Tongue Hitch ball size 2 15/16" Tongue jack with stand pad D.O.T. safety chains City of Seal Beach Police • Department Agreement No.: Q2375073 Page 2 of 7 Oil Spill Response Equipment Staging, Orange County Equipment Specifications Attachment I Warranty 3 Year Standard Manufactures Warranty 5 Year Axle Standard Manufacturers Warranty 20 Year Leak Manufactures Warranty TABLE 2 Standard Oil Response Containment Boom Specifications (various sizes available) Freeboard 2.5" Draft 4" Overall Height 6.5" Section Length 50' 1,500ft Fabric 22 oz./sq.yd PVC Coated Nylon Fabric Color Yellow or International Orange End Connectors ASTM"Z" (F 962-04) or ASTM Slide (F 2438-04) (style of connectors TBD) With Stainless Steel Toggle Pins Flotation 100% Cylindrical Rolled Polyethylene micro or closed cell foam, with tapered ends Fully sealed floatation cambers Max. 14" fabric fold between flotation cambers RF Welded Seams Fold Point Center of fold points to be every 6 'A' Anchor Points 3/4" eye minimum, located at water line on each end connector&one at mid section, in a appropriate place of choosing Ballast Material 1/4" Galvanized Chain Bridle An ASTM End Plate with 'A"x 6' Poly Rope lead, one end to be finished with thimble connected to tow plate& 6" soft eye spliced into other end. Warranty Standard Manufacturer's Commercial Warranty TABLE 3 Standard Storm Drain Containment Boom Specifications Overall Height Bilge/Storm Drain Absorbent Boom 32" x 6" Section Length 20 per case TABLE 4 Standard Sorbent Boom Specifications Overall Height 6"—8" City of Seal Beach Police • Department Agreement No.: Q2375073 Page 3 of 7 Oil Spill Response Equipment Staging, Orange County Equipment Specifications Attachment I Section Length 120' up to 720ft TABLE 5 Standard Oil Response Containment Boom Specifications Freeboard 4" Draft 6" Overall Height 10" Section Length 100' 1,000ft Fabric 22 oz./sq.yd PVC Coated Nylon Fabric Color Yellow or International Orange End ASTM "Z"(F 962-04) or ASTM Slide (F 2438-04) Connectors (style of connectors TBD) With Stainless Steel Toggle Pins Flotation 100 % Cylindrical Rolled Polyethylene micro or closed cell foam,with tapered ends Fully sealed floatation cambers Max. 14" fabric fold between flotation cambers RF Welded Seams Fold Point Center of fold points to be every 6 'A' Anchor Points 34"eye minimum, located at water line on each end connector& one at mid section, in a appropriate place of choosing Ballast 1/4" Galvanized Chain Material Bridle An ASTM End Plate with 'A"x 6' Poly Rope lead, one end to be finished with thimble connected to tow plate & 6" soft eye spliced into other end. Warranty Standard Manufacturer's Commercial Warranty TABLE 6 Standard Oil Response Containment Boom Specifications Freeboard 6" Draft 6" Overall Height 12" Section Length 100' 1,000ft Fabric 22 oz./sq.yd PVC Coated Nylon Fabric Color Yellow or International Orange City of Seal Beach Police • Department Agreement No.: Q2375073 Page 4 of 7 Oil Spill Response Equipment Staging, Orange County Equipment Specifications Attachment I End ASTM"Z"(F 962-04) or ASTM Slide(F 2438-04) Connectors (style of connectors TBD) With Stainless Steel Toggle Pins Flotation 100% Cylindrical Rolled Polyethylene micro or closed cell foam, with tapered ends Fully sealed floatation cambers Max. 14" fabric fold between flotation cambers RF Welded Seams Fold Point Center of fold points to be every 6 '/2' Anchor Points 3/4"eye minimum, located at water line on each end connector& one at mid section, in a appropriate place of choosing Ballast 1/4" Galvanized Chain Material Bridle An ASTM End Plate with 'A" x 6' Poly Rope lead, one end to be finished with thimble connected to tow plate & 6" soft eye spliced into other end. Warranty Standard Manufacturer's Commercial Warranty TABLE 7 Standard Oil Response Containment Boom Specifications Freeboard 6" Draft 12" Overall Height 18" Section Length 100' 1,000ft Fabric 22 oz./sq.yd PVC Coated Nylon Fabric Color Yellow or International Orange End ASTM"Z"(F 962-04) or ASTM Slide(F 2438-04) Connectors (style of connectors TBD) With Stainless Steel Toggle Pins Flotation 100 % Cylindrical Rolled Polyethylene micro or closed cell foam, with tapered ends Fully sealed floatation cambers Max. 14" fabric fold between flotation cambers RF Welded Seams Fold Point Center of fold points to be every 6 'A' City of Seal Beach Police • Department Agreement No.: 02375073 Page 5 of 7 Oil Spill Response Equipment Staging, Orange County Equipment Specifications Attachment I Anchor Points 3/4"eye minimum, located at water line on each end connector& one at mid section, in a appropriate place of choosing Ballast 1/4" Galvanized Chain Material Bridle An ASTM End Plate with 'A" x 6' Poly Rope lead, one end to be finished with thimble connected to tow plate & 6" soft eye spliced into other end. Warranty Standard Manufacturer's Commercial Warranty TABLE 8 Anchor System Specifications Anchor 30 lb. Danforth Style Galvanized Anchor Chain 10 feet of 3/8"galvanized proof coil chain, shackled to anchor using '/z" galvanized shackle Rode 150 feet of'A"nylon 3-strand with galvanized thimble eyes and 7/16" SPA galvanized shackle in each end. Flotation A2 Polyform style buoy(15.5") with 6 feet of'A"polypropylene rope spliced onto buoy and '''A"galvanized thimble eye in other end with 7/16" galvanized shackle. Warranty Standard Manufacturer's Commercial Warranty TABLE 9 Boom Tool Box Specifications Tool Box 1 Heavy-duty poly toolbox. 24" length or larger if necessary to fit all tools Wrenches 2 8" crescent wrench Pliers 1 8" standard pliers Hammer 1 16 oz. claw hammer Clamps 2 4"C-clamp Screwdriver 2 Flathead screwdriver, small and large Shackles 4 2 3/8" SPA galvanized shackles, 2 '/z" SPA galvanized shackles Knife 1 Utility knife with extra blade set Flashlight 1 Waterproof floatable flashlight with 2 D-cell batteries Hardware 6 Hardware set including: 5/16"x 1 1/4" SS bolts, 2 flat washers, nylock nuts PVC 4 PVC pipe 6"x6' Wire 1 50' roll chicken wire or mesh fencing Stakes 10 6' t-post stakes and t-post pounder City of Seal Beach Police • Department Agreement No.: Q2375073 Page 6 of 7 Oil Spill Response Equipment Staging, Orange County Equipment Specifications Attachment I Kit 1 Plug and Patch Kit Hacksaw 1 12in. High Tension Hacksaw Wire/Bolt lea. 36' Bolt Cutter Cutters Generator 1 Gasoline Powered Electric Start Portable Generator with Wheel Kit Sand bags 30 14 x 26" Shovel 2 Square Point Digging Shovels TABLE 10 PPE Gear Specifications Storage bag Reusable waterproof storage bag large enough to hold all 1 set of PPE Hard hat Hard hat with ratcheting head band Boots 16"PVC steel toe work boots, size 11, ASTM F2413-05 M 1/75 C/75 compliant Glove liners Nitrile glove liners, 1 box of 100, large size Gloves PVC gloves, 1 dozen, 12"gauntlet, size 11 (large) Work gloves Leather work gloves, 2 pair, large size Safety glasses 2 pair, meeting ANSI and OSHA specifications Ear plugs 6 pair Tyvek suits Full tyvek suit without hood, 2 pair Tape Duct tape, 2 rolls TABLE 11 Specifications for Decontamination Equipment Wash Tubs 2 Galvanized wash tubs Detergent Degreaser detergent for decontamination Brushes 2 decontamination scrub brushes with long handles Waste Bags 1 case of 100 bags, 33"x 40", 4 mil Visqueen 1 roll of visqueen Tarps 2 drop tarps, 8' x 10' Bucket 1 5-gallon plastic bucket TABLE 12 Specifications for Spill Adsorbent Material Pads Heavy weight adsorbent pads, 1 bag of 100 pads Sweep 100 feet of 19"heavy weight sweep with nylon web strap,bonded with scrim City of Seal Beach Police • Department Agreement No.: Q2375073 Page 7 of 7 Oil Spill Response Equipment Staging, Orange County Equipment Specifications Attachment I Boom 1 bag of heavy weight boom containing 4 sections of 5"x 10' each with poly tension line and quick-clips for connecting TABLE 13 Specifications for Spill Adsorbent Material Snare Adsorbent snares, 2 bags, 30 snares per bag TABLE 14 Miscellaneous Equipment Specifications First Aid Kit Meeting the requirements for at least 10 people Fire Extinguishers 2 5-pound class ABC fire extinguishers, mounted in trailer interior, one near the front and one near the rear. MSDS Book A binder containing MSDS for common oil products including gasoline, diesel,home heating oil, motor oil,jet fuel, fuel oil, IFO,bunker fuel, and crude oil. Also contains emergency contact numbers for spill, including the National Response Center(1-800-424-8802) Navigation Lights Self-floating amber buoy lights 48"tall to attach on or near boom. Lights should be made durable and waterproof, and should have adequate keel weight and floatation to give full stability in various tide and sea conditions. Lights should be flashing; D-cell battery operated, and be fitted with photo sensors. 1021 0 STREET 4', SACRAMENTO,CA 95614 (916)651-4036 '• •�r Cltttltfcxrzt a trite $mate SENATOR JANET NGUYEN THIRTY-SIXTH SENATE DISTRICT March 13, 2023 Honorable Jill Ingram City Manager of Seal Beach 211 Eighth Street, Seal Beach, CA 90740 RE: Oil spill response and contingency planning resources Dear City Manager Jill Ingram: Following the October 2021 oil spill incident that impacted Huntington Beach and the Orange County coastline, I learned that some cities along our coast like Huntington Beach have contingency plans on record that aided in the local response to the oil spill while some might not have one. In ensuring that all coastal cities have a contingency plan and or update their respective plans, I introduced Assembly Bill 1658 (AB 1658)which encourages local governments to create or update their local oil spill response plans that are consistent with the state and federal contingency plans. This bill also authorizes the administrator of the Office of Spill Prevention and Response (OSPR)to provide grants to local governments to create or update their existing plans. This bill passed and signed into law by the Governor and went into effect on January 1, 2023. There is no doubt that Orange County is home to some of the most beautiful and picturesque coastline in California and we have a responsibility to protect our beach and coastal communities, the surrounding diverse ecosystems and local and regional economies. Having contingency plans in place can help coordinate emergency resources and directly respond to an incident in a timely and efficient manner. I hope that your city would take advantage of this and seek the grant to create or update the city's oil spill contingency plan. If you have any questions about my bill or about the resources available from the Office of Spill Prevention and Response(OSPR), please do not hesitate to contact me at(916) 651-4036. Sin JANE NGUYE ZY Senator, Thirty-Sixth District Senate Minority Caucus Chair California State Senate •'F SEAL o i Cip&cea:C geacg �RPORgrFo tori O Q' • 4G,F°8,R• '`�0UNTV P�- CITY HALL 211 EIGHTH STREET SEAL BEACH.CALIFORNIA 90740 (562)431-2527•wwww.sealbcachca.gov DATE, 2023 RE: Marine Safety Chief, Joe Bailey to accept and sign for California Department of Fish and Wildlife Office of Spill Prevention and Response Grant Agreement#Q2375073 To whom it may concern: The California Department of Fish and Wildlife Office of Spill Prevention and Response notified the City of Seal Beach of approval to receive response equipment grant funds in the amount of up to $100,000. At our September 25, 2023 City Council meeting, City Council unanimously approved the adoption of Resolution 7446 authorizing the City of Seal Beach to enter into a funding agreement with the California Department of Fish and Wildlife and designating the City Manager or her designee to sign for the grant funds up to $100,000. City Manager Ingram hereby designates Marine Safety Chief, Joe Bailey the authority to sign for, and on behalf of the City of Seal Beach the funding agreement for the Project and any amendments thereto. Regards, l0111 4/1tUrn WR. Ingram City Manager Encl: Resolution 7446 RESOLUTION 7446 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING ENTERING INTO A FUNDING AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE (CDFW) AND AUTHORIZING AND DESIGNATING THE CITY MANAGER TO ACCEPT OIL SPILL RESPONSE EQUIPMENT FUNDING WHEREAS the City of Seal Beach ("City") has submitted an application to the California Department of Fish & Wildlife ("CDFW') for funding for the OIL SPILL RESPONSE EQUIPMENT TRAILER PROJECT ("Project"): and, WHEREAS prior to the CDFW executing a funding agreement, the City of Seal Beach is required to adopt a resolution authorizing an agent, or representative, to sign the funding agreement. amendments, and requests for disbursement on behalf of the City of Seal Beach, and to carry out other necessary Project-related activities. NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AND ORDER: Section 1. The City of Seal Beach is hereby authorized to carry out this Project. enter into a funding agreement with the CDFW, and accept and expend funds for this Project Section 2. The Seal Beach City Manager or designee, is hereby authorized and designated to sign for, and on behalf of City of Seal Beach the funding agreement for this Project and any amendments thereto. Section 3. Any and all actions, whether previously or subsequently taken by the City of Seal Beach, which are consistent with the intent and purposes of the foregoing resolution, shall be and hereby are, in all respects, ratified, approved and confirmed. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 251h day of September, 2023 by the following vote: AYES. Council Members: Kalmick, Landau, Moore, Steele, Sustarsic, NOES Council Members: None ABSENT: Council Members. None ABSTAIN: Council Members None Thomas Moore, Mayor -SEA/ k \\.J\acpaPogq�f� 9C A ST: k IptC)�, QCC' oria D. Harper, City Clerk %; ';A27 n'IJNT� �P STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7446 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular me ting held on the 25'h day of September, 2023. loria D. Harp , City Clerk +0411.•,.rN]P"\ r' Client#: 1722331 MORANTOW ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE 6/18/208/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CONTACT Matthew Green : USI Insurance Services, LLC PHONE 212 842-3700 FAX (A/C,No,Est): (AIC,No): 261 Madison Ave E-MAIL matthew.gre en@usi.com reen ADDRESS: g C New York, NY 10016 INSURER(S)AFFORDING COVERAGE NAIC a 212 842-3700 Markel Insurance Com an 38970 INSURER A: Company INSURED INSURER B:National Casualty Company 11991 Global Diving&Salvage,Inc. Signal SI Mutual Indemnity Assn.,Ltd. A56517 3840 W.Marginal Way SW INSURER C: 9 tY INSURER D:Endurance American Insurance Co. 10641 Seattle,WA 98106 Zurich American Insurance Company 16535 INSURER E: P Y INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP W D/Y LIMITS LTR INSR VD POLICY NUMBER (MM/DYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY X X GG2400004 02/20/2024 02/20/2025 EEAACCHq�OECCCpUR�RENCE $1,000,000 PR CLAIMS-MADE X OCCUR EMISES(EaEurrence) $1,000,000 MED EXP(Any one person) $1,000,000 PERSONAL 8 ADV INJURY $1,000,000 GENII AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR - POLICY I C;I E T LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ • E AUTOMOBILE LIABILITY X X BAP466909304 02/20/2024 02/20/2025(Ea acc Cent SINGLE LIMIT $2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X A RTOS ONLY X NO -OWNED PROPERTY DAMAGE _ _ AUTNOS ONLY (Per accident) $ X Drive Oth Car $ A UMBRELLA LIAR X OCCUR X X GI2400016 02/20/2024 02/20/2025 EACH OCCURRENCE $10,000,000 X EXCESS UAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X WCSIG35012205 10/01/2023 10/01/2024 X STATUTE_ ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Marine Hull X X GF2400014 02/20/2024 02/20/2025 Per Schedule C USL&H X 5542 10/01/2023 10/01/2024 Statutory D Excess Auto X X EXT30032565801 02/20/2024 02/20/2025 $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) General Liability Policy#GI2400015 noted above includes the following coverages Effective:02/20/2024 to 02/20/2025 $1,000,000 Marine Liability $1,000,000 Protection&Indemnity $1,000,000 Maritime Employers Liability (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF City of Seal Beach THE EXPIRATIONH DATE ABOVE THEREOF,,DESCRIBEDPOLICIES BE NOTICE WILL CBE C BEFOREELLED DELIVERED IN 211 8th Street ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach,CA 90740 AUTHORIZED REPRESENTATIVE ,AL' ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S45142046/M43744340 N LSZP DESCRIPTIONS (Continued from Page 1) Professional Liability Policy#PEC426194804/Zurich American Insurance Company/NAIC 16535 Effective: 02/20/2024 to 02/20/2025 $15,000,000 Per Claim $15,000,000 Aggregate Contractors Pollution Liability Policy#PEC426194804/Zurich American Insurance Company/NAIC 16535 Effective: 02/20/2024 to 02/20/2025 $25,000,000 Per Claim $25,000,000 Aggregate Vessel Pollution Policy#5781796/Water Quality Insurance Syndicate Effective: 02/20/2024 to 02/20/2025 $1,000,000 Per Occurrence RE: Response trailer for the Police Department. The General Liability,Automobile and Pollution Liability policies includes an automatic Additional Insured endorsement that provides Additional Insured status to Certificate Holder, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability,Automobile Liability, Pollution Liability and Workers Compensation policies provide a Blanket Waiver of Subrogation when required by written contract, except as prohibited by law. Primary& Non-Contributory are included. Excess Liability is follow form with respect to General Liability,Workers Compensation and USL&H Coverage SAGITTA 25.3(2016/03) 2 of 2 #S45142046/M43744340