Page 21 - _ 180314 Special Yucaipa GSA Packet

Grant Agreement No. 46000XXXX
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e) Fulfill its obligations under the Grant Agreement and be responsible for the performance of the
Project.
f) Obtain any and all permits, licenses, and approvals required for performing any work under this
Grant Agreement, including those necessary to perform design, construction, or operation and
maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

g) Be solely responsible for design, construction, and operation and maintenance of projects within the
work plan. Review or approval of plans, specifications, bid documents, or other construction
documents by State is solely for the purpose of proper administration of funds by State and shall
not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

h) Be solely responsible for all work and for persons or entities engaged in work performed pursuant to
this Grant Agreement, including, but not limited to, contractors, subcontractors, suppliers, and
providers of services. The Grantee shall be responsible for any and all disputes arising out of its
contracts for work on the Project, including but not limited to payment disputes with contractors and
subcontractors. The State will not mediate disputes between the Grantee and any other entity
concerning responsibility for performance of work.
D.19) GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with
the laws of the State of California.
D.20) INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts
(including any interest thereon) accruing to or received by the Grantee under this Agreement shall be
paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the
Grantee has been reimbursed by the State under this Agreement.
D.21) INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and
employees, free and harmless from any and all liabilities for any claims and damages (including inverse
condemnation) that may arise out of the Project and this Agreement, including, but not limited to any
claims or damages arising from planning, design, construction, maintenance and/or operation of this
Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to
name the State, its officers, agents and employees as additional insureds on their liability insurance for
activities undertaken pursuant to this Agreement.

D.22) INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance
of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents
of the State.
D.23) INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the
parties hereto and their duly authorized representatives shall have the right to inspect and to make
copies of any books, records, or reports of either party pertaining to this Grant Agreement or matters
related hereto. Each of the parties hereto shall maintain and shall make available at all times for such
inspection accurate records of all its costs, disbursements, and receipts with respect to its activities
under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be
considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or
take any other action it deems necessary to protect its interests.

D.24) INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being
performed at any and all reasonable times during the term of the Grant Agreement. This right shall
extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its
contracts or subcontracts entered into pursuant to its Grant Agreement with State.

D.25) LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor
Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this
Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The

Yucaipa Groundwater Sustainability Agency - March 14, 2018 - Page 21 of 226