staff summary for august 7-8, 2019 -...
TRANSCRIPT
Author: Susan Ashcraft 1
STAFF SUMMARY FOR AUGUST 7-8, 2019 Item No. 14
14. DEPARTMENT INFORMATIONAL ITEMS (TERRESTRIAL AND INLAND FISHERIES)
Today’s Item Information ☒ Action ☐
This is a standing agenda item to receive and discuss informational updates from DFW.
(A) Director’s report
(B) Law Enforcement Division
(C) Wildlife and Fisheries Division and Ecosystem Conservation Division Summary of Previous/Future Actions (N/A)
Background
Verbal reports are expected at the meeting for items (A) through (C).
(A) The director’s report will include items of interest since the last FGC meeting.
(B) The Law Enforcement Division (LED) report will announce the recipient of DFW’s Wildlife Officer of the Year award (to be presented under Agenda Item 24, on Day 2 of this meeting).
In addition, LED warns the public about fraudulent websites offering recreational angling and hunting license sales at inflated prices (exhibits B1 and B2).
(C) The Wildife and Fisheries Division and Ecosystem Conservation Division report will include an update on DFW efforts to eradicate nutria in California.
Funding opportunities: DFW is accepting applications for three grant programs designed to benefit habaitat preservation, restoration, and enhancement; available funding has been significantly augmented due to the passage of Proposition 68 in 2018.
California Waterfowl Habitat Program (CWHP): Landowners are invited to apply through Aug 30 to participate in CWHP (Exhibit C1). Established through legislation in 1987, CWHP provides technical guidance and economic incentives to private landowners who agree to manage their properties in accordance with a wetland management plan developed cooperatively by DFW biologists and participating landowners. Proposition 68 approved $10 million in new funding for the program.
Natural Community Conservation Planning Local Assistance Grant (NCCP LAG) Program: Applications are due Aug 23 for this program, which provides LAGs for local jurisdictions or other entities (e.g., public agencies, tribes, and non-profit organizations) that are implementing DFW-approved NCCPs (Exhibit C2). While funding averages $576,000 per year, this year up to $1.5 million of additional Proposition 68 funding is available specifically for restoration projects.
Wetlands Restoration for Greenhouse Gas (GHG) Reduction Program: DFW will award grants to restore or enhance wetlands to yield a net reduction in GHG emissions and provide important co-benefits, with pre-applications due
Author: Susan Ashcraft 2
STAFF SUMMARY FOR AUGUST 7-8, 2019 Item No. 14
Aug 13 and final applications due Oct 15 (Exhibit C3). Authorized through the California budget acts of 2017 and 2018, projects must be managed to maintain benefits for at least 50 years; total funding for the solicitation is approximately $12.75 million.
Significant Public Comments (N/A)
Recommendation (N/A)
Exhibits
B1. DFW news release: CDFW Warns Anglers and Hunters about Bogus License Sales Websites, Jul 8, 2019
B2. Frequently Asked Questions: Fishing and Hunting License Purchases Made via Unauthorized Websites (linked from Jul 8, 2019 news release)
C1. DFW news release: Landowners Invited to Participate in California Waterfowl Habitat Program, Jul 26, 2019, and FY 2019-2020 proposal solicitation notice
C2. DFW Natural Community Conservation Planning Local Assistance Grant Program Proposal Solicitation Package FY 2019-20
C3. DFW Wetlands Restoration for Greenhouse Gas Reduction Program web page, and 2019 proposal solicitation notice, accessed Jul 28, 2019
Motion/Direction (N/A)
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7/28/2019 CDFW Warns Anglers and Hunters about Bogus License Sales Websites | CDFW News
CDFW News
UNCATEGORIZED
CDFW Warns Anglers and Hunters about Bogus
License Sales Websites
JULY 8, 2019 | PTIRAWILDLIFE
The California Department of Fish and Wildlife (CDFW) has been made aware of several websites that improperly charge customers extra fees for online fishing and hunting license purchases and collect sensitive personal information as part of their unauthorized transactions.
California hunting and fishing licenses may properly be purchased in only one of four ways:
Through a CDFW license sales office (https://www.wildlife.ca.gov/Explore/Organization/LRB), Through an independent license sales agent (https://www.ca.wildlifelicense.com/internetsales/OutletSearch/FindOutlet) authorized by CDFW (such as a local sporting goods store, large discount store, or a bait and tackle shop), Online through CDFW’s Automated License Data System (https://www.ca.wildlifelicense.com/InternetSales/CustomerSearch/Begin) (ALDS), or Over the telephone through CDFW’s authorized Telephone Sales agent. Telephone Sales can be reached at (800) 565-1458.
The ALDS, which is CDFW’s exclusive means of online license sales, was launched in 2011. ALDS can be accessed via CDFW’s website or by clicking the link that is frequently provided in official communications from the department. When making an online purchase, please check the URL of the site you are visiting to ensure you are on the official CDFW website (www.wildlife.ca.gov (http://www.wildlife.ca.gov/)) or the ALDS website (www.ca.wildlifelicense.com/internetsales (http://www.ca.wildlifelicense.com/internetsales)). These are the only CDFW-affiliated links for hunting and fishing license sales.
Customers should be aware that there are many unofficial websites that attempt to represent the CDFW and/or contain information about hunting and fishing licenses, and Internet search engines may not always list the official CDFW website as the top result.
Please be cautious when providing personal information to any website. While authorized purchases made through independent license sales agents and ALDS are subject to an additional 5 percent handling fee, the fraudulent sales websites offer products for sale with “shipping and handling fees” that are much higher than 5 percent of the base purchase price. To date, it appears that the fraudulent activity has been limited to charging customers unauthorized fees. Licenses that have been mailed to customers after unauthorized transactions may be valid; however, CDFW cannot guarantee that this is or will be true in all cases.
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7/28/2019 CDFW Warns Anglers and Hunters about Bogus License Sales Websites | CDFW News
If you believe you may have been defrauded by an unauthorized website or would like to check the validity of a previous purchase, please provide us with information about your experience at [email protected] (mailto:[email protected]).
Media Contact:
Jordan Traverso (mailto:[email protected]), CDFW Communications, (916) 654-9937.
More Information:
Frequently Asked Questions (http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=170649)
California Department of Fish and Wildlife: http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=170649
Frequently Asked Questions: Fishing and Hunting License Purchases Made via Unauthorized Websites
What are the legal, authorized ways to purchase a California hunting or fishing license?
California hunting and fishing licenses are issued by the California Department of Fish and Wildlife (CDFW), and can properly be purchased in one of only four ways:
• In person, through a CDFW license sales office. These can be found at
www.wildlife.ca.gov/Explore/Organization/LRB.
• In person, through an independent license sales agent authorized by CDFW (such as a local
sporting goods store, large discount store, or a bait and tackle shop). Agents can be found at
www.ca.wildlifelicense.com/internetsales/OutletSearch/FindOutlet.
• Online through CDFW’s Automated License Data System (ALDS). ALDS can be found at
www.ca.wildlifelicense.com/InternetSales/CustomerSearch/Begin.
• Over the telephone, through CDFW’s authorized Telephone Sales agent. Telephone Sales can be reached at (800) 565-1458.
What is ALDS?
Launched in 2011, ALDS (also referred to as CDFW’s Online License Sales and Service) is CDFW’s only authorized online sales system. Customers can make secure online purchases through ALDS 24 hours a day, 7 days a week. The ALDS website, www.ca.wildlifelicense.com/internetsales, has a separate website URL than the main CDFW website, www.wildlife.ca.gov, but the two websites are linked, and both are authorized.
How can I tell the difference between an unauthorized license sales website and ALDS (the real one)?
When making an online purchase, please check the URL of the site you are visiting to ensure you are on either the official CDFW website (www.wildlife.ca.gov) or ALDS (www.ca.wildlifelicense.com/internetsales). These are the only authorized, CDFW-affiliated links for California hunting and fishing license sales.
Please note that an authorized website will never ask for your social security number as part of a hunting or fishing license purchase.
Has ALDS been hacked and, if so, what is CDFW doing to protect my information?
ALDS has not been hacked and the integrity of the system remains uncompromised. The unauthorized websites appear to be brokering licenses, i.e., using personal information (birthdates, social security numbers, credit card information and other identifying information) provided by customers to purchase valid licenses from CDFW on the customers’ behalf.
How many unauthorized websites are selling California fishing and hunting licenses?
California Department of Fish and Wildlife: http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=170649
CDFW is currently investigating several unauthorized websites that are offering California hunting and fishing licenses for sale, including onlinefishinglicense.com, fishinglicense-usa.com, and huntinglicense.online. Please do not consider this a complete list. CDFW’s investigation may uncover additional unauthorized websites.
What actions has CDFW taken to combat the unauthorized sites so far?
CDFW is committed to preserving the integrity of product sales and protecting our state’s hunters and anglers from fraud. We are actively investigating this matter and pursuing remedies. As of July 8, CDFW is in the process of doing the following:
• Issuing Cease and Desist letters to the operators of the fraudulent sites.
• Contacting Google, Yahoo and Bing to request that ads for the fraudulent sites be discontinued and removed from customer search results.
• Issuing warnings to the public using CDFW’s social media channels, the syndicated “California Outdoors” Q&A column, direct email (Angler and Hunter Updates) and other outreach methods.
• Issuing an investigative inquiry to the State Attorney General’s Office.
• Networking with other state agencies that have had similar experiences with fraudulent website operators.
I typed “buy a fishing license” into a search engine and followed the top link to purchase a license. Does that mean it was a legitimate website?
No. Internet search engines sell advertising, and fraudulent website operators frequently purchase advertising on Internet search engines to reach the top search results. For this reason, CDFW’s official website may not populate as the top result when customers search for key terms or phrases such as “California fishing license” or “buy a fishing license.”
If you use a search engine and find a link to an unauthorized site, please consider reporting the link directly to the search engine:
• Google (https://support.google.com/google-ads/contact/vio_other_aw_policy)
• Bing (https://about.ads.microsoft.com/en-us/resources/policies/report-spam-form)
Reporting this information may help thwart the fraudulent website operators and prevent other individuals from being scammed.
If I was overcharged for a license purchased on an unauthorized website, can I get a refund?
CDFW cannot refund fees collected by fraudulent website operators. However, your bank and/or credit card company may offer recourse if you have been defrauded. Please contact your bank and/or credit card company directly to see what options might be available to you.
I bought a fishing license online, and it cost more than what my neighbor paid for the same license at a CDFW office. Did I get scammed?
California Department of Fish and Wildlife: http://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=170649
Not necessarily. Authorized purchases made through ALDS are subject to an additional 5 percent handling fee, as are purchases made from authorized independent license sales agents (brick and mortar businesses including bait shops, sporting goods stores, big box stores, etc.). The difference is that the unauthorized websites tack on shipping fees and possibly other “convenience” fees, so customers who make purchases through these websites end up paying much more than 5 percent over the base price of their purchase.
Licenses and other items bought online through ALDS or in person from authorized independent license sales agents are never subject to shipping fees or any other fees beyond the 5 percent handling fee.
Purchases made in person at CDFW license sales offices are not subject to the 5 percent handling fee or any other additional fees.
I recently bought a license online through one of the unauthorized sites. I later received the license in the mail. Is it fake?
Not necessarily. To date, it appears that the unauthorized websites are brokering licenses, i.e., using customer-provided personal information (birthdates, social security numbers, credit card information and other identifying information) to purchase valid licenses from CDFW on customers’ behalf.
While the licenses that were mailed to customers may be authentic, the customers were overcharged, with some total purchase prices exceeding a 100 percent markup. Customers could also be at risk of future fraud or identity theft, as they have provided their personal information to the website operators.
How can I make sure that the license I purchased isn’t fake?
If you think you may have made a purchase through an unauthorized website, please send an email containing your phone number to [email protected]. CDFW staff will contact you for further information. You can also contact, in-person or using a telephone, a CDFW license sales office to check the validity of your recent purchase. CDFW staff can look up your customer profile in ALDS and identify purchases made under your profile. A list of CDFW license sales offices is available at www.wildlife.ca.gov/Explore/Organization/LRB.
I entered personally identifiable information into a potentially fraudulent website. What steps should I take to protect my identity?
Identity theft is someone obtaining personal information (such as your name, social security number, driver license number, credit card number or banking information) and using it for an unlawful purpose. Everyday citizens, business owners, well-known celebrities and children all fall prey to identity theft. In California, all forms of identity theft are crimes (Penal Code section 530.5 et. seq.).
These resources offer guidance on how to protect yourself from identity theft and provide information about what to do if your identity has been stolen:
• California Department of Justice - https://oag.ca.gov/idtheft
• California Department of Motor Vehicles - www.dmv.ca.gov/portal/dmv/detail/consumer/fraud
• Federal Trade Commission - www.consumer.ftc.gov/topics/identity-theft
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7/28/2019 Landowners Invited to Participate in California Waterfowl Habitat Program | CDFW News
CDFW News
CONSERVATION EDUCATION, ENVIRONMENTAL SCIENCE, HABITAT CONSERVATION, HUNTING, PUBLIC PARTICIPATION, WATERFOWL, WILDLIFE PROTECTION
Landowners Invited to Participate in California
Waterfowl Habitat Program
JULY 26, 2019 | KMACINTY
The California Department of Fish and Wildlife (CDFW) is now accepting applications from landowners for the California Waterfowl Habitat Program (CWHP). The CWHP provides technical guidance and economic incentives to private landowners who agree to manage their properties in accordance with a wetland management plan developed cooperatively by CDFW biologists and participating landowners.
In response to the loss of wetland habitat in California, the Legislature passed the California Waterfowl Habitat Preservation Act in 1987. This Act established the CWHP, a multi-faceted wetland incentive program designed to improve habitat conditions for waterfowl on private lands. Consistent with its primary waterfowl habitat objectives, the program also endeavors to enhance habitat for shorebirds, wading birds and other wetland-dependent species. The program has remained very popular with
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7/28/2019 Landowners Invited to Participate in California Waterfowl Habitat Program | CDFW News
existing enrollees, but lack of adequate funding has limited CDFW’s ability to enroll new properties since the mid-2000s. The passing of Proposition 68 in 2018 approved $10 million in new funding for the program.
The program is designed to contribute to large-scale conservation objectives by helping private landowners overcome many of the challenges associated with wetland management in California.
Approximately two-thirds of the managed wetlands in the Central Valley are privately owned, and many of these landowners are not trained in the science, policy or regulation of wetland management. In addition to guidance offered by CDFW biologists, landowners also receive an incentive payment following the successful implementation of work plans. The program offers $30 per acre for the management of seasonal wetlands ($60/acre in the Tulare basin) and $60 per acre for the management of semi-permanent wetlands statewide.
“Partnerships with private landowners, such as those developed through the California Waterfowl Habitat Program, are critical to ensuring our waterfowl and other wetland dependent species habitat objectives are met,” said CDFW’s Comprehensive Wetland Habitat Program Coordinator, Brian Olson. “We truly value the relationships developed with private landowners, and appreciate their efforts in helping provide for the needs of California’s fish and wildlife.”
Landowners have until Aug. 30 to apply. For more information on the program, or to submit an application, please visitwww.wildlife.ca.gov/lands/cwhp/private-lands-programs/waterfowl-habitat (http://www.wildlife.ca.gov/lands/cwhp/private-lands-programs/waterfowl-habitat).
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Media Contacts:
Brian Olson (mailto:[email protected]), CDFW Comprehensive Wetland Habitat Program, (916) 445- 3486 Kirsten Macintyre (mailto:[email protected]), CDFW Communications, (916) 322-8988
HABITAT PROTECTION HABITAT RESTORATION WATERFOWL WETLANDS
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California Waterfowl Habitat Program
Proposal Solicitation Notice Fiscal Year 2019-2020
Proposals due August 30, 2019
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Table of Contents
1.1 BACKGROUND ........................................................................................................ 3
1.2 Solicitation Schedule ....................................................................................... 5
1.3 Eligible Entities ................................................................................................ 6
2.1 FOCUS ..................................................................................................................... 7
2.2 Priorities for Funding ....................................................................................... 7
3.1 SUBMITTAL REQUIREMENTS ............................................................................... 7
3.2 Proposal Application ........................................................................................ 7
3.3 Proposal Submittal .......................................................................................... 7
4.1 REVIEW PROCESS ................................................................................................. 8
4.2 Administrative Review ..................................................................................... 8
4.3 Technical Review ............................................................................................ 8
4.4 Disadvantaged Communities ........................................................................... 8
5.1 ADDITIONAL INFORMATION IF FUNDED .............................................................. 9
5.2 Awards ............................................................................................................ 9
Tables
Table 1: Proposal Solicitation Schedule ......................................................................... 6
Table 2: Administrative Review Criteria .......................................................................... 8
Appendices
Appendix A: Proposal Application Form and Instructions ............................................. 12
Appendix B: Technical Review Criteria ......................................................................... 14
Appendix C: California Waterfowl Habitat Program Exemption Areas .......................... 19
Appendix D: Example of Standard Agreement (STD 213) ............................................ 25
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1.1 BACKGROUND
In response to the widespread loss of wetland habitat in the Central Valley, the California
Legislature passed the California Waterfowl Habitat Preservation Act in 1987. The Act
established the California Waterfowl Habitat Program (CWHP) (Section 3460, Fish and
Game Code), a multi-faceted wetland incentive program designed to improve habitat
conditions for waterfowl on private lands. Consistent with its primary waterfowl habitat
objectives, the program also endeavors to enhance habitat for shorebirds, wading birds,
and other wetland-dependent species.
The CWHP provides technical guidance and economic incentives to landowners who
agree to manage their properties in accordance with a wetland management plan
cooperatively developed between landowners and California Department of Fish and
Wildlife wetland biologists within the Comprehensive Wetland Habitat Program
(hereinafter referred to as CDFW). Management plans typically require landowners to
implement moist-soil management practices that encourage seed producing plants relied
upon by wintering waterfowl. This includes tasks such as drawing wetland units down at
appropriate times and rates for desired plant species, circulating fresh water through
wetlands during the late winter when necessary, providing spring and summer irrigations
to enhance moist-soil seed production, and discing (manipulating successional stage of
wetland) as needed to meet wetland habitat goals. CDFW also integrates reverse-cycle
wetlands (flooded minimum of April 1st to August 1st) or semi-permanent wetlands
(flooded minimum of December 1st to August 1st), upland habitat maintenance (weed
control), and riparian habitat maintenance into plans as appropriate.
The program pays landowners an incentive of $30/acre ($60/acre in the Tulare Basin)
annually for the management of traditional (fall and winter-flooded) seasonal wetlands
and uplands, and $60/acre for the management of semi-permanent and reverse-cycle
(spring and summer-flooded) wetlands. The CWHP Standard Agreement (i.e. the State
contract) is a non-negotiable contract that must be signed by all program participants.
Each final contract will include a site-specific management plan (referred to above) that
is cooperatively developed by CDFW and the landowner. As required by Section 3461
of Fish and Game Code, each agreement is for 10-years in duration. Enrollment is
limited to a maximum of 750 acres per property.
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The Management Plan and Annual Work Plans
CDFW’s process for developing and monitoring CWHP management plans is described
below. These plans are tailored to allow for adaptive habitat management as wetland
conditions change or new resource information becomes available.
The Framework Management Plan
Upon enrollment of each property, CDFW wetland biologists write a geographically
generic management plan that addresses regional, regulatory, and physical constraints
of the property. These “framework” management plans provide immediate and long-
term direction for wetland management on the property by specifying both the current
acreage requirement for each habitat type, and the level of habitat management
required. Within the limits specified in the plan, the State, in any given year, can
establish enforceable requirements for discing, irrigation, and summer (brood) water to
create an ideal mix of habitats. Thus, management objectives may vary from year to
year.
The framework plan allows the State to adapt to changing wetland habitat conditions by
altering annual wetland management requirements. For example, discing may be
required as it becomes necessary to control undesirable plant species or rejuvenate
moist-soil plant communities. In general, the framework plan establishes the range of
habitat management requirements that may be required of the landowner in any given
year.
Annual Work Plans
Each spring, CDFW staff will assess wetland conditions and prescribe specific habitat
management actions within the framework established in the management plan. The
annual spring site visit and subsequent Annual Work Plan provide a means for the State
and the landowner to address current wetland management issues, and to reach
agreement on management practices to be carried out that year. Upon receiving the
Annual Work Plan, the landowner is responsible for implementation of all required items
in accordance with the schedule provided. CDFW biologists provide additional technical
assistance during the spring and summer if requested by the landowner.
CDFW monitors compliance of these plans by utilizing satellite imagery, aircraft, and in-
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person site visits. In August and September, CDFW will again meet with landowners to
examine wetland habitat conditions in-person, assess the level of compliance with the
Annual Work Plan, and develop tentative plans for the following year. This late-summer
meeting is an excellent forum for discussing wetland management ideas and potential
partnerships for habitat improvement projects, such as those funded by the U.S. Fish and
Wildlife Service Partners for Wildlife Program, Ducks Unlimited, California Waterfowl
Association, Wildlife Conservation Board, or the North American Wetlands Conservation
Act.
Areas prioritized for funding and subsequent management of wetlands within each region
are guided by goals outlined in the most recent implementation plan of the Central Valley
Joint Venture (CVJV). The CVJV (http://centralvalleyjointventure.org) is a coalition of 21
state and federal agencies, and private conservation organizations. This partnership
directs efforts toward the common goal of providing for the habitat needs of migrating and
resident birds in the Central Valley of California. Many of these goals are stepped-down
from continental scale conservation documents such as the North American Waterfowl
Management Plan (https://www.fws.gov/birds/management/bird-management-
plans/north-american-waterfowl-management-plan.php). Utilizing the CVJV
Implementation Plan as a guiding document ensures that program priorities are
consistent with state policy, current CVJV objectives, and the goals outlined in
continental-scale conservation documents. The CVJV Implementation Plan is currently
under revision. If a new plan is adopted during the terms of this program, the revised plan
will help guide program priorities.
A competitive ranking process has been developed, and will be used to determine which
properties are enrolled in the program (see Appendix B). Proposition 68 provided
$10,000,000 in funding for the program (PRC § 80132(c)). A total of up to $7,990,000 of
CWHP funds will be available for new agreements under this proposal solicitation notice
(up to $799,000/year). The remaining funding will be used to plan, monitor, and administer
the program.
1.2 Solicitation Schedule
The timeline for implementation appears in Table 1. Applicants should anticipate a Project
start date no sooner than March 1st following the solicitation.
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Table 1: Proposal Solicitation Schedule
Activity Schedule
Draft Solicitation released for public comment June 21, 2019
Solicitation Released July 26, 2019
Proposals due by 4:00 PM (Pacific Daylight Time) August 30, 2019
Proposal/Property Evaluations July 29 – October 11, 2019
Committee review and selection October 14 – 18, 2019
Award notifications distributed October 25, 2019
1.3 Eligible entities
All private landowners that have manageable wetlands (those that contain water control
structures and conveyance to add and remove water), are eligible for funding under this
solicitation. Parcels with CDFW easements, Wetland Reserve Program properties with
CDFW management agreements, and properties with other management agreements
that overlap with requirements of CWHP are not eligible. Proposals from federal agencies
or other public entities are also not eligible. Proposals must be for contiguous properties
over 40 acres in size, and able to contribute to at least two of the program priorities
identified below:
1) Prescribed management will enhance the energetic value and diversity of desired
wetland plants occurring within seasonal wetlands.
2) Prescribed management will increase the abundance and diversity of summer
wetlands (those flooded a minimum of April 1st to August 1st) and perennial
grasslands.
3) Prescribed management will increase availability of late-winter and early-spring
wetlands.
Properties located within 5 miles of an active airport operation area on a military base or
international airport will not be considered for enrollment under this program (see
Appendix C for maps and descriptions of closure boundaries).
Private landowners listed on either the Top 500 Sales & Use Tax Delinquencies in
California list or the Top 500 Delinquent Taxpayers list pursuant to Section 7063 or 19195
of the Revenue and Taxation Code will not be considered for funding.
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2.1 FOCUS
All Projects funded by CDFW under this solicitation must fall within the list of priorities
described below.
2.2 Priorities for Funding
CDFW is soliciting proposals from eligible landowners who own properties with
manageable wetlands (have adequate water control structures to supply and drain water)
and are greater than 40 acres in size. A scoring worksheet will be used to select properties
for enrollment in the program (see Appendix B). Properties will be selected based upon
ability to perform management actions that contribute to conservation priorities identified
by CDFW. Properties best able to contribute to CDFW goals (as identified by CVJV plan),
will be prioritized for funding under this solicitation.
3.1 SUBMITTAL REQUIREMENTS
All proposals received must meet the requirements listed below.
3.2 Proposal Application
All information identified in the application form and instructions (Appendix A) is
mandatory. Proposals shall include a complete application form and field map of the
parcels proposed for enrollment (see application form for details).
3.3 Proposal Submittal
The due date for submittal of proposals to request funding is Friday, August 30, 2019.
Applications may be submitted by email to [email protected] with the subject line
title of "2019 CWHP Application”. Hard copy applications shall be addressed to:
California Department of Fish and Wildlife
Wildlife Branch
ATTN: 2019 CWHP Proposal
P.O. Box 944209
Sacramento, CA 94299-0002
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All hard-copy applications must have a U.S. POSTAL SERVICE POSTMARK dated no
later than August 30, 2019. Proposals delivered by any other means (FEDEX, U.P.S.,
etc.) including hand delivery must be received no later than 4:00 p.m. August 30, 2019.
Hand delivered applications shall be taken to 1812 9th St, Sacramento, CA. For general
questions regarding this PSN, please contact Helen Swagerty at 916-445-3561 or
[email protected], or Brian Olson at 916-445-3486 or
4.1 REVIEW PROCESS
4.2 Administrative Review
An administrative review will determine if the proposal package is complete and meets all
the requirements for submittal (Table 2). This review will use a “Pass/Fail” scoring
method. Those proposals which receive a rating of “Fail” will be considered incomplete
and will not be considered for this funding cycle.
Table 2: Administrative Review Criteria
Criteria Score
All components are included and completed in the required
formats (□ application, □ map, □ water rights and/or availability. Pass/Fail
Applicant is an eligible entity. Pass/Fail
Proposal is received by the deadline. Pass/Fail
Proposal is responsive to at least two Program priorities. Pass/Fail
4.3 Technical review and selection
Following administrative review, technical reviewers will evaluate each proposal based
on the Criteria in Appendix B. Each criterion is scored by at least two technical reviewers
consisting of, but not limited to: the CDFW Comprehensive Wetland Habitat Program
(CWHP) Coordinator, CWHP biologists/staff, CDFW Waterfowl Program staff, and other
CDFW biologists. The final score for each proposal will be based on the total of the
criterion scores.
4.4 Disadvantaged Communities
Proposition 68 requires that at least 15 percent of the funds available pursuant to
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Chapter 10 be allocated to projects serving severely disadvantaged communities. A
severely disadvantaged community is defined as a community with a median household
income less than 60 percent of the statewide average (PRC § 80002[n]). If your proposal
passes administrative review, CDFW can help determine whether your property is within
a disadvantaged community during our on-site visit.
A tool to determine if your property falls within a disadvantaged community is the
Community FactFinder (https://www.parksforcalifornia.org/communities). The
Department of Water Resources also created a tool for Proposition 84 and Proposition 1.
It can be found at https://gis.water.ca.gov/app/dacs/.
5.1 ADDITIONAL INFORMATION IF FUNDED
5.2 Awards
Successful applicants will receive an award letter officially notifying them of their proposal
selection, the agreement amount, and the number of acres selected for enrollment.
Contract development will begin following the announcement of awards. Contracts are
not considered executed until signed by both the authorized representative of the
recipient and CDFW. Work performed prior to the start date of an agreement will not be
reimbursed.
This Proposal Solicitation Notice (PSN) includes a Sample Standard Agreement (Sample
Standard Agreement STD 213) for review (see Appendix D). The Sample Standard
Agreement contains language that the CDFW expects to utilize for contracts awarded
under this PSN.
The State does not accept alternate contract language from a prospective Contractor.
Proposals with such alternate language will be considered a counter proposal and will be
rejected. The State’s General Terms and Conditions are not negotiable.
Please note that successful applicants will also be required to complete, sign, and return
the following additional forms when projects are approved for funding. Do not submit
these forms with your initial proposal. These additional forms may include, but not
necessarily be limited to, the following:
10
Payee Data Record form (STD. 204)
Contractor Certification Clauses (CCC 307)
California Civil Rights Certification Attachment
Responsibility of the Recipient
Successful applicants will be responsible for carrying out the terms of the contract, and
invoicing CDFW for incentive payments.
Invoicing and Payments
Agreements will be structured to provide for payment in arrears of work performed. Funds
are only disbursed after full execution of an agreement between CDFW and the project
applicant. Payments will be made on an annual basis, contingent upon the completion of
work as outlined in the annual work plan. Once work has been completed, and CDFW
has confirmed performance, landowners may invoice the department for the full incentive
payment.
For all required invoicing and payment requirements please refer to Exhibit B within
Appendix D, Budget Detail and Payment Provisions, which are attached as part of the
Sample STD 213 Standard Agreement.
Loss of Funding
Circumstances that may lead to suspension or cancellation of a contract include, but are
not limited to:
Lack of appropriated funds;
Executive order directing suspension or cancellation of projects;
Failure to complete the management actions as outlined in contract, management
plan, or the annual work plan;
Failure to comply with pertinent laws
11
References CENTRAL VALLEY JOINT VENTURE. 2006. Central Valley Joint Venture
Implementation Plan – Conserving Bird Habitat. United States Fish and Wildlife Service.
Sacramento, California, USA
12
Appendix A
CALIFORNIA WATERFOWL HABITAT PROGRAM Application Form
Completion of all fields of the proposal application is required, except where noted.
Please use the format below for submittal. Applicants shall attach a detailed map of
acres proposed for enrollment and list water rights/source associated with
proposed property on the application form. If water rights are consistent with
rights of a water district, please list water district below. If not, please provide a
copy of the water rights or other document illustrating water availability of
proposed property. CDFW requests that the field map is illustrated as necessary
to explain the current water conveyance system in place on the property. This
map should include depictions of the location of any wetlands, levees, lift pumps,
wells, water control structures, and if applicable, natural upland or cropland
areas.
Date:
Property Name:
Property Location (Northeast CA, Sacramento Valley, Delta, Suisun, San Joaquin Valley, Tulare Basin, Southern CA, Coast, Other):_
Property Owner(s):
Total Acreage Proposed for enrollment:
Total Wetland Acreage of Proposed Parcel (if known):_
Water District or Water Source of Proposed Parcel:
County(ies):
Legal Description: Section(s) Township_ Range
Assessor’s Parcel Numbers (APN’s)
13
Is property located within a severely disadvantaged community (Y/N/Unk)?:
Participation in Other State, Federal, or Private Conservation Programs/Partnerships
(Easements, Partners for Fish and Wildlife, EQIP, BirdReturns, etc):
Name of Person Designated to Sign Contract:
Title (President, Secretary, Owner, etc.):
Address:
Phone #:
E-mail address:
Type of Ownership (Partnership, Corporation, Sole Owner, etc):
Name of Contact for property (if different than above):
Address:
Phone #:
□ Please check if interested in learning more about CDFW’s Shared Habitat Alliance for Recreational Enhancement (SHARE) program. This program compensates landowners up to $30/acre (in addition to CWHP payment) and provides liability protection to those who are willing to allow restricted public access for wildlife- dependent recreation (e.g. hunting and birdwatching).
14
Appendix B
California Waterfowl Habitat Program - Phase V Scoring Worksheet (to be completed by CDFW personnel during initial site visit)
Date:
Property Name:
County:
Contact Name & Phone #:
Total Acreage:
Total Wetland Acreage:
Seasonal: Semi-perm: Perm: Upland: Riparian (Y/N):
Evaluators:
No. Factor Max. Pts. Score
1. Severely Disadvantaged Community (Y/N)
2. Consistency w/ CWHP Goals 30
3. Water Rights and/or Availability 30
4. Habitat Management Suitability 45
5. Habitat Management Infrastructure 30
6. Size of Offering 30
7. Proximity to Other CWHP Properties 25
8. Connectivity with Surrounding Habitat 20
9. Compatibility w/ Surrounding Land Use(s) 20
10. Operations and Management Support/Capability 30
11. Current Habitat Resource Needs 40
12. Potential for Net Gain in Resource Availability 30
TOTAL 330
Final Score:
15
California Waterfowl Habitat Program – Scoring Worksheet
Date: Property:
1. Is property located within a severely disadvantaged community (Y/N)?
2. Consistency with the goals of the California Waterfowl Habitat Program (max. 30 points):
Note: Include all that are applicable.
10 points Property has the potential to provide diverse and productive seasonal wetlands
10 points Property has the potential to provide diverse and productive summer wetlands (semi-permanent, reverse cycle, and/or permanent wetlands)
10 points Property has the potential to provide diverse upland habitat (grasslands, riparian, etc).
3. Water Rights and Availability (max. 30 points):
30 points CVPIA, pre-1914, or riparian water right to manage wetlands optimally year-round
25 points High Reliability and availability to manage optimally* 15 points Property has deep wells of sufficient quantity, quality, and
cost to manage wetlands optimally. 10 points Moderate Reliability and availability*
5 points Low Reliability* 5 points Property has only deep wells, however, timing, cost, water
quantity, and/or water quality may be restrictive to wetland management.
0 points Property does not have the potential to receive water of sufficient timeliness, quantity, quality, and/or cost.
*based on the definitions and map boundaries of the Central Valley Wetland Water Investigation Report (http://www.centralvalleyjointventure.org/assets/pdf/Central_Valley_Wetlands_W ater_Supply_Investigations_final_report_2000.pdf)
16
4. Habitat Management Suitability Factors - How well do existing features support active management? (max. 45 points)
Wetland layout none-0 low-5 med.-10 high-15
Topography
none-0
low-5
med.-10
high-15
Natural features, unique habitat values,
none-0
low-5
med.-10
high-15
and/or manageable uplands
5. Habitat Management Infrastructure (max. 30 points)
30 points Wetland management can be optimally conducted without the construction of any additional water delivery or drainage improvements.
30 points Wetland management infrastructure is suitable for unique
habitats or geographic location (e.g. Butte Sink locale). 20 points Wetland management can be optimally conducted with the
construction of only minor water delivery or drainage improvements (CWHP contract will be modified to reflect landowner’s commitment to make needed changes).
0 points Wetland management cannot be optimally conducted without the construction of major water delivery or drainage improvements.
6. Size of Offering* (max. 30 points):
30 points 200-500 acres 20 points 100-200 or 500-750 acres 10 points <100 acres
*Maximum enrollment is 750 acres
17
7. Proximity to other CWHP managed properties (max. 25 points):
25 points Property is adjacent to CDFW owned properties, or properties under management by the Comprehensive Wetland Habitat Program such that program administration is effective, and multiple wetlands can be managed on a landscape level to encourage larger scale corridors.
20 points Property is located in close proximity (<2 miles) to other CDFW properties or those under management by the Comprehensive Wetland Habitat Program such that program administration is effective and multiple wetlands can be managed on a landscape level.
15 points Property is located in the general vicinity (2-5 miles) to other CDFW/CWHP properties such that program administration is benefited.
0 points Property is not located in the general vicinity to other CDFW/CWHP properties.
8. Connectivity with Surrounding Habitat(s) (max. 20 points):
Natural habitat (20 pts.) X % coverage = pts. Beneficial agriculture (10 pts.) X % coverage = pts. Non-beneficial agriculture (0 pts.) X % coverage = pts. Urban land use (0 pts.) X % coverage = pts.
9. Compatibility of Property with Adjacent Land Use(s) (max. 20 points):
20 points Anticipated habitat management will be compatible with current surrounding land use.
0 points Anticipated habitat management may potentially conflict with current surrounding land use (e.g. urban centers or incompatible agriculture such as alfalfa, winter wheat, or potatoes).
18
10. Operations and Management Support (max. 30 points):
30 points Property has a local manager with demonstrated wetland management ability or an ownership that has clearly demonstrated the ability to manage wetlands in a manner consistent with the goals of the CWHP.
15 points Property has a local manager or an ownership that has clearly demonstrated a commitment to conduct wetland management in a manner consistent with the goals of the CWHP.
5 points Property has conducted minimal past wetland management. 0 points Property has no prior history of wetland management.
11. Current habitat resource needs as identified by CDFW/CVJV (max. 40 points):
40 points Landowner is willing to manage ≥20% of the property as summer wetlands (semi-perm or reverse cycle), has nearby uplands (>40 acres) within ½ mile, and adequate water/conveyance to implement has been confirmed.
20 points Landowner is willing to manage ≥10% of the property as summer wetlands (semi-perm or reverse cycle), has nearby uplands, and adequate conveyance to implement has been confirmed.
20 points Property is located in the Tulare Basin.
0 points Landowner is not willing to manage for summer wetlands and not located in Tulare Basin.
12. Potential for net gain in resource availability (max. 30 points):
30 points Prescribed management would increase moist-soil seed production ≥200% across seasonal wetlands, create ≥40 acres of semi-permanent or reverse-cycle wetlands, or enhance ≥40 acres of grassland onsite.
15 points Prescribed management would increase moist-soil seed production 50-200% across seasonal wetlands, create ≥20 acres of semi-permanent or reverse-cycle wetlands, or enhance ≥20 acres of grassland onsite.
0 points Prescribed management would increase moist-soil seed production <50% across seasonal wetlands, create <20 acres of semi-permanent or reverse-cycle wetlands, or enhance <20 acres of grassland onsite.
19
Appendix C – Closures around Beale and Travis Air Force Bases, and Sacramento International Airport
20
Description of closure around Beale AFB: Landowners within the following area around Beale AFB are not eligible for enrollment
in the program: Starting at intersection of B St and Hwy 70 in Marysville, north along
Hwy 70 to intersection of East 24th St, northeast on East 24th St to Sampson St, north
on Sampson St to 25th St, east on 25th St to Covillaud St, north on Covillaud St to E 26th
St, north on E 26th St to Jack Slough Rd, northeast on Jack Slough Rd to Kimball Ln,
east-northeast along Kimball Ln to Woodruff Ln, east on Woodruff Ln to Hwy 20, east
on Hwy 20 to Loma Rica Rd, north on Loma Rica Rd to Las Quintas Way, east on Las
Quintas Way to intersection of Las Quintas Way and Miller Ln, directly east from
intersection of Las Quintas Way and Miller Lane to Spring Valley Rd, northeast along
Spring Valley Rd to Marysville Rd, south on Marysville Rd to Hwy 20, east on Hwy 20 to
Yuba/Nevada county line, south along Yuba/Nevada county line to Yuba/Placer county
line, west along Yuba/Placer county line to Hwy 65, north on Hwy 65 to Hwy 70, north
on Hwy 70 to starting point (intersection of B St and Hwy 70 in Marysville).
California Waterfowl
Habitat Program Exemption Area
Sacramento International Airport
C)ExemptionArea
0 0.5 1Miles
21
22
Description of closure boundary around Sacramento International Airport Landowners within the following area around Sacramento International Airport are not eligible for enrollment in the program: Starting at intersection of County Rd 102 and I-5 in Woodland, north along County Rd 102 to County Rd 16, east along County Rd 16 to lat 38.748606, long -121.692770, north from this location to lat 38.756079, long - 121.692520, east from this location to lat 38.755897, long -121.683260, north from this location to the intersection of Gifford and Karnak Rd, east from this location to intersection of Karnak and Reclamation Rd, north on Reclamation Rd to lat 38.795426, long -121.667517, east from this location to intersection with Howsley Rd, northeast along Howsley Rd to intersection of Howsley Rd and Hwy 99, south along Hwy 99 to lat 38.790431, long -121.543709, east from this location to lat 38.790743, long - 121.516103, south from this location to Sankey Rd (lat 38.779899, long -121.516117), east along Sankey Rd to Pleasant Grove Rd, south on Pleasant Grove Rd to West Riego Rd/Baseline Rd, east on West Riego/Baseline Rd to Watt Ave, south on Watt Ave to I-80, west on I-80 to Harbor Blvd, north on Harbor Blvd to Tule Jake Rd, SW on Tule Jake Rd to lat 38.594522, long -121.586753, west from this location to 38.595072 (Levee Rd), north along Levee Rd to lat 38.604024, long -121.634957, west from this location to lat 38.604068, long -121.674340, north from this location to lat 38.618418, long -121.674104, west from this location to intersection of County Rd 27 and County Rd 103, north on County Rd 103 to County Rd 25, west on County Rd 25 to County Rd 102, and north and County Rd 102 to starting point (intersection of County Rd 102 and I-5 in Woodland).
23
24
Description of closure around Travis AFB: Landowners within the following area around Travis AFB are not eligible for enrollment in the program: Starting at intersection of Cordelia Rd and Orehr Rd, west to Beck Ave, north along Beck Ave to Interstate 80, northeast along Interstate 80 to Allison Dr, southeast along Allison Dr to Ulatis Dr, east on Ulatis Dr to Leisure Town Rd, north on Leisure Town Rd to Hawkins Rd, east on Hawkins Rd to Hwy 113, south on Hwy 113 to lat 38.337911, long -121.823181, southeast along unnamed drain to Salem Rd, south/southeast along Salem Rd/levee Rd to Calhoun Cut, west along Calhoun cut to Hwy 113, south on Hwy 113 to Hwy 12, west on Hwy 12 to Little Honker Bay Rr, west on Little Honker Bay Rd to Shiloh Rd, south on Shiloh Rd to lat 38.173533, long -121.889251, west from this point to lat 38.173076, long -121.927699, south west from this point along Little Honker Bay slough to Montezuma Slough, west along Montezuma Slough to lat 38.170139, long -121.946445, west from this point to lat 38.169949, long -121.961332, southwest from this point along unnamed slough to lat 38.167224, long -121.966575, northwest from this point along unnamed Levee Rd to Grizzly Island Rd, southwest along Grizzly island Rd and unnamed Levee Rd to Island Slough, northwest along Island Slough to lat 38.170641, long -121.984788, southwest along unnamed Levee Rd to lat 38.163522, long -121.991289, northwest from this point along unnamed slough to lat 38.173055, long -121.999704, southwest along unnamed slough to lat 38.171097, long -122.003320, northwest from this point along unnamed levee to Montezuma Slough, wets along Montezuma Slough to lat 38.176713, long -122.012896, north from this point along unnamed levee to Joice Island Rd, northwest along Joice Island Rd to Suisun Slough, north along Suisun Slough to lat 38.204071, long -122.042441, north along unnamed Levee Rd to Boynton Slough, west along Boynton Slough to lat 38.208890, long -122.058048, northwest from this point along unnamed levee to railroad tracks, northeast along railroad tracks to Peytonia Slough, northwest along Peytonia Slough to Cordelia Rd, and west along Cordelia Rd to the starting point (intersection of Cordelia Rd and Orehr Rd).
25
Appendix D – Example of Standard Agreement
26
27
28
29
30
31
32
Year Cost/Acre Fall & Winter
Cost/Acre Spring & Summer
#of Acres TotalCost per Year
Year 1 $30 $60 # $
Year 2 $30 $60 # /
$
Year 3 $30 $60 # $
Year 4 $30 $60 # $
Year 5 $30 $60 ·····... # $
Year 6 $30 $60 # $
Year ? $30 $60 # $
Year S $30 $60 # ··.., $
Year 9 $30 $60 ····... # $
Year 10 $30 $60 '. # $
Agreement Total : $TBD ·..
"
California Department of Fish and Wildlife
Exhibit B - Budget Detail and Payment Provisions
(CDFW EXB Revised 04/2019)
Agreement Number: TBD
Contractor:TBD Page 3 of 3
4. LINE ITEM BUDGET
The Contractor shall be reimbursed for actual services rendered as requested and
approved by the CDFW Contract Manager. The Contractor shall be reimbursed at the unit
rates identified below to a total cost that shall not exceed : TBD
' •···... /
33
California Department of Fish and Wildlife
Exhibit D -Additional Provisions
(Rev 02/2014)
Page 1 of
1. LICENSES AND PERMITS (If Applicable) - The Contractor shall be an individual or firm
licensed to do business in California and shall obtain, at his/her expense, all licenses and
permits required by law for accomplishing any work required in connection with this Agreement.
If you are a Contractor located within the State of California, a business license from the
City/County in which you are headquartered is necessary; however , if you are a corporation , a
copy of your incorporation documents/letters from the Secretary of State's Office can be
submitted. If you are a Contractor outside the State of California, you will need to submit to
CDFW, a copy of your business license or incorporation papers for your respective State
showing that your company is in good standing in that State.
In the event any licenses and/or permits expire at any time during the term of this Agreement ,
Contractor agrees to provide the California Department of Fish and Wildlife (CDFW) a copy of
the renewed licenses and/or permits within thirty (30) days following the expiration date. In the
event the Contractor fails to keep in effect, at all times, all required licenses and permits, the
State may, in addition to any other remedies it may have, terminate this Agreement upon
occurrence of such event.
2. RIGHTS IN DATA- The Contractor agrees that all data, plans, drawings , specifications , reports,
computer programs, operating manuals, notes and other written or graphic work produced in the
performance of this Agreement , are subject to the rights of the State as set forth in this section.
The State shall have the right to reproduce , publish, and use all such work, or any part thereof,
in any manner and for any purposes whatsoever and to authorize others to do so. If any such
work is copyrightable , the Contractor may copyright the same, except that, as to any work which
is copyrighted by the Contractor, the State reserves a royalty-free , nonexclusive and irrevocable
license to reproduce, publish, and use such work, or any part thereof , and to authorize others to
do so.
3. RIGHT TO TERMINATE - CDFW reserves the right to terminate this agreement subject to 30
days written notice to the Contractor. Contractor may submit a written request to terminate this
agreement only if the State should substantially fail to perform its responsibilities as provided
herein.
However, the agreement can be immediately terminated for cause. The term "for cause" shall
mean that the Contractor fails to meet the terms, conditions , and/or responsibilities of the
contract. In this instance, the contract termination shall be effective as of the date indicated on
the State's notification to the Contractor.
This agreement may be suspended or cancelled without notice, at the option of the Contractor, if
the Contractor or State's premises or equipment are destroyed by fire or other catastrophe, or so
substantially damaged that it is impractical to continue service.
4. SETTLEMENT OF DISPUTES - Unless otherwise provided in this Agreement , any dispute
concerning a question of fact arising under this Agreement which cannot be resolved informally,
shall be decided by the following two (2) step procedure:
a. The Contractor must provide written notice of the particulars of such disputes to the CDFW
Contract Manager or appointed representative. The CDFW Contract Manager must
respond, in writing, within ten (10) working days of receipt of the written notice of dispute .
34
California Department of Fish and Wildlife
Exhibit D -Additional Provisions
(Rev 02/2014)
Page 2 of
Should the Contractor disagree with the CDFW Contract Manager's decision, the
Contractor may appeal to the second level. Pending the decision on appeal the Contractor
shall proceed diligently with the performance of this Agreement in accordance with the
CDFW Contract Manager's decision.
b. The second level appeal must indicate why the CDFW Contract Manager's decision is
unacceptable, attaching it to the Contractor's original statement of the dispute with
supporting documents, and a copy of the CDFW Contract Manager's response. This letter
of appeal shall be sent to the California Department of Fish and Wildlife , Deputy Director, or
duly appointed representative. The second level appeal must be filed within fifteen (15)
working days upon receipt of the CDFW Contract Manager's decision. Failure to submit an
appeal within the period specified shall constitute a waiver of all such rights to an
adjustment of this Agreement. The Deputy Director, or designee , shall meet with the
Contractor to review the issues raised. A written decision signed by the Deputy Director or
designee, shall be returned to the Contractor within fifteen (15) working days of the receipt
of the appeal. The decision of the Deputy Director, or designee , will be final.
5. PROPERTY ACQUISITIONS - Property, as used in this section shall include:
a. Equipment- Tangible property (including furniture) with a unit cost of $5,000.00 or more,
and a useful life of four (4) years or more. Actual costs include the purchase price plus all
costs to acquire, install and prepare the equipment for its intended use.
b. Furniture -Standard office furnishings including desks, chairs, bookcases, credenzas ,
tables, etc.
c. Portable Assets- Items considered 'highly desirable' because of their portability and
value, e.g., calculators ,typewriters , Dictaphones , cameras and microscopes, etc.
d. Electronic Data Processing (EDP) Equipment - All computerized and auxiliary
automated information handling including system design and analysis, conversion of data,
computer programming , information storage and retrieval, voice, video , and data
communications , requisite system controls, simulation and all related interactions between
people and machines.
The Contractor may purchase property under this Agreement only if specified in Exhibit B titled
'Budget Detail and Payment Provisions'. Any property purchased by the Contractor, with funds
provided under this Agreement, shall be the property of the State during the customary
depreciable life thereof. The Contractor shall promptly report any such purchase to the CDFW
Contract Manager and to the State's Property Officer. Should this Agreement be terminated for
any reason, or upon expiration and failure to negotiate hereof, all such property shall be returned
to the State within the timeframe negotiated between the Contractor and the State. Prior written
authorization by the CDFW Contract Manager shall be required before the Contractor will be
reimbursed for any property purchases not specified in the Budget. The Contractor shall provide
to the CDFW Contract Manager , all particulars regarding the necessity for such property and the
reasonableness of the cost.
Before property purchases made by the Contractor are reimbursed by CDFW , the Contractor
shall submit paid vendor receipts identifying the Agreement number, purchase price, description
of the item, serial number, model number, and location, including street address where property
35
California Department of Fish and Wildlife
Exhibit D- Additional Provisions
(Rev 02/2014)
Page 3 of
will be used during the term of this Agreement. Said paid receipts shall be attached to
Contractors' invoices. The Contractor shall keep adequate and appropriate records of all
property purchased with Agreement funds and at the time of purchase, prepare a Property
Purchased with State Funds report and submit one (1) copy to the CDFW Contract Manager,
and one (1) copy to the Property Officer; one (1) copy must be retained by the Contractor.
CDFW reserves the right, at any time, to evaluate the cost of property and reimburse at an
amount equal to costs reflected in but not limited to Agreements the State Department of
General Services, Procurement Division has negotiated with vendors who supply the same type
of property. The Contractor shall tag all acquisitions. The purpose of tagging assets is to
designate the assets as belonging to the State.
Upon termination , expiration or failure to negotiate renewal of this Agreement , all property
purchased with Agreement funds shall promptly be returned to the State. The Contractor shall
prepare an inventory of State Furnished Property report and submit to the State and shall at that
time query the CDFW Contract Manager as to the State's requirements, including the manner
and method, in returning said property to the State. Final disposition of such property shall be at
State expense in accordance with instructions from the CDFW Contract Manager to be issued
immediately after receipt of the final inventory.
6. LOST, STOLEN or DESTROYED PROPERTY- The Contractor shall immediately report the
loss, theft or destruction to the local law enforcement agency (or the California Highway Patrol
{CHP} if the crime occurs on either state-owned or state leased property) and to the CDFW
Contract Manager and prepare a Property Survey Report.
In the case of stolen property, the Contractor shall also complete a CHP Report of Crime on
State Property (STD 99) form, and obtain a copy of the law enforcement agency's report to
submit to the CDFW Contract Manager. The Contractor shall adjust their property records and
retain a copy of the Property Survey Report as documentation.
Losses of State property due to fraud or embezzlement shall be reported in the same manner
as described above. The Contractor shall be charged with any loss and damages to State
property due to the Contractor's negligence. The Contractor shall, at the request of the State,
submit an inventory of property furnished or purchased under the terms of this Agreement.
Such inventory will be required not more frequently than annually .
7. INCOME RESTRICTIONS -The Contractor agrees that any refunds, rebates, credits , or other
amounts (including any interest thereon) accruing to or received by the Contractor under this
Agreement shall be paid by the Contractor to CDFW , to the extent that they are properly
allocable to costs for which the Contractor has been reimbursed by CDFW under this
Agreement.
8. CONFIDENTIALITY OF DATA - The Contractor shall protect from disclosure all information
made available by CDFW. The Contractor shall not be required to keep confidential any data or
information which is publicly available , independently developed by the Contractor, or lawfully
obtained from third parties. Written consent of CDFW must be obtained prior to disclosing
information under this Agreement.
9. DISABLED VETERAN BUSINESS ENTERPRISE (DVBE) PARTICIPATION REQUIREMENTS
- The Contractor agrees to use DVBE subcontractors or suppliers originally identified by the
Contractor , unless the Contractor requests substitution , in writing beforehand to the CDFW
36
California Department of Fish and Wildlife
Exhibit D- Additional Provisions
(Rev 02/2014)
Page 4 of
Contract Manager and the CDFW Contract Manager has approved such substitution. At a
minimum , the request must include:
a. A written explanation of the reason for the substitution; and
b. The identity of the person or firm substituted.
The request and the CDFW Contract Manager's approval is not to be construed as an excuse
for noncompliance with any other provision of law, including but not limited to the subletting and
subcontracting Fair Practices Act or any other Agreement requirements relating to the
substitution of subcontractors. Failure to adhere to at least the level of participation for DVBE
proposed by the Contractor may be cause for Agreement termination and recovery of damages
under the rights and remedies due the State.
10. DISCLOSURE REQUIREMENTS - Any document or written report prepared in whole or in part
pursuant to this Agreement shall contain a disclosure statement indicating that the document or
written report was prepared through an Agreement with CDFW. The disclosure statement shall
include the Agreement number and dollar amount of all Agreements and subcontracts relating
to the preparation of such documents or written reports. The disclosure statement shall be
contained in a separate section of the document or written report.
If the Contractor or subcontractor(s) are required to prepare multiple documents or written
reports , the disclosure statement may also contain a statement indicating that the total
Agreement amount represents compensation for multiple documents or written reports. The
Contractor shall include in each of its subcontracts for work under this Agreement, a provision
which incorporates the requirements stated within this section.
11. USE OF SUBCONTRACTOR(S) - If the Contractor desires to accomplish part of the services
through the use of one (1) or more subcontractors ,the following conditions must be met:
a. The Contractor shall submit any subcontracts to the State for approval prior to starting any
of the work;
b. The Agreement between the primary Contractor and the subcontractor must be in writing;
c. The subcontract must include specific language which establishes the rights of the auditors
of the State to examine the records of the subcontractor relative to the services and
materials provided under the Agreement; and
d. Upon termination of any subcontract , the State shall be notified immediately, in writing.
Further, any subcontract in excess of $100,000 entered into as a result of this Agreement shall
contain all applicable provisions stipulated in this Agreement.
12. POTENTIAL SUBCONTRACTOR(S) - Nothing contained in this Agreement or otherwise shall
create any contractual relation between the State and any subcontractor(s) and no subcontract
shall relieve the primary Contractor of its responsibilities and obligations hereunder. The
Contractor agrees to be as fully responsible to the State for the acts and omissions of its
subcontractor(s) and of persons directly employed or indirectly employed by any of them as it is
37
California Department of Fish and Wildlife
Exhibit D -Additional Provisions
(Rev 02/2014)
Page 5 of
for the acts and omissions of persons directly employed by the Contractor. The Contractor's
obligation to pay its subcontractor(s) is an independent obligation from the State's obligation to
make payments to the primary Contractor. As a result, the State shall have no obligation to pay
or to enforce the payment of any monies to any subcontractor .
13. TRAVEL AND PER DIEM - The Contractor agrees that all travel and per diem paid its
employees under this Agreement shall be at rates not to exceed those amounts paid to the
nonrepresented/excluded State employees. No travel outside the State of California shall be
reimbursed unless prior written authorization is obtained from CDFW.
14. NOVATION - If the Contractor proposes any Novation Agreement , CDFW shall act upon the
proposal within sixty (60) days after receipt of the written proposal. The State may review and
consider the proposal, consult and negotiate with the Contractor , and accept or reject all or part
of the proposal. Acceptance or rejection may be made orally within the sixty (60) day period,
and confirm in writing within five (5) days. No Novation Agreement shall become operative or
otherwise binding on the State pursuant to this paragraph in the absence of a formal Novation
Agreement amendment which has been approved in accordance with all applicable State
policy, laws and procedures.
15. INSURANCE- When the Contractor submits a signed Agreement to CDFW ,the Contractor
shall also furnish , either proof of self-insurance or certificate(s) of insurance, showing that the
required insurance is presently in effect. Contractor agrees to make complete copies of
applicable insurance policies available to CDFW upon request. The State will not be
responsible for any premiums or assessments on the policy.
General Provisions Applying to All Policies
1) Coverage Term- Coverage needs to be in force for the complete term of the contract.
If insurance expires during the term of the contract, a new certificate must be received
by the State at least ten (10) days prior to the expiration of this insurance. Any new
insurance must still comply with the original terms of the contract.
2) Policy Cancellation I Termination & Notice of Non-Renewal -Contractor shall provide
to the State within two business days a copy of any notice of Cancellation/Termination
or Non-renewal received by contractor for any of the required insurance policies. In
the event Contractor fails to keep in effect at all times the specified insurance
coverage, the State may, in addition to any other remedies it may have, terminate this
Contract upon the occurrence of such event, subject to the provisions of this Contract.
3) Deductible - Contractor is responsible for any deduct ible or self-insured retention
contained within their insurance program.
4) Primary Clause -Any required insurance contained in this contract shall be primary,
and not excess or contributory , to any other insurance carried by the State.
5) Insurance Carrier Required Rating- All insurance companies must carry a rating
acceptable to the Office of Risk and Insurance Management. If the Contractor is self
insured for a portion or all of its insurance, review of financial information including a
letter of credit may be required.
38
California Department of Fish and Wildlife
Exhibit D -Additional Provisions
(Rev 02/2014)
Page 6 of
6) Endorsements - Any required endorsements requested by the State must be
physically attached to all requested certificates of insurance and not substituted by
referring to such coverage on the certificate of insurance. This endorsement must be
supplied under form acceptable to the Office of Risk and Insurance Management.
In the case of Contractor's utilization of subcontractors to complete the contracted
scope of work , contractor shall include all subcontractors as insured's under
Contractor's insurance or supply evidence of insurance to the State equal to policies,
coverages and limits required of Contractor.
7) Inadequate Insurance- Inadequate or lack of insurance does not negate the
contractor 's obligations under the contract.
Provider hereby represents and warrants that Provider is currently and shall remain,
for the duration of this Agreement at Provider's own expense, insured against:
1) Commercial General Liability - Contractor shall maintain general liability on an
occurrence form with limits not less than $1,000,000.00 per occurrence for bodily
injury and property damage liability combined with a $2,000,000.00 annual policy
aggregate. The policy shall include coverage for liabilities arising out of premises,
operations , independent contractors , products, completed operations , personal &
advertising injury, and liability assumed under an insured contract. This insurance
shall apply separately to each insured against whom claim is made or suit is brought
subject to the Contractor's limit of liability.
The policy must be endorsed to include the State of California, its officers
agents and employees as additional insured, but only with respect to work
performed under the Contract..
2) Automobile Liability - (If applicable) Contractor shall maintain motor vehicle liability
with limits not less than $1,000,000.00 combined single limit per accident. Such
insurance shall cover liability arising out of a motor vehicle including owned, hired and
non-owned motor vehicles.
The policy must be endorsed to include the State of California, its officers
agents and employees as additional insured, but only with respect to work
performed under the Contract..
3) Aircraft Liability - (If applicable) When aircraft are used in the performance
of agreement work contractor , or its subcontractor , shall maintain aircraft liability
with limits of not less than $10,000,000.00 each accident.
The policy must be endorsed to include the State of California, its officers
agents and employees as additional insured, but only with respect to work
performed under the Contract.
39
California Department of Fish and Wildlife
Exhibit D -Additional Provisions
(Rev 02/2014)
Page 7 of
4) Watercraft Liability- (If applicable) When watercraft are used in the performance of
agreement , the work contractor or its subcontractor, shall maintain watercraft liability
with limits of not less than $1,000,000.00 each accident.
When watercraft is used in performance of work on or over navigable waters of the
United States, contractor's workers' compensation policy shall be endorsed to include
the United States Longshore and Harbor Workers' Compensation Act coverage. The
coverage applies to work on or over navigable waters of the U.S.
The policy must be endorsed to include the State of California, its officers
agents and employees as additional insured, but only with respect to work
performed under the Contract..
5) Professional Liability - (If applicable) Contractor shall maintain professional liability
covering any damages caused by a negligent error, act or omission with limits of not
less than $1,000,000.00 per occurrence and $3,000,000.00 policy aggregate. The
policy's retroactive date must be shown on the certificate of insurance and must be
before the date this contract was executed or before the beginning of contract work.
6) Pollution Liability- (If applicable) Contractor shall maintain pollution liability with Limits
no less than $1,000,000 each occurrence and $2,000,000 aggregate.
The policy must be endorsed to include the State of California, its officers
agents and employees as additional insured, but only with respect to work
performed under the Contract..
7) Workers Compensation and Employers Liability - Contractor shall maintain statutory
worker 's compensation and employer's liability coverage for all its employees who will
be engaged in the performance of the Contract. Employer's liability limits of
$1,000,000.00 are required.
When work is performed on State owned or controlled property the Workers '
Compensation policy shall be endorsed with a waiver of subrogation in favor of the
State. The waiver of subrogation endorsement shall be provided.
When watercraft is/are used in performance of agreement work contractor's workers'
compensation policy shall be endorsed to include applicable special coverage
extensions where applicable.
16. COMPUTER SOFTWARE (IT SERVICES) - The Contractor certifies that it has appropriate
systems and controls in place to ensure that State funds will not be used in the performance of
this Agreement for the acquisition , operation or maintenance of computer software in violation of
copyright laws. 17. INSPECTION - The State, through any authorized representatives , has the right at all
reasonable times to inspect or otherwise evaluate the work performed or being performed
hereunder including subcontract supported activities and the premises in which it is being
performed . If any inspection or evaluation is made by the State of the premises of the Contractor
40
California Department of Fish and Wildlife
Exhibit D-Additional Provisions
(Rev 02/2014)
Page 8 of
or a subcontractor , the Contractor shall provide and shall require their subcontractor(s) to
provide all reasonable facilities and assistance for the safety and convenience of the State
representatives in the performance of their duties. All inspections and evaluations shall be
performed in such a manner as will not unduly delay the work.
FORCE MAJEURE- Neither party shall be liable to the other for any delay in or failure of
18. performance, nor shall any such delay in or failure of performance constitute default, if such
delay or failure is caused by 'Force Majeure'. As used in this section, 'Force Majeure' is defined
as follows: Acts of war, acts of God such as earthquakes , floods, and other natural disasters
such that performance is impossible.
19. FORCED, CONVICT AND INDENTURED LABOR - No foreign-made equipment , materials , or
supplies furnished to the State pursuant to this Agreement may be produced in whole or in part
by forced labor, convict labor, or indentured labor. By submitting a bid to the State or accepting
a purchase order , the Contractor agrees to comply with this provision of the Agreement. This
requirement does not apply to public works (construction) Agreements.
20. CONTRACT STAFF REQUIREMENTS- The Contractor represents that it has or shall secure at
its own expense, all staff required to perform the services described in this Agreement. Such
personnel shall not be employees of or have any contractual relationship with the California
State Department of Fish and Wildlife or any other governmental entity.
21. EVALUATION OF CONTRACTOR (CONSULTANT AGREEMENTS ONLY)- Performance of
the Contractor , under this Agreement , will be evaluated. The evaluation shall be prepared on a
Contract/Contractor Evaluation Sheet (STD 4), and maintained in the Agreement file.
If the Contractor did not satisfactorily perform the work or service , a copy of the negative
evaluation form will be submitted to the Contractor and the Department of General Services,
Legal Division, within fifteen (15) days of the completion of the evaluation . The Contractor will
have thirty (30) days to prepare and send statements defending its performance under the
Agreement. The evaluation of the Contractor shall not be a public record.
22. REQUIREMENTS FOR LEGAL AGREEMENTS ONLY- In accordance with Public Contract
Code § 10353.5, the Contractor shall:
•!• Agree to adhere to legal costs and billing guidelines designated by the State;
•!• Adhere to litigation plans designated by the State ;
•!• Adhere to case phasing of activities designated by the State;
•!• Submit and adhere to legal budgets as designated by the State;
•!• Maintain legal malpractice insurance in an amount not less than the amount designated by
the State;
•!• Submit to legal bills legal bill audits and law firm audits if requested by the State or by any
legal cost control providers retained by the State for this purpose; and
•!• Submit to a legal cost and utilization review, as determined by the State.
PROPOSAL SOLICITATION PACKAGE
NATURAL COMMUNITY CONSERVATION PLANNING
LOCAL ASSISTANCE GRANT PROGRAM
Department of Fish and Wildlife Natural Resources Agency
State of California
FY 2019-20
i
TABLE OF CONTENTS
Page
PROGRAM OVERVIEW ......................................................................................................... 2
ELIGIBLE APPLICANTS ....................................................................................................... 2
ELIGIBLE PROJECTS ........................................................................................................... 3
GRANT PROCESS AND TIMELINES .................................................................................... 4
APPLICATION GUIDELINES ................................................................................................ 5
PROGRAM CONTACT INFORMATION ................................................................................ 6
PROPOSAL APPLICATION AND SUBMISSION PROCEDURES ........................................ 7
Important Provisions for Proposal Applications ............................................................ 8 Proposal Evaluation Form .............................................................................................. 10
APPENDIX A – CDFW CONTACT INFORMATION APPENDIX B – SUPPORTING MATERIALS AND REQUIRED FORMS APPENDIX C – GRANT AGREEMENT EXHIBIT 1 APPENDIX D – NCCP LAG PROJECT ADMINISTRATION APPENDIX E – ELIGIBLE COSTS
2
PROGRAM OVERVIEW The Natural Community Conservation Planning Local Assistance Grant (NCCP LAG) Program was created to assist local public and non-profit entities in the implementation of Natural Community Conservation Plans (NCCPs) throughout California, as authorized under Fish and Game Code (FGC) Section 2800 et seq. Additional legal authority for the NCCP LAG Program is provided by FGC Section 150 1.5, which allows the California Department of Fish and Wildlife (CDFW) to grant funds for fish and wildlife habitat preservation, restoration, and enhancement. CDFW offers NCCP LAGs to eligible Applicants on an annual basis for the highest priority tasks needed to implement NCCPs. Highest priority tasks are identified by NCCP implementing partners. CDFW, U.S. Fish and Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS) staff (Wildlife Agencies) throughout the preceding year.
Additional funding is available this year through the Wildlife Conservation Board (WCB) from Proposition 68 funds for restoration projects. Public Resources Code § 80111 authorized Proposition 68 funds for restoration of habitat that furthers the implementation of NCCPs. Funds available pursuant to WCB’s Proposition 68 program will be prioritized for restoration and will not be used to pay for costs related to management, monitoring, acquisition, management plans, mapping, management studies, or other priority tasks not related to restoration.
The California Department of Fish and Wildlife seeks proposals for highest priority projects associated with NCCP implementation. The intention of this Proposal Solicitation Package is to solicit proposals of the highest quality that are consistent with the goals of the NCCP Program. To help achieve this intention, this Proposal Solicitation Package (PSP) provides guidance on Applicant eligibility, the grant process and deadlines, and application and submission procedures.
ELIGIBLE APPLICANTS
Eligible Applicants include local jurisdictions or other entities that are implementing a CDFW-approved NCCP or will be implementing an NCCP within 12 months of the release of this Proposal Solicitation Package. Public agencies, tribes, and non-profit organizations that have an interest in assisting with the implementation of Eligible Projects (see below) are also eligible.
3
ELIGIBLE PROJECTS Proposals must address the highest priority tasks associated with the implementation of approved NCCPs or NCCPs that are likely to be approved by July 2020. Routine, on- going management activities are not eligible. Mitigation obligations that are required by a regulatory agency as a condition of a permit are not considered eligible projects under this PSP. Examples of types of projects that are eligible for funding are shown below. Please refer to the following website for projects previously funded by the NCCP LAG Program: https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Grant-Funded- Projects.
Examples of Eligible Projects
Project Type Description
Management Activities Immediate management actions on newly acquired NCCP reserve lands
Restoration/Enhancement Restoration or enhancement of habitats or species populations on NCCP reserve lands
Monitoring
Design and implementation of biological monitoring programs identified in an NCCP, including the establishment of sampling methods, monitoring plots, data collection, management, and analysis
Acquisition
Acquisition of land by fee title or conservation easement that is an essential part of an NCCP reserve system and acceptable to CDFW
Reserve Management Plans
Development and implementation of individual reserve management plans
Mapping
New or updated mapping in support of NCCP management or monitoring activities, such as vegetation community mapping
Targeted Studies for Adaptive Management
Studies to evaluate management actions for covered habitats or species, and whether such actions are meeting stated goals or require adjustments through adaptive management
Other
Other priority tasks, identified by the NCCP LAG Applicant and NCCP implementing partners, that are needed to ensure effective implementation of the NCCP
4
GRANT PROCESS AND TIMELINES CDFW encourages Applicants to work with regional staff from the Wildlife Agencies and the appropriate NCCP Implementing Entity1, throughout the year to identify high priority tasks needed to implement NCCPs. The following timeline summarizes the grant process for the FY 2019-20 grant cycle.
July 8, 2019: CDFW will solicit proposals by posting the Proposal Solicitation Package
(PSP) on CDFW’s NCCP Grants webpage: https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Grants.
August 23, 2019: Deadline for Applicants to submit their proposals electronically to the Habitat Conservation Planning Branch (HCPB) by sending an email to [email protected].
September - October 2019: Review of Proposals by a statewide review team will be completed and projects will be recommended to the CDFW Director for funding.
October - November 2019: CDFW Director or designee will send notification letters to
Applicants for NCCP LAG proposals. Prop 68 Restoration Grant Applicants will be notified separately by WCB.
November - December 2019: CDFW and WCB will develop Grant Agreements in
collaboration with the Grantee for each project. December 2019- February 2020: CDFW and WCB will send Grant Agreements to
Grantees for approval and signature. Grantees will return signed Agreements to CDFW or WCB. CDFW or WCB will approve, sign, and execute each Agreement and send the Grantee a copy.
February - March 2020: Estimated start date for projects.
1 The Implementing Entity (IE) is the organization designated in the NCCP and Implementing Agreement that is responsible for implementing the management and monitoring components of the NCCP. IEs can be non-profit organizations, joint-powers authorities, local governments (such as cities or counties), or others. The IE may be the same as the Applicant. The IE is listed for each approved NCCP at https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Plans. If the Applicant is the IE, then a support letter is not necessary. If a proposal covers multiple NCCPs, a letter must be included from the primary NCCP’s IE.
5
APPLICATION GUIDELINES Please read these guidelines carefully. Submitted proposals must fully comply with all stated requirements in order to be considered for funding.
Proposals developed without consultation with Wildlife Agencies and the NCCP Implementing Entity to identify high priority NCCP-implementation tasks prior to the submission deadline will receive a lower score on the proposal evaluation. Please see page 10 of this PSP for the full Proposal Evaluation Form. CDFW encourages Applicants to work closely with CDFW’s regional offices, USFWS and NMFS staff (if appropriate), and the NCCP Implementing Entity well in advance of proposal deadlines to identify high priority NCCP-implementation tasks. See Appendix A for a list of CDFW contacts and locations of regional offices. Applicants (other than the Implementing Entity) must include a letter of support (from the Implementing Entity) indicating its support for the proposal, the high priority nature of the project, and how the project will assist in implementing the NCCP. Please consult with the Implementing Entity early in the process to allow appropriate time for review and preparation of the support letter, as the Implementing Entity may have internal processes and time constraints to consider.
Appropriate CDFW Staff Involvement by Stage of the Grant Process
Appropriate CDFW staff involvement varies depending on the stage of the competitive grant process. This section provides guidance on proper roles for CDFW staff at the various stages of implementation for the NCCP Local Assistance Grant Program.
Pre-Solicitation (Prior to Release of PSP)
CDFW staff may provide advisory input to Applicants on CDFW priorities, recovery plan actions, strategies, protocols, etc.
CDFW staff may provide scientific and technical expertise, input, and advice on potential projects if doing so is consistent with the CDFW staff member’s duty statement, day-to-day activities, and funding sources.
Proposal Development (After Release of PSP)
CDFW staff members that may be involved in the review, scoring and selection of proposals should not assist with the development of a proposal after the PSP has been released except to consult with potential applicants on whether a proposal concept would help with the implementation of an NCCP.
Funding for the NCCP LAG Program varies from year to year and over the last several years has averaged $576,000 per year. However, this year up to $1.5 million in additional funding will be available from Proposition 68 funds specifically for restoration projects. The funding is dependent on the availability of State funds and approval of the Budget Act each fiscal year. For this grant cycle, executed Grant Agreements will likely not be in place until early 2020. All grant funds must be expended by March 31, 2022, except for restoration projects funded by Proposition 68 funds, which must be expended by March 31, 2024. Applicants should plan project timelines accordingly. NOTE:
6
Grantees for restoration projects funded by Proposition 68 will enter into Grant Agreements with the Wildlife Conservation Board (WCB), which may involve different requirements than those indicated for Grant Agreements in this PSP.
If awarded an NCCP LAG, the Grantee shall comply with all applicable state laws, rules, regulations and local ordinances including, but not limited to, environmental, procurement, safety laws, rules, regulations, and ordinances. Any required permits must be acquired prior to grant execution (unless acquiring permits is a task under the project). California Environmental Quality Act/National Environmental Policy Act (CEQA/NEPA) compliance, if required, must be completed prior to Grant Agreement execution (anticipated to occur within six months of award). If the project is considered an action that was already covered and evaluated by an environmental impact report/environmental impact statement (EIR/EIS) for the NCCP or Habitat Conservation Plan, a letter stating this from the Implementing Entity must be provided prior to Grant Agreement execution. Proposals must identify the state CEQA and federal NEPA lead agencies and document whether each agency has accepted the role. The Applicant must coordinate with CDFW prior to proposal submission if CDFW is anticipated to act as CEQA lead agency for the project: proposals that fail to comply with this requirement will not be eligible for funding.
Important: Projects legally required as mitigation by a regulatory agency as a condition for a permit are not eligible for funding under this grant program. However, a project that is additive to any required mitigation and addresses a high-priority task for implementation of the NCCP is eligible for funding.
If a proposal is selected for funding and the Grantee fails to perform in accordance with the provisions of the executed Grant Agreement, CDFW or WCB retains the right, at its sole discretion, to terminate the Grant Agreement.
PROGRAM CONTACT INFORMATION The Landscape Conservation Planning Program in HCPB has administered the NCCP LAG Program since the program’s inception in 1996. Information regarding the application process, deadlines, and CDFW contacts is available on CDFW’s NCCP website: https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Grants.
For additional information about the NCCP LAG Program, please contact: Sara Kern Landscape Conservation Planning Program, Habitat Conservation Planning Branch California Department of Fish and Wildlife Mailing Address: P.O. Box 944209, Sacramento, CA 94244-2090 Contact: [email protected]
7
PROPOSAL APPLICATION AND SUBMISSION PROCEDURES Proposal Due Date: Proposals for this funding cycle (FY 2019-20) are due on August 23, 2019, by 5 pm (PST).
Proposal Application: Applicants must use the NCCP LAG Proposal Application form, also available on CDFW’s NCCP Grants webpage: https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Grants.
Where to Send: Proposals should be submitted electronically by the Applicant to HCPB at: [email protected]
Evaluation: Proposals will be scored based on the Evaluation Criteria contained in the Proposal Evaluation Form (below). Each Proposal will be scored by a statewide review team comprised of at least three CDFW staff from regional offices (one per region), HCPB, and a representative from the Wildlife Conservation Board. Additional technical or scientific experts may also be consulted to evaluate proposals or provide answers to specific technical questions, as necessary. Applicants may be contacted by CDFW staff for clarification of any elements of a Proposal to assist in the evaluation process. The scores of the review team will then be averaged and ranked numerically. The review team will meet to discuss proposal scores and determine which projects the team will recommend to the CDFW Director for full or partial funding. If the statewide review team needs to resolve a tie between proposals with the same score, the team will base its decision on the Additional Considerations listed on the Proposal Evaluation Form.
Notification: Applicants will be notified by the Director of CDFW or designee in October-November 2019, regarding whether or not their proposals have been selected to receive NCCP LAG funding. Proposition 68 Restoration Grant Applicants will be notified separately by WCB. Successful Applicants will be notified with an official CDFW letter stating next steps and a general timeline. Applicants not selected for an award will also be notified with an official CDFW letter. The average score of the proposal will be made available upon request. Applicants wishing to appeal a funding decision should send a letter within 10 days of receipt of the notification to the Program Contact (see Appendix A Program Contact Information). Any request for appeal may only provide clarification of information contained in the original Proposal and may not include any new or supplemental information. The statewide review team will consider all appeals received by CDFW.
Post-Notification: When successful Applicants are notified that their project has been approved for NCCP LAG funding, they will be required to complete, sign, and return the required forms listed in Appendix B before the Grant Agreement can be executed. The Grant Agreement will
8
include Exhibit 1, which defines the standard terms and conditions for CDFW’s Grant Agreements (Appendix C). By submitting a proposal, Applicants agree to follow the provisions in Exhibit 1 as written. For a summary of the grant administration process following the grant award, see Appendix D. NOTE: Grantees for restoration projects funded by Proposition 68 will enter into Grant Agreements with WCB, which may involve different requirements than those indicated for Grant Agreements in this PSP.
Important Provisions for Proposal Applications
Please carefully review the Proposal Evaluation Form on Page 9 to understand how your proposal will be evaluated and scored before preparing your proposal.
Proposals will first be screened for eligibility, including whether the Proposal Application is complete, whether the NCCP is in the implementation phase or will be by July 8 2020, whether there has been consultation on the proposed project with Wildlife Agencies and the Implementing Entity (including a letter of support, if applicable)2, and whether the Applicant has demonstrated sufficient progress on past LAG projects or phases. See the Proposal Evaluation Form on page 9 below. If the answer to any of these questions is “No,” CDFW will deem the proposal ineligible for funding and not score the proposal numerically.
Proposals must include a detailed description of the project, including clearly defined goals and objectives, how each objective and associated tasks will be approached, a detailed timeline, and the expected results. Project descriptions must also include information on where the proposed project is located, who will be conducting the work, when the work will be done, and the expected work products or deliverables. There must be a clear and logical link between a proposed project and the NCCP it serves. The project description must also include an explanation of why the project is a high priority for implementation.
Project descriptions must be sufficiently detailed regarding overall work proposed and must include report timeframes and costs of each task listed separately, in order for CDFW to: 1) write a Grant Agreement with measurable and quantifiable objectives, and 2) perform a cost analysis of proposed work during the proposal evaluation process.
Proposals must include a detailed budget as shown in the application form. The proposal budget must include a cost breakdown by task if there is more than one task, as well as a detailed line item budget for the entire project, including a breakdown of cost for each proposed Applicant staff position. See Appendix E for eligible project costs. Applicants must justify project costs in the project description. The evaluation of
2 The Implementing Entity (IE) is the organization designated in the NCCP and Implementing Agreement that is responsible for implementing the management and monitoring components of the NCCP. IEs can be non-profit organizations, joint-powers authorities, local governments (such as cities or counties), or others. The IE may be the same as the Applicant. The IE is listed for each approved NCCP at https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Plans. If the Applicant is the IE, then a support letter is not necessary. If a proposal covers multiple NCCPs, a letter must be included from the primary NCCP’s IE.
9
project costs will be based, in part, on costs for similar projects that have been implemented in the past. CDFW recognizes that proposals for the same project type may vary in cost due to the size of each project, statewide cost variations for heavy equipment and labor, or a variety of other factors.
Matching funds or cost-share, including in-kind funding, is strongly encouraged for all proposals. The proposal budget(s) should specify the source and dollar amount of any proposed cost-share. Proposals should provide information specifically identifying any funding match requirements from a federal source or other entity. Proposals with cost share (including in-kind donations) are eligible for additional consideration during the review process (See “Additional Considerations”, Section H on Proposal Evaluation Form).
State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain CDFW grants 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 to the Department of Industrial Relations (DIR) website. Grantee shall pay prevailing wage to all persons employed in the performance of any part of the project if required by law.
10
FY 2019-20
Proposal Evaluation Form Natural Community Conservation Planning
Local Assistance Grant Program
California Department of Fish and Wildlife
FOR REVIEWER USE ONLY
Proposal Review Instructions:
1. Please complete one form per proposal reviewed.
2. Please notify us immediately if you have any questions during your review. Submit your review via email to: [email protected]
Project Name:
Applicant Name:
Reviewer Name/Region:
Date of Review: Screening Criteria Yes No* Comments
Is the proposal complete? (Includes all required sections of Proposal Application, support letter from Implementing Entity (if applicable), budget, and signed signature page)
Will the NCCP be approved and ready for implementation within 12 months of grant program announcement?
Has the Applicant sufficiently demonstrated progress on, or results from, previous NCCP LAG project(s) or phase(s) (if applicable)
*If the answer to any of these questions is “No” then reject proposal and do not proceed further.
11
FY 2019-20
Rating
A
Early Implementation
0=no, 3=yes
Scoring Guidance
Comments
1
Is the NCCP in Years 0-3 of implementation?
3 points: NCCP was permitted after July 2016, or will be permitted prior to July 2020. 0 points: NCCP was permitted prior to July 2016.
B
NCCP LAG Objectives
6=strong 4=moderate
2=weak 0=insufficient
Comments
2
Need: Does the application demonstrate that this project is a high priority for implementation?
6 points: Thoroughly details the conservation issue, problem or opportunity to be addressed and provides a sound justification for the urgent need for action. The need statement is supported by thorough and well-presented documentation 4 points: Provides a moderate justification of proposed activities
and is supported by thorough and well-presented documentation. 2 points: Provides a minimal explanation of how the activities
address an urgent need or lacks or poorly presents documentation on the need for action. 0 points: Need is not addressed in proposal
3
Conservation Objectives: Does the proposal explain how the project would help to achieve conservation objectives of the NCCP?
6 points: Strongly linked to specific conservation objectives of the NCCP and is supported by thorough and well-presented documentation. Project is key to successful implementation of the NCCP. 4 points: Provides a moderate connection to the NCCP’s
conservation objectives and is supported by thorough and well- presented documentation. Project is moderately important to successful implementation of the NCCP. 2 points: Provides a low level of support to the NCCP’s
conservation objectives or lacks or poorly presents documentation. 0 points: Does not provide any connection to the NCCP’s
conservation objectives.
12
FY 2019-20
Rating
4
Agency Consultation: Does the proposal describe the level of collaboration with Wildlife Agency staff? Scoring will include verification with staff listed in Section C of the application.
6 points: Describes substantial collaboration with and support from wildlife agency staff specific to the proposed project. 4 points: Describes some collaboration with and/or some level
of support from wildlife agency staff specific to the proposed project. 2 points: Describes minimal communication with wildlife agency
staff specific to the proposed project. Or consultation may have been limited to one Wildlife Agency. 0 points: Does not describe any collaboration or communication
with wildlife agency staff specific to the proposed project.
C
Beyond One NCCP: Can
results from this proposal also serve:
1 point each
Comments
5a
Other NCCPs? Proposal outlines a measurable benefit from the results, deliverables, or methodology that could directly translate to another NCCP.
5b
The NCCP Program or NCCPs statewide?
Proposal outlines a measurable benefit from the results, deliverables, or methodology that could directly translate to the NCCP Program or to NCCPs statewide.
D
Project Quality
3=strong 2=moderate
1=weak 0=insufficient
Comments
6
Readiness: Is the proposed
project ready to begin, with administrative structure and partners in place? Have necessary permits been identified, CEQA/NEPA requirements included, and a realistic and suitable timeline planned?
3 points: Proposal outlines complete or imminent status for all
planning, permitting, and administrative structure. The timeline for the proposed activities is feasible to complete the project within the term of the Grant Agreement. 2 points: Some elements are pending or not completely
addressed within the proposal. The suggested timeline may be slightly lacking in explanation or achievability. 1 point: Elements are missing or not thoroughly explained or the
timeline may not be feasible as presented. 0 points: Readiness is not addressed within the proposal or the timeline is not achievable.
13
FY 2019-20
Rating
7
Method and Approach: Are the proposed methods appropriate for meeting project aims? Are they consistent with methods being used by adjacent or nearby entities (if applicable)? Does the proposal provide a scientific basis or background (if applicable)?
3 points: All methods are appropriate and consistent with other entities, using sound design, appropriate procedures, and accepted fish and wildlife conservation, management, or research principles. Citations or references are included. 2 points: Methods may not be consistent with other adjacent
entities or are not well proven, but may be moderately appropriate for the tasks and have been justified appropriately in the proposal. 1 point: Methods and approach are questionable or justification
is not sufficient in the proposal. 0 points: Methods and approach are not appropriate, or
justification is not presented in the proposal.
May require expert consultation
E
Applicant Profile
3=strong 2=moderate
1=weak 0=insufficient
Comments
8
Qualifications: Does the
Applicant or subcontractor have the qualifications (education, training) to successfully complete the project?
3 points: Applicant and/or subcontractors have presented
evidence of highly-relevant and current qualifications that directly translate to the successful completion of the activities proposed. 2 points: Applicant and/or subcontractors have presented evidence of qualifications that could be relevant but did not provide sufficient information to directly tie those to activities proposed 1 point: Applicant and/or subcontractors have presented a minimum level of qualifications towards general environmental projects. 0 points: Qualifications are insufficient or not addressed in the
proposal
May require expert consultation
F
Project Budget Information
3=strong 2=moderate
1=weak 0=insufficient
Comments
14
FY 2019-20
Rating
9
Reasonable Cost: Does the requested amount seem reasonable for the work described?
3 points: Includes a detailed justification for each line item in the budget. Costs are reasonable and consistent with similar projects of similar scope. 2 points: A majority of costs seem reasonable and consistent.
However, the justification or level of detail could be improved. 1 point: Overall costs may not be reasonable or are not fully justified. 0 points: Proposed cost cannot be reasonably justified.
May require expert consultation
G TOTAL SCORE
Add scores from rows 1-8
H Additional Considerations Yes No Comments
10
Critical Need: Does the proposal meet a critical need (e.g., drought, fire damage recovery or fire risk reduction)?
11
Cost Share: Does the proposal
include matching funds, including in-kind donations?
12
Other Funding: Does the
proposal describe other funding sources (existing or considered) and explain why NCCP LAG funding is necessary or is the most appropriate source?
14
Partnerships: Does the project
involve partnerships with other entities or organizations beyond the Implementing Entity, Wildlife Agencies or existing NCCP Partners? (not including consultants or subcontractors)
15
Continuation: Does this project continue or build upon an existing or ongoing NCCP LAG- funded project without duplicating that project?
15
FY 2019-20
Rating
16
Other Plans: Does this project help to meet the goals or objectives of another approved CDFW Plan? (e.g., State Wildlife Action Plan)
17
Natural and Working Lands:
This project will protect or manage natural or working lands. Pursuant to SB 1386, “Promoting the conservation and management of natural and working lands will result in a variety of outcomes that contribute to carbon sequestration, including, but not limited to, conservation and agricultural easements on natural and working lands, no- or low-till agriculture, cover cropping on agricultural lands, the restoration of degraded lands, including the restoration of vegetation, and agency decisions that avoid the loss of natural and working lands.”
Please provide overall comments and additional information that will help the Applicant improve their project during future grant cycles or development of the Grant Agreement:
16
APPENDIX A
California Department of Fish and Wildlife NCCP LAG Contact Information
R1 - Northern Region ..............................................................................................................530-225-2300
601 Locust; Redding, CA 96001 Counties: Del Norte, Humboldt, Lassen, Mendocino, Modoc, Shasta, Siskiyou, Tehama and Trinity Curt Babcock, Program Manager ([email protected]) ...........................................530-225-2740
R2- North Central Region .......................................................................................................707-358-2900 1701 Nimbus Road, Rancho Cordova, CA 95670 Counties: Alpine, Amador, Butte, Calaveras, Colusa, El Dorado, Glenn, Lake, Nevada, Placer, Plumas, Sacramento, San Joaquin, Sierra, Sutter, Yolo and Yuba Jeff Drongesen, Program Manager ([email protected]) ......................................916-358-2919
R3 - Bay Delta Region .............................................................................................................707-944-5500 2825 Cordelia Road, Suite 100, Fairfield, CA 94534 Counties: Marin, Sonoma, Napa, Solano, Contra Costa, Alameda, Santa Clara, Santa Cruz, San Mateo, San Francisco Craig Weightman, Program Manager ([email protected]) ...............................707-944-5577 Jim Starr, Program Manager ([email protected]) ..........................................................209-234-3440
R4 - Central Region ........................................................................................................559-243-4005 x151 1234 Shaw Avenue, Fresno, CA 93710 Counties: Fresno, Kern, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Luis Obispo, Stanislaus, Tulare and Tuolumne Annee Ferranti, Program Manager ([email protected]) .............................559-243-4005 x141
R5 - South Coast Region ........................................................................................................858-467-4201 3883 Ruffin Road; San Diego, CA 92123 Counties: Los Angeles, Orange, San Diego, Santa Barbara and Ventura Gail Sevrens, Program Manager ([email protected]) ............................................858-467-4212 David Mayer, Sr. Environmental Scientist Supervisor ([email protected]) .............858-467-4234
R6 - Inland Desert Region ...................................................................................................... 909-484-0167 3602 Inland Empire Boulevard, Suite C-220, Ontario, CA 91764 Counties: Imperial, Inyo, Mono, Riverside and San Bernardino Scott Wilson, Program Manager ([email protected]) ............................................... 760-872-1171 Heather Pert, Sr. Environmental Scientist Supervisor ([email protected]) ............858-395-9692
Ecosystem Conservation Division – Habitat Conservation Planning Branch..................916-653-4875 Mailing Address: P.O. Box 944209, Sacramento, CA 94244-2090 Ron Unger, Program Manager ([email protected])................................................916-653-3779 Shannon Lucas, Sr. Environmental Scientist Supervisor ([email protected]).....916-651-8764 Sara Kern, Environmental Scientist ([email protected]) ............................................. 916-651-1192
17
*
California Department of Fish and Wildlife
Regions and License Sales
SISKIYOU
*Regional Headquarters & License Sales
Additional License Sales MODOC Northern Region
601 Locust Street
Redding,CA 96001
(530) 225-2300
Eureka Sales 619 Second Street
Eureka,CA 95501
(707) 445-6493
North Central Region 1701 Nimbus Road
Rancho Cordova,CA 95670
(916) 358-2900
Bay Delta Region 2825 Cordelia Rd #100
Fairlield,CA 94534
(707) 428-2002
Central Region 1234 E. Shaw Avenue
Fresno, CA 9371 0
(559) 243-4005 ext. 151
Stockton Sales 2109Arch Airport Rd #100
Stockton,CA 95206
(209) 234-3420
South Coast Region 3883 Ruffin Road
San Diego, CA 92123
(858) 467-4201
Los Alamitos Sales 4665 Lampson Ave, Ste C
Los Alamitos,CA 90720
(562) 342-7100
Inland Deserts Region (No License Sales) 3602 Inland Empire Boulevard,Suite C-220
Ontario, CA 91764
(909) 484-0167
Marine Region
(along entire coast 3 nautical miles offshore) 20 Lower Ragsdale Drive,Suite 100
Monterey, CA 93940
(831) 649-2870
INYO
*State Headquarters Natural Resources Building
1416 Ninth Street, 12th Floor
Sacramento, CA 95814 (916) 445-0411
Sacramento License Sales 1740 North Market Boulevard Sacramento, CA 95834
Map Asse mbled by K White, GIS Spec ialist
CDFW Biogeographi: Data Branch.GIS Unit December 20 15,Edited June 2018 by W. Patterson
CDFWRegiona lBoundaries effective January 1.2007
KERN
\,. San Diego
SAN BERNARDINO
Ontario- No License
Sales Available
RIVERSIDE
IMPERIAL
18
APPENDIX B
Supporting Materials and Required Forms After Applicants are notified of an NCCP Local Assistance grant award, a Grant Agreement will be prepared and executed. The applicable forms and materials described in this section are for informational purposes only. When Applicants are notified that their project has been approved for funding, they will be required to complete, sign, and return the forms or provide the materials listed below. NOTE: Grantees for restoration projects funded by Proposition 68 will enter into Grant Agreements with WCB, which may involve different requirements than those indicated for Grant Agreements in this PSP.
Payee Data Record form (STD. 204). The State of California is required to file reportable payment information with the Internal Revenue Service (IRS) and the Franchise Tax Board (FTB) in accordance with Section 6041 of the IRS code and Section 18802 of the State’s Revenue and Taxation Code. This form is not required if the Grantee has already worked with CDFW through a previous contract or Grant Agreement and the form is on file.
Federal Taxpayer ID Number (unless the Applicant has already worked with CDFW
through a previous contract or Grant Agreement and the form is on file).
A Nondiscrimination Compliance Statement form (STD. 19) will be required for grants of $5,000.00 or more per Title 2, California Code of Regulations, Section 8113. Federal and State agencies and public entities such as Resource Conservation Districts are excluded from this requirement. This form is not required if the Grantee has already worked with CDFW through a previous contract or Grant Agreement and the form is on file.
A Drug-Free Workplace Certification form (STD. 21) will be required for all grants
regardless of grant dollar amount. Federal and State agencies and public entities such as Resource Conservation Districts are excluded from this requirement. This form is not required if the Grantee has already worked with CDFW through a previous contract or Grant Agreement and the form is on file.
Non-profit Applicants will be required to submit a 501(c) (3) Certification, a copy of
the Articles of Incorporation, and a copy of the Bylaws. This form is not required if the Grantee has already worked with CDFW through a previous contract or Grant Agreement and the form is on file.
Authorizing Resolution from governing body - If the Grantee is a public entity, such
as a Resource Conservation District, city, county, water agency, etc., that has a governing body, a resolution of project approval from the governing body will be required to enter into an agreement. The resolution needs to authorize the specific
19
project in the FY2019-20 application. It is suggested that the governing body be made aware of the proposal and be prepared to submit the resolution when returning the signed Grant Agreement, or prepare and approve the resolution in advance, especially if the governing body meets infrequently. Non-profit organizations are not required to provide a resolution. A sample resolution is provided below.
California Environmental Quality Act/National Environmental Policy Act
(CEQA/NEPA) compliance documentation for the project from the lead agency (if required). If the project is considered an action that was already covered and evaluated by the EIR for the NCCP, a letter stating this from the Implementing Entity must be provided.
20
SAMPLE RESOLUTION
Resolution No:
RESOLUTION OF (GOVERNING BODY OF THE GRANTEE) AUTHORIZING THE APPLICATION AND ACCEPTANCE OF
GRANT FUNDS FOR (PROJECT NAME)
WHEREAS, certain local assistance grant funds are made available annually on a competitive basis by the California Department of Fish and Wildlife for Natural Community Conservation Planning (NCCP) Programs highest priority implementation tasks; and
WHEREAS, the grants are awarded pursuant to guidelines established by the
California Department of Fish and Wildlife for determination of project eligibility for funds; and
WHEREAS, said procedures established by the California Department of Fish
and Wildlife require the Grantee to certify by resolution the approval to apply for, and accept grant funds and provide authorization to enter into an agreement with the California Department of Fish and Wildlife to implement high priority activities related to the NCCP Program.
NOW, THEREFORE, BE IT RESOLVED that the (GRANTEE) approves the filing
of an application for local assistance for the above project(s) in the amount of (DOLLAR AMOUNT).
IT IS FURTHER RESOLVED that the (GRANTEE) appoints the (DESIGNATED POSITION, not person occupying position) as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).
21
APPENDIX C
Grant Agreement Exhibit 1
NOTE: Grantees for restoration projects funded by Proposition 68 will enter into Grant Agreements with WCB, which may involve different requirements than those indicated for Grant Agreements in this PSP (see WCB’s sample Grant Agreement and associated documents at www.wcb.ca.gov/Applications).
Exhibit 1.a – Public Entities General Provisions (Sample) Exhibit 1.b – Non-Public Entities General Provisions (Sample) Exhibit C (formerly 1.c) – University Terms and Conditions (Sample)
Page 1 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
1. APPROVAL: This Agreement is of no force or effect until signed by both Parties and approved by CDFW or Grantor. Grantee may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the Parties and approved as required. No oral understanding or Agreement not incorporated in 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
the consent of CDFW in the form of a formal written amendment.
4. AUDIT: Grantee agrees that CDFW, the Department of General Services (DGS), the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code, CCR Title 2, Section 1896).
5. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State of
California, CDFW, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all of Grantee’s employees or agents, contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
The State of California shall defend, indemnify and hold Grantee, its officers, employees and agents harmless from and against any and all liability, loss, expense, attorney’s fees, or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of the State of California, or its agencies, their respective officers, agents or employees.
6. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any
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 pursuant to this Agreement.
Page 2 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
8. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a- f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
9. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
10. LICENSES AND PERMITS (If Applicable): Grantee is responsible for obtaining all licenses
and permits required by law for accomplishing any work required in connection with this Agreement. Costs associated with permitting may be reimbursed under this Agreement only if approved in the budget detail and payment provisions section.
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 the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, Grantee may copyright the same, except that, as to any work which is copyrighted by Grantee, the State reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so.
12. CONTINGENT FUNDING: It is mutually understood between the Parties that this Agreement
may have been written before ascertaining the availability of State appropriation of funds for the mutual benefit of both Parties in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made.
This Agreement is valid and enforceable only if sufficient funds are made available pursuant to the California State Budget Act for the fiscal year(s) covered by this Agreement for the purposes
Page 3 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
of this program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by the Legislature of any statute enacted by the Legislature which may affect the provisions, terms or funding of this Agreement in any manner.
It is mutually agreed that if the Legislature does not appropriate sufficient funds for the Agreement, the State has the option to terminate the Agreement under the termination clause or to amend the Agreement to reflect any reduction of funds. CDFW has the option to invalidate the contract under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in Grant Funds.
13. RIGHT TO TERMINATE:
a. This agreement may be terminated by mutual consent of both parties or by any party upon thirty (30) days written notice and delivered by USPS First Class or in person.
b. In the event of termination of this Agreement, Grantee shall immediately provide CDFW an accounting of all funds received under this Agreement and return to CDFW all Grant Funds received under this Agreement which have not been previously expended to provide the services outlined within this Agreement.
c. Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. CDFW shall reimburse Grantee for all allowable and reasonable costs incurred by it for the Project, including foreseeable and uncancellable obligations. Upon notification of termination from CDFW, Grantee shall use its reasonable efforts to limit any outstanding financial commitments.
14. CONFIDENTIALITY OF DATA: Grantee shall protect from disclosure all information made
available by CDFW. Grantee shall not be required to keep confidential any data or information which is publicly available, independently developed by Grantee, or lawfully obtained from third parties. Written consent of CDFW must be obtained prior to disclosing information under this Agreement.
15. DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part
pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through an Agreement with CDFW. The disclosure statement shall include this Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement shall be contained in a separate section of the document or written report.
If Grantee or any subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. Grantee shall include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section.
Page 4 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
16. USE OF SUBCONTRACTOR(S): If Grantee desires to accomplish part of the services through the use of one (1) or more subcontractors, the following conditions must be met:
a. Grantee shall submit any subcontracts to CDFW for inclusion in the grant file; b. The Agreement between the primary Grantee and the subcontractor must be in writing; c. The subcontract must include specific language which establishes the rights of the auditors
of the State to examine the records of the subcontractor relative to the services and materials provided under the Agreement; and
d. Upon termination of any subcontract, CDFW Grant Manager shall be notified immediately, in writing.
Grantee shall ensure that any subcontract in excess of $100,000 entered into as a result of this Agreement contains all applicable provisions stipulated in this Agreement.
17. POTENTIAL SUBCONTRACTOR(S): Nothing contained in this Agreement or otherwise shall
create any contractual relation between CDFW, and any 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 subcontractor.
18. TRAVEL AND PER DIEM (if applicable): Grantee agrees to pay reasonable travel and per
diem to its employees under this Agreement. The reimbursement rates shall not exceed those amounts identified in the 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 CDFW.
19. LIABILITY INSURANCE (as applicable): Unless otherwise specified in the Agreement, when
Grantee submits a signed Agreement to the State, Grantee shall also furnish to the State either proof of self-insurance or a certificate of insurance stating that there is liability insurance presently in effect for Grantee of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. Grantee agrees to make the entire insurance policy available to the State upon request.
The certificate of insurance will include provisions a, b, and c, in their entirety:
a. The insurer will not cancel the insured’s coverage without thirty (30) days prior written
notice to the State; b. The State of California, its officers, agents, employees, and servants are included as
additional insured, by insofar as the operations under this Agreement are concerned; and c. The State will not be responsible for any premiums or assessments on the policy.
Page 5 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
Grantee agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, Grantee agrees to provide, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of this Agreement, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the (DGS), and Grantee agrees that no work or services shall be performed prior to giving of such approval. In the event Grantee fails to keep in effect, at all times, insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.
CDFW will not provide for, nor compensate 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. When applicable, if subcontractors performing work under this Agreement do not have insurance equivalent to the above, Grantee’s liability shall provide such coverage for the subcontractor, except for coverage for error, mistake, omissions, or malpractice, which shall be provided by the subcontractor if such insurance is required by the State.
20. 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.
21. PROPERTY ACQUISITIONS AND EQUIPMENT PURCHASES: Property, exclusive of real
property, as used in this exhibit shall include the following:
a. Equipment – Tangible property (including furniture and electronics) with a unit cost of $5,000 or more and a useful life of four (4) years or more. Actual cost includes the purchase price plus all costs to acquire, install, and prepare the equipment for its intended use.
b. Furniture, including standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc.
c. Portable Assets, including items considered ‘highly desirable’ because of their portability and value, e.g., calculators, computers, printers, scanners, shredders, cameras, etc.
d. Electronic Data Processing (EDP) Equipment, including all computerized and auxiliary automated information handling, including system design and analysis; conversion of data; computer programming; information storage and retrieval; voice, video and data communications; requisite system controls; simulation and all related interactions between people and machines.
Grantee may purchase property under this Agreement only if specified in the Budget section. All property purchased by Grantee is owned by Grantee. CDFW does not claim title or ownership to
Page 6 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1a – PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
the property but, requires Grantee to maintain accountability for all property purchased with grant funds.
Title or ownership to property with a unit cost of $5,000 or more may be retained by Grantee or Grantor upon end of the grant cycle; final disposition will be coordinated by CDFW’s Grant Manager.
Before property purchases made by Grantee are reimbursed by CDFW, Grantee shall submit paid Grantee receipts identifying the Grant Agreement Number, purchase price, description of the item(s), serial number(s), model number(s), and location, including street address where property will be used during the term of this Agreement. Said paid receipts shall be attached to Grantee’s invoice(s).
Grantee shall keep, and make available to Grantor, adequate and appropriate records of all property purchased with the Grant Funds.
Prior written authorization by the CDFW Grant Manager shall be required before Grantee will be reimbursed for any property purchases not specified in the budget. Grantee shall provide to CDFW Grant Manager, all particulars regarding the necessity for such property and the reasonableness of the cost.
Property will only be considered for purchase approval if no other equipment owned by the applicant is available and suitable for the project.
Grant Funds cannot be used to reimburse the project for equipment obtained prior to the beginning of the grant term.
Grant Funds cannot be used for property if specifically prohibited in the authorizing Legislation or restricted in the terms of the program.
Should this Agreement be cancelled for any reason, any property purchased with Grant Funds shall be returned to Grantor.
State policies and procedures applicable to procurement with nonfederal funds, shall apply to procurement by Grantee under this Agreement, provided that procurements conform to applicable State law and the standards identified in this exhibit. These include but are not limited to: statutes applicable to State agencies; statutes applicable to State colleges and universities; public works projects; the California Constitution governing University of California contracting, the State Administrative Manual; statutes applicable to specific local agencies; applicable city and county charters and implementing ordinances including policies and procedures incorporated in local government manuals or operating memoranda.
Page 1 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1b – NON-PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
1. APPROVAL: This Agreement is of no force or effect until signed by both Parties and approved by CDFW or Grantor. Grantee may not commence performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the Parties and approved as required. No oral understanding or Agreement not incorporated in 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
the consent of the CDFW in the form of a formal written amendment.
4. AUDIT: Grantee agrees that CDFW, the Department of General Services (DGS), the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code, CCR Title 2, Section 1896).
5. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the State of
California, CDFW, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all of Grantee’s employees or agents, contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
6. DISPUTES: Grantee shall continue with the 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 pursuant to this Agreement.
8. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its
subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall ensure that the evaluation and treatment of their employees and applicants
Page 2 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1b – NON-PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.
9. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
10. LICENSES AND PERMITS (If Applicable): Grantee is responsible for obtaining all licenses and
permits required by law for accomplishing any work required in connection with this Agreement. Costs associated with permitting may be reimbursed under this Agreement only if approved in the budget detail and payment provisions section.
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 the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, Grantee may copyright the same, except that, as to any work which is copyrighted by Grantee, the State reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so.
12. CONTINGENT FUNDING: It is mutually understood between the Parties that this Agreement may
have been written before ascertaining the availability of State appropriation of funds for the mutual benefit of both Parties in order to avoid program and fiscal delays which would occur if 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 Legislature of any statute enacted by the Legislature which may affect the provisions, terms or funding of this Agreement in any manner.
It is mutually agreed that if the Legislature does not appropriate sufficient funds for the Agreement, the State has the option to terminate the Agreement under the termination clause or to amend the
Page 3 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1b – NON-PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
Agreement to reflect any reduction of funds. CDFW has the option to invalidate the contract under the 30-day cancellation clause or to amend the Agreement to reflect any reduction in Grant Funds.
13. RIGHT TO TERMINATE:
a. This agreement may be terminated by mutual consent of both parties or by any party upon thirty (30) days written notice and delivered by USPS First Class or in person.
b. In the event of termination of this Agreement, Grantee shall immediately provide CDFW an accounting of all funds received under this Agreement and return to CDFW all Grant Funds received under this Agreement which have not been previously expended to provide the services outlined within this Agreement.
c. Any such termination of this Agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. CDFW shall reimburse Grantee for all allowable and reasonable costs incurred by it for the Project, including foreseeable and uncancellable obligations. Upon notification of termination from CDFW, Grantee shall use its reasonable efforts to limit any outstanding financial commitments.
14. CONFIDENTIALITY OF DATA: Grantee shall protect from disclosure all information made
available by CDFW. Grantee shall not be required to keep confidential any data or information which is publicly available, independently developed by Grantee, or lawfully obtained from third parties. Written consent of CDFW must be obtained prior to disclosing information under this Agreement.
15. DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part
pursuant to this Agreement shall contain a disclosure statement indicating that the document or written report was prepared through an Agreement with CDFW. The disclosure statement shall include this Agreement number and dollar amount of all Agreements and subcontracts relating to the preparation of such documents or written reports. The disclosure statement shall be contained in a separate section of the document or written report.
If Grantee or any subcontractor(s) are required to prepare multiple documents or written reports, the disclosure statement may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. Grantee shall include in each of its subcontracts for work under this Agreement, a provision which incorporates the requirements stated within this section.
16. USE OF SUBCONTRACTOR(S): If Grantee desires to accomplish part of the services through
the use of one (1) or more subcontractors, the following conditions must be met:
a. Grantee shall submit any subcontracts to CDFW for inclusion in the grant file; b. The Agreement between the primary Grantee and the subcontractor must be in writing; c. The subcontract must include specific language which establishes the rights of the auditors of
the State to examine the records of the subcontractor relative to the services and materials provided under the Agreement; and
Page 4 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1b – NON-PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
d. Upon termination of any subcontract, CDFW Grant Manager shall be notified immediately, in writing.
Grantee shall ensure any subcontract in excess of $100,000 entered into as a result of this Agreement contains all applicable provisions stipulated in this Agreement.
17. POTENTIAL SUBCONTRACTOR(S): Nothing contained in this Agreement or otherwise shall
create any contractual relation between CDFW, and any 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 subcontractor.
18. TRAVEL AND PER DIEM (if applicable): Grantee agrees to pay reasonable travel and per diem
to its employees under this Agreement. The reimbursement rates shall not exceed those amounts identified in the 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 CDFW.
19. LIABILITY INSURANCE (as applicable): Unless otherwise specified in the Agreement, upon
submitting a signed Agreement to the State, Grantee shall also furnish to the State either proof of self-insurance or a certificate of insurance stating that there is liability insurance presently in effect for Grantee of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined. Grantee agrees to make the entire insurance policy available to the State upon request.
The certificate of insurance will include provisions a, b, and c, in their entirety:
a. The insurer will not cancel the insured’s coverage without thirty (30) days prior written notice to
the State; b. The State of California, its officers, agents, employees, and servants are included as additional
insured, by insofar as the operations under this Agreement are concerned; and c. The State will not be responsible for any premiums or assessments on the policy.
Grantee agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, Grantee agrees to provide, prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of this Agreement, or for a period of not less than one (1) year. New certificates of insurance are subject to the approval of the DGS, and Grantee agrees that no work or services shall be performed prior to giving of such approval. In the event Grantee fails to
Page 5 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1b – NON-PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
keep in effect, at all times, insurance coverage as herein provided, the State may, in addition to any other remedies it may have, terminate this Agreement upon occurrence of such event.
CDFW will not provide for, nor compensate 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. When applicable, if subcontractors performing work under this Agreement do not have insurance equivalent to the above, Grantee’s liability shall provide such coverage for the subcontractor, except for coverage for error, mistake, omissions, or malpractice, which shall be provided by the subcontractor if such insurance is required by the State.
20. 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 or any other governmental entity.
21. PROPERTY ACQUISITIONS AND EQUIPMENT PURCHASES: Property, exclusive of real
property, as used in this exhibit shall include the following:
a. Equipment – Tangible property (including furniture and electronics) with a unit cost of $5,000 or more and a useful life of four (4) years or more. Actual cost includes the purchase price plus all costs to acquire, install, and prepare the equipment for its intended use.
b. Furniture, including standard office furnishings including desks, chairs, bookcases, credenzas, tables, etc.
c. Portable Assets, including items considered ‘highly desirable’ because of their portability and value, e.g., calculators, computers, printers, scanners, shredders, cameras, etc.
d. Electronic Data Processing (EDP) Equipment, including all computerized and auxiliary automated information handling, including system design and analysis; conversion of data; computer programming; information storage and retrieval; voice, video and data communications; requisite system controls; simulation and all related interactions between people and machines.
Grantee may purchase property under this Agreement only if specified in the budget detail and payment provisions section. All property purchased by Grantee is owned by Grantee. CDFW does not claim title or ownership to the property but, requires Grantee to maintain accountability for all property purchased with grant funds.
Title or ownership to property with a unit cost of $5,000 or more may be retained by Grantee or Grantor upon end of the grant cycle; final disposition will be coordinated by CDFW’s Grant Manager.
Page 6 of 6 (Rev. 05/10/2019)
CALIFORNIA DEPARMENT OF FISH AND WILDLIFE
EXHIBIT 1b – NON-PUBLIC ENTITIES GENERAL GRANT PROVISIONS
[INSERT AGREEMENT NUMBER]
[Insert Grantee Name]
Before property purchases made by Grantee are reimbursed by CDFW, Grantee shall submit paid Grantee receipts identifying the Grant Agreement Number, purchase price, description of the item(s), serial number(s), model number(s), and location, including street address where property will be used during the term of this Agreement. Said paid receipts shall be attached to Grantee’s invoice(s).
Grantee shall keep, and make available to Grantor, adequate and appropriate records of all property purchased with the Grant Funds.
Prior written authorization by the CDFW Grant Manager shall be required before Grantee will be reimbursed for any property purchases not specified in the budget. Grantee shall provide to CDFW Grant Manager, all particulars regarding the necessity for such property and the reasonableness of the cost.
Property will only be considered for purchase approval if no other equipment owned by the applicant is available and suitable for the project.
Grant Funds cannot be used to reimburse the project for equipment obtained prior to the beginning of the grant term.
Grant Funds cannot be used for property if specifically prohibited in the authorizing legislation or restricted in the terms of the program.
Should this Agreement be cancelled for any reason, any property purchased with grant funds shall be returned to Grantor.
State policies and procedures applicable to procurement with nonfederal funds, shall apply to procurement by Grantee under this Agreement, provided that procurements conform to applicable State law and the standards identified in this exhibit. These include, but are not limited to: statutes applicable to State agencies; statutes applicable to State colleges and universities; public works projects; the California Constitution governing University of California contracting, the State Administrative Manual; statutes applicable to specific local agencies; applicable city and county charters and implementing ordinances including policies and procedures incorporated in local government manuals or operating memoranda.
Section 1. Definitions
2. Approval
3. Amendment
4. Liability
5. Conflict of Interest
6. Dispute Resolution
7. Termination
8. Confidential Information
9. Key Personnel
Exhibit C
University Terms & Conditions
UTC-518
Table of Contents
Exhibit C
University Terms & Conditions
UTC-518
Page 1 of 16
10. Requirements Associated with Funding Sources
11. Subawards
12. Budget Contingency
13. Travel
14. Payment & Invoicing
15. Prior Approval Requirements and Budget Flexibility
16. Audit
17. Right to Publish
18. Data Rights
19. Copyrights
20. Use of Name and Publicity
21. Access to State Facilities or Computing Systems
22. Notices
23. Subject Headings
24. Force Majeure
25. Nondiscrimination
26. Governing Law
27. Severability
28. Entire Agreement
29. Order of Precedence
30. AB20 Definitions
1. Definitions Refer to definitions at end of document.
Exhibit C
UTC-518
Page 2 of 16
2. Approval
This Agreement is of no force or effect until signed by both Parties and approved by the Department of
General Services, if required. University may not commence performance until such approval has been
obtained.
3. Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed
by the Parties and approved as required. No oral understanding or agreement not incorporated in the
Agreement is binding on any of the Parties.
4. Liability
A. To the extent permitted by law, the University shall defend, indemnify and hold harmless the State, its
officers, employees and agents from and against any and all liability, loss, expense, attorneys’ fees, or
claims for injury or damages arising out of the performance of this Agreement but only in proportion to
and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are
caused by or result from the negligent or intentional acts or omissions of the University, its respective
officers, agents or employees.
B. To the extent permitted by law, the State shall defend, indemnify and hold harmless the University, its
officers, employees and agents from and against any and all liability, loss, expense, attorneys’ fees, or
claims for injury or damages arising out of the performance of this Agreement but only in proportion to
and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are
caused by or result from the negligent or intentional acts or omissions of the State, its respective
officers, agents or employees.
C. If the University provides funds to any Subawardee, excluding any agency or department of the United
States, to accomplish any of the work of this Agreement, the University shall first enter into a written
agreement with each Subawardee by which the Subawardee agrees to indemnify and hold harmless the
State of California, the State and its officers, agents, and employees from any and all liabilities, losses,
claims, demands, damages, or costs, including without limitation litigation costs and attorney’s fees,
resulting from or arising out of the Subawardee’s performance under its agreement with the University,
but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for
injury or damages are caused by or result from the negligent or intentional acts or omissions of the
Subawardees, its respective officers, agents or employees. The foregoing does not limit any breach of
contract action that the State may have against the University.
5. Conflict of Interest
A. Conflict of Interest 1) State intends to avoid any real or apparent conflict of interest on the part of the University,
Subawardees, or employees, officers and directors of the University or Subawardee. Thus, State
reserves the right to determine, in its reasonable discretion, whether any information, assertion or
claim received from any source indicates the existence of a real or apparent conflict of interest;
and, if a conflict is found to exist, to require the University to submit additional information or a
plan for resolving the conflict, subject to State review and prior approval.
2) Conflicts of interest include, but are not limited to:
(a) An instance where the University or any of its Subawardees, or any employee, officer, or
Exhibit C
UTC-518
Page 3 of 16
director of the University or any Subawardee receiving information in connection with the
performance of services hereunder has an interest, financial or otherwise, whereby the use or
disclosure of information obtained while performing such services would result in private or
personal benefit.
(b) An instance where, in connection with the performance of services hereunder, the University’s or
any Subawardee’s employees, officers, or directors use their positions for purposes that are, or
give the appearance of being, motivated by a desire for private gain for themselves or others,
such as those with whom they have family, business or other ties.
B. Disclosure of Current and Pending Support
The University will be required to submit a completed Current and Pending Support form (Exhibit A6)
to the State with its Proposal. Upon request from the State, University will submit an updated Current
and Pending Support form within thirty (30) calendar days of the request from the State.
C. Evaluation
If either Party becomes aware of a known or suspected conflict of interest pursuant to paragraphs A or B
above, the knowledgeable Party shall inform the other Party, and the University will be given an
opportunity to submit additional information or to resolve the conflict. Within twenty (20) calendar days
from the date of notification of the conflict, the University will provide additional information sufficient
to fully evaluate the nature and effects of the potential conflict. If a conflict of interest is determined to
exist by the State in its reasonable discretion and cannot be resolved to the satisfaction of the State, the
conflict will be grounds for terminating the Agreement for good cause pursuant to Section 7 of this
Agreement. The State may, at its discretion upon receipt of a written request from the University,
authorize an extension of the timeline indicated herein.
6. Dispute Resolution
A. The State’s Contract/Program Manager and the University’s Principal Investigator shall attempt to informally resolve any disputes under this agreement.
B. If either Party determines that the dispute cannot be informally resolved, either Party may submit to
the other Party in writing a description of the dispute and the desired outcome.
C. The State’s Authorized Official, as designated in Exhibit A3, or designee and the University’s
Director of Contracts and Grants Administration or designee shall meet to review the issues. A written
decision signed by the Party receiving the notice of dispute shall be returned to the other Party within
thirty (30) working days of the receipt of the notice of dispute, or as otherwise agreed between the
Parties, in writing.
D. If both Parties cannot agree upon a resolution after following the processes described in this
Agreement, both Parties retain the right to bring a lawsuit or seek any other legal or equitable remedy
either Party may have.
Pending the final resolution of any dispute arising under this Agreement, University agrees to diligently
proceed with the performance of this Agreement, including the delivery of goods or the provision of
services or research in accordance with the terms of this Agreement, unless the dispute involves the
University’s continued performance under this Agreement. The University’s failure to diligently proceed
in accordance with the State’s instructions shall be considered a material breach of this Agreement. State
agrees to continue payment for costs not under dispute.
E. If payment for services performed by University is part of the dispute, to the extent it is legally able to
Exhibit C
UTC-518
Page 4 of 16
do so, the State will ensure that funds remain available for this purpose and do not revert prior to the
conclusion of the dispute resolution process.
F. This dispute resolution process does not preclude either Party from exercising its right to terminate
this Agreement pursuant to Section 7.
7. Termination
A. The State’s Authorized Official may terminate this Agreement with or without cause upon thirty (30)
calendar days written notice to the University. Upon receipt of the State’s notice of termination, the
University shall take reasonable efforts to limit or terminate all financial commitments and will not
incur new obligations under this Agreement. In accordance with the Invoice Provision of this
Agreement the State shall reimburse the University for costs incurred up to the effective date of
termination and for costs incurred due to Non-cancellable Obligations, up to the undisbursed balance of
funds authorized in this Agreement.
B. The University’s Authorized Official may terminate this Agreement for Good Cause and upon thirty
(30) calendar days written notice to the State of the cause for termination. Upon submission of the
University’s notice of termination, the University shall take reasonable efforts to limit or terminate all
financial commitments and will not incur new obligations under this Agreement. In accordance with the
Invoice Provision of this Agreement the State shall reimburse the University for costs incurred up to the
effective date of termination and for costs incurred due to Non-cancellable Obligations, up to the
undisbursed balance of funds authorized in this Agreement.
C. Good Cause is defined as impossibility of performance or frustration of purpose. Good cause does not
include material breach or termination for convenience.
D. In the case of early termination, the University will submit, within ninety (90) days of the termination
date, an invoice and a report covering services up to the termination date. Any Deliverable as described
in this Agreement, that is fully or partially completed up to the termination date (work product), will be
provided to the State.
E. Upon receipt of the invoice, progress report, data, and work product, a final payment will be made to
the University. This payment shall be for all costs incurred in accordance with this Agreement, and
shall include labor and materials purchased or utilized (including all Non-cancellable Obligations) up to
the termination date, and pro rata share of indirect costs as specified in the budget (Exhibit B).
F. If either Party notifies the other of a material breach, the breaching Party will have fifteen (15)
calendar days to respond with a remedy to correct the breach. The receiving Party has fifteen (15)
calendar days to accept or reject the proposed remedy or offer an alternative remedy. Upon approval
of the proposed remedy, the breaching Party has thirty (30) calendar days to implement the cure. In
the event the breaching Party does not cure the breach within the thirty-day period, the non-breaching
Party may terminate for cause immediately upon written notice. All notifications, acceptances and or
rejections must be submitted in writing.
G. Pursuant to a Governor’s Executive Order or equivalent directive, such as a court order or an order from
a federal or state regulatory agency, the State may issue a Suspension Notice. The Notice must identify
the specific Executive Order or directive and the Agreement number(s) subject to suspension. Work
charged to the State must stop immediately upon receipt of the Notice. The University retains the right
to reimbursement of costs incurred to date, including non-cancellable obligations, and reserves the right
to seek reimbursement through administrative or legal action.
Exhibit C
UTC-518
Page 5 of 16
H. The University shall include in any agreement with any subawardee retained for work under this
Agreement a provision that entitles the University to suspend or terminate the agreement with the
subawardee for any reason on written notice and on the same terms and conditions specified in this
section.
8. Confidential Information
A. Protection of Personally Identifiable Information
Except as otherwise provided by law, information or data that personally identifies an individual or
individuals shall be protected in accordance with California Civil Code Sections 1798, et seq., and other
relevant State or Federal statutes and regulations. The Parties shall comply with California Civil Code
Sections 1798, et seq. and other relevant State or Federal statutes and regulations in safeguarding all
such information or data which comes into their possession under this agreement in perpetuity, and shall
not release or publish any such information or data except as permitted by law.
B. Confidentiality of Third Party Provided Information
Third Parties may provide Confidential Information to the State or directly to the University for use by
the University in the performance of the Scope of Work. Any such information will be defined by the
State in the Scope of Work as “Third-Party Confidential Information” and requirements for treatment of
such information will be set forth in Exhibit A, Scope of Work. In addition, such third party may also
request a separate Confidential Nondisclosure Agreement (CNDA). If applicable, a CNDA for this
purpose will be provided as Exhibit A7.
C. Trade Secrets
Both Parties agree that they will not provide or make accessible to either Party any third-party Trade
Secrets without first informing the receiving Party and obtaining prior written consent to accept and
protect such information in perpetuity or until the information disclosed under this Agreement ceases to
be a Trade Secret.
D. Other Confidential Information
Any other information considered confidential by the disclosing Party will be clearly marked by the
disclosing Party in writing, as “Confidential Information”, and sent only to the designated representative
of the receiving Party. Any confidential information conveyed orally to the receiving Party by the
disclosing Party shall be followed by a written communication within fourteen (14) days that said
information will be considered “Confidential Information.” Neither Party will disclose Other
Confidential Information unless it is necessary to the Scope of Work or is otherwise required by law.
Except as required by law and/or by court order, the receiving Party will not disclose Confidential
Information for a period of five (5) years from the termination of this Agreement, or such time period
mutually agreed upon by both Parties. At the end of said five year period or upon request from the
State, University will return or destroy Confidential Information.
The receiving Party will take all appropriate measures to protect the confidentiality of such
information while in its possession. In the event that University is required to disclose Confidential
Information to a Consultant and/or Vendor in order to fulfill the Scope of Work, the University will
require the Consultant and/or Vendor to comply with terms at least as stringent as University’s
obligations hereunder and as required by law.
Notwithstanding any other provision in this Agreement, both Parties are subject to the California Public
Records Act (“CPRA”), Government Code Section 6250 et seq. Education Code Section 72690 applies
to CSU Auxiliaries. University will advise Subawardees of these facts.
E. Special Conditions for Security of Confidential Information
Exhibit C
UTC-518
Page 6 of 16
University will comply with applicable State and Federal statutes and regulations and policies
regarding information security. Additional legal and regulatory requirements regarding security of
Confidential Information, and requirements regarding use and disposition thereof, may be provided by
the State and are specified in Exhibit E.
F. The confidentiality obligations herein do not apply to information that (i) was known to the receiving
Party prior to its receipt from the disclosing Party, (ii) is independently developed by the receiving
Party, or (iii) becomes available to the general public at any time through no fault of the receiving
Party.
9. Key Personnel
Any change in the Key Personnel identified in Exhibit A2, Scope of Work, shall require prior approval of
the State. The State shall not unreasonably delay its determination whether to provide such approval. The
University will provide any documentation required to facilitate the State’s determination of whether or not
to approve the proposed change in Key Personnel.
10. Requirements Associated with Funding Sources
A. This Agreement is subject to any additional requirements imposed on the State agency by applicable law
(including, but not limited to, bond, proposition and federal funding). These additional requirements and
applicable funding sources are set forth in the following Exhibits, which are attached and incorporated by
this reference in Exhibit D.
B. If the University is a subrecipient, as defined in 2 CFR § 200.93, and the External Funding Entity is the
federal government, the awarding State agency will provide to the University the name of the federal
agency, the prime award number (if available), and the Catalog of Federal Domestic Assistance
(CFDA) program number (if available and applicable). The State acknowledges that in the case of
federal funds, the University must comply with the applicable Federal regulations.
C. Notwithstanding the foregoing, this Agreement shall be governed by the laws of the State of California
as to interpretation and performance.
11. Subawards
A. The University will perform the work contemplated with resources available within its own
organization and no portion of the work shall be subawarded except for Subawards expressly identified
in the proposal, the Scope of Work or the Budget, or any amendments to the foregoing. The University
will incorporate into any Subaward for work identified in this Agreement any provision applicable to
the particular Subawardee, including, but not limited to the following:
1) Conflict of Interest 2) Confidential Information
3) Budget Contingency
4) Patents (if applicable)
5) Copyrights (if applicable) 6) Data Rights (if applicable)
7) Audits
8) Invoicing and Payment
9) Indemnification
10) Any other provisions required by statute, regulation or source of funds applicable to this Agreement.
This subsection 11.A. shall not apply to “Sub-Agreements” with the United States Department of
Energy National Laboratories.
Exhibit C
UTC-518
Page 7 of 16
B. The University shall be responsible for establishing and maintaining written agreements with and
making payments to Subawardees for work performed in accordance with the terms of this Agreement.
Nothing contained in this Agreement, or any subsequent Amendment to this Agreement, shall create any
contractual relationship between the State and any Subawardee, and no Subawardee shall relieve the
University of its responsibilities and obligations hereunder. The University shall provide copies of
Subaward documents upon request by the State.
C. Any substitution or addition of Subawardees identified in this Agreement must be approved in writing
by the State in advance of assigning work to substitute or new Subawardees. University acknowledges
that, if applicable, the State must comply with State Contracting Manual (SCM Volume I) Section 3.06,
which applies to all Subawards. The State will decide whether to seek authorization to allow the
University to proceed with the proposed substitute or additional Subawardee, and the University will
provide assistance to the State upon request in order to meet these requirements.
D. This section applies to any Subawardee that provides assistance to the University under this
Agreement regardless of time or dollars expended.
E. Vendors are not considered to be a Subawardee and are subject to the normal terms and conditions of
the University’s procurement process.
12. Budget Contingency
A. It is mutually understood between the Parties that this Agreement may have been written before
ascertaining the availability of congressional or legislative appropriation of funds, for the mutual
benefit of both Parties in order to avoid program and fiscal delays that would occur if this Agreement
were executed after that determination was made.
B. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the
United States Government or the California State Legislature for the purpose of this program. In
addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute
enacted by the Congress or the State Legislature that may affect the provisions, terms, or funding of
the Agreement.
C. It is mutually agreed that if Congress or the California State Legislature does not appropriate sufficient
funds for the program, the State has the option to terminate the Agreement in accordance with Section
7 or to amend this Agreement to reflect any reduction in funds.
13. Travel
A. Travel and reimbursement for University employee travel costs shall be in accordance with the
University’s travel policy in effect as of the date the cost is incurred. The University’s travel policy
is found at: http://policy.ucop.edu/doc/3420365/BFB-G-28 [UC]
http://www.calstate.edu/icsuam/documents/Section3000.pdf [CSU]. The University will immediately inform
the State in writing of any changes in its travel policy.
Lodging rates shall be reasonable.
B. Reimbursement for travel by employees of a Subawardee of the University shall be reimbursed at actual
cost not to exceed the Federal rates in effect as of the date the costs are incurred. Federal rates are
available on the US General Services Administration website at
http://www.gsa.gov/portal/category/21287.
Exhibit C
UTC-518
Page 8 of 16
C. The Budget shall identify all travel and the costs of travel, including travel by subawardees, and shall
itemize the rate, estimated cost and destination of the travel. The Budget Justification and/or Scope of
Work shall identify the travelers and purpose of the travel. Travel identified in this manner is considered
approved upon execution and approval of the Agreement. Travel not identified in the Budget and/or
Scope of Work shall require prior written (including fax or email) authorization from the State Contract
Project Manager. The need for actual travel not identified in the proposed Budget and/or Scope of Work
must be justified and all technological avenues of communication (e.g., teleconferencing,
videoconferencing, or web conferencing) must be explored before travel will be approved.
D. If State policy regarding out-of-state travel changes during the period of this Agreement, it is the
responsibility of the State to inform the University, and the Parties will work together in good faith to
amend this Agreement, as necessary.
14. Payment & Invoicing
A. Reimbursement
1) The total amount of funds disbursed under this Agreement shall not exceed the total amount in item
3 on STD 213. Subject to the Budget Contingency clause of this Agreement, the amounts payable
for each fiscal year, if applicable, will be identified in Exhibit B.
2) Costs for this Agreement shall be computed in accordance with the Generally Accepted Accounting
Principles (GAAP). The State will reimburse direct and indirect costs in accordance with Exhibit B.
3) State shall reimburse salaries and wages based upon the approved budget (Exhibit B) and the actual
payments made with the following caveat: University must retain supporting documentation that
shall substantiate actual costs and shall be available for review by the State upon request.
Supporting documentation may include, but not be limited to, time reports and/or calendar entries.
4) Indirect Costs shall be calculated in accordance with the University budgeted indirect costs in
Exhibit B, Budget. Subject to Exhibit D, the rate in effect for the first year of a multi-year
project will be the rate used for the entire project. If additional funds (not previously
appropriated or budgeted) are awarded, the proposed budget for these additional funds may
include a different indirect cost rate as mutually agreed between the parties.
5) Nothing herein contained shall preclude a ten-percent payment withhold pursuant to Section 10346
of the Public Contracts Code.
B. Expense Allowability / Fiscal Documentation
University will maintain financial records and supporting documentation of all costs incurred in the
performance of this Agreement. If the State agency or State Controller’s Office requires clarification of
any expenditure prior to payment of an invoice, University will provide documentation of such
expenditure to support its allowability. If any expenditures are disputed by the State, pending
resolution, State agrees to pay all other undisputed invoiced costs.
1) Equipment purchases shall comply with Department of General Services State Contracting Manual
(SCM) Section 7.29 – Equipment Purchases, if applicable.
For the purposes of this Agreement, “damage” as used in paragraph B of SCM 7.29 – Equipment
Purchases is defined as physical harm that is sustained by the equipment that prevents its functioning as
designed or manufactured.
2) University will maintain financial documentation in accordance with Section 16, Audit.
Exhibit C
UTC-518
Page 9 of 16
C. Invoicing
1) For services satisfactorily rendered in accordance with the Scope of Work and Budget, and upon
receipt and approval of invoices, State agrees to reimburse the University for actual allowable
expenditures. Approval of invoices shall not be withheld based on scientific differences between
University and State in the interpretation of the research data and final conclusions.
2) Invoices shall be submitted in arrears not more frequently than monthly and not less frequently than
quarterly to the State Financial Contact, identified in Exhibit A3. Invoices may be submitted
electronically by email. If submitted electronically, invoice must include the following certification
for State certification to the State Controller’s Office, in compliance with SAM 8422.1:
This bill has been checked against our records and found to
be the original one presented for payment and has not been
paid. We have recorded this payment so as to prevent a later
duplicate payment.
Signed:
State Agency Accounting Officer
3) Invoices shall:
a. Bear the University’s name as shown on the Agreement
b. Include the Agreement number and University fund/reference number
c. Identify the billing and/or performance period covered by the invoice and provide a
detailed transaction ledger, including payroll detail, for the same period
d. Provide University invoice contact, telephone number and/or email address
e. Be prepared in accordance with the approved cost categories identified in Exhibit B and
the elements contained in Exhibit B3
f. Be certified in ink or by an electronically scanned copy of a signature by the University’s
Authorized Financial Contact (or designee) identified in Exhibit A3 as true, correct, and the
sole bill for the charges invoiced.
4) A copy of the invoice/detailed transaction ledger shall be certified in ink or by an electronically
scanned copy of a signature by the PI or designee (such designee shall be identified in Exhibit A3)
for costs incurred, with the following statement: “I have reviewed the expenditure detail for this
invoice to determine the allowability of the charges to this project and certify that the salaries and
wages included on this invoice and ledger are an accurate representation of actual time worked.”
This certified document may be transmitted electronically to the State’s Contract Project Manager
(Technical) identified in Exhibit A3.
5) The University shall submit the final invoice to the State, no later than ninety (90) calendar days
after the agreement completion date. D. Program Income
1) The University shall account for Program Income related to projects funded by this Agreement on
Exhibit B, Page 2.
2) At the discretion of the State, as identified in Exhibit B, Page 2, Program Income may be used to
support total project costs, to further eligible project or research program objectives, or to finance the
non-state funded portion of the project or program.
Exhibit C
UTC-518
Page 10 of 16
3) After the execution of this Agreement, if the University becomes aware of Program Income not
identified in Exhibit B, University will notify the State promptly by submitting a revised Exhibit B,
Page 2, Program Income, pursuant to Section 15. Prior Approval Requirements and Budget Flexibility.
4) Within sixty (60) days of the program event the University will provide the State with a preliminary
accounting of program event revenues and expenditures. When the work under this Agreement is
completed and if applicable the University will reduce the total amount of the final invoice to the
State by any Program Income exceeding total project expenditures. Unless agreed to otherwise by
the Parties, net revenue from this project shall be remitted by the University to the State with the
final closeout or accounting of project expenditures in accordance with Section E.4.
15. Prior Approval Requirements and Budget Flexibility
A. Prior Approval Requirements
The following changes require prior approval of the State Contract Project Manager, whether or not the
change has a budgetary impact.
1) Change in Scope of Work
2) Change in Key Personnel
3) Inclusion of restricted use data or copyrighted works in Deliverables
4) Travel not included in the approved Budget
5) Equipment not included in the approved Budget
6) Computer (or theft sensitive equipment) not included in the approved Budget
7) Substitution or addition of Subawardees
B. Budget Flexibility
Budget revisions between identified budget categories in cost reimbursement agreements that are within
the total Agreement amount, comply with the Prior Approval Requirements, above and do not change
the Scope of Work or substitute Key Personnel, as defined in this Agreement, are allowed as described
below:
1) Up to 10% of each annual budget amount or $10,000, whichever is less, is allowed with approval of
the State’s Contract Project Manager, or as otherwise agreed to by the Parties and documented on
Exhibit B.
2) Exceeding 10% or $10,000, whichever is less, of the last approved budget require the State’s
Contract Project Manager’s prior approval and may require a formal amendment to this Agreement.
The University will submit a revised budget to the State for approval.
Budget transfers that would cause any portion of the funds to be used for purposes other than those
consistent with the original intent of this Agreement are not allowed.
C. Revisions and/or changes pursuant to this Section 15 may require a formal amendment to this Agreement.
16. Audit
The University agrees that the awarding State agency, the Department of General Services, the California
State Auditor, or their designated representative shall have the right to audit and/or review, and copy any
records and supporting documentation pertaining to the performance of this Agreement if it exceeds
$10,000. The University agrees to maintain such records for possible audit for a minimum of three (3) years
after final payment, unless a longer period of record retention is stipulated in Exhibit D. If any litigation,
claim, or audit begins prior to the expiration of the retention period, the records shall be retained until all
litigation, claims or audit findings involving the records have been resolved and final action taken.
University agrees to refund to the State any amounts claimed for reimbursement and paid to
University which are later disallowed by the State after audit or inspection of records.
Exhibit C
UTC-518
Page 11 of 16
17. Right to Publish A. Subject to any restrictions on the publication, disclosure, dissemination and use of Confidential
Information or use of data set forth in this Agreement or under any applicable law, the University
shall have the right to publish, disclose, disseminate and use, in whole and in part, any data and
information received or developed under this Agreement.
B. The University will provide publications, presentations and other public releases resulting from work
performed under this Agreement to the State for review at least thirty (30) calendar days prior to
publication and will identify the proposed recipient(s). During the first twenty (20) calendar days of
such review period, the State may provide notice to the University that it intends to rebut some or all
aspects of the presentation, publication or other media release. The State will then have thirty (30)
calendar days from the date of notice to prepare and submit such rebuttal to the recipient(s) identified by
the University. Within the review period, the State may provide feedback to the University; the
University will give good faith consideration to such feedback, but has no obligation to make any
changes in said material, other than the removal of any material whose disclosure is prohibited or
restricted by this Agreement or by any applicable law. Any of the above referenced time periods may be
modified upon agreement of both Parties. Neither Party may unreasonably deny such requests.
C. At the State’s sole discretion, the State will require the University to use one of the following
disclaimers in any publication, presentation or other public release:
1) “This project was funded by the <Agency>. The contents may not necessarily reflect the
official views or policies of the State of California.”
2) “This project was funded by the <Agency>. The contents do not represent the official views or
policies of the State of California.”
18. Data Rights
A. Preexisting Data of each Party that will be included as a Deliverable under this Agreement will be
identified in Exhibit A4. Preexisting Data of the State may only be used by the University for
purposes of the Scope of Work of this Agreement, unless such data is otherwise publicly available.
B. At the State’s expense for actual cost of duplication and delivery, University shall deliver
additional Project Data that is specifically requested by the State.
C. The State shall have the unrestricted right to use the Deliverable Data and delivered Project Data,
subject to applicable use and disclosure restrictions identified in Exhibit A4 and other provisions in
this Agreement, including but not limited to, Right to Publish, Confidential Information, Copyright,
Patents and Use of Name and Publicity.
D. The University shall have the unrestricted right to use Project Data, subject to applicable use and
disclosure restrictions identified in Exhibit A4 and other provisions in this Agreement, including but
not limited to, Right to Publish, Confidential Information, Copyrights, Patents and Use of Name and
Publicity.
19. Copyrights
A. All rights in copyrightable works first created by the University in the performance of the Scope of
Work, Exhibit A, under this Agreement are the property of the University. Unless restricted under
Exhibit A4, the University shall grant the state a fully paid-up, royalty-free, nonexclusive,
Exhibit C
UTC-518
Page 12 of 16
sublicensable, irrevocable license to use, reproduce, prepare derivative works, and distribute copies
of the Deliverables identified in Exhibit A1, to fulfill the State’s government purposes.
B. Notwithstanding the above, if the purpose of the Scope of Work is specifically to create a
copyrightable work for use by the State and that fact is indicated in Exhibit A1, which may be
amended upon mutual agreement of the Parties, then all rights in such copyrightable work will be the
property of the State, subject to a reserved right for the University to use the copyrightable work for
educational and research purposes and to allow other educational and nonprofit institutions to do so for
educational and research purposes.
C. Upon written request and subsequent amendment, the State may request delivery of computer
software that is not identified on Exhibit A1, but was first created in the performance of the Scope of
Work. To the extent the University is legally able to do so, University shall grant a fully paid-up,
royalty-free, nonexclusive, sublicensable, irrevocable license to use, reproduce, prepare derivative
works, and distribute copies, to fulfill the State’s government purposes, subject to restrictions, if any,
identified in Exhibit A4.
20. Use of Name and Publicity
Neither Party will use the name of the other Party or its employees in any advertisement, press release, or
publicity with reference to this agreement or any product or service resulting from this agreement,
without prior written approval of the other Party.
21. Access to State Facilities or Computing Systems
If University access to State agency facilities or computing systems is required, a separate agreement
between the individual accessing the facility or system and the State agency may be necessary, and is
referenced in Exhibit F.
22. Notices
All notices permitted or required under this Agreement shall be in writing and shall be delivered in person or
transmitted to the mailing address or email address of the Party as specified in Exhibit A3 of this Agreement.
23. Subject Headings
Headings within this Agreement are for convenient reference only and have no effect in limiting or
extending the language of the provisions to which they refer.
24. Force Majeure
Neither Party shall be liable to the other for any delay in or failure of performance, nor shall any such delay
in or failure of performance constitute default, if such delay or failure is caused by “Force Majeure.” As used
in this section, “Force Majeure” is defined as follows: Acts of war and acts of god such as earthquakes, floods,
and other natural disasters such that performance is impossible.
25. Nondiscrimination
California Government Code section 12990(c) requires that every state contract and subcontract for public
works or for goods or services contain a nondiscrimination clause prohibiting discrimination on the bases of
legally protected classes. The Department of Fair Employment and Housing is the state agency charged with
enforcing California’s civil rights laws, and requires the following language be included in this UTC. With
respect to this section, “contract” means this Agreement; “contractor” means University; and “subcontract”
means Subaward.
Exhibit C
UTC-518
Page 13 of 16
During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate
against any employee or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex,
gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractors and subcontractors shall insure that the evaluation and treatment of their employees and
applicants for employment are free of such discrimination. Contractors and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the
applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable
regulations of the Fair Employment and Housing Council implementing Government Code section 12990,
set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated
into this contract by reference and made a part hereof as if set forth in full. Contractor and its
subcontractors shall give written notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts
to perform work under the contract.
26. Governing Law
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of
California.
27. Severability
The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or
enforceability of any other provision of this Agreement, which shall remain in full force and effect.
28. Entire Agreement
This Agreement constitute(s) the entire agreement between the Parties with respect to its subject matter and
constitutes and supersedes all prior agreements, representations and understandings of the Parties, written or
oral.
29. Order of Precedence
Any inconsistency in the provisions under this Agreement shall be resolved by giving precedence in
the following order:
1. Exhibit D – Additional Requirements Associated with Funding Sources, when applicable
2. Exhibit G – Negotiated Alternate UTC Terms, when applicable
3. Exhibit C – University Terms & Conditions (UTC)
30. AB20 Definitions
Administrative Contact (State): Individual responsible for the day-to-day administration of the Agreement.
Administrative Contact (University): Individual responsible for the day-to-day administration of the
Agreement.
Agreement: Agreement means a contract or grant between the state and the University of California or the
California State University for research, training, or service.
Authorized Financial Contact: University representative authorized to sign invoices to State agencies.
Exhibit C
UTC-518
Page 14 of 16
Authorized Official: An individual authorized to enter into an agreement and receive notices on behalf of the
UC, CSU or State as stipulated in the Agreement. The University’s Authorized Official is usual located in the
campus’ contract & grant or sponsored project office. The State’s Authorized Official is usually located in the
agency’s contracting office.
Confidential Information: Information, the disclosure of which is restricted or prohibited by any provision of
law. Some examples of “confidential information” include, but are not limited to, public social services client
information described in California Welfare and Institutions Code Section 10850, and “personal information”
about individuals that is non-disclosable under California Civil Code Section 1798.3 of the Information
Practices Act (IPA), or any information identified as confidential by the parties, in accordance with Section 8 of
this agreement.
Consultant: An independent consultant is an individual not employed by the University of proven professional
or technical competence who provides primarily professional or technical advice to the University and the
University does not control the manner, means or methods of performance.
Contract Project Manager: State agency representative responsible for oversight of the technical completion
of the project, identified in Exhibit A3.
CSU Auxiliary Organization (when applicable): A CSU Auxiliary Organization authorized to receive and
administer externally funded projects on behalf of the Trustees of the California State University, pursuant to
CCR Title 5, Division 5, Chapter 1, Subchapter 6, Article 2, Section 42500 (5 CCR § 42500).
Data: Information, regardless of the form or medium including, but not limited to drawings, lists, findings,
computations, notes, diagrams, data files, statistical records and other research data.
Preexisting Data 1. State: Data that is already possessed or owned by the State. 2. University: Data that is already possessed or owned by the University.
3. 3rd Party: Data that is provided by a third party to the State or the University for use under this
Agreement.
Project Data: Data that is first produced in the performance of this Agreement by the Principal investigator
or the University’s project personnel. Project Data does not include a researcher’s laboratory notebook, but
does include Project Data contained therein.
Deliverable Data: Project Data that is identified in the Scope of Work, Exhibit A1, and required to be
delivered to the State.
Deliverables: Items identified in the Scope of Work, Exhibit A1, and required to be delivered to the State.
Direct Costs: Direct costs are those costs that can be identified specifically with a particular sponsored project,
an instructional activity, or any other institutional activity, or that can be directly assigned to such activities
relatively easily with a high degree of accuracy. Direct costs may include, but are not limited to, salary, fringe
benefits (including graduate student tuition and fees), equipment, subawards, travel, supplies, other expenses
and rental charges. Costs incurred for the same purpose in like circumstances must be treated consistently as
either direct or indirect costs. Where an institution treats a particular type of cost as a direct cost of sponsored
agreements, all costs incurred for the same purpose in like circumstances shall be treated as direct costs of all
activities of the institution.
Exhibit C
UTC-518
Page 15 of 16
Financial Contact/Accounting (State): Individual responsible for processing invoices from University for
payment.
Independent Contractor: An independent entity performing work for the University, where the University has
the right to control only the result of the service, not the manner of performance.
Indirect Costs: Indirect costs (IDC) are valid expenses of conducting research, instruction, and other sponsored
activities at University, but are incurred for common or joint objectives and, therefore, cannot be identified
readily and specifically with a particular project or program. Building use, facilities operation & maintenance
costs, equipment use & depreciation and general administrative expenses are examples of costs that are usually
treated as IDC.
Institutional Base Salary: Institutional Base Salary is the annual compensation paid by the University for an
employee’s appointment, whether that individual’s time is spent on research, teaching, or other activities.
Key Personnel: The PI and other individuals who contribute to the scientific development or execution of a
project in a substantive, measurable way, whether or not they receive salaries or compensation under the
agreement. The University identifies key personnel in each proposal.
Notices Contact: See Authorized Official.
Non-cancellable Obligations: Allowable costs that have been properly budgeted in Exhibit B incurred through
the date of termination, but cannot be reversed at the point of termination.
Party(ies): Party or Parties shall mean the University campus or the State agency as the parties to this
Agreement, and does not apply to any third party or other entity.
Principal Investigator: The Principal Investigator (PI) is defined as the individual(s) judged by the University
to have the appropriate level of authority and responsibility and has been designated in the University’s
proposal to the State to direct the project or program supported by the Agreement.
Program Income: Gross income earned by the University that is directly generated by a supported activity and
earned only as a result of the State funded project.
Scope of Work: The proposed and/or approved project and deliverables outlined by the University’s PI to
accomplish the State’s funding goals.
State: An agency or department of the State of California that is funding the Scope of Work.
Subaward: Agreement issued to a Subawardee to perform a portion of Scope of Work.
Subawardee: An entity other than the University that performs a portion of the Scope of Work, as identified in
this Agreement, and includes the following: Subrecipient, subcontractor, consultant and independent contractor.
Subcontractor: See Subrecipient.
Subrecipient: A collaborating entity of the University that is responsible for programmatic decision making
and completing a portion of the Scope of Work.
Trade Secret: "Trade secret" means information, including a formula, pattern, compilation, program, device,
method, technique, or process, that: (1) Derives independent economic value, actual or potential, from not
Exhibit C
UTC-518
Page 16 of 16
being generally known to the public or to other persons who can obtain economic value from its disclosure or
use; and, (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (Civil
Code Section 3426.1)
University: The California State University campus or auxiliary or the University of California system, as
represented by the specific campus, identified as the "Contractor" on the Standard Agreement Form STD 213 to
perform research, training, or service under this Agreement.
Vendor: A dealer, distributor, merchant or other seller providing goods or services necessary for the
University’s performance, but not an integral part of the Scope of Work. Vendors are not considered a
Subawardee and are subject to the normal terms and conditions of the University’s procurement process.
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APPENDIX D
NCCP LAG Project Administration NOTE: Grantees for restoration projects funded by Proposition 68 will enter into Grant Agreements with WCB, which may involve different requirements than those indicated for Grant Agreements in this PSP.
Upon Grant Agreement approval and execution (and signature by both parties), CDFW’s Grant Manager will notify Grantee that work may commence on the project. CDFW’s Grant Manager will review and approve invoices for payment, maintain the grant documentation, and monitor the grant to ensure compliance with all grant provisions.
Upon completion of the project, the Grantee will submit final deliverables, including a Final Report, and final payment requests. CDFW’s Grant Manager will make a final project inspection and authorize final payment. In order to have sufficient time to process final payments and to close out the grant, final invoices must be received at least 14 business days before the end of the grant period; invoices received after that time are not guaranteed payment.
Grant Amendments
Any requests for changes to CDFW grants and subsequent approvals must be made in writing. Oral Agreements are not binding. Amendments shall only be executed upon approval by CDFW’s Payable Grants Section. Amendments to CDFW grants are only permissible when one or more of the following conditions are met:
The change in activity is reasonable and still falls within the scope of the original
intent. The scope of work cannot change;
The amendment is consistent with CDFW funding limitations;
The grant can still be completed under its proposed terms, yet only needs to be adjusted for time. Projects cannot, however, be amended for time simply to expend unused funds; and
There are other unforeseen circumstances that do not alter the substance of the grant.
Grantees must document the reason for the amendment and be able to justify how the amendment qualifies under the above conditions. Amendments must be made well before the grant expires or they cannot take effect.
Any change in the Grant Agreement’s budget shall be submitted to the Grantor for approval prior to any change taking place. Amendments must be executed not only when increasing or decreasing funds, but when shifting budget line items to different budget categories.
24
A request for a time extension and its justification must be submitted in writing to CDFW’s Grant Manager at least 90 days prior to the grant end date; however, grants cannot be extended beyond March 31st of the third fiscal year.
Payment of Grant Funds
All payments will be made by CDFW to the Grantee on a reimbursement basis; advance payment will not be issued. During preparation of the Grant Agreement, the Grantee can choose to receive progress payments or be paid in a lump sum upon completion of the project. If progress payments are desired, each Request for Payment must be accompanied by a written description of the Grantee’s performance under the Agreement since the time the previous such report was prepared. For lump sum payments, a single Request for Lump Sum Payment shall be submitted upon completion of all grant tasks.
Grantee should be aware of the 30 to 45 business days required to process a request for payment.
Please note that final invoices for the project must be received by CDFW 14 business days before the end of the grant period.
Accounting Requirements
CDFW may perform an audit of the completed project, including cost share. The Grantee shall maintain an accounting system that accurately reflects fiscal transactions, with the necessary controls and safeguards. This system shall provide an audit trail, including original source documents such as receipts, progress payments, invoices, time cards, etc. The system shall also provide accounting data so the total cost of each individual project can be readily determined. These records shall be retained for a period of three years after final payment is made by the state. AVOID AUDIT EXCEPTIONS - KEEP ACCURATE RECORDS.
25
APPENDIX E
Eligible Costs NOTE: Grantees for restoration projects funded by Proposition 68 will enter into Grant Agreements with WCB, which may involve different requirements than those indicated for Grant Agreements in this PSP.
Only project-related costs associated with an eligible project activity incurred during the project performance period specified in the Grant Agreement may be funded. All such costs must be supported by appropriate invoices, purchase orders, canceled warrants, and other records. More information may be found in Appendix C – Grant Agreement Exhibit 1.
1. Salary and Wages - Services of the Grantee's employees who are directly engaged in
project execution, are eligible costs. These costs must be computed according to the Grantee's prevailing wage or salary scales. College or graduate student time may be included as hourly wages, but tuition for students is not eligible and will not be reimbursed or otherwise directly paid. Costs charged to the project must be computed on actual time spent on a project, and supported by time and attendance records describing the work performed on the project. Overtime costs may be allowed under the recipient's established policy, provided that the regular work time was devoted to the same project.
2. Fringe Benefits – Fringe benefit costs include vacations, sick leave, social security
contributions, etc., that are customarily charged to the recipient's various projects. 3. Equipment - Equipment is defined as tangible property with a unit cost of $5,000 or
more and a useful life of four (4) years or more. Equipment use charges must be made in accordance with the Grantee's normal accounting practices. The equipment rental rates published by the State Department of Transportation may be used as a guide. Equipment owned by the Grantee may not be charged to the project for each use. If the Grantee's equipment is used, a report or source document must describe the work performed, indicate the hours used, relate the use to the project, and signed by the operator and supervisor.
Equipment may be leased, rented, or purchased, whichever is most economical. Any equipment purchased from State funds under the terms of the Grant Agreements, and not fully consumed in the performance of the Agreements, may become the property of the State or disposed of pursuant to instruction from the State at the termination of the Agreement; final disposition will be coordinated by the CDFW Grant Manager.
4. Materials and Supplies – Supplies and materials are considered expendable items,
not equipment. They may be purchased for a specific project.
26
5. Travel – The reimbursement rates shall not exceed those amounts identified in the California Department of Personnel Administration (and/or University of California, if applicable) travel reimbursement guidelines.
6. Contractual Services - Costs of consultant or subcontractor services necessary for the
project are eligible. If there are multiple consultant employees, list the contract costs separately.
7. Acquisition - Costs of acquiring real property are eligible and may include the
purchase price of the property, appraisals, surveys, preliminary title reports, escrow fees, and title insurance fees.
8. Indirect Costs - Indirect costs or overhead, usually calculated as a percentage of the
direct costs, are eligible. No overhead will be charged on equipment. Indirect Costs may only be calculated on the first $25,000 of a subcontract. Regardless of the overhead percentage being proposed, the Grantee will explain the methodology utilized and provide detailed calculations in support of the overhead rate. For any overhead rate above 25% a justification will need to be included.
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Wetlands Restoration for Greenhouse Gas Reduction Program
News & Events
July 22, 2019 - Pre-Application Workshops and FAQ
CDFW will host an online Pre-Application Workshop for the 2019 GHG Proposal Solicitation Notice on
Wednesday, July 31, from 1:00 p.m. to 3:00 p.m, via Skype. This workshop will cover:
1. WebGrants Registration;
2. How to Apply to PSN; and
3. How the Pre-Applications will be evaluated.
Workshop attendance is encouraged but not required. If you are unable to attend, you may watch a
recording of the July 10 Pre-Application Workshop.
The Frequently Asked Questions (FAQ) (PDF) has been updated with questions from the Pre-Application
Workshop.
June 25, 2019 - Now Accepting Pre-Applications
Final Solicitation and Guidelines Released
CDFW has released the final 2019 Wetlands Restoration for Greenhouse Gas Reduction Program Proposal
Solicitation Notice (PDF). Pre-Applications must be submitted through CDFW's WebGrants application
https://www.wildlife.ca.gov/Conservation/Watersheds/Greenhouse-Gas-Reduction 2/5
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portal.
The deadline for Pre-Applications is August 13, 2019, by 4:00 p.m. PDT.
Application Materials:
2019 Wetlands Restoration for Greenhouse Gas Reduction Program Proposal Solicitation Notice
(PDF)
2019 Wetlands Program Project Solicitation and Evaluation Guidelines (PDF)
Appendix A: Pre-Application Template (Word)
Wetlands Program Calculator Tool and Quantification Methodology (see document links in table
under Natural Resources and Waste Diversion header)
Pre-Application Workshops
CDFW will host online Pre-Application Workshops on July 10 and July 31, 2019, from 1:00 p.m. to 3:00
p.m. via Skype. Join Skype Meeting
Frequently Asked Questions (FAQ) Released
CDFW has developed Frequently Asked Questions (FAQ) (PDF) from the comments and questions
received during the public comment period and PSN Public Workshops. The FAQ will be updated as
questions are submitted to [email protected].
December 21, 2018 - Awards Announced
CDFW has awarded three projects $4.2 million in funding in response to the FY 2017-18 Proposal
Solicitation Notice.
Background
The Wetlands Restoration for Greenhouse Gas Reduction Program (Program) restores wetland ecosystems
to provide essential services to California's people, wildlife, and fish. Wetlands have high carbon
sequestration rates that can sequester carbon for decades. There is tremendous opportunity to restore
large areas of mountain meadow, coastal tidal, and Sacramento-San Joaquin Delta wetlands that do not
currently provide the full potential of carbon storage or other benefits due to historical land use.
The Program is part of California Climate Investments, a statewide program that puts billions of Cap-and-
Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health
and the environment - particularly in disadvantaged communities. The Cap-and-Trade program also
creates a financial incentive for industries to invest in clean technologies and develop innovative ways to
reduce pollution. California Climate Investments projects include affordable housing, renewable energy,
public transportation, zero-emission vehicles, environmental restoration, more sustainable agriculture,
recycling, and much more. At least 35 percent of these investments are located within and benefiting
residents of disadvantaged communities, low-income communities, and low-income households across
California. For more information, visit the California Climate Investments website.
https://www.wildlife.ca.gov/Conservation/Watersheds/Greenhouse-Gas-Reduction 3/5
7/28/2019 Wetlands Restoration for Greenhouse Gas Reduction Program
Program Work, by the Numbers
12 Projects
in Costal Wetlands, Mountain
Meadows, and Sacramento-San
Joaquin Delta
$21M Investment
$13M in Disadvantaged Communities
2,500 Acres Restored or Enhanced
Equivalent to 1,900 football fields
570,861 Metric Tons Estimated
CO2-equivalent Sequestered
Equal to 5 million gallons of gasoline
Wetlands Restoration for Greenhouse Gas Reduction Program
California Department of Fish & Wildlife and
California Climate Investments
2019 Proposal Solicitation Notice
Pre-Application Proposal Deadline: August 13, 2019
Final Application Proposal Deadline: October 15, 2019
2019 GHG Proposal Solicitation Notice Page 2
Table of Contents Introduction ....................................................................................................... 5
Funding .......................................................................................................................... 5
Proposal Solicitation Schedule ...................................................................................... 5
Overview of Application Process ................................................................................... 6
Pre-Application Phase .................................................................................................... 7
Final Application Phase ................................................................................................. 7
Eligibility Criteria ................................................................................................ 7
Applicants ...................................................................................................................... 7
Project Types ................................................................................................................ 8
Coastal Tidal Wetlands .................................................................................................. 8
Sacramento-San Joaquin Delta Wetlands ..................................................................... 8
Mountain Meadows ........................................................................................................ 8
Seasonal Inland Wetlands ............................................................................................. 9
Project Category ............................................................................................................ 9
Planning and Implementation ......................................................................................... 9
Implementation Only Projects ........................................................................................ 9
Proposal Requirements ..................................................................................... 9
Wetlands Program Guidelines ....................................................................................... 9
GHG Benefits Requirements ....................................................................................... 10
Co-Benefits .................................................................................................................. 10
Land Tenure and Site Access Requirement ................................................................ 10
Ineligible Activities ....................................................................................................... 11
Pre-Application Phase ..................................................................................... 11
Pre-Application Proposal Requirements ...................................................................... 11
Pre-Application Proposal Submission Process ............................................................ 11
Pre-Application Proposal Evaluation Process ............................................................. 11
Final Application Phase ................................................................................... 12
Final Application Proposal Requirements .................................................................... 12
2019 GHG Proposal Solicitation Notice Page 3
Required Documentation for Final Application Proposals ............................................ 12
Detailed Scope of Work ............................................................................................... 13
Technical Justification .................................................................................................. 13
Budget ......................................................................................................................... 13
Line Item Budget ......................................................................................................... 13
Subcontractor Budget .................................................................................................. 14
Budget Justification ..................................................................................................... 14
Cost Share ................................................................................................................... 14
Schedule and Deliverables .......................................................................................... 14
Community Engagement and Priority Populations ....................................................... 14
Qualifications and Licensed Professionals .................................................................. 15
Environmental Compliance and Permitting .................................................................. 15
Monitoring and Long-Term Management ..................................................................... 15
Final Application Submission Process ......................................................................... 16
Final Application Proposal Review Evaluation Process ............................................... 16
Final Application Proposal Administrative Review ........................................................ 16
Technical Review ........................................................................................................ 16
Engineering-Geology Review ...................................................................................... 17
Selection Panel Review ............................................................................................... 18
Final Approval .............................................................................................................. 18
Electronic Submittal ........................................................................................ 18
Tables
Table 1. Proposal Solicitation Schedule
Table 2. Pre-Application Proposal Review Criteria
Table 3. Final Application Proposal Administrative Review Evaluation Criteria
Table 4. Final Application Proposal Technical Review Criteria
Appendices
Appendix A – Pre-Application Proposal Template
2019 GHG Proposal Solicitation Notice Page 4
Acronyms and Abbreviations
AB
BOD
Calculator Tool
CARB
CCI
CDFW
CEQA
CH4
CO2
Delta
Delta Reform Act
GHG
IPCC
MT CO2e
NAD 83
NEPA
N2O
PSN
QM
SB
Assembly Bill
Basis of Design
Wetlands Program Benefits Calculator Tool
California Air Resources Board
California Climate Investments
California Department of Fish and Wildlife
California Environmental Quality Act
Methane
Carbon Dioxide
Sacramento-San Joaquin Delta
Sacramento-San Joaquin Delta Reform Act of 2009
Greenhouse Gas
Intergovernmental Panel on Climate Change
Metric Tons of Carbon Dioxide Equivalent
North American Datum 1983
National Environmental Policy Act
Nitrous Oxide
Proposal Solicitation Notice
Quantification Methodology
Senate Bill
2019 GHG Proposal Solicitation Notice Page 5
Introduction
The California Department of Fish and Wildlife (CDFW) is seeking grant proposals for projects that will restore or enhance wetlands and result in a net reduction in greenhouse gas (GHG) emissions and provide important co-benefits. The implementation of the wetland restoration or enhancement must be completed by November 30, 2023.
See the Wetlands Program Project Solicitation and Evaluation Guidelines (Wetlands
Program Guidelines) for additional information on Wetlands Program funding, associated
legislation, and general grant requirements. In addition, the California Air Resources
Board (CARB) publishes the Quantification Methodology (QM), User Guide and the
Wetlands Program Benefits Calculator Tool (Calculator Tool) for use in quantifying
Wetlands Program benefits.
In the event of a discrepancy between the information in the Wetlands Program
Guidelines and this Proposal Solicitation Notice (PSN), the information in this PSN takes
precedence.
Funding
The total available funding for this solicitation is approximately $12.75 million. There are no maximum or minimum requirements for funding requests. Funding for this proposal solicitation was authorized by AB 109 (Budget Act of 2017, Chapter 249, Statutes of 2017) and SB 856 (Budget Act of 2018, Chapter 30, Statues of 2018). Authorizing legislation requires projects be managed to maintain benefits for at least 50 years1.
Proposal Solicitation Schedule The proposal solicitation schedule is outlined in Table 1. Sign up for CDFW ’s Gra n t Opportunities e-mail list to receive timeline updates.
1 The 50-year period will begin when construction activities are complete.
2019 GHG Proposal Solicitation Notice Page 6
Table 1. Proposal Solicitation Schedule
Activity Schedule
Public comment period for Draft Proposal Solicitation
Notice
May 17 – June 18, 2019
Release Proposal Solicitation Notice June 25, 2019
Pre-Application Workshops (via Skype) Visit the Wetlands Program Website or CARB CCI Events Calendar for details
July 10 and July 31, 2019
at 1:00 PM – 3:00 PM
Pre-Application Proposal due before 4:00 PM, PDT August 13, 2019
Pre-Application Proposal Evaluation August 14 – August 29,
2019
Request for Final Application Proposals September 3, 2019
Final Application Workshop (via Skype) Visit the Wetlands Program Website or CARB CCI Events
Calendar for details
September 17, 2019
Final Application Proposals due before 4:00 PM, PDT October 15, 2019
Final Application Proposal Evaluation November 13, 2019
Awards Announcement December 2019/January
2020
Develop and execute grant agreements January – June 2020
All project activities funded through the grant agreement
completed
January 1, 2024 for
UC/CSU or March 15,
2024 for all other
grantees
Overview of Application Process
This PSN will include a two-phase application process: a Pre-Application Proposal and a
Final Application Proposal. The purpose of the two-phase application process is to
2019 GHG Proposal Solicitation Notice Page 7
provide applicants with assistance in completing the appropriate GHG worksheets and
feedback useful for development of successful Final Application Proposals and screen
out ineligible project types or applicants prior to Final Application Proposal submittal.
Pre-Application Phase
The Pre-Application Phase will focus on basic eligibility requirements, including
completion of appropriate CARB Calculator Tool worksheets to estimate net GHG benefit,
applicant eligibility, and land tenure assurances (see Wetlands Program Guidelines for
full details of legislative requirements for GHG grant funds).
The applicant will be asked to complete a brief summary of the proposed project, and
provide an estimate of the total project costs, including grant request amount. If
necessary, CDFW staff will be available to aid applicants to work through the QM and/or
Calculator Tool process.
Final Application Phase
Eligible pre-applicants will be invited back to submit a Final Application Proposal. Prior to
submittal of the Final Application Proposal, applicants will receive written comments that
must be addressed in the Final Application Proposal. Staff will be available to answer
questions and provide feedback until the Final Application Proposal application is open in
WebGrants (see Section 6 – Electronic Submittal).
Final Application Proposals will be scored based upon feasibility of the proposed project,
completeness of the application, technical merits of the proposed project, responsiveness
to staff input in the pre-application proposal phase, and past grant behavior (see Section
5.3 for further discussion of scoring criteria). Grant funds may be used to fund planning
efforts directly linked to an implementation project within the first year of the grant
agreement.
Eligibility Criteria
Eligibility requirements outlined below represent the minimum requirements for funding. Detailed information on various funding requirements can be found in the Wetlands Program Guidelines.
Applicants Eligible applicants are public agencies, Indian tribes, and nonprofit organizations as
defined in the Wetlands Program Guidelines.
2019 GHG Proposal Solicitation Notice Page 8
Project Types
All eligible projects must include implementation actions that restore or enhance coastal
tidal wetlands, Sacramento-San Joaquin Delta wetlands, mountain meadows, or
seasonal inland wetlands.
Projects must provide quantifiable GHG benefits and co-benefits that include monitoring
and assessment activities to document GHG benefits and co-benefits achieved through
project implementation.
Coastal Tidal Wetlands
The objective of this project type is to restore coastal tidal wetlands to achieve quantifiable
GHG benefits and co-benefits. Applicable projects are located within the coastal zone, as
defined in the California Coastal Act, or within the San Francisco Bay Conservation and
Deve lop m en t Com m ission ’s jurisd iction . Potential co-benefits associated with
restoring ecological function in coastal tidal wetlands include improved habitat for fish
and wildlife, sea-level rise and inland flooding adaptation, decreased air pollution, and
improved water quality. Projects may include restoration or enhancement of adjacent
upland habitat if necessary, as a buffer for future wetland migration with sea-level rise
or between marsh and other land-use types.
Sacramento-San Joaquin Delta Wetlands
The objective of this project type is to fund projects designed to restore wetlands in the
Sacramento-San Joaquin Delta2 to achieve quantifiable GHG benefits and co-benefits.
Potential co-benefits include subsidence reversal, sea-level rise and inland flooding
adaptation, improved water quality, and improved conditions for native species. Projects
should contribute to the restoration goals of California EcoRestore. The geographic scope
of this priority is the legal Sacramento-San Joaquin Delta as defined in California Water
Code Section 12220.
Mountain Meadows
The objective of this project type is to fund projects to restore mountain meadow
ecosystems to achieve quantifiable GHG benefits and co-benefits. Potential co-benefits
include improved groundwater storage, reduced and delayed peak flows, increased late
season flow, improved water quality, reduced susceptibility to catastrophic wildfire,
improved climate refugia, and improved habitat for native species.
2 The conversion of row crops or other land uses to rice cultivation is not an eligible project type for the purposes of this PSN.
2019 GHG Proposal Solicitation Notice Page 9
Seasonal Inland Wetlands
The objective of the project type is to fund projects to restore seasonal freshwater wetlands on mineral soils, including lands used for forestry, cropland, grazing, settlements, and rewetted mineral soils. Mineral soil wetlands include riparian wetlands, forested swamps and marshes and can occur in all climate zones in California.
Project Category
Planning and Implementation
Applicants may request funding for both Planning and Implementation Phases of a
project. The Planning Phase includes completing CEQA/NEPA compliance,
environmental permitting, and developing engineering design plans to at least 65%. The
Planning Phase is limited to one year (from grant agreement execution) to ensure enough
time and funds are available for Implementation Phase completion. Applicants will be
asked to provide a summary of work completed to date, discuss data gaps, explain
proposed assessment methods, provide a description and status of required permits, and
provide presumed type and status of CEQA/NEPA documentation. In addition, technical
justification for the proposed actions and resulting benefits, and a discussion of any
potential adverse impacts related to implementation of the project, must be provided. For
additional information regarding different design phases, please see Section 3.6 of the
Wetlands Program Guidelines.
Implementation Only Projects
Final Application Proposals for Implementation Only projects must include 65% plans and an accompanying basis of design (BOD) report. Applicants will be asked to provide a technical justification for the proposed actions and claimed benefits, a discussion of any potential adverse impacts of the chosen restoration technique and how these will be addressed, a summary of assessments conducted to inform the design, CEQA/NEPA status, permit status, and identify work windows. An alternatives analysis must be included (if applicable). The alternatives analysis should include a discussion of different potential restoration techniques, and technical justification for the chosen method.
Proposal Requirements
Wetlands Program Guidelines
Applicants should review the Wetlands Program Guidelines to find detailed information
on required documentation, scoring criteria, grant agreement development, auditable file
requirements, legislative requirements, and other key programmatic guidance.
2019 GHG Proposal Solicitation Notice Page 10
GHG Benefits Requirements
All projects are required to show a net GHG benefit and provide multiple other co-benefits.
Estimates of the net GHG benefit for the proposed project account for all relevant GHGs
(carbon dioxide [CO2], methane [CH4], and nitrous oxide [N2O]). Applicants must use the
CARB Calculator Tool to estimate GHG benefits for each eligible project type.
Co-Benefits
All proposed projects must provide co-benefits. Co-benefits may include, but are not
limited to:
• Habitat or species conservation3
• Climate change adaptation
• Soil health and conservation
• Job creation and quality
• Trees planted
• Emissions reductions Applicants should refer to the Wetlands Program Guidelines for further information on co- benefits.
Land Tenure and Site Access Requirement Per AB 109 (Budget Act of 2017, Chapter 249, Statutes of 2017) and SB 856 (Budget Act
of 2018, Chapter 30, Statues of 2018), projects "shall be used for wetland restoration
projects that will be managed to maintain benefits for at least 50 years, underpinned by
conservation easements or equivalently enforceable conservation agreements that
endure for at least 50 years.” If CDFW determines that an applicant has not adequately
demonstrated tenure and control of the property(ies), the project will not be eligible for
funding. Additional information on this requirement can be found in the Wetlands Program
Guidelines.
3 Habitat or species conservation may include but not limited to implementation of actions found in State Wildlife Action Plan, California Water Action Plan, state and federal recovery plans, or other relevant conservation plans and programs.
2019 GHG Proposal Solicitation Notice Page 11
Ineligible Activities
Activities ineligible for funding under this PSN include:
• Projects associated with regulatory compliance obligations
• Projects implementing deferred maintenance
• Conservation easements or equivalent conservation agreements
• Purchase of land or interest in land or water
• The conversion of row crops or other land uses to rice cultivation
Pre-Application Phase
Pre-Application Proposal Requirements
The following items will be required for the Pre-Application Proposal:
• Completed 2019 GHG PSN Pre-Application Proposal (Appendix A) o Brief project description including proposed actions and GHG and co-
benefits
o Conceptual Models o Task-level timeline o Estimated project cost
• Project location map, shapefiles, and coordinates (latitude/longitude, NAD83)
• Completed Quantification Methodology Calculator for GHG estimates
• Proof of land tenure or a document affirming the landowner’s willingness to provide land tenure for at least 50 years after construction is complete (e.g., willing seller letter)
A summary of each of the eligibility requirements is provided in Sections 2. Detailed information on eligibility requirements can be found in the Wetlands Program Guidelines. Please carefully review this information before submitting your application.
Pre-Application Proposal Submission Process Pre-Application Proposals will be accepted from June 25 to August 13, 2019 through CDFW WebGrants. Hardcopy or email submissions will not be reviewed or considered for funding. See Electronic Submittal requirements in Section 6.
Online submittal of Pre-Application Proposals must be received before 4:00 PM,
PDT on August 13, 2019.
Pre-Application Proposal Evaluation Process
The Pre-Application Proposal evaluation process will use a "Yes/No” eligibility scoring
2019 GHG Proposal Solicitation Notice Page 12
method based on Pre-Application Proposal Evaluation Criteria (Table 2) below. Proposals
must receive a "Yes” for all eligibility criteria to participate in the Final Application Proposal
Phase. Successful applicants will be invited to submit a Final Application Proposal. CDFW
technical review team will provide applicants comments/questions to help guide their
preparation of the Final Application Proposal.
Table 2. Pre-Application Proposal Evaluation Criteria
Criteria Score
All Pre-Application Proposal components have been completed in the required formats,
including all proposal forms, associated documents, and the applicant’s contact
information, including person authorized to sign grant agreement.
Yes/No
Applicant is an eligible entity. Yes/No
Proposal represents an eligible project type (see Section 2.2 – Project Types). Yes/No
Proposed project does not include any ineligible activities (see Section 3.5 - Ineligible
Activities)
Yes/No
Proposal project includes an estimate of GHG benefits developed through use of CARB
approved tools for the Wetlands Program.
Yes/No
Proposal includes documentation addressing legal requirements for land tenure over the
Project Life, at least 50 years after construction is complete.
Yes/No
Final Application Phase
As noted in Section 1.3 - Overview, only those applicants that successfully submitted a Pre-Application will be invited to submit a Final Application Proposal. Information submitted in the Pre-Application Proposal will not need to be resubmitted for the Final Application Proposal. Applicants must address the comments provided in the Pre- Application Phase in the Final Application Proposal.
Final Application Proposal Requirements
Required Documentation for Final Application Proposals
• Detailed Scope of Work (SOW) o SOW o Environmental Compliance and Permitting o Schedule o Technical Justification Attachment
• Biographical Sketches/Project Team and Qualifications
• Budget Tables o Line Item Budget o Budget Justification o Cost Share
• Project Objectives and Performance Measures
2019 GHG Proposal Solicitation Notice Page 13
• Monitoring and Long-Term Management Plan
• Priority populations information (If applicable) o Community Engagement
Detailed Scope of Work
The SOW should include a list of task and subtasks and a succinct description of the work
to be completed under each such that all work needed to complete the project is apparent
in the SOW. The SOW must include work funded by other sources that is integral to
project design/implementation. Relevant deliverables should be listed for each task. The
SOW should include a brief overview of work completed to date and status of each task.
The SOW must be consistent with the budget justification and schedule (task numbers,
tasks names, etc.).
Technical Justification
Proposals must include a technical justification for the restoration or enhancement
project. The applicant must describe and justify the following:
1. The project need;
2. The proposed assessment methods and restoration or enhancement techniques;
3. All claimed benefits (summarize appropriate scientific papers and include
appropriate citations);
4. A discussion of the period (minimum 50 years after construction is complete) over
which the project will yield GHG benefits must be included;
5. The need and means of adaptive management;
6. Any potential adverse impacts and how those impacts will be mitigated; and
7. A summary of the alternatives analysis.
Budget
Applicants must submit a project budget with the Final Application Proposal. The budget must provide enough detail for reviewers to understand how the requested funds will be used, why the expenses are necessary, and how the applicant estimated project costs. Planning and Implementation projects must estimate costs for the Planning Phase separately from the Implementation Phase. The Planning Phase must be complete within one year of grant agreement execution, and the majority of grant funds must be spent on the Implementation Phase. The following forms capture project budget information.
Line Item Budget
The Line Item Budget is for requested CDFW funds only. The applicant must list the estimated expenses for the staff time, materials, equipment, travel, etc. to complete the project. Project expenses must be itemized and placed under these four budget categories:
2019 GHG Proposal Solicitation Notice Page 14
1. Personnel Services, 2. Operating Expenses: General, 3. Operating Expenses: Subcontractors, and 4. Equipment and Other Indirect-Excluded Operating Expenses.
Subcontractor Budget
The Subcontractor Budget must be supplied for requested CDFW funds only. This form is similar to the Line Item Budget but is specific to subcontractors. The applicant must submit a Subcontractor Budget for each subcontractor on the Project Team. If the applicant has not yet hired a subcontractor, the applicant is still required to provide a Subcontractor Budget for the role (e.g., Construction Subcontractor [TBD], GHG Analyst [TBD]) and justify the estimated costs.
Budget Justification
Applicants must provide a Budget Justification. The applicant must provide justification for all expenses related to tasks outlined in the SOW and describe how they estimated these costs. In addition to justifying each line item, applicants must justify their indirect cost rate.
Cost Share
Cost share are funds that come from other sources (applicant or other) that support the
project in addition to the requested CDFW funds. The Cost Share Table is where
applicants disclose the cost share that they have applied for (unsecured) or secured. The
Total Project Cost is the combined total of the cost share funds and the requested CDFW
funds.
Schedule and Deliverables
The Schedule and Deliverables Table should match the SOW and describe key project
milestones and/or deliverables for each task and their estimated completion date. The
purpose of this table is to demonstrate that the applicant will complete project tasks in a
logical order, has allotted sufficient time for each task, and can demonstrate that they
have accounted for all environmental compliance and permitting.
Community Engagement and Priority Populations
Where applicable and to the extent feasible, projects must maximize economic, environmental, and public health co-benefits to the State. Proposals must include expected project co-benefits for Community Engagement, using CARB methods and resources:
• Community Engagement Co-Benefit Assessment Methodology
• Fillable Community Engagement Questionnaire
2019 GHG Proposal Solicitation Notice Page 15
• Literature Review on Community Engagement
If the applicant claims benefits to a Priority Population, then the applicant is required to use a three-step process to evaluate whether their proposed project will benefit Priority Populations. Applicants must provide a clear description of any expected benefits, the link between those benefits and the needs of the community or household, and proposed metrics for tracking and reporting the benefits.
Qualifications and Licensed Professionals
Applicants must describe projects completed by the applicant or other qualifications that
demonstrate the project team has the experience, facilities/equipment, and capacity to
perform the proposed tasks. Certain assessments and design components require the
services of an appropriately licensed professional (see Wetland Program Guidelines
Section 3.5). These requirements will not be waived based upon letters submitted with
the application. Applications for Implementation Only proposals will be considered
ineligible if appropriate professionals are not included on the design team.
Environmental Compliance and Permitting
Proposals must include a list of required permits and type of CEQA/NEPA documentation
anticipated or completed. Any completed CEQA/NEPA documents or permits should be
included in an attachment to the proposal.
Proposals that include preparation of CEQA and NEPA must identify the anticipated State
and federal lead agencies and document whether those agencies have accepted the role.
CDFW will consider CEQA complete when a lead agency has filed a Notice of
Determination with the Office of Planning and Research or a Notice of Exemption with the
appropriate local county(ies).
Implementation Only proposals must complete CEQA and permitting prior to grant
agreement execution (typically six to twelve months of award date). Planning and
Implementation proposals must complete CEQA and permitting within one year of grant
agreement execution.
Monitoring and Long-Term Management
Applicants must provide project specific performance measures linked to all benefits
claimed and the proposed method for measuring attainment of benefits (see guidance for
Community Engagement and Priority Populations in Section 5.1.10). Assessment
methodologies for benefits claimed (other than GHG benefits) may be quantitative or
qualitative.
All awarded projects are required to complete a project specific monitoring plan for CDFW
2019 GHG Proposal Solicitation Notice Page 16
review and approval prior to project implementation (see Wetlands Program Guidelines
for more information).
Final Application Submission Process
Submission for Final Application will be by invitation only. Applications will not be
accepted for proposals that were not submitted in the Pre-Application Phase. Final
Application Proposals will be accepted from September 3 to October 15, 2019 through
CDFW WebGrants. Hardcopy or email submissions will not be reviewed or considered
for funding. See Electronic Submittal requirements in Section 6.
Online submittal of Final Application Proposals must be received before 4:00 PM,
PDT on October 15, 2019.
All information requested in this PSN is mandatory unless otherwise indicated. Incomplete
proposals may not be reviewed or considered for funding.
Proposals are subject to Public Records Act requests and may be made publicly
available.
Final Application Proposal Review Evaluation Process
Final Application Proposal Administrative Review
Administrative Review determines if the Final Application Proposal is complete. If all
appropriate forms and attachments are completed and submitted, the proposal will pass
the Administrative Review. A page with the title and no content will be considered a
missing attachment. Administrative Review Evaluation Criteria is summarized below in
Table 3. Proposals that receive a "No” for the Administrative Review Evaluation Criterion
will be considered incomplete and will not be considered for funding.
Table 3. Administrative Review Evaluation Criteria Score All Final Application Proposal components have been completed in the required formats,
including all proposal forms, associated documents, and the applicant’s contact
information, including person authorized to sign grant agreement.
Yes/No
Technical Review
Table 4 provides an overview of the Technical Review Criteria. Technical reviewers evaluate each proposal in accordance with the Technical Review Criteria Instructions (see Wetlands Program Guidelines Section 4.2.2) and may make narrative comments that support their scores.
2019 GHG Proposal Solicitation Notice Page 17
Table 4. Technical Review Criteria
CRITERIA WEIGHTING
FACTOR MAXIMUM
SCORE
TECHNICAL / SCIENTIFIC MERIT
1 Project Background /Technical Merit 2 10
2 Diversity and Significance of Benefits 2 10
3 Project Readiness 2 10
4 Approach, Feasibility, and Scope 4 20
5 Performance Measures and Proposed Monitoring Measures
2 10
6 Project Team Qualifications 1 5
7 Responsiveness to Pre-Application Comments/Past Grantee Performance
1 5
PROJECT COSTS
8 Applicant Budget 1 5
9 Budget Justification 2 10
10 Cost Share 1 5
COMMUNITY / STAKEHOLDER SUPPORT
11 Community Support and Collaboration 1 5
12 Priority Populations 1 5
Total Possible Score 100
Engineering-Geology Review
All proposed project types that will include altering surface or groundwater flow, ground surface disturbance (other than planting), or fish passage shall include an Engineering- Geology review. Engineering-Geology Review will evaluate and score proposals based on: 1) the soundness of the technical approach and proposed restoration strategy; 2) the characterization of existing site conditions; 3) the status/level of design drawings (if appropriate), and 4) the adequacy of work tasks, project team, and budget for addressing technical aspects of the project. Engineering-Geology reviewers will evaluate each proposal in accordance with the Engineering-Geology Review Criteria Instructions (see Wetlands Program Guidelines page.
Engineering staff will evaluate applications with the following scoring criteria:
• 2 points - Proposal appears to be technically adequate • 1 point - Concerns were identified that could impact project success
• 0 points - Plans do not appear to meet minimum design level or insufficient
information was provided to determine technical adequacy
This score will be provided to the Selection Panel for consideration with the technical
review scores.
2019 GHG Proposal Solicitation Notice Page 18
Selection Panel Review
The Selection Panel will review the scores and comments from the Technical Review
process. The Selection Panel will generate the initial funding recommendations to the
Director of CDFW. When developing the funding recommendation, the Selection Panel
considers:
• Technical Review scores and comments
• Engineering-Geological Review, if applicable
• GHG benefits and co-benefits
• Benefits to Priority Populations
• Project readiness (degree to which project is "shovel ready”)
• Program purposes
• Availability of funds
The Selection Panel may recommend modifications, including reducing requested grant
amounts.
Final Approval
The Director of CDFW will review the Selection Panel funding recommendations and
make the final funding approval. CDFW anticipates awarding grants in December 2019
or January 2020, with grant agreement execution approximately six to twelve months
from award date.
Electronic Submittal
Proposals must be submitted electronically through CDFW WebGrants. Applicants must
have an active WebGrants user account to apply. The Pre- and Final Applications are
listed under the WebGrants Funding Opportunity "2019 Wetlands Restoration for
Greenhouse Gas Reduction Grant Program” and consist of multiple forms consisting of
dropdown menus, text boxes, multiple-choice selections, or uploaded attachments to
answer application questions. The Final Application will only be visible after the Pre-
Application Phase to successful applicants.
All information requested in this PSN is mandatory unless otherwise indicated. Incomplete
proposals may not be reviewed or considered for funding. Proposals are subject to Public
Records Act requests and may be made publicly available.
The WebGrants Help Desk is staffed Monday - Friday (9:00 AM - 4:00 PM) and can be
reached by phone at (916) 323-0477 or by email [email protected]. For
questions regarding the PSN, email [email protected].
2019 GHG Proposal Solicitation Notice Page 19
CDFW WETLANDS RESTORATION FOR GREENHOUSE GAS REDUCTION GRANT PROGRAM
APPENDIX A: 2019 PROPOSAL SOLICITATION NOTICE PRE- APPLICATION PROPOSAL TEMPLATE
(2-3 PAGES NOT INCLUDING TABLES; REMOVE INSTRUCTIONS BEFORE SUBMITTING)
General Information Project Title: Application Number:
Applicant: Full legal title of organization requesting funding Organization Type:
Mailing Address: Primary Contact: Phone:
Primary Contact Title: Email:
Amount Requested: Total
CDFW Requested Amount
Total Project Cost:
Estimated Cost for this
Project Phase (CDFW + cost
share)
Project Duration: Estimated
Start (no sooner than June 1,
2020) and End Dates (no
later than January 1, 2025 for
UC/CSUs or March 15, 2025
for all other applicants)
Project Type: Select one
Coastal Wetlands
Delta
Mountain Meadows
Seasonal Inland Wetlands
Project Category: Select one
Implementation only
Planning and Implementation
Project Latitude Coordinates (Project
Centroid, decimal degrees, NAD83):
Project Longitude Coordinates (Project
Centroid, decimal degrees, NAD83):
Landowner(s): Applicant, federal, State,
local, NGO, private
County(ies): Which counties is the project
in?
Project Summary
Project Description Briefly describe the project. Identify the problem or need and how the proposed project will provide a solution. Describe the project objectives (e.g., the project will restore or enhance habitats or ecosystem function, result in improved land management for wildlife). Identify the existing habitat shortcomings, specific methods used to restore or enhance habitats, greenhouse gas (GHG) benefits, and describe all resulting habitat(s), including acreage by habitat type and, where appropriate, the length and width (in feet) of the resulting restored or enhanced habitat. Identify current and past major land uses. Describe long-term management and maintenance activities of the project site and identify who will be responsible for those activities.
Conceptual Model 1. Attach conceptual model figure(s) in “Pre-Application Attachments.”
2. Describe conceptual model(s) as it relates to your project and how the proposed restoration
activities result in net GHG benefits. Include a discussion of the period of time, minimum of
50 years, over which the project will yield GHG benefits.
2019 GHG Proposal Solicitation Notice Page 20
CDFW WETLANDS RESTORATION FOR GREENHOUSE GAS REDUCTION GRANT PROGRAM
APPENDIX A: 2019 PROPOSAL SOLICITATION NOTICE PRE- APPLICATION PROPOSAL TEMPLATE
(2-3 PAGES NOT INCLUDING TABLES; REMOVE INSTRUCTIONS BEFORE SUBMITTING)
Timeline Provide the proposed project timeline that outlines the key project milestones and their estimated dates chronologically in the table below. Examples of project milestones are included in the table.
Key Project Milestones Estimated Dates Project Start Start date cannot be sooner than June
1, 2020
Final engineering designs complete CEQA compliance complete and all permits in- hand
Baseline/Pre-Construction Monitoring
Construction Start
Construction End
Revegetation and habitat enhancement
Post-Project Monitoring
Final Report
Project End End date cannot be later than January 1, 2025 for UC/CSUs or March 15, 2025 for all other applicants
Estimated GHG Benefit The Wetlands Calculator Tool and its supporting Quantification Methodology (QM) can be found
at http://www.arb.ca.gov/cci-resources under the “Natural Resources and Waste Diversion”
header and California Department of Fish and Wildlife Wetland Restoration (see Figure 1 below).
2019 GHG Proposal Solicitation Notice Page 21
CDFW WETLANDS RESTORATION FOR GREENHOUSE GAS REDUCTION GRANT PROGRAM
APPENDIX A: 2019 PROPOSAL SOLICITATION NOTICE PRE- APPLICATION PROPOSAL TEMPLATE
(2-3 PAGES NOT INCLUDING TABLES; REMOVE INSTRUCTIONS BEFORE SUBMITTING)
Figure 1. The Wetlands Restoration Program QM and Calculator Tool are available on the CARB
website in the CCI Quantification, Benefits, and Reporting Materials table
1. Attach completed Quantification Methodology Calculators in “Pre-Application Attachments”
2. In addition to providing results from the CARB approved quantification methodologies,
applicants may provide additional site-specific data and alternative calculation methods to
estimate GHG benefits. Attach any additional quantification methodology to “Pre-Application
Attachments.” This attachment is optional.
3. Provide the estimated GHG benefit over the project life (50 years after construction is
complete) as calculated in the Quantification Methodology for CDFW Wetlands Restoration
for Greenhouse Gas Reduction Grant Program.
Land Tenure 1. Please describe the status and expected conclusion of landowner negotiations, including
estimated date by which negotiations will result in a conservation easement or an equivalently
enforceable conservation agreement to manage and maintain restoration project benefits for
at least 50 years (AB 109, Budget Act of 2017, Section 14, Provision 1 and SB 856, Budget
Act of 2018, Section 21, Provision 1).
2. Attach Land Tenure Documents in “Pre-Application Attachments.”
a. If applicant is not the landowner, please attach a document affirming the landowner
will enter into a conservation easement or an equivalently enforceable conservation
agreement for at least 50 years after construction is complete or an existing
conservation easement/agreement.
b. If the applicant is the landowner, please attach proof of ownership.
2019 GHG Proposal Solicitation Notice Page 22
CDFW WETLANDS RESTORATION FOR GREENHOUSE GAS REDUCTION GRANT PROGRAM
APPENDIX A: 2019 PROPOSAL SOLICITATION NOTICE PRE- APPLICATION PROPOSAL TEMPLATE
(2-3 PAGES NOT INCLUDING TABLES; REMOVE INSTRUCTIONS BEFORE SUBMITTING)
Project Location Map Clearly identify the project’s location in relation to prominent area features in a Project Location Map. The map should provide sufficient detail to allow a person unfamiliar with the area to locate the project. Attach the Project Location Map in “Pre-Application Attachments.”
Project Shapefiles Upload a shapefile or kmz in “Pre-Application Attachments” under “Project Shapefile.” Note: If your Project is selected for funding, you may be required to submit more detailed shape files or kmz files.
• Attach a polygon boundary of the proposed project using one of the formats
below:
o Shapefile (shs): zipped o Keyhole Markup Language: zipped (kmz)
• Project sites separated by more than 0.5 miles should be included as separate
polygons. Include the following in the file to be uploaded:
o Application Number: (found near the top left of the page in your application).
o Applicant Name o Project Title o Site Name