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Grantee <br />BSCC xxx-26 <br />Page x of x <br />EXHIBIT D: SPECIAL TERMS AND CONDITIONS <br />Rev 04/2020 <br />1. GRANTEE’S GENERAL RESPONSIBILITY <br />A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and <br />approval by the BSCC are solely for the purpose of proper administration of grant funds and shall <br />not be deemed to relieve or restrict the Grantee’s responsibility. <br />B. Grantee is responsible for the performance of all project activities identified in Attachment 1: <br />Proposition 64 PH&S Grant Request for Proposals and Attachment 2: Proposition 64 PH&S Grant <br />Program Cohort 4 Application for Funding. <br />C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise <br />during the course of the project. <br />2. GRANTEE ASSURANCES AND COMMITMENTS <br />A. Compliance with Laws and Regulations <br />This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the <br />State of California. Grantee shall at all times comply with all applicable State laws, rules and <br />regulations, and all applicable local ordinances. <br />B. Fulfillment of Assurances and Declarations <br />Grantee shall fulfill all assurances, declarations, representations, and statements made by the <br />Grantee in Attachment 1: Proposition 64 PH&S Grant Request for Proposals and Attachment 2: <br />Proposition 64 PH&S Grant Program Cohort 4 Application for Funding, documents, amendments, <br />approved modifications, and communications filed in support of its request for grant funds. <br />C. Permits and Licenses <br />Grantee agrees to procure all permits and licenses necessary to complete the project, pay all <br />charges and fees, and give all notices necessary or incidental to the due and lawful proceeding <br />of the project work. <br />3. POTENTIAL SUBCONTRACTORS <br />A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for <br />services needed to implement and/or support program activities. Grantee agrees that in the event <br />of any inconsistency between this Grant Agreement and Grantee’s agreement with a <br />subcontractor, the language of this Grant Agreement will prevail. <br />B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation <br />between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his <br />responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the <br />BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly <br />employed by any of them as it is for the acts and omissions of persons directly employed by the <br />Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the <br />BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no <br />obligation to pay or to enforce the payment of any moneys to any subcontractor. <br />C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the <br />[Grant Program Name] RFP and described in Appendix B. <br />D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity <br />bonds, as is customary and appropriate, will be obtained. <br />E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring <br />the Grantee’s subcontractors to: <br />1) Books and Records SAMPLE7.C. - Page 95 of 101 <br />154