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28.INDEMNIFICATION Grantee shall be responsible for, and DPR shall not be answerable or accountable in any manner for, any loss or expense by reason of any damage or injury to person or property, or both, arising out of or related in any way to activities carried out by Grantee, its agents, officers, contractors, subcontractors and/or employees, under this Agreement Grantee shall protect, hold harmless, indemnify and defend DPR, its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with Grantee or Grantee’s contractor’s or subcontractor’s activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees. 29.FUNDS ASSIST The Funds Assist process has been developed by DBW as a method for grantees with excessive, unused funds to assist other participating SAVE agencies in need. Funds Assist is a voluntary action (by both agencies) until within three (3) months of the expiration date of the grant at which time it will become a required action of those agencies with remaining grant balances, at DBW’s discretion. The Funds Assist process works as follows: a.An introduction is made by DBW between the agency with excessive funds (Agency A) and the agency in need (Agency B). b.A deadline shall be imposed by DBW for the work to be completed by Agency B. c.Agency B pays for all contractor invoices, as is required with the SAVE grant. d.The 10% required match is the obligation of Agency B and may be met with cash, in- kind services, or a combination of both. e.To obtain reimbursement, Agency B will be required to supply the following to Agency A: (1)A Tax Identification Form (W-9) (2)All requirements/documents apply as outlined in this agreement under #24 (3)A statement on Agency B’s letterhead invoicing Agency A for the total reimbursement request. (4)Copies of completed forms and support documents to DBW for pre- approval. f.Agency A completes the following actions: (1)Upon approval by DBW, pay Agency B the invoiced amount within 30 days and record as a pass-through grant (or use your accounting method preference). (2)Complete DBW’s Abandoned Vessel and/or Surrendered Vessel Reimbursement Claim Form and attach all supporting documents as listed in item b, c & d above, including the verification of payment to Agency B i.e., cancelled check or statement from Agency B of payment received. (3)Email the documents to the DBW program administrator for review. Once reviewed and approved, send finalized claim forms to DBW for payment processing. Date: 09/20/2023 Contract # C23SO609, City of San Leandro Marina, Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2023/2024 __________________________________________________________________________ Page: 17 of 4343