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Governor’s Office of Land Use and Climate Innovation– Extreme Heat and Community Resilience Program – Round 1 <br />Grant Number: LCI SPPD24132, City of San Leandro <br />Page 16 <br /> <br /> Exhibit D, Special Terms and Conditions <br />Exhibit D, Special Terms and Conditions <br />1. Compliance with Laws and Regulations <br />By signing this Grant Agreement, Grantee certifies that it shall comply fully with all <br />applicable federal, state, and local laws, ordinances, regulations, and permits and <br />shall secure any new permits required by authorities having jurisdiction over the <br />Project(s), and maintain all presently required permits. <br />Grantee is responsible for complying with all applicable requirements, if any, of the <br />California Environmental Quality Act (CEQA) (Pub. Resources Code, §§ 21000 et <br />seq.). LCI’s selection of a Project for a planning grant does not foreclose <br />appropriate consideration of alternatives or mitigation measures that would reduce <br />or eliminate adverse environmental effects of any project during the CEQA review <br />process. Nor does it foreclose the possibility that the project may be denied due to <br />its significant environmental effects, if any. No work that is subject to CEQA may <br />proceed until clearance is given by all lead and responsible agencies. <br />2. Subcontractors and Partners <br />LCI ’s contractual relationship is with Grantee, and not any of its Partners or <br />subcontractors. Grantee is entitled to make use of its own staff, Partners, and <br />subcontractors, as identified in the Budget Detail Worksheet (Attachment 4), and will <br />comply with its own competitive bidding and sole sourcing requirements for <br />subcontracts that arise out of or in connection with this Grant Agreement. Grantee <br />shall manage, monitor, and accept responsibility for the performance of its own <br />staff, Partners, and subcontractors, and will conduct Project activities and services <br />consistent with professional standards for the industry and type of work being <br />performed under this Grant Agreement. <br />Nothing contained in this Grant Agreement or otherwise shall create any <br />contractual relationship between LCI and any Partners or subcontractors, and no <br />subcontract shall relieve Grantee of its responsibilities and obligations hereunder. <br />Grantee agrees to be as fully responsible to LCI for the acts and omissions of <br />Partners and subcontractors and of persons either directly or indirectly employed by <br />any of them as it is for the acts and omissions of persons directly employed by <br />Grantee. Grantee's obligation to pay Partners and subcontractors is an <br />independent obligation from LCI’s obligation to make payments to Grantee. As a <br />result, LCI shall have no obligation to pay or to enforce the payment of any moneys <br />to any Partner or subcontractor. <br />3. No Third-Party Beneficiaries <br />This Grant Agreement is not intended for the benefit of any person or entity other <br />than the Parties, and no one other than the Parties themselves may enforce any of <br />the rights or obligations created by this Grant Agreement. <br />4. Project Monitoring and Oversight <br />A. Project monitoring and oversight is essential to ensure the Project stays within <br />scope and is completed on schedule and within budget in accordance with this <br />Grant Agreement. It is the responsibility of the Grantee to monitor the Project to <br />ensure that it is completed in accordance with this Grant Agreement.