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Grant Agreement No. 4600011889 <br />Page 20 of 32 <br />D.5) AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that <br />it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), <br />which prohibits discrimination on the basis of disability, as well as all applicable regulations and <br />guidelines issued pursuant to the ADA. <br />D.6) APPROVAL: This Agreement is of no force or effect until signed by all parties to the agreement. <br />Grantee may not submit invoices or receive payment until all required signatures have been <br />obtained. <br />D.7) AUDITS: State reserves the right to conduct an audit at any time between the execution of this <br />Grant Agreement and the completion of Project, with the costs of such audit borne by State. <br />After completion of the Project, State may require Grantee to conduct a final audit to State's <br />specifications, at Grantee's expense, such audit to be conducted by and a report prepared <br />by an independent Certified P6blic Accountant. Failure or refusal by Grantee to comply with <br />this provision shall be considered a breach of this Grant Agreement, and State may elect to <br />pursue any remedies provided in Paragraph 10 or take any other action it deems necessary to <br />protect its interests. <br />Pursuant to Government Code §8546.7, the Grantee shall be subject to the examination and <br />audit by the State for a period of three years after final payment under this Grant Agreement <br />with respect to all matters connected with this Grant Agreement, including but not limited to, <br />the cost of administering this Grant Agreement. All records of Grantee or its contractor or <br />subcontractors shall be preserved for this purpose for at least three (3) years after project <br />completion or final billing, whichever comes later. <br />D.8) BUDGET CONTINGENCY: It the Budget Act of the current year covered under this Grant <br />Agreement does not appropriate sufficient funds for the Proposition 1 Imp[ementation Grant <br />Program, this Grant Agreement shall be of no force and effect. This provision shall be <br />construed as a condition precedent to the obligation of State to make any payments under <br />this Grant Agreement. In this event, State shall have no liability to pay any funds whatsoever to <br />Grantee or to furnish any other considerations under this Grant Agreement and Grantee shalt <br />not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant <br />Agreement shall be construed to provide Grantee with a right of priority for payment over any <br />other Grantee. If funding for any fiscal year after the current year covered by this Grant <br />Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the <br />Department of Finance, State.shall have the option to either cancel this Grant Agreement <br />with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to <br />reflect the reduced amount, <br />D.9) CALIFORNIA CONSERVATION CORPS: As required in Water Code §79038(b), Grantee shall <br />examine the feasibility of using the California Conservation Corps or community conservation <br />corps to accomplish the habitat restoration, enhancement and protection activities listed in <br />the Exhibit A, Work Plan, and shal[ use the services of one of these organizations whenever <br />feasible. <br />D.10) CEQA: Activities funded under this Grant Agreement, regardless of funding source, must be in <br />compliance with the California Environmental Quality Act (CEQA) (Public Resources Code <br />§21000 etseq.). Information on CEQA may be found at the following links: <br />Environmental Information: httr)://resources.co.gov/cega/ <br />California State Clearinghouse Handbook: <br />https://www.opr.ca.ciov/docs/SCH Handbook 2012. df <br />