STAFF REPORT
Agenda Item # 9.2
AGENDA DATE: April 22, 2024
TO: Board of Directors
PREPARED BY: Juliette Bohn, Infrastructure Programs Manager SUBJECT: Regional Resilience Grant Program
BACKGROUND
In September 2023 RCEA staff applied for the California Office of Planning and Research Regional Resilience Grant Program (RRGP). The primary focus of the RCEA proposal titled “Energy-Resilient Fire Services in High-Threat Communities” is to construct resilient energy systems (solar panels + battery energy storage) at fire stations that serve high-fire risk areas in remote communities in Humboldt County. In December 2023, RCEA was awarded $3,000,000 in RRGP funds.
Fire stations are essential to resilience planning as they are the first to respond when disasters strike and address many routine non-fire medical emergencies on a day-to-day basis. When regional fire stations operate during power outages, vulnerable populations such as the elderly, disabled, and community members with medical needs are protected. Further, many fire stations have co-located community spaces that provide staging for food and water distribution following disasters. Fire station “areas of responsibility” go well beyond the communities in which they are based and will therefore enhance emergency response coverage across the most remote, vulnerable portions of the County.
The RCEA project offers many benefits beyond establishing energy resilient critical facilities.
During “blue-sky” (non-emergency) operations these facilities will be able to reduce grid energy consumption and peak energy use, reducing fire station electricity bills. The local grid itself will be strengthened by having power generation at the grid edges and this project will help local fire districts comply with pending legislation AB 944 which would require 96 hours of off-grid run-time at all fire stations by January 2026.
Greenhouse gas emissions will be reduced from offset grid energy use and reduced fossil fuel generator use. Additional benefits include reduced noise from generators, improved air quality, and enhanced public safety. Finally, first responder experience working with renewable power systems will enhance skills and knowledge to safely respond to structure fires at buildings with renewable power systems installed as is becoming more common.
This project also includes funding for regional prescribed fire trainings conducted by the UC Cooperative Extension in collaboration with the Humboldt County Prescribed Burn Association 143
and the Briceland Fire Department. This coalition has conducted prescribed fire trainings throughout the County for years under a grant that recently expired. These trainings are well attended, and the Tribal-led Fire Behavior course included in the trainings is in high demand.
This project is based on the formation of a regional partnership with 16 fire stations in high-fire risk communities at the electric grid edge. Fire Station project partners include:
1. Yurok Tribe Fire Department
2. Hoopa Tribe Volunteer Fire Department
3. Karuk Department of Natural Resources
4. Blue Lake Volunteer Fire Department
5. Telegraph Ridge Volunteer Fire Company
6. Honeydew Volunteer Fire Department
7. Fruitland Ridge Volunteer Fire Company
8. Orick Volunteer Fire Department
9. Orleans Volunteer Fire Department
10. Petrolia Volunteer Fire Department
11. Salmon Creek Volunteer Fire Company
12. Bridgeville Fire Protection District
13. Briceland Volunteer Fire Department
14. Whitethorn Fire Protection District
15. Willow Creek Volunteer Fire Department
16. Westhaven Volunteer Fire Department
RCEA will serve as project lead and will collaborate with the fire station partners to permit, design, and install resilient energy systems. Regional fire station partners will be involved at every stage of the process, from initial system sizing and location to the final design review, permitting, commissioning, and operations. The fire stations will own and operate the renewable energy system equipment.
SUMMARY
To move forward with the CA Office of Planning & Research RRGP grant as awarded, RCEA needs to sign the Grant Agreement. Also, a pre-requisite of the RRGP Grant Agreement is that RCEA and project partners sign a Partnership Agreement that defines the roles and responsibilities of all parties. RCEA staff have developed the Partnership Agreement language per the grant requirements and have circulated the document to partners for signature.
Although the Grant award was delayed, there was no change to the 2.5-year required timeline, so staff is seeking prompt approval of the Grant Agreement to avoid further delays.
ALIGNMENT WITH RCEA’S STRATEGIC PLAN
The Energy-Resilient Fire Services in High-Threat Communities project fulfills the following RePower goals:
• Goal # - 1.2.1 Develop Emergency Response Capabilities • Goal # - 1.4.8 Develop Programs that Foster Social Equity. 144
• Goal # - 2.1.1 Support Member Agency and Local Government Energy Management. • Goal # - 2.1.4 Perform Energy Assessments
• Goal # - 2.1.5 Integrate Distributed Energy Resources. • Goal # - 2.1.7 Support and Deploy Microgrids.
• Goal # - 2.4.1 Support Customer Installation of Distributed Generation. • Goal # - 4.1.1 Maximize the Use of Local Renewable Energy to the Extent Technically and Economically Feasible and Prudent.
EQUITY IMPACTS
The Energy-Resilient Fire Services in High-Threat Communities project furthers the following RCEA Racial Justice Plan initiatives:
External Partnerships and Programs
1. Tribal Engagement:
b) RCEA staff will continue and expand efforts to identify opportunities to collaborate with local Tribes as partners on sustainable energy initiatives.
3. Energy justice in power procurement and energy resource development:
a) RCEA staff will incorporate energy justice best practices and affordability into renewable development and power purchase solicitations and resource planning. b) RCEA will continue to include project location and community benefit in its evaluation criteria for power solicitations, in an effort to contract for projects that benefit racially diverse communities and to avoid projects that are detrimental to those communities. d) For energy projects in which RCEA takes an active role in inception, development, ownership and/or operation, staff will work with private partners to collaborate and inclusively engage with local communities throughout the development process, rather than a “decide-announce-defend” approach.
FINANCIAL IMPACT
The $3M RRGP grant includes funds for administrative work, one half-time Project Manager, one half-time Technician, and one quarter time Specialist during the 2.5-year schedule. The remaining grant funds will be used to pay for renewable power systems equipment at the remote fire stations including hiring a qualified contractor(s) to design, permit, and install the systems, and to fund prescribed burn training. This grant did not require any match funds.
Roughly one-third of the funds are included in the FY 2024-2025 RCEA draft budget.
Although this project directly addresses resilience strategies in our RePower plan, it will slightly reduce CCE energy sales at participating sites. However, there are also potential revenue benefits such as cost reductions related to reduced peak load power purchasing on the spot market (e.g., power is more expensive when purchased the day-of versus through long-term 145
contracts). Staff plans to seek future funds to collect and analyze data at these types of sites so we can forecast the overall financial impact of local distributed energy resource projects.
STAFF RECOMMENDATION
Authorize RCEA Interim Executive Director to execute the California Office of Planning and Research Regional Resilience Grant Program Grant Agreement once finalized and reviewed by General Counsel.
Authorize RCEA Interim Executive Director to execute Partnership Agreement(s) with the RRGP fire station project partners.
ATTACHMENTS
1. Regional Resilience Grant Program Grant Agreement between RCEA and the CA Office of Planning and Research
2. Partnership Agreement(s) between RCEA and Regional Partners 146
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit A: Scope of Work
Exhibit A: SCOPE OF WORK_________________________________________________________________ 2
1. Purpose of the Agreement _____________________________________________________________________ 2
2. The Project is Defined by the Application and Award Letter______________________________________ 2
3. Grant Term ____________________________________________________________________________________ 3
4. Authorized Signatories__________________________________________________________________________ 3
5. Party Representatives __________________________________________________________________________ 3
6. Grantee Responsibilities ________________________________________________________________________ 4
7. Document Submission__________________________________________________________________________ 4
8. Reporting Requirements________________________________________________________________________ 4
9. No Work Outside the Project Area ______________________________________________________________ 5
10. Conditions for Beginning Work __________________________________________________________________ 6 Exhibit B: Budget Detail and Payment Provisions _____________________________________________ 9
1. Fiscal Administration and Payment _____________________________________________________________ 9
2. How to Submit Invoices_________________________________________________________________________ 9
3. Invoice Dispute _______________________________________________________________________________ 10
4. Budget Contingency Clause __________________________________________________________________ 10
5. Payment Provisions____________________________________________________________________________ 10
6. Travel Reimbursement_________________________________________________________________________ 11
7. Work Plan and Budget Modifications __________________________________________________________ 12
8. Amendments _________________________________________________________________________________ 12 Exhibit C, General Terms and Conditions ___________________________________________________ 14
1. Approval _____________________________________________________________________________________ 14
2. Amendment__________________________________________________________________________________ 14
3. Assignment ___________________________________________________________________________________ 14
4. Records Retention ____________________________________________________________________________ 14
5. Audit and Accounting ________________________________________________________________________ 14
6. Indemnification_______________________________________________________________________________ 15
7. Disputes ______________________________________________________________________________________ 15
8. Independent Grantee ________________________________________________________________________ 15
9. Non-Discrimination Clause_____________________________________________________________________ 15
10. Timeliness_____________________________________________________________________________________ 16
11. Governing Law _______________________________________________________________________________ 16
12. Unenforceable Provision ______________________________________________________________________ 16
13. Revenue _____________________________________________________________________________________ 16 Exhibit D, Special Terms and Conditions ____________________________________________________ 17
1. Compliance with Laws and Regulations _______________________________________________________ 17
2. Subcontractors and Partners __________________________________________________________________ 17
3. No Third-Party Beneficiaries ____________________________________________________________________ 17
4. Project Monitoring and Oversight ______________________________________________________________ 17
5. Dispute Resolution ____________________________________________________________________________ 18
6. Termination___________________________________________________________________________________ 19
7. Waiver of Rights_______________________________________________________________________________ 20
8. Insurance Requirements_______________________________________________________________________ 20
9. Stop Work ____________________________________________________________________________________ 21
10. Remedies of Nonperformance ________________________________________________________________ 21
11. Publicity ______________________________________________________________________________________ 21
12. Drug-Free Workplace Certification_____________________________________________________________ 23
13. Americans with Disabilities Act_________________________________________________________________ 24
14. Air/Water Pollution Violation Certification ______________________________________________________ 24
15. Payee Data Record Form - STD 204 ____________________________________________________________ 24
16. Equipment____________________________________________________________________________________ 24
17. Infrastructure _________________________________________________________________________________ 25
18. Debt Security _________________________________________________________________________________ 26
19. Force Majeure ________________________________________________________________________________ 26
20. Expatriate Corporations _______________________________________________________________________ 26
21. Corporation Qualified to do Business in California ______________________________________________ 26
22. Self-Dealing and Arm’s Length Transactions ____________________________________________________ 26 147
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit A: Scope of Work
23. Relocation____________________________________________________________________________________ 26
24. Child Support Compliance Act ________________________________________________________________ 26
25. Environmental Justice _________________________________________________________________________ 27
26. Union Organizing _____________________________________________________________________________ 27
27. Prevailing Wages and Labor Compliance______________________________________________________ 27 Exhibit E, RRGP Guidelines_________________________________________________________________ 29 Exhibit F, Award Letter ____________________________________________________________________ 30 Exhibit G, Grant Application_______________________________________________________________ 31 Exhibit H, RRGP Communications Kit _______________________________________________________ 32 Attachment 1: Authorized Signatory Form__________________________________________________ 43 Attachment 2: Work Plan _________________________________________________________________ 44 Attachment 3: Final Report _______________________________________________________________ 47 Attachment 4, Budget Detail Worksheet ___________________________________________________ 49 Attachment 5, Invoice____________________________________________________________________ 50 Attachment 6, Invoice Dispute Notification ________________________________________________ 52 Exhibit A: SCOPE OF WORK
1. Purpose of the Agreement
The purpose of this agreement, which includes Standard Agreement form 213 (STD 213), and all exhibits and attachments (collectively referred to as “Grant Agreement”) is to memorialize the terms and conditions related to the Office of Planning and Research’s (OPR) award of grant funds to the Redwood Coast Energy Authority (“the Grantee”).
This Grant Agreement is authorized by the State’s 2021-2022 Budget (Senate Bill (SB) 170 (Skinner, Chapter 240, Statutes of 2021), which appropriated funding for the Regional Resilience Grant Program (RRGP). The RRGP provides funding to public entities, California Native American tribes, Community-Based Organizations, and academic institutions that form regional partnerships to plan and implement projects that advance climate resilience and respond to the greatest climate risks in their regions.
The RRGP is administered by OPR. The Grant Agreement will be executed between the Grantee and the OPR, which collectively are referred to as “Parties.” “Co-applicants” identified in the RRGP Application are referred to as “Partners” in this Agreement but are not parties to it. (See Exhibit A, Section 6G) for requirements regarding partnership agreements for Grantees and Partners.)
2. The Project is Defined by the Application and Award Letter OPR released the final RRGP Guidelines for this Grant Agreement on June 13, 2023 (hereafter, “the Grant Guidelines” or “the Guidelines”) (Exhibit E). In accordance with the Guidelines, Grantee submitted its application (“Application”) (Exhibit G) by August 29, 2023. OPR awarded a grant to fund the project described in the Application, subject to any conditions contained within the Award Letter (Exhibit F).
This project, described in the Application and Award Letter, will be referred to as the “Project” throughout this Grant Agreement.
The Guidelines, the Application, and the Award Letter are hereby incorporated into this Agreement.
148
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit A: Scope of Work
3. Grant Term
The term of this Grant Agreement will commence on the date that all parties have signed the Grant Agreement on page one of the Standard Agreement (STD 213) and will conclude upon completion of the Project and payment of the last invoice, unless otherwise terminated pursuant to this Agreement (hereafter referred to as “Grant Term”).
All work outlined in the Project must be completed within thirty months of executing the Grant Agreement.
All grant funds must be expended by September 30, 2026.
4. Authorized Signatories
The OPR Director or designee is authorized to sign this Grant Agreement and related documents on behalf of the OPR.
Grantee’s Authorized Signatory or designee is authorized to sign this Grant Agreement and grant-related documents as shown in the Authorized Signatory Form (Attachment 1).
Grantee must keep Authorized Signatory Forms up to date. Within seven (7) working days of any change to the authorized signatory or to the delegated authorized signatory, Grantee shall notify OPR in writing of the change. The written notice shall be sent as an electronic mail (email) attachment to be filed with the Grant Agreement.
5. Party Representatives
The Party Representatives are the primary contacts for the OPR and Grantee. The Party Representatives during the Grant Term are:
OPR
Name Title Phone Number Email
- Dolores Barajas Grant
Manager
(559) 720-4439 - [email protected]
- - - -
Grantee
Name Title Phone Number Email
- Juliette Bohn Infrastructure
Programs
Manager
- 707-613-0613 - [email protected]
- Lexie Perez Contracts and
Grants
Manager
707-572-7493 - [email protected]
OPR and Grantee must keep the Party Representative(s) up to date. Any changes to the Party Representatives by either Grantee or OPR shall be made by providing notice within seven (7) working days of the change to the other party. 149
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit A: Scope of Work
The written notice shall be sent as an electronic mail (email) attachment to be filed with the Grant Agreement.
6. Grantee Responsibilities
OPR will notify the Grantee when work may proceed. Grantee is responsible for:
A. Using grant funds only as set forth in the Project and within the specified timelines set forth in this Grant Agreement.
B. Completing work on time and within budget. This includes meeting all milestones and deliverables, as described in and in accordance with the Work Plan (Attachment 2), unless otherwise agreed to by all parties through the amendment process described in Exhibit B, Section 8.
C. Submitting invoices for reimbursement pursuant to Exhibit B, Section 2 and using the Invoice template (Attachment 5).
D. Meeting all reporting requirements as set forth in Exhibit A, Section 8.
E. Complying with all applicable statutes, rules, and regulations.
F. Maintaining an accounting system that accurately reflects all fiscal transactions and provides accounting information, retaining all records and required documents as specified in Exhibit C, Section 4, and providing all required documents during an audit, as specified in Exhibit C, Section 5.
G. Entering into a partnership agreement with Co-Applicant(s), if any, and ensuring that the agreement is maintained throughout the Grant Term. The partnership agreement must: 1)outline the respective obligations of the Grantee and its Partners throughout the Grant Term to implement the Project, 2) include commitments from the Grantee and the Partners that they will implement their respective obligations, 3) require co-applicants to provide copies of all documentation of actions taken related to the Project to the Lead Applicant for retention in compliance with the requirements specified in Exhibit C, Sections 4 and 5, and 4) include information about how the partners will make decisions and resolve disputes.
H. Any other obligations set forth in this Grant Agreement.
7. Document Submission
A. Electronic Mail
When this Grant Agreement requires Grantee to give invoices, reports, or other documents to the OPR, Grantee must use the OPR-provided online submission platform and email unless this Grant Agreement specifically requires that the document be sent by mail.
All emails must contain the Grant Agreement number and Grantee’s name in the subject line.
8. Reporting Requirements
A. Check-Ins
i. Grantee must participate in regular check-in meetings with RRGP staff and report on Project progress toward meeting High Level Activities identified in the Work Plan along with any Performance Metrics and Timeliness related to that progress. The Grantee’s check-in meeting schedule will align with the 150
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit A: Scope of Work
invoicing frequency set forth in Exhibit B, Section 2. The Grantee must participate in no fewer than two check-in meetings per year.
B. Progress Reports
i. Grantee will submit progress reports to accompany all invoices submitted pursuant to Exhibit B, Section 2. The progress reports must contain documentation of the work performed and should discuss how that work relates to specific deliverables outlined in the Work Plan (Attachment 2) and the Budget Detail Worksheet (Attachment 4). Grantees may use the space in the “Progress Report” heading of the invoice template (Attachment 5) to submit their progress reports.
ii. Grantee will submit a mid-term progress report to OPR half-way through the Grant Term at a date to be included in the Work Plan (Attachment 2). The mid-term progress report will track the work completed during the first half of the Grant Term and should include the following information:
a. Outline of all activities taken pursuant to the Work Plan (Attachment 2) and the outcomes of each activity.
b. Meetings and actions taken by the Grantee.
c. An accounting of the expenditures made by the Grantee d. Feedback on the implementation process for RRGP program staff including barriers, challenges, and opportunities.
iii. When the Project is completed, Grantee must submit a Final Report. To complete and submit the Final Report:
a. Submit the Final Report with the last invoice. If Grantee does not submit the Final Report with the last invoice, then the last invoice will be considered incomplete and returned following the process specified in Exhibit D, Section 5A.
b. Use the Final Report Template, which is attached as Attachment 3. c. Sign the Final Report. Make sure the Final Report is signed by the person authorized to sign on the most current Authorized Signatory Form (Attachment 1).
d. Include details in the Final Report. Put enough detail in the Final Report to show that Grantee completed the Project and fulfilled the terms of the Grant Agreement and that both the last invoice and the five percent (5%) retention should be paid for completing the Project.
9. No Work Outside the Project Area
A. The “Project Area” shall be defined as the area boundary for the Project, as identified in Attachment 7.
B. No work outside the Project Area will be reimbursable through this agreement.
OPR disclaims any representations, express or implied, that any work outside the Project Area that was not approved as part of the Application is or will be funded by the RRGP. Grantee waives any claims against OPR related to such work.
151
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit A: Scope of Work
10. Conditions for Beginning Work
A. Readiness Requirements
a. Conditions for beginning work apply to all implementation projects.
Grantee must ensure that the Project meets all readiness requirements prior to expending any direct project costs (“Direct Costs”). Direct Costs are defined as costs directly tied to implementing the Project. b. Pre-implementation, project management and associated indirect costs (“Indirect Costs”) can be spent prior to achieving readiness. Indirect Costs are defined as general expenses of doing business. These costs are not directly tied to the grant but are necessary for the organization’s general operation. Examples of indirect costs may include but are not limited to:
personnel costs for administrative, supervisory, legal, executive staff or support units like clerical support, housekeeping, etc. c. Readiness requirements include:
i. CEQA compliance documentation as set forth below in subsection D of this section.
ii. Any applicable special readiness requirements as set forth below in subsection C of this section.
iii. A demonstration of site control. For Projects where the Grantee or one of its partners does not own the site, the Grantee must provide evidence of a legally binding commitment of the site owner(s) to transfer ownership or allow the Grantee and/or its partners to access the site as needed for the purposes of implementing the Project.
iv. Documentation of all permits required to implement the Project. A list of all permits required to implement the Project must be included in the Work Plan included with this Agreement in Attachment 2.
v. Documentation of any other pre- implementation requirements identified in the Work Plan (Attachment 2).
d. Grantee must demonstrate readiness within the first 6 months of the Grant Term. Readiness will be assessed and approved independently for each project.
e. OPR has sole discretion to determine when the Grantee has demonstrated readiness for the Project. The Grantee and its partners may only expend Direct Costs on the Project once Grantee receives written notice from OPR.
f. OPR will provide written notice regarding the readiness status of each Project in a Readiness Memo. The Readiness Memo will be updated as the Grantee submits additional readiness documentation.
B. Failure to meet Readiness Requirements
a. If Grantee fails to meet all required readiness requirements within the first year of the Grant Term will be deemed infeasible and ineligible for reimbursement, unless OPR gives written approval to extend the timeline to meet the readiness requirements.
152
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit A: Scope of Work
b. Grantee may petition OPR for approval to extend the deadline to meet readiness requirements by submitting a written petition to OPR no later than one month prior to the readiness deadline. The written petition shall include information detailing the actions the Grantee and its partners have taken up to this point to attempt to meet the readiness deadline, the reason(s) that it is not feasible for the Grantee and its partners to meet the readiness deadline, and how much additional time is needed for the Grantee to fulfill all remaining readiness requirements. c. If the Project is deemed infeasible and ineligible for reimbursement, the funds awarded to the Grantee for the Project cannot be allocated to new projects.
C. Special Readiness Requirements
D. CEQA Readiness Requirements
a. Grantee is responsible for complying with all applicable laws and regulations for the Project, including the California Environmental Quality Act (CEQA) (PRC § 21000 et seq.) if applicable. Documentation of CEQA compliance must be provided to OPR to establish readiness prior to Project implementation.
b. The following documentation is acceptable to demonstrate CEQA compliance:
i. Documentation for projects to which CEQA does not apply
1. A signed letter or similar document from the head of the administrative approving entity (e.g., Planning Director) of the lead agency stating that CEQA does not apply to the Project and the basis for that determination.
ii. Documentation for projects that are categorically or statutorily exempt
1. A CEQA Notice of Exemption (NOE) that has been
approved by the appropriate body pursuant to their
obligations under CEQA; or
2. Other documentation confirming that the project is exempt from CEQA, including but not limited to:
a. A resolution adopted by the legislative body of the
lead agency (e.g., City Council, Board of Supervisors)
confirming a project’s exemption. If a resolution or
similar mechanism is not available or does not exist,
meeting minutes documenting the legislative body’s
consideration and approval of the project’s CEQA
compliance may be submitted.
b. A signed letter or similar document from the head of an administrative approving entity (e.g., Planning
Director) of the lead agency.
iii. Documentation for all other projects subject to CEQA
1. A file-stamped Notice of Determination
E. Although not required to establish readiness for Project implementation, Grantee must inform OPR if any legal claims are filed challenging any of the approvals for 153
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit A: Scope of Work
the Project, including CEQA approvals, within 3 business days of service of the complaint.
154
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit B, Budget Detail and Payment Provisions
Exhibit B: Budget Detail and Payment Provisions
1. Fiscal Administration and Payment
A. The Grantee is responsible for maintaining records that fully disclose its activities to implement the Project. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the OPR, of the accuracy of the records and the eligibility of the expenditures charged to RRGP grant funds. If the eligibility of the expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed.
B. To receive payments of grant funds, Grantee must submit to OPR the documentation listed in Exhibit B, Section 2. Advance payments are not permitted under this Grant Agreement.
C. Upon receipt and approval of an itemized invoice and required documentation, OPR agrees to reimburse Grantee for actual costs incurred for work performed, in accordance with the rates specified in the Budget Detail Worksheet (Attachment 4).
D. OPR will withhold five percent (5%) of each invoice, to be paid once all terms of the Grant Agreement have been satisfied.
E. Payment shall be made within forty-five (45) days of receipt and approval of an invoice. Failure to comply with requirements may result in non-payment or delayed payment.
F. For additional payment principles, see Exhibit B, Section 5.
2. How to Submit Invoices
A. Grantee must submit the invoices to the online submission platform, once available. OPR will notify Grantee once the submission platform is available.
B. Until the submission platform is available, Grantee must email the Invoice (PDF) to [email protected] and copy the Grant Manager identified by OPR in Exhibit A, Section 5 on the email as well. The email must include the Grant Agreement number and Grantee’s name in the subject line. Grantee shall submit invoices at least quarterly but no more frequently than monthly to the Grant Manager unless specified otherwise. A request for payment shall consist of:
i. The Invoice (Attachment 5) on official letterhead and signed by the Authorized Signatory or authorized designee specified in this Agreement (Exhibit A, Section 3), certifying the expenditures are for actual expenses for the tasks performed under this Grant Agreement.
ii. Each cost category and task must correspond to a cost category and task identified in the Budget Detail Worksheet (Attachment 4). iii. Supporting documentation for all itemized costs. Documentation may include but is not limited to: copies of purchase orders, receipts, subcontractor invoices, and timesheets. These items must contain sufficient information to establish that the specific service was rendered, or purchase was made.
a. Supporting documentation should be clearly labeled by task. 155
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit B, Budget Detail and Payment Provisions
b. Records documenting time spent performing the work shall identify the individual, the date on which the work was performed, the specific grant-related activities or objectives to which the individual’s time was devoted, the hourly rate, and the amount of time spent.
iv. The Progress Report as specified in Exhibit A, Section 8A. Grantees may use the Progress Report space included in the Invoice form (Attachment 5). The work documented in the progress report should refer to specific deliverables outlined in the Work Plan (Attachment 2) and the Budget Detail Worksheet (Attachment 4). The Progress Report should be supported by evidence of the specific deliverables completed. Deliverables can include tasks or subtasks outlined in the Work Plan.
C. Supporting documentation (e.g., timesheets, activity logs, cancelled checks) for matching funds does not need to be submitted to OPR but should be retained by Grantee in the event of an audit (Exhibit C, Section 5).
D. At any time, OPR may request hard copies of invoices, reports, supporting documentation, and evidence of progress.
3. Invoice Dispute
In the event of an invoice dispute, see Exhibit D, Section 5.
4. Budget Contingency Clause
A. If the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall have no further force nor effect. In this event, OPR shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, OPR shall have the option to either cancel this Grant Agreement or offer an amendment to reflect the reduced amount. In the event that OPR cancels the Grant Agreement, OPR shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement.
5. Payment Provisions
A. All costs to be reimbursed must be consistent with the Guidelines and the Project (Exhibit E).
B. Partners must invoice Grantee before Grantee submits an invoice to OPR. All payments will be issued to the Grantee, who will be responsible for disbursing payment to Partners. All invoices submitted by Partners to the Grantee must be contain sufficient information for Grantee to be able to invoice OPR in accordance with Exhibit B, Sections 1 and 2.
C. All costs to be reimbursed must be reasonable, as defined below:
i. A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In 156
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit B, Budget Detail and Payment Provisions
determining reasonableness of a given cost, consideration must be given to:
i. Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the entity or the proper and efficient performance of this Agreement.
ii. The restraints or requirements imposed by such factors as: sound business practices; arm's-length bargaining; federal, state, local, tribal, and other laws and regulations; and terms and conditions of this Agreement.
iii. Market prices for comparable goods or services for the geographic area.
iv. Whether the Grantee or Partner acted with prudence in the circumstances considering their responsibilities to their employees, the public at large, and the state.
v. Whether the cost significantly deviates from the acquiring entity’s established practices and policies regarding the incurrence of costs.
ii. OPR has the sole discretion to determine if a cost is reasonable. Any costs that do not meet the requirements above may not be reimbursed by the State. The Grantee may file a Dispute to contest OPR’s determination as set forth at Exhibit D, Section 5.
D. Indirect Costs exceeding twenty percent (20%) of the total grant award are not eligible for reimbursement, as defined in the Guidelines.
E. OPR will reimburse Grantee only for actual expenses incurred during the term of this Grant Agreement, as specified in the Budget Detail Worksheet (Attachment 4).
6. Travel Reimbursement
Travel expenses directly related to the performance of this Grant Agreement will be subject to the State of California travel reimbursement rates in effect during the Grant Term.
A. OPR will only reimburse for actual expenditures incurred for in-state travel with the exception of incidental costs, which are not reimbursable.
B. Grantee shall maintain, and submit upon request, detailed travel records and supporting documents (e.g., travel request and approval forms, expense claims, invoices, and receipts for lodging and transportation) showing the date and purpose of the grant-related travel, destination, and, in the case of travel by automobile, the number of miles driven.
C. Grantee shall ensure travel costs are included in the Budget Detail Worksheet (Attachment 4) and are tied to tasks and deliverables in the Work Plan (Attachment 2).
D. Grantee and any person traveling pursuant to this Grant Agreement indemnifies and holds harmless OPR and the State of California for any liabilities resulting from such travel.
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit B, Budget Detail and Payment Provisions
7. Work Plan and Budget Modifications
A. Grantee must keep the Work Plan (Attachment 2) and Budget Detail Worksheet (Attachment 4) up to date as specified in this Section and Exhibit B, Section 8.
B. Changes of up to twenty percent (20%) of the cost of tasks outlined in the Budget Detail Worksheet(Attachment 4) shall be made by providing a written request to OPR before submission of the affected invoice and shall be effective upon written approval from the Grant Manager. Total costs cannot exceed the maximum grant fund amount set forth in this Agreement. Once effective, the change shall be deemed incorporated into the Grant Agreement.
C. Moderate changes to deliverable due dates and minor changes to subtask descriptions in the Work Plan (Attachment 2) shall be made by providing a written request to OPR before submission of the affected invoice and shall be effective upon written approval from the Grant Manager. Once effective, the change shall be deemed incorporated into the Grant Agreement.
D. Material changes to the Work and Budget shall follow the amendment process, specified in Exhibit B Section 8. Material changes include:
i. Cost changes of more than twenty percent (20%) between tasks in the Budget Detail Worksheet
ii. Elimination or alteration of tasks or deliverables
iii. Significant changes to deliverable due dates
iv. Change in Partners, see Exhibit A, Section 1
v. Other changes deemed material by the Grant Manager
8. Amendments
A. This section applies to all amendments to this Grant Agreement, except for the following:
i. Changes to the Authorized Signatory Form (Attachment 1). For changes to the Authorized Signatory Form see Exhibit A, Section 3. ii. Changes to Party Representatives as set forth in Exhibit A, Section 4. iii. Non-Material changes to the Work Plan and Budget Detail Worksheet as set forth in Exhibit B, Section 7.
B. For all other amendments, Grantee must request and obtain prior written approval before any amendment to this Grant Agreement is valid.
C. Request for amendments must:
i. Be prepared, in writing, on official letterhead and signed by the Authorized Signatory or designee for Grantee.
ii. Be submitted to the Grant Manager at least two (2) months prior to when the amendment is needed.
iii. Include the Grant Agreement number, a detailed explanation of the proposed amendment, reason for the proposed amendment, and the effect of not approving the request.
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Exhibit B, Budget Detail and Payment Provisions
iv. Include a copy of the document(s) requested for amendment that shows the requested changes.
D. The Grant Manager will make reasonable efforts to respond in writing within fifteen (15) working days from receipt of request to approve or deny the request for amendment, including the reason for the decision.
E. The Grant Manager will make reasonable efforts to process amendments within thirty (30) days of the approval date. The amendment will not be in effect until both Parties’ Authorized Signatories or designees have signed the Grant Agreement amendment.
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Exhibit C, General Terms and Conditions
Exhibit C, General Terms and Conditions
1. Approval
This Grant Agreement is of no force or effect until signed by both Parties. Grantee may not commence performance until such approval has been obtained.
2. Amendment
No change to this Grant Agreement shall be valid unless made in accordance with Exhibit B, Section 7. No oral understanding or change not incorporated in this Grant Agreement is binding on any of the Parties.
3. Assignment
This Grant Agreement is not assignable by Grantee, either in whole or in part, without the consent of OPR in the form of an amendment.
4. Records Retention
A. Grantee shall establish an official file containing adequate documentation of all actions taken with respect to the Project, including copies of the Grant Agreement, changes, amendments, letters, email correspondence, invoices, financial records, and reports and other documentation for a minimum of four (4) years following the final payment of funds or until completion of any action and resolution of all issues which may arise as a result of an audit, whichever is later. Grantee further agrees to require co-applicants (see Exhibit A, Section 6G for partnership agreement requirements) and subcontractors to provide copies of all documentation of actions taken related to the Project to the Grantee for retention in compliance with this section.
B. Grantee shall adequately protect all records, physical and electronic, from loss, damage, or destruction during the four (4) year retention period.
C. Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the Work Plan (Attachment 2) and Budget Detail Worksheet (Attachment 4). Separate bank accounts are not required. Grantee must maintain financial records of expenditures in accordance with generally accepted accounting principles.
D. Grantee must maintain documentation of its normal procurement policies and procedures.
5. Audit and Accounting
A. Grant funded projects are subject to audit by the State of California during the grant term and for up to four (4) years following the termination of the Grant Agreement. Grantee agrees that OPR, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant Agreement. The audit may consist of examining and auditing pertinent books, documents, papers, and records including financial transactions and supporting documents, general accounting systems, internal controls, management practices, policies, and procedures pertaining to the performance of this Grant Agreement. Grantee shall be given advance notice when the grant-funded Project is selected for an audit or review by OPR, the 160
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit C, General Terms and Conditions
Department of Finance, the Bureau of State Audits, or their designated representative(s). Grantee agrees to allow the auditor(s) access to such records during normal business hours, excluding State of California holidays, and to allow interviews of any employees who might reasonably have information related to such records.
B. Grantee further agrees to comply with Government Code section 8546.7 in its interactions with co-applicants and subgrantees and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in Public Contract Code section 10115.10.
C. Partners and subcontractors of the Grantee who are paid with grant funds under the terms of this Grant Agreement shall be responsible for maintaining accounting records as specified above. Grantee shall include a term in all contracts to that effect.
6. Indemnification
Grantee agrees to indemnify, defend, and hold harmless the State of California, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all Grantees, partners, 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 Grant 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 Grant Agreement.
7. Disputes
Grantee shall continue with the responsibilities under this Grant Agreement during any dispute.
8. Independent Grantee
Grantee, and the agents and employees of Grantee, in the performance of this Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of OPR.
9. Non-Discrimination Clause
During the performance of this Grant Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age (over 40), mental disability, physical disability, sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military and veteran status. 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, subds. (a)-(f) et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2§, § 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant 161
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Exhibit C, General Terms and Conditions
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 Grant Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Grant Agreement.
10. Timeliness
Time is of the essence in this Grant Agreement. OPR and Grantee will work collaboratively to ensure this Grant Agreement and the Project are administered in a timely fashion.
11. Governing Law
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
12. Unenforceable Provision
If any provision of this Grant Agreement is unenforceable or held to be unenforceable, then the Parties agree that all other provisions of this Grant Agreement have force and effect and shall not be affected thereby.
13. Revenue
All revenue generated as a part of the Project by Grantee, their partners or subcontractors must be used to further the Project to the extent reasonably possible.
Grantee must keep records of revenue expenditures for audit purposes. 162
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Exhibit D, Special Terms and Conditions
Exhibit D, Special Terms and Conditions
1. Compliance with Laws and Regulations
By signing this Grant Agreement, Grantee certifies that it shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits and shall secure any new permits required by authorities having jurisdiction over the Project(s),and maintain all presently required permits.
Grantee is responsible for complying with all applicable requirements, if any, of the California Environmental Quality Act (CEQA) (Pub. Resources Code, §§ 21000 et seq.). OPR’s selection of a Project for a planning grant does not foreclose appropriate consideration of alternatives or mitigation measures that would reduce or eliminate adverse environmental effects of any project during the CEQA review process. Nor does it foreclose the possibility that the project may be denied due to its significant environmental effects, if any. No work that is subject to CEQA may proceed until clearance is given by all lead and responsible agencies.
2. Subcontractors and Partners
OPR’s contractual relationship is with Grantee, and not any of its Partners or subcontractors. Grantee is entitled to make use of its own staff, Partners, and subcontractors, as identified in the Budget Detail Worksheet (Attachment 4), and will comply with its own competitive bidding and sole sourcing requirements for subcontracts that arise out of or in connection with this Grant Agreement. Grantee shall manage, monitor, and accept responsibility for the performance of its own staff, Partners, and subcontractors, and will conduct Project activities and services consistent with professional standards for the industry and type of work being performed under this Grant Agreement.
Nothing contained in this Grant Agreement or otherwise shall create any contractual relationship between OPR and any Partners or subcontractors, and no subcontract shall relieve Grantee of its responsibilities and obligations hereunder.
Grantee agrees to be as fully responsible to OPR for the acts and omissions of Partners and subcontractors and of persons either directly 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 Partners and subcontractors is an independent obligation from OPR’s obligation to make payments to Grantee. As a result, OPR shall have no obligation to pay or to enforce the payment of any moneys to any Partner or subcontractor.
3. No Third-Party Beneficiaries
This Grant Agreement is not intended for the benefit of any person or entity other than the Parties, and no one other than the Parties themselves may enforce any of the rights or obligations created by this Grant Agreement.
4. Project Monitoring and Oversight
A. Project monitoring and oversight is essential to ensure the Project stays within scope and is completed on schedule and within budget in accordance with this Grant Agreement. It is the responsibility of the Grantee to monitor the Project to ensure that it is completed in accordance with this Grant Agreement. 163
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Exhibit D, Special Terms and Conditions
B. Grantee agrees that OPR has the right to visit the site of the Project described in the Application (Attachment INSERT) and the Project Area (Attachment INSERT).
C. Grantee agrees that OPR has the right to conduct a final inspection of completed Projects, as determined by OPR. For any construction projects which require certification by the appropriate registered professional (such as a California Registered Civil Engineer or Geologist) that the Project has been completed in accordance with any final plans and specifications, Grantee must notify the OPR Grant Manager of the inspection date at least (10) working days prior to the inspection in order to provide OPR the opportunity to participate.
D. The OPR Grant Manager has the right to request phone calls or in-person meetings with the Grantee’s Party Representatives to discuss the progress of the Project. Grantee must work with the OPR Grant Manager to accommodate monitoring requests.
5. Dispute Resolution
A. Invoice Disputes
i. In the event of an invoice dispute, the Grant Manager will notify Grantee by phone and follow up in writing using the Invoice Dispute Notification Template (Attachment 6) within ten (10) working days of receipt of the disputed invoice.
ii. During the dispute, both parties shall deal in good faith to resolve the dispute.
Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement.
iii. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written “Notice of Dispute” on official letterhead, according to Subsection C below.
B. General Disputes
i. In the event of a dispute unrelated to the dispute of an invoice, Grantee shall first attempt to resolve the dispute with the Grant Manager. ii. Both parties shall deal in good faith and attempt to resolve the dispute informally.
iii. Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement during a dispute.
iv. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written “Notice of Dispute” on official letterhead, according to Subsection C below.
C. Contesting a Dispute Decision
i. If Grantee contests a decision made by the Grant Manager, Grantee may submit a written “Notice of Dispute” on official letterhead. The “Notice of Dispute” shall include:
• The Grant Agreement number
• A complete description of the basis for the dispute
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Exhibit D, Special Terms and Conditions
• Legal authority or pertinent facts, supporting arguments and documentation
• Action requested for resolution
The “Notice of Dispute” shall be sent to the following address, with copies sent via email to the OPR contacts in Exhibit A, Section 4:
Governor’s Office of Planning and Research
RRGP
Attn: RRGP Program Manager
1400 Tenth Street
Sacramento, CA 95814
ii. Within 30 days after receipt of the “Notice of Dispute,” the OPR RRGP Program Manager shall review the dispute and submit a written decision to Grantee, which shall include:
• The decision made
• An explanation for the decision
iii. The written dispute decision of the OPR RRGP Program Manager is considered final and cannot be disputed further by the Grantee.
6. Termination
A. Completion of Project. This Grant Agreement shall terminate upon completion of the Project and payment of the last invoice.
B. Early Termination. Either Party may terminate this Grant Agreement upon thirty (30) days advance written notice by certified mail to the other Party. The notice shall specify the reason for early termination and may permit Grantee or OPR to rectify any deficiency(ies) prior to the early termination date. i. Conditions of early termination:
a. Upon any termination, Grantee must deliver all invoices, reports, and other deliverables required by this Grant Agreement up to the time of termination. Grantee must deliver all materials within sixty (60) calendar days of the termination date.
b. Upon receipt of notice from OPR of Termination for Convenience, or upon sending the notice of early termination to OPR, Grantee shall immediately take action to ensure neither it nor any Partner or Subcontractor incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities.
c. OPR will examine the extent of Grantee compliance for work partially completed and reasonably determine costs eligible for reimbursement based on final invoices submitted and compliance with this Grant Agreement.
ii. The rights and remedies of OPR and Grantee provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant Agreement.
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Exhibit D, Special Terms and Conditions
7. Waiver of Rights
A. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from OPR, its officers, agents, or employees for any liability arising from, growing out of, or in any way connected with this Grant Agreement.
B. Grantee waives all claims and recourses against OPR, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Grant Agreement, except claims arising from the gross negligence of OPR, its officers, agents, and employees.
C. None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing.
8. Insurance Requirements
A. A Grantee that is a governmental organization may provide evidence of sufficient self-insurance to satisfy the insurance requirements below.
B. If Grantee is not a governmental organization or is a governmental organization that is unable to provide evidence of sufficient self-insurance, then the following are the insurance requirements:
C. Grantee must ensure the following insurance policies are obtained and kept in force for the term of this Grant Agreement, with no lapses in coverage, that cover any acts or omissions of Grantee or its employees engaged in carrying out any tasks specified in this Grant Agreement:
i. Workers’ Compensation Insurance in an amount of not less than the statutory requirement of the State of California (Labor Code, § 3700 et seq.). ii. Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence for bodily injury and property damage combined. iii. Motor vehicle liability with limits not less than $1,000,000 per accident for bodily injury and property damage combined. Such insurance shall cover liability arising out of a motor vehicle including owned or hired, and non-owned motor vehicles.
D. Insurance policies must name the State of California, its officers, agents, employees, and servants as additional insured parties for the commercial general liability and automobile liability insurance, but only with respect to work performed under this Grant Agreement.
E. Grantee is responsible for guaranteeing that a copy of each Certificate of Insurance is submitted OPR within sixty (60) calendar days of the Grant Agreement signature. The grant number must be included on each submitted Certificate of Insurance.
F. Grantee must notify OPR prior to any insurance policy cancellation or substantial change of policy, including lapse of coverage, change in coverage amount, or change in carrier. Grantee shall submit proof of new or updated policy based on insurance requirements within thirty (30) days of policy cancellation or substantial policy change. Failure to provide proof of insurance may result in termination of this Grant Agreement.
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Exhibit D, Special Terms and Conditions
9. Stop Work
If it is determined, at the sole discretion of OPR, that Grantee is not meeting the terms and conditions of this Grant Agreement, immediately upon receiving a written notice through certified mail from OPR to stop work, Grantee shall cease all work under this Grant Agreement. OPR has the sole discretion to determine that Grantee meets the terms and conditions of this Grant Agreement after a stop work order, and to send a written notice to Grantee to resume work under this Grant Agreement.
10. Remedies of Nonperformance
Grantee’s failure to comply with any of the terms and conditions of this Agreement shall constitute a breach of this Agreement. OPR will give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.
In addition to the other remedies that may be available to OPR in law or equity for breach of this Agreement, OPR may at its discretion exercise the following remedies:
A. Undertake the dispute resolution process set forth at Exhibit D, Section 5; B. Issue a stop work order pursuant to Exhibit D, Section 9; C. Disqualify the Grantee from applying for future RRGP funds or other OPR administered grant programs;
D. Revoke existing RRGP grant funds to the Grantee;
E. Require the repayment of RRGP grant funds disbursed and expended under this Agreement;
F. Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the RRGP Guidelines and this Agreement;
G. Other remedies available by law, or by and through this Agreement. All remedies available to OPR are cumulative and not exclusive.
11. Publicity
Grantee agrees that it will acknowledge OPR in all publications, websites, signage, invitations, and other media-related and public-outreach products related to the RRGP. OPR staff will provide OPR logo files and guidance on their usage directly to Grantee. Grantee agrees to adhere to the Communications Kit provided by OPR (Exhibit H). If Grantee is planning an event or announcement, needs sample materials, or needs assistance or advice, Grantee shall contact the Grant Manager.
A. Long-Form Materials: Long-form written materials, such as reports, must include the following standard language about OPR, RRGP, and the Integrated Climate Adaptation and Resiliency Program (ICARP):
As communities in California experience more frequent, prolonged, and severe impacts from climate change, communities and governments at all scales are developing strategies and implementing actions to build a climate- resilient future. However, many jurisdictions, especially under-resourced communities in California, lack the capacity, tools, guidance, and resources to effectively prepare for climate impacts.
The RRGP addresses this capacity gap by providing funding to help fill planning needs, providing communities with the resources to identify climate resilience 167
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Exhibit D, Special Terms and Conditions
priorities, and supporting the development of climate resilience projects across the state. The RRGP enables communities to climate risk and adaptation considerations into planning activities and prepare for climate readiness and resilience in the long term.
• The RRGP is an initiative of the Integrated Climate Adaptation and Resiliency Program (ICARP) housed within the Governor’s Office of Planning and Research. ICARP advances statewide climate adaptation and resilience by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
• Through direct and equity-focused investments and resources, ICARP helps build climate adapted and equitable communities in California, with a focus on solutions that both address the impacts of climate change and reduce greenhouse gas emissions. ICARP works to advance these priorities across all levels of government by developing actionable science and research; providing guidance, tools, and technical assistance; and administering climate resilience-focused grant programs.
Learn more: https://opr.ca.gov/climate/icarp/
B. Press Releases, Flyers, and Visual Materials: Any informational materials that do not qualify as long-form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, flyers, etc., must include either of the following messages:
Long version:
“[Project Name] is supported by the Regional Resilience Grant Program at the Governor’s Office of Planning and Research (OPR). The Regional Resilience Grant Program is an initiative of OPR’s Integrated Climate Adaptation and Resiliency Program (ICARP). ICARP advances climate adaptation and resilience in California by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
Short version:
“[Project Name] is supported by the Regional Resilience Grant Program implemented by the Governor’s Office of Planning and Research.” Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging ICARP anpd OPR support is not practical, Grantee should instead include the official OPR logo, preceded by the words “Funded by.” C. Media Inquiries: Grantee must provide to OPR the name, phone number, and email address of Grantee’s point of contact for all press inquiries and communications needs related to the Project. Grantees must also distribute a 168
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Exhibit D, Special Terms and Conditions
press release after grant decisions are presented during ICARP Technical Advisory Council (TAC) Meetings, and may be requested to present before the TAC and release communications materials for other major milestones throughout the lifecycle of the grant. All press releases must be approved by the OPR Communications and External Affairs prior to distribution and OPR must be alerted to all press events related to the grant.
D. Communications Materials and Photos: Grantee shall share between 8-12 high-resolution, color photos with OPR during the Grant Term. These photos should include pictures of people involved with the Project, the Project area, and/or activities conducted during the Grant Term. OPR reserves the right to use these photos across its communications platforms.
E. Social Media: Grantee is encouraged to use social media to share and inform the public of activities under this Grant Agreement. LinkedIn: @Governor’s Office of Planning and Research (OPR) @CalOPR and #ICARP #climateadaptation #climateresilience #RRGP should be tagged on all posts related to the RRGP grant. Use of the hashtags #CAresilience and #ICARP and related variations is also encouraged.
12. Drug-Free Workplace Certification
In signing this Grant Agreement, Grantee certifies that it will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
B. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or organization's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations.
C. Every employee who works on this Grant Agreement will:
i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on this Grant Agreement.
Failure to comply with these requirements may result in suspension of payments under this Grant Agreement or termination of this Grant Agreement or both, and Grantee may be ineligible for award of any future State of California agreements if OPR determines that any of the following has occurred: Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above (Gov. Code, § 8350 et seq.).
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Exhibit D, Special Terms and Conditions
13. Americans with Disabilities Act
Grantee will comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).
14. Air/Water Pollution Violation Certification
Under State of California laws, Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
15. Payee Data Record Form - STD 204
This form must be completed by all Grantees that are not another state agency or other governmental entity.
16. Equipment
A. The cost to lease equipment to use in the grant project area may be charged to the grant. Cost of leased equipment charged to the grant must be substantiated with receipts identifying equipment was leased, lease rate and total cost.
B. Use of equipment owned by the Grantee but not purchased with grant funds, may be charged to the grant at a rate set by the California Department of Transportation Labor Surcharge and Equipment Rental Rate Guide. Use of Grantee equipment must be substantiated with an equipment usage log that identifies the equipment used, rate, and total rental cost.
C. Purchase of equipment using grant funds is allowable only with prior approval by the OPR Grant Manager. The Grantee must provide to OPR a cost-benefit analysis to justify the cost of purchasing equipment as opposed to leasing the same equipment.
i. The cost of equipment purchased shall be substantiated by purchase receipt.
ii. Any equipment purchased with grant funds with OPR approval that is reimbursable as a Direct Cost of the Project must be solely owned on the title by the Grantee or Partner.
iii. Each grant-funded piece of equipment must be dedicated to the same use described in proportion in scope as in the Grant Agreement, unless OPR otherwise approves in writing, for the useful life of the equipment. iv. If the owner of the grant-funded equipment determines that it no longer has need for the grant-funded equipment before the end of the equipment’s useful life, the owner shall donate the grant-funded equipment to a public entity or nonprofit organization that will use the grant-funded equipment for purposes that are similar to the purpose intended in the Grant Agreement or to a public entity or nonprofit that serves the project area.
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Exhibit D, Special Terms and Conditions
v. For the duration of the useful life of each grant-funded piece of equipment, the grantee shall maintain a record identifying each piece of grant-funded equipment, the expected useful life of each item, and the ultimate disposition (disposal or donation). The requirements of this section will survive termination of this agreement.
D. Grantee will assume all risk including cost for maintenance, repair, loss, destruction, and damage to all equipment until disposition of equipment. OPR may, at its discretion, repair any damage or replace any lost or stolen items and deduct the cost thereof from Grantee’s invoice to the State, or require Grantee to repair or replace any damaged, lost, or stolen equipment to the satisfaction of OPR with no expense to the State.
E. In the event of theft, a report must be filed immediately with the California Highway Patrol (State Administrative Manual § 8643 [Lost, Stolen, or Destroyed Property]).
F. Grantee must maintain an inventory record for grant-funded equipment purchased or built with funds provided under this Grant Agreement. In addition, items of grant-funded equipment or supplies that are prone to theft, loss, and misuse and may contain sensitive data (e.g., computers, printers, smartphones, tablets, cameras, GPS devices, etc.) must be inventoried. This equipment inventory record must be updated within mid-term reports and reports accompanying quarterly invoices, and upon request [reference reporting requirements section].
17. Infrastructure
A. Grantee, Partner, or Subcontractor, as applicable, must ensure all necessary rights of way, property ownership, or leases have been secured prior to construction. Purchases of all real property required for the Project must be free and clear of liens, conflicting easements, obstructions, and encumbrances. Any property acquisition by Grantee must not involve eminent domain proceedings or threat of eminent domain proceedings. Grantee must record deed restrictions on Project property, as applicable.
B. For any rights of way, real and personal property, leases, improvements, and infrastructure funded as a reimbursable direct cost of the Project, the Grantee, Partner, or public agency, as approved in writing by the OPR Grant Manager, must be the sole owner of the title or leasehold. Each site acquired or improved upon with funding provided under this Grant Agreement must remain permanently dedicated to the described use in the same proportion and scope as was in the Grant Agreement, unless OPR agrees otherwise in writing. If the ownership or use of the property changes to a use not in accordance with the Grant Agreement, Grantee may be required to reimburse the State in a manner determined by OPR.
C. Grantee, Partner, or Subcontractor, as applicable, is obligated to continue operation and maintenance of the physical aspects of the Project for its full useful life, which, for the purpose of this Grant Agreement, includes any extensions of that life achievable by reconstruction, rehabilitation or enhancements, in accordance with the described use in the same proportion and scope as in the Grant Agreement, unless OPR agrees in writing. Grantee 171
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Exhibit D, Special Terms and Conditions
may be excused from its obligations for operation and maintenance of the Project site only upon written approval from OPR. The Project and its facilities must be maintained, supervised, and inspected by adequate and well-trained staff and/or professionals and technicians as the project reasonably requires.
18. Debt Security
Grantee will not use or allow the use of any portion of real property purchased solely with RRGP grant funds as security for any debt.
19. Force Majeure
Neither the State nor Grantee will be responsible hereunder for any delay, default, or nonperformance of this Grant Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, or other contingencies unforeseen by the State or Grantee, its Partners, Subcontractors, or vendors, and beyond the reasonable control of such party.
20. Expatriate Corporations
Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Sections 10286 and 10286.1, and is eligible to contract with the State of California.
21. Corporation Qualified to do Business in California
When work under this Grant Agreement is to be performed in California by a corporation, the corporation must be in good standing and currently qualified to do business in the state. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.
22. Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Grant Agreement is sought must be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of Grantee or any employee or agent of Grantee.
23. Relocation
If a project is subject to State Relocation Law and a relocation plan is required by State Relocation Law (Gov. Code, § 7260 et seq.) and Section 6038 of the Relocation Assistance and Real Property Guidelines (25 Cal. Code of Regulations, div. 1, ch. 6, § 6000 et seq.) for the Project Area, Grantee must provide a copy of the relocation plan.
24. Child Support Compliance Act
Grantee recognizes the importance of child and family support obligations and must fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information 172
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit D, Special Terms and Conditions
and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and
Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
25. Environmental Justice
In the performance of this Grant Agreement, Grantee must conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of California, consistent with Government Code section 65040.12, subdivision (e).
26. Union Organizing
By signing this Grant Agreement, Grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Grant Agreement and hereby certifies that:
A. No grant funds disbursed by this Grant Agreement will be used to assist, promote, or deter union organizing by employees performing work under this Grant Agreement.
B. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee must maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee must provide those records to the Attorney General upon request.
27. Prevailing Wages and Labor Compliance
Grantee certifies that it will comply with all prevailing wage requirements under California law, pursuant to Section 1720 et seq. of the California Labor Code. The California Labor Code requires payment of locally prevailing wages to workers and laborers on state government contracts in excess of $1,000 for public works projects. A “public work” is the construction, alteration, demolition, installation, repair, or maintenance work done under contract and paid for in whole or in part out of public funds. The definition applies to private contracts when certain conditions exist. Grantee can identify additional stipulations and exceptions under Cal. Labor Code § 1720 et seq.
A. Grantee must ensure the following on “public work” activities under this Grant Agreement:
i. Prevailing wages are paid;
ii. The project budget and invoices for labor reflects these prevailing wage requirements, or if exempt, provide the applicable exemption to SGC with the project budget; and
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit D, Special Terms and Conditions
iii. The project complies with all other requirements of prevailing wage law including but not limited to keeping accurate payroll records and complying with all working hour requirements and apprenticeship obligations.
B. Grantee must ensure that its Partners and Subcontractors, if any, also comply with prevailing wage requirements. Grantee must ensure that all agreements with its Partners and Subcontractors to perform work related to the TCC Project contain the above terms regarding payment of prevailing wages on public works projects.
C. The Department of Industrial Relations (DIR) is the primary resource for consultation on the requirements of California prevailing wage law. i. Grantee can identify the rates for prevailing wage on the DIR website at http://www.dir.ca.gov. Grantee may contact DIR for a list of covered trades and the applicable prevailing wage.
ii. If Grantee is unsure whether the TCC Project or individual projects receiving this award is a “public work” as defined in the California Labor Code, it may wish to seek a timely determination from the DIR or an appropriate court.
iii. If Grantee has questions about this contractual requirement, recordkeeping, apprenticeship, or other significant requirements of California prevailing wage law, it is recommended Grantee consult DIR and/or a qualified labor attorney before accepting this grant award. 174
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit E, APGP Guidelines
Exhibit E, RRGP Guidelines
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit F, Award Letter
Exhibit F, Award Letter
[Insert award letter here.]
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit G, Grant Application
Exhibit G, Grant Application
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
Exhibit H, RRGP Communications Kit
Welcome to the California Office of Planning & Research Awardee Community! Dear Regional Resilience Grant Program Grantee,
Congratulations on your successful award from the Regional Resilience Grant Program! Your dedication and hard work have paid off, and we are thrilled to be partnering with you on your important project.
At the Governor's Office of Planning and Research (OPR), we recognize the significance of your work in advancing climate resilience and adaptation. Your project holds great potential to deliver substantial environmental, health, and climate benefits to your community, and we are committed to supporting you every step of the way.
To assist you in effectively communicating and sharing the impact of your project, OPR's Communications and External Affairs team has prepared this Communications Toolkit. It serves as a comprehensive set of communications and branding guidelines specific to the Regional Resilience Grant Program, as well as a range of resources and best practices to enhance your outreach across various media channels.
We believe that your project deserves recognition not only within your community but also as a model for others facing similar challenges. The tools and guidance provided in this kit will help you effectively share your accomplishments, engage stakeholders, and build awareness about the importance of climate adaptation and resilience planning.
As you plan events, announcements, or any communication activities related to your grant, please refer to this toolkit and adhere to the guidelines provided. Should you require sample materials, event support, or expert advice, our Deputy Director of Communications and External Affairs, Emily Breslin, is available to assist you. You can reach Emily at [email protected].
We appreciate the inspiring work you are doing to implement innovative and effective climate adaptation strategies. Together, we can make a substantial difference in building resilient communities and securing a sustainable future for all. We value our partnership and look forward to supporting you every step of the way.
Best regards,
The Governor's Office of Planning and Research Team
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
We are promoting the final 16 grantees on all of our channels through a press release and social media and we welcome you to do the same. Below is some suggested language, but please feel very free to modify any of it as you see fit:
[Organization Name] is pleased to announce that [Project Name] has been selected as a recipient of the Round 1 Regional Resilience Grant Program, provided by the Governor's Office of Planning and Research (OPR). This new grant program supports planning and implementation projects that strengthen climate change resilience at a regional scale. We’re thrilled to announce our project is one of sixteen awarded in this first round! With the support of the Regional Resilience Grant Program, [Project Name] will be able to [briefly describe the project's goals and objectives]. This funding will enable us to [insert deliverables etc… implement innovative strategies, leverage partnerships, and incorporate cutting-edge climate science to enhance our resilience and adaptation measures].
Find more information about the Regional Resilience Grant Program and the Integrated Climate Adaptation and Resiliency Program ICARP here and read more about our other projects in today’s press announcement, here.
We look forward to working with the Governor's Office of Planning and Research (OPR) and want to congratulate all the recipients of the Regional Resilience Grant Program. Together, we will build a more resilient California for All.
LinkedIn: @Governor’s Office of Planning and Research (OPR) @CalOPR and #ICARP #climateadaptation #climateresilience #RRGP #CAresilience Publicity Requirements & Guidelines for RRGP Awardees
RRGP awardees should acknowledge OPR in all publications, websites, signage, invitations, and other media-related and public-outreach products related to the RRGP.
OPR staff will provide OPR logo files and guidance on their usage directly to Grantee.
When using OPR’s logo, use the color version only when the logo appears on a white background; on backgrounds of any other color, please use the white version of the logo.
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
LONG-FORM MATERIALS
Long-form written materials, such as reports, must include the following standard language about OPR, RRGP, and the Integrated Climate Adaptation and Resiliency Program (ICARP):
As communities in California experience more frequent, prolonged, and severe impacts from climate change, communities and governments at all scales are developing strategies and implementing actions to build a climate- resilient future. However, many jurisdictions, especially under-resourced communities in California, lack the capacity, tools, guidance, and resources to effectively prepare for and build resilience to climate impacts.
The RRGP addresses this capacity gap by providing funding to help fill regional-scale planning and implementation needs, providing communities with the resources to identify climate resilience priorities, and implementing regional climate resilience projects across the state. The RRGP supports multi-jurisdictional partnerships to work together to address the most significant climate change risks in their region, especially in communities that are most vulnerable to climate change impacts.
The RRGP is an initiative of the Integrated Climate Adaptation and Resiliency Program (ICARP) housed within the Governor’s Office of Planning and Research. ICARP advances statewide climate adaptation and resilience by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
Through direct and equity-focused investments and resources, ICARP helps build climate adapted and equitable communities in California, with a focus on solutions that both address the impacts of climate change and reduce greenhouse gas emissions.
ICARP works to advance these priorities across all levels of government by developing actionable science and research; providing guidance, tools, and technical assistance; and administering climate resilience-focused grant programs.
Learn more: https://opr.ca.gov/climate/icarp/
PRESS RELEASES, FLYERS, AND VISUAL MATERIALS
Any informational materials that do not qualify as long-form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, flyers, etc., must include either of the following messages:
Long version:
“[Project Name] is supported by the Regional Resilience Grant Program at the Governor’s Office of Planning and Research (OPR). The Regional Resilience Grant Program is an initiative of OPR’s Integrated Climate Adaptation and Resiliency Program (ICARP). ICARP advances climate adaptation and resilience in California by coordinating investments, partnerships and climate science to 180
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change.
Short version:
“[Project Name] is supported by the Regional Resilience Grant Program implemented by the Governor’s Office of Planning and Research.”
Mostly visual:
Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging ICARP and OPR support is not practical, Grantee should instead include the official OPR logo, preceded by the words “Funded by.”
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
MEDIA INQUIRIES
Grantee must provide to OPR the name, phone number, and email address of Grantee’s point of contact for all press inquiries and communications needs related to the Project. Grantees must also distribute a press release after grant decisions are presented during ICARP Technical Advisory Council (TAC) Meetings, and may be requested to present before the TAC and release communications materials for other major milestones throughout the lifecycle of the grant. All press releases must be approved by the OPR Communications and External Affairs prior to distribution and OPR must be alerted to all press events related to the grant.
COMMUNICATIONS MATERIALS & PHOTOS
Grantee shall share between 8-12 high-resolution, color photos with OPR during the Grant Term. These photos should include pictures of people involved with the Project, the Project area, and/or activities conducted during the Grant Term. OPR reserves the right to use these photos across its communications platforms.
SOCIAL MEDIA
Grantee is encouraged to use social media to share and inform the public of activities under this Grant Agreement. LinkedIn: @Governor’s Office of Planning and Research (OPR) @CalOPR and #ICARP #climateadaptation #climateresilience #RRGP should be tagged on all posts related to the RRGP grant. Use of the hashtags #CAresilience and #ICARP and related variations is also encouraged.
Spread the Word
Here are a few effective ways to raise awareness around your important work. In every case, we recommend a clear, concise writing style that avoids technical terms and is easy for most readers to access. Be sure all of your communications comply with the Publicity Requirements and Guidelines on pages 2-10 of this kit.
Create a Website
One of the best ways to share the latest information about the progress of your RRGP project is to compile everything the public needs to know into well-organized website.
Your website should be simple and inviting, with sections explaining who you are, what the RRGP program is, and why the project is important. Keeping the website updated with your latest accomplishments and steps taken to achieve your goals will keep members of your community enthusiastic and engaged. You can choose from dozens of inexpensive website templates, such as Wix, Square Space, and WordPress. 182
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
Press Releases & Media Advisories
If you’re interested in getting mentioned by your local news outlets (newspapers, web-based news, radio, television), you’ve got to alert reporters, editors, hosts, news desks, and producers in your local media market. Here are a couple ways to get their attention (in both cases, include a contact name, title, phone number, and email at the top):
Press release
This is a narrative piece that tells the reader a story. Your best bet is to write it in the style of a story you’d read in the newspaper. Start with the most important part so that the reader knows immediately what you want to tell them about. From there, add details to flesh out the story (the amount of the grant, the number of supporting community groups, total emissions reductions, etc.), along with quotes from people who are engaged with your project – for example, representatives from partner organizations, residents who engaged in project design, and OPR’s Executive Director. Some media outlets might publish your press release as is! Others will follow up with questions or to interview someone.
Media advisory
This is a short piece you send to reporters, editors, hosts, news desks, and producers when you want to invite them to attend and cover an event, such as a groundbreaking, ribbon-cutting, dedication, etc. Make sure you answer the most important questions (who/what/when/where/why/how) and emphasize what makes your story worthy of media attention—as well as what photo opportunities will be available at the event.
Social Media
Numerous social media platforms support digital storytelling and promotion. Use your existing platforms to talk about your RRGP project. We also encourage you to follow OPR on Twitter and LinkedIn so we can watch for and share your updates about your RRGP project. Please see our social media section of this kit for more details.
Blog Post
If you or any of your partners currently has an active blog, we encourage you to write a post highlighting the progress or impact of your RRGP project. For example, ask a project partner to write a guest blog or sit with you for a Q&A to highlight some of the specific benefits of their programs, who is receiving those benefits, and how the community has been involved. After you’ve posted your blog, you can share it on your social media platforms!
Newsletter
If you or any of your RRGP partners have a newsletter or listserv, please share your award announcement and other important milestones through that platform.
Encourage community leaders and/or elected officials who work with you frequently to announce RRGP milestones through their newsletters or listservs as well. Please contact us at OPR so we can share your important RRGP milestones through our newsletter as well!
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
Op-Ed or Letter to the Editor
Consider writing an op-ed or letter to the editor of your local newspaper to raise awareness of your new RRGP award and the benefits it will bring to your community. A good approach is to acknowledge the various stakeholders involved in the planning process, name the specific benefits this project will bring to members of your community, and emphasize the place-based, community-driven approach to this project using RRGP’s model. An op-ed is typically around 600 words (it depends on the outlet) and you submit it to the Op-Ed Editor; it is best to reach out to this editor with an outline for your piece and ask if they’re interested in running a developed piece from you. A letter-to-the-editor is short – usually under 200 words – and you just submit it directly to the letters section of the outlet.
Events
Events with community members, leaders, and elected officials can be a draw for the press, as well as for local residents, and are a great way to build excitement about your RRGP project.
Host Community Events
Organizing a fun kick-off meeting and other community events for stakeholders and the general public is a great way to raise awareness about your RRGP award and get more people involved in the planning process. These kinds of events can help make sure everyone is on the same page and united in your mission, as well as enthusiastic about the tangible benefits your project will create.
Remember
The OPR team is here to help! We love to work with awardees to brainstorm communication strategies. We can provide quotes from OPR leadership for your press releases and make leadership available for media interviews. We can coach you on how to pitch media, help you identify reporters, and help secure participation by State officials in your event. Contact OPR’s Deputy Director of External Affairs, Emily Breslin, for support: [email protected].
Social Media
Social media offers an array of powerful, free platforms that enable you to communicate about your RRGP project to potentially large audiences.
Follow us
The California Office of Planning & Research (@Cal_OPR) posts frequently on Twitter about the State’s efforts to improve our environment and communities. OPR is also active on LinkedIn. We encourage you and your RRGP partners to follow our accounts to stay up to date on the latest news on our policies and programs. If we tweet about the RRGP, or about anything else relevant or interesting to you, please ‘like’ and retweet us—sometimes it can even save you the trouble of crafting your own tweet. 184
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
Tag us
We love seeing grantees’ progress from vision to reality. Please post updates and photos of project events or outcomes on social media, and make sure to tag us so that we can like, comment, and retweet to share your hard work with all of California.
Tag Your Partners
Remember to include co-applicants and other key stakeholders and champions in social media posts about your RRGP award. Tagging partners gives them the recognition they deserve while increasing the audience for your post.
Use Hashtags
Hashtags can be a very effective way to increase a post’s visibility and response rate. It is best to use a few relevant hashtags, like #climateadaptation #climateresilience #CAresilience and #OPR.
Take Pictures
A social post with a great image attached is bound to get more traction than one without an image. Throughout every stage of the RRGP process, be sure to encourage your team to bring their phones or even a nice camera and take a picture of their colleagues or work environment. Having a photobank of pictures can work wonders on your social media accounts, especially because you’ll have the freedom to choose the highest quality or most interesting photos. Please see the Photo Tips section of this kit for more information.
Shorten the Message
Given the character limit for tweets, you will need to pick and choose what information to include. Incorporate hashtags and tagging partners into your sentences, (see the sample posts below). Use commonly known abbreviations and conjunctions.
Amplify the Voices of Community Members
Reach out to partners and community members for their videos, quotes, and pictures that share how your RRGP project will affect their lives. These stories can increase your social media audience’s enthusiasm for your project. Retweeting posts that residents and stakeholders create is another way to demonstrate RRGP’s impact.
Post Often
Interact with your audience as much as possible on all platforms. It is ideal to post between a few times a week and once or twice a day on social media. Brainstorm with your staff to come up with creative ways to keep the public informed and interested in your work. Then create a schedule and remain consistent. 185
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
More Social Media Tips
Encourage audience engagement by posting questions.
• Use URL shortening tools from sites like bitly.com and tinyurl.com. • Don’t be afraid to use emojis.
• Encourage your colleagues and RRGP partners to participate in social media conversations.
• Be visual! Use infographics instead of text when possible. • Observe copyright laws.
Sample Posts
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
Photo Tips
Consider pointers in this section when using photography to tell your project’s story.
Quality
Use the highest quality camera you can access. Good news: many modern smartphones are usually sufficient, as long as your subject is in focus, well-lit, and the phone is turned sideways (landscape orientation—use this orientation for videos, too!).
Photos on social media don’t have to be as high quality as photos on your website or newsletter.
Everyone’s a Photographer
Encourage your staff and partners to take photos whenever they have the chance, and to send them all to your organization’s communications team. Designating someone who owns a nice camera to take photographs during events is always a good practice.
Don’t Have a Great Photo?
Services like Flickr, Pixabay, and Upsplash offer countless high-quality photos that you can download and use for free.
Content
When possible, photos should be bright and colorful, without being too ‘noisy,’ blurry, or filtered. Candid photos of people working or interacting tend to be more unique and eye-catching than people smiling at the camera. Highlight interesting aspects of your project so your photo stands out.
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Exhibit H, APGP Communications Kit
Remember
The picture is what draws people in to read the caption and learn about your work.
Don’t underestimate its importance!
STAY IN TOUCH!
Feel free to contact OPR’s Deputy Director of External Affairs, Emily Breslin, if you have questions or need support on any of your communications efforts at [email protected].
OPR’S NEWSLETTER AND RRGP LISTSERV
OPR Newsletter Sign Up: https://opr.ca.gov/e-lists.html RRGP Listserv: https://lp.constantcontactpages.com/su/36xr3ct/RRGP Follow us on social media and check our website regularly for new announcements and updates!
TWITTER
twitter.com/Cal_OPR
LINKEDIN
linkedin.com/company/governor-s-office-of-planning-and-research/
WEBSITE
opr.ca.gov
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Attachment 1: Authorized Signatory Form
Attachment 1: Authorized Signatory Form
I hereby verify that I am an authorized Grantee representative and signatory and, as such, can sign and/or delegate authorization to sign and bind Grantee as it relates to the above-referenced Grant Agreement and grant related documents.
Grantee Authorized Signatory:
Name: Title:
(Type or Print Name)
Signature: Date:
Delegated Authorized Signatories:
1. Name: Title:
(Type or Print Name)
Signature: Date:
Document(s) Authorized to sign:
All Grant Related Documents or Grant Agreement
Grant Amendments Budget Amendments Reports
Invoices Other ______
2. Name: Title:
(Type or Print Name)
Signature: Date:
Document(s) Authorized to sign:
All Grant Related Documents or Grant Agreement
Grant Amendments Budget Amendments Reports
Invoices Other ______
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Attachment 2: Work Plan
Attachment 2: Work Plan
Project Name: Energy-Resilient Fire Services in High-Threat Communities The primary focus of the RCEA “Energy-Resilient Fire Services in High-Threat Communities” project is to construct resilient energy systems (solar panels + battery energy storage) at fire stations that serve high-fire risk areas in remote communities in Humboldt County.
This project addresses the region’s greatest climate risks related to wildfire, flooding, extreme heat events, rising temperatures, and landslides by adding energy resilience infrastructure to fire stations in remote, vulnerable, high fire risk areas. By installing renewable energy and energy storage systems at these locations, first responders will be better able to provide immediate local fire response – addressing smaller fires to prevent or slow their development. First responders will also be able to provide rescue services and medical services when flood waters rise, landslides close roads, and remote communities are cut off from outside assistance.
Fire stations are essential to resilience planning as they are the first to respond when disasters strike, and address many routine non-fire medical emergencies on a day-to-day basis. When regional fire stations operate during power outages, vulnerable populations such as the elderly, disabled, and community members with medical needs are protected. Further, many fire stations have co-located community spaces that provide staging for food and water distribution following disasters. Fire station “areas of responsibility” go well beyond the communities in which they are based and will therefore enhance emergency response coverage across the most remote, vulnerable portions of the County.
The RCEA project offers many benefits beyond establishing energy resilient critical facilities. During “blue-sky” (non-emergency) operations these facilities will be able to reduce grid energy consumption and peak energy use reducing fire station electricity bills. The local grid itself will be strengthened by having power generation at the grid edges and this project will help local fire districts comply with pending legislation AB 944 which would require 96 hours of off-grid run-time at all fire stations by January 2026.
Greenhouse gas emissions will be reduced from offset grid energy use and reduced fossil fuel generator use. Additional benefits include reduced noise form generators, improved air quality, and enhanced public safety. Finally, first responder experience working with renewable power systems will enhance skills and knowledge to safely respond to structure fires at buildings with renewable power systems installed – as is becoming more common.
This project also includes funding for regional prescribed fire trainings conducted by the UC Cooperative Extension in collaboration with the Humboldt County Prescribed Burn Association and the Briceland Fire Department. This coalition has conducted prescribed fire trainings throughout the County for years under a grant that recently expired. These trainings are well attended, and the Tribal-led Fire Behavior course included in the trainings is in high demand. 190
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Attachment 2: Work Plan
This project is based on the formation of a regional partnership with 16 fire stations in high-fire risk communities at the electric grid edge.
Fire Station project partners include:
1. Yurok Tribe Fire Department
2. Hoopa Tribe Volunteer Fire Department
3. Karuk Department of Natural Resources
4. Blue Lake Volunteer Fire Department
5. Telegraph Ridge Volunteer Fire Company
6. Honeydew Volunteer Fire Department
7. Fruitland Ridge Volunteer Fire Company
8. Orick Volunteer Fire Department
9. Orleans Volunteer Fire Department
10. Petrolia Volunteer Fire Department
11. Salmon Creek Volunteer Fire Company
12. Bridgeville Fire Protection District
13. Briceland Volunteer Fire Department
14. Whitethorn Fire Protection District
15. Willow Creek Volunteer Fire Department
16. Westhaven Volunteer Fire Department
RCEA will serve as project lead and will collaborate with the fire station partners to permit, design, and install resilient energy systems.
Regional fire station partners will be involved at every stage of the process, from initial system sizing and location to the final design review, permitting, commissioning, and operations. The fire stations will own and operate the renewable energy system equipment.
High Level Activities
Performance Measures
[Any appropriate deliverables,
metrics, milestones]
Timeline
[Start and End Date]
TASK 1: Finalize Scope for Project Portfolio
Subtask A: Collect site data and determine project feasibility Final Project Portfolio Q2 2024 – Q3 2024 Subtask B: Prepare prospective design for all feasible projects Prospective designs for projects Q3 2024 – Q1 2025 TASK 2: Conduct Design-Build Request for Proposals (RFP) process Subtask A: RCEA Staff develops and releases RFP RFP packet and responsive bids Q2 2024 – Q3 2024 Subtask B: Award Design-Build contract(s) Construction Contract Q3 2024 191
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Attachment 2: Work Plan
TASK 3: Finalize Construction Designs
Subtask A: Complete 80% designs 80% designs Q4 2024 – Q2 2025 Subtask B: Receive 100% designs 100% designs Q4 2024 – Q2 2025 TASK 4: Construct Resilient Energy Systems
Subtask A: Construct resilient energy systems Permit and interconnection applications submitted,
construction schedule, system
commissioning
Q1 2025 – Q2 2026
TASK 5: Conduct Operations and Maintenance Training
Subtask A: Operations and Maintenance Training Log of trained personnel and training materials
Q2 2025 – Q2 2026
TASK 6: Support Prescribed Fire Trainings
Subtask A: Support Prescribed Fire Trainings Record of Training events Q2 2024 – Q2 2026 TASK 7: Participate in ICARP Peer-to-Peer Learning
Subtask A: Participate in quarterly virtual peer-to-peer meetings Log of Peer-to-Peer meetings Q2 2024 – Q2 2026 TASK 8: Track Progress and Evaluate Grant Outcomes
Subtask A: Track progress and evaluate grant outcomes Grant reports / accounting records
Q2 2024 – Q2 2026
The Parties may make minor changes to the timeline and deliverables due without the requirement of an amendment.
See Exhibit B, Sections 7 and 8.
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Attachment 3: Final Report
Attachment 3: Final Report
Regional Resilience Grant Program
Final Report: FY 22-23
Grantee:
Grant Number:
Project Name:
Project Summary
1. Provide a brief summary of the challenges facing the Planning Area and the work completed under this grant.
Barriers and Accomplishments
2. Describe and explain any differences between the planned results, as listed in the Work Plan, and the actual results. Describe any barriers that impeded the progress of the grant, any corrective actions taken, and the outcomes. Discuss how these lessons learned can be useful for other communities.
3. Describe any notable outcomes, findings, or conclusions. Report on successful strategies used to achieve results and how these lessons learned can be useful to other communities.
4. Include a list of other sources of funding that were secured, directly or indirectly, through this Project.
Future Implementation
5. Describe how plans or processes developed under this grant will be implemented over the next three to five years. Explain:
a. How they will further your organization’s sustainability goals and strategies. b. How they will advance the State’s planning priorities and RRGP objectives. c. How the work completed under this grant will assist in applying for future funding that aligns with the RRGP’s objectives.
Feedback
6. Based on your experiences with this grant program, please provide feedback about how the OPR can improve future grant programs.
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Attachment 3: Final Report
Attachments
7. Attach any relevant documents to this report, including final deliverables. If the documents cannot be sent electronically, notify the Grant Manager.
Case Study
8. Grantee(s) will produce a project case study documenting key project information, data, lessons learned, and effective practices gathered through this project. To facilitate knowledge exchange and advance community planning and capacity, at the end of the Grant Term applicants are responsible for submitting a narrative case study to OPR to reflect on and share project outcomes and lessons learned, how the project responds to climate change impacts, and any resources that helped along the way. Case studies will be reviewed and curated for possible inclusion in the Adaptation Clearinghouse to help support a community of practice across the state. (See Appendix E: Work Plan for more information). Grantees will receive technical assistance for support in developing case studies. (See Program Technical Assistance for more info) Instructions:
a. Write the case study in a narrative form using the below section headers, format and font for organization.
b. The case study should be between 800-1000 words in total length. c. Provide responses for each header section – please don’t combine or modify these. However, don’t feel obliged to provide answers to all sub-bullets under each section header - only provide information for those that apply. d. Provide 1-3 graphics (photos, tables and charts, figures, etc. are welcome).
Provide links as needed. Send these as separate jpg or png image files (high resolution preferred).
e. To see examples of published Case Studies, visit: https://resilientca.org/case-studies/.
CERTIFICATION: I certify that this Final Report is accurate and that this project complies with the Agreement. I further certify that any expenditure discussed in this report is allowed under the Agreement and that all funds were expended for the purposes of this Project.
Name: Title:
(Type or Print Name)
Signature: Date:
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Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Attachment 4: Budget Detail Worksheet
Attachment 4, Budget Detail Worksheet
Project Name:
High Level Activities Budget Total
TASK 1: Finalize Scope for Project Portfolio $98,687
TASK 2: Conduct Design-Build Request for Proposals (RFP) process $24,770 TASK 3: Finalize Construction Designs $387,673
TASK 4: Construct Resilient Energy Systems $2,072,588
TASK 5: Conduct Operations and Maintenance Training $175,420 TASK 6: Support Prescribed Fire Trainings $67,160
TASK 7: Participate in ICARP Peer-to-Peer Learning $15,861 TASK 8: Track Progress and Evaluate Grant Outcomes $15,861 Grant Administration $140,204
Printed Outreach Materials $1,776
The Parties may make minor changes to the timeline and deliverables due without the requirement of an amendment. See Exhibit B, Sections 7 and 8.
195
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Attachment 5: Invoice
Attachment 5, Invoice
[TO BE PRINTED ON GRANTEE LETTERHEAD]
REGIONAL RESILIENCE GRANT PROGRAM FY 22-23
PLANNING GRANT INVOICE
Governor’s Office of Planning and Research
Date:
Email required invoice documents to: [Department Grant Manager Name] Invoice Number:
Grantee Name: Grant Number:
Project Name:
Invoice Quarter: (Start Date) (End Date)
Invoice Summary:
Task Grant Funds Spent
Task 1:
Task 2:
Task 3:
Task 4:
SUBTOTAL for this Quarter
Less 5% Retention
TOTAL reimbursement requested this Quarter
Invoice Detail:
Task Cost Description Amount
Supporting
Documentation/
Page #
1 Subtotal
2 196
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Attachment 5: Invoice
Subtotal
3 Subtotal
Travel
Subtotal
Equipment
Subtotal
Indirect
Subtotal
SUBTOTAL FOR THIS QUARTER
Progress Report:
Work Plan Task # Description of Work Performed
Please refer to specific deliverables in the Budget and Work Plan.
CERTIFICATION: By my signature below, I certify that I have full authority to execute this payment request on behalf of Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Print Name: Print Title:
Signature: Date:
197
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Attachment 6: Invoice Dispute Notification
Attachment 6, Invoice Dispute Notification
INVOICE DISPUTE NOTIFICATION
INVOICE DATE
INVOICE
NUMBER
GRANTEE
ADDRESS
INVOICE
AMOUNT
$
DATE INVOICE RECEIVED
GRANT AGREEMENT NUMBER
The invoice referenced above is disputed for the following reasons:
Request reimbursement for expenses not in the
Budget Detail
Invoiced for indirect cost reimbursement
above 10% cap
Invoiced for incidental costs or travel costs outside
of CA
Work performed prior to the Grant start or end
date
Insufficient evidence of progress made or task
completion
Invoice submitted without using required
templates
Insufficient supporting document for
reimbursement
Progress Report or Final Report not included
with invoice
Request reimbursement through another funding
source Other not listed above:
Comments:
THIS NOTIFICATION IS A FOLLOW UP TO A PHONE CONVERSATION WITH THE GRANTEE OR DESIGNEE WHOSE NAME APPEARS BELOW.
NAME DATE OF
CONVERSATION
IF YOU HAVE ANY QUESTIONS REGARDING THIS DISPUTE, CONTACT:
NAME
TELEPHONE NUMBER (include Area Code)
STATE OF CALIFORNIA USE ONLY
RETURN A COPY OF THIS NOTIFICATION WITH THE
CORRECTED INVOICE TO:
DATE DISPUTE RESOLVED INITIALS
RESOLUTION
198
Office of Planning and Research – Regional Resilience Grant Program – Round 1 Grant Number: OPRXXXXX, Redwood Coast Energy Authority
Attachment 6: Invoice Dispute Notification
Attachment 7, Map of Project Boundary
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1 PARTNERSHIP AGREEMENT FOR THE COLLABORATIVE STAKEHOLDER STRUCTURE
FOR THE
ENERGY RESILIENT FIRE SERVICES IN HIGH-THREAT COMMUNITIES PROJECT This Partnership Agreement for the Collaborative Stakeholder Structure for the Energy Resilient Fire Services in High-Threat Communities Project (“Agreement”) is made and entered into this ___ day of ____________, 2024, by and between the Redwood Coast Energy Authority (“RCEA”) and the Yurok Tribe Volunteer Fire Department, Hoopa Tribe Volunteer Fire Department, Karuk Department of Natural Resources, Blue Lake Volunteer Fire Department, Telegraph Ridge Volunteer Fire Company, Honeydew Volunteer Fire Department, Fruitland Ridge Volunteer Fire Company, Orick Volunteer Fire Department, Orleans Volunteer Fire Department, Petrolia Volunteer Fire Department, Salmon Creek Volunteer Fire Company, Bridgeville Fire Protection District, Briceland Volunteer Fire Department, Whitethorn Fire Protection District, Willow Creek Volunteer Fire Department, Westhaven Volunteer Fire Department (each a “Fire Station Partner” and collectively the “Fire Station Partners” or “Co-Applicants”). RCEA and the Fire Station Partners are collectively referred to as the “Parties.”
1. Background and Recitals
A. The Integrated Climate Adaptation and Resiliency Program (ICARP), housed in the Governor’s Office of Planning and Research (OPR), funds regional climate resilience efforts, including identifying climate resilience priorities, building capacity, and implementing projects, that respond to a region’s greatest climate risks. Such efforts are funded through the Regional Resilience Grant Program (“RRGP”).
B. RCEA is the recipient of a RRGP, Round 1, grant award (“RRGP Grant”) to fund the Energy-Resilient Fire Services in High-Threat Communities project based on the RCEA application submitted on August 29, 2023 (“Proposal”). The Proposal was submitted in collaboration with the 16 Co-Applicants, who consist of independent fire stations located in remote communities with high to very-high fire hazard severity zones in Humboldt County. In addition, the Proposal was submitted in collaboration with two technical advisory partners, the Schatz Energy Research Center (SERC) and University of California Cooperative Extension. RCEA will subcontract with the advisory partners.
C. The Proposal envisions the installation of a resilient energy system at each fire station as depicted in Attachment A: Project Location Map (“Project Area”). Each energy system will be uniquely sized to provide full station power including 24 hours of battery energy storage, and will be owned and operated by the respective Fire Station Partner.
The full scope of the Energy-Resilient Fire Services in High-Threat Communities project (“Project”) is contained in more detail in the Proposal, which is incorporated into this Agreement as if stated herein.
D. The Parties developed the Project with an understanding of the RRGP requirements.
RCEA is prepared to lead the Project, and each Fire Station Partner is prepared to participate in the Project, for the term of the RRGP Grant. 200
2 E. RCEA, as lead-applicant for the RRGP Grant, will be responsible for using the RRGP Grant funds to fund Project activities. Through this Agreement, the Fire Station Partners commit to working with RCEA to implement the Project.
F. Fire Station Partners are organizations eligible to participate in the program and fully support the objectives, goals, strategies, and projects identified within the Project, and the Fire Station Partners each agree to support the Project in a manner consistent with the RRGP Grant Proposal and pursuant to the terms of this Agreement.
G. OPR requires this Agreement to set forth the Parties’ respective obligations and commitments required to implement the Project including but not limited to: 1) outlining the respective obligations of RCEA as the Grantee and the Fire Station Partners throughout the term of the RRGP term to implement the Project, 2) obtaining commitments from the Parties that they will implement their respective obligations, 3) obligating the Co-applicants to provide copies of all documentation of actions taken related to the Project to RCEA for retention in compliance with specified RRGP requirements, and 4) contain information about how the Parties will make decisions and resolve disputes.
H. This Partnership Agreement is entered into pursuant to requirements of the RRGP and the Proposal. In addition to containing the material terms necessary to satisfy these requirements, this Agreement memorializes basic terms for planning and implementation of the scope of work included in the Project Proposal.
2. Proposal Overview
The Energy-Resilient Fire Services in High-Threat Communities Project will construct “resilient energy systems” (e.g., solar panels + battery bank) at fire stations that serve high-fire risk areas in remote, vulnerable locations in Humboldt County. As fire stations are the first line of defense for fires, natural disasters, and medical emergencies adding resilient energy system infrastructure to these facilities ensures that critical services will be available during and after disruptions.
By installing solar energy and battery storage systems at the Partner fire stations, first responders will be better able to provide immediate local fire response as well as rescue and medical services when flood waters rise, landslides close roads, and remote communities are cut off from outside assistance. As these remote fire stations have a large “Area of Responsibility”, installation of solar energy + battery storage systems at these locations increases the overall resilience of Humboldt County.
By leading the Energy Resilient Fire Services in High-Threat Communities Project, RCEA furthers its mission to promote the generation and use of renewable energy and -advances its efforts to move Humboldt County toward a more energy secure future.
The benefits of this project include:
• Increases regional energy resilience at critical facilities in remote, high fire-risk locations.
• Reduces air pollution including greenhouse gas emissions and criteria pollutants associated with electric power generation.
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3 • Supports regional fire station roles in protecting public health and public safety. • Increases regional capacity to operate and maintain renewable energy systems – including emergency response capacity involving fires at structures that have installed solar electric systems.
• Reduces energy bills at critical facilities.
• Strengthens community partnerships and the ability to address regional climate threats.
• Protects vulnerable community members such as the elderly, disabled, and medical customers during power outages.
• Provides power to a centralized location for the purpose of distributing food/water and other life-sustaining supplies following disasters. • Provides power to a centralized location for the purpose of charging medical equipment during disasters or planned power outages.
• Provides continuous power for fire stations with cooling / clean air rooms used to assist community members during high heat events and times of poor air quality. • Reduces electricity bills so that fire station funds can be used for other climate adaptation efforts.
• Facilitates capacity building through prescriptive fire trainings.
3. Roles and Responsibilities
3.1 Lead Applicant
A. General. As the Lead Applicant, RCEA commits to fulfill those duties and responsibilities corresponding to the Lead Applicant role under the Energy Resilient Fire Services in High-Threat Communities Project for the term of the RRGP Grant, and to take all reasonable actions necessary to effectuate the requirements of the RRGP Grant in accordance with the State of California requirements. RCEA is fully committed to the activities and deliverables of the RRGP Proposal, the requirements of the RRGP Grant, and the stipulations of this Agreement, more specifically:
1) To collaboratively plan and implement a Project completion schedule. 2) To work collaboratively in all aspects of Project implementation. 3) To leverage available funds as appropriate to maximize Project benefits.
B. Primary Roles and Responsibilities.
1) All Phases: Throughout the term of the RRGP Grant, RCEA shall:
a) Coordinate all components of the RRGP Proposal.
b) Oversee and coordinate the Project.
c) Submit all invoices and associated summary reports and annual reports to the RRGP staff.
d) Participate in regular check-in meetings with RRGP staff. e) Provide sufficient and adequate RCEA staff support to oversee the Project during the entirety of the RRGP Grant term.
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4 f) Collaborate with the Fire Station Co-Applicants to permit, design, and install resilient energy systems sized to provide full station power including 24 hours of battery energy storage..
g) Provide technical assistance to each Co-Applicant on an individual basis. h) Finalize resilience project portfolio, including conducting site visits to gather data, look for energy efficiency opportunities and conduct prospective renewable energy + storage designs.
2) Development Phase: During the initial planning, design, permitting, and development phase of the fire station energy systems, RCEA shall:
a) Solicit and hire solar system design-build contractors for each Project site. b) Work with selected contractors to finalize site-specific energy system construction designs.
c) Specify solar and battery storage equipment manufacturers to ensure continuity for operations and maintenance over time.
d) Support interconnection and construction activities as needed. e) Work with the selected solar energy system design-build contractors to purchase renewable energy system components to be installed at the Co-Applicant sites. i. This includes solar panels, batteries, an inverter and all other balance-of-system components. ii. This does not include an equipment shed if space is unavailable inside the building to store batteries and electrical equipment. iii. This does not include purchase of pole mounting systems to support solar panels or installation of pole mounting systems.
f) Work with the Co-Applicants and contractor(s) to ensure successful resilient energy system installation, commissioning and training. g) Confirm that renewable power system performs as expected. h) Provide general operations and maintenance training to Co-Applicant staff. i) Collate operating manuals, equipment specifications and warranty information for all installed equipment to ensure continuous system operations.
3) Operational Phase: During the operational phase of a fire station energy system, RCEA shall:
a) Conduct RRGP Grant Project close-out activities.
b) RCEA shall have no responsibility for operations or maintenance of the renewable power systems including replacement of key components that may be required over the expected renewable power system life (25 years). c) RCEA shall have no financial responsibility for the removal and/or modification of the renewable power system after the 25-year life of the system has elapsed.
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5 3.2 Co-Applicants
A. General. Each Co-applicant is responsible for implementing specific strategies applicable to its fire station, and must have the staff capacity, expertise, and organizational/project management abilities to deliver on their commitments within the scope of their specific project.
B. Co-Applicants named. The Co-applicants include the following16 regional fire stations. RCEA will work with each Co-applicant independently for the term of the RRGP Grant. This Agreement pertains to the following Fire Station Co-applicant(s):
1) Yurok Tribe Fire Department (a Department of the Yurok Tribe) 2) Hoopa Tribe Volunteer Fire Department (a Department of the Hoopa Tribe) 3) Karuk Department of Natural Resources (a Department of the Karuk Tribe) 4) Blue Lake Volunteer Fire Department
5) Telegraph Ridge Volunteer Fire Company
6) Honeydew Volunteer Fire Department
7) Fruitland Ridge Volunteer Fire Company
8) Orick Volunteer Fire Department
9) Orleans Volunteer Fire Department
10) Petrolia Volunteer Fire Department
11) Salmon Creek Volunteer Fire Company
12) Bridgeville Fire Protection District
13) Briceland Volunteer Fire Department
14) Whitethorn Fire Protection District
15) Willow Creek Volunteer Fire Department
16) Westhaven Volunteer Fire Department
C. Primary Roles and Responsibilities.
1) Development Phase: During the initial planning, design, permitting, and development phase of a fire station specific energy system, each of the Fire Station Co-Applicants shall:
a) Assist with identification of possible solar and battery equipment installation locations.
b) Provide building roof space that is structurally capable of supporting an appropriately designed array of solar panels.
i. If a fire station facility rooftop cannot accommodate solar panels due to structural limitations or excessive shading, the Fire Station shall purchase and install a ground mounted pole (including payment of any permitting costs) that can support the solar panel array. RCEA will endeavor to work within the available RRGP budget to apply RRGP Grants funds toward the cost of a pole mount if possible; provided however, RCEA is not responsible to pay budget overruns. c) Provide weatherproof space for a battery bank + inverter equipment; preferably in a temperature-controlled area.
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6 d) Participate in system construction sequencing and commissioning to ensure that any planned power outages during system installation are scheduled for times when operational impacts can be minimized.
e) Provide necessary documentation to authorize RCEA and/or the contractor to submit the necessary interconnection applications for local grid interconnection.
f) Remove or trim any trees that will cause shading on the solar panels. g) With advance notice, allow RCEA and solar system contractors access to the fire station building and installed renewable energy system equipment for project development purposes.
h) Commit staff time to operations and maintenance training. 2) Operational Phase: During the operational phase of a fire station specific energy system, each of the Fire Station Co-Applicants shall:
a) Own, operate, and maintain the installed solar energy and battery storage equipment.
b) Replace resilient energy system components over time as needed. c) System components that may need replacement during the expected life of the project (25 years) include the batteries and the inverter. d) Maintain internet access onsite required for warrantees on renewable energy system components and integration with the electricity grid. e) With advance notice, provide access to solar generation and storage systems post-installation for warranty service as needed for lifetime of the system or duration of equipment / installer warranties.
f) Designate personnel for accessing monitoring data for installed renewable energy systems.
g) Co-Applicants are responsible for final system decommissioning at the end of useful life.
3) All Phases: Throughout the duration of the RRGP Grant term, each of the Fire Station Co-Applicants shall:
a) Commit adequate and sufficient staff time and resources to be able to work with RCEA throughout the duration of the site-specific Project design, installation, training, and Project close-out.
b) Meet with RCEA staff for scheduled site visits and promptly answer operational questions.
c) Respond to RCEA requests for information in a timely manner. d) Provide readily available data which may include electricity consumption data, as-built engineering plans for fire station buildings including electrical systems, and geotechnical reports if necessary.
e) Collaborate with RCEA to assess fire station energy efficiency opportunities. f) Participate in data gathering necessary to fulfill RCEA RRGP reporting requirements throughout the duration of the grant.
g) Participate in grant close-out activities, if needed. 205
7 4. RRGP Collaborative Stakeholder Structure
4.1 General.
The Collaborative Stakeholder Structure is organized around the leadership of RCEA. Each of the Co-applicants represents a fire station that is distant and separate from the other Co-applicant fire stations. Therefore, the collaboration for this Project is between RCEA and each of the Co-Applicants separate from the others. RCEA will collaborate with each Fire Station Partner to permit, design, and install the energy system appropriate for that fire station location.
Each Fire Station Partner will be involved at every stage of the process, from initial system sizing and location determination to the final design review, permitting, commissioning, and operations. Each Fire Station Partner will own and operate the equipment installed at the respective Fire Station site.
The Tribal Co-applicants are inherently self-governing, and this sovereignty is strengthened through the increased self-reliance of the Tribal fire stations. The other Co-Applicants have some degree of self-governance but can also be tied to the governance of their over-arching jurisdiction. RCEA will work with the Co-applicants in accordance with their respective organizational structures.
In the event a Co-applicant choses to withdraw from the Project, the budget allocated to the withdrawing Co-applicant’s part of the Project will be reallocated to the remainder of the Project, in a manner that RCEA determines best meets the overall Project objectives.
4.2 Tribal Sovereignty
Nothing in this Agreement shall be construed as a waiver of the sovereign immunity of the Yurok, Hoopa, or Karuk Tribes, or of the officers, employees, or agents thereof. Notwithstanding the above, RCEA reserves the right to seek equitable relief, including injunctive or declaratory, concerning its obligations arising under the RRGP Grant. Any such action shall be brought in Humboldt County Superior Court, under the laws of California.
4.3 Confidentiality
A. Confidential Information. From time to time, the Parties may have need to exchange confidential information in furtherance of the purposes of this Agreement (“Confidential Information”). Such information may include, but is not limited to, matters regarding certain operations, critical infrastructure, draft project budgets, conceptual designs, engineering plans, and construction plans. The Parties shall keep all Confidential Information confidential and shall not disclose any Confidential Information to any other person without the prior written consent of the disclosing Party. If Confidential Information is required to be disclosed by act of law or judicial or other governmental action, the duty to maintain confidentiality of such information shall remain to the extent the disclosure is not subject to the law or specific disclosure demand.
B. Requests for Disclosure Pursuant to the California Public Records Act. 1) Each Party acknowledges that RCEA is a public agency subject to the requirements of the California Constitution, Article 1, Section 3 and the California Public Records Act (Government Code §§ 7920.000–7931.000).
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8 2) Each Party acknowledges that it may submit to or otherwise provide RCEA with access to materials that a Party considers Confidential Information, which may or may not be exempt from public disclosure under applicable California law. 3) Where any third party (the “Requestor”) not otherwise authorized to access Confidential Information under this Agreement makes a demand or request to RCEA for access to Confidential Information (the “Request”), RCEA will promptly notify the Parties of the Request before responding to the Requestor and indicate its preliminary analysis of whether the records requested are subject to or exempt from disclosure under the California Public Records Act. If the information demanded or requested affects more than one Party, then the affected Parties shall cooperate in their response, including engaging joint counsel if deemed advisable, and share such costs. In the event any Party disagrees with RCEA’s preliminary analysis, such Party shall be solely responsible for taking whatever legal steps such Party deems necessary to prevent release of information to the Requestor (including the release of such information by RCEA). Such Party is responsible for all costs associated with pursuit of any legal steps, including the pursuit of any legal remedies, subject to any sharing of costs in the case more than one Party is affected (e.g. retaining joint counsel).
4) Each Party understands and acknowledges that the California Public Records Act compels RCEA to respond to Requests within ten (10) calendar days of receipt of a Request (the “RCEA Deadline”). Where RCEA has met its obligation to timely notify the Parties as set forth in subsection 3 above and a Party fails to notify RCEA that it will seek a protective order or other legal remedy to bar the disclosure of information that the Party considers Confidential Information prior to RCEA Deadline, RCEA may, without liability hereunder, disclose the Confidential Information that is necessary to be disclosed in response to the Request.
C. Exceptions. Notwithstanding the foregoing, “Confidential Information” shall exclude (and a receiving Party shall not be under any obligation to maintain in confidence) any information (or any portion thereof) disclosed by any Party to the extent that such information:
1) Is in the public domain at the time of disclosure by the disclosing Party; 2) At the time of or following disclosure, becomes generally known or available through no act or omission on the part of any receiving Party;
3) Is known, or becomes known, to the receiving Party from a third-party source that is not under an obligation to the disclosing Party to maintain confidentiality; 4) Is independently developed by a Party without violating any of its obligations under this Agreement or any other agreement between the Parties; 5) Is permitted to be disclosed by a formal written agreement executed by and between the receiving Party(ies) and the disclosing Party;
6) Was in the possession of the receiving Party prior to disclosure by the disclosing Party; or
7) Is required to be disclosed by law or regulation; provided that, to the extent practicable and legally permissible; the disclosing Party is given prompt notice of such required disclosure so that the disclosing may seek an injunction or other protective order.
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9 4.4 Meetings.
RCEA will lead all meetings with Fire Station Partners. RCEA will hold a kick-off meeting with each Fire Station Partner to establish a timeline for the initial site visit and other RRGP Grant activities. Meetings after this point will occur on as-needed basis. These meetings are not open to the public. RRGP Project updates will periodically be provided to the RCEA Board of Directors which meets the fourth Thursday of each month. Agendas and meeting minutes are posted on RCEA’s website and are publicly available.
4.5 Documentation.
Co-applicants will be required to provide RCEA with copies of all documentation of actions taken related to the Project including copies of the Partnership Agreement, changes or amendments to the agreement, letters and email correspondence with RCEA or the contractors hired to install the solar + storage equipment, invoices, reports and other documentation for a minimum of four (4) years following the final payment of funds or until completion of any action and resolution of all issues which may arise as a result of an audit, whichever is later.
4.6 Decision-Making and Dispute Resolution.
RCEA will work directly with each Fire Station Partner to make decisions regarding the design, system size, battery storage capacity, and location of the solar + storage systems and the balance-of-system equipment installed at their sites. As RCEA is bound by the RRGP Grant funding available, RCEA retains the right to scale the solar + storage energy systems to fit within the RRGP available budget. Disputes will be handled through direct communication with RCEA and any unresolved disputes at the staff level will be brought to the respective organizations’ management or legal teams if required. If the Parties are unable to resolve their dispute after 30 days of negotiation, the Parties shall mediate their dispute through the use of a mutually acceptable neutral third-party. Notwithstanding the foregoing, RCEA retains the right to seek equitable relief, including injunctive or declaratory relief, in regard to its obligations under the RRGP Grant. Venue for any such action shall be in Humboldt County Superior Court, and the rights and obligations of the Parties shall be interpreted in accordance with the laws of California.
5. Legal and Financial Considerations
RCEA will maintain legal, fiscal and fiduciary responsibilities, including managing RRGP Grant funds in accordance with OPR regulations, policies and guidelines. RCEA is responsible for the development and submission of all reports to RRGP staff and additional funding agencies, bookkeeping, accounting, and grant compliance services.
5.1 Term and Termination
A. Effective Date. This Agreement shall be effective between RCEA and any one Fire Station Partner upon the last date of execution by duly authorized representatives of RCEA and that Fire Station Partner.
B. Term. This Agreement shall commence on the Effective Date and, unless terminated earlier under the terms of this Agreement, shall terminate on the last day of the RRGP 208
10 Grant Agreement. The RRGP Grant Agreement concludes upon completion of the Project and payment of the last invoice, unless otherwise terminated earlier.
C. Termination by a Party. Prior to the purchase of equipment and the commencement of construction at a given site, any Fire Station Partner may terminate its participation in this Agreement upon express written notice to RCEA. Termination by one Party shall not cause the Termination of the Agreement or affect the rights or responsibilities of the other Parties with respect to each other. Funds allocated for the terminating Party’s specific Project shall be reallocated by RCEA (with advance approval from OPR staff) as needed to support the remaining Project partner renewable energy system equipment purchases.
D. Termination based on Funding Availability. This Agreement shall terminate upon the notification by the OPR of funding unavailability.
5.2 Conflict of Interest.
RCEA adheres to a conflict-of-interest policy that prohibits any official, employee, consultant, or contractor from having a personal financial interest in the Project. RCEA will strictly enforce this policy.
5.3 Transfer, Assignment, Delegation
No Party shall have the right to transfer, assign, or delegate any rights or responsibilities under this Agreement to another entity without the express written consent of all the Parties.
5.4 Third-Party Claims
RCEA and each Co-Applicant shall have equal standing and collective accountability for implementing grant program requirements within the Collaborative Stakeholder Structure. The RCEA does not assume liability for any third-party claims for damages arising out of this Agreement and each Co-Applicant does not assume liability to OPR for damages arising out of this Agreement.
6. Amendment
This Agreement may be revised during Post-Award Consultation with RRGP staff or upon written agreement of the Parties in order to comply with all administrative, statutory, and RRGP requirements. This Agreement may not be modified or amended otherwise except by express written agreement of all of the Parties. Requests to modify this Agreement shall be sent in writing by the requesting Party to the other Parties at least thirty (30) days prior to the proposed date of modification.
7. Equal Opportunity
RCEA and Co-Applicants are committed to equal employment opportunity and to ensuring that all employees have a work environment that is free of conduct that could be considered discriminatory or harassing based on an employee’s protected status. RCEA and Co-Applicants will not allow anyone, including any supervisor, co-worker, vendor, client, or customer, to unlawfully harass or discriminate against employees or applicants for employment. RCEA will take prompt and effective remedial action upon discovery of such conduct. 209
11 8. Order of Precedence
To the extent any term of this Agreement is found to be in conflict with any provision of the RRGP Grant, such term of this Agreement shall be superseded by such provision and thereby have no legal effect upon the Parties.
IN WITNESS, WHEREOF, the parties hereto have executed this Agreement on the dates listed below, effective as hereinabove defined.
(Signatures on following pages)
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12 Redwood Coast Energy Authority Yurok Tribe
_____________________________ _____________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ Hoopa Valley Tribe Karuk Tribe
_____________________________ _____________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ Blue Lake Volunteer Fire Department Telegraph Ridge Volunteer Fire Company _____________________________ _____________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ Honeydew Volunteer Fire Department Fruitland Ridge Volunteer Fire Company _____________________________ _____________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ 211
13 Orick Volunteer Fire Department Orleans Volunteer Fire Department _____________________________ _____________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ Petrolia Volunteer Fire Department Salmon Creek Volunteer Fire Company _____________________________ _____________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ Bridgeville Fire Protection District Briceland Volunteer Fire Department _____________________________ _____________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ Whitehorn Fire Protection District Willow Creek Volunteer Fire Department _____________________________ _____________________________ Name: _______________________ Name: _______________________ Title: ________________________ Title: ________________________ Date: ________________________ Date: ________________________ 212
14 Westhaven Volunteer Fire Department
_____________________________
Name: _______________________
Title: ________________________
Date: ________________________
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15 ATTACHMENT A: PROJECT LOCATION MAP
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STAFF REPORT
Agenda Item # 10.1
AGENDA DATE: April 22, 2024
TO: Board of Directors
FROM: Eileen Verbeck, Interim Executive Director
SUBJECT: Interim Executive Director’s Report
SUMMARY
Interim Executive Director Eileen Verbeck will provide updates on topics as needed.
RECOMMENDED ACTION
None. (Information only.)
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