STATE OF CALIFORNIA
GRANT AGREEMENT
CEC-146 (Revised 3/2019) CALIFORNIA ENERGY COMMISSION
RECIPIENT AGREEMENT NUMBER
City of Huntington Beach OTF-24-005
ADDRESS AGREEMENT TERM
2000 Main Street 8/15/2024 to 3/31/2027
Huntington Beach, CA 92648
PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.
Pass Through Grant Subaward Page(s): 5
Contacts List Page(s): 1
REIMBURSABLE AMOUNT
$350,000
MINIMUM MATCH SHARE REQUIRED
$0
TOTAL OF REIMBURSABLE ANOUNT AND MINIMUM MATCH
$350,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CITY OF HUNTINGTON BEACH
AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE TDATE
NAME
NAME
Adrienne Winuk
TITLE
Contracts, Grants, and Loans Office Manager
CALIFORNIA ENERGY COMMISSION ADDRESS
715 P Street, MS 18, Sacramento, CA 95814
APPROVED AS TO FORM
•
By: Pupar
f MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
California Energy Commission
Pass-Through Grant Subaward to the City of Huntington Beach
1. Background and Authority for this Grant:
The Budget Act of 2023, as reflected in California Senate Bill 104 (SB 104), Chapter 189/Statutes of 2023, section 90, amending section 19.561, included an appropriation to fund the HB Ride Circuit Shuttle Program in the City of Huntington Beach (City):
Sec. 19.561 ... (b) To be allocated by the Department of Parks and Recreation as follows:
(72) $350,000 for the City of Huntington Beach to support the Huntington Beach Ride Circuit Shuttle Program.
In a letter dated October 9, 2023, which provided a "List of Changes Pursuant to Section 19.561 through
10.569 (SB 104, Ch. 189/2023)," the Department of Finance transferred the allocating authority for these funds from the Department of Parks and Recreation to the California Energy Commission (CEC), pursuant to section 19.561(a)(6) of the Budget Act of 2023. Therefore, the CEC and the City are entering into this pass-through grant agreement (Agreement) to exercise this authority and fund the project.
2. Scope of Work and Products
The City shall only use funds received under this Agreement for its HB Ride Circuit Shuttle Program to improve micro-mobility, reduce car traffic, and provide low cost, on-demand transit to residents and visitors using all-electric shuttles. The City shall provide two products to the CEC:
Products
1. Midway Project Report Submitted with the second
invoice (see next section
below "Budget, Invoices, and
Payment").
Final Project Report Submitted on or before the
Agreement end date.
Both the Midway Project Report and Final Project Report can be brief documents, around 1-3 pages. At a minimum, the reports shall include the project status, actual or anticipated issues regarding project completion, and if the project is still within budget. If the project is not within the budget, the City should elaborate on efforts that have been completed or anticipated to resolve this issue. Additionally, for the Final Project Report, the City shall include at least one photo of the completed project. It is up to the City to choose a photo submission format, but digital photo submission is preferred due to the nature of remote work. The City shall submit
City of Huntington Beach
reports and photos to the Commission Agreement Manager (CAM) listed in Section 4.
3. Budgets, Invoices, and Payments
The CEC only has authority to provide up to $350,000 under this Agreement. The CEC will provide this amount in two equal half payments of $175,000 each upon receiving and approving invoices from the City. The City's first invoice can be at the start of the agreement.
During the midway point of the project, close to when the first payment is close to being paid out, the second invoice can begin.
The City shall submit the Midway Project Report in conjunction with the Second Invoice. Under Senate Bill 104, section 90, amending section 19.561, the CEC has the authority to allocate the payments as an advanced lump sum. Funding can be applied to incurred costs that are prior to the effective date of this agreement. (SB 104, Section 19.561(a)(5)). For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation. The state entity shall determine the best method for allocation to ensure the funds are used for the purposes specified in this section.
To maximize efficiency and minimize costs for the CEC and City, this agreement will undergo a two-part advanced payment approach. Since payments will be made in advanced, invoices will not need be detailed. However, if requested, the City, shall promptly provide any information regarding this agreement that is listed in the Terms and Conditions under Section D. Audit and under Section L: Access to Sites and Records.
4. CEC and City Project Contacts
California Energy City of Huntington Beach
Commission
Project Contacts
Project Contact
Program Manager:
Commission Agreement Manager:
Kyle Wada
715 P Street, MS-28 Sarah Whitecotton
Sacramento, CA 95814 2000 Main Street
Phone: (916) 909-2590 Huntington Beach, CA 92648
e-mail: [email protected] Phone: (714) 375-5070
e-mail: Sarah. [email protected]
5. Certification
City of Huntington Beach
By signing this Agreement, the City hereby certifies that all funds received pursuant to this agreement shall be spent exclusively for its HB Ride Circuit Shuttle Program to improve micro- mobility, reduce car traffic, and provide low cost, on-demand transit to residents and visitors using all-electric shuttles. The City further certifies that it shall comply with all applicable laws in performing under this Agreement and in carrying out and administering the electric shuttle program.
6. California Environmental Quality Act (CEQA)
Before signing this Agreement, CEC staff considered the applicability of CEQA. The CEC's execution of this Agreement for the electric shuttle program is not a project under CEQA. CEQA only applies to "to discretionary projects proposed to be carried out or approved by public agencies." (Public Resources Code section 21080(a).) The CEC does not have discretion to not award these funds to the City for this project. SB 104 (2023) section 90, amending section 19.561(a)(2), states, "For allocations in this section that include a designated state entity, the entity shall allocate the funds to the recipients identified in the paragraphs following each designation." (Underline added.) Accordingly, the CEC's part in this pass- through appropriation from the Legislature is not a project for purposes of CEQA, but the City must still comply with any applicable CEQA requirements.
7. Terms and Conditions
A. Nondiscrimination Statement of Compliance
During the performance of this Agreement, the City and its subcontractors will not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.
The City and its subcontractors will ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
The City and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part of it as if set forth in full. The City and its subcontractors will give written notice of their obligations under this section to labor organizations with which they have a collective bargaining or other Agreement.
The City shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement.
B. Drug-Free Workplace Certification
By signing this Agreement, the Recipient certifies under penalty of perjury under the laws of the State of California that it will comply and will ensure its subcontractors will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.). In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in
City of Huntington Beach
suspension of payments under the Agreement or termination of the Agreement or both, and the Recipient may be ineligible for any future state awards if the CEC determines that any of the following has occurred: (1) the Recipient has made false certification, or (2) violates the certification by failing to carry out the requirements of the Act.
C. Americans With Disabilities Act
By signing this Agreement, the City assures the CEC that it complies with the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. Section 12101, et seq.), which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
D. Audit
The City agrees that the CEC, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The City agrees to maintain such records for possible audit for a minimum of three (3) years after the agreement ends in any way. The City agrees to allow the auditors) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the City agrees to include a similar right of the CEC, the Bureau of State Audits, or their designated representative, to audit records and interview staff in any subcontract related to performance of this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 7. L. Access to Sites and Records.
E. Public Works
The City is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. City acknowledges acceptance of Agreement funds may trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay prevailing wages, applying to its entire project. If the project is public works, then it is subject to compliance monitoring and enforcement by the Department of Industrial Relations. By signing this Agreement, City certifies that it shall comply with all applicable Public Works laws and requirements.
F. Intellectual Property
As between the City and the CEC, the City owns all intellectual property it or its subcontractors create under this Agreement. The CEC has a no-cost, non-exclusive, transferable, irrevocable, royalty-free, worldwide, perpetual license to use, publish, translate, modify, and reproduce the products identified in Section 2. above, for governmental purposes.
G. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the City and CEC.
H. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
I. Independent Capacity
City of Huntington Beach
In the performance of this Agreement, City and its agents, subcontractors, and employees will act in an independent capacity and not as officers, employees, or agents of the CEC or the State of California.
J. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable, all other provisions of this Agreement will remain in full force and effect.
K. Waiver
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies in this Agreement will be taken and construed as cumulative, meaning in addition to every other remedy provided in the Agreement or by law.
L. Access to Sites and Records
The City shall provide during the Agreement and for at least 3 years after the Agreement ends in any way to the CEC or its representatives reasonable access to all project sites and to all records related to this Agreement. These rights and responsibilities are in addition to and not restrictive of those in Section 7. D. Audit.
M. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination:
• D. Audit
• E. Public Works
• F. Intellectual Property
• H. Governing Law
J. Severability
K. Waiver
• L. Access to Sites and Records
N. Executive Order N-6-22 - Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Recipient is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The CEC shall provide the Recipient advance written notice of such termination, allowing the Recipient at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the CEC.
City of Huntington Beach
Contact List
California Energy Commission Recipient
Commission Agreement Manager: Program Manager:
Kyle Wada Sarah Whitecotton
California Energy Commission 2000 Main Street
715 ₽ Street, MS-6 Huntington Beach, CA 92648
Sacramento, CA 95814 Phone: (714) 375-5070
Phone: (916) 909-2590 e-mail: Sarah. [email protected] e-mail: [email protected]
Confidential Products: Program Administrator:
Email a request to submit Confidential Products Shannon Levin to: [email protected] 2000 Main Street
Huntington Beach, CA 92648
Subject line should read: Phone: (714) 536-5537
e-mail: [email protected]
Request to Submit Confidential Products:
[Recipient Name and CEC Agreement]
Invoices:
Please submit electronic invoices in ECAMS:
https://ecams.energy.ca.gov/s/login/
Legal Notices:
Tatyana Yakshina
Grants Manager
California Energy Commission
715 P Street, MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail: [email protected]
City of Huntington Beach
DocuSign
Certificate Of Completion
Envelope Id: 126564C3D9FB4A9C8ABE3E29A797E849 Status: Sent Subject: Final Distribution OTF-24-005.pdf
Source Envelope:
Document Pages: 7 Signatures: 0 Envelope Originator:
Certificate Pages: 2 Initials: 0 Brad Worster
AutoNav: Enabled 11493 Sunset Hills Road Suite 100
Envelopeld Stamping: Disabled Suite 100
Time Zone: (UTC-08:00) Pacific Time (US & Canada) Reston, VA 20190 [email protected]
IP Address: 71.197.111.235
Record Tracking
Status: Original Holder: Brad Worster Location: DocuSign 8/21/2024 4:06:06 PM Brad. [email protected]
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Sent: 8/21/2024 4:12:56 PM
Shannon Levin
[email protected]
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Kyle Wada Sent: 8/21/2024 4:12:56 PM
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[email protected]
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Elector offred a and Signature Diaclosure:
Sarah Whitecotton Sent: 8/21/2024 4:12:57 PM
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