EXHIBIT A: GRANT AGREEMENT TERMS AND CONDITIONS
BY AND BETWEEN DATA FOR SOCIAL GOOD AND
City of Needles
This Grant Agreement (“Grant”, “Grant Agreement” or “Exhibit A”) is entered into by and between the Statewide Planning and Capacity Building Project Administrator (hereinafter referred to as “PCB Administrator”, “Data for Social Good”, “DSG”, or “CARB’s designee”) acting on behalf of the California Air Resources Board (hereinafter referred to as CARB, the “Grantor”, the State, or the Board) and the City of Needles (hereinafter referred to as the “Grantee”). The Grantee is a California 501(c)(3) nonprofit corporation or local government with a principal place of business located at 817 Third Street, Needles, CA 92363. The PCB Administrator and Grantee are each a “Party” and together the “Parties” to this Grant Agreement. The Parties agree as follows:
The Grantee agrees to comply with the requirements and conditions set forth in this Grant Agreement, as well as all commitments identified in the Work Statement (as referenced interchangeably, “Statement of Work” or “Exhibit B”), Grantee Application Package (“Exhibit C”), and the Request for Applications Package (“Exhibit D”).
A. PURPOSE
1. Subject to the availability of funds and the Grantee’s continuing compliance with this Grant Agreement, the Grantor shall provide funding from Planning and Capacity Building (“Program”) to the Grantee for the Needles Active Transportation Plan (“Project”) as provided in Exhibit B, referenced below. As referenced in this Grant Agreement, “Representative” or “Representatives” means and includes, individually and collectively, the Grantee’s contractors, subcontractors, consultants, affiliates, agents, representatives, assigns, employees, or officers.
2. The Grantee agrees to comply with all of the terms, provisions, and conditions contained in this Grant Agreement (“Exhibit A”) as well as the following Exhibits incorporated into and made a part of this Grant Agreement. In the event of any inconsistency between the exhibits, attachments, specifications, or provisions which constitute this Grant Agreement, the following order of precedence shall apply:
1. Grant Agreement Cover Sheet
2. Exhibit A: Terms and Conditions
3. Exhibit B: Statement of Work
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i. Attachment I – Budget Summary
ii. Attachment II – Scope of Work
iii. Attachment III – Timeline, Deliverables, and Budget Details iv. Attachment IV – Key Project Personnel
4. Exhibit C: Grantee Application Package
5. Exhibit D: Fiscal Year (FY) 2022-23 Planning and Capacity Building Request for Applications (RFA)
6. Exhibit E: Payee Data Record
B. GRANT AMOUNT
1. The total Grant fund amount (“Grant Funds”) is set out in the Grant Cover Sheet to which this Exhibit A: Grant Agreement Terms and Conditions is attached.
The amount of Grant Funds is also set out in Exhibit B: Attachment I – Budget Summary.
2. The administration of Grant Funds is set out in Section F. Fiscal Administration below.
C. PROJECT LIAISONS
The authorized Project Liaisons during the term of this Grant Agreement are as follows:
PCB Administrator:
Data for Social Good Foundation
CEO
1164 Laurel St.
Berkeley, CA 94708
Phone: 510.529.6153
Email: [email protected]
Grantee:
Kathy Raasch]
Director of Development Services/Capital Projects
City of Needles
817 Third St
Needles, CA 92363
Phone:760-326-5700 x126
Email: [email protected]
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D. TERM; TERMINATION; AMENDMENTS
1. Term. The Term of this Grant Agreement (“Term”) commences the date this Grant Agreement is fully executed by authorized representatives of both Parties (the “Effective Date”) and terminates on December 31, 2026 (the “Termination Date”) unless terminated or cancelled sooner per the terms of this Grant Agreement. The Grantee’s performance of work or other expenses billable to the PCB Administrator under this Grant may not commence until after full execution of this Grant by authorized representatives of both Parties, provided all required proofs of insurance have been provided for each applicable task before it is performed.
2. Project Deemed Complete. Upon completion of the Project, the Grantee shall submit a draft Final Status Report to the PCB Administrator no later than three months before the Termination Date pursuant to Section I of this Grant Agreement. The Grantee’s performance shall be deemed complete on the date the PCB Administrator approves the Final Status Report. A Final Status Report must be received by the PCB Administrator no later than one month before the Termination Date and a final request for payment must be received by the PCB Administrator no later than the Termination Date (See Section I of this Grant Agreement for additional details).
3. Termination
a. Termination Without Cause by Grantor. This Grant Agreement may be terminated at any time for any or no reason by the PCB Administrator or CARB upon providing 45 days advance written notice.
b. Termination for Cause by Grantee. Upon providing 180 days advance written notice to the PCB Administrator, this Grant Agreement may be terminated by the Grantee if the Grantor or the PCB Administrator has breached a material provision of the Grant Agreement.
c. Termination for Cause by Grantor. This Grant Agreement may be terminated by CARB or the PCB Administrator without advance notice at any time if CARB has determined, in its sole discretion, that the Grantee or any of the Grantee’s Representatives have breached any of the terms or conditions of this Grant Agreement or if CARB has determined, in its sole discretion, that any of the Grantee’s Representatives have violated or are in violation of any of their respective obligations or responsibilities under this Grant Agreement or any other agreement where CARB is an intended third party beneficiary or where Grant Funds are used.
i. Non-performance (Breach) Provisions. The Grantee agrees that the following is a non-exhaustive list of the circumstances that Item 25.
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constitute Grantee non-performance (breach) under this Grant.
These circumstances will be determined by CARB and the PCB Administrator and include, but are not limited to:
1. Failure to comply with any of the provisions of the Grant, including Exhibits.
2. Failure to obligate or expend Grant Funds within
established timelines, or failure to show timely interim progress to meet these timelines.
3. Insufficient performance or widespread deficiencies with Grant Fund or Project oversight, enforcement,
recordkeeping, contracting, inspections, or any other
duties.
4. Misuse of Grant Funds.
5. Funding of ineligible activities or other items.
6. Exceeding the allowable Grant Fund allotment.
7. Insufficient, incomplete, or faulty documentation.
8. Failure to provide required documentation or reports requested from CARB, or other State agencies, in a timely manner.
9. Poor performance as determined by a review or fiscal audit.
ii. Additional Remedies. In addition to any other requirements and remedies set out elsewhere in this Grant Agreement, upon request by CARB or the PCB Administrator, the Grantee will also perform as follows:
1. Within fourteen days of any request, timely develop and implement a corrective action plan.
2. Immediately cease all work and spending, and notify all contractors, subcontractors, consultants, and employees to immediately cease all work and spending.
iii. Upon termination of this Grant Agreement or upon issuance of the termination notice (whichever occurs sooner), the Grantee shall immediately turn over all remaining Grant Funds in its Item 25.
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possession or control and all records, personally identifiable information (“PII”), intellectual property, documents, information and data relating to performance, accounting, administration, contracting, and management of the Grant Funds, the Project, and the Program, as well as any other materials requested by CARB or the PCB Administrator or as otherwise required by any of the provisions of this Grant.
iv. CARB, at its sole discretion, may elect to have any or all of the funding, documentation, intellectual property, and other property transferred to another CARB-selected third-party PCB
Administrator or designee.
v. Unless otherwise directed in writing by CARB or the PCB Administrator, upon termination of this Grant Agreement or upon issuance of the termination notice (whichever occurs sooner), the Grantee shall immediately cease all work and cease all
expenditure of Grant Funds.
vi. Unless otherwise directed in writing by CARB or the PCB Administrator, upon termination of this Grant Agreement or upon issuance of the termination notice (whichever occurs sooner), the Grantee shall submit a final Grant Disbursement Request Form and a Final Status Report covering activities up to and including the Termination Date. The Final Status Report shall be subject to review and approval by the PCB Administrator before any final payments are disbursed. Upon receipt of the Grant Disbursement Request Form and Final Status Report, and once all intellectual property and requested data, information, and property have been transferred and assigned to the PCB Administrator, the PCB Administrator, at its sole discretion, may make a final payment to the Grantee. This payment shall be for all PCB Administratorapproved, actually incurred costs that in the opinion of the PCB Administrator are justified. However, the total amount paid shall not exceed the total authorized amount for the Grant Funds as defined in Exhibit B: Attachment I – Budget Summary and no payment shall exceed the total authorized amount for the Grant Funds.
4. Contingency Provision. In the event this Grant Agreement is terminated for whatever reason, the CARB Executive Officer or designee reserves the right in his or her sole discretion to use or make the funds available in a manner consistent with applicable laws, policies and the applicable Funding Plan(s), which may include but is not limited to allocating the funds to other projects or awarding the Grant to the next highest scored applicant and if an agreement Item 25.
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cannot be reached, to the next applicant(s) until an agreement is reached.
5. CEQA. CARB retains full discretion to consider all available information relating to California Environmental Quality Act (CEQA) compliance before determining whether to proceed with funding or authorization of any work under this Grant Agreement. No work may be initiated by the Grantee, nor will any funding be disbursed by CARB, for the specific component to which CEQA is applicable until CARB has affirmatively notified the Grantee in writing that this CEQA condition has been satisfied. If CARB decides not to proceed with this Grant Agreement, the Grant Agreement will be terminated immediately by CARB upon written notice to the Grantee.
6. Amendments. This Grant Agreement may only be amended by a written amendment to this Grant Agreement which has been fully executed by authorized representatives of both Parties.
E. GENERAL DUTIES AND REQUIREMENTS
This section generally sets out the respective duties and requirements of the PCB Administrator, CARB, and the Grantee in implementing the Project and Program under this Grant Agreement. More detailed duties and responsibilities are set out in other sections of this Grant Agreement and the Exhibits.
1. Parties.
a. "PCB Administrator” shall mean Data for Social Good
b. “Grantor” or “CARB” shall mean the California Air Resources Board c. “Grantee” or “ Needles” shall mean the City of Needles
2. The PCB Administrator. The PCB Administrator is responsible for the following:
a. Participating in regular coordination meetings with the Grantee and other key staff to discuss project refinements and guide project implementation.
b. Reviewing and approving all Grant Disbursement Request Forms and distributing Grant Funds to the Grantee.
c. Reviewing and approving reporting, engagement, outreach, and education materials provided by the Grantee, such as outreach and education materials, webpages, initial participant surveys, Status Reports, and the Final Report.
d. Reviewing and approving the Project Plan and all its components. e. Providing program oversight and accountability (in conjunction with the Item 25.
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Grantee).
f. Reviewing, evaluating, and auditing the Grantee’s administration, management, collaboration, partnership, and/or oversight of or with any “Representative” or “Representatives” of Grant Funds ((i.e., recipient, recipients, subgrantees, contractors, subcontractors, vendors, suppliers, consultants, Sub-applicants, project team members, and community partners), including but not limited to written agreements and disbursement requests.
3. CARB. CARB is responsible for the following:
a. Selecting the projects for funding.
b. Providing policy direction.
c. Reviewing and approving the final grant agreement template between the PCB Administrator and Grantee.
d. Participating in discussion forums with or without the PCB Administrator involving multiple Grantees.
4. The Grantee. The Grantee is responsible for the following:
a. Perform or cause to be performed, in a timely manner, all Project work as described in this Grant Agreement, as well as Exhibit B. b. Comply with all applicable requirements of statutes and regulations under federal and California laws.
c. Comply with all terms, provisions, and conditions of this Grant Agreement, including all incorporated documents, and fulfill all assurances, declarations, representations, and statements made by the Grantee in the Grantee Application Package (Exhibit C) and as reflected in the RFA (Exhibit D).
d. Require the Grantee’s Representatives to meet all the aforementioned requirements, as applicable.
e. The Grantee shall use best efforts and subject matter expertise in managing, overseeing, and implementing the Project. The Grantee’s responsibilities include, but are not limited to, the following tasks:
i. Closely communicate with the PCB Administrator any significant changes to Project implementation that would impact timely completion of the Work Statement (Exhibit B).
ii. Applying best efforts and industry best practices and standards, Item 25.
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manage, oversee, and administer quality control and timely delivery of Project deliverables, ensuring that Representatives fulfill their obligations and responsibilities.
iii. Accomplish all of the other Grantee duties, responsibilities, and obligations set out in all other sections of this Grant Agreement. iv. When requested, assist CARB or the PCB Administrator with other aspects of program development and implementation that facilitate CARB’s larger goal for emission reductions and equity considerations.
f. Public Outreach and Workforce Development
i. As needed or upon PCB Administrator request, prepare outreach and educational materials, in consultation with the PCB Administrator, necessary to educate the local community and public about the benefits of the Project.
ii. As needed or upon PCB Administrator request, assist the PCB Administrator in engaging with the local community and the public and assist collecting and incorporating lessons learned from public outreach events and communications with the public and the local community.
iii. Ensure high job quality1 when hiring in relation to or for the benefit of the Project using Grant funds.
2 CARB or the PCB
Administrator reserves the right to determine whether job quality is sufficient for hiring funded through the Project. Factors commonly considered to evaluate job quality include, but are not limited to:
1. Local living wages.
2. Benefits provided (i.e., health insurance, paid leave, sick leave, childcare services).
3. Geographic accessibility, connectivity, and commute
distance.
1 Offer local living wages, benefits, predictable scheduling, opportunities for advancement, geographic accessibility, good working conditions, and job retention. “Funding Guidelines for Agencies that Administer California Climate Investments.” (p. 13) California Air Resources Board.
August 2018.
2 “Fiscal Year 2022-23 Application Guidance.” Planning and Capacity Building, Clean Mobility in Schools, and the Sustainable Transportation Equity Project. July 24, 2023.
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4. Job strain, schedule predictability, and flexibility.
5. Worker engagement and involvement.
6. Robust metrics to measure job progress beyond selfreporting (e.g., enrollment, completion, placement, career opportunities, and documentation of labor market
advancement).
7. Working conditions and health risks.
8. Job retention or duration of employment.
g. Data Collection and Processing
i. The Grantee shall collect, process, and analyze data in accordance with the Grant Agreement terms and, upon request, provide said data to the PCB Administrator in a timely manner. ii. Keep all Project data in compliance with all privacy requirements as set forth in this Agreement and applicable laws.
iii. Consult with and get PCB Administrator approval before the release of any data that has been collected during the course of the Project.
iv. Promptly respond to the PCB Administrator’s request for Project data.
v. Promptly notify the PCB Administrator if there is any request for Project data.
vi. Document findings from the Project.
vii. Coordinate with other CARB data collectors and processers, as requested by CARB or the PCB Administrator.
F. FISCAL ADMINISTRATION
1. Budget
a. The maximum amount of Grant Funds payable to the Grantee by the PCB Administrator under this Grant Agreement is defined in Exhibit B:
Attachment I – Budget Summary and the Cover Sheet to which this Exhibit A is attached.
b. Under no circumstance will the PCB Administrator reimburse the Grantee for more than the allowable amount of Grant Funds. A written Item 25.
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amendment pursuant to Section D.6 of this Grant Agreement is required whenever there is a change to the Grant Fund amount.
c. The PCB Administrator retains the authority to terminate or reduce the amount of Grant Funds if, by nine months prior to the Termination Date, 75 percent of total project Grant Funds have not been expended and accounted for in accordance with the terms and conditions of this Grant Agreement. In the event of such termination, Section D of this Grant Agreement shall apply.
d. The PCB Administrator retains the authority to terminate or reduce the amount of Grant Funds if, by six months after Grant Agreement execution, the Grantee does not have agreements executed with all Sub-grantees listed in Exhibit B: Attachment IV. In the event of such termination, Section D of this Grant Agreement shall apply. e. The PCB Administrator retains the authority to terminate or reduce the amount of Grant Funds if the Grantee or a Sub-grantee terminates an existing agreement, at the time of termination the scope of work has not concluded, and the Grantee does not execute an agreement with a replacement Sub-grantee within six months. In the event of such termination, Section D of this Grant Agreement shall apply. f. Where the total disbursed amount of the Grant Funds is less than the allowable amount, CARB, in its sole discretion, may re-allocate the remaining amount to other Project uses within the Project Schedule and Budget, which may only be accomplished through a written amendment to the Grant Agreement.
g. Line-item shifts of up to 10 percent of the total Grant Fund amount may be made over the life of the Grant, subject to prior written approval from the PCB Administrator. Line-item shifts greater than 10 percent of the total Grant Fund amount require a written amendment to the Grant.
Line-item shifts may be proposed by either the PCB Administrator or the Grantee and must not increase or decrease the total Grant Fund amount. All line-item shifts must be approved by the PCB Administrator in writing and included in the Grant folder. If the Grant is amended, said amendment must be in writing and all line-item shifts must be included in the amendment.
h. No Grant Funds shall be used to purchase real property (buildings, land, etc.). No Grant Funds may be used to purchase equipment, vehicles, or computers that would be required to be returned to the State at the end of the Grant Term.
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for vehicles or equipment that exceeds the purchase price. j. Grant Funds not liquidated by the end of the Grant Term must be returned within 15 days of the end of the Grant Term. Expenditure of Grant Funds shall not be reduced due to any loss incurred in an insured bank or investment account.
2. Project Funding
a. The Grant Disbursement Form (Form MSCD/ISB-90)
i. Requests for payment shall be made with the Grant Disbursement Request Form (Form MSCD/ISB-90) or a comparable form
provided by the PCB Administrator and conform to the
instructions identified in Section F. Fiscal Administration.
Disbursements requesting funds from multiple funding sources shall be submitted individually by funding source. Grant payments shall be made only for reasonable costs incurred by the Grantee and only when the Grantee has submitted to the PCB Administrator a Grant Disbursement Request Form, a Status Report, demonstration of completion of milestones stipulated in Exhibit B: Attachment III, demonstration that the requirements of Section F. Fiscal Administration have been satisfied, and any other associated deliverables (if applicable). Where consistent with applicable laws, the PCB Administrator, in coordination with and subject to approval by CARB, has the sole discretion to accelerate the allowable timeline for disbursement of Grant Funds identified in Exhibit B: Attachment III necessary to assure the goals of the Program are met.
ii. The Grantee shall submit Grant Disbursement Requests to the PCB Administrator’s Accounting Department at:
[email protected]. Prior to submitting to the
Accounting Department, the Grantee will submit unsigned disbursement requests to the PCB Administrator Project Liaison to allow for a pre-review of the request. The Grantee must submit Grant Disbursement Requests electronically based on the PCB Administrator’s electronic submission guidance in effect at the time of the request. The Grantee must make all requests for payment by submitting the Grant Disbursement Request Form and all required documentation.
iii. Grant payments are, in each instance, subject to the PCB Administrator’s advance review and approval, including review and approval of Status Reports and any accompanying
deliverables. A payment will not be made if the PCB
Administrator determines that a milestone has not been
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accomplished or documented; that a deliverable meeting
specification has not been provided; that claimed expenses have not been documented, accomplished, are not valid per the budget, or are not reasonable; or that the Grantee has not met other terms or conditions of the Grant.
iv. The PCB Administrator with withhold payment of up to one (1) percent of the Grant Funds until the completion of the Final Report, intellectual property has been relinquished to the PCB Administrator in accordance with Section I and L of these provisions, the PCB Administrator has received and approved the Grantee’s mechanism for receiving annual reporting, and submitting of the Final Report to the PCB Administrator by the Grantee. It is the Grantee’s responsibility to submit a Grant Disbursement Request for this final disbursement of Grant Funds. v. The PCB Administrator shall disburse funds in accordance with the California Prompt Payment Act, Government Code, Section 927, et seq.
vi. In every instance where a request for reimbursement is submitted for approval, the Grantee payment requests will be subject to the advance review and approval of an authorized representative of the PCB Administrator. The following requirements also apply in each instance:
1. Submit valid, true, and correct invoices justifying the payment requested. Invoices must reflect only actual costs incurred by the Grantee.
2. Submit a Grant Disbursement Request Form (Form
MSCD/ISB-90), or comparable form as provided by the
PCB Administrator, including all documents required to be accompanied with said form.
3. Submit all documentation demonstrating the cost of work completed in the following categories where such
reimbursements are allowed: (1) direct labor costs
(including total staff time and labor costs); (2) external consultant fees for completed work (where applicable); (3) printing, mailing, travel, and other outreach expenses; and (4) indirect costs.
a. Direct costs are actual costs incurred that are
directly tied to the implementation of the project,
including, but not limited to, personnel costs (i.e.,
hourly wage), subcontracts, equipment costs, and
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travel expenses. Profits, profit sharing, shareholder
interest, and taxes (real and personal) are not
reimbursable as direct or indirect costs.
b. Indirect costs (also sometimes referred to as
overhead, general, or administrative costs) means
actual costs incurred for services or activities that are not directly tied to a specific project objective but
support a common or joint purpose. Allowable
indirect costs are a pro rata share of general
management (overhead) costs for operations that
support the work performed under the Grant
Agreement, such as accounting, budgeting, payroll
preparation, personnel services, utility costs, rent
and centralized data processing not already
identified or reimbursed as a direct cost. Profits,
profit sharing, shareholder interest, and taxes (real
and personal) are not reimbursable as direct or
indirect costs. Indirect costs shall not exceed one
percent of the total CARB Grant Funds awarded.
4. Provide any and all additional invoices and documentation requested by the PCB Administrator.
b. Eligible and ineligible costs are set out in Exhibit D: Request for Applications Package.
c. Maintain Documentation of Grant Funds. The Grantee must maintain all supporting documentation and accounting of Grant Funds requested, expended, transferred, held, or used, including all of the following:
i. Personnel records, including but not limited to timesheets and other labor tracking software. Duty statements or other documentation may also be used to verify the number of staff and actual hours, or percent of time staff devoted to Project implementation and administration.
ii. Consultant fees, including but not limited to consultant contracts and invoices. All consultant fees must be pre-approved by the PCB Administrator or CARB. Fees expressly identified in the budget as a part of the Grantee Application Package are considered pre-approved by CARB.
iii. Printing, mailing, and travel expenses, including but not limited to receipts and/or invoices.
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iv. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those amounts paid to the State’s
represented employees. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from CARB. The State’s travel and per diem reimbursement amounts may be found online at
http://www.calhr.ca.gov/employees/pages/travelreimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Grantee.
v. The above documentation, records, and referenced materials must be made available for review during monitoring visits and audits by the PCB Administrator, CARB or its designee. These records must be retained for a minimum of five years after submittal of the final project invoice to the PCB Administrator vi. The above documentation must be provided to the PCB Administrator upon request, in quarterly Status Reports and in the Final Status Report.
3. Suspension of Payments
a. The PCB Administrator or CARB may issue a suspension order (stop work order) at any time for any reason. The suspension order shall remain in effect until the dispute has been resolved or the Grant has been terminated. The Grantee will not be reimbursed for any expenditure incurred during the suspension. Upon issuance of the suspension order, the Grantee shall stop all work, unless otherwise specified in the suspension order. Failure to comply with the terms of the suspension order is a material breach of this agreement and may subject the Grantee to liquidated damages. The Grantee shall resume work only upon receipt of written instructions from PCB Administrator. b. If the PCB Administrator or CARB rescinds the suspension order and does not terminate the Grant, the PCB Administrator may in coordination with CARB, elect to reimburse the Grantee for any expenses incurred during the suspension that are reimbursable in accordance with the terms of the Grant.
4. Resource Contributions
a. Resource contributions include both cash match and in-kind services. b. Cash Match
i. Cash match funding from the Grantee, if applicable, can only be used in two ways:
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1. To reduce the cost of implementation and,
2. At CARB’s discretion, to support the CARB-approved
Project and other activities deemed essential by the PCB Administrator in coordination with CARB for the Project. ii. The above documentation must be provided to the PCB Administrator in the Status Reports.
c. In-Kind Services. The Grantee is encouraged to contribute in-kind services to improve the Project’s effectiveness. “In-kind services,” for purposes of the Project, means payments or contributions made in the form of goods and services, rather than direct monetary contributions.
Funds expended on in-kind services must meet all the requirements described in this Grant and must be documented in the Status Reports to the PCB Administrator.
5. Financial Records and Accounts
a. Fiscal management systems and accounting standards. The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of Grant Funds to a level of expenditure adequate to establish that such funds have not been used in violation of local, state, or federal law or this Grant Agreement. Unless otherwise prohibited by federal, state, or local law, the Grantee further agrees that it will maintain separate Grant Fund accounts as required to manage and administer the Project, including the use of generally accepted accounting principles.
b. For any Grant Funds paid in advance, the Grantee shall not commingle the Grant Funds account with any other accounts, revenues, grants, donations, or funds. The Grantee shall maintain all advance pay Grant Funds in separate bank accounts designated specifically for the purposes of carrying out the obligations of this Grant. The bank accounts must be held in the name of the Grantee (the official agency name and not a dba), and no other person or entity. The advance pay Grant Funds are not the assets of the Grantee and shall not be used, obligated, or relied upon for any purposes other than those purposes and uses set out in this Grant Agreement. Grant Funds shall not be used as collateral for or an obligation to any debt, loan, or other borrower commitments of the Grantee or any of its Representatives. All Grant Fund accounts shall adequately and accurately depict all amounts received and expended.
6. Earned Interest
a. “Earned interest” means any interest generated from any and all Grant Item 25.
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Funds provided to the Grantee and held in an interest-bearing account. b. Interest earned by the Grantee must be reported to the PCB Administrator. All interest income must be reinvested in the Project or Program in a manner approved by the PCB Administrator. The Grantee is responsible for reporting to the PCB Administrator everything that is funded with interest earned on Grant Funds.
c. The Grantee must maintain accounting records (e.g., general ledger) that tracks interest earned and expended on Grant Funds, as follows:
i. The calculation of interest must be based on an average daily balance or some other reasonable and demonstrable method of allocating the proceeds from the interest-generating account back into the Project or Program.
ii. The methodology for tracking earned interest must ensure that it is separately identifiable from interest earned on non-Grant Funds.
iii. The methodology for calculating earned interest must be consistent with how it is calculated for the Grantee’s other fiscal programs.
iv. Earned interest must be fully expended by the Termination Date unless the term of this Grant Agreement is extended up to the Reversion Date by grant amendment.
d. Documentation of interest earned on the Grant Funds must be retained for a minimum of five years after it is generated. Documentation of interest expended on PCB Administrator-approved projects must be retained for a minimum of five years after the interest funded has been expended.
e. The above documentation must be provided to the PCB Administrator in Status Reports and the Final Status Report. The PCB Administrator may, at its sole discretion, request copies of or review any of the above documentation in advance of or after receipt of any Status Reports or the Final Status Report, and the Grantee shall fully cooperate and comply will all such requests.
7. Additional Remedies for Non-Compliance
a. Without limiting any of its other remedies, the PCB Administrator or CARB may, for the Grantee’s noncompliance with any term or condition of this Grant Agreement, withhold future payments, demand and be entitled to repayment of past reimbursements or payments, or suspend Item 25.
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or terminate this Grant Agreement. All Project Schedule and other tasks are non-severable, and completion of all of them is material to this Grant Agreement. Thus, the PCB Administrator or CARB, without limiting its other remedies, is entitled to repayment of all funds paid to the Grantee if the Grantee does not timely complete all Project Schedule and other tasks to the reasonable satisfaction of the PCB Administrator or CARB. b. The Grantee understands, acknowledges, and agrees that failure to comply in whole or in part with Exhibit B (Statement of Work); with this Grant Agreement; or with applicable federal, state, and local air quality rules, regulations, and laws, is, in each instance, a material breach of the Grant Agreement and such breach will result in undue hardship and damages to the State of California some or all of which is impossible to easily calculate. The Grantee understands, acknowledges, and agrees that the Grantee’s said compliance is a precondition to the award and distribution of Grant Funds and a continuing obligation of the Grantee during the Term of the Grant Agreement and for the consecutive five years following expiration, cancellation, or termination of the Grant Agreement, whichever occurs later.
G. DOCUMENTATION OF EXPENDITURE OF STATE FUNDS
Per the terms and conditions of this Grant as set out herein above and below, the Grantee must provide the PCB Administrator with documentation accounting for the proper expenditure and use of Grant Funds. The documentation must be provided upon the PCB Administrator request, and in Status Reports submitted every six months to the PCB Administrator and in a Final Status Report submitted at the completion of the Project prior to the Grantee receiving the last disbursement of funding.
H. PROJECT MONITORING
1. Meetings
a. Initial meeting: A meeting will be held between key project personnel, the PCB Administrator, and CARB staff before work on the Project begins. The purpose of the first meeting will be to discuss the overall plan, details of performing the tasks, the project schedule, and any issues that may need to be resolved.
b. Review meetings: Meetings to discuss progress must be held monthly, beginning one month after the initial meeting, unless otherwise determined by the PCB Administrator. Additional meetings may be scheduled by the PCB Administrator. Such meetings may be conducted in any manner deemed appropriate by the PCB Administrator. c. Site visits: Site visits shall be established by the PCB Administrator Item 25.
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during the Term of this Grant.
2. Monitoring
a. Any changes in the scope or schedule for the Project shall require the prior written approval of the PCB Administrator and may require a formal Grant amendment.
b. The Grantee shall notify the PCB Administrator in writing immediately if any circumstances arise (technical, economic, or otherwise), which might place completion of the Project in jeopardy. The Grantee shall also make such notification if there is a change in key project personnel (see Exhibit B: Attachment IV).
c. In addition to Status Reports (see Section I of this Grant Agreement), the Grantee shall provide information requested by the PCB Administrator that is needed to assess progress in completing tasks and meeting the objectives of the Project.
d. Any change in budget allocations, re-definition of deliverables, or extension of the Project Schedule must be requested in writing to the PCB Administrator and approved by the PCB Administrator, in its sole discretion, and may require a formal Grant amendment.
I. REPORTING
1. Status Reports
a. The Status Report provides a mechanism for the Grantee to validate the use of funding needed to implement the Program. The Grantee shall submit Status Reports to the PCB Administrator 15 days after the end of every sixth month. The first Status Report must be submitted within 15 days of the end of Month 6 or when first requesting disbursement of funds, whichever is sooner. Status Reports may be submitted more or less frequently at the discretion of the PCB Administrator to align with disbursement requests.
b. The Status Reports shall be provided in a format agreed upon between the PCB Administrator and the Grantee and meet the requirements specified herein. CARB may specify an electronic format for Status Reports.
c. The Grantee acknowledges, understands, and agrees that any information contained in any Status Reports or other submissions provided by the Grantee or any of its Representatives may be used by the PCB Administrator, CARB, or any of its third-party representatives to verify compliance with the provisions of this Grant Agreement.
Furthermore, the Grantee acknowledges, understands, and agrees that Item 25.
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Status Reports submitted to the PCB Administrator must include the following certification signed by a person with authority to make such a certification on behalf of the Grantee:
I certify, under penalty of perjury under the laws of the State of California, that I have examined and am familiar with the information in the enclosed Status Report, including all attachments thereto.
Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements, representations, conclusions, and information are true, accurate, and complete. I am aware that there are significant penalties for knowingly submitting false statements, claims or information to the State of California, including the possibility of criminal sanctions. d. The Grantee must provide Status Reports to the PCB Administrator detailing Project activity, status of funds used, and current issues with administration or implementation. Status Reports shall contain, at a minimum:
i. Project Status Report number, title of Project, name of Grantee, date of submission, and Grant ID.
ii. Summary of work completed since the last Status Report, noting progress toward completion of tasks identified in Attachment II of Exhibit B (Statement of Work).
iii. Statement of Work expected to be completed by the next Status Report.
iv. Notification of problems encountered and an assessment of their effects on the Project’s outcomes and, if necessary, an updated Project timeline.
v. Status of any engagement, outreach, or education activities planned or conducted since the last Status Report, including status of related materials.
vi. Status of any Grant Funds disbursed to or held by the Grantee. including earned interest, and status of any resource contribution that has been used.
vii. Other data and analysis as requested by the PCB Administrator. e. Every Grant Disbursement Request Form (Form MSCD/ISB-90 or comparable form) shall be accompanied by a Status Report that documents work toward completion of a milestone specified in Exhibit B: Attachment III.
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f. If the Project is behind schedule, the Status Reports must contain an explanation of reasons for delay and how the Grantee plans to resume timely completion of milestones and deliverables in Exhibit B:
Attachment III.
2. Annual Data Report and Other Data as Requested
a. The Grantee will track and report metrics such as, but not limited to, the data types outlined in the RFA on an annual basis. Data should be separated by reporting period but should be collected and compiled in a way that facilitates reporting in the Final Status Report. b. The Grantee must provide data in support of other CARB needs such as requests from legislators or the governor’s office, data reporting required by California Climate Investments, and other needs such as regulatory development.
3. Final Status Report
a. The Grantee must submit a draft Final Status Report to the PCB Administrator within 30 days of Project completion or no later than three months before the Termination Date, whichever occurs sooner. b. The draft Final Status Report must include, at a minimum:
i. Total Grant Fund expenditures documentation (including but not limited to resource contributions).
ii. Overview of the Project as a whole from inception through the end of the Term, including background, partnerships, and funding sources.
iii. Summary of all funded tasks, Project milestones, and deliverables.
iv. Data collected from vehicles, facilities, and participants, compiled from all Quarterly Status Reports and Annual Data Reports. v. Assessments of behavior change, vehicle miles traveled, access to key destinations, affordability, change in knowledge and acceptance of clean transportation options, and participant evaluations, including the results of any surveys conducted. vi. Description of community engagement, outreach, and education efforts, including materials used, schedule of events conducted, and an assessment of effectiveness of the efforts.
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vii. Implementation challenges, best practices, and lessons learned, including suggestions for future consideration for wider-scale implementation of the Program in other communities and other Program improvements.
viii. Earned interest.
ix. Other data and analysis as mutually agreed upon between the Grantee and CARB.
c. The Final Status Report must be ADA-compliant in accordance with the Web Content Accessibility Guidelines 2.0, or a subsequent version, as provided under Section P.2 of this Grant Agreement.
d. The draft Final Status Report must be submitted to the PCB Administrator in an appropriate format agreed upon between the PCB Administrator and the Grantee.
e. The Final Status Report must meet the requirements specified in this Grant.
f. Upon approval of the draft Final Status Report by the PCB Administrator, the Grantee shall submit to the PCB Administrator an original executed (signed) Final Status Report (inclusive of all supporting documentation), plus an electronic version of same. The Grantee must provide the Final Status Report to the PCB Administrator within 90 days of the PCB Administrator receiving the draft Final Status Report or one month before the Termination Date, whichever comes first.
g. The Final Status Report must also contain the same signed statement set out in Section I.1.c) above.
J. OVERSIGHT AND ACCOUNTABILITY
1. The Grantee shall comply with all oversight responsibilities identified in this Grant Agreement.
2. CARB or its designee may recoup Grant Funds due to misinformation, misrepresentation, or fraud. CARB also reserves the right to prohibit any entity from participating in existing or future CARB programs, projects, or grants due to non-compliance with Grant Agreement or Program requirements or due to misinformation, misrepresentation, or fraud.
3. The Grantee shall, for each occurrence, document and immediately report to the CARB and the PCB Administrator any and all suspected or known substandard work; suspected or actual breach of any Representative agreement, fraud, misrepresentations, or abuse of funds; suspected or known Item 25.
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violations of any Grant terms or conditions; and all misrepresentations and fraud carried out by the Grantee, any of the Grantee Representatives, or any third parties. The Grantee shall fully cooperate and work with CARB or the PCB Administrator to investigate, resolve, and take appropriate action to enforce the terms and conditions of this Grant Agreement, including appropriately prosecuting or litigating any civil or criminal claims as determined necessary by CARB or its representative.
K. PROJECT RECORDS
1. The Grantee shall establish and maintain records of the Project. As further described below, by way of example but not limitation, Project records may include Grantee and Grantee Representative financial records, meeting records, insurance records, sub-agreements, timesheets, and deliverables outlined in Exhibit B. The Grantee shall:
a. Utilize best practices to store all records in a safe and secure storage facility that maintains confidentiality and provides fire and natural disaster protection. Files shall be retained during the Term of the Grant Agreement plus five years. Upon completion of the required record retention period, the Grantee must submit all Project records to the PCB Administrator. Hardcopy or electronic records are suitable. Acceptable forms of electronic media must be approved based on prior written concurrence from the PCB Administrator.
b. Remediate documents and webpages, as needed, to be ADA-compliant in accordance with the Web Content Accessibility Guidelines 2.0, or a subsequent version, as provided under Section P.2 of this Grant Agreement.
c. Develop a systematic process and schedule to back-up Project database(s) each day, at a minimum.
d. Develop and enforce security measures to safeguard Project database(s).
e. Provide data updates to the PCB Administrator upon request, which could include all Project records.
f. Provide periodic data summaries to the PCB Administrator, at the PCB Administrator’s request, outside of the normal data reporting process. g. Provide Status Reports and Annual Data Reports to the PCB Administrator per the requirements in Section I. Reporting. Where requested by the PCB Administrator, the Grantee will clarify, supplement, modify, or update its Status Reports.
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h. Where necessary as solely determined by CARB or the PCB Administrator, the Grantee shall support CARB or the PCB Administrator’s enforcement efforts, including the recapturing of funds and by providing CARB or the PCB Administrator with any information, documents, data, or other materials needed to investigate or carry out such efforts.
i. Support CARB in efforts to track key information about the distribution of Grant funds to support the development, deployment, and commercialization of advanced technology vehicles, equipment, and infrastructure.
2. Financial Records. Without limitation of the requirement to maintain program accounts in accordance with generally accepted accounting principles, the Grantee must:
a. Establish an official file for the project, which shall adequately document all significant actions relative to the project.
b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on the project.
c. Establish separate accounts which will adequately and accurately depict all income received which is attributable to the project including cash and in-kind donations, if any.
d. Establish an accounting system which will adequately depict final total costs of the project, including Grant management costs.
3. Project Participant Records. The Grantee is required to establish and maintain participant records, which must include, at minimum:
a. Project participant proposals (denied, approved, and removed). b. Initial participant surveys and survey updates.
c. Unique identifier that links each project to its corresponding project and associated cost.
4. The Grantee shall retain a combined file for the Project containing:
a. A copy of the fully executed Grant Agreement and exhibits, as well as any amendments to the Grant Agreement, if applicable.
b. A copy of the Project Implementation Plan and all its parts. c. Copies of the Grantee’s Grant Disbursement Request Forms and associated back-up documentation.
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d. Documentation of all expenditures, including timesheets and earned interest generation and expenditure (see Section F.7 for more information).
e. Written, digital and electronic (including email) communications between the PCB Administrator and the Grantee, communications between CARB and the Grantee, communications between the Grantee Representatives and the Grantee, (where included or part of the communication) all communications between the PCB Administrator and the Grantee Representatives, and (where included or part of the communication) all communications between the CARB and the Grantee Representatives.
f. Copies of all deliverables from the Grantee, except as otherwise determined by the PCB Administrator, including but not limited to Status Reports, Annual Data Reports, and the Final Status Report. g. Copies of any decision that CARB or the PCB Administrator has made in support of the Project such as minor changes in Project scope, changes in timeline, or line-item shifts.
h. Data that has been collected during the implementation of the Project. i. Any documents, files, or webpages that have been created to support the Project or Program.
j. Presentations, pamphlets, posters, videos, or other electronic media used to support the Project or Program.
k. Records, contracts, subcontracts, statements of work, work products, and invoices from or with the Grantee Representatives.
l. All other information that adequately documents all significant actions related to the Project.
5. All Project records must be retained for a period of five years after termination or expiration of the Grant, whichever occurs first. Upon completion of the fifth year of record retention, the Grantee shall submit all remaining Project records to the PCB Administrator that have not previously been requested or turned over to the PCB Administrator. Hardcopy or electronic transfer of electronic records are suitable. Acceptable forms of electronic media include hard drives and flash drives shall be provided. Other forms of electronic media may be allowed based on prior written concurrence from the PCB Administrator.
6. All Project records are subject to audit pursuant to the audit provisions of this Grant Agreement.
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L. INTELLECTUAL PROPERTY
1. Any webpage(s), software, databases, project data, or other intellectual property developed, licensed, or purchased by the Grantee with any Grant Funds shall be transferred and permanently assigned to CARB or, the PCB Administrator , or at CARB’s sole discretion, to a new third party administrator/grantee selected by CARB if the Grant Agreement is terminated, cancelled, or expires, or if the Grantee is replaced by a different grantee to manage the Project. It will be the Grantee’s responsibility to immediately turn over this property and information to CARB or the PCB Administrator no later than 10 business days prior to the termination, cancellation, or expiration of this Grant Agreement (whichever is sooner) and provide all reasonable and necessary assistance needed to ensure a smooth transition in accordance with the Project Transition Plan.
M. GRANT ACKNOWLEDGEMENT
Where applicable, the Grantee agrees to acknowledge the California Climate Investments program and CARB as a funding source for the project, as outlined in the California Climate Investments Messaging and Communications Guide.3 Below are specific requirements for acknowledgement.
The Grantee agrees to include the California Climate Investments funding boilerplate language and California Climate Investments and CARB logos on all outreach and public facing materials whenever projects funded, in whole or in part by this Agreement, are publicized in any news media, websites, brochures, publications, audiovisuals, or other types of promotional material. Guidelines for the usage of the California Climate Investments logo can be found at
http://www.caclimateinvestments.ca.gov/logo-graphics-request.
The acknowledgement must read as follows: ‘[PROGRAM/PROJECT NAME] is part of California Climate Investments, a statewide initiative that puts billions of Cap-andTrade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment — particularly in disadvantaged communities.’ And when applicable, the Spanish translation acknowledgement must read as follows: ‘[NOMBRE DEL PROGRAMA/PROYECTO] forma parte de las Inversiones del Clima de California, una iniciativa estatal que destina miles de millones de dólares de Cap-and-Trade para la reducción de gases de efecto invernadero, fortalecimiento de la economía y mejoramiento de la salud pública y el medio ambiente – especialmente en comunidades en desventaja.’ The California Climate Investments logo and name serves to bring under a single brand the many investments whose funding comes from the Greenhouse Gas 3 California Climate Investments Communications Guide
http://www.caclimateinvestments.ca.gov/logo-graphics-request Item 25.
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Reduction Fund (GGRF). The logo represents a consolidated and coordinated initiative by the State to address climate change by reducing greenhouse gases, while also investing in disadvantaged communities and achieving many other cobenefits.
The Grantee agrees to adhere to the Board’s logo usage requirements in a manner directed by CARB. CARB logos shall be provided to the Grantee by CARB Project Liaison. The CARB logo is a visual representation of our air environment. The arcs represent: the different elements that make up the air we breathe, the protection of our atmosphere and the efforts we take to protect the health of Californians, the collaboration of multiple stakeholders all moving in the same direction together, and innovation with the arcs all growing and changing.
N. CONFIDENTIALITY AND DATA SECURITY
1. Except as required by applicable law, or as otherwise expressly authorized by this Grant Agreement, the Grantee shall not disclose to any third party any record, data, or information which CARB or the PCB Administrator has designated as confidential. It is expressly understood and agreed that information the Grantee collects, generates, or acquires in performing its obligations under this Grant may be deemed confidential by CARB or the PCB Administrator. Therefore:
a. Rights to Data: The Grantee acknowledges, accepts and agrees that as between the Grantee and Grantor, all rights, including all intellectual property rights, in and to PII, data, information, documentation, and materials shall remain the exclusive property of the Grantor, and the Grantee has a limited, non-exclusive license to access and use said information solely for performing its obligations under the Grant Agreement. Nothing herein shall be construed to confer any license or right to said PII, data, documentations, materials, or information, including user tracking and exception data, by implication, estoppel, or otherwise, under copyright or other intellectual property rights, to any third party. Unauthorized use of said information by the Grantee or Item 25.
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Grantee’s Representatives is prohibited. For the purposes of this requirement, the phrase “unauthorized use” means the data mining or processing of data stored or transmitted by the Grantee or any of the Grantee Representatives for unrelated or commercial purposes, advertising or advertising-related purposes, or any other purpose other than security or service delivery analysis that is not explicitly authorized by the Grantor.
b. The Grantee certifies that it has appropriate systems and controls in place to ensure that the Project and Grant Funds will not be used for the acquisition, operation, or maintenance of computer software in violation of copyright or other intellectual property laws.
c. Information or data, including but not limited to PII and all records and supporting documentation that personally identifies or describes an individual or individuals is confidential in accordance with California Civil Code sections 1798, et seq. and other relevant state or federal statutes and regulations. During the Term, in the performance of any of the terms or conditions of this Grant, the Grantee shall safeguard all such information, records, applications, PII, and data which comes into its possession or control in perpetuity, and shall not release or publish any such information, records, data, or application records without first obtaining in each instance the advance written approval of an authorized representative of CARB.
d. The Grantee must ensure that the Grantee Representatives are informed of the confidential nature of any shared information or data and ensure by written agreement that such individuals and entities are prohibited from copying, revealing, or utilizing such information or data (or any parts thereof) for any purpose other than in compliance with applicable laws and in fulfillment of this Grant and are precluded from taking any action otherwise prohibited under any provision of this Grant or applicable laws.
e. The Grantee and the Grantee Representatives must adhere to all CARB confidentiality, disclosure, and privacy policies.
f. If the Grantee suspects loss or theft of PII or other confidential information, the Grantee must report any lost or stolen PII, including all information, data, or equipment developed or collected pursuant to this Grant, to the PCB Administrator immediately and report to state or federal officials where required by applicable laws.
g. The Grantee must sign all non-disclosure and confidentiality agreements provided by the PCB Administrator and shall require the Grantee Representatives that are supporting the Grant Agreement or Item 25.
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are paid with any Grant Funds, in whole or in part, to do the same when requested by the PCB Administrator.
h. The Grantee agrees to immediately notify the PCB Administrator, and, where required by applicable law, state or federal officials, of any security incident involving suspected or actual release or breach of any information system, servers, data, or any other information developed or collected pursuant to this Grant. The Grantee agrees that CARB and the PCB Administrator have the right to participate in the investigation of a security incident involving such suspected or actual release or breach or conduct its own independent investigation and that the Grantee shall cooperate fully in such investigations.
i. The Grantee agrees that it shall be responsible for all costs incurred by it and by CARB and the PCB Administrator due to a security incident resulting from any act or omission of the Grantee or any of its Representatives, including any acts or omissions resulting in an unauthorized disclosure, release, access, review, or destruction of data or information; or loss, theft, or misuse of information or data developed or gathered pursuant to this Grant. If applicable law requires, or if CARB or the PCB Administrator determines, that notice to the individuals whose data has been lost or breached is needed, then the Grantee shall provide all such notification and will bear any and all costs associated with the notice or any mitigation selected by CARB or the PCB Administrator. These costs include, but are not limited to, staff time, material costs, postage, media announcements, credit monitoring for impacted individuals, and other identifiable costs associated with the breach or loss of data.
j. If the Grantee believes disclosure of a confidential record or information may be required under the California Public Records Act, the Grantee shall first give the PCB Administrator at least ten calendar days advance written notice prior to any planned disclosure so that CARB can seek, solely at CARB’s discretion, an order preventing disclosure from a court of competent jurisdiction. The Grantee agrees that it shall immediately notify and work cooperatively with CARB to respond timely and correctly to any and all public records requests. The Grantee agrees that it will not challenge or authorize or endorse any challenge to any action or request by CARB to obtain a protective order or court order to prevent the release of any information.
k. The Grantee assumes all responsibility and liability for the security and confidentiality of PII, sensitive and confidential information, and data under its jurisdiction or control.
l. The Grantee certifies, represents, and warrants that:
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i. Its data and information security standards, tools, technologies, and procedures are sufficient to protect confidential, sensitive and PII data and information.
ii. The Grantee is in compliance and shall remain in compliance at all times during the Grant Term with the following requirements and obligations:
1. The California Information Practices Act (Civil Code Sections 1798 et seq.);
2. California State Administrative Manual 5350.1 and
California Statewide Information Management Manual
5305-A pertaining to encryption of confidential, sensitive, and/or PII information or data;
3. Current NIST special publications 800-171 Protecting Controlled Unclassified Information in Nonfederal
Information Systems and Organizations. Third party audit results and the Grantee’s plan to correct any negative
findings shall be made available to CARB upon request;
4. Undergo an annual Statement on Standards for Attestation Engagements (SSAE) No. 16 Service Organization Control
(SOC) 2 Type II audit. Third party audit results and the Grantee’s plan to correct any negative findings and
implementation progress reports shall be made available to CARB upon request;
5. Privacy provisions of the Federal Privacy Act of 1974; and
6. Compliance with industry standards and guidelines
applicable to the work performed under the Grant.
Relevant security provisions may include but are not
limited to: Health Insurance Portability and Accountability Act of 1996, IRS 1075, Health Information Technology for Economic and Clinical (HITECH) Act, Criminal Justice
Information Services (CJIS) Security Policy, Social Security Administration (SSA) Electronic Information Exchange
Security Requirements, and the Payment Card Industry
(PCI) Data Security Standard (DSS) as well as their
associated Cloud Computing Guidelines.
O. INSURANCE REQUIREMENTS
The Grantee must comply with all requirements outlined in the (1) General Provisions section and (2) Insurance Requirements section below. No payments of Grant Funds Item 25.
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will be made under the Grant until and unless the Grantee fully complies with all insurance requirements.
1. General Insurance Provisions
a. Coverage Term: Coverage needs to be in force for the complete Term of the Grant. If insurance is set to expire during the Term of the Grant, a new certificate must be received by the State at least ten days prior to the expiration of this insurance. Any new insurance must comply with the original Grant terms.
b. Policy Cancellation or Termination and Notice of Non-Renewal: The Grantee is responsible to notify the State within five business days of any cancellation, non-renewal, or material change that affects required insurance coverage. New certificates of insurance are subject to the approval of the Department of General Services and the Grantee agrees no work or services will be performed prior to obtaining such approval.
In the event that the Grantee fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate the Grant upon the occurrence of such event, subject to the provisions of the Grant.
c. Premiums, Assessments, and Deductibles: The Grantee is responsible for any premiums, policy assessments, deductibles, or self-insured retentions contained within their insurance program.
d. Primary Clause: Any required insurance contained in the Grant shall be primary, and not excess or contributory, to any other insurance carried by the State.
e. Insurance Carrier Required Rating: All insurance companies must carry an AM Best rating of at least “A–” with a financial category rating of no lower than VI. If the Grantee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.
f. Endorsements: Any required endorsements requested by the State or required in this Grant Agreement must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.
g. Inadequate Insurance: Inadequate or lack of insurance does not negate the Grantee’s obligations under the Grant.
h. Use of Contractors, Consultants, or Subcontractors: In the case of the Grantee’s utilization of contractors, consultants, or subcontractors to complete any part of the Grant scope of work, the Grantee shall include all contractors, consultants, and subcontractors as insureds under the Item 25.
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Grantee’s insurance or supply evidence of the contractor’s, consultant’s, or subcontractor’s insurance to the State equal to the policies, coverages, and limits required of the Grantee.
2. Grant Insurance Requirements. The Grantee shall display evidence of the following on a certificate of insurance, which includes all the required endorsements, including additional insured endorsements and waiver of subrogation/right to recover endorsements. Failure to provide the certificates upon request will result in the termination of the Grant. The following coverages must be evidenced on the certificates of insurance:
a. Commercial General Liability: The Grantee shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. Recipients shall maintain general liability on an occurrence form with limits not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. A “per project aggregate” endorsement is required. The policy shall include coverage for liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract or grant. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee’s limit of liability. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Grant Agreement, each insurance policy must name “Data for Social Good, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Grant Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must also be attached to the certificate. b. Automobile Liability: If the Grantee will be using vehicles to complete the Project or driving a vehicle onto State property, automobile liability insurance is required. Compliance of automobile liability is required upon procurement of the vehicles. The Grantee shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired, and non-owned motor vehicles. At the request of CARB or the PCB Administrator, the Grantee must show proof of automobile liability. Failure to provide proof upon request will result in the termination of the Grant. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Grant Agreement, each insurance policy must name Item 25.
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“Data for Social Good, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Grant Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must also be attached to the certificate.
i. In the event that the Fleet Owner maintains business automobile liability insurance, the insurance policy must name “Data for Social Good, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by endorsement that states the names exactly as stated above in this Grant Agreement. A blanket additional insured endorsement is not acceptable.
ii. By signing the Grant Agreement, the Grantee certifies that the Grantee and any employees, subcontractors, or servants possess valid automobile coverage in accordance with California Vehicle Code Sections 16450 to 16457, inclusive. The State reserves the right to request proof at any time.
c. Workers Compensation and Employers Liability: The Grantee shall maintain statutory worker’s compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Grant. In addition, employer’s liability limits of $1,000,000 are required. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must be attached to the certificate. d. Crime Insurance: Crime insurance requirements are negotiable at CARB’s sole discretion. At a minimum, the maximum amount of funding that the Grantee will have on hand at any time should be covered.
Coverage shall include but not be limited to employee dishonesty, theft, forgery or alteration, and inside/outside money and securities coverages including first- and third-party theft for State-owned or leased property in the care, custody, and/or control of the Grantee. The policy shall include as loss payee, Data for Social Good, the State of California, California Air Resources Board. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Grant Agreement, each insurance policy must name “Data for Social Good, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Grant Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Item 25.
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Subrogation or Right to Recover endorsement in favor of the State of California must also be attached to the certificate.
e. Non-Profit Organization with Volunteers Only (applicable to non-profit organizations only): A Volunteer Accident Insurance Policy with a limit not less than $1,000,000. The policy shall contain a waiver of subrogation in favor of the State of California, if such endorsement is available in the open market. Said policy shall be issued by an insurance company with a rating which is acceptable to the Department of General Services, Office of Risk and Insurance Management. The PCB Administrator in consultation with CARB reserves the right to review and adjust insurance requirements as necessary during the Grant Term. f. Cyber Liability coverage, with limits not less than $1,000,000 per occurrence or claim: Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Grantee in the Grant Agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security. The policy shall provide coverage for breach response costs, regulatory fines, and penalties, as well as credit monitoring expenses. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the state of California in the care, custody, or control of the Grantee. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Grant Agreement, each insurance policy must name “Data for Social Good, the State of California, the California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Grant Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must also be attached to the certificate.
g. Professional Liability (Errors and Omissions): Insurance appropriate to the Grantee’s profession, with limit no less than $2,000,000 per occurrence or claim and $5,000,000 aggregate. For any work or activity performed or carried out in whole or in part using Grant Funds or to carry out any term or condition of this Grant Agreement, each insurance policy must name “Data for Social Good, the State of California, the Item 25.
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California Air Resources Board, and each of its and their officers, agents, and employees as additional insureds” by an endorsement that states the names exactly as stated above in this Grant Agreement. A blanket additional insured endorsement is not acceptable. A Waiver of Subrogation or Right to Recover endorsement in favor of the State of California must also be attached to the certificate.
h. Self-insurance: If the Grantee has elected to be self-insured it must receive approval of its self-insurance program from the DGS Office of Risk and Insurance Management (ORIM). To obtain ORIM approval, the Grantee must submit the following documents to ORIM.
i. Workers’ Compensation: The Grantee will provide a copy of its Certificate of Consent to Self-Insure from the Department of Industrial Relations.
ii. All Other: The Grantee’s Risk Manager, or comparable position holder, shall provide a written description of the plan including what is covered, what is not covered, identify the financial limits of the plan, and identify the source of funds for financing the plan.
Provide the firm’s most recent audited annual financial statement including all accounting letters. The report must show the firm’s owner’s equity of at least $5,000,000 and annual profit of at least $500,000.
Provide a signed written statement from the firm’s CPA confirming the annual net profit for each of the prior 4 years has been at least $500,000.
P. GENERAL PROVISIONS
1. Alternative Enforcement. The remedies set out in this Grant Agreement are contractual in nature. Nothing stated in this Grant Agreement in any way limits, prevents, or precludes the State of California from taking any enforcement action, exercising any police power, or prosecuting any violation of law.
2. Americans with Disabilities Act (ADA) Language. The Grantee must ensure that all products and services submitted to, uploaded, or otherwise provided to or funded by CARB or made available to the public by the Grantee and/or its Representatives, including but not limited to data, software, plans, drawings, specifications, reports, operating manuals, notes, and other written or graphic work prepared in the course of performance of this Grant (collectively, the “Work”), comply with Web Content Accessibility Guidelines 2.0, levels A and AA, and otherwise meet the accessibility requirements set forth in California Government Code Sections 7405 and 11135, Section 202 of the federal Americans with Disabilities Act (42 U.S.C. § 12132), and Section 508 of the federal Rehabilitation Act (29 U.S.C. § 794d) and the regulations promulgated thereunder (36 C.F.R. Part 1194) (collectively, the “Accessibility Item 25.
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Requirements”). For any Work provided to CARB or the public in PDF format, the Grantee, along with its Representatives, shall also provide an electronic version in the original electronic format (for example, Microsoft Word or Adobe InDesign). The PCB Administrator may request from the Grantee documentation of compliance with the requirements described above and may perform testing to verify compliance. The Grantee agrees to respond to and resolve any complaint brought to its attention regarding accessibility of materials provided under this Grant Agreement.
The Grantee must bring into compliance any Work by the Grantee or its Representatives not meeting the Accessibility Requirements. If the Grantee fails to bring the Work into compliance with the Accessibility Requirements within five business days of issuance of written notice from the PCB Administrator, or within the time frame specified by the PCB Administrator in its written notice, then the Grantee will be responsible for all costs incurred by CARB or the PCB Administrator in bringing the Work into compliance with the Accessibility Requirements. The Grantee agrees to respond to and resolve any complaint brought to its attention regarding accessibility of deliverables provided under this Grant Agreement for a period of one year following delivery of the final deliverable under this Grant Agreement.
Deviations from the Accessibility Requirements are permitted only by advance written consent by CARB in each instance.
3. Assignment. This Grant is not assignable, either in whole or in part, by the Grantee without the advance written consent of CARB or the PCB Administrator in the form of a formal written amendment signed by authorized representatives of both Parties.
4. Assurances. CARB or the PCB Administrator reserves the right, but not the obligation, to seek further written assurances from the Grantee and any of its Representatives that the work performed under this Grant Agreement will be performed consistent with the terms and conditions of this Grant Agreement.
5. Audit. The Grantee agrees that CARB, the PCB Administrator, the California Department of General Services, California Department of Finance, the California State Auditor, the California Bureau of State Audits, and any of their respective designated representatives shall have the right to review and copy any records and supporting documentation pertaining to the performance of this Grant Agreement and all Grant Funds received or expended. The Grantee agrees to maintain such records for a possible audit for a minimum of five years from the date of termination, cancellation, or expiration of this Grant Agreement or for 5 years after a funded incentive activity has concluded, whichever is later. The Parties may stipulate to a longer records retention period. The Grantee agrees to allow such CARB and other state designated Item 25.
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representatives (including auditors) access to such records during normal business hours and to allow interviews of any and all Representatives who might reasonably have information related to such records. Furthermore, the Grantee agrees to include in all agreements with Representatives language identical to or similar to this paragraph to ensure CARB has the ability and right to audit records and conduct interviews of any and all Representatives in relation to performance or use of the Grant Funds under this Grant Agreement.
6. Authority. Each person executing this Grant Agreement on behalf of a Party represents that he or she is duly authorized to execute and deliver this Grant Agreement on the Party’s behalf.
7. Availability of Funds. The Grantee acknowledges, agrees, and understands that the Grantor’s obligations under this Grant Agreement are contingent upon the availability of funds. In the event funds are not available, the State shall have no liability and no obligation to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Grant Agreement or for any other reason.
8. CARB as Third-Party Beneficiary. The Grantee and all Representatives acknowledge, agree, accept, and understand that CARB is a third-party beneficiary to all written agreements entered into by or between the Grantee or Representatives and all third parties where Grant Funds are used for payments under such written agreements.
9. Compliance with Law. The Grantee agrees that it will, at all times, comply with, and require its Representatives to comply with, all applicable federal, state, and local laws, rules, guidelines, regulations, and requirements during the Term.
10.Conflict of Interest. Government Code Section 87104 prohibits public officials of CARB, which includes any member, officer, employee, or consultant of a CARB advisory body, from making a formal or informal appearance before, or oral or written communication to, CARB for the purpose of influencing a decision by CARB on a grant or other entitlement for use, such as a contract, loan, license, or permit. Prohibited communications include grant applications, letters, emails, phone calls, meetings, or any other form of oral or written communication within or outside of a public committee meeting with CARB or CARB staff for the purpose of influencing a CARB decision on an application for funding submitted to CARB. A knowing or willful violation of this section may result in a member being guilty of a misdemeanor and fined up to $10,000 or three times the amount of an amount unlawfully received. If a court determines a violation occurred and that the official action might not otherwise have been taken or approved if not for the prohibited communication, the Grant may be voided. (See Gov. Code §§ 91000, 91003.) Item 25.
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For this reason, CARB officials, including but not limited to advisory body members, also may not be a signatory or administrator on a grant application, or on any resulting grant agreement. Such individuals should not be listed on the grant application except as necessary to show their role in the organization.
Note that an advisory body member's organization may continue to be eligible for a grant. However, the grant must not follow any communications for purposes of influence by the advisory body member on CARB's decision on that grant agreement. Additionally, that organization would need to identify a different member of the organization to sign or be the administrator for any applications and awarded grants.
Please also note that applications from organizations affiliated with CARB Board members may require additional review and Board approval. Although CARB will make every effort to obtain required review and approval in a timely manner, this may delay grant execution and/or distribution of funds.
The Grantee certifies that it, along with its officers, directors, and employees, complies with applicable state and federal conflict of interest laws at the time it enters into this Grant Agreement and shall remain in compliance with all such laws during the Term of this Grant Agreement. The Grantee, and its officers, directors, and employees, may have no interest, and shall not acquire any interest, direct or indirect, which will conflict with its ability to impartially perform under, or complete the tasks described in, this Grant Agreement. The Grantee must disclose any direct or indirect financial interest or situation which may pose an actual, apparent, or potential conflict of interest with the Grant Agreement duties throughout the Grant Agreement Term. CARB may consider the nature and extent of any actual, apparent, or potential conflict of interest in the Grantee’s ability to perform the Grant Agreement. The Grantee must immediately advise CARB in writing of any potential new conflicts of interest that occur or may occur during the Grant Agreement Term.
11.Construction. This Grant Agreement shall not be construed more strongly against either Party regardless of who is more responsible for its preparation.
12.Cumulative Remedies. The rights and remedies of the Parties to this Grant Agreement, whether pursuant to this Grant Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy.
13. Disadvantaged Communities. The Grantee, for the purposes of this Program and the Project, will designate disadvantaged communities, as identified by CalEnviroScreen 4.0. The identified disadvantaged community census tracts are available at: https://oehha.ca.gov/calenviroscreen/report/calenviroscreenItem 25.
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40. 14.Disputes. The Grantee shall continue with the responsibilities under this Grant Agreement during any dispute between the Grantee and the PCB Administrator, unless otherwise directed by CARB. Grantee staff or management will work in good faith with the PCB Administrator staff and management to resolve any disagreements or conflicts arising from implementation of this Grant Agreement. However, any disagreements that cannot be resolved at the management level within 30 days of when the issue is first raised with PCB Administrator staff shall be subject to final resolution by the CARB Executive Officer, or the Executive Officer’s designated representative, in the Executive Officer’s sole discretion. Nothing contained in this paragraph is intended to limit any of the rights or remedies that the Parties may have under law.
15.Electric Vehicle Charging Infrastructure and Equipment. a. Prior to executing agreements with the Grantee’s Representatives, the Grantee must ensure the following requirements are included in all agreements pursuant to this Grant:
i. Prior to authorizing work, a Representative that is provided any funds to install electrical charging equipment for use by on-road transportation vehicles must require both of the following:
1. An AB 841 Certification that certifies the project will comply with all Assembly Bill 841 (Ting, Chapter 372,
Statutes 2020) ("AB 841)” requirements or describes why the AB 841 requirements do not apply to the project. The certification shall be signed by the sub-grantee’s
authorized representative; and
2. EVITP Certification Numbers of each Electric Vehicle Infrastructure Training Program-certified electrician that will install electric vehicle charging infrastructure or equipment.
ii. Evidence, such as Certification Numbers, is not required to be obtained by the Grantee if AB 841 requirements do not apply to a project.
iii. Prior to remitting payment to any project partner, the Grantee is responsible for collecting all AB 841 Certifications to ensure the project did comply with all AB 841 (requirements and shall retain Certification Numbers in accordance with the Grantee’s records retention schedule.
iv. These electric vehicle requirements do not apply to any of the Item 25.
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following:
1. Electric vehicle charging infrastructure installed by employees of an electrical corporation or local publicly owned electric utility,
2. Electric vehicle charging infrastructure funded by moneys derived from credits generated from the Low Carbon Fuel Standard Program (Sub article 7 (commencing with Section 95480) of Article 4 of Subchapter 10 of Chapter 1 of
Division 3 of Title 17 of the California Code of Regulations), and
3. Single-family home residential electric vehicle chargers that can use an existing 208/240-volt outlet.
16.Entitlements and Regulatory Compliance. The Grantee agrees to comply with all applicable laws, ordinances, regulations, and standards in its performance under this Grant Agreement, including obtaining, where needed or required by law, any permits or approvals necessary to undertake the activities funded by the Grant Funds, and complying with all environmental review requirements associated with such activities.
17.Environmental Justice. In the performance of this Grant Agreement, the Grantee shall 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, genders, cultures, and income levels, including minority populations and low-income populations, of the State of California. Equal access includes, but is not limited to, ensuring language barriers are fully addressed to the satisfaction of CARB or the PCB Administrator and as otherwise required by local, state, and federal laws.
18.Equipment/Vehicle Ownership. Equipment, acquired by the Grantee or any of the Grantee’s Representatives, is defined as having a useful life of at least one year from the date of purchase, having an acquisition unit cost of at least $5,000, and purchased with CARB funds. Equipment means any products, objects, vehicles, computers, software, hardware, licenses, vessels, engines, machinery, apparatus, implements, or tools purchased, used, or constructed within the Term. CARB, within its discretion, may elect to determine the normal useful life of such Equipment. All such Equipment shall be used solely for the purposes of carrying out the obligations of this Grant Agreement during the Term. If requested by CARB, the Equipment shall be returned to CARB upon cancellation, termination, or expiration of this Grant Agreement, whichever occurs first, and CARB shall solely determine the future use of all Equipment.
Upon completion of the Grant Term, Equipment not requested for return to Item 25.
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CARB shall be utilized by the Grantee for the benefit of the community the Grantee serves, without further involvement by CARB.
19.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 contracts and grants with, and to refrain from entering any new contracts and grants with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine the Grantee or any of the Grantee Representatives is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of the Grant Agreement or return of all Grant Funds. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
20.Force Majeure. Neither CARB, the PCB Administrator, nor the Grantee are liable for or deemed to be in default for any delay or failure in performance under this Grant Agreement or interruption of services resulting, directly or indirectly, from acts of God, civil unrest, war, fire, flood, earthquakes, or other physical natural disasters. If either Party intends to invoke this clause to excuse or delay performance, the Party invoking the clause must provide written notice to the other Party immediately of the intent to invoke the clause and the reasons why the force majeure event is preventing that Party from, or delaying that Party in, performing its obligations under this Grant Agreement. CARB or the PCB Administrator may terminate this Grant Agreement immediately, in writing and without penalty, in the event the Grantee invokes this clause, in which case the Grantee shall immediately return all remaining Grant Funds to CARB or a CARB designee, cease all expenditure of Grant Funds, and turn over all documents, records, deliverables, intellectual property, and other information in relation to this Grant Agreement.
If the Grant Agreement is not terminated by CARB or the PCB Administrator pursuant to this clause, upon completion of the force majeure event, the Grantee must immediately recommence the performance of its obligations under this Grant Agreement. The Grantee must also provide to the PCB Administrator a written proposal to revise the Project Schedule, inclusive of anticipated major milestones and timeframes for expending remaining Grant Funds, while minimizing the effects of the delay caused by the force majeure event.
An event of force majeure does not relieve a Party from any of its obligations Item 25.
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which arose before the occurrence of the force majeure event nor is any Party relieved from those obligations which survive termination or cancellation of the Grant Agreement.
21.Funding Prohibitions for Sectarian Purposes and Non-public Schools. The Grantee may use or authorize the use of CARB-provided funds only in any manner that is consistent with applicable laws, including California Constitution, article XVI, section 5; article IX, section 8; and federal law. CARB reserves the right to obtain additional information from the Grantee and others to determine compliance with California Constitution, article XVI, section 5 and article IX, section 8. Failure to provide any requested information may result in denial of Grant Funds, or termination of this Grant Agreement or any other agreements.
22.Governing Law and Venue. This Grant Agreement is governed by, and shall be interpreted in accordance with, the laws of the State of California. CARB, the PCB Administrator, and the Grantee hereby agree that any action arising out of this Grant Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Grant Agreement.
23.Grantee’s Responsibility for Work. The Grantee shall be responsible for all work performed pursuant to this Grant Agreement, including but not limited to work performed by any of the Grantee’s Representatives. The Grantee shall be responsible for any and all disputes arising out of its contract for work performed in relation to, as a result of, or as a consequence of this Grant Agreement, including but not limited to payment disputes with any of the Representatives. CARB and the PCB Administrator will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work performed pursuant to this Grant Agreement. a. Upon request, the Grantee will provide the PCB Administrator copies of fully executed agreements with any and all Representatives. The PCB Administrator may request them during, and for a period of five years after the end of, the Grant Term and the Grantee agrees to provide them within 30 calendar days of such request. For agreements that are listed as “to be determined” in the Budget, the Schedule, or elsewhere in any attachment to this Grant Agreement, the Grantee must submit a written justification to the PCB Administrator, identifying the Representative and specific items of cost expected to be incurred by that Representative, which in each instance shall be subject to advance approval by the PCB Administrator. In addition, the Grantee must have a fully executed subcontract before the subcontractor can incur any costs Item 25.
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for which the Grantee will seek reimbursement.
b. The Grantee is required, where feasible, to employ best contracting and procurement practices that promote open competition for all goods and services. The Grantee shall obtain price quotes from an adequate number of sources for all subcontracts.
c. Upon request, the Grantee will provide the PCB Administrator a copy of all solicitations for services or products used or needed to carry out the terms of this Grant Agreement, including copies of the proposals or bids received.
d. The Grantee is responsible for handling all contractual and administrative issues arising out of or related to any agreements it enters into with any of its Representatives. Nothing contained in this Grant Agreement or otherwise creates any contractual relation between CARB and the PCB Administrator and any of the Grantee’s Representatives, and no agreement may relieve the Grantee of its responsibilities under this Grant Agreement. The Grantee is solely liable and responsible for the acts and omissions of its Representatives or persons directly or indirectly employed by any of them.
e. The Grantee’s obligation to pay its Representatives is an independent obligation from the PCB Administrator’s obligation to make payments to the Grantee. As a result, the PCB Administrator has no obligation to pay or enforce the payment of any funds to any of the Grantee Representatives. The Grantee is responsible for establishing and maintaining contractual agreements with and reimbursing each of the Grantee Representatives for work performed in accordance with the terms of this Grant Agreement.
f. All agreements with the Grantee Representatives must, at a minimum, incorporate all of the following:
i. A clear and accurate description of the material, products, or services to be procured.
ii. A detailed budget and timeline.
iii. Provisions that allow for administrative, contractual, or legal remedies in instances where subcontractors violate or breach contract terms and provisions for such sanctions and penalties as may be appropriate.
iv. Provisions for termination by the Grantee, including termination procedures and the basis for settlement.
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v. A statement that further assignments will not be made to any third or subsequent tier subcontractor without additional advance written consent of the PCB Administrator.
vi. Language conforming to all of the General Provisions of this Grant Agreement.
g. Without limiting any of CARB’s or the PCB Administrator’s other remedies, failure to comply with the above requirements is a material breach of this Grant Agreement and grounds for termination.
24.Indemnification. The Grantee agrees to indemnify, defend, and hold harmless Data for Social Good, the State of California, CARB, and CARB officers, Board members, employees, agents, representatives, and successors-in-interest against, for and from any and all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, arising out of, resulting from, or related to any actions or inactions of the Grantee or any of its Representatives, including but not limited to actions or inactions relating to, arising out of, or resulting from the operation, design, or manufacture of any equipment, vessels, vehicles, or engines purchased, acquired, developed, modified, or used with Grant Funds, in whole or in part.
25.Independent Actor. The Grantee and its Representatives, if any, in their/its performance of this Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State of California or CARB.
26.Nondiscrimination. During the performance of this Grant Agreement, the Grantee, its Representatives, and each of their/its respective contractors, subcontractors, consultants, and agents shall ensure that no person is, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age (40 or over), mental disability, physical disability, medical condition, genetic information, marital status, veteran or military status, or sexual orientation, unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered under this Grant Agreement or funded with Grant Funds. In addition:
a. During the performance of this Grant Agreement, the Grantee, its Representatives, and each of their/its respective contractors, subcontractors, consultants, and agents shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment, because of race, religious creed, color, national origin, ethnic group identification, ancestry, physical disability, mental disability, reproductive health decision-making (e.g. family-care leave, medical-care leave, or pregnancy-disability leave), medical condition, Item 25.
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genetic information, marital status, sex, gender, gender identity, gender expression, age (40 or over), sexual orientation, or veteran or military status, nor shall the Grantee, its Representatives, or any of their/its respective contractors, subcontractors, consultants, or agents refuse to hire or employ any person or refuse to select any person for a training program leading to employment, or bar or discharge any person from employment or from a training program leading to employment, or discriminate against any person in compensation or in terms, conditions, or privileges of employment because of race, religious creed, color, national origin, ethnic group identification, ancestry, physical disability, mental disability, reproductive health decision-making (e.g. family-care leave, medical-care leave, or pregnancy-disability leave), medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 or over), sexual orientation, or veteran or military status.
b. The Grantee, its Representatives, and their/its respective contractors, subcontractors, consultants, and agents shall ensure that the evaluation and treatment of all persons receiving or applying for Grant Funds or participating in any Grant programs, projects, or activities, along with all respective employees and applicants for employment, are free of such discrimination and harassment.
c. The Grantee, its Representatives, and their/its respective contractors, subcontractors, consultants, and agents shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code section 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, title 2, section 10000 et seq.). The applicable regulations (California Code of Regulations, title 2, section 11000 et seq.) of the Civil Rights Council are incorporated into this Grant Agreement by reference and made a part hereof as if set forth in full.
d. The Grantee, its Representatives, and their/its respective contractors, subcontractors, agents, and consultants shall give written notice of their respective obligations under this clause to labor organizations with which any may have a collective bargaining or other agreement. e. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts, subcontracts, and agreements where work is performed to fulfill any term or condition of this Grant Agreement.
f. The Grantee acknowledges, accepts, and understands that, pursuant to Gov. Code section 11136, whenever CARB or the PCB Administrator has Item 25.
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reasonable cause to believe that the Grantee or any of its contractors, subcontractors, consultants or agents has violated any of the provisions of Gov. Code section 11135 or section 12900 et seq., or any of the provisions of Civil Code sections 51, 51.5, 51.7, 54, 54.1, or 54.2, or any regulation adopted to implement these sections or Article 1 (commencing with Gov. Code section 12960) of Chapter 7 of the Government Code, then CARB will notify the Grantee or, where applicable, the contractor, subcontractor, consultant, or agent, of such alleged violations and will submit a complaint detailing the alleged violations to the Civil Rights Department for investigation and determination pursuant to Gov. Code section 12960 et seq. g. Furthermore, the Grantee acknowledges the existence and application of CARB’s Civil Rights Policy found at https://ww2.arb.ca.gov/californiaair-resources-board-and-civil-rights.
27.Notice.
a. Any notice, demand, request, consent, or approval that either Party desires or is required to give to the other Party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means:
i. By delivery in person.
ii. By certified U.S. mail, return receipt requested, postage prepaid. iii. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.
iv. By electronic means.
b. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective seven (7) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the overnight delivery service. Notices sent electronically will be effective on the date of transmission, where it is documented in writing. Notices shall be sent to the persons and addresses set forth in Section C of this Grant Agreement. Either Party may, by written notice to the other, designate a different address that shall be substituted for the names of persons identified under Section C of this Grant Agreement.
28.No Third-Party Rights. The existence of this Grant Agreement does not create, and nothing stated in this Grant Agreement creates rights in or grants Item 25.
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remedies to, any third party or third parties as a beneficiary or beneficiaries of this Grant Agreement, or of any duty, covenant, obligation, or undertaking established herein.
29.Office of Foreign Asset Control. The Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy, or economy of the United States. OFAC publishes lists of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries. It also lists individuals, groups, and entities, such as terrorists and narcotics traffickers, designated under programs that are not country-specific. These lists can be found at: https://home.treasury.gov/policyissues/office-of-foreign-assets-control-sanctions-programs-and-information.
The Grantee represents, warrants, and agrees that neither the Grantee nor any of its Representatives are in violation of any federal law or laws pertaining to any entity or individual listed on any of the OFAC lists. Unless otherwise authorized or exempt, transactions by U.S. persons or in the United States may be or are prohibited if they involve transferring, paying, exporting, withdrawing, or otherwise dealing in the property or interests in property of an entity or individual listed on the OFAC’s SDN or other Lists. The property and interests in property of an entity that is 50 percent or more owned, whether individually or in the aggregate, directly or indirectly, by one or more persons whose property and interests in property are blocked pursuant to any part of 31 C.F.R. chapter V are also blocked, regardless of whether the entity itself is listed. Refer also to the U.S. Department of the Treasury website:
https://home.treasury.gov/policy-issues/financial-sanctions/sanctionsprograms-and-country-information/ukraine-russia-related-sanctions.
30.Ownership. All information, data, documents, intellectual property, including but not limited to webpages received, managed, or generated by the Grantee under this Grant Agreement is the property of CARB. No such information, data, documents, or intellectual property shall be released to any third party without CARB’s advance written approval. Notwithstanding the above, in the event the Grantee is required by deposition, interrogatory, subpoena, or request for documents under the California Public Records Act to disclose information or data received or generated under this Grant Agreement, the Grantee shall provide CARB or the PCB Administrator a prompt written notice prior to disclosure with sufficient time for CARB or PCB Administrator to challenge or stay any release in an appropriate court of law.
31.Paragraph Headings. The headings and captions of the various paragraphs, subparagraphs, and sections hereof are for convenience only, and they shall Item 25.
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not limit, expand, or otherwise affect the construction or interpretation of this Grant Agreement.
32.Prevailing Wages and Labor Compliance. Where applicable, the Grantee agrees to be bound by and comply with all the provisions of California Labor Code including but not limited to Section 1771 et seq. regarding prevailing wages, and other provisions pertaining to recordkeeping and contractor/subcontractor registration. The Grantee agrees to monitor all agreements that are funded in whole or in part with Grant Funds to ensure that the provisions of California Labor Code Sections 1720-1861 are being met by the Grantee and all Grantee Representatives. The Grantee acknowledges, accepts, and agrees that wherever any public work (as defined in the Labor Code) is paid for in whole or in part out of public funds, then the Grantee and all Grantee Representatives must in all instances comply with the prevailing wage requirements as well as contractor and subcontractor registration requirements under the applicable provisions of the Labor Code. Failure to do so is a material breach of this Grant Agreement and may subject the Grantee and/or any of the Grantee Representatives to penalties and other violations imposed by the Department of Industrial Relations.
33.Professionals. The Grantee agrees that only licensed professionals will be used to perform services or conduct work under this Grant Agreement where such services are called for and where licensed professionals are required for those services under California law.
34.Severability. If a court of competent jurisdiction holds any provision of this Grant Agreement to be illegal, unenforceable, or invalid, in whole or in part, for any reason, the validity and enforceability of the remaining provisions, or portions of those provisions, will not be affected and will remain in full force and effect.
35.Survival. Those terms, conditions, provisions, and exhibits which by their nature should survive termination, cancellation, or expiration of this Grant Agreement, shall so survive, including but not limited to those sections pertaining to indemnity, insurance, recordkeeping, audit, return of funds, data security, confidentiality, transition, ownership, and the general provisions.
36.Timeliness. Time is of the essence in the performance of this Grant Agreement. The Grantee shall proceed with and complete all of its obligations under this Grant Agreement in a timely and expeditious manner.
37.Total Agreement; Entirety. This Grant Agreement constitutes the entire agreement and understanding between the Parties and supersedes and replaces any and all prior negotiations and agreements of any kind, whether written or oral, between the Parties concerning this Grant Agreement.
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38.Waiver of Rights. Any waiver of rights with respect to a default or other matter arising under the Grant Agreement at any time by either Party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of CARB or the PCB Administrator provided for in this Grant Agreement are in addition to any other rights and remedies provided by law.
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EXHIBIT B: WORK STATEMENT
Attachment I – Budget Summary
Attachment II – Scope of Work
Attachment III – Timeline, Deliverables, and Budget Details Attachment IV – Key Project Personnel
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Attachment I – Budget Summary
Grantee: City of Needles
Project: Needles Active Transportation Plan
Grant Number: G22-PG-01
Total Costs
Direct Grant Management Costs (part of Task 1) $30,475.60 Indirect Grant Management Costs (part of Task 1) $17,653.79 Project Costs (all other Tasks) $322,600.28
Total Funding
CARB Funds $370,729.67
Resource Contribution $
Total $370,729.67
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Attachment II – Scope of Work
Grantee: City of Needles
Project: Needles Active Transportation Plan
Grant Number: 22-PG-01
CARB will include the Scope of Work from the Grantee’s Full Phase application in this section.
Task 1. Grant management
Administer the various tasks of the project including participation in meetings with CARB or the Statewide Planning and Capacity Building Project Administrator (PCB Administrator); development and implementation of the Project Plan; record-keeping procedures; reporting procedures; and financial tracking and disbursements.
Throughout this task “Administrator” refers to the third-party PCB Administrator (and CARB as needed).
1.1. Conduct meetings and communicate with Administrator staff.
1.2. Kick-off meeting: The Grantee’s and Subgrantee’s key project personnel, in collaboration with the Administrator, will plan, attend, and conduct a kick-off meeting with Administrator staff within 45 days of the execution of the Grant Agreement, unless another timeframe is agreed upon by the Administrator. The kick-off meeting will be virtual unless otherwise noted by the Administrator. Topics for discussion may include, but not be limited to, the following:
1.2.1. Upcoming project tasks, timelines, and milestones
1.2.2. Opportunities for synergy between project tasks
1.2.3. Content and format for quarterly reports, annual data collection, and final reports
1.2.4. Next steps for Administrator review of Project Plan and outreach and education materials.
1.2.5. Schedule for ongoing coordination meetings
1.2.6. Other items as necessary
1.3. Continue coordination with the Administrator to discuss project status.
Check-ins with the Administrator will be held monthly or quarterly, per the Administrator, and a final meeting will be held at the conclusion of the Item 25.
City of Needles Planning and Capacity Building Grant Agreement
project. At minimum, the Grantee’s key project personnel will participate in meetings with Administrator staff. Other project partners may participate as needed or as requested by the Administrator. Meetings will be virtual unless otherwise noted by the Administrator. Additional meetings may be scheduled at the discretion of the Administrator. Checkins are the responsibility of the Grantee and should include:
1.3.1. Agenda for the meeting with online meeting information provided prior to the meeting
1.3.2. Discussion of project activities, deliverables, schedule, and milestones
1.3.3. Discussion of any difficulties encountered since the last project update
1.3.4. Concerns or questions requiring resolution from the Administrator
1.3.5. Notification of any pending disbursement requests
1.3.6. Scheduling the next project coordination meeting
1.4. Coordinate with all project partners, including Subgrantees and Community Partners, following the decision-making structure and the governance, legal, and financial relationships set out in the partnership structure. This must include:
1.4.1. Executed agreements with all parties that will be compensated in return for specific work or information supplied as part of the scope of work.
1.4.2. Regular communication with all Subgrantees, such as check-ins to keep track of progress made and troubleshoot issues
encountered. The Grantee is responsible for keeping the Administrator informed of progress on all projects, including those that are being led by one of the Subgrantees.
1.4.3. Regular communication with all Community Partners in a mutually agreed-upon format to share progress and receive feedback on project implementation and design
1.4.4. Accessible public meetings to share progress and receive feedback on project implementation and design.
1.4.5. Updates to Community Partners and other community Item 25.
City of Needles Planning and Capacity Building Grant Agreement
stakeholders on how their feedback is being incorporated into the design and implementation of the project
1.4.6. Participation in the Clean Mobility Equity Alliance
1.4.7. Coordination with other CARB projects (e.g., Access Clean California, Clean Mobility Options Voucher Pilot) where appropriate and as requested by the Administrator
1.5. Develop the Project Plan. This plan will serve as a more detailed blueprint of the scope of the grant overall. It is meant to be a useful tool for the Grantee, the Administrator, and other partners to plan, understand, and refer back to details of the work agreed upon. The Administrator must review and approve the plan before it is implemented. The Grantee, the Administrator, and the project partners should revisit the Project Plan consistently over the grant term and update as needed within the bounds of the grant agreement scope. This plan will include multiple parts, which, depending on the project types funded, may include but are not limited to:
1.5.1. Fulfill any needed project readiness requirements such as obtaining permits for charging infrastructure, obtaining encroachment permits, and ensuring sufficient electrical capacity at designated charging station sites.
1.6. Project records. Establish and maintain records on each aspect of project implementation. Report on and assess progress throughout project implementation via a combination of metrics defined by the Administrator and metrics defined by the Grantee and the community. The purpose of data collection and reporting is to document and assess the outcomes of each funded project, which may include better understanding the projects’ impacts on behavior change, vehicles miles traveled, and equity.
1.6.1. For all projects, track and report metrics, such as, but not limited to, the data types outlined in the solicitation on an annual basis.
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
1.6.2. Participate in third-party research projects as requested by the Administrator.
1.6.3. Status Reports: Submit numbered status reports accompanying grant disbursement requests to the Administrator at least biannually but may submit more regularly if necessary to justify more frequent disbursements with prior approval from the Administrator. Status reports must follow a specific format and include specific topics as requested by the Administrator.
1.6.4. Final Report: The Final Report must be submitted within 90 days of the Administrator receiving the draft Final Report or by the Termination Date, whichever comes first. A draft Final Report is due to the Administrator within 30 days of project completion or no later than 90 days before the expiration of the Term, whichever comes first. Final reports must follow a specific format and include specific topics as requested by CARB.
1.7. Identify participant data that are confidential and develop measures to keep these data confidential. For example, individuals’ physical characteristics, residential address, wage and salary information, driver’s license or state-issued ID number, and insurance policy number must be kept confidential.
1.7.1. Develop a systematic process and schedule to back up database(s) daily at a minimum.
1.7.2. Develop and enforce security measures to safeguard project database(s).
1.7.3. Store all records in a secure and safe storage facility that maintains confidentiality and provides fire and natural disaster protection.
1.7.4. Retain files during the term of the Grant Agreement plus three Item 25.
City of Needles Planning and Capacity Building Grant Agreement
years after the grant term expires.
1.7.5. Transfer all project records to the Administrator once the project ends or five years after the grant term expires, whichever comes first.
1.8. Document, track, and report expenditures, including expenditures of State funds and resource contributions.
Task 2. Community Engagement
Collaborate with the subgrantees to gather the community’s needs and desires for active transportation infrastructure and programming, which may include sidewalk infill and recommended bike paths to improve connectivity and pedestrian safety.
Community engagement for the plan will focus on three main strategies: educating residents on the plan, getting feedback and input from the community (with a focus on youth, families, transit riders, and low-income residents), and empowering community members as leaders in decision making.
2.1. Identify key stakeholders and community partners to be involved directly in the planning process.
2.1.1. Identify and bring together Community Partners to participate in ongoing planning meetings (Task 1.2);
2.1.2. Reach out to tribal representatives to request their participation in the planning process.
2.2.Inform the public on the Active Transportation Plan and identify community needs and priorities. Provide the public with the City’s active transportation plan objective information to assist them in understanding the problems, solutions, and potential solutions.
2.2.1. Develop materials and a website homepage about the Needles Active Transportation Plan, existing conditions of the sidewalks and bike paths, and opportunities to participate.
2.2.2. Attend community events to inform residents, including tribal residents, about the planning process and opportunities to participate and provide input.
2.3.Engage residents through proven strategies to meet the community where they are. Encourage residents to develop a culture of walking and biking through community events.
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
2.3.1. Develop a survey on community needs and priorities for pedestrian and bicycle infrastructure (sidewalks, bike lanes, etc), priority locations, and interest in an e-bikeshare program.
2.3.2. Co-host two bike/ped rodeo events at the Elementary Schools with Needles Unified School District to promote safe walking and biking practices and receive survey feedback from students, parents, guardians, and families. Survey participation will be incentivized with gift cards.
2.3.3. Work with St. Vincent De Paul staff and volunteers to hold on-bus surveys to receive input from Needles Area Transit riders on first/last mile improvements. Stipends will be provided to volunteers.
2.4.Empower community members as leaders in the planning process to ensure community-based decision making.
2.4.1. St. Vincent De Paul will host two focus groups with residents who receive services at the St. Vincent De Paul hub. Focus group participants will have the opportunity to test ride e-bikes and etrikes and provide ideas and feedback on an e-bikeshare program. Stipends will be provided for focus group participants.
2.4.2. Work with 3-4 high school students to develop leadership skills.
2.4.3. Co-host a roundtable for high school students and a roundtable for middle school students facilitated by Youth Leaders.
Task 3. Assessing Existing Conditions
Collaborate with subgrantees including a consultant (to be identified through Request for Proposals process) to assess 48.89 miles of current sidewalks, potential infill areas of sidewalks and current road conditions for potential bike improvements. Evaluate existing streets, sidewalks and bike lanes; identify existing walking and biking infrastructure; provide mapping of each including cross sections; summarize using charts and photos; identify pedestrian destinations; Identify existing transit routes and destinations.
3.1. Contractor and the City of Needles to collaborate on assessment.
3.2. Assess city-owned sites for future potential to add bike racks or a bikeshare station.
Task 4. Active Transportation Plan Development
Collaborate with subgrantees to incorporate community engagement and the Item 25.
City of Needles Planning and Capacity Building Grant Agreement
existing conditions assessment into a draft Active Transportation Plan to be reviewed by the project partners, city council, and community.
4.1.Priority Projects Conceptual Design
4.2.Draft Active Transportation Plan review
4.2.1. Incorporate comments and recommendations.
4.3.Community Engagement on Draft Active Transportation Plan
4.3.1. Incorporate comments and recommendations.
4.4.Final Active Transportation Plan
4.4.1. Council presentation
4.4.2. Public hearings and Council Adoption
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Attachment III – Timeline, Deliverables, and Budget Details Grantee: City of Needles
Project: Needles Active Transportation Plan
Grant Number: 22-PG-01
Task
#
Task
Description
Expected
Start
Date
Expected
End Date
Deliverables (if applicable)
CARB Funds
Resource
Contribution
1 Grant
Management
Month 01 Month 30 $48,129.39 $0
1.2 Grant Management Month 1 Month 2 Kick-off Meeting Materials:
- Agenda
- Presentation
- Meeting Notes
1.3 Grant Management Month 1 Month 30 Administrator Project Coordination Meetings Material:
- Agendas
- Presentations
- Meeting Notes
1.4 Grant Management Month 3 Month 24 Project Partners Coordination (Subgrantees/Community
Partners) Meeting Material:
- Agendas
- Presentations
- Meeting Notes
1.4.1 Grant Management Month 1 Month 6 Executed Agreements
1.4.4 Grant Management Month 2 Month 18 Accessible public meeting materials
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Task
#
Task
Description
Expected
Start
Date
Expected
End Date
Deliverables (if applicable)
CARB Funds
Resource
Contribution
1.4.5 Grant
Management
Month 3 Month 24 Community Partner/Stakeholder
feedback incorporated into
design and implementation of
the project
1.4.6 Grant
Management
Month 3 Month 24 Log participation in Clean
Mobility Equity Alliance
1.5 Grant
Management
Month 3 Month 6 Developed Project Plan
1.6.1 Grant
Management
Month 2 Month 24 Project Data: Tracked and
reported metrics for all projects
1.6.3 Grant
Management
Month 3 Month 30 Status Reports (at least biannually) Disbursement Requests
1.6.4 Grant
Management
Month 21 Month 27 Draft Final report (within 30 days
of project completion) Final
Report
1.7.5 Grant
Management
Month 27 Month 30 Transfer project records to
administrator.
2 Community
Engagement
Draft and Final Public
Outreach Plan focusing on the
three main strategies.
$71,256.72 $0
2.1 Community
Engagement
Month 1 Month 1 Planning Process Excel file listing
stakeholders and community
partners with contact
information.
2.1.1 Community
Engagement
Month 1 Month 24 Log of planning materials with
community partners (agendas,
minutes, etc.)
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Task
#
Task
Description
Expected
Start
Date
Expected
End Date
Deliverables (if applicable)
CARB Funds
Resource
Contribution
2.1.2 Community
Engagement
Month 3 Month 12 Outreach material to tribal
representatives.
2.2 Community
Engagement
Month 2 Month 18 • List of Community needs
and priorities
• Created
mailers/flyers/infographics
materials
• List of Provided Materials
to the public: Active
Transportation Plan
Objective Information
material
2.2.1 Community
Engagement
Month 2 Month 24 Developed materials and
website updates related to
Active Transportation
Plan/existing conditions.
Provide toolbox of Active
Transportation Guidelines and
Treatments
Provide an overview of Active
Transportation funding
opportunities.
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Task
#
Task
Description
Expected
Start
Date
Expected
End Date
Deliverables (if applicable)
CARB Funds
Resource
Contribution
2.2.2 Community
Engagement
Month 3 Month 18 Log of community events
attended to inform residents of
planning process/participation
opportunities
2.3 Community
Engagement
Month 2 Month 12 Engagement/encouragement
material provided to residents
2.3.1 Community
Engagement
Month 3 Month 18 Draft and final survey, materials
related to events (event
announcements and other
materials), participant
summaries, volunteer materials,
summary of stipends provided,
etc.
Summary of Community Data
Findings of pedestrian needs
and issues
2.3.2 Community
Engagement
Month 3 Month 18 Bike/ped rodeo event 1 and 2
promoting pedestrian safety
materials,
Surveys for each event.
2.3.3 Community
Engagement
Month 3 Month 18 Transit rider surveys and
summary of collaboration.
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Task
#
Task
Description
Expected
Start
Date
Expected
End Date
Deliverables (if applicable)
CARB Funds
Resource
Contribution
2.4 Community
Engagement
Month 2 Month 12 Planning Process meeting
materials and resources.
Community-based decisionmaking materials and resources.
2.4.1 Community
Engagement
Month 2 Month 12 Focus group prep materials -
dates, event announcements,
questions, etc. summary of focus
group feedback from residents,
stipend details/summary.
2.4.2 Community
Engagement
Month 6 Month 24 Log of meetings with high school
students. Meeting Materials:
- Agenda
- Presentation
- Meeting Notes
2.4.3 Community
Engagement
Month 3 Month 24 Roundtable prep materials –
dates, event announcements,
questions, and Summary of
roundtable
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Task
#
Task
Description
Expected
Start
Date
Expected
End Date
Deliverables (if applicable)
CARB Funds
Resource
Contribution
3 Assessing
Existing
Conditions
Month 3 Month 18 Evaluate existing streets,
sidewalks and bike lanes;
identify existing walking and
biking infrastructure; provide
mapping of each including cross
sections; summarize using charts
and photos; identify pedestrian
destinations; Identify existing
transit routes and destinations.
$54,108.80 $0
3.1 Assessing
Existing
Conditions
Month 1 Month 12 Report on meeting between
Contractor and City of Needles
regarding assessment.
Request for proposal (RFP)
materials and final contract with
consultant.
3.2 Assessing
Existing
Conditions
Month 1 Month 3 Two assessment results of cityowned sites for:
• Bike Racks
• Bikeshare station
4 Active
Transportation
Plan
Development
$197,234.76 0
4.2 Active
Transportation
Plan
Development
Month 4 Month 18 Priority Projects Conceptual
Design
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Task
#
Task
Description
Expected
Start
Date
Expected
End Date
Deliverables (if applicable)
CARB Funds
Resource
Contribution
4.3 Active
Transportation
Plan
Development
Month 19 Month 21 Draft Active Transportation Plan
Review by project partners
summary of comments and
recommendations
4.4 Active
Transportation
Plan
Development
Month Month 12 Materials provided during the
Community Engagement on the
Draft Active Transportation Plan,
summary of comments and
recommendations
4.5 Active
Transportation
Plan
Development
Month 13 Month 27 Final Active Transportation Plan
4.5.1 Active
Transportation
Plan
Development
Month 13 Month 27 Council presentation and public
comments
4.5.2 Active
Transportation
Plan
Development
Month 13 Month 27 Council meeting minutes and
adoption documentation
Total $370,729.67 $0
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Attachment IV – Key Project Personnel
Grantee: City of Needles
Project: Needles Active Transportation Plan
Grant Number: G22-PG-01
Role and Name
of Entity Personnel Name and Title Expected Duties
Grantee, City of
Needles
Kathy Raasch
[email protected]
Interim Development Services
Director
Oversee completion of
projects from start to finish.
Grant management
(reporting, budget
management, etc.)
Subgrantee,
Needles Unified
School District
Manuela Harris,
[email protected]
mailto:[email protected]
Lead outreach and
engagement events,
participate in ongoing
project partner
meetings, and provide
feedback on the plan to
ensure that it meets the
need of youth and
families.
Subgrantee, St.
Vincent De Paul
George Deleon
[email protected]
Outreach and Engagement
Participate in ongoing
project partner meetings
Provide feedback on the
Needles Active
Transportation Plan
Community
Partner, San
Bernardino
County Sheriff's
Department
Ross Tarangle
[email protected]
Capitan
Work
with Needles Unified
School District to host
bike/ped. rodeo events
at schools.
Community
Partner, Colorado
River Medical
Center (CRMC)
Bing Lum
[email protected]
CEO
Will participate in
ongoing planning
meetings to identify
areas reported as a
safety/medical concern
to patients/youth.
Community Maria Sotnikova Tri State Medical will
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
Role and Name
of Entity Personnel Name and Title Expected Duties
Partner, Tri-State
Medical (medical
facility)
[email protected]
Director
participate in ongoing
planning meetings and
provide input on the
transportation needs of
the community to critical
medical facilities,
distribute survey to
patients
Community
Partner, Needles
Housing Authority
Angelica Deermer
[email protected] Housing
Director
Needles Housing
Authority will participate
in ongoing planning
meetings and provide
input on the
transportation needs of
the Housing Authority
residents and distribute
survey to residents.
Needles Area
Transit and
Needles Senior
Center
Cheryl Sallis
[email protected] Community
Services Manager
Needles Area Transit:
Work with St. Vincent De
Paul to coordinate onboard
bus surveys to get input
from transit dependent
residents.
Senior Center:
Participate in ongoing
planning
meetings to identify
additional opportunities
for engagement with
older adults
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
EXHIBIT C: GRANTEE APPLICATION PACKAGE
The PCB Administrator will include selected portions of the Grantee’s Full Phase application in this section.
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
EXHIBIT D: REQUEST FOR APPLICATIONS PACKAGE
The PCB Administrator will include the RFA package in this section.
Item 25.
City of Needles Planning and Capacity Building Grant Agreement
EXHIBIT E: PAYEE DATA RECORD
The PCB Administrator will include the Grantee’s payee data record in this section.
Item 25.
Planning and Capacity Building
FY 2022-23 Request for Applications
APPENDIX B:
Full Phase Application Template
Note:
If you require this document in an alternate format or language, please contact Heather Choi at (279) 208-7556 or [email protected]. TTY/TDD/Speech to Speech users may dial 711 for California Relay Service.
July 24, 2023
More information: https://ww2.arb.ca.gov/lcti-step-pcb-cmis EXHIBIT C: GRANTEE APPLICATION PACKAGE
Item 25.
FY 2022-23 Planning RFA - APPENDIX B
The California Air Resources Board (CARB) requires applications to be accurate, and Lead Applicants are strongly encouraged to ensure their applications are brief and clear. If a project is selected for funding, the application will be incorporated into the grant agreement and sections of it may be added into the body of the grant agreement. Applications will be considered a promise to perform actions in a specific project and are not considered a starting place to begin negotiations on the project's final scope.
Instructions: Complete the Application Template below to apply for Planning and Capacity Building. Refer to the Request for Applications (RFA) for more information.
All sections of the template must be completed, all statements requiring signature must be signed and dated, and all required components must be included for the application to be scored.
When a Lead Applicant is informed that they have moved on to the Full Phase application, they will receive a link to the Kiteworks platform from CARB. This link will be unique to each Lead Applicant. Lead Applicants must upload their signed Full Phase application and all components listed in the Application Checklist electronically to Kiteworks no later than 11 :59 pm (Pacific Time) on November 3, 2023 (the Full Phase Deadline). No oral, telephone, facsimile, mailed, or e-mailed applications will be accepted. Lead Applicants may upload drafts to Kiteworks in advance of the deadline but must delete any documents they do not wish to submit as part of their Full Phase application by the Full Phase Deadline. CARB will not begin review of the Full Phase applications until November 4, 2023.
Applications uploaded after the Full Phase Deadline will be rejected and not scored.
Lead Applicants are encouraged to upload applications in advance of the deadline to avoid delays due to technical difficulties. CARB will not accept applications uploaded after the deadline for any reason.
The Institute for Local Government, in collaboration with People for Mobility Justice and Fehr & Peers, are available to provide tailored support to each Applicant based on their needs. The technical assistance providers will reach out to each Lead Applicant invited to apply based on their Concept Phase application.
CARB will hold two Question & Answer sessions during the Full Phase to help answer potential Applicants' questions. See the section "Q&A sessions" in the RFA for more details.
Page B-2
Item 25.
FY 2022-23 Planning-RFA - APPENDIX B
1. Cover Page
Print clearly or type all information on this application.
1. Project Name:
Needles Active Transporation Plan
2. Organization Name:
City of Needles
3. Type of Organization:
Local Government
4. Contact Name and Title:
Rainie Torrance, Utility Manager
5. Person with Contract Signing Authority (if different from above):
Patrick Martinez
6. Mailing Address and Contact Information:
Street: 817 Third St
City, State, Zip Code:
Needles, CA 92363
7. Phone:
760-326-5700 X140
8. Email:
[email protected]
9. '2'.l I have read and understood the terms and conditions of the Sample Grant Agreement.
The undersigned declares that he or she is an official/agent of responding Lead Applicant and Sub-applicants and is empowered to represent, bind, and execute contracts and other agreements on behalf of the Lead Applicant (and Sub-applicants and Project Teams). The undersigned hereby represents, warrants, certifies and declares under penalty of perjury, under the laws of the State of California, that all statements and responses in this application package are true and correct, with full knowledge that all statements and responses are subject to investigation and that any incomplete, unclear, false or dishonest statements or responses may be grounds for rejection of the application, disqualification from this RFA process, termination of any or all executed Grant Agreements and/or other legal consequences.
Printed Name of Responsible Party:
Patrick Martinez
Third Party ertification (if applicable)
Title:
City Manager
Date:
11/02/2023
I have completed the application, in whole or in part, on behalf of the Lead Applicant.
Printed Name of Third Party: Title:
Signature of Third Party: Date:
Amount Being Paid for Application Completion in Source of Funding to Third Party:
Whole or Part:
Page B-3
Item 25.
FY 2022-23 Planr:iing RFA - APPENDIX B
2. Application Checklist
Use this section to check that all required application components have been included and wil l be submitted to CARB. All components in the table below are required for the application to be scored.
Application Component Included? Yes/No
Completed Application Template (including signed Cover Yes Page and Section 15)
Letters of Commitment and Support Attachments Yes
Scope and Timeline Attachment Yes
Budget Attachment Yes
3. Eligibility Requirements
Answer the questions in the table below. Use this section to check that all applicable eligibility requirements have been met. CARB will also review and confirm that all applicable eligibility requirements have been met. Applications must meet all applicable eligibility requirements to be scored.
Application Eligibility Requirements Yes/No/
Section N/A
Have all sections of the Application Template been
Overall completed and does the application include all required Yes components listed in the Application Checklist in the Full Phase Application Template?
Overall Was the application uploaded to Kiteworks by the Full Yes Phase Deadline?
Concept
Phase Do any updates made to the Concept Phase application Application still meet the Concept Phase eligibility requirements and Yes Updates and result in a minimum score of 70% based on the Concept Confirmation Phase scoring criteria?
(Section 4)
Budget Does at least 5% of the total proposed budget fund data Yes (Section 10) collection, evaluation, and reportinq?
Budget Is no more than 15% of t he total requested funds set aside Yes (Section 10) to cover indirect costs?
Data Do Applicants agree to comply with all data requirements Collection, Evaluation, listed in the application materials, including regularly Yes and collecting data on all proposed projects; identifying, Reporting evaluating, and updating projects based on evaluation (Section 12) results; and reporting requested data to CARB? Page B-4
I
I
I
I
I
I
Item 25.
FY 2022-23 Planning RFA - APPENDIX B
4. Concept Phase Application Updates and Confirmation
Confirm whether the responses submitted in the Concept Phase application are still accurate. If they need to be updated, describe any updates that have been made. This section will be used to confirm that any updates to the Concept Phase application still meet eligibility requirements and score at least 70% according to the Concept Phase eligibility requirements and scoring criteria. This section will also be used as background information when scoring the Full Phase application.
For each section of the Concept Phase application, if no Concept Phase updates need to be made, write "No updates" below. If Application Section updates do need to be made, describe those updates below.
Section 4. Funding The total project cost has been updated to $370,729.67. Request Section 5. Timeline
Timeline updated to represent grant term. Project is still projected to be completed before the end of the grant term.
No updates
Section 6. Project
Community
Sub-applicants, community partners and partnership structure defined and confirmed for full application.
Section 7. Applicants
and Partnership
Structure
No updates
Section 8. Project
Descriptions and
Transportation Equity
Page B-5
Item 25.
FY 2022-23 Planning RFA- APPENDIX B
5. Application Summary and Community Vision
Briefly summarize the overall application. Include a high-level description of t he Project Community, the proposed projects, and how these projects will work together to achieve the community's vision of transportation equity. This response will be posted publicly on CARB's website and will be used as background information when scoring the Full Phase application. (Maximum 1,000 characters) Input response below:
The City of Needles is one of the most disadvantaged and isolated, rural communities in the State of California. Located along the Colorado River in San Bernardino County, the city is home to the Fort Mojave Indian Tribe and is gateway to the Mojave National Preserve. Needles is a disadvantaged community with a Median Household Income of $48,061. Approximately 55% of residents receive welfare assistance.
Despite the lack of safe routes for walking and biking in Needles, people still walk along these streets out of necessity. Children and wheelchair users are forced to use the road where there are no sidewalks or inadequate sidewalks, presenting a dire safety risk. The City of Active Transportation Plan will encourage, support and work with the community to develop much needed projects like repairing and connecting sidewalks, sidewalk ADA improvements, creating bike lanes, improving bus stops, and identifying bike sharing programs. The Active Transportation Plan will build a cult Page B-6
Item 25.
FY 2022-23 Planning RFA - APPENDIX B
6. Applicants
Follow the instructions below. These responses will be scored.
A. Outline the roles and responsibilities of each Lead Applicant and Sub-applicant.
Describe why, through relevant expertise, experience, and skillsets, the Lead Applicant and each Sub-applicant is suited for their identified role and how, as a whole, they have the necessary qualifications to complete the projects. (Maximum 3,000 characters)
Input response below. Include the name of any relevant attachments:
The City of Needles will be the lead applicant on the Needles Active Transportation Plan. The City of Needles has a full time project manager to oversee the completion of all projects from start to finish.
The project manager has experience with grant management including reporting, contractor and budget management for grants such as the Active Transportation Program and Clean California.
As an isolated city, Needles does not have many community based organizations and most often partners with schools and San Bernardino County departments. Needles has identified Needles Unified School District and St. Vincent De Paul as sub-applicant on the Needles Active Transportation Plan because of their connection to priority populations in needles (youth, families, low-income residents, and transit dependent residents). Each sub-applicant is able to provide different aspects of the communities needs to incorporate into the Plan.
The Needles Unified School District has access to the transportation needs of over 1,000 students and has resources to connect directly to over 400 families. Many students do not have transportation readily available to get to school or to key destinations in Needles. Currently, a priority for Needles Unified School District is to improve transportation to school to boost attendance rates. Partnering with the Needles Unified School District allows the City to incorporate the needs of the students and families directly into the Needles Active Transportation Plan. The City of Needles and the Needles Unified School District have collaborated on a range of projects over the past decade to improve the lives of residents and students in Needles, including walk audits for San Bernardino County's 2018 Safe Routes to School Plan and the City's 2022 ATP Cycle 6 Application. The School District's role will be to lead outreach and engagement events, participate in ongoing project partner meetings, and provide feedback on the plan to ensure that it meets the need of youth and families.
St. Vincent De Paul is a local CBO with access to vulnerable, misplaced families and individuals of Needles. St. Vincent De Paul is also tightly connected in the community and has built relationships with many businesses. St. Vincent De Paul has the resources to connect, identify and gather feedback from residents of all backgrounds. Despite the amount of work and value they provide to the community, St.
Vincent De Paul is primarily volunteer run. Funding for the Active Transportation Plan will allow the organization to pay and train volunteer staff and develop additional skills around engagement. St.
Vincent De Paul's role will be to lead outreach and engagement events, participate in ongoing project partner meetings, and provide feedback on the plan to ensure that it meets the need of low-income, unhoused, and transit dependent residents. The City will also bring on a consultant, who will be identified through an RFP, for the technical components.
Page B-7
Item 25.
FY 2022-23 Planning RFA - APPENDIX B
B. Provide documentation of each Applicant's commitment to furthering equity and environmental justice. Describe each Applicant's relationships with Community Partners and representatives. Provide documentation and describe the outcomes of past work with Community Partners and representatives. (Maximum 3,000 characters)
Input response below. Include the name of anv relevant attachments:
The City of Needles is committed to supporting and improving opportunities within our small, rural, and isolated community. With over half of our residents receiving welfare assistance, the City's sustainability work often happens through the lens of reducing utility costs and improving quality of life for low-income residents.
The Needles Unified School District has executed a letter of commitment to support the Needles Active Transportation Plan by engaging students and families into the plan. Needles Unified School District serves five schools in Needles (over 1,000 students and 400 families) with the mission to provide a free and appropriate education enabling all students to be successfully prepared to be productive members of society.
Needles Unified School District has worked with the City of Needles including on walk audits for the County Safe Routes to School Plan (2018) and surveys for the City's ATP Cycle 6 application. As a school district, getting students to school safely is a priority for improving attendance. Needles Unified School District seeks to improve sidewalks, add bike lanes but more importantly encouraging students to build the habit of walking and biking to improve their health and environment.
St. Vincent De Paul works closely with the low-income residents of Needles, and has equity as a key focus. They distribute food, clothing, and other key needs for residents. St. Vincent De Paul has worked with the City on the scope development and execution of grant funds from CDBG under CV and CV/3 Food Recovery and Distribution. St. Vincent De Paul provides annual equipment inspection reports and data as needed to the City.
Community Partners and their roles include:
• San Bernardino County Sheriff's Department -the Sheriff's Department will work with Needles Unified School District to host bike/ped. rodeo events at the schools where children will learn about safe walking and biking and families will provide input on infrastructure and programming needs
• Needles Area Transit - NAT will work with St. Vincent De Paul to coordinate on-board bus surveys to get input from transit dependent residents • Needles Senior Center - the Senior Center will participate in ongoing planning meetings to identify additional opportunities for engagement with older adults • Colorado River Medical Center (CRMC) - CRMC will participate in ongoing planning meetings to identify areas reported as a safety/medical concern to patients/youth • Tri-State Medical - Tri State Medical will participate in ongoing planning meetings and provide input on the transportation needs of the community to critical medical facilities, distribute survey to patients
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Item 25.
FY 2022-23 Planning RFA - APPENDIX B
7. Partnership Structure
Expand on the description provided in the Concept Phase application about how the partnership structure has been or will be created to accurately represent the Project Community. Describe the governance and decision-making structure of the partnership, including how the structure prioritizes decisions made by Community Partners and other community residents. Describe the legal and financial structure of the partnership, including who is contracting with whom and how the Lead Applicant will procure, contract with, and pay Sub-applicants and Community Partners. Finally, describe how the partnership structure will address power dynamics and potential inequities that may exist between partners. Lead Applicants may submit diagrams that demonstrate the partnership structure as attachments, but this is not required.
This response will be scored. (Maximum 3,000 characters) Input response below. Include the name of any relevant attachments:
The City of Needles will be the lead applicant and will lead all stakeholder input through workshops to incorporate into the Active Transportation Plan. The City of Needles will be the lead project manager from issuing a formal bid to procure the consultant to develop the Active Transportation Plan, execution of scope of work and all grant reporting. The City of Needles will be responsible for reimbursing sub-applicants for participating and procuring all expenditures of the proposed project.
The City of Needles is a rural and isolated jurisdiction therefore it maintains close relationships within the community. The city and the Needles Unified School District have decades of experience collaborating for community events, recreation events, after school events, internships, and mentorships. The city acknowledges the critical role St. Vincent De Paul holds in the community.
St. Vincent is the first point of contact for misplaced residents and residents impacted by food insecurity. The City has partnered with both sub-applicants on many grant applications from providing letters of support, participating in community meetings to being the receipt of equipment for there facilities.
In order to ensure a transparent and open planning process, the applicant and sub-applicants will host regular (bi-monthly or quarterly) planning meetings that will be open to the public. In addition to the applicants and community partners, the youth leaders developed through the engagement process will also be invited and reimbursed to attend all meetings. All decisions for the plan will be made by consensus between the applicants. If there are any disagreements, the applicants will invite the community partners and youth leaders into the decision-making process.
Community participation and needs assessments will be the foundation of the Active Transportation Plan. Through the engagement process, residents and business needs will be collected and incorporated into the plan. Engagement and feedback from community partners will be incorporated into the final plan.
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Item 25.
FY 2022-23 Planning RFA - APPENDIX B
8. Letters of Commitment and Support
Provide a letter of commitment and support from each Applicant. Use the Letters of Commitment and Support Template (Attachment I) to ensure that all necessary topics are covered. Letters of commitment and support from Community Partners, as well as from entities that are necessary for the project to move forward and be sustained in the long-term, such as elected officials, electrical utilities, and government entities that own the right-of-way, are encouraged.
This response will be used to score the partnership structure and long-term sustainability sections. (Maximum 500 characters)
List letters attached to application:
Needles Unified School District, St. Vincent De Paul, Colorado River Medical Center, Tri-State Community Heath, City of Needles (representing the city, Needles Senior Center, Needles Area Transit and the Needles Housing Authority), San Bernardino County Sheriffs Office
9. Scope and Timeline·
Provide a scope and timeline using the Scope and Timeline Template (Attachment II).
Follow the instructions in the template. The proposed scope and time line should outline the tasks needed to complete each project and approximate start and end dates for each task and sub-task.
This response will be scored.
Input name of scope and timeline file:
FY 2022-23 Planning, CMIS, and STEP RFA - APPENDIX B, ATTACHMENTIINeedles
10. Budget
Provide a detailed budget using the Budget Template (Attachment 111). Follow the instructions in the template. The proposed budget should estimate all labor, material, equipment, construction, installation, and grant management costs associated with the proposed projects. Labor rates must account for overhead and fringe benefits.
Projected costs must account for any expectation of cost increases (e.g., cost of living increases, inflation).
This response will be used to confirm the eligibility of the budget and will be scored.
Input name of budget file:
FY22-23_Planning-CMIS-STEP-RFA_APPENDIX-B_ATTACHMENT-III Needles Page B-10
Item 25.
FY 2022-23 Planning RFA - APPENDIX B
11 . Project Benefits
Expand on the description provided in the Concept Phase application about how the proposed project will address or identify community transportation needs or increase transportation equity, considering the needs of different groups of residents within the Project Community. Consider how the project will address and incorporate transportation equity as defined in this RFA, different elements that support transportation equity (e.g., accessibility, affordability, reliability, safety, and environmental sustainability), and the environmental justice principles. Describe how the project will develop organizational and community capacity. If applicable, describe how the proposed project will support workforce development in the climate and clean transportation sectors (e.g., partnering with workforce development and training programs with career pathways, providing economic opportunities through highquality jobs) with a focus on Project Community residents who face barriers to employment.
This response will be scored. (Maximum 4,000 characters) Input response below. Include name of anv relevant attachments:
The need for an Active Transportation Plan came about through community feedback during the City's ATP Cycle 6 application and Land Use and Transportation Element engagement process. In these workshops, meetings, and surveys, residents identified the need for improved sidewalks, bike lanes, improved bus stops, and more. See Attachment A and Attachment B for ATP survey results and Transportation Element workshop feedback. Some key feedback provided from the community includes: the most frequently visited destinations are the High School, Middle School, Buy Rite Market, and Park, there is not currently a grocery store in the City of Needles, making the Buy Rite Market a significant destination in the area and, Needles Unified School District does not provide school buses for students in fourth grade through high school, making safe non-motorized access to the Middle School and High School a critical safety issue.
The City will use funding to identify and prioritize projects to connect sidewalk gaps, repair broken sidewalks, upgrade curb ramps to ADA compliance, identify bike lanes, and improve visibility, access and transportation in an area of the city with the school district, a senior center, a recreation center, a park, a medical center, and more key destinations. In addition, the Active Transportation Plan will identify opportunities for a bike share program in Needles and improvements to Needles Area Transit bus stops and service.
Residents will be able to safely access destinations to improve their quality of life such as place of employment or access information at the Needles Library. The proposed project will encourage healthy lifestyles, improve safety and quality of life, and reduce reliance on motorized transportation for residents in the City of Needles. The project will benefit all residents including children, seniors, and people with disabilities. The City does not anticipate any challenges as the community has continuously asked for and shown support for safe walking infrastructure and safe transportation means.
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Item 25.
FY 2022-23 Planning RFA - APPENDIX B
12. Data Collection, Evaluation, and Reporting:
Answer the question below. This response will be used to confirm eligibility of the application.
Do you agree with the following statement? All Applicants have read and understand the data collection, evaluation, and reporting requirements and, as the Lead Applicant, I agree that all Applicants shall comply with all data requirements listed in the RFA, including regularly collecting data on all proposed projects; identifying, evaluating, and updating projects based on evaluation results; and reporting requested data to CARB or the Project Administrator.
I Input response (Yes or No) below:
Yes
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Item 25.
FY 2022-23 Planning RFA - APPENDIX B
13. Outreach and Engagement
Describe how outreach and engagement activities will focus intentionally on involving hard-to-reach residents in low-income and disadvantaged communities. Describe how the proposed projects will be inclusive and encourage diverse community resident feedback, incorporating specific ways for residents to make decisions about the projects that will impact them. Describe how the proposed projects will encourage the use of the clean transportation services provided and educate end users on the clean transportation options available.
This response will be scored. (Maximum 3,000 characters) Input response below:
As a small, close-knit community, residents in Needles have a variety of options to provide input to the City. The City has historically gotten good response rates from on line surveys, including 80+ responses to a 2022 survey on sidewalk and bike lanes near schools. Additionally, residents have access to t heir City Council members through council meetings and informal discussions. The City of Needles Active Transportation Plan community engagement plan will build on existing successful strategies and develop new strategies to bring the community together to inform the plan.
The City of Needles will first inform residents and businesses on the current needs of the Active Transportation Plan through educational handouts and a webpage on the City website. The City will be utilizing sub-applicants and community partners to spread the word and educate residents on what the City is doing. St. Vincent de Paul will use strategies like on-board bus surveys to reach the transit dependent residents of Needles. Needles Unified School District will host events like bike/ped rodeos or crosswalk demo art projects to engage students and their families. Once residents and businesses are informed, the next step is to involve and engage all residents of Needles to ensure that community needs are identified. Ensuring community needs are integrated into the process is a priority of the applicants.
The applicants will use a number of engagement strategies, such as focus groups, walk audits, and community events to get the residents of Needles excited and engaged about walking and biking. In order to make these events accessible and valuable to low-income residents, the City will offer stipends and incentives, such as bike and helmet raffles, for participation in focus groups and events.
For example, St. Vincent De Paul, which works closely with extremely low-income residents, will host focus groups where attendees can test ride e-bikes and e-trikes to determine what types of bike sharing programs would most benefit their ability to reach the St. Vincent De Paul hub to receive free food. As another example, the School District will develop high school aged youth leaders who will develop skills around active transportation planning, public speaking, and civic engagement and who will host focus groups with their middle and high school aged peers.
The City is focused on working collaboratively with sub-applicants through focus groups and outreach events to increase input from all residents and businesses in Needles. The City of Needles sub-applicants were identified by their impact on Needles low-income and disadvantaged residents. St.
Vincent De Paul. Needles Unified School District has close relationships with students, parents, and guardians across the city. The Active Transportation Plan development will gather input from the community through surveys, focus groups and outreach events which will increase involvement.
Collecting public comments through su
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Item 25.
FY 2022-23 Planning RFA - APPENDIX B
14. Long-term Sustainability
Describe the plan for the long-term sustainability or implementation of the proposed or planned projects after the grant term ends. This may include what financial tools and resources are available to implemented planned projects, what partnerships will enable the benefits of the project to be sustained in the long-term, the long-term impact of capacity building activities and sustained community engagement, and how social infrastructure will continue to benefit the Project Community after the grant term. If this information is not available, describe how long-term benefits will be considered during project planning and implementation.
This response will be scored. (Maximum 3,000 characters) Input response below:
The City of Needles does not have an adopted Active Transportation Plan. The City does not have an adopted plan that clearly identifies the needs of the community as it relates to sidewalk improvements and bike path routes. The City needs an Active Transportation to be included in the City's general plan.
The adopted general plan states the needs for transportation improvements but does not outline a strategy. The City's general plan will be amended to incorporate the final adopted Active Transportation Plan. The adopted Active Transportation Plan will set a 5-10 year plan leading staff to obtain necessary funding to implement the adopted plan. In addition, the City will be able to utilize the adopted plan to develop the reduction to greenhouse emissions as a result of the plan being implemented.
The City has already explored potential funding sources for active transportation infrastructure and programming funds including: Active Transportation Program, Highway Safety Improvement Program, Safe Streets 4 All, Clean California, and more.
Additionally, the relationships created and strengthened through this plan will continue to benefit the community long after the grant timeline. For example, St. Vincent De Paul will receive funding to pay and train their volunteer staff members, increasing their organization's sustainability and ability tq partner with the City on future efforts. Additionally, this process will develop youth leadership, encouraging high school aged students in Needles to be involved with the community.
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Item 25.
FY 2022-23 Planning RFA - APPENDIX B
15. Declarations and Attestations
A. Conflict of Interest Declaration
All Lead Applicants must disclose, as an attachment to the application, any conflict of interest that could be perceived to impact any of the Applicants' abilities to fulfill the duties and responsibilities set out in this RFA or the Grant Agreement.
The Lead Applicant must immediately inform CARB of any current, ongoing, or pending direct or indirect interests that do or could pose an actual, apparent, or potential conflict of interest with any of the Applicants' abilities to fulfill the duties and responsibilities set out in this RFA or the Grant Agreement. These may include, but are not limited to, financial arrangements with or interest(s) with product manufacturers, equipment suppliers or vendors, infrastructure installers, fuel manufacturers, fuel or electricity retailers, vehicle or equipment component manufactures, or related organizations as well as membership in or financial arrangements with community-based organizations or committees or subcommittees. CARB may consider the nature and extent of any actual, potential, perceived, or apparent conflict of interest, including those discovered outside of the application, in evaluating, considering, or scoring the application, and may disqualify the Lead Applicant based on such actual, potential, perceived, or apparent conflict of interest at CARB's sole discretion. Each Applicant must immediately advise CARB in writing of any potential new conflicts of interest.
By signing Section 15.E. Applicant Signatures, each Applicant represents, warrants, and agrees that all conflicts of interest, if any, have been fully disclosed to CARB in the submitted application; that they are in compliance with applicable state and federal conflict of interest laws at the time they submit this application and shall remain in compliance with all such laws during the RFA process, and, if selected, during the Grant Term; and that they will have no interest, and will not acquire any interest, direct or indirect, which will conflict with their ability to impartially perform under and complete the tasks described in this RFA.
B. Compliance with the Law Declaration
Each Applicant must disclose, as an attachment to the application, any claims against them of noncompliance with any United States Environmental Protection Agency (U.S. EPA), CARB, or California air district laws, including a Notice of Violation, Citation, or litigation alleging noncompliance, along with a copy of any of the government documents they have received alleging noncompliance. Applicants may explain the nature of the allegations and present any defenses.
If the Applicants have no such claims of noncompliance against any of them, each Applicant shall so attest in the application by signing Section 15.E. Applicant Signatures. By signing, each Applicant represents, warrants, and agrees that all claims of noncompliance, if any, have been disclosed to CARB in the submitted application.
CARS may consider the nature and extent of any alleged or proven noncompliance with U.S. EPA, CARS, or California air district law, or failure to disclose any alleged Page B-15
Item 25.
FY 2022-23 Planning RFA - APPENDIX B
noncompliance with U.S. EPA, CARB, or California air district laws, including those discovered outside of the application, in evaluating, considering, or scoring the application, and may disqualify the application based on such noncompliance, at CARB's sole discretion.
C. Attestation of Readiness
By signing Section 17 .E. Applicant Signatures, each Applicant accepts the terms and conditions of the attached Grant Agreement (Appendix B) in the same form, and is ready, willing, and able to comply with all such terms and conditions.
D. Non-Collusion Declaration
By signing Section 17 .E. Applicant Signatures, each Applicant represents, warrants, and agrees that the following is true:
The application was not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The application is genuine and not collusive or a sham. Submittal of the application was not directly or indirectly induced by or solicited from any other applicant to put in a false or sham proposal. Each Applicant did not directly or indirectly collude, conspire, connive, or agree with any other applicant or anyone else to put in a sham application. Each Applicant did not in any manner directly or indirectly seek by agreement, communication, or conference with anyone to fix the proposed fees or terms of the application or of any other application, or to fix any overhead, profit, or cost elements of the proposed fees or fee structure, or of that of any other applicant, or to secure any advantage against CARB or other applicants. All statements contained in the application are true and correct.
E. Applicant Signatures
Each Applicant (the Lead Applicant and each Sub-applicant) must sign below.
The undersigned declares that they are an official/agent of a responding Applicant and are empowered to represent, bind, and execute contracts and other agreements on behalf of the Applicant. The undersigned hereby represents, warrants, certifies, and declares under penalty of perjury, under the laws of the State of California, that all statements and responses in Sections 17.A, 17.B, 17.C, and 17 .D above are true and correct, with full knowledge that all statements and responses are subject to investigation and that any incomplete, unclear, false, or dishonest statements or responses may be grounds for rejection of the application, disqualification from this RFA process, termination of any or all executed Grant Agreements, and/or other legal consequences.
Lead A licant Name:
Signature of Designated Authorized
Re resentative:
Name and Title of Authorized
Re resentative:
City of Needles
Patrick Martinez, City Manager
11/02/2023
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Item 25.
FY 2022-23 Planning RFA - APPENDIX B
Sub-a licant Name:
Signature of Designated Authorized
Re resentative:
Name and Title of Authorized
Re resentative:
Sub-a licant Name:
Signature of Designated Authorized
Re resentative:
Name and Title of Authorized
Re resentative:
Sub-applicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Sionature:
Sub-applicant Name:
Signature of Designated Authorized
Representative:
Name and Tit le of Authorized
Representative:
Date of Siqnature:
Sub-applicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Siqnature:
Sub-applicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Siqnature:
Dr. Garry Cameron, Superintendent
11/02/2023
11/02/2023
Page B-17
Item 25.
FY 2022-23 Planning RFA - APPENDIX B
Sub-aoolicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Signature:
Sub-aPPlicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Siqnature:
Sub-applicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Siqnature:
Sub-aoolicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Signature:
Sub-applicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Signature:
Sub-applicant Name:
Signature of Designated Authorized
Representative:
Name and Title of Authorized
Representative:
Date of Signature:
Page B-18
Item 25.
FY 2022-23 Planning RFA - APPENDIX A
1 . Cover Page
Print clearly or type all information on this application.
1. Project Name:
Needles Active Transporation Plan
2. Or~anization Name:
City o Needles
3. Type of Organization:
Local Government
4. Contact Name and Title:
Rainie Torrance, Utility Manager
5. Person with Contract Signing Authority (if different from above):
Patrick Martinez
6. Mailing Address and Contact Information:
Street: 817 Third St
City, State, Zip Code:
Needles, CA 92363
7. Phone:
760-326-5700 X140
8. Email:
rtorrance@cityofn eed les. com
9. 121 I have read and understood the terms and conditions of the Sample Grant Agreement.
The undersigned declares that he or she is an official/agent of responding Lead Applicant and Sub-applicants and is empowered to represent, bind, and execute contracts and other agreements on behalf of the Lead Applicant (and Sub-applicants and Project Teams). The undersigned hereby represents, warrants, certifies and declares under penalty of perjury, under the laws of the State of California, that all statements and responses in this application package are true and correct, with full knowledge that all statements and responses are subject to investigation and that any incomplete, unclear, false or dishonest statements or responses may be grounds for rejection of the application, disqualification from this RFA process, termination of any or all executed Grant Agreements and/or other legal consequences.
Printed Name of Responsible Party:
Patrick Martinez
Third Party Certification (if applicable)
Title:
City Manager
Date:
09/07/2023
I have completed the application, in whole or in part, on behalf of the Lead Applicant.
Printed Name of Third Party: Title:
Signature of Third Party: Date:
Amount Being Paid for Application Completion in Source of Funding to Third Party:
Whole or Part:
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Item 25.
FY 2022-23 Planning RFA - APPENDIX A
2. Eligibility Requirement Review
Answer the questions in the table below. Use this section to check that all applicable eligibility requirements have been met.
CARB will also review and confirm that all applicable eligibility requirements have been met. Applications must meet all applicable eligibility requirements to be scored.
Application Section Eligibility Requirements Yes/No/
N/A
Overall Are all sections of the Application Template complete? Yes Overall Was the application received by CARB at I
[email protected] by the Concept Phase Deadline? 1
Yes
Funding Request Is the total budget requested less than or equal to I (Section 4) $500,000? 1
Yes
Timeline (Section 5) Will all CARB Grant Funds be spent by December 31 , I 2026? Yes
Project Community Is more than 50% of the Project Community in Yes (Section 6) disadvantaqed or low-income community census tracts? Applicants and
Partnership Are all Applicants eligible? Yes
Structure (Section 7)
If the Lead Applicant is a local government, is one of the Applicants and Sub-applicants a community-based organization? If the Lead Applicant is a community-based organization, is one Yes Partnership of the Sub-applicants a local government or tribal Structure (Section 7) government? (N/A for tribal governments as Lead Applicants.)
Project Descriptions
and Transportation Are all projects eligible?
1 Yes
Equity (Section 8)
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Item 25.
FY 2022-23 Planning RFA - APPENDIX A
3. Application Summary
Very briefly, summarize the proposed projects. This response will be posted publicly on CARB's website. (Maximum 500 characters)
Input response below:
The City of Needles has over 48 miles of sidewalks area and 43 miles of roadway.
Many of the existing sidewalks are severely damaged, deteriorated, not ADA compliant or non-existent. No bike line master plan has been identified within the City of Needles.
The proposed project is to develop an Active Transportation Plan to identify sidewalk improvements and install bike paths within the City. The project will significantly improve connectivity and pedestrian safety within the City of Needles.
4. Funding Request
Estimate the funding expected to be requested from CARB. Estimate the overall project cost and how much of that cost may be able to be covered by other sources of funding rather than CARB funding (via a resource contribution).
This response will be used to confirm that the total budget requested meets eligibility requirements. (Maximum 350 characters)
Input response below:
The City of Needles is a rural and disadvantaged community. The Active Transportation Plan is estimated to cost $300,000. Without grant funding, the City of Needles is not able to complete this critical plan.
5. Timeline
The Grant Term is expected to start by July 15, 2024. What is the expected timeline for project implementation? By what date will all CARB Grant Funds be spent? This response will be used to confirm that the project timeline meets eligibility requirements. (Maximum 350 characters)
Input response below:
The City of Needles staff will be starting the project as soon as award is provided and committed to completing the project within 1 year of award notice.
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Item 25.
FY 2022-23 Planning RFA - APPENDIX A
6. Project Community
A. Describe the community that the projects will benefit. For example, you may want to describe the residents, workers, and students in the benefitting community, including demographics such as race/ethnicity, age, gender, income level, employment, languages spoken, vehicle ownership, travel patterns to key destinations, and transportation mode share. You may also want to describe the types and quality of transportation options currently available within the community.
This response will be used as background for scoring other application sections. (Maximum 1,500 characters)
Input response below:
The City of Needles is one of the most disadvantaged and isolated, rural communities in the State of California. Located along the Colorado River in San Bernardino County, the city is home to the Fort Mojave Indian Tribe and is gateway to the Mojave National Preserve. San Bernardino County is known for historically high rates of poverty, and the City of Needles is among the most impoverished communities in the state. Needles population is less than 5,000, has a Median Household Income of $48,061, far lower than the average for San Bernardino County ($77,500) and California of ($84,097). Approximately 55% of residents receive welfare assistance. Only
11.3% of residents have a Bachelor's degree or higher. Sidewalk gap completion and safe biking opportunities are highly requested by the community. Despite the lack of safe routes, people still walk along these streets out of necessity. Children and wheelchair users are forced to use the road where there are no sidewalks or inadequate sidewalks, presenting a dire safety risk. Not all households can afford to own or maintain a car. Needles scores in the 2.8th percentile for Automobile Access according to the Healthy Places Index. The proposed project will identify safe bike paths for those residents.
B. Attach a map of the Project Community's boundaries to this application document. Work with the technical assistance providers to create this map in the required format (.shp, .kml, or .kmz file type). This map will be used to confirm that the Project Community meets eligibility requirements and will be used to score whether the Project Community is rural and whether the Project Community has received past planning funding from STEP or similar State programs.
Input name of map file below:
ProjectBoundary-City of Needles.zip
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Item 25.
FY 2022-23 Planning RFA - APPENDIX A
7. Applicants and Partnership Structure
Follow the instructions below. These responses will be used to confirm that the Applicants meet eligibility requirements and will be scored.
A. Lead Applicant: Provide the name of the organization, organization type, and contact information of the Lead Applicant. (Maximum 250 characters) Input information on Lead Applicant below:
The City of Needles
Local Government
Rainie Torrance, Utility Manager
817 Third St. Needles, CA 92363
[email protected]
(760)326-5700 X140
B. Sub-applicants: List the name of the organization and organization type of each Sub-applicant. (Maximum 600 characters)
Input information on Sub-applicants below:
Needles Unified School District, San Bernardino County Sheriff's Department, Needles Area Transit, Needles Senior Center, St. Vincent De Paul (Non-profit) Page A-7
Item 25.
FY 2022-23 Planning RFA - APPENDIX A
C. Community Partners: List the Community Partners, including the name of the organization and organization type if applicable. (Maximum 1,000 characters) Input information on Community Partners below:
The City of Needles has identified the following partners in the Community that can provide input into the Needles Active Transportation Plan; Needles Unified School District, San Bernardino County Sheriffs Department, San Bernardino County Public Health, Tri- State Health (medical facility), Colorado River Medical Center (medical facility), St. Vincent De Paul (non-profit), Needles Housing Authority (local government), Needles Area Transit (local government) and Needles Senior Center (local government).
D. Partnership Structure: Describe the roles and responsibilities of the Lead Applicant, Sub-applicants, and Community Partners and how they plan to work collaboratively on the projects to ensure success. Describe how the partnership structure will focus decision-making power to the community residents impacted by the proposed projects. (Maximum 1,500 characters) Input response below:
The City of Needles will be the lead applicant and will lead all stakeholder input through workshops to incorporate into the Active Transportation Plan. All identified partners are able to provide different aspects of residents needs to incorporate into the Plan. The Needles Unified School District and the San Bernardino County Sheriffs Department has access to the transportation needs of the children.
The San Bernardino County Public Health, Tri-State Health and Colorado River Medical Center has access to the senior citizens and health and safety impacts to the community. St. Vincent De Paul and the Needles Housing Authority has access to the low income and misplaced individuals in the community. The Needles Area Transit and Needles Senior Center have access to all the transportation routes and highly trafficked areas. Each partner is able to collaborate and contribute to the overall success of the Active Transportation Plan.
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Item 25.
FY 2022-23 Planning RFA - APPENDIX A
8. Project Descriptions and Transportation Equity
Describe the proposed project and identify the associated project categories from the RFA. Describe how the proposed project will address or identify community transportation needs or increase transportation equity, connecting the needs of different groups of residents within the Project Community and considering workforce development, community resiliency, and economic opportunity. Describe how the project will develop organizational and community capacity. Lastly, describe potential challenges the Applicants or community may face during project implementation and how these challenges will be addressed.
This response will be used to confirm that the projects meet eligibility requirements and will be scored. (Maximum 3,000 characters)
Input response below:
The City is seeking funding to connect sidewalk gaps, repair broken sidewalks, upgrade curb ramps to ADA compliance, identify bike lanes, and improve visibility, access and transportation in an area of the city with the school district, a senior center, a recreation center, a park, a medical center, and more key destinations. Residents will be able to safely access destinations to improve their quality of life such as place of employment or access information at the Needles Library. A recent survey of residents showed the most frequently visited destinations are the High School, Middle School, Buy Rite Market, and Park. Needles Unified School District does not provide school buses for students in fourth grade through high school, making safe non-motorized access to the Middle School and High School a critical safety issue. Additionally, there is not currently a grocery store in the City of Needles, making the Buy Rite Market a significant destination in the area. The proposed project will encourage healthy lifestyles, improve safety and quality of life, and reduce reliance on motorized transportation for residents in the City of Needles. The project will benefit all residents including children, seniors, and people with disabilities. The City does not anticipate any challenges as the community has continuously asked for and shown support for safe walking ,infrastructure and safe transportation means.
Page A-9
Item 25.
State of California
Financial Information System for California (Fl$Cal)
GOVERNMENT AGENCY TAXPAYER ID FORM
2000 Evergreen Street, Suite 215
Sacramento, CA 95815
www.fiscal.ca.gov
1-855-347-2250
Fl$Cal
Finaqcial Information System for California
The principal purpose of the information provided is to establish the unique identification of the government entity.
Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields marked with an asterisk(*) are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: [email protected], or fax it to (916) 576-5200, or mail it to the address above.
Principal
Government
Agency Name*
Remit-To
Address (Street
or PO Box)*
City of Needles
817 Third St
City* L-....:....:..=..:::..:..::::..:::.. Needles ___________ __, State * I CA Zip Code*+4 p2363-2933I
Government Type: [x] City
D Special District
D Other (Specify)
D County
D Federal
Federal
Employer
Identification
Number
(FEIN)*
l95-6000750 1
List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California.
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Dept/Division/Unit
Name
Contact Person*
Phone number*
Signature*
Barbara Dileo
Complete
Address
Complete
Address
Complete
Address
Complete
Address
Title I Acting Director of Finance
lf6o-326-2115 x134 1 E-mail address I [email protected] I 1�;{)ef Date l{/t'tfaj
EXHIBIT E: PAYEE DATA RECORD
Item 25.
City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Kirsten Merritt
Councilmember Tona Belt
Councilmember Ellen Campbell
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
City Manager Patrick J. Martinez
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: August 23, 2024
1. The City of Needles was recently spotlighted on The Weather Channel's America's Morning Headquarters for its record-breaking July temperatures, surpassing Phoenix as the hottest city in the U.S. The feature showcased how Needles embraces its extreme summer heat, allowing residents and visitors to enjoy outdoor activities such as golf and recreation along the Colorado River. During the segment, Mayor Janet Jernigan and City Manager Patrick Martinez emphasized the community's resilience, highlighting how Needles not only withstands the heat but thrives with one of the "hottest" economies in the United States. Take a look at the interview.
2. Governor Gavin Newsom has launched the Clean California Community Designation Program, a statewide initiative designed to inspire local communities to create cleaner, safer, and more sustainable environments. This innovative program, developed in collaboration with Caltrans, Keep America Beautiful, and Keep California Beautiful, is part of the larger Clean California effort. Supported by Governor Newsom’s $1.2 billion multiyear initiative, Clean California is committed to revitalizing, enhancing, and transforming public spaces throughout the state.
As a proud participant in this initiative, the City of Needles has been awarded $2.4 million to revitalize Needles Marina Park First Beach, now known as Bob Belts Beach Park. This project will beautify and sustain the area, providing an improved public space for the entire community. Additionally, city staff is working diligently to maintain a cleaner community through ongoing clean-up initiatives and beautification efforts, including regular community clean-up events. For more information, please refer to the attached press release.
3. The Duke Watkins Park Improvement Project, with a budget of $3,965,400, is steadily advancing. This past Tuesday saw the completion of key installations, including a small dog park and shade structures, while the Route 66-themed splash pad is beginning to take shape. A ribbon-cutting ceremony is planned for early
October to celebrate the park’s transformation. For a glimpse of the exciting progress, please refer to the attached image showcasing the ongoing enhancements.
4. On Monday, August 19, 2024, the City Manager of Needles attended the CCMTAC Mountain/Morongo Basin/Needles Sub-Regional meeting in Yucca Valley, hosted by the San Bernardino County Council of Governments (SBCOG). City Managers from Big Bear Lake, Yucca Valley, and 29 Palms, along with representatives from Supervisor Rowe's Office and the San Bernardino County CEO's Office, participated in the discussion. The meeting focused on identifying and prioritizing projects for recommendation to the SBCOG Board of Directors. The City Manager presented Needles' key priorities, including housing development, workforce development, clean city programming, and a strategic marketing campaign to promote the community. Further details are available in the attached presentation.
5. This past weekend, Rivers Edge Golf Course hosted the 2024 Rivers Edge Night Golf Tournament with over 40 participants. The course was illuminated, offering a unique experience despite daytime temperatures exceeding 110 degrees. The event was well received, and participants appreciated the opportunity to play in a cool evening with a full moon (refer to the attached image for a glimpse). As a reminder, the course will close for overseeding in nine days, and entire operations will resume on October 4, 2024. Looking ahead, six new tournaments have been scheduled before the end of the year, including the Needles Women's Club Fundraiser on November 16, 2024, and the Jason Smith Memorial on December 7, 2024. The Needles Marina Open will also return on October 19, 2024. Please refer to the attached exhibit for further details on these events. Additionally, if anyone is interested in hosting a golf tournament at Rivers Edge, JJ DeLeon is the point of contact and can be reached at 760-326-3931. We are excited about the upcoming activities and will continue to work to ensure that Rivers Edge remains a valued asset to the community.
6. The City’s Animal Shelter continues to successfully implement its Trap, Neuter, and Release (TNR) Program. As of this week, 153 community cats have been spayed or neutered and returned to their local areas. Below is a detailed breakdown of the locations involved in this week's efforts:
• Needles Animal Shelter - 4
• Rivers Edge Golf Course - 3
• B Street - 10
• N Street - 4
• Spruce Street - 22
• Front Street - 6
• Acoma Street - 5
• Cibola Street - 23
• Desoto Street - 1
• La Mesa Way - 11
• Bazoobuth Street - 22
• C Street - 1
• Walnut Street - 5
• California Ave - 4
• A Street - 6
• Valley Street/E Street - 8
• Chestnut/L Street - 4
• Desnok Street - 2
• D Street - 12
This initiative aims to improve our community by controlling the population of roaming cats, reducing the spread of diseases, and increasing adoption rates, all while working towards eliminating euthanasia at our shelter. If you're ready to
welcome a new furry companion, our adoption fee is just $60. Please refer to the attached images for available pets. To learn more about our adoption process or to schedule a visit, contact the Needles Animal Shelter at 760-326-4952. You can also report roaming cats through the Needles Connect app, available on both the Apple App or Google Play Store.
7. The San Bernardino County Sheriff's Department/Needles Police will host its 5th Annual Trunk or Treat event on Wednesday, October 30, 2024, from 4:00 PM to 6:00 PM. This popular community event will occur at the Recreation Center parking lot at 1705 J Street. If you're interested in participating, please get in touch with Misty Hunt at 760-526-9200 or [email protected]. The Trunk or Treat event is a tremendous success each year, bringing residents together for a fun and festive evening. Participants will have the chance to connect with various local support services, including the CHP, Department of Public Health, Department of Aging and Adult Services, Department of Behavioral Health, and the BLM. In addition to distributing candy, the event will feature food and a lively, family-friendly atmosphere for all to enjoy. Refer to the attached flyer for more information.
8. IMPORTANT UPCOMING DATES:
• Groundbreaking Ceremony: Phase 4A Pavement Management Plan and Obernolte Project September 16, 2024 9am, location TBD. • Community Fall Festival: November 2nd, 2024 from 9:00 AM to 2:00 PM at 950 Front Street. To participate vendors can contact Jennifer Valenzuela, Recreation Manager, via email at [email protected] or directly at 760-326-2814.
News
Aug 3, 2024
Over 20 communities
become first to earn new
Clean California
designation
What you need to know: After three years of the state’s highly successful Clean California initiative — which has created 18,000 jobs and hauled away more than 2.6 million cubic yards of litter across the state — California is launching a new designation program to reward communities for committing to zero-litter policies and regular local cleanups
2. CLEAN CALIFORNIA COMMUNITY
regular local cleanups.
SACRAMENTO — Governor Gavin Newsom today announced the launch of the Clean California Community Designation Program, a statewide effort encouraging local engagement to make communities cleaner, safer, and more sustainable.
The innovative program – in partnership with Caltrans, Keep America Beautiful, and Keep California Beautiful – is the latest feature of Clean California, Governor Newsom’s sweeping $1.2 billion, multiyear initiative led by Caltrans to clean up, reclaim, transform, and beautify public spaces.
The Newsom Administration joined the City of Fresno today to launch the program and designate Fresno as one of 22 California communities first to take the pledge.
For the past three years, Clean California has transformed littered areas around our state into cleaner, greener, and safer spaces. Now, more than twenty communities are stepping up and committing to do the same – becoming our state’s first Clean California Communities. We all deserve to be proud of the neighborhoods we live in, and with this program, we’re making that a reality for more Californians than ever.
Governor Gavin Newsom
Governor Newsom marked three years of Clean California earlier this week. The Clean California program has created 18,000 jobs and hauled away more than 2.6 million cubic yards of litter – enough to cover nine lanes of Interstate 5 with an inch of trash from San Diego to the Canadian border.
The Clean California Community Designation Program highlights localities y g g g g
committed to a number of long-term, zero-litter policies designed to engage residents in supporting community beautification and environmental enhancement. Each municipality must complete 10 of 15 specific criteria to earn the designation. So far, 22 communities have taken this first step. “Today, we celebrated the first communities pledging to earn the Clean California Community designation and encourage others from across the state to join,” said Caltrans Deputy Director Mike Keever during the cleanup in Fresno. “The designation spotlights communities that are zerolitter leaders with a vision for a better tomorrow. These leaders understand the long-term benefits to clean communities, and we applaud them for their efforts.”
Clean California Designation Program criteria include a commitment from t l l ffi i l litt b t t l l l l l d litt
top local officials, a litter abatement plan, regular local cleanups and litter collection drives, establishing measurements tracking litter removal, and engaging local stakeholders and businesses.
In return, designated communities receive “Clean California Community” signage, educational resources, free cleanup kits, cross-promotional Clean California materials, and priority access to Keep America Beautiful national grant opportunities.
The program’s goal is to enlist 100 communities by June 2025. For more information or an application for the Clean California Designation Program, visit cleanca.com/designation.
For other ways to help clean up your own community or to list a cleanup event, visit the volunteer page at cleanca.com/volunteer.
Categories: Press Releases, Recent
News, Top Story
3. DUKE WATKINS PARK UPDATE
3. DUKE WATKINS PARK UPDATE
CCMTAC Subregional Meetings| Summer 2024
4. CCMTAC SUBREGIONAL MEETING
May 2024: Board Ad Hoc Interest Sought
June 2024: Board Ad Hoc Established/First Meeting
July/August 2024: CCMTAC Subregional Meetings
August 2024: Board Ad Hoc – Quick Work Plan Update and Policies and Bylaws discussion
September 2024: General Policy Committee and CCMTAC
Report and Feedback – Work Plan, Policies and Bylaws
October 2024: General Policy Committee
Approval of Work Plan, Policies, and Bylaws
November 2024: Board of Directors
Approval of Work Plan, Policies, and bylaws
Work plan, Policies, and Bylaws
sbCOG Updates Timeline
Functions of SBCOG
• Energy/Resiliency
– IREN
– Evacuation Studies
• REAP Programming
• Agency Liaison
– SCAG
– Countywide Vision
– CALCOG
• Work Plan Programs and Projects
• Grant Assistance/Project
Development
• Housing Trust
• Advocacy
• City/County Conference
• Equity
– Small Business Programs
sbCOG Ad Hoc | Summer 2024
FOUNDATIONS
Work Plan
A. Countywide Vision Elements
B. Collective Approach to Issues
C. Eliminate Duplicative Effort
Education Image
Housing
Environment
Public Safety
Jobs/Economy
Infrastructure
Water Wellness
Quality of Life
Communications
Technology
Work Plan
CCMTAC Sub Regional Meetings| Summer 2024
5. NIGHT GOLF TOURNAMENT
Rivers Edge Golf Course Date Time Player # Format Contact Notes Rebook/New 1 Opening Weekend Scramble 10/5/2024 8:00AM 60+ Scramble JJ DeLeon 8:00AM Scramble $60 PP NEW 2 Needles Marina Open 2024 10/19/2024 8:30AM 120 Scramble Eric Bryant Scramble, Calcutta REBOOK 3 Stauss Golf Group 11/2/2024 10:00 AM 24 Ind. Mike Stauss 24 Players. Private Event NEW 4 Needles Women's Club Fundraiser 11/16/2024 8:30AM 60-80 Scramble Ellen Campbell 8:30 Shotgun/Fundraiser NEW 5 Southern Cal LD's 11/19-20/2024 9:00AM 52 Ind. Steve Avila 2 Day Event. Private NEW 7 Thanksgiving Scramble 11/23/2024 8:00AM 60 + Scramble In House (JJ) 3-Person Scramble NEW 8 Rio Buena Vista Scramble 11/30/2024 9:00AM 96 Scramble Shelby Faulhaber 4-Person Scramble REBOOK 10 Jason Smith Memorial 2024 12/7/2024 8:30AM 144 Scramble Jeremy Smith 3-Person Scramble NEW Book a golf tournament today by contact JJ DeLeon at 760-326-3931 2024 Tournament Schedule
5. TOURNAMENT SCHEDULE
6. ANIMAL SHELTER ADOPTION
7. SBCSD TRUNK OR TREAT
City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Kirsten Merritt
Councilmember Tona Belt
Councilmember Ellen Campbell
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
City Manager Patrick J. Martinez
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: August 30, 2024
1. The Sheriff’s Colorado River Station will conduct Labor Day Marine Enforcement Patrols from Friday, August 30, to Monday, September 2, 2024. San Bernardino County Sheriff's Deputies will patrol the Colorado River by land, water, and air, from the Nevada to Riverside County lines, focusing on identifying and arresting boaters operating under the influence or recklessly (refer to the attached press release).
Deputies will enforce safety regulations, ensuring children under 13 wear required personal flotation devices (PFDs) and encouraging all boaters to use PFDs.
Common violations include transom/bow riding and failing to slow down near law enforcement vessels with activated blue lights. Deputies will also inspect vessels for required safety equipment, such as PFDs, fire extinguishers, and sounding devices.
California boat operators 16-60 years old are required to have in their possession a California Boater Education Card issued by the CA Division of Boating and Waterways. For press releases, news, and information, follow the Colorado River Station on Twitter/X @CORiverStation or Facebook and Instagram at SBCSDColoradoRiverStation.
2. On Wednesday, August 28, 2024, the City Manager of Needles attended the Mohave Sunrise Rotary Club meeting. The discussion focused on the club's dedication to service, integrity, and the promotion of local and global understanding, goodwill, and peace through the collaborative efforts of business, professional, and community leaders. The current Board of Directors includes representatives from businesses serving both Arizona and Needles, such as Baron Pest Solutions, Redmond Construction, Tri-State Wifi, Fairway Constructors, and Findlay Chevy GMC. The City Manager provided an update on the projects underway in Needles, emphasizing the city council's goals of fostering a pro-business environment through collaboration with businesses across the Tri-State Region. Mohave Sunrise Rotary is sponsoring the Annual Bridge to Bridge First Responders Appreciation Day on Saturday, October 12, 2024, from 11 am-2 pm at the Mohave Valley Legacy Community Park at 9200 Aquarius, Mohave Valley. Refer to
the attached flyer for additional information. For more information about the Mohave Sunrise Rotary, click here.
3. City Public Works Staff has been actively implementing temporary repairs on deteriorated streets to ensure road safety until permanent solutions can be applied.
We are committed to maintaining and improving our infrastructure, as evidenced by the ongoing work highlighted in the attached photos of Fairway Drive and the road striping on Erin Drive. We encourage all residents to report any potholes or road issues by contacting the City of Needles billing office at 760-326-2115, pressing #9, or using the Needles Connect app, available on the Apple App or Google Play Store. Your feedback is invaluable as we work together to enhance the quality of our roads. Please do not hesitate to reach out with any concerns or to report issues.
Your involvement is crucial to our community's continuous improvement.
4. The City Council's vision highlights the unique charm of Needles and its prime location along the Colorado River. City staff are dedicated to enhancing public spaces and amenities to ensure Needles is a great place to live, visit, and raise a family. This commitment was evident this week as the Public Works Department focused on maintaining and beautifying our parks, ensuring they are welcoming and well-kept for everyone to enjoy which included Sante Fe Park and Ed Perry Park.
These efforts are part of our broader goal to improve the quality of life in Needles and foster a strong sense of community pride. Attached is an image of our hardworking crews at Sante Fe Park, showcasing their dedication to keeping our public spaces in top condition.
5. City staff are actively working on the Off-Highway Motor Vehicle (OHMV) Route Map as part of the OHMV Pilot Program, which aims to designate specific city streets for off-highway vehicles. Recently, city staff had a productive meeting with representatives from the Bureau of Land Management (BLM) Needles Field Office, the agency responsible for managing public lands in the area. This collaboration, which is built on mutual respect and shared goals, focused on identifying key interface points where BLM trails connect with city streets. It aligns with the City Council’s goals of enhancing public amenities and promoting tourism by offering exceptional recreational opportunities that attract visitors and stimulate the local economy.
6. City Hall will be closed on Monday, September 2, 2024, in observance of Labor Day. Regular operations will resume on Tuesday, September 3, 2024, starting at 8:30 AM. For emergencies, don't hesitate to contact City Staff directly at 760-326- 5700. Our after-hours answering service will promptly direct your call to the appropriate staff member. Please refer to the attached flyer placed on the front door of City Hall for residents' awareness.
7. IMPORTANT UPCOMING DATES:
• Groundbreaking Ceremony: Phase 4A Pavement Management Plan and Obernolte Project September 16, 2024 9am, location TBD.
• SBCSD/Needles Police 5th Annual Trunk or Treat Event on Wednesday, October 30, 2024, from 4:00 PM to 6:00 PM at the Recreation Center parking lot at 1705 J Street. If you're interested in participating, please get in touch with Misty Hunt at 760-526-9200 or [email protected].
• Community Fall Festival: November 2nd, 2024 from 9:00 AM to 2:00 PM at 950 Front Street. To participate vendors can contact Jennifer Valenzuela, Recreation Manager, via email at [email protected] or directly at 760-326-2814.
Advisory Labor Day Holiday Weekend Marine Enforcement
Operations Scheduled for Colorado River and Lake
Havasu
DATE: August 30 - September 2, 2024
INCIDENT: Labor Day Holiday Weekend Marine Enforcement Operations LOCATION: Colorado River and Lake Havasu
SUMMARY: The Colorado River Station will be conducting Labor Day Marine Enforcement Patrol Operations Friday, August 30, through Monday, September 2, 2024. Deputies from the San Bernardino County Sheriff’s Department will be involved in enhanced patrol activities near and on the waterways of the Colorado River patrolling by land, water, and air. Deputies will be deployed from the Nevada State line to the Riverside County line and will be monitoring the waterway for boaters operating watercraft under the influence or in a reckless manner. Persons stopped for operating watercraft under the influence of alcohol and or drugs will be arrested and booked into jail. Deputies will also be closely watching for children under the age of 13 without personal floatation devices (PFD’s) while aboard vessels. The law requires all persons under the age of 13, while onboard a vessel, to wear a personal floatation device. The San Bernardino County Sheriff’s Department encourages all persons to wear personal floatation devices while on the waterways as it is a proven fact personal floatation devices save lives.
Other violations commonly seen by marine patrol deputies are transom/bow riding and blue light violations. With the increasing popularity of wake boarding, wake surfing, and tubing, deputies are noticing an increase of people on vessels who are transom riding. All persons on board a vessel while underway (not moored or at anchor) shall be within the confines of the vessel so the risk of falling overboard or being struck by a propeller is greatly reduced. The blue light law requires all vessels approaching a law enforcement vessel with activated blue lights to come off plane and pass at a no wake speed as to not endanger the deputies and boaters during the stop, and to reduce the chance of damaging vessels.
Deputies will be conducting carriage equipment inspections of all vessels stopped for violations.
These carriage requirements include, a type IV throwable PFD immediately available, enough PFD’s for every person on board the vessel readily accessible, a serviseable fire extinguisher, and a sounding device.
All California vessel operators ages 16-60 years old are required to have in their possession a California Boater Education Card issued by the CA Division of Boating and Waterways. All persons, regardless of age, must possess a California Boaters Card starting in January, 2025. For information on obtaining a card go to
http://californiaboatercard.com/.
The San Bernardino County Sheriff's Department is dedicated to providing a safe boating atmosphere for the public and urges everyone to boat sober and wear their life jackets. For more information regarding safe boating practices, visit the California State Parks Division of Boating and Waterways web site at www.dbw.ca.gov. For press releases, news and information, follow the Colorado River Station on Twitter at: @CORiverStation, and/or Facebook and Instagram @SBCSDColoradoRiverStation.
SBSD - Colorado River Sheriffs Department
Tuesday August 27th, 2024 :: 12:40 p.m. PDT
1. SBSD UPDATE ADVISORY
Refer: Corporal E. Blackard or Deputy W. Poe
Station: Colorado River Station
Phone No. (760) 326-9200
SHANNON D. DICUS, Sheriff-Coroner
San Bernardino County Sheriff-Coroner Department
Address/Location
SBSD - Colorado River Sheriffs Department
1111 Bailey Ave
Needles, CA 92363
Contact
Emergency: 9-1-1
Saturda 0ctober 12, 202411
��___...._..Mohave Valley �egacy Community eatrt
9200 Aquarius, Mohave Valley
Community Event & All are Welcome!
__ __..-.,.....,.......-Gral5 ttie family & show your appreciation to our First Responders from Bridge to Bridge.
First Responders & their families from:
Bullhead City, Fort Mohave, Golden Shores, Laughlin,
Mohave Valley, Needles, Topock & Oatman are invited!
*Music* Bounce House* Raffle Prizes* CASH Drawing for all First Responders * * Mohave Sunrise Rotary Corn Hole Tournament *
" Free Pulled Pork Lunch " Chili Cook-Off "
For more Information or to enter The Chilli Cook-off or Sponsorship's Call BHC/MV Association of REALTORS® 928-758-4808
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2. SUNRISE ROTARY
3. PUBLIC WORKS REPAIRS
3. PUBLIC WORKS REPAIRS
4. PUBLIC WORKS ENHANCING PUBLIC SPACES
THIS OFFICE WILL BE CLOSED ON
MONDAY SEPTEMBER 2, 2024, FOR
LABOR DAY
WE WILL REOPEN ON TUESDAY
SEPTEMBER 3, 2024, AT 8:30 A.M.
6. CITY HALL CLOSED