HomeMy WebLinkAboutAdopt Resolution No. 2023-63 Approving the Application for W (2) DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
CALIFORNIA COASTAL COMMISSION
STANDARD GRANT AGREEMENT
(Rev 02/2024) AGREEMENT NUMBER
PC-23-05
STATE CONTROLLER'S OFFICE IDENTIFIER FEDERAL ID NUMBER
3720-PC2305 95-6000723
1. This Agreement is entered into between the State Agency and the Grantee named below:
STATE AGENCY'S NAME
California Coastal Commission
GRANTEE'S NAME
City of Huntington Beach
2. The term of this
Agreement is: May 1, 2024 Through September 30, 2025 (End Term Date)
3. The maximum amount $50,000.00
of this Agreement is: Fifty Thousand Dollars and Zero Cents
4. The parties agree to comply with the terms and conditions of the following EXHIBITS, which are by this reference
made a part of the Agreement.
EXHIBIT A— Scope of Work 8 pages
EXHIBIT Al-Definitions 1 page
EXHIBIT B— Budget 1 page
EXHIBIT B1 —Budget Detail and Payment Provisions 2 pages
EXHIBIT C— General Terms and Conditions 4 pages
EXHIBIT D— Special Terms and Conditions 4 pages
Check mark one item below as EXHIBIT D Attachment:
❑ EXHIBIT D1 —Local Coastal Programs Terms and Conditions
® EXHIBIT D2—WHALE TAIL®Terms and Conditions 3 pages
EXHIBIT E—Grantee Certification Clauses Form (GCC-01/2019) 4 pages
EXHIBIT F—Amendment Template(Informal) 1 page
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
GRANTEE California Coastal Commission
Use Only
GRANTEE'S NAME(if other than an individual,state whether a corporation,partnership,etc.)
City of Huntington Beach ® This agreement is exempt from
approval by the Department of General
BY(Authorized Signature) �yq,,edby: DATE SIGNED(Do not type) Services per SCM Vol. 1 4.06(see 58 Ops.
C� 05/20/2024 Cal.Atty.Gen 586 and 63 Ops.Cal.Atty.
Gen.290).
PRINTED NAME AND TITLE OF pERsonlIGNING
Scott Haberle, Fire Chief
ADDRESS
2000 Main Street, Huntington Beach, CA 92648
STATE OF CALIFORNIA
AGENCY NAME
California Coastal Commission
BY(Authorized Signature)�oOC1S edgy; DATE SIGNED(Do not type)
05/20/2024
PRINTED NAME AND TITL-E-urlOgRVWFSIGNING
Jessica Chan, Director of Fiscal & Business Services
ADDRESS
455 Market Street, Suite 200, Room 228, San Francisco, CA 94105
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City of Huntington Beach
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EXHIBIT A
SCOPE OF WORK
(WHALE TAIL®)
1. Grantee agrees to expend grant funds provided by the Commission only for and in
accordance with project activities as described under the Scope of Work attached
hereto as EXHIBIT A.
2. The Project representatives during the term of this agreement will be:
State Agency: Grantee:
California Coastal Commission City of Huntington Beach
Name: Chris Parry ("Grant Manager") Name: Scott Haberle
Public Education Program Manager Title: Fire Chief
Address: Address:
455 Market Street, Suite 200, Room 228 Attn: Fire Department
San Francisco, CA 94105 2000 Main Street
Huntington Beach, CA 92648
Phone: (415) 904-5208 Phone: (714) 536-5419
Email: Email: Bonnie.To@surfcity-hb.org
3. All inquiries will be directed to:
State Agency: Grantee:
California Coastal Commission City of Huntington Beach
Section/Unit: Public Education Program Fire Department
Name: Annie Kohut Frankel Name: Doug Leach
("Grant Manager") Title: Marine Safety Battalion Chief
Address: Address:
455 Market Street, Suite 200, Room 228 103 Pacific Coast Highway
San Francisco, CA 94105 Huntington Beach, CA 92648
Phone: (415) 597-5888 Phone: (714) 536-5660
Email: Annie.Frankel@coastal.ca.gov Email: Doug.Leach@surfcity-hb.org
J
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EXHIBIT A
SCOPE OF WORK
Protect Our Coast& Oceans Fund Grant
Local Assistance Funds
WHALE TAIL® Grants Program
Title: Beach Ranger Coastal Education Program
Organization: City of Huntington Beach
Term of Project: May 1, 2024— September 30, 2025
Federal Tax ID#: 95-6000723
A. PROJECT DESCRIPTION
A four-week program will engage approximately 120 youth ages 9-17 residing in
Huntington Beach's Oak View community in beach and ocean education, safety, and
recreation in a.version.of Huntington Beach Junior Lifeguards program without a
swimming skill prerequisite.
Beach Rangers takes place in summer for four hours twice a week over four weeks: The
curriculum is a scaled-down version of the Huntington Beach Junior Lifeguards.
Participants are transported on Ocean View School District buses leaving from Oak
View Elementary.
Week 1 includes introduction to the program, stretching and calisthenics; emergency
procedures and response; rules of the beach and ocean, and the basics about rip
currents, waves, marine life, and tides. Week 2 includes visiting and learning about the
California State University Long Beach Shark Lab, Huntington Beach Fire Department,
and Marine Mammal Center, and learning basic floating and survival skills at Seabridge
Beach. Week 3 includes skill building in the waves, more time at Seabridge Beach, and
learning Hands Only CPR. Week 4 includes review of lessons learned like rip current
identification, coastal ecology, marine environment, and lifesaving skills.
Participants will take a.pre-/post-survey related to beach and ocean safety, coastal
education, and California coastal ecology, and a pre-/post self-assessment of water
knowledge and swimming skills.Informal conversations with-participants will collect
qualitative data and Beach Ranger instructors will provide feedback at program
conclusion.
The grant funding will be recognized in social media posts relating to Beach Ranger
activities; with the logo on the Beach Ranger uniform rash guard; on the Beach Ranger
Program webpage; on a presentation slide deck for presentations to local, regional, and
national conference groups; on program banner used during program registration; and
on "Step and Repeat" banner for the end of session ceremony.
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EXHIBIT A
Goals and Objectives
Provide essential education about water safety and understanding the risks associated
with Coastal environments, rip currents, tides, and marine life.
• All participants should be able to explain a rip current and how to escape one
• Have participants discuss the local marine life and how they may impact a visit to
the beach (I.e..stingrays, sharks, sand crabs)
• Have participants explain how tides work
• Have at least half the participants report an increased connection to coastal
environments via pre- and post- program surveys
Create environmentally conscious youth ambassadors.
• Participants will have an awareness of environmental conservation through
curriculum emphasizing environmental education, ecology, and preserving the
marine environment.
• Build self-esteem, confidence, and problem-solving skills to extend to other areas
of their lives.
• Learn teamwork and collaboration while developing leadership skills by taking on
roles within the program.
• Offer insights to career opportunities in conservation, marine biology,
oceanography, sciences, and civil service.
Promotion of lifelong recreational opportunities provided by the coastal environment and
encourage participants to engage in safe water activities throughout their lives while
promoting a healthy lifestyle and recreational habits.
• Improve participants' swimming abilities and offer swim lessons in partnership
with swim instruction entities.
• Promote physical fitness through exercise and conditioning.
• Engage in swimming, paddling, running, team activities that promote overall
health, well-being, and camaraderie.
• Encourage a water-safe and drowning-prevention culture by educating
participants about water safety and basic rescue techniques, so the likelihood of
accidental drownings may be significantly reduced.
• Have at least 50% of participants show an improved self-assessment regarding water safety and swim ability
Expand programming opportunities to other regional communities.
• Conduct introductory discussion meetings with at least two other Orange County
cities to explore expansion opportunities for the Beach Ranger Program.
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EXHIBIT A
B. TASKLIST AND TIMELINE
Date Project Stage Tasks
May-June Program Prep • Community Outreach
2024 • Program Enrollment
• Meet with school district administrator stakeholders
• Logistical planning with partners
July-August Program • Introduce students to Beach Ranger Program
2024 Implementation • Conduct pre-test to evaluate students' knowledge of
beach/ocean safety, coastal education, and the
importance of California Coastal Ecology during the
first day of the program
• Conduct self-assessment related to swimming skills
during first week of program, and start tracking
impact
• Implement the curriculum plan to address all the
necessary sections,and track quantitative and
qualitative data regularly
• Conduct post-test on last day of program,and finalize
tracking progress
• Conduct updated self-assessment of swimming
skills during last week of program
August 2024 Program • Compare results of pre-test and post-test to
Evaluation/ understand the knowledge retention of program
Follow up participants
• Review self-assessments of swim skills
• • Analyze the quantitative and qualitative data tracked
regularly throughout the program
• Compile program reports
• Confer with Beach Ranger Instructors as a focus group
to determine satisfaction with program,elements that
worked best and what needs improvement
March-June Program Prep • Community Outreach
2025 • Program Enrollment
• Meet with school district administrator and
stakeholders
• Logistical planning with partners
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EXHIBIT A
July-August Program • Introduce students to program
2025 Implementation • Conduct pre-test to evaluate students' knowledge of
beach/ocean safety, coastal education, and the
importance of California Coastal Ecology during the
first day of the program
• Conduct self-assessment related to swimming skills
during first week of program, and start tracking
impact
• Implement the curriculum plan to address all the
necessary sections, and track quantitative and
qualitative data regularly
• Conduct post-test on last day of program
• Conduct updated self-assessment of swimming
skills during last week of program
August 2025 Program • Compare results of pre-and post-test to understand
Evaluation/ the knowledge retention of program participants
Follow up • Review self-assessments of swim skills
• Analyze the quantitative and qualitative data tracked
regularly throughout the program
• Compile program reports
• Confer with Beach Ranger Instructors as a focus group
to determine satisfaction with program, elements that
worked best and what needs improvement
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EXHIBIT A
C. EVALUATION AND REPORTING
2 reports-1 progress report and.a final report—will be due to the Coastal Commission,
as specified below.
Progress Report. The progress report shall be submitted by September 30, 2024 and
shall briefly describe progress on the project to date, any problems or concerns, and
any adjustments to the program. Progress reports are opportunities to check in,so
Commission staff may offer support if grant adjustments are needed. Progress reports
should be brief and can be submitted by email to the Grant Manager at
Annie.Frankel@coastal.ca.gov or through a phone conversation with the Grant
Manager. Additional check-ins are always available upon request. If at any time you
think you might need to make a change to the approved scope or budget of your grant,
contact your Grant Manager.
Please also contact your Grant Manager if you.have grant-funded programming you
would like the Coastal Commission to consider promoting on our social media or if you
have project photos to share.
Final Report. Your final report is submitted at the end of the contract period. It tells the
story of your project including what was accomplished and learned. In addition to
informing the Coastal Commission about the results of your project, the final report
serves several purposes. It helps the Whale Tail Grants Program hold itself accountable
to the goals of supporting marine and coastal education and conservation with an
emphasis on communities that have historically received fewer such opportunities. And
when we share the results of the Program, based on reports from grant recipients, it's a
way for the public to hold us accountable. Your final report is also an opportunity for us
to learn from your experience, which will help strengthen the Whale Tail Grants
Program.in the future.
(If you have already presented some of the information below in another format, such as
an annual report, you may substitute that for the relevant questions below. We do,
however, need details that are specific to the project that was paid for by this grant.)
Please include the following in your final report:
A. Introduction —A brief recap of the project that was funded by the grant. (This could be
a summary of the project description in your grant agreement.)
B. Participants/Audience—A description of program participants or audience. If you
have multiple types of engagements/experiences in your project with different
participants, be sure to break down participation by project element if appropriate. Be as
specific as possible, including the following:
• How many people did you engage through this grant?
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EXHIBIT A
• What type of outreach did you do, and where? How did people learn about your
program?
• What were your participant demographics, as applicable, for example
race/ethnicity, age or grade level, English/non-English speakers, income level or
other income indicators such as percent of students eligible for free and reduced
lunch program, LGBTQ2S+ status, disability status, and/or other descriptors and
identities. Please include numbers or percentages whenever possible.
• If working with students, include the school name(s) and city and how many
students you engaged from each school.
• If project participants are not reached through schools, what city or
neighborhood(s) are they from? Please include numbers or percentages whenever
possible.
C. Program Implementation -A description of what happened.
• List your original project goals and objectives (see project description). Provide a
summary of what was accomplished relative to the project goals and objectives.
If any goals or objectives changed during the course of your project, describe
that here.
• Include any other details you think are helpful to understanding what happened
during your project.
• If applicable, describe any unanticipated factors that impeded. or contributed to
the success of your program. How were they handled? In hindsight, would you.
have done anything differently?
• If this program will continue past the grant period, do you plan to make changes
in the future?
• How and with whom did you share the outcome of your program, as applicable?
D. Funding Recognition — How and where did you recognize the Whale Tail Grants
Program as a funder of your project? Include screenshots and copies of relevant
materials.
E. Tracking and Assessing Impact— How and what do you know about your program's
impact?
• In what way(s) did you collect or capture data about your project's impact? How did
you evaluate your success?
• What do your results tell you about your impact? How might it shape your future
work?
• Include relevant data, which, depending on your project, might include participant
quotes, interview notes, survey results, sample student products,pounds of trash
collected, or other types of data you collected to measure impact.
• As applicable, include samples of the tools you used to track and measure your
impact, such as surveys, pre/post tests, or data sheets.
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EXHIBIT A
F. Any media coverage of your project. Include pdfs of articles, links to websites, or
other evidence of coverage if applicable.
G. Copies of all products created as part of this grant, such as translations,'
outreach pieces, curricula, how-to manuals, as applicable.
H. Photographs illustrating your project.
• Submit jpgs or pngs as separate files rather than (or in addition to) embedded in
a document. These can be sent as email attachments or as a link to a cloud
folder. Make sure the folder is accessible if using this method.
• Note whether the Coastal Commission has permission to use and share your
photos to publicize the results of the WHALE TAIL®grants program. If permission
is granted, photos may be used on webpages, in presentations,or reports, or on
social_media, with credit to your organization.
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EXHIBIT Al
DEFINITIONS
1. The term "Agreement"; this Grant Agreement.
2. The term "Budget Act"; the annual enacted version of the Budget Bill which makes
appropriations for the support of the government of the State of California.
3. The term "Deputy Executive Director"; the Deputy Executive Director of the
Commission.
4. The terms "Commission" or"Coastal Commission" and the acronym "CCC" all refer
to the California Coastal Commission.
5. The term "Executive Director"; the Executive Director of the Commission.
6. The term "Grant" or"Grant Funds"; in the case of LCP grants, the money provided by
the California Climate Investments program or, in the case.of Public Education
grants, sales and renewals of the WHALE TAIL®Specialty License Plate, or California's
Voluntary Tax Check-Off Program, or General Fund/Local Assistance, and
administered by the Coastal Commission to the Grantee pursuant to this Agreement.
7. The term "Grant Manager"; the representative of the Commission with authorization
per the Executive Director to administer and provide oversight of theGrant.
8. The term "Grantee"; an applicant who has a signed agreement for Grant Funds.
9. The term"Project"; the activity described under the Scope of Work, attached as
EXHIBIT A, to be accomplished with Grant Funds:
10. The term "Project Budget"; the Commission approved cost estimate submitted to the
Commission's Grant Manager for the Project. The Project Budget shall describe all
labor and material costs of completing each component of the Project. The Project
Budget shall contain itemized amounts permissible for each item or task described in
the Scope of Work. The Project Budget must include the set administrative and
indirect costs agreed upon by the Parties if applicable.
11. The term "Public Agency"; any State of California department or agency, a county,
city, public district or public agency formed under California law. '
12. The term "Scope of Work" refers to EXHIBIT A, including the approved Project
Description, Tasks,and Schedules. '
13. The term"Termination Date"; the date by which all activity for the project must be
concluded, as specified in the signature page of this Agreement. Work performed
after this date cannot be reimbursed.
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EXHIBIT B
BUDGET
(WHALE TAIL®)
2023/24
Protect Our Coast and Oceans Fund
Personnel Services
Salary and Wages
7 Ocean Lifeguards ($33.41/hr x 223.97 hrs) $7,483
8 Senior Ocean Lifeguards ($40.73/hr x 255.97 hrs) $10,426
8 Supervising Ocean Lifeguards ($47.75/hr x 255.95 hrs) $12,222
Marine Safety Captain ($74.79/hr x 31.99 hrs) $2,393
Program Coordinator ($30.31/hr x 32 hrs) $970
Subtotal Salary and Wages $33,494
Benefits $0
Total Personnel Services $33,494
Operating Expenses.
General,Expenses* $16,506
Total Operating Expenses $16,506
Administrative Overhead $0
Total Budget $50,000
* General Expenses include student supplies and uniform items, food as
necessary for student participants during programming.
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EXHIBIT B1
BUDGET DETAIL AND PAYMENT PROVISION S
(WHALE TAIL®)
1. Request for.Funds
A. For performance of project activities deemed satisfactory by the Commission's
Grant Manager during the term of this Agreement as specified in EXHIBITS A
and B (Scope of Work and Project Budget) and upon receipt and approval of
submitted invoices,the Commission agrees to reimburse Grantee for actual
expenditures incurred in accordance with the rates specified herein or attached
hereto.
B. Invoices shall be submitted in arrears not more frequently than monthly via email
(preferred method) to Annie.Frankel@coastal.ca.gov or mailed in duplicate to:
California Coastal Commission
Attn: Annie Frankel, Public Education Program
455 Market Street, Suite 200, Room 228
San Francisco, CA 94105
C. Invoices shall contain the following information:
1. Grantee's name and address as shown on this Agreement.
2. Invoice number and date of the invoice.
3. Time period covered by.the invoice.
4. Grant number as shown on this Agreement.
5. Original or digital signature of the grantee.
6. Itemized costs for the billing period in the same or greater level of detail as
indicated in this agreement, with supporting documentation. Only those costs
and/or cost categories expressly identified in this agreement may be
reimbursed.
D. Notwithstanding the foregoing, the Grant Manager of the Commission may request
and the Grantee shall provide receipts or other source documents for any other
direct expenditure or cost as described in the invoice, as and when necessary to
resolve any issue concerning reimbursement.
E. The Grantee's failure to fully execute and submit an invoice, including attachment
of supporting documents, may relieve the Commission of its obligation to disburse
funds to the Grantee unless and until the Grantee corrects all deficiencies.
F. Any invoice that is submitted without the required itemization and documentation
will not be authorized. If the invoice is incomplete, inadequate or inaccurate, the.
Commission will inform the Grantee and withhold payment until all required
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EXHIBIT B1
information is received or corrected. Any monetary claims made by a contractor
against the Grantee, or other consequence, because of delays in payment shall be
the sole responsibility of the Grantee and is not reimbursable under this Agreement.
Grantee further agrees to indemnify the Coastal Commission from any such claim,
and the parties herein expressly agree that provision of grant funds to Grantee
pursuant to this Agreement does not create any sort of relationship as between the
Grantee's contractor(s) and the.Coastal Commission.
G. Grant Funds in this award have a limited period in which they must be expended.
Grantee expenditures funded by the Commission must occur before the
Termination Date.
H. The Grantee shall expend Grant Funds in the manner described above in EXHIBIT
A(Scope of Work) and itemized in EXHIBIT B (Budget), subject to approval by the
Coastal Commission's Grant Manager. Expenditure on items contained in the
approved Project Budget may vary by as much as ten percent without prior
approval by the Commission. In any event, the total amount of the Grant Funds
may not be increased,except by written amendment to this Agreement.
2. Budget Contingency Clause
A. It is mutually agreed that if the final Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate sufficient
funds for the Grant Program, this Agreement shall be of no further force and
effect, and the Commission shall have no liability to pay any funds whatsoever to
Grantee or to furnish any other consideration under this Agreement and Grantee
shall not be obligated to continue performance under the provisions of this
Agreement.
B. If funding for any,fiscal year is reduced or deleted.by the Budget Act for purposes
of this Grant Program, the Commission shall have the option at its sole discretion
to either cancel this Agreement with no liability accruing to the Commission or
enter into an agreement amendment with Grantee to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made no later than 45 days following receipt of properly submitted,
undisputed invoices except as otherwise set forth in, and in each case in accordance
with, the California Prompt Payment Act, Government Code section 927, et seq.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties
and approved by the California Coastal Commission. Grantee may not commence
performance until such approval has been obtained.
2. AMENDMENTS: This Agreement may only be amended by mutual agreement in
writing between Grantee and the Commission. Any request by the Grantee for an
amendment must state the amendment request and reason for the request and shall
be submitted in writing, such as by email or letter. The Grantee shall strive to make
requests immediately upon discovering that an amendment may be needed. No oral.
understanding or agreement not incorporated into the Agreement in writing is binding
on the parties:
Except as otherwise provided herein, the Grantee shall expend Grant Funds in the
manner described in the Scope of Work (EXHIBIT A) and Project Budget (EXHIBIT
B) approved by the Commission. In any event, the total amount of the Grant Funds
may not be modified, except by written amendment to this Agreement: Any
subsequent changes or additions to the Scope of Work and Project Budget approved
by the Commission in writing are hereby incorporated by reference to this Agreement
as though set forth in full in this Agreement. Changes to the grant term and/or the
total amount of Grant Funds will require a formal amendment, while changes to
Scope of Work (EXHIBIT A) and the Project Budget (EXHIBIT B) may be done
through an informal amendment, found in EXHIBIT F.
3. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole
or in part, without the consent of the Commission in the form of a formal or informal
written amendment.
4. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses
accruing or resulting to any and all consultants, subconsultants, suppliers,
laborers, and any other person, firm or corporation furnishing or supplying work
services, materials, or supplies in connection with the performance of this.
Agreement, and from any and all claims and losses accruing or resulting to any
person, firm or corporation who may be injured or damaged by Grantee in the
performance of this Agreement.
5. DISPUTES: Grantee shall continue with the responsibilities under this Agreement
during any dispute.
6. NO CREATION OF AGENT RELATIONSHIP: Grantee, and the agents and
employees of Grantee, in the performance of this Agreement, shall act i.n an
independent capacity and not as officers or employees or agents of the State.
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EXHIBIT C
7. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Grantee and its consultants, subconsultants shall not unlawfully discriminate,
harass; or allow harassment against any employee or applicant for employment
because of sex, race, color, ancestry, religious creed, national origin, physical
disability (including HIV and AIDS); mental disability, medical condition (e.g.,
cancer), age (over 40), marital status, and denial of family care leave. Grantee and
consultants shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and consultants shall,comply with the provisions of the Fair Employment
and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et
seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of
Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full.Grantee and
its consultants shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement.
Grantee shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
8. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES
contained in the document GCC-1/2019 are hereby incorporated by reference and
made a part of this Agreement (EXHIBIT E) by this reference as if attached hereto.
9. TIMELINESS: Time is of the essence in this Agreement.
10. COMPENSATION: The consideration to be paid Grantee, as provided herein, shall
be in compensation for all of Grantee's expenses incurred in the performance
hereof, including travel, per diem, and taxes, unless otherwise expressly so
provided:
11. GOVERNING LAW: This agreement is governed by and shall be interpreted in
accordance with the laws of the State of California.
12. ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that
if services or goods are obtained through a public purchase by means of a
competitive bid, the Grantee shall comply with the requirements of the Government
Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1
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EXHIBIT C
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney
General may bring an action pursuant to subdivision (c) of Section
16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees
that if the bid is accepted, it will assign to the purchasing body all rights, title,
and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by
the bidder for sale to the purchasing body pursuant to the bid. Such
assignment shall be made and become effective at the time the purchasing
body.tenders final payment to the bidder. Government Code Section,4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned.
under this chapter, the assignor shall be entitled to receive reimbursement for
actual legal costs incurred and may, upon demand, recover from the public
body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price, less the expenses incurred in obtaining that
portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose,and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
13. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the Grantee acknowledges in accordance with Public Contract Code
7110, that:
a. The Grantee recognizes the importance of child and family support , • .
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but.not limited to,
disclosure of information and compliance with earnings assignment orders, as
provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9
of the Family Code; and
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EXHIBIT C
b. The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
14. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
15. PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in
excess of$200,000, the Grantee shall give priority consideration in filling
vacancies in positions funded by the Agreement to qualified recipients of aid under
Welfare and Institutions Code Section 11200 in accordance.with Pub. Contract
Code §10353..
16. AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING: Commission
projects are subject to audit by the State annually and for three (3) years following
the payment of Grant Funds.Accordingly, Grantee shall maintain orderly, accurate
and complete documents and records of all financial accounts, costs, disbursements,
receipts and other matters relating to this Agreement consistent with the policies
outlined in :EXHIBIT C, hereto, for the Project and shall make them available to the
State or the Commission for auditing, inspecting and copying at reasonable times.
Grantee agrees to allow the auditor(s) to interview any employees who might
reasonably have information related to such records. Further, Grantee agrees to
include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Agreement. (.Gov. Code §8546.7, Pub.
Contract Code §101.15 et seq., CCR Title 2, Section 1896). Grantee shall also
retain such documents and records for three (3) years after final payment and one (1)
year following.an audit unless a longer period of records retention is stipulated. The
documents for audit should be retained onsite.
Grantee shall use applicable Generally Accepted Accounting Principles published by
the American.Institute of Certified Public Accountants.
If Grantee stated in the Project Budget that other sources of funding will be used to
complete the Project, the Grantee shall establish internal systems to track
expenditures of matching or in-kind funds on a regular basis and will make the
documentation available to the Commission upon request.
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EXHIBIT D
Special Terms and Conditions
1. PROJECT EXECUTION:
A. Grantee shall complete the Project before the Termination Date.
B. Subject to the availability of funds, the Commission hereby grants to the Grantee
the sum $50,000 (Grant Funds) not to exceed the amount stated on the signature
page in consideration of and on condition that the sum be expended in carrying
out the purposes as set forth in the description of the Project in this Agreement
and its attachments and under the terms and conditions set forth in this
Agreement.
C. Prior to the commencement of any Project work, Grantee agrees to submit in
writing to the Commission for prior approval any deviation from the original
Scope of Work pursuant to EXHIBIT A and the Project Budget pursuant to
EXHIBIT B. Changes in the Scope of Work or Project Budget must continue to
ensure timely and effective completion of the Project, including where,
applicable a new or updated Local Coastal Program for certification by the
Commission. Any modification or alteration in the Scope of Work or Project
Budget on file with the Commission must be submitted to the Commission for
approval. Changes to the Scope of Work or Project Budget shall require an
amendment to this Agreement (see "Amendments" under EXHIBIT C).
D. Grantee shall furnish any and all additional funds that may be necessary to
complete the Project.
E. As applicable, Grantee shall ensure that Project work excludes any and all
Project work that was funded through previously awarded grants or the
matching funds identified through previously awarded grants so as to ensure
that current grant funding.is not duplicative of previous grant funding. Such
grants include, but are not limited to, WHALE TAIL®Grants; other grants
previously awarded by the Coastal Commission; grants awarded by the Ocean. '
Protection Council, California State Parks, the Natural Resources Agency, the
State Coastal Conservancy, and other governmental and non-governmental
entities.
F. Final invoicing shall be submitted promptly following the termination date of the
grant or upon a date mutually agreed upon by the Grantee and the Grant
Manager.
G. Grantee certifies that the Project does and will continue to comply with all current
laws and regulations which apply to the Project, including, but not limited to, the
California Coastal Act, health and safety codes, and disabled access laws.
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EXHIBIT D
2. POTENTIAL CONSULTANTS/CONTRACTORS
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the Commission and any consultants, and no contract shall relieve the Grantee
of its responsibilities and obligations hereunder. The Grantee agrees to be as fully
responsible for the acts and omissions of its consultants and of persons either directly
or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the Grantee. The Grantee's obligation to pay its consultants is an
independent obligation from the Commission's obligation to make payments to the
Grantee. As a result, the Commission shall have no obligation to pay or to enforce the
payments of any moneys to any consultants.
The Grantee agrees to include in any agreement with any consultant and/or
subconsultant under the Grant Project terms that preserve the rights, interests, and
obligations for the benefit of the Commission and its funding sources as described in
EXHIBIT C ("General Terms and Conditions") and EXHIBIT D/D1/D2 ("Special Terms
and Conditions") of this Grant Agreement.
If all or any part of the Project to be funded under this Agreement will be performed by
third parties under contract with the Grantee, prior to executing an agreement for
services, the Grantee shall inform the Grant Manager of the selection of the third party.
Grantees seeking subcontractors under this Agreement to perform any services
exceeding the cost of$10,000.00 shall select those contractors pursuant to a process
that seeks three competitive quotations or adequate justification for the absence of
bidding.
All consultants and subcontractors are subject to all terms and conditions of this
agreement in accordance with the California State Contracting Manual. Consultants
seeking travel reimbursement see "Travel Reimbursement" clause below.
3. PROPERTY PURCHASED
The Grantee agrees to continue using property purchased under this Agreement for the
purposes outlined in:this Agreement or similar activities until it is fully consumed (i.e., is
either fully distributed, damaged, worn-out, or becomes obsolete).
Grantees shall receive prior authorization in writing by the Commission before
reimbursement for any purchase order or subcontract exceeding $10,000.00 for any
articles, supplies, equipment, or services. The contractor shall provide in the request for
authorization all particulars necessary for evaluation of the necessity or desirability of
incurring such cost and the reasonableness of the price or cost.
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EXHIBIT D
4. SETTLEMENT OF DISPUTES
If the Grantee believes that there is a dispute or grievance between Grantee and the
Commission arising out of or relating to this Agreement, the Grantee shall first discuss
and attempt to resolve the issue with the Commission's Grant Manager. If the issue
cannot be resolved at this level, the Grantee shall follow the following procedures:
If the issue cannot be resolved directly with the Grant Manager, the Grantee shall
submit, in writing, a grievance report together with any evidence to the Deputy Executive
Director of the Commission. The grievance report must state the issues in the dispute,
the legal authority, or other basis for the Grantee's position and the remedy sought.
Within ten (10) days after receipt of the grievance report, the Deputy Executive Director,
or his/her designee, shall meet in person or via phone with the Grantee and the.Grant Manager for purposes of resolving the dispute. The decision of the Deputy Executive
Director following such a meeting shall be final.
5. WAIVER AND RELEASE
Grantee hereby waives all claims and recourses against the Commission, including the
right to contribution for loss or damage to persons or property arising from, growing out of
or inany way connected with or incident to this Agreement, except for claims for
reimbursement of costs due under this Agreement, recovery of which shall be limited to
the total amount properly incurred hereunder and in no event exceed the total amount of
Grant Funds provided for hereunder. Grantee acknowledges that it is solely responsible
for its compliance with the terms of this Agreement.
6. REALLOCATION OF FUNDS
If Grantee fails to meet the performance criteria and/or Benchmarks in this Agreement,
the Executive Director or his designee may immediately upon written notice cancel this
Agreement or request to amend the Agreement, and as feasible, re-allocate any
unspent funds to one or more of the other approved Grantees that needs additional
funding or whose grant was not fully funded.
Should a Grantee not need the full amount of funds awarded by the Commission, they
shall notify the Grant Manager as soon as possible so that any remaining allocated but
unspent funds may be redistributed, as feasible. In addition, should Grantee fail to enter
into an agreement necessary for its performance hereunder in a timely manner, the
Executive Director or his designee may, upon Commission approval, reallocate funds to
supplement an already awarded grant.
7. SURVIVAL
The obligations in the "INDEMNIFICATION" and "AUDIT REQUIREMENTS AND
FINANCIAL RECORDKEEPING "clauses of the General Terms and Conditions
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EXHIBIT D
(EXHIBIT C), and in the "ACKNOWLEDGMENT" and "WORK PRODUCT" clauses in
the Special Terms and Conditions (EXHIBIT D1), as well as any other provisions in this
Agreement that by their nature are intended to survive termination or expiration, shall
survive the termination of this Agreement.
8. WAIVERS GENERALLY
No term or provision hereof will be considered waived by either party, and no breach
excused by either party, unless such waiver or consent is in writing and signed on
behalf of the party against whom the waiver is asserted. No consent by either party to,
or waiver of, a breach by either party, whether expressed or implied, will constitute
consent to, waiver of or excuse of any other, different or subsequent breach by either
party.
9. EXECUTIVE DIRECTOR'S DESIGNEE
The. Executive Director shall designate a Commission staff Grant Manager who shall
have authority to act on behalf of the Executive Director with respect to this Agreement.
Grantee shall be notified of such designation in writing.
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EXHIBIT D2
WHALE TAIL®Terms and Conditions
1. ACKNOWLEDGEMENT
The Grantee shall acknowledge the support of the Commission, and specifically that the
funding is from the Commission's WHALE TAIL®Grants Program, on publicity, outreach
or educational materials prepared under this Agreement, or when publicizing such work
in any media. The WHALE TAIL®License Plate and Protect Our Coast and Oceans
graphics should be used for such acknowledgement wherever possible. If placed online,
the graphic should link to www.ecoplates.com wherever possible. Grantee shall consult
with the Commission's Grant Manager for use of the funding credit logo:
2. APPROVALS
Signage created with grant funding will be submitted for review and approval from the
Commission, and will include credit to the funding source. At the Commission's request,
the Grantee shall seek prior Commission approvals on the locations, costs, dates,
agenda, instructors, instructional materials, and attendees at any reimbursable training
seminar workshop or conference, and on any reimbursable publicity or educational
materials to be made available for distribution.
3. TRAVEL REIMBURSEMENT
The Commission will reimburse food as included in the Project Budget pursuant to
EXHIBIT B at actual costs not to exceed $20 per person per meal. The Commission will
reimburse other travel and related expenses at actual costs not to exceed the State
rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California
Code of Regulations. Grantees may seek reimbursement for any travel expenses that
are in excess of these state rates, but only if the Grantee has received prior written
approval of the Commission's Deputy Executive Director or his/her designee permitting
the expenses in excess of state rates on the basis that state rates were not reasonably
available. Reimbursement for the cost of operating a private vehicle shall not, under any
circumstance, exceed the current rate specified by the State of California for
unrepresented state employees as of the date the cost is incurred. Receipts will be
required for all travel related reimbursements. All travel costs are inclusive within the
budgeted amount referenced in this Agreement. Grantees shall ensure that travel and
related expenses, including Grantee's consultant and subconsultant travel and related
expenses, submitted to the Commission for reimbursement, do not exceed the State -
rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California
Code of Regulations, unless prior written approval permitting the expenses to be in
excess of state rates was obtained, as noted above.
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EXHIBIT D2
4. WORK PRODUCT
The Grantee agrees to provide the Commission, and any of the Commission's
assignees or successors in interest, a license to use any data, plans, drawings,
specifications, surveys, studies and other digital, written, or graphic work produced in
the performance of this.Agreement, herein referred to as "materials." The Commission
shall have the right to reproduce, publish, or use all such materials, or any part thereof,
in any manner and for any purposes whatsoever and to authorize others to do so. The
Commission agrees to credit the Grantee when reproducing, publishing, sharing, or
using such materials.
5. PERMITS
The Grantee shall obtain all permit(s) required by law for accomplishing any work
"required in connection with this contract. The Grantee shall provide proof of these
permits to the Coastal Commission upon approval.
In the event any permit(s) expire at any time during the term of this contract, Grantee
agrees to provide the Coastal Commission proof of the renewed permit(s) within 30
days following the expiration date. In the event the Grantee fails to keep in effect at all
times all required permit(s), the State may, in addition to any other remedies it may
have, terminate this contract upon occurrence of such event.
6. TERMINATION
Except as otherwise set forth in this Agreement, this Agreement may be terminated or
suspended (a) by the Commission for any reason upon thirty (30) days prior written
notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written
notice to the Commission subject to the approval of the Commission in its sole
discretion, and (c) immediately upon written notice by either party "for cause". The term
"for cause" shall mean that either the Grantee or the Commission fails to meet any
material terms, conditions, and/or responsibilities of the Agreement.
In the event of a termination or suspension, the Grantee shall immediately stop work
and take all reasonable measures to prevent further costs requiring reimbursement by
the Commission. The Commission shall then only be responsible for any reasonable
and non-terminable obligations incurred by the Grantee in the performance of this
Agreement prior to the date of the notice to terminate or suspend, but not to exceed the
balance of the total funds which remains unencumbered under this Agreement at the
time of termination:
On or before the date of termination of this Agreement, whether terminated by the
Grantee or the Commission, the Grantee shall provide the Commission with all work,
material, data, information, and written, graphic or other work produced, developed or
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EXHIBIT D2
acquired under this Agreement (whether completed or partial), in appropriate, readily
useable form.
The Grantee expressly agrees to waive, release and relinquish the recovery of any
consequential damages that may arise out of the termination or suspension of this
Agreement.
The Grantee shall include in any agreement with any consultant retained for work under
this Agreement a provision that entitles the Grantee to immediately suspend or
terminate the agreement with the consultant for any reason on written notice.
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EXHIBIT E
CERTIFICATION (GCC-1/2019)
The Grantee's signor CERTFIES UNDER PENALTY OF PERJURY that they are duly
authorized to legally bind the Grantee to the clauses below. This certification is made
under the laws of the State of.California.
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the
requirements of.the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) 'the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs;
and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of
employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under the Agreement or termination of the Agreement or both and Grantee may be
ineligible for award of any future State agreements if the Coastal Commission
determines that any of the following has occurred: (1) the Grantee has made false
certification, or'(2) violated the certification by failing to carry out the requirements as
noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Grantee within the immediately preceding two-year
period because of Grantee's failure to comply with an order of a Federal court which
orders Grantee to comply with an order of the National Labor Relations Board. (PCC
10296) (Not applicable to public entities.)
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EXHIBIT E
4. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning
of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with
the State of California.
5. SWEATFREE CODE OF CONDUCT:
a. All Grantees contracting for the procurement or laundering of apparel, garments
or corresponding accessories, or the procurement of equipment, materials, or
supplies, other than procurement related to a public works contract, declare
under penalty of perjury that no apparel, garments or corresponding accessories,
equipment, materials, or supplies furnished to the state pursuant to the contract
have been laundered or produced in whole or in part by sweatshop labor, forced
labor, convict labor, indentured labor under penal sanction, abusive forms of child
labor or exploitation of children in sweatshop labor, or with the benefit of
sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The Grantee further declares under penalty of perjury that they adhere to
the Sweatfree Code of Conduct as set forth on the California Department of
Industrial Relations website located at www.dir.ca.gov, and Public Contract Code
Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to Grantee
records, documents, agents or employees, or premises if reasonably required by
authorized officials of the Coastal Commission, the Department of Industrial
Relations, or the Department of Justice to determine Grantee compliance with
the requirements under paragraph (a).
6. DOMESTIC PARTNERS: For Grantee Agreements of$100,000 or more, Grantee
certifies that the Grantee and/or its subcontractors/consultants are in compliance
with Public Contract Code section 10295.3.
7. GENDER IDENTITY: For Grantee Agreements of.$100,000 or more, Grantee
certifies that Grantee is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of
California.
1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions
regarding current or former state employees. If Grantee has any questions on the
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EXHIBIT E
status of any person rendering services or involved with the Agreement, the
awarding agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410)
1) No officer or employee shall engage in any employment, activity or enterprise
from which the officer or employee receives compensation or has a financial
interest and which is sponsored or funded by any state agency, unless the
employment, activity or enterprise is required as a condition of regular state
employment.
2) No officer or employee shall contract on his or her own behalf as an
independent Grantee with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date they left state employment, no former
state officer or employee may enter into a contract in which they engaged in
any of the negotiations, transactions, planning, arrangements or any part of the
decision-making process relevant to the agreement while employed in any
capacity by any state agency.
2) For the twelve-month period from the date they left state employment, no
former state officer or employee may enter into a contract with any state
agency if they were employed by that state agency in a policy-making position
in the same general subject area as the proposed contract within the 12-month
period prior to leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall
render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or commission,
payment for preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Grantee affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination
on the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to the ADA. (42 U.S.C. 12101 et seq.)
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EXHIBIT E
4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's
name as listed on this Agreement. Upon receipt of legal documentation of the name
change the State will process the amendment Payment of invoices presented with a
new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the Coastal
Commission will be verifying that the Grantee is currently qualified to do business
in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there
are some statutory exceptions to taxation, rarely will a corporate Grantee
performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California)
must be in good standing in order to be qualified to do business in California. The
Coastal Commission will determine whether a corporation is in good standing by
calling the Office of the Secretary of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the.
State with a copy of a resolution, order, motion, or ordinance of the local governing
body which by law has authority to enter into an agreement, authorizing execution of
the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall.
not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to
cease and desist order not subject to review issued pursuant to Section 13301 of the
Water Code for violation of waste discharge requirements or discharge prohibitions;
or (3) finally determined to be in violation of provisions of federal law relating to air or
water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
Grantees that are not another state agency or other government entity.
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EXHIBIT F
INFORMAL AMENDMENT
Amendment to
1. This amendment (the "Amendment") is made by the California Coastal Commission
and , parties to the agreement dated (the
"Agreement").
2. As of (date) , the Agreement is amended as follows:
3. Except as set forth in this Amendment, the Agreement is unaffected and shall
continue in full force and effect in accordance with its terms. If there is conflict between
this amendment and the Agreement or any earlier amendment, the terms of this
amendment will prevail.
Signed and Agreed:
Representative of
By:
Printed Name:
Title:
Dated:
Representative of California Coastal Commission:
By:
Printed Name:
Title:
Dated:
DocuSign
Certificate Of Completion
Envelope Id:E7B3DD16DC814E3FADBB3E0C28742F2D Status:Completed
Subject:Please DocuSign:PC-23-05 City of Huntington Beach Grant Agreement
FormlD:
Optional 1:
Source Envelope:
Document Pages:29 Signatures:2 Envelope Originator:
Certificate Pages:5 Initials:0 Parisha Bhaysar
AutoNav:Enabled 11493 Sunset Hills Rd
Envelopeld Stamping:Enabled Suite 100
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Reston,VA 20190
parisha.bhaysar@coastal.ca.gov
IP Address: 134.186.116.29
Record Tracking
Status:Original Holder:Parisha Bhaysar Location:DocuSign
4/22/2024 12:52:46 PM parisha.bhaysar@coastal.ca.gov
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:California Coastal Commission Location:DocuSign
Signer Events Signature Timestamp
Scott Haberle by: Sent:4/24/2024 3:57:20 PM
Bonnie.To@surfcity-hb.org � � Resent:4/29/2024 4:56:56 PM
Security Level:Email,Account Authentication 3eec405e08ee405. Resent:5/1/2024 11:13:52 AM
(None) Resent:5/13/2024 9:31:27 AM
Signature Adoption:Drawn on Device
Resent:5/17/2024 11:40:44 AM
Using IP Address:192.5.222.3
Viewed:5/20/2024 4:28:18 PM
Signed using mobile
Signed:5/20/2024 4:30:24 PM
Electronic Record and Signature Disclosure:
Accepted:5/20/2024 4:28:18 PM
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Jessica Chan CDb./Signedby: Sent:5/20/2024 4:30:27 PM
jessica.chan@coastal.ca.gov Viewed:5/20/2024 4:31:01 PM
Director of Fiscal&Bus Svc neFa,zFz"'°°e. Signed:5/20/2024 4:31:11 PM
California Coastal Commission
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Jessica Chan VIEWED Sent:4/22/2024 12:58:02 PM
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California Coastal Commission Using IP Address:157.131.207.205
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Margaret Chew VIEWED Sent:4/22/2024 2:22:00 PM
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Annie Frankel COPIED Sent:5/20/2024 4:31:12 PM
Annie.Frankel@coastal.ca.gov
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California Coastal Commission
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Certified Delivered Security Checked 5/20/2024 4:31:01 PM
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Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:3/17/2020 2:54:08 PM
Parties agreed to:Scott Haberle
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Coastal Commission, California(we, us or Company)may be required by law
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DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
CALIFORNIA COASTAL COMMISSION
STANDARD GRANT AGREEMENT
(Rev 02/2024) AGREEMENT NUMBER
PC-23-05
STATE CONTROLLER'S OFFICE IDENTIFIER FEDERAL ID NUMBER
3720-PC2305 95-6000723
1. This Agreement is entered into between the State Agency and the Grantee named below:
STATE AGENCY'S NAME
California Coastal Commission
GRANTEES NAME
City of Huntington Beach
2. The term of this
Agreement is: May 1, 2024 Through September 30, 2025 (End Term Date)
3. The maximum amount $50,000.00
of this Agreement is: Fifty Thousand Dollars and Zero Cents
4. The parties agree to comply with the terms and conditions of the following EXHIBITS, which are by this reference
made a part of the Agreement.
EXHIBIT A— Scope of Work 8 pages
EXHIBIT Al- Definitions 1 page
EXHIBIT B— Budget 1 page
EXHIBIT B1 — Budget Detail and Payment Provisions P� 2 pages
EXHIBIT C— General Terms and Conditions S�0 4 pages
EXHIBIT one maOv rk item below as EXHIBIT D Attachment: � P 4 pages
Check
❑ EXHIBIT D1 — Local Coastal Programs Terms and Conditions ��•, GK,cp'P�oNP�P
® EXHIBIT D2—WHALE TAIL®Terms and Conditions <�� ��y �K�aGK 3 pages
EXHIBIT E— Grantee Certification Clauses Form (GCC-01/2019) OC N' 4 pages
EXHIBIT F—Amendment Template (Informal) c.0 t 1 page
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
GRANTEE California Coastal Commission
Use Only
GRANTEES NAME(if other than an individual,state whethera corporation,partnership,etc.)
City of Huntington Beach ® This agreement is exempt from
approval by the Department of General
BY(Authorized Signature) DATE SIGNED(Do not type) Services per SCM Vol. 1 4.06(see 58 Ops.
Cal.Atty.Gen 586 and 63 Ops.Cal.Atty.
Gen. 290).
PRINTED NAME AND TITLE OF PERSON SIGNING
Scott Haberle, Fire Chief
ADDRESS
2000 Main Street, Huntington Beach, CA 92648
STATE OF CALIFORNIA
AGENCY NAME
California Coastal Commission
BY(Authorized Signature) DATE SIGNED(Do not type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Jessica Chan, Director of Fiscal & Business Services
ADDRESS
455 Market Street, Suite 200, Room 228, San Francisco, CA 94105
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 1.of 8
EXHIBIT A
SCOPE OF WORK
(WHALE TAIL®)
1. Grantee agrees to expend grant funds provided by the Commission only for and in
accordance with project activities as described under the Scope of Work attached
hereto as EXHIBIT A.
2. The Project representatives during the term of this agreement will be:
State Agency: Grantee:
California Coastal Commission City of Huntington Beach
Name: Chris Parry ("Grant Manager") Name: Scott Haberle
Public Education Program Manager Title: Fire Chief .
Address: Address:
455 Market Street, Suite 200, Room 228 Attn: Fire Department
San Francisco, CA 94105 2000 Main Street
Huntington Beach, CA 92648
Phone: (415) 904-5208 Phone: (714) 536-5419
Email: Email: Bonnie.To@surfcity-hb.org
3. All inquiries will be directed.to:
State Agency: Grantee:
California Coastal Commission City of Huntington Beach
Section/Unit: Public Education Program Fire Department .
Name: Annie Kohut Frankel Name: Doug Leach
("Grant Manager") Title: Marine Safety Battalion Chief
Address: Address: i
455 Market Street, Suite 200, Room 228 103 Pacific Coast Highway
San Francisco, CA 94105 Huntington Beach, CA 92648
Phone: (415) 597-5888 Phone: (714) 536-5660
Email: Annie.Frankel@coastal.ca.gov Email: Doug.Leach@surfcity-hb.org
DocuSign Envelope ID:E7B3DD16-DC61-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 2 of 8
EXHIBIT A
SCOPE OF WORK
Protect Our Coast & Oceans Fund Grant
Local Assistance Funds
WHALE TAIL®Grants.Program
Title: Beach Ranger Coastal Education Program
Organization: City of Huntington Beach
Term of Project: May 1, 2024— September 30, 2025
Federal Tax ID#: 95-6000723
A. PROJECT DESCRIPTION
A four-week program will engage approximately 120 youth ages 9-17 residing in
Huntington Beach's Oak View community in beach and ocean education, safety, and
recreation in a version of Huntington Beach Junior Lifeguards program without a
swimming skill prerequisite.
Beach Rangers takes place in summer for four hours twice a week over four weeks. The
curriculum is a scaled-down version of the Huntington Beach Junior Lifeguards.
Participants are transported on Ocean View School District buses leaving from Oak
View Elementary.
Week 1 includes introduction to the program, stretching and calisthenics; emergency
procedures and response; rules of the beach and ocean, and the basics about rip
currents, waves, marine life, and tides. Week 2 includes visiting and learning about the
California State University Long Beach Shark Lab, Huntington Beach Fire Department,'
and Marine Mammal Center, and learning basic floating and survival skills at Seabridge
Beach. Week'3 includes skill building in the waves, more time at Seabridge Beach, and
learning Hands Only CPR. Week 4 includes review of lessons learned like rip current
identification, coastal ecology, marine environment, and lifesaving skills. .
Participants will take a pre-/post-survey related to beach and ocean safety, coastal
education, and California coastal ecology, and a pre-/post self-assessment of water
knowledge and swimming skills. Informal conversations with participants will collect
qualitative data and Beach Ranger instructors will provide feedback at program
conclusion.
The grant funding will be recognized in social media posts relating to Beach Ranger
activities; with the logo on the Beach Ranger uniform rash guard; on the Beach Ranger.
Program webpage; on a presentation slide deck for presentations to local, regional, and
national conference groups; on program banner used during program registration; and
on "Step and Repeat" banner for the end of session ceremony.
Docusign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 3 of 8
EXHIBIT A
Goals and Objectives
Provide essential education about water safety and understanding the risks associated
with Coastal environments, rip currents, tides, and marine life.
• All participants should be able to explain a rip current and how to escape one
• Have participants discuss the local marine life and how they may impact a visit to
the beach (I.e. stingrays, sharks, sand crabs)
• Have participants explain how tides work
• Have at least half the participants report an increased connection to coastal
environments via pre- and post- program surveys
Create environmentally conscious youth ambassadors.
• Participants will have an awareness of environmental conservation through
curriculum emphasizing environmental education, ecology, and preserving the
marine environment.
• Build self-esteem, confidence, and problem-solving skills to extend to other areas
of their lives.
• Learn teamwork and collaboration while developing leadership skills by taking on
roles within the program.
• Offer insights to career opportunities in conservation, marine biology, . .
oceanography, sciences, and civil service.
Promotion of lifelong recreational opportunities provided by the coastal environment and
encourage participants to engage in safe water activities throughout their lives while
promoting a healthy lifestyle and recreational habits.
• Improve participants' swimming abilities and offer swim lessons in partnership
with swim instruction entities.
• Promote physical fitness through exercise and conditioning.
• Engage in swimming, paddling, running, team activities that promote overall
health,well-being, and camaraderie.
• Encourage a water-safe and drowning-prevention culture by educating
participants about water safety and basic rescue techniques, so the likelihood of
accidental drownings may be significantly reduced.
• Have at least 50% of participants show an improved self-assessment regarding.
water safety and swim ability
Expand programming opportunities to other regional communities. j
• Conduct introductory discussion meetings with at least two other Orange County
cities to explore expansion opportunities for the Beach Ranger Program.
1
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C26742F2D
•
City of Huntington Beach
PC-23-05
Page 4 of 8
EXHIBIT A
B. TASKLIST AND TIMELINE
Date Project Stage Tasks
May-June Program Prep • Community Outreach
2024 • Program Enrollment
• Meet with school district administrator stakeholders
• Logistical planning with partners
July-August Program • Introduce students to Beach Ranger Program
2024 Implementation • Conduct pre-test to evaluate students' knowledge of
beach/ocean safety, coastal education, and the
importance of California Coastal Ecology during the
first day of the program
• Conduct self-assessment related to swimming skills
during first week of program, and start tracking
impact
• Implement the curriculum plan to address all the
necessary sections, and track quantitative and
qualitative data regularly
• Conduct post-test on last day of program,and finalize
tracking progress
• Conduct updated self-assessment of swimming
skills during last week of program
August 2024 Program • Compare results of pre-test and post-test to
Evaluation/ understand the knowledge retention of program
Follow up participants
• Review self-assessments of swim skills
• Analyze the quantitative and:qualitative data tracked
regularly throughout the program
• Compile program reports
• Confer with Beach Ranger Instructors as a focus group
to determine satisfaction with program,elements that
worked best and what needs improvement
March-June Program Prep • Community Outreach
2025 • Program Enrollment
• Meet with school district administrator and
stakeholders
• Logistical planning with partners
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 5 of 8
EXHIBIT A
July-August Program • Introduce students to program
2025 Implementation • Conduct pre-test to evaluate students' knowledge of
beach/ocean safety, coastal education,and the
importance of California Coastal Ecology during the
first day of the program
• Conduct self-assessment related to swimming skills
during first week of program, and start tracking
impact
• Implement the curriculum plan to address all the
necessary sections, and track quantitative and
qualitative data regularly
• Conduct post-test on last day of program
• Conduct updated self-assessment of swimming
skills during last week of program
August 2025 Program • Compare results of pre-and post-test to understand
Evaluation/ the knowledge retention of program participants
Follow up • Review self-assessments of swim skills ;
• Analyze the quantitative and qualitative data tracked
regularly throughout the program
• Compile program reports
• Confer with Beach Ranger Instructors as a focus group
to determine satisfaction with program, elements that
worked best and what needs improvement
•
{
.
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page6of8
EXHIBIT A
C. EVALUATION AND REPORTING
2,reports-1 progress report and a final report—will be due to the Coastal Commission,
as specified below.
Progress Report. The progress report shall be submitted by September.30, 2024 and
shall briefly describe progress on the project to date, any problems or concerns, and
any adjustments to the program. Progress reports are opportunities to check in so
Commission staff may offer support if grant adjustments are needed. Progress reports
should be brief and can be submitted by email to the Grant Manager at
Annie.'Frankel@coastal.ca.gov or through a phone conversation with the Grant
Manager. Additional check-ins are always available upon request. If at any time you
think you might need to make a change to the approved scope or budget of your grant,
contact your Grant Manager.
Please also contact your Grant Manager if you have grant-funded programming you
would like the Coastal Commission to consider promoting on our social media or if you
have project photos.to share.
Final Report. Your final report is submitted at the end of the contract period. It tells the
story of your project including what was accomplished and learned. In addition to
informing the Coastal Commission about the results of your project, the final report
serves several purposes. It helps the Whale Tail Grants Program hold itself accountable
to the goals of supporting marine and coastal education and conservation with an
emphasis on communities that have historically received fewer such opportunities. And
when we share the results of the Program,, based on reports from grant recipients, it's a
way for the public to hold us accountable. Your final report is also an opportunity for us
to learn from your experience, which will help strengthen the Whale Tail Grants
Program in the future.
(If you have already presented some of the information below in another format, such as
an annual report, you may substitute that for the relevant questions below. We do,
however, need details that are specific to the project that was paid for by this grant.)
Please include the following in your final report:
A. Introduction —A brief recap of the project that was funded by the grant. (This could be
a summary of the project description in your grant agreement.)
B. Participants/Audience—A description of program participants or audience. If you
have multiple types of engagements/experiences in your project with different _.
participants, be sure to break down participation by project element if appropriate. Be as f
specific as possible, including the following:
• How many people did you engage through this grant?
fj
1
Docusign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3EOC28742F2D
City of Huntington Beach
PC-23-05
Page7of8
EXHIBIT A .
• What type of outreach did you do, and where? How did people learn about your.
program?
• What were your participant demographics, as applicable, for example
race/ethnicity, age or grade level, English/non-English speakers, income level or
other income indicators such as percent of students eligible for free and reduced
lunch program, LGBTQ2S+ status, disability status, and/or other descriptors and
identities. Please include numbers or percentages whenever possible.
• If working with students, include the school name(s) and city and how many
students you engaged from each school.
• If project participants are not reached through schools, what city or
neighborhood(s) are they from? Please include numbers or percentages whenever
possible.
C. Program Implementation —A:description of what happened.
• List your original project goals and objectives (see project description). Provide a
summary of what was accomplished relative to the project goals and objectives.
If any goals or objectives changed during the course of your project, describe
that here.
• Include any other details you think are helpful to understanding what happened
during your project.
• If applicable,describe any unanticipated factors that impeded or contributed to .
the success of your program. How were they handled? In hindsight, would you
have done anything differently?
• If this program will continue past the grant period, do you plan to make changes
in the future?
• How and with whom did you share the outcome of your program, as applicable?
D. Funding Recognition — How and where did you recognize the Whale Tail Grants
Program as a funder of your project? Include screenshots and copies of relevant
materials.
E. Tracking and Assessing Impact— How and what do you know about your program's
• impact? . .
• In what way(s) did you collect or capture data about your project's impact? How did
you evaluate your success?
• What do your results tell you about your impact? How might it shape your future
work?
• Include relevant data, which, depending on your project, might include participant
quotes, interview notes, survey results, sample student products, pounds of trash
collected, or other types of data you collected to measure impact.
• As applicable, include samples of the tools you used to track and measure your
impact, such as surveys, pre/post tests, or data sheets.
DocuSlgn Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 8 of 8
EXHIBIT A
F. Any media coverage of your project. Include pdfs of articles, links to websites, or
other evidence of coverage if applicable.
G. Copies of all products created as part of this grant, such as translations,
outreach pieces, curricula, how-to manuals, as applicable.
H. Photographs illustrating your project.
• Submit jpgs or pngs as separate files rather than(or in addition to) embedded in
a document. These can be sent as email attachments or as a link to a cloud
folder. Make sure the folder is accessible if using this method.
• Note whether the Coastal Commission has permission to use and share your
photos to publicize the results of the WHALE TAIL®grants program. If permission
is granted, photos may be used on webpages, in presentations or reports, or on i
social media, with credit to your organization.
•
ff
{
I f
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 1.of 1
EXHIBIT Al
DEFINITIONS
1. The term "Agreement"; this Grant Agreement.
2.. The term "Budget Act"; the annual enacted version of the Budget Bill which makes
appropriations for the support of the government of the State of California. !
3. The term "Deputy Executive Director"; the Deputy Executive Director of the
Commission. •
4. The terms "Commission" or"Coastal Commission" and the acronym "CCC" all refer
to the California Coastal Commission.
5. The term "Executive Director"; the Executive Director of the Commission.
6. The term "Grant" or"Grant Funds"; in the case of LCP grants, the money provided by ;.
the California Climate Investments program or, in the case of Public Education
grants, sales and renewals of the WHALE TAIL®Specialty License Plate, or California's
Voluntary Tax Check-Off Program, or General Fund/Local Assistance, and
administered by the Coastal Commission to the Grantee pursuant to this Agreement.
7. The term "Grant Manager"; the representative of the Commission with authorization
per the Executive Director to administer and provide oversight of the Grant.
{
8. The term "Grantee"; an applicant who has a signed agreement for Grant Funds.
9.. The term "Project"; the activity described under the Scope of Work, attached as . .
EXHIBIT A, to be accomplished with Grant Funds.
10. The term "Project Budget"; the Commission approved cost estimate submitted to the
Commission's Grant Manager for the Project. The Project Budget shall describe all
labor and material costs of completing each component of the Project. The Project
Budget shall contain itemized amounts permissible for each item or task described in
the Scope of Work.The Project Budget must include the set administrative and
indirect costs agreed upon by the Parties if applicable.
11. The term"Public Agency"; any State of California department or agency, a county,
city, public district or public agency formed under California law.
12. The term "Scope of Work" refers to EXHIBIT A, including the approved Project
Description, Tasks, and Schedules.
13. The term "Termination Date"; the date by which all activity for the project must be
concluded, as specified in the signature page of this Agreement. Work performed
after this date cannot be reimbursed.
Docusign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 1of1
EXHIBIT B
BUDGET
(WHALE TAIL®)
2023/24
Protect Our Coast and Oceans Fund
Personnel Services
Salary and Wages
7 Ocean Lifeguards ($33.41/hr x 223.97 hrs) $7,483
8 Senior Ocean Lifeguards ($40.73/hr x 255.97 hrs) $10,426
8 Supervising.Ocean Lifeguards ($47.75/hr x 255.95 hrs) $12,222
Marine Safety Captain ($74.79/hr x 31.99 hrs) $2,393 I
Program Coordinator ($30.31/hr x 32 hrs) $970
Subtotal Salary and Wages $33,494
Benefits $0
Total Personnel Services $33,494
Operating Expenses
General Expenses* $16,506
Total Operating Expenses $16,506
Administrative Overhead $0
Total Budget $50,000
* General Expenses include student supplies and uniform items,food as
necessary for student participants during programming.
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 1 of 2
EXHIBIT B1 . .
BUDGET DETAIL AND PAYMENT PROVISIONS-
(WHALE TAIL®)
1. Request for Funds
A. For performance of project activities deemed satisfactory by the Commission's
Grant Manager during the term of this Agreement as specified in EXHIBITS A
and.B (Scope of Work and Project Budget) and upon receipt and approval of
submitted invoices, the Commission agrees to reimburse Grantee for actual
expenditures incurred in accordance with the rates specified herein or attached
hereto. .
B. Invoices shall be submitted in arrears not more frequently than monthly via email
(preferred method) to Annie.Frankel@coastal.ca.gov or mailed in duplicate to:
California Coastal Commission I
Attn: Annie Frankel, Public Education Program
455 Market Street, Suite 200, Room 228
San Francisco, CA 94105 i
C. Invoices shall contain the following information:
1. Grantee's name and address as shown on this Agreement. .
2. Invoice number and date of the invoice.
3. Time period covered by the invoice.
4. Grant number as shown on this Agreement.
5. Original or digital signature of the grantee.
6. Itemized costs for the billing period in the same or greater level of detail as
indicated in this agreement, with supporting documentation: Only those costs
and/or cost categories expressly identified in this agreement may be
reimbursed.
D. Notwithstanding the foregoing, the Grant Manager of the Commission may request
and the Grantee shall provide receipts or other source documents for any other
direct expenditure or cost as described in the invoice, as and when necessary to
resolve any issue concerning reimbursement.
E. The Grantee's failure to fully execute and submit an invoice, including attachment
of supporting documents, may relieve the Commission of its obligation to disburse
funds to the Grantee unless and until the Grantee corrects all deficiencies.
F. Any invoice that is submitted without the required itemization and documentation
will not be authorized. If the invoice is incomplete, inadequate or inaccurate, the
Commission will inform the Grantee and withhold payment until all required
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EXHIBIT B1
information is received or corrected. Any monetary claims made by a contractor.
against tae, er se, ua in paym
the sole responsibilityheGrnteor of theoth Granteeconequenc and is notbeca reimbursable seofdelys under this
ent Agreemenshallbe t.
Grantee further agrees to indemnify the Coastal Commission from any such claim,
and the parties herein expressly agree that provision of grant funds to Grantee
pursuant to this Agreement does not create any sort of relationship as between the
Grantee's contractor(s) and the Coastal Commission.
G. Grant Funds in this award have a limited period in which they must be expended.
Grantee expenditures funded by the Commission must occur before the
Termination Date,
H. The Grantee shall expend Grant Funds in the manner described above in EXHIBIT
A (Scope of Work) and itemized in EXHIBIT B (Budget),subject to approval by the
Coastal Commission's Grant Manager. Expenditure on items contained in the
approved Project Budget may vary by as much as ten percent without priorr
approval by the Commission. In any event, the total amount of the Grant Funds
may not be increased, except by written amendment to this Agreement.
2. Budget Contingency Clause
A. It is mutually agreed that if the final Budget Act of the current year and/or any
subsequent years covered under this Agreement does not appropriate sufficient
funds for the Grant Program, this Agreement shall be of no further force and
effect, and the Commission shall have no liability to pay any funds whatsoever to
Grantee or to furnish any other consideration under this Agreement and Grantee
shall not be obligated to continue performance under the provisions of this
Agreement.
B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes
of this Grant Program,the Commission shall have the option at its sole discretion
to either cancel this Agreement with no liability accruing to the Commission or
enter into an agreement amendment with Grantee to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made no later than 45 days following receipt of properly submitted,
undisputed invoices except as otherwise set forth in, and in each case in accordance
with, the California Prompt Payment Act, Government Code section 927, et seq.
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EXHIBIT C .
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties
and approved by the California Coastal Commission. Grantee may not commence
performance until such approval has been obtained. .
2. AMENDMENTS: This Agreement may only be amended by mutual agreement in
writing between Grantee and the Commission. Any request by the Grantee for an
amendment must state the amendment request and reason for the request and shall
be submitted in writing, such as by email or letter. The Grantee shall strive:to make
requests immediately upon discovering that an amendment may be needed. No oral
understanding or agreement not incorporated into the Agreement in writing is binding
on the parties.
Except as otherwise provided herein, the Grantee shall expend Grant Funds in the
manner described in the Scope of Work (EXHIBIT A) and Project Budget (EXHIBIT
B) approved by the Commission. In any event, the total amount of the Grant Funds
may not be modified, except by written amendment to this Agreement. Any
subsequent changes or additions to the Scope of Work and Project Budget approved •.
by the Commission in writing are hereby incorporated by reference to this Agreement
as though set forth in full in this Agreement. Changes to the grant term and/or the
total amount of Grant Funds will require a formal amendment, while changes to .
Scope of Work (EXHIBIT A) and the Project Budget (EXHIBIT B) may be done
through an informal amendment;found in EXHIBIT F.
3. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole
or in part, without the consent of the Commission in the form of a formal or informal
written amendment.
4. INDEMNIFICATION: Grantee agrees to indemnify,defend and save harmless the
State,.its officers, agents and employees from any and all claims and losses
accruing or resulting to any and all consultants, subconsultants, suppliers,
laborers, and any other person, firm or corporation furnishing or supplying work
services, materials, or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any
person, firm or corporation who may be injured or damaged by Grantee in the . • I.
performance of this Agreement.
5. DISPUTES: Grantee shall continue with the responsibilities under this Agreement
during any dispute.
6. NO CREATION OF AGENT RELATIONSHIP: Grantee, and the agents and
employees of Grantee, in the performance of this Agreement, shall act in an
independent capacity and not as officers or employees or agents of the State.
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EXHIBIT C
7. . NON-DISCRIMINATION CLAUSE: During the performance of this Agreement,
Grantee and its consultants, subconsultants shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment
because of sex, race, color,ancestry, religious creed, national origin, physical
disability (including HIV and AIDS), mental disability, medical condition (e.g.,
cancer), age (over 40), marital status, and denial of family care leave. Grantee and
consultants shall ensure that the evaluation and treatment of their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and consultants shall comply with the provisions of the Fair Employment
and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et
seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of.
Division 4 of Title 2 of the California Code of Regulations, are incorporated into.this
Agreement by reference and made a part hereof as if set forth in full. Grantee and
its consultants shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement.
Grantee shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under the Agreement.
8. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES contained in the document GCC-1/2019 are hereby incorporated by reference and
made a part of this Agreement (EXHIBIT E) by this reference as if attached hereto.
9. TIMELINESS: Time is of the essence in this Agreement.
10. COMPENSATION: The consideration to be paid Grantee, as provided herein, shall
be in compensation for all of Grantee's expenses incurred in the performance
hereof, including travel, per diem, and taxes,unless otherwise expressly so
provided.
11. GOVERNING LAW: This agreement is governed by and shall be interpreted in
accordance with the laws of the State of California.
12. ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that
if services or goods are obtained through a public purchase by means of a
competitive bid, the Grantee shall comply with the requirements of the Government
Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
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EXHIBIT C
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney
General may bring an action pursuant to subdivision (c) of Section
16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees
that if the bid is accepted, it will assign to the purchasing body all rights, title,
and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by
the bidder for sale to the purchasing body pursuant to the bid. Such
assignment shall be made and become effective at the time the purchasing
body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement for
actual legal costs incurred and may, upon demand, recover from the public
body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price, less the expenses incurred in obtaining that
portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
13. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of
$100,000, the Grantee acknowledges in accordance with Public Contract Code
7110, that:
a. The Grantee recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited to,
disclosure of information and compliance with earnings assignment orders, as
provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9
of the Family Code; and
•
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EXHIBIT C
b. The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
14. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement
is unenforceable or held to be unenforceable, then the parties agree that all other
provisions of this Agreement have force and effect and shall not be affected
thereby.
15. PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in
excess of$200,000, the Grantee shall give priority consideration in filling
vacancies in positions funded by the Agreement to qualified recipients of aid under
Welfare and Institutions Code Section 11200 in accordance with Pub. Contract
Code §10353.
16. 'AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING: Commission
projects are subject to audit by the State annually and for three (3) years following
the payment of Grant Funds.Accordingly, Grantee shall maintain orderly, accurate
and complete documents and records of all financial accounts,:costs, disbursements,
receipts and other matters relating to this Agreement consistent with the policies
outlined in EXHIBIT C, hereto, for the Project and shall make them available to the j
State or the Commission for auditing, inspecting and copying at reasonable times.
Grantee agrees to allow the auditor(s) to interview any employees who might
reasonably have information related to such records. Further, Grantee agrees to
include a similar right of the State to audit records and interview staff in any
subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code §10115'et seq., CCR.Title 2, Section 1896). Grantee shall also
retain such documents and records for three (3) years after final payment and one (1)
year following an audit unless a longer period of records'retention is stipulated. The '
documents for audit should be retained onsite.
Grantee shall use applicable Generally Accepted Accounting Principles published by
the American Institute of Certified Public Accountants.
If Grantee stated in the Project Budget that other sources of funding will be used to
complete the Project, the Grantee.shall establish internal systems to track f
expenditures of matching or in-kind funds on a regular basis and will make the
documentation available to the Commission upon request.
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EXHIBIT D
Special Terms and Conditions
1. PROJECT EXECUTION: .
A. Grantee shall complete the Project before the Termination Date.
B. Subject to the availability of funds, the Commission hereby grants to the Grantee
the sum. $50,000 (Grant Funds) not to exceed the amount stated on the signature
page in consideration of and on condition that the sum be expended in carrying
out the purposes as set forth in the description of the Project in this Agreement
and its attachments and under the terms and conditions set forth in this
Agreement.
C. Prior to the commencement of any Project work, Grantee agrees to submit in
writing to the Commission for prior approval any deviation from the original
Scope of Work pursuant to EXHIBIT A and the Project Budget pursuant to
EXHIBIT B. Changes in the Scope of Work or.Project Budget must continue to
ensure timely and effective completion of the Project, including where
applicable a new or updated Local Coastal Program for certification by the
Commission. Any modification or alteration in the Scope of Work or Project
Budget on file with the Commission must be submitted to the Commission for
approval. Changes to the Scope of Work or Project Budget shall require an
amendment to this Agreement (see "Amendments" under EXHIBIT C).
D. Grantee shall furnish any and all additional funds that may be necessary to
complete the Project.
E. As applicable, Grantee shall ensure that Project work excludes any and all
Project work that was funded through previously awarded grants or the
matching funds identified through previously awarded grants so as to ensure
that current grant funding is not duplicative of previous grant funding. Such
grants include, but are.not limited to, WHALE TAIL®Grants; other grants
previously awarded by the Coastal Commission; grants awarded by the Ocean
Protection Council, California State Parks, the Natural Resources Agency, the
State Coastal Conservancy, and other governmental and non-governmental
entities.
F. Final invoicing shall be submitted promptly following the termination date of the 4
grant or upon a date mutually agreed upon by the Grantee and the Grant
Manager.
G. Grantee certifies that the Project does and will continue to comply with all current f
laws and regulations which apply to the Project, including, but not limited to, the
California Coastal Act, health and safety codes, and disabled access laws.
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EXHIBIT D
2. POTENTIAL CONSULTANTS/CONTRACTORS
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the Commission and any consultants, and no contract shall relieve the Grantee
of its responsibilities and obligations hereunder. The Grantee agrees to be as fully
responsible for the acts and omissions of its consultants and of persons either directly
or indirectly employed by any of them as it is for the acts and omissions of persons
directly employed by the Grantee: The Grantee's obligation to pay its consultants is an
independent obligation from the.Commission's obligation to make payments to the
Grantee. As a result, the Commission shall have no obligation to pay or to enforce the
payments of any moneys to any consultants.
The Grantee agrees to include in any agreement with any consultant and/or
subconsultant under the Grant Project terms that preserve the rights, interests, and .
obligations for the benefit of the Commission and its funding sources as described in
EXHIBIT C ("General Terms and Conditions") and EXHIBIT D/D1/D2 ("Special Terms
and Conditions") of this Grant Agreement.
If all or any part of the Project to be funded under this Agreement will be performed by
third parties under contract with the Grantee, prior to executing an agreement for
services, the Grantee shall inform the Grant Manager of the selection of the third party:
Grantees seeking subcontractors under this Agreement to perform any services
exceeding the cost of$10,000.00 shall select those contractors pursuant to a process
that seeks three competitive quotations or adequate justification for the absence of
bidding.
All consultants and subcontractors are subject to all terms and conditions of this
agreement in accordance with the California State Contracting Manual. Consultants
seeking travel reimbursement.see "Travel Reimbursement" clause below.
3. PROPERTY PURCHASED
The Grantee agrees to continue using property purchased under this.Agreement for the
purposes outlined in this Agreement or similar activities until it isfully consumed (i.e.,.is
either fully distributed, damaged, worn-out, or becomes obsolete).
Grantees shall receive prior authorization in writing by the Commission before
reimbursement for any purchase order or subcontract exceeding $10,000.00 for any
articles, supplies, equipment, or services. The contractor shall provide in the request for
authorization all particulars necessary for evaluation of the necessity or desirability of
incurring such cost and the reasonableness of the price or cost.
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EXHIBIT.D
4. SETTLEMENT OF DISPUTES
If the Grantee believes that there is a dispute or grievance between Grantee and the
Commission arising out of or relating to this Agreement, the Grantee shall first discuss
and attempt to resolve the issue with the Commission's Grant Manager: If the issue
cannot be resolved at this level, the Grantee shall follow the following procedures:
If the issue cannot be resolved directly with the Grant Manager, the Grantee shall
submit, in writing, a grievance report together with any evidence to the Deputy Executive
Director of the Commission. The grievance report must state the issues in the dispute,
the legal authority, or other basis for the Grantee's position and the remedy sought.
Within ten (10) days after receipt of the grievance report, the Deputy Executive Director,
or his/her designee, shall meet in person or via phone with the Grantee and the Grant
Manager for purposes of resolving the dispute. The decision of the Deputy Executive..
Director following such a meeting shall be final.
5. WAIVER AND RELEASE
Grantee hereby waives all claims and recourses against the Commission, including the
right to contribution for loss or damage to persons or property arising from, growing out of
or in any way connected with or incident to this Agreement, except for claims for
reimbursement of costs due under this Agreement, recovery of which shall be limited to
the total amount properly incurred hereunder and in no event exceed the total amount.of
Grant Funds provided for hereunder. Grantee acknowledges that it is solely responsible
for its compliance with the terms of this Agreement.
6. REALLOCATION OF FUNDS
If Grantee fails to meet the performance criteria and/or Benchmarks in this Agreement,
the Executive Director or his designee may immediately upon written notice cancel this
Agreement or request to amend the.Agreement, and as feasible, re-allocate any
unspent funds to one or more of the other approved Grantees that needs additional
funding or whose grant was not fully funded.
Should a Grantee not need the full amount of funds awarded by the Commission, they
shall notify the Grant Manager as soon as possible so that any remaining allocated but
unspent funds may be redistributed, as feasible. In addition, should Grantee fail to enter
into an agreement necessary for its performance hereunder in a timely manner, the
Executive Director or his designee may, upon Commission approval, reallocate funds to
supplement an already awarded grant.
7. SURVIVAL
The obligations in the "INDEMNIFICATION" and "AUDIT REQUIREMENTS AND
FINANCIAL RECORDKEEPING "clauses of the General Terms and Conditions .
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EXHIBIT D
(EXHIBIT C), and in the "ACKNOWLEDGMENT" and "WORK PRODUCT" clauses in
the Special.Terms and Conditions(EXHIBIT D1), as well as any other provisions in this
Agreement that by their nature are intended to survive termination or expiration, shall
survive the termination.of this Agreement.
8. WAIVERS GENERALLY
No term or provision hereof will be considered waived by either party, and no breach
excused by either party, unless such waiver or consent is in writing and signed on
behalf of the party against whom the waiver is asserted. No consent by either party to,
or_waiver of, a breach by either party, whether expressed or implied, will constitute
consent-to, waiver of or excuse of any other, different or subsequent breach by either
party.
9. EXECUTIVE DIRECTOR'S DESIGNEE
The Executive Director shall designate a Commission staff Grant Manager who shall
have authority to.act on behalf of the Executive Director with respect to this Agreement.
Grantee shall be notified of such designation in writing.
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EXHIBIT D2
WHALE TAIL®Terms and Conditions
1. ACKNOWLEDGEMENT
The Grantee shall acknowledge the support of the Commission, and specifically that the
funding is from the Commission's WHALE TAIL®Grants Program, on publicity, outreach
or educational materials prepared under this Agreement, or when publicizing such work
in any media. The WHALE TAIL®License Plate and Protect Our Coast and Oceans
graphics should be used for such acknowledgement wherever possible. If placed online,
the graphic should link to www.ecoplates.com wherever possible. Grantee shall consult
with the Commission's Grant Manager for use of the funding credit logo.
2. APPROVALS
Signage created with grant funding will be submitted for review and approval from the
Commission, and will include credit to the funding source. At the Commission's request,
the Grantee shall seek prior Commission approvals on the locations, costs, dates,
agenda, instructors, instructional materials, and attendees at any reimbursable training
seminar workshop or conference, and on any reimbursable publicity or educational
materials to be made available for distribution.
3. TRAVEL REIMBURSEMENT
The Commission will reimburse food as included in the Project Budget pursuant to
EXHIBIT B at actual costs not to exceed $20 per person per meal. The Commission will
reimburse other travel and related expenses at actual costs not to exceed the State
rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California
Code of Regulations. Grantees may seek reimbursement for any travel expenses that
are in excess of these state rates, but only if the Grantee has received prior written
approval of the Commission's Deputy Executive Director or his/her designee permitting
the expenses in excess of state rates on the basis that state rates were not reasonably
available. Reimbursement for the cost of operating a private vehicle shall not, under any
circumstance, exceed the current rate specified by the State of California for
unrepresented state employees as of the date the cost is incurred. Receipts will be
required for all travel related reimbursements. All travel costs are inclusive within the
budgeted amount referenced in this Agreement. Grantees shall ensure that travel and
related expenses, including Grantee's consultant and subconsultant travel and related
expenses, submitted to the Commission for reimbursement, do not exceed the State
rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California
Code of Regulations, unless prior written approval permitting the expenses to be in
excess of state rates was obtained, as noted above.
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EXHIBIT D2
4. WORK PRODUCT
The Grantee agrees to provide the Commission, and any of the Commission's
assignees or successors in interest, a license to use any data, plans, drawings,
specifications, surveys,,studies and other digital, written, or graphic work produced in
the performance of this Agreement, herein referred to as "materials." The Commission
shall have the right to reproduce, publish, or use all such materials, or any part thereof,
in any manner and for any purposes whatsoever and to authorize others to do so. The
Commission agrees to credit the Grantee when reproducing, publishing, sharing, or
using such materials.
5. PERMITS
The Grantee shall obtain all permits) required by law for accomplishing any work
required in connection with this contract. The Grantee shall provide proof of these �.
permits to the Coastal Commission upon approval.
In the event any permit(s) expire at any time during the term of this contract, Grantee
agrees to provide the Coastal Commission proof of the renewed permit(s) within 30
days following the expiration date. In the event the Grantee fails to keep in effect at all
times all required permit(s), the.State may, in addition to any other_remedies it may
have, terminate this contract upon occurrence of such event.
6. TERMINATION
Except as otherwise set forth in this Agreement, this Agreement may be terminated or
suspended (a) by the Commission for any reason upon thirty (30) days prior written
notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written
notice to the Commission subject to the approval of the Commission in its sole
discretion, and (c) immediately upon written notice by either party "for cause". The term
"for cause" shall mean that either the Grantee or the Commission fails to meet any
material terms, conditions, and/or responsibilities of the Agreement.
In the event of a termination or suspension, the Grantee shall immediately stop work
and take all reasonable measures to prevent further costs requiring reimbursement by F
the Commission The Commission shall then only be responsible for any reasonable
and non-terminable obligations incurred by the Grantee in the performance of this
Agreement prior to the date of the notice to terminate or suspend, but not to exceed the
balance of the total funds which remains unencumbered under this Agreement at the
time of.termination.
On or before the date of termination of this Agreement, whether terminated by the
Grantee or the Commission, the Grantee shall provide the Commission with all work,
material, data, information, and written, graphic or other work produced, developed or
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EXHIBIT D2
acquired under this Agreement (whether completed or partial), in appropriate, readily
useable form.
The Grantee expressly agrees to waive, release and relinquish the recovery of any
• consequential damages that may arise out of the termination or suspension of this
Agreement. •
• The Grantee shall include in any agreement with any consultant retained for work under
this Agreement a provision that entitles the Grantee to immediately suspend or
terminate the agreement with the consultant for any reason on written notice.
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EXHIBIT E
CERTIFICATION (GCC-1/2019)
The Grantee's signor CERTFIES UNDER PENALTY OF PERJURY that they are duly
authorized to legally bind the Grantee to the clauses below: This certification is made
under the laws of the State of California.
GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations.
b: Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs;
and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) .receive:a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of
employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments
under.the Agreement or termination of the Agreement or both and Grantee maybe
ineligible for award of any future State agreements if the Coastal Commission
determines that any of the following has occurred: (1) the Grantee has made false
certification, or (2) violated the certification by failing to carry out the.requirements as
noted above. (Gov. Code §8350 et seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal
court has been issued against Grantee within the immediately preceding two-year
period because of Grantee's failure to comply with an order of a Federal court which . I
orders Grantee to comply with an.order of the National Labor Relations Board. (PCC
10296) (Not applicable to public entities.)
DocuSign Envelope ID:E7133DD16-DCB1-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 2 of 4
EXHIBIT E
4. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning
of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with
the State of California.
5. SWEATFREE CODE OF CONDUCT;
a. All Grantees contracting for the procurement or laundering of apparel, garments
or corresponding accessories, or the procurement of equipment, materials, or
supplies, other than procurement related to a public works contract, declare
under penalty of perjury that no apparel, garments or corresponding accessories,
equipment, materials, or supplies furnished to.the state pursuant to the contract
have been laundered or produced in whole or in part by sweatshop labor, forced
labor, convict labor, indentured labor under penal sanction, abusive forms of child
labor or exploitation of children in sweatshop labor, or with the benefit of
sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in sweatshop
labor. The Grantee further declares under penalty of:perjury:that they adhere to
the Sweatfree Code of Conduct as set forth on the California Department of
Industrial Relations website located at www.dir.ca.qov, and Public Contract Code
Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to Grantee
records, documents, agents or employees, or premises if reasonably required by
authorized officials of the Coastal Commission, the Department of Industrial
Relations, or the Department of Justice to determine Grantee compliance with
the requirements under paragraph (a).
6. DOMESTIC PARTNERS: For Grantee Agreements of$100,000 or more, Grantee
certifies that the Grantee and/or its subcontractors/consultants are in compliance
with Public Contract Code section 10295.3.
7. GENDER IDENTITY: For Grantee Agreements of$100,000 or more, Grantee
certifies that Grantee is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of .
California.
1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions
regarding current or former state employees. If Grantee has any questions on the
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 3 of 4
EXHIBIT E
status of any person rendering services or involved with the Agreement, the
awarding agency.must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410)
1) No officer or employee shall engage in any employment, activity or enterprise
from which the officer or employee receives compensation or has a financial
interest and which is sponsored or funded by any state agency, unless the
employment, activity or enterprise is required as a condition of regular state
employment.
2) No officer or employee shall contract on his or her own behalf as an
independent Grantee with any state agency to provide goods or services. .'
Former State Employees (Pub. Contract Code §10411):
1) For the two-year period from the date they left state employment, no former
state officer or employee may enter into a contract in which they engaged in
any of the negotiations, transactions, planning, arrangements or any part of the
decision-making process relevant to the agreement while employed'in any
capacity by any state agency.
2) For the twelve-month period from the date they left state employment, no
former state officer or employee may enter into a contract with any state
agency if they were employed by that state agency in a policy-making position
in the same general subject area as the proposed contract within the 12-month
period prior to leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall
render this Agreement void. (PCC 10420)
Members of boards and commissions are exempt from this section if they do not
receive payment other than payment of each meeting of the board or commission, j
payment for preparatory time and payment for per diem. (PCC 10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
Grantee affirms to comply with such provisions before commencing the performance
of the work of this Agreement. (Labor Code Section 3700)
. 3. ' AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies
with the Americans with Disabilities.Act (ADA) of 1990,,which prohibits discrimination i
on the basis of disability, as well as all applicable regulations and guidelines issued-
pursuant to the ADA. (42 U.S.C. 12101 et seq.)
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADB13-3EOC28742F2D
City of Huntington Beach
PC-23-05
Page 4 of 4
EXHIBIT E
4. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's
name as listed on this Agreement. Upon receipt of legal documentation of the name
change the State will process the amendment. Payment of invoices presented with a
new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the Coastal
Commission will be verifying that the Grantee is currently qualified to do business
in California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there
are some statutory exceptions to taxation, rarely will a corporate Grantee
performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California)
must be in good standing in order to be qualified to do business in California. The
Coastal Commission will determine whether a corporation is in good standing by
calling the Office of the Secretary of State.
6. 'RESOLUTION: A county, city, district, or other local public body must provide the
State with a copy of a resolution, order, motion, or ordinance of the local governing
body which by law has authority to enter into an agreement, authorizing execution of
the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee shall
not be: (1) in violation of any order or resolution not subject to review promulgated
by the State.Air Resources Board or an air pollution control district; (2) subject to.
cease and desist order not subject to review issued pursuant to Section 13301:of the
Water Code for violation of waste discharge requirements or discharge prohibitions;
or (3) finally determined to be in violation of provisions of federal law relating to air or
water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
Grantees that are not another state agency or other government entity.
DocuSign Envelope ID:E7B3DD16-DC81-4E3F-ADBB-3E0C28742F2D
City of Huntington Beach
PC-23-05
Page 1 of 1
EXHIBIT F
INFORMAL AMENDMENT
Amendment to
1. This amendment (the "Amendment") is made by the California Coastal Commission
and , parties to the agreement dated (the
"Agreement").
2..As of (date) , the Agreement is amended as follows: .
3. Except as set forth in this Amendment, the Agreement is unaffected and shall
continue in full force and effect in accordance with its terms. If there is conflict between
this amendment and the Agreement or any earlier amendment, the terms of this
amendment will prevail.
Signed and Agreed:
Representative of
By:
Printed Name:
Title:
Dated:
Representative of California Coastal Commission:
By:
Printed Name:
Title:
Dated:
{
•
DocuSign
Certificate Of Completion''
Envelope Id:E7B3DD16DC814E3FADBB3E0C28742F2D Status:Sent
Subject:Please DocuSign:PC-23-05 City of Huntington Beach Grant Agreement
FormID:
.
Optional 1:
Source Envelope:
Document Pages:29 Signatures:0 Envelope Originator:
Certificate Pages:2 Initials:0 Parisha Bhaysar
AutoNav:Enabled 11493 Sunset Hills Rd
Envelopeld Stamping:Enabled Suite 100 -
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Reston,VA 20190. •
parisha.bhaysar@coastal.ca.gov •
IP Address:134.186.116.29
Record Tracking
Status:Original Holder:Parisha Bhaysar Location:DocuSign . •
4/22/2024 12:52:46 PM parisha.bhaysar@coastal.ca.gov
Security Appliance Status:Connected Pool:StateLocal •
Storage Appliance Status:Connected Pool:California Coastal Commission Location:DocuSign
•
Signer Events "` ��s' Signature Timestamp
Scott Haberle Sent:4/24/2024 3:57:20 PM
Bonnle.To@surfcity-hb.org •
Security Level:Email,Account Authentication . .
(None) •
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Jessica Chan
jessIca.chan@coastel.ca.gov
•
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events:f Signature Timestamp k
Editor Delivery Events Status Timestam'p
Agent Delivery Events Status Y - Timestamp.
Intermediary Delivery Events . Status Timestamp F,..
Certified Delivery Eventsh Status , .: .�> 5.. : ' . Tirr�es#amp.. `. . ....A v....Jessica Chan • Sent:4/22/2024 12:58:02 PM
Jessica.chan@coastal.ca.gov VIEWED • Viewed:4/22/2024 2:21:59 PM
Director of Fiscal&Bus Svc
California Coastal Commission Using IP Address:157.131.207.205
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
•
Certified Delivery Events Status Tlmestanip
Margaret Chew Sent:4/22/2024 2:22:00 PM
margaret.chew@coastal.ca.gov VIEWED Viewed:4/24/2024 3:57:20 PM
Chief Accounting Officer
California Coastal Commission Using IP Address:134,186.64.151
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Carbon Copy Events ' Status,
Doug Leach COPIED Sent:4/24/2024 3:57:21 PM
Doug.Leach@surrcity-hb.org CO PIED Viewed:4/24/2024 4:16:20 PM
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
•
Annie Frankel
Annie.Frankel@coastal.ca.gov
Security Level:Email,Account Authentication -
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events 3; Signature Ttmestam
p
Envelope Summary Events Status Tirnestamps
Envelope Sent Hashed/Encrypted 4/22/2024 12:58:02 PM
•
Payment Events $ Status s TimestampS_-_ . .....�.
u y
•
1
}
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4
4NZi c 2000 Main Street,
F - Huntington Beach,CA
` v� 92648
�' City of Huntington Beach APPROVED 7-0
coUNTY
File #: 23-1049 MEETING DATE: 12/19/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Scott M. Haberle, Fire Chief
PREPARED BY: Bonnie To, Principal Management Analyst
Subject:
Adopt Resolution No. 2023-63 approving the application for Whale Tail Grant Funds from the
California Coastal Commission
Statement of Issue:
City Council approval is requested to adopt Resolution No. 2023-63 approving the application(s) for
Whale Tail Grant Funds from the California Coastal Commission.
Financial Impact:
There is no fiscal impact to submit an application for the Whale Tail Grant. If awarded, the grant
amount would be $50,000 with no required City match/cost share.
Recommended Action:
Adopt Resolution No. 2023-63, "A Resolution of the City Council of the City of Huntington Beach
Approving the Application(s) for Whale Tail Grant Funds from California Coastal Commission."
Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
The Huntington Beach Fire Department has prepared an application for the 2023 Whale Tail Grant in
the amount of$50,000 to support the City's Beach Ranger Coastal Education Program. The program
purpose is to acquaint youth from the Oak View community with the ocean environment and help
develop water skills, ocean awareness, safe beach activities, aquatic animal identification, and more.
The grant budget, pending grantor approval, would include reimbursement of operating and
personnel expenses to run the Program. In order to submit the grant application, staff must obtain a
resolution that supports the submittal, authority to enter into an agreement with the California Coastal
Commission if a grant is awarded, and designation of an authorized representative to sign the
agreement. As such, City Council approval is requested to Adopt Resolution No. 2023-63 approving
City of Huntington Beach Page 1 of 2 Printed on 12/14/2023
powered by LegistarTM
File #: 23-1049 MEETING DATE: 12/19/2023
the Application(s)for$50,000 in Whale Tail Grant Funds from California Coastal Commission.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Goal 8 - Public Safety, Strategy A- Community-wide comprehensive risk reduction program to
optimize public safety's emergency response and reduce the number of calls.
Attachment(s):
1. Resolution No. 2023-63
•
City of Huntington Beach Page 2 of 2 Printed on 12/14/2023
powered by Legistarn"
RESOLUTION NO. 2023-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING THE APPLICATION(S) FOR WHALE TAIL GRANT FUNDS FROM
CALIFORNIA COASTAL COMMISSION
WHEREAS,the Commission awards grants for projects that it determines are consistent
with Division 20 of the Public Resources Code and with the Commission's objective of
protecting and enhancing California's coast and ocean for present and future generations;
WHEREAS,the Commission requires that the governing body of the grantee certify
through a resolution that it approves the application for Commission grant funding and
authorizes the execution by a representative of the grantee of a grant agreement on terms and
conditions required by the Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
SECTION 1. Approves the filing of project proposal for Whale Tail program grant
funding from the Commission; and
SECTION 2. Delegates the authority to Eric Parra, Interim City Manager; Scott
Haberle, Fire Chief or Sunny Han, Chief Financial Officer,to conduct all negotiations, sign and
submit all documents, including, but not limited to applications, agreements, amendments, and
payment requests,which may be necessary for the completion of the grant scope(s); and
SECTION 3. Agrees to comply with all applicable Federal, State and local laws,
ordinances, rules, regulations and guidelines.
PASSED and ADOPTED by the City Council of the City of Huntington Beach at the
regular meeting thereof held on the 19c ay of December Alm , 2023.
� 1
REVIEWED AND APPROVED: 411S
' P `' _
Mayor
INITIATED AND APPROVED:
City.Manager
Fire Chief
APPROVED AS TO FORM:
City Attorney
23-13797/324090
Res. No. 2023-63
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on December 19, 2023 by the following vote:
AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick
NOES: None
ABSENT: None
RECUSE: None
t/y;Frimu, 9,644,14,10,44)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California