HomeMy WebLinkAboutState of California - California Energy Commission - 2024-09-17 ��NTI.,o 2000 Main Street,
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92648ach,CA
City of Huntington Beach
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File #: 24-618 MEETING DATE: 9/17/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Sarah Whitecotton, Management Analyst
Subject:
Approve and authorize execution of Agreement#OTF-24-005 for HB Ride Circuit Shuttle
Program with California Energy Commission (CEC) to provide funding for the City's
downtown shuttle service with Circuit Transit, Inc. ("Circuit") and appropriation of funds
Statement of Issue:
A two-year downtown electric shuttle service agreement with Circuit Transit, Inc. was approved
effective January 2024, and staff was directed to obtain grants to help fund the contract. Approving
this California Energy Commission one-time grant will fund $350,000 of the overall Circuit agreement.
Financial Impact:
The OTF-24-005 HB Ride Circuit Shuttle Program Grant Agreement with California Energy
Commission (CEC) will fund $350,000 of the Circuit agreement. There is no required match.
I
Recommended Action:
A) Approve Agreement#OTF-24-005 HB Ride Circuit Shuttle Program Grant with the California
Energy Commission (CEC) to provide funding for the City's downtown shuttle service with Circuit
Transit, Inc. ("Circuit"); and,
B) Authorize the Public Works Director to execute the OTF-24-005 HB Ride Circuit Shuttle Program
Grant Agreement with California Energy Commission (CEC) electronically; and,
C) Approve a budget appropriation of$350,000 for the California Energy Commission (CEC) grant
funds into business unit 129885001.69505.
Alternative Action(s):
Do not approve the recommended actions, and direct staff accordingly.
Analysis:
The Budget Act of 2023, as reflected in California's Senate Bill 104 (SB 104), included an
City of Huntington Beach Page 1 of 2 Printed on 9/11/2024
powere'd15$71 LegistarTM
File #: 24-618 MEETING DATE: 9/17/2024
appropriation to fund the HB Ride Circuit Shuttle Program in the City of Huntington Beach. The
California Energy Commission and the City of Huntington Beach are entering into this pass-through
grant agreement to fund this project in the amount of$350,000.
The downtown electric shuttle service program is also being funded through an Orange County
Transportation Authority Project V grant of $806,240 (126390001.69505), In-Lieu Parking Fee funds
of $100,000 (30885101.69505), and the AB 2766/MSRC Micro-Transit Service grant from SCAQMD
of $279,186 (129185101.69505). There is no impact to the City's General Fund to provide this
service for the two-year term.
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 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the
City's priority initiatives and projects.
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. OTF-24-005 HB Ride Circuit Shuttle Program Grant Agreement with California Energy
Commission (CEC)
2. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 9/11/2024
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STATE OF CALIFORNIA
GRANT AGREEMENT '"%¢ 4
CEC-146(Revised 3/2019) CALIFORNIA ENERGY COMMISSION
RECIPIENT AGREEMENT NUMBER
City of Huntington Beach OTF-24-005
ADDRESS AGREEMENT TERM
2000 Main Street 8/15/2024 to 3/31/2027
The effective date of this Agreement is either the start date or the approval
Huntington Beach, CA 92648 signature date by the California Energy Commission representative below,
whichever is later.The California Energy Commission shell be the last
party to sign.No work is authorized,nor shell any work begin,until on or
after the effective date.
PROJECT DESCRIPTION .. .
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a
part of the agreement.
Pass Through Grant Subaward Page(s): 5
Contacts List Page(s): 1
REIMBURSABLE AMOUNT
$350,000
MINIMUM MATCH SHARE REQUIRED
$ 0
•
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$350,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CITY OF HUNTINGTON BEACH
AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE /2 // DATE
LA:vuj 9/20/2024 f' -r /
iba
l z
NAME NAME ,
Adrienne Winuk ek.a. L V
TITLE TITLE
Contracts, Grants, and Loans Office Manager �p/ //e i C �o
CALIFORNIA ENERGY COMMISSION ADDRESS Y i I {/ I
ks
715 P Street, MS 18, Sacramento, CA 95814
COUNTERPART APPROVED AS TO FORM
•
MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
STATE OF CALIFORNIA
GRANT AGREEMENT
CEC-146(Revised 3/2019) CALIFORNIA ENERGY COMMISSION
RECIPIENT AGREEMENT NUMBER
City of Huntington Beach OTF-24-005
ADDRESS AGREEMENT TERM
2000 Main Street 8/15/2024 to 3/31/2027
The effective date of this Agreement is either the start date or the approval
Huntington Beach, CA 92648 signature date by the California Energy Commission representative below,
whichever is later.The California Energy Commission shall be the last
party to sign.No work is authorized,nor shall any work begin,until on or
after the effective date.
PROJECT DESCRIPTION
The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a
part of the agreement.
Pass Through Grant Subaward Page(s): 5
Contacts List Page(s): 1
REIMBURSABLE AMOUNT
$350,000
MINIMUM MATCH SHARE REQUIRED
$ 0
TOTAL OF REIMBURSABLE AMOUNT AND MINIMUM MATCH
$350,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.
CALIFORNIA ENERGY COMMISSION CITY OF HUNTINGTON BEACH
AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE / DATE //
Y
NAME NAME /�
Adrienne Winuk C2.6�(.�. VGC-
TITLE TITLE
Contracts, Grants, and Loans Office Manager � / /; ���
CALIFORNIA ENERGY COMMISSION ADDRESS V II'
715 P Street, MS 18, Sacramento, CA 95814
APPROVED AS TO FORM
•
Rv•
MICHAEL E. GATES
CITY ATTORNEY
COUNTERPART
CITY OF HUNTINGTON BEACH
California Energy Commission
Pass-Through Grant Subaward to the City of Huntington Beach
1. Background and Authority for this Grant:
The Budget Act of 2023, as reflected in California Senate Bill 104(SB 104),Chapter 189/Statutes of 2023,
section 90, amending section 19.561, included an appropriation to fund the HB Ride Circuit Shuttle
Program in the City of Huntington Beach (City):
Sec. 19.561 . . . (b) To be allocated by the Department of Parks and Recreation as
follows:
(72) $350,000 for the City of Huntington Beach to support the Huntington Beach
Ride Circuit Shuttle Program.
In a letter dated October 9, 2023,which provided a "List of Changes Pursuant to Section 19.561 through
10.569 (SB 104, Ch. 189/2023),"the Department of Finance transferred the allocating authority for
these funds from the Department of Parks and Recreation to the California Energy Commission (CEC),
pursuant to section 19.561(a)(6) of the Budget Act of 2023. Therefore,the CEC and the City are entering
into this pass-through grant agreement (Agreement)to exercise this authority and fund the project.
2. Scope of Work and Products
The City shall only use funds received under this Agreement for its HB Ride Circuit Shuttle
Program to improve micro-mobility, reduce car traffic,and provide low cost,on-demand transit
to residents and visitors using all-electric shuttles.The City shall provide two products to the
CEC:
1%1itrN s �' �,„RfAh Products"'` d a f
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1. Midway Project Report Submitted with the second
invoice (see next section
below"Budget, Invoices, and
Payment").
2. Final Project Report Submitted on or before the
Agreement end date.
Both the Midway Project Report and Final Project Report can be brief documents, around 1-3
pages. At a minimum,the reports shall include the project status, actual or anticipated issues
regarding project completion, and if the project is still within budget. If the project is not within
the budget,the City should elaborate on efforts that have been completed or anticipated to
resolve this issue.Additionally,for the Final Project Report,the City shall include at least one
photo of the completed project. It is up to the City to choose a photo submission format, but
digital photo submission is preferred due to the nature of remote work.The City shall submit
Page 1 of$, OTF-24-005
City of Huntington Beach
reports and photos to the Commission Agreement Manager(CAM) listed in Section 4.
3. Budgets, Invoices,and Payments
The CEC only has authority to provide up to$350,000 under this Agreement.The CEC will
provide this amount in two equal half payments of$175,000 each upon receiving and
approving invoices from the City.The City's first invoice can be at the start of the agreement.
During the midway point of the project, close to when the first payment is close to being paid
out,the second invoice can begin.
The City shall submit the Midway Project Report in conjunction with the Second Invoice. Under
Senate Bill 104,section 90, amending section 19.561,the CEC has the authority to allocate the
payments as an advanced lump sum. Funding can be applied to incurred costs that are prior to
the effective date of this agreement. (SB 104,Section 19.561(a)(5)). For allocations in this
section that include a designated state entity,the entity shall allocate the funds to the
recipients identified in the paragraphs following each designation.The state entity shall
determine the best method for allocation to ensure the funds are used for the purposes
specified in this section.
To maximize efficiency and minimize costs for the CEC and City,this agreement will undergo a
two-part advanced payment approach.Since payments will be made in advanced, invoices will
not need be detailed. However, if requested,the City,shall promptly provide any information
regarding this agreement that is listed in the Terms and Conditions under Section D.Audit and
under Section L:Access to Sites and Records.
4. CEC and City Project Contacts
California Energy City of Huntington Beach
Commission, Project Contacts
ProjectContact
Commission Agreement Manager: Program Manager:
Kyle Wada
715 P Street, MS-28 Sarah Whitecotton
Sacramento, CA 95814 2000 Main Street
Phone: (916) 909-2590 Huntington Beach,CA 92648
e-mail: kyle.wada@energy.ca.gov Phone: (714)375-5070
e-mail:Sarah.Whitecotton@surfcity-hb.org
5. Certification
Page 2 of 5 OTF-24-005
City of Huntington Beach
By signing this Agreement,the City hereby certifies that all funds received pursuant to this
agreement shall be spent exclusively for its HB Ride Circuit Shuttle Program to improve micro-
mobility, reduce car traffic,and provide low cost,on-demand transit to residents and visitors
using all-electric shuttles.The City further certifies that it shall comply with all applicable laws in
performing under this Agreement and in carrying out and administering the electric shuttle
program.
6. California Environmental Quality Act(CEQA)
Before signing this Agreement, CEC staff considered the applicability of CEQA.The CEC's execution of
this Agreement for the electric shuttle program is not a project under CEQA. CEQA only applies to "to
discretionary projects proposed to be carried out or approved by public agencies." (Public Resources
Code section 21080(a).)The CEC does not have discretion to not award these funds to the City for this
project. SB 104 (2023)section 90, amending section 19.561(a)(2),states, "For allocations in this section
that include a designated state entity,the entity shall allocate the funds to the recipients identified in
the paragraphs following each designation." (Underline added.) Accordingly,the CEC's part in this pass-
through appropriation from the Legislature is not a project for purposes of CEQA, but the City must still
comply with any applicable CEQA requirements.
7. Terms and Conditions
A. Nondiscrimination Statement of Compliance
During the performance of this Agreement,the City and its subcontractors will not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for employment because of
sex,sexual orientation, race, color,ancestry, religious creed, national origin, physical disability(including
HIV and AIDS), mental disability, medical condition, age, marital status, or denial of family care leave.
The City and its subcontractors will ensure that the evaluation and treatment of their employees
and applicants for employment are free from such discrimination and harassment.
The City and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act
(Government Code Sections 12990 et seq.) and the applicable regulations promulgated thereunder
(California Code of Regulations,Title 2,Section 11000 et seq.).The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section 12990 (a-f),set forth in
Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part of it as if set forth in full.The City and its subcontractors will
give written notice of their obligations under this section to labor organizations with which they have a
collective bargaining or other Agreement.
The City shall include the nondiscrimination and compliance provisions of this section in all subcontracts
to perform work under this Agreement.
B. Drug-Free Workplace Certification
By signing this Agreement,the Recipient certifies under penalty of perjury under the laws of the State of
California that it will comply and will ensure its subcontractors will comply with the requirements of the
Drug-Free Workplace Act of 1990(Government Code Section 8350 et seq.). In addition to any other
rights and remedies available to the CEC,failure to comply with these requirements may result in
Page 3,of 5 OTF-24-005
City of Huntington Beach
suspension of payments under the Agreement or termination of the Agreement or both, and the
Recipient may be ineligible for any future state awards if the CEC determines that any of the following
has occurred: (1)the Recipient has made false certification, or(2)violates the certification by failing to
carry out the requirements of the Act.
C. Americans With Disabilities Act
By signing this Agreement,the City assures the CEC that it complies with the Americans with Disabilities
Act (ADA) of 1990(42 U.S.C.Section 12101, et seq.),which prohibits discrimination on the basis of
disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
D. Audit
The City agrees that the CEC,the Bureau of State Audits, or their designated representative shall have
the right to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement.The City agrees to maintain such records for possible audit for a
minimum of three(3)years after the agreement ends in any way.The City agrees to allow the auditor(s)
access to such records during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further,the City agrees to include a similar
right of the CEC,the Bureau of State Audits, or their designated representative,to audit records and
interview staff in any subcontract related to performance of this Agreement.These rights and
responsibilities are in addition to and not restrictive of those in Section 7. L.Access to Sites and Records.
E. Public Works
The City is responsible for complying with all applicable laws,which can include public works
requirements under the Labor Code. City acknowledges acceptance of Agreement funds may
trigger public works laws (Labor Code Section 1720 et seq.), a requirement of which is to pay
prevailing wages, applying to its entire project. If the project is public works,then it is subject to
compliance monitoring and enforcement by the Department of Industrial Relations. By signing
this Agreement, City certifies that it shall comply with all applicable Public Works laws and
requirements.
F. Intellectual Property
As between the City and the CEC,the City owns all intellectual property it or its subcontractors
create under this Agreement.The CEC has a no-cost, non-exclusive,transferable, irrevocable,
royalty-free,worldwide, perpetual license to use, publish,translate, modify, and reproduce the
products identified in Section 2. above,for governmental purposes.
G. Amendment
No amendment or variation of this Agreement shall be valid unless made in writing and signed by
both the City and CEC.
H. Governing Law
This Agreement is governed by the laws of the State of California as to interpretation and performance.
I. Independent Capacity
Page 4 of 5 OTF-24-005
City of Huntington Beach
In the performance of this Agreement, City and its agents,subcontractors, and employees will act
in an independent capacity and not as officers, employees, or agents of the CEC or the State of
California.
J. Severability
If any provision of this Agreement is unenforceable or held to be unenforceable,all other
provisions of this Agreement will remain in full force and effect.
K. Waiver
No waiver of any breach of this Agreement constitutes waiver of any other breach. All remedies
in this Agreement will be taken and construed as cumulative, meaning in addition to every other
remedy provided in the Agreement or by law.
L. Access to Sites and Records
The City shall provide during the Agreement and for at least 3 years after the Agreement ends in
any way to the CEC or its representatives reasonable access to all project sites and to all records
related to this Agreement.These rights and responsibilities are in addition to and not restrictive
of those in Section 7. D.Audit.
M. Survival of Terms
The following terms survive this Agreement no matter how the agreement ends, such as by its
own terms or via termination:
• D.Audit
• E. Public Works
• F. Intellectual Property
• H. Governing Law
• J. Severability
• K. Waiver
• L.Access to Sites and Records
N. Executive Order N-6-22—Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic
Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions
imposed by the U.S.government in response to Russia's actions in Ukraine, as well as any sanctions
imposed under state law.The EO directs state agencies to terminate agreements with, and to refrain
from entering any new agreements with, individuals or entities that are determined to be a target of
Economic Sanctions.Accordingly, should the State determine Recipient is a target of Economic Sanctions
or is conducting prohibited transactions with sanctioned individuals or entities,that shall be grounds for
termination of this agreement.The CEC shall provide the Recipient advance written notice of such
termination,allowing the Recipient at least 30 calendar days to provide a written response.Termination
shall be at the sole discretion of the CEC.
Page 5 of 5 OTF-24-005
City of Huntington Beach
Contact List
California Energy Commission Recipient
Commission Agreement Manager: Program Manager:
Kyle Wada Sarah Whitecotton
California Energy Commission 2000 Main Street
715 P Street, MS-6 Huntington Beach,CA 92648
Sacramento, CA 95814 Phone: (714)375-5070
Phone: (916)909-2590 e-mail:Sarah.Whitecotton@surfcity-hb.org
e-mail: kvle.wada@energv.ca.gov
Confidential Products: Program Administrator:
Email a request to submit Confidential Products Shannon Levin
to: CGLfiles@energy.ca.gov 2000 Main Street
Huntington Beach,CA 92648
Subject line should read: Phone: (714) 536-5537
e-mail:Shannon.Levin@surfcity-hb.org
Request to Submit Confidential Products:
[Recipient Name and CEC Agreement]
Invoices:
Please submit electronic invoices in ECAMS:
https://ecams.energv.ca.gov/s/login/
Legal Notices:
' Tatyana Yakshina
Grants Manager
California Energy Commission
715 P Street, MS-18
Sacramento, CA 95814
Phone: (916) 827-9294
e-mail:Tatyana.yakshina@energv.ca.gov
Page 1 of 1 OTF-24-005
City of Huntington Beach
DocuSign.
Certificate Of Completion
,
,
Envelope Id: 126564C3D9FB4A9C8ABE3E29A797EB49 Status:Sent
Subject:Final Distribution OTF-24-005.pdf
Source Envelope:
Document Pages:7 Signatures:0 Envelope Originator:
Certificate Pages:2 Initials:0 Brad Worster
AutoNav:Enabled 11493 Sunset Hills Road Suite 100
Envelopeld Stamping:Disabled Suite 100
Time Zone:(UTC-08:00)Pacific Time(US&Canada) Reston,VA 20190
Brad.Worster@energy.ca.gov
IP Address:71.197.111.235
Record Tracking
Status:Original Holder:Brad Worster Location:DocuSign
8/21/2024 4:06:06 PM Brad.Worster@energy.ca.gov
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:Energy Resources Conservation and Location:DocuSign
Development Commission
Signer Events Signature Timestamp {
Shannon Levin Sent:8/21/2024 4:12:56 PM
Shannon.Levin@surfcity-hb.org
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestam
P
Intermediary Delivery Events Status _._ „_Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status' Timestamp
Kyle Wada COPIED Sent:8/21/2024 4:12:56 PM
kyle.wada@energy.ca.gov Viewed:8/21/2024 4:13:17 PM
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Sarah Whitecotton ���� Sent:8/21/2024 4:12:57 PM
Sarah.Whitecotton@surfcity-hb.org Viewed:8/22/2024 6:48:09 AM
Security Level:Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events - Signature - Timestamp
T
Notary Events k� � Signature
imestamp .,
• • , ,
Envelope Summary Events • Status • Timestamps
Envelope Sent Hashed/Encrypted 8/21/2024 4:12:57 PM
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BAC KG RO U N
• The downtown electric shuttle service agreement,
Circuit Transit, Inc. , was approved for a two-year
contract effective January 2024. Staff was directed to
obtain grant funding for the majority of the contract.
Execution of this agreement will conclude those
successful efforts.
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Details .
• The OTF-24-005 HB Ride Circuit Shuttle Program Grant
Agreement with California Energy Commission (CEC) will fund
the final $350,000 of the Circuit Transit, Inc. contract.
• Previously approved funding was in the form of an Orange
County Transit Authority Project V grant of $806,240
(126390001 .69505), In-Lieu Parking Fee funds of $100,000
(30885101 .69505), and the AB 2766/MSRC Microtransit Service
grant from SCAQMD of $279, 186 (129185101 .69505). oNcr
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464
Recommended
• Approve and authorize Director of Public Works to
execute the agreement; and ,
• Approve a budget appropriation of $350,000 into
account 129885001 .69505.
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