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HomeMy WebLinkAboutAGMT - California State of Grant Agreement Energy CommissionSTATE OF CALIFORNIA GRANT AGREEMENT CEC-146 (Revised 32019) CALIFORNIA ENERGY COMMISSION RECIPIENT City of Seal Beach AGREEMENT NUMBER APP -22-095 ADDRESS AGREEMENT TERM 02/23/2023 to 05/31/2027 211 Eighth St. The effective date of this Agreement is either the start date or the approval Seal Beach CA, 90740 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 DESCRIPRON 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 — Application with Scope of Work Page(s): 4 Exhibit B — APP General Terms and Conditions Page(s): 5 Exhibit C — Contact List Page(s): 1 $ 40,000 1 The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein. CALIFORNIA ENERGY COMMISSION CONTRACTOR AUTHORIZED SIGNATUREDATE RR D5 GNA R k-19/2023 Digitally si ned by Adrienne Winuk Adrienne Winuk'pate:2023 4.2813:53:47-07'00' NME Adrienne Winuk s�f i� �. Inq YA TRLE TITLE Contracts, Grants, and Loans Office Manager/� CALIFORNIA ENERGY COMMISSION ADDRESS C f E -ell BP.(i CV1 715 P Street, MS 18, Sacramento, CA 95814 J t 44!!v ATTACHMENT 01 Grant Application Form — EXHIBIT A California Automated Permit Processing (CaIAPP) Program 1. APPLICANT INFORMATION (REQUIRED) Jurisdiction Name (please use full legal name as it would appear on the executed grant): City of Seal Beach Jurisdiction Type (select one): F City ® County ® City and County Current Estimated Population State of California Department of Finance Demographics (https:Hdof.ca.gov/forecasting/Demographics/): Less than 50,000 ® From 100,000 to 200,000 ® From 50,000 to 99,999 ® Greater than 200,000 Project Manager (serves as point of contact for all communications) Name Alexa Smittle Street Address 211 Eighth St City and Zip Code Seal Beach, CA 90740 Phone Number (562) 431-2527 E -Mail Address asmittlePsealbeachca.gov 2. FUNDING (REQUIRED) Assigned Maximum Grant Amount (select one) Group 1 ($40,000): Population less than 50,000 Group 2 ($60,000): Population from 50,000 to 99,999 ® Group 3 ($80,000): Population from 100,000 to 200,000 ® Group 4 ($100,000): Population greater than 200,000 March 2023 Page 1 of 4 APP -22-095 CaIAPP Attachment 01 City of Seal Beach 3. PROJECT INFORMATION (REQUIRED) A. Online, automated solar permitting platform to be adopted: SolarAPP+ ® Other. If selected, complete Section 4 ("Additional Information'l B. Please select allowable budget item(s) anticipated to be used (Select at least one): FX—]Ongoing in-house staff labor costs associated directly with adoption and maintenance of the platform Ongoing third -party or consultant time associated directly with adoption and maintenance of the platform FlOngoing staff training and education, specific to the platform Ongoing training events for local installers, specific to the platform Essential hardware or equipment necessary to support adoption of the platform Maintenance, such as adding support for energy storage paired with solar energy system permitting, and subscription cost for permit tracking software in support of adopted permitting platform C. Estimated Project Timeline* *Enter actual dates if activities already began Activity Date (Month/Year) Begin Development/Pilot Energov (6/21); SolarAPP integration (4/23) Full Adoption 10/23 Staff Training 8/23-10/23 Training for Local Installers 10/23-12/23 estim. March 2023 Page 2 of 4 APP -22-095 CalAPP Attachment 01 City of Seal Beach 4. ADDITIONAL INFORMATION (if applicable) NOTE: Only complete this section if you implement a platform other than SolarAPP+ Please identify whether the following features are supported by the implemented platform. All features are required for the platform to qualify for funding. CEC staff will verify prior to payment approval. Performs an automated plan review for residential solar energy systems that completes automatic code compliance checks based inputs thereby enabling or F� Yes F No on user (such as a contractor), otherwise issuing permits instantly when the project is confirmed X' Yes No as code compliant, without the need for human review Supports online, immediate fee payment once an application is Yes ® No complete, which may include auto -invoicing of permit fee costs Supports immediate generation of a permit job card following ® Yes F No payment confirmation Blocks noncompliant applications from receiving a permit ®Yes ® No EITHER: 1) Stand-alone permitting tool; OR 2) Integrates with Yes No current software and inspection platform already in use REPORTING (REQUIRED) Following adoption and verification of a qualifying platform, the Energy Commission may request, and the Recipient will provide if requested, annual data on the number of permits issued for solar energy systems and a solar energy system paired with an energy X' Yes No storage system including relevant characteristics of those systems, such as system capacity. Please indicate your acceptance of these terms. March 2023 Page 3 of 4 APP -22-095 CalAPP Attachment 01 City of Seal Beach 6. CERTIFICATION (REQUIRED) • I am authorized to complete and sign this form on behalf of the applicant. • I authorize the California Energy Commission to make any inquiries necessary to verify the information presented in this application. • I have read and understand the terms and conditions contained in this solicitation. I accept the terms and conditions contained in this solicitation on behalf of the applicant, and the applicant is willing to enter into an agreement with the Energy Commission to conduct the proposed project according to the terms and conditions without negotiation. • I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of Authorized Representative: Alexa Smittle Title: Community Development Director Phone Number: (562) 431-2527 E-mail Address: asmittle@sealbeachca.gov Date: 2/22/2023 Signature of Authorized Representative: NOTE: Do not overlap signature with surrounding border lines. March 2023 Page 4 of 4 APP -22-095 CalAPP Attachment 01 City of Seal Beach Exhibit B California Automated Permit Processing (CaIAPP) Program Terms and Conditions 1. Background and Authority for this Grant California Senate Bill 129 (2021) included an appropriation to the California Energy Commission (CEC) to support a grant program for cities, counties, or cities and counties to establish online solar permitting. 2. Documents Incorporated by Reference and Priority Incorporated by reference into this agreement are the following documents: A. Grant Funding Opportunity (GFO) 21-402. B. Recipient's application to CaIAPP. As between the incorporated documents and the remainder of this Agreement, the rest of this Agreement takes priority in case of a conflict. 3. Budget, Invoices, and Payments a) The CEC is only obligated to reimburse the Recipient for paid costs that are (1) incurred during the Agreement Term; (2) invoiced within the required timeframes of this Agreement; (3) not more than this Agreement's budget; and (4) reasonable, actual, and allowable expenses under this Agreement. b) Recipient acknowledges that the funds under this Agreement have a liquidation date of June 30, 2027, a legal timeframe after which the CEC has no authority to pay the funds. In addition, it takes the CEC administrative time to review, approve, work with the Recipient to correct any errors in, and request the State Controller's Office to pay invoices. Accordingly, Recipient acknowledges that if it does not submit accurate invoices by March 30, 2027, for all amounts due under the Agreement, it risks not receiving payment, and relinquishes all rights to such payments should the CEC not pay it by the liquidation date. Recipient acknowledges that time is of the essence in invoicing by March 30, 2027, for all amounts due under this Agreement. The Recipient may request payment from the Energy Commission at any time during the term of this Agreement after successful adoption of a qualifying solar permitting platform as verified by the CEC, but no more frequently than monthly. Recipient must use the CAM provided template invoice spreadsheet. c) If invoicing for in-house staff time, the template invoice spreadsheet must identify the employee's name, hours worked, and billing rate to be included as a reimbursable expense. d) Unallowable costs include: • Software not related to the adoption of a qualifying online, automated permitting platform. • Any costs incurred or activities conducted prior to entering into a grant agreement with the Energy Commission or incurred after the grant agreement has ended. • Typically excluded items such as food and beverages. March 2023 Page 1 of 5 APP -22-095 City of Seal Beach • Advertising costs. • Fines and penalties. • Permit processing fees charged by operator of an online platform. • All other costs not identified as allowable. • Unreasonable amounts or rates. 4. Certification By signing this Agreement, Recipient hereby certifies that all funds received pursuant to this Agreement shall be spent exclusively for its CaIAPP project in compliance with this Agreement. The Recipient further certifies that it shall comply with all applicable laws in performing this Agreement. S. Nondiscrimination Statement of Compliance During the performance of this Agreement, the Recipient 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 Recipient 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 Recipient 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 Recipient 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 Recipient shall include the nondiscrimination and compliance provisions of this section in all subcontracts to perform work under this Agreement. 6. 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 with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: 1) 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 as required by Government Code Section 8355(a). 2) Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: March 2023 Page 2 of 5 APP -22-095 City of Seal Beach • The dangers of drug abuse in the workplace; • The person's or organization's policy of maintaining a drug-free workplace; • Any available counseling, rehabilitation, and employee assistance programs; and • Penalties that may be imposed upon employees for drug abuse violations. 3) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed project: • Will receive a copy of the company's drug-free policy statement; and • Will agree to abide by the terms of the company's statement as a condition of employment on the project. In addition to any other rights and remedies available to the CEC, failure to comply with these requirements may result in 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 as noted above. 7. Americans With Disabilities Act By signing this Agreement, the Recipient 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. 8. Accounting and Audit The Recipient will keep separate, complete, and correct accounting of the costs involved in completing the Agreement. The Recipient 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 Recipient agrees to maintain such records for possible audit for a minimum of three (3) years after the Agreement ends in any way. The Recipient 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 Recipient 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 16. Access to Sites and Records. 9. Public Works The Recipient is responsible for complying with all applicable laws, which can include public works requirements under the Labor Code. Recipient 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, Recipient certifies that it shall comply with all applicable Public Works laws and requirements. March 2023 Page 3 of 5 APP -22-095 City of Seal Beach 10. Intellectual Property As between the Recipient and the CEC, the Recipient 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 all intellectual property, such as the products identified in Section 2. above, for governmental purposes the Recipient or its subcontractors create under this agreement. The Recipient shall include a provision securing these rights for the CEC in all of its subcontractor agreements related to performance of this Agreement. 11. Amendment No amendment or variation of this Agreement shall be valid unless made in writing and signed by both the Recipient and CEC. 12. Governing Law This Agreement is governed by the laws of the State of California as to interpretation and performance. 13. Independent Capacity In the performance of this Agreement, Recipient 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. 14. 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. 15. 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. 16. Access to Sites and Records The Recipient 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 8. Accounting and Audit. 17. Termination Without Cause The CEC may terminate this Agreement without cause upon giving written notice to the Recipient. In this event, the Recipient will use all reasonable efforts to mitigate its expenses and obligations. March 2023 Page 4 of 5 APP -22-095 City of Seal Beach 18. Third -Party Beneficiary The Recipient shall in every subcontract under this Agreement include a provision indicating the CEC is a third -party beneficiary to the agreement. 19. Survival of Terms The following terms survive this Agreement no matter how the agreement ends, such as by its own terms or via termination: • 8. Accounting and Audit • 9. Public Works • 10. Intellectual Property • 12. Governing Law • 14. Severability • 15. Waiver • 16. Access to Sites and Records • 18. Third -Party Beneficiary March 2023 Page 5 of 5 APP -22-095 City of Seal Beach Exhibit C CONTACT LIST California Energy Commission Recipient Commission Agreement Manager: Project Manager: Adam Van Winkle Alexa Smittle, Community Development California Energy Commission Director 715 P Street, MS -45 City of Seal Beach Sacramento, CA 95814 211 Eighth St Phone: (916) 891-9060 Seal Beach, CA 90740 e-mail: adam.vanwinkle@energy.ca.gov Phone: (562) 431-2527 x1313 e-mail: asmittlea-sealbeachca.gov Confidential Deliverables/ Products Administrator: # California Energy Commission Jill Ingram, City Manager Contracts, Grants, and Loans Officer City of Seal Beach 715 P Street MS -18 211 Eighth St Sacramento, CA 95814 Seal Beach, CA 90740 I Phone: (562) 431-2527 x1301 e-mail: iingram a-sealbeachca.gov Invoices, Progress Reports and Non- Accounting Officer: Confidential Deliverables to: California Energy Commission Accounting Officer 715 P Street MS -2 Sacramento, CA 95814 Email PDF of Payment Request invoice packet to: invoices@energy.ca.gov Legal Notices: Tatyana Yakshina Grants Manager 715 P Street MS -18 Sacramento, CA 95814 Phone: (916) 827-9294 e-mail: tatyanayakshina@energy.ca.gov Alayna Hoang Finance Manager 211 Eighth Street { Seal Beach, CA, 90740 Phone: (562) 431-2527 ext. 1330 f e-mail: invoices(a-sealbeachca.gov j Recipient Legal Notices: I Nicholas R. Ghirelli Seal Beach City Attorney } Richards Watson Gershon 1 Civic Center Circle P.O. Box 1059 Brea, CA 92822-1059 ► Phone: (213) 626-8484 e-mail: nghirelli(aD_rwglaw.com March 2023 Page 1 of 1 APP -22-095 City of Seal Beach