Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 99087668-09BE-4284-A6D7-31DDC1442O94 WHEREAS, the City as Lead Applicant will enter into a Grant Agreement with the Strategic Growth Council and be responsible for compiling and submitting all invoices and reporting documents; and
WHEREAS, the City will be responsible for approving disbursement of Grant Funds to all Partners; and
WHEREAS, the City and Partners will submit an application for a TCC Implementation Grant; and
WHEREAS, in furtherance of that application, the City and Partners desire to enter into this MOU.
NOW, THEREFORE, in consideration of the promises set forth herein, the receipt and sufficiency of which is hereby acknowledged, the undersigned parties, as participants in the State of California's TCC Program administered through the Strategic Growth Council, hereby agree to the following terms and responsibilities for administration of the Grant Program as follows:
1. INCORPORATION OF RECITALS. The parties hereby affirm and incorporate by reference into this MOU the Recitals set forth above.
2. DEFINITIONS.
a. "City" shall mean the City of Bakersfield, its employees, agents, or other designees assigned by the City Manager. For the purpose of the TCC Program, the City is the lead applicant and the grantee. b. "Partner" shall mean all legal entities that are identified as parties to this MOU in Exhibit A who act together with the City for the purpose of implementation of the Project.
c. "Project" shall mean the development, venture, undertaking, task or work that Partner is to complete, as generally described in Exhibit A.
Partner shall complete the project substantially in the form and manner presented herein including the roles and responsibilities described below.
d. "Community Partners" shall mean members of the Collaborative Stakeholder Structure that are not co-applicants or City representatives including, but not limited to, community-based groups, community-based organizations, advocates, religious institutions, business associations, and small business owners within the focus area.
e. "Stakeholder" shall mean all members of the community with an interest in the successful implementation of the TCC program and participating in the application, submission and implementation of TCC grant funds, including but not limited to Community Steering
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 99087668-09BE-4284-A6D7-31DDC1442D94 Committee, Leadership Council, Working Groups and non-applicant community partners and organizations.
f. "Project Focus Area" as shown in Exhibit B.
g. Transformative Climate Communities (TCC): Program administered by the State of California's Strategic Growth Council as established under Assembly Bill 2722 (2016) and the source of funding for these TCC implementation funds for which this stakeholder group oversees.
Except as otherwise defined herein, all capitalized terms shall be as defined in the TCC Program Guidelines.
3. TERM. The term of this MOU shall extend for the entirety of the "Grant Term"; a period of five years beginning from the date of execution of a Grant Agreement between the City and the Strategic Growth Council as well as for the term of any required reporting period of up to two additional years.
This MOU shall remain in effect until all rights, duties, and responsibilities of the parties are exhausted, except those provisions, by which the express terms or nature and context are intended to survive termination or expiration of this MOU.
4. TERMINATION. Either party may terminate this Agreement after giving the other parties written notice, as provided herein, sixty (60) days before the termination is effective.
5. COLLABORATIVE STAKEHOLDER STRUCTURE. The Collaborative Stakeholder Structure will facilitate Stakeholder participation in the implementation of the TCC Proposal and includes the Lead Applicant, Partners, Leadership Council, Community Steering Committee, and Working Groups, as shown in Exhibit C. Stakeholders will consist of three primary focus groups to ensure equitable representation in the decision-making and operation of the stakeholder group: community-based organizations, project partners (also known as implementation partners), and community residents. This Memorandum of Understanding presents the ongoing commitment of partners to incorporate community engagement in the implementation of the program as well as work alongside community residents to ensure transparency and community-led decision-making. If the document is amended or revised it needs to be vetted again. Additional operational procedures, including terms, nomination, and notice requirements, are identified in this section.
The objective of the Collaborative Stakeholder Structure is to achieve an accountable, transparent, and inclusive process for engaging stakeholders. This structure has been developed to provide direction in stakeholder engagement, and communication, and ensure stakeholder
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6O7-31DDC1442O94 engagement activities are integrated and undertaken in a coordinated manner to guide project implementation.
a. Lead Applicant. City of Bakersfield will serve as the Lead Applicant.
CITY is tasked with the responsibility of implementing the Grant Agreement with the Strategic Growth Council which includes compiling and submitting all invoices and reporting documents; monitoring Transformative Requirements, coordination of the implementation of the transformative plans which include community engagement, workforce development, and
displacement avoidance; serving as the primary fiscal agent; ensuring a fair, transparent, accountable, and participatory implementation process; and ensuring the continuation of the public participation process structure of the Collaborative Stakeholder Structure, including public meetings, public website, channels for receiving public comment via email, phone and in-person. In-person public comments shall be limited to three minutes per speaker, with fifteen minutes per topic.
b. Partners. Partners shall be responsible for the implementation of the Transformative Element requirements and project delivery, as well as evaluation and reporting for individual projects. Partners will serve in various roles, including membership on the Leadership Council and Working Groups, to facilitate deliverables of project implementation.
This includes but is not limited to:
i. Ensure delivery of Projects in accordance with Program Guidelines and Grant Agreements.
ii. Monitoring Transformative Requirements and indicator tracking and reporting.
iii. Providing Project-related information and data to the Third Party Evaluator to identify additional indicators for tracking and monitoring based on selected Project types.
iv. Designate Project team leaders that are responsible for the coordination of work plan implementation and completion of projects. Responsibilities of Project Team Leaders include providing information on project timelines, initiation, progress, and completion status. Project Team Leaders will work in coordination with the Technical Assistance Working Group to ensure that all indicator data is reported in a timely manner and meets reporting requirements.
v. Participate in collaborative stakeholder structure and ensure transparent, open engagement with residents in the focus area.
L"-0·1/ I I //
_I
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 c. Leadership Council. The Leadership Council will provide management and oversight over the Southeast Strong Project. This includes ensuring the implementation of programs and projects are carried out in accordance with the established project timelines in the TCC grant proposal. In addition, the leadership council will ensure project information, including project data, project performance, and program efficacy are communicated to the public that are accessible and guided by program recommendations from the Community Steering Committee. The Leadership Council will also appoint members to the Working Groups after receiving input from the Community Steering Committee. Representatives from the Community Steering Committee and the Working Groups shall participate in the Leadership Council meetings to ensure representation from these committees are present.
i. Memberships. The Leadership Council will consist of fifteen ( 15) members. This council will make management decisions for the best use of the awarded grant funds, based on input from Leadership Council and the Community Steering Committee.
The council governing body will be comprised of
representatives from the following organizations: One ( 1) member from the City of Bakersfield, four (4) members from the Community Steering Committee, four (4) members from
community-based partners, and six (6) members shall
represent project implementers. There will be a Chair and two Co-Chairs to lead the Council.
ii. Chair and Co-Chairs. Three (3) members of the council will serve as follows: one ( l) chair and two (2) co-chairs. Chairs and co-chairs shall consist of one ( l) community partner, one ( 1) member of the community steering committee, and one ( 1) implementation partner. In all instances, the chair of the Leadership Council will be the representative from the
community steering committee.
iii. Terms. Each Leadership Council member shall serve a two year term, beginning July l or the respective year within the grant term. Chairs and co-chairs will serve a 1-year term with the opportunity to serve consecutive terms.
iv. Nominations. Representatives will be nominated by Leadership Council, submitted to the community steering committee for input and recommendations, and then chosen via unanimous vote by the Leadership Council at their final meeting of the preceding grant year.
y
-
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 v. Dispute Resolution. Disputes shall be handled by a roll call vote of present members at the stakeholder meeting for which the item is being presented. In the event of a tie, a two-to-one (2 to 1) vote process among the chairs will be used. The City reserves the right to add input on any decisions in which there are dissenting opinions.
vi. Technical Advisor. City staff and consultants shall serve as technical advisors and support staff for the Leadership Council including, but not limited to, providing guidance to the committee on TCC rules and regulations, drafting and posting agendas in advance of meetings, recording meeting minutes, and other support functions as needed. Members of the City of Bakersfield serving in a technical advisory capacity will not serve as voting members.
vii. Operating Procedures. The Leadership Council will follow Roberts Rule of Orders. Meetings shall be held quarterly at publicly accessible locations within the Focus Area. Agendas and meeting schedules will be available in English and Spanish.
All meetings will be open to the public and provide time for public statements on the agenda and non-agenda items. The meetings will also provide a time for Leadership Council members and community member attendees to receive
verbal and written progress reports on project implementation, and updates, as well as discuss concerns, suggestions, and comments about the TCC programming. Representatives from the Community Steering Committee and Working Groups will provide regular updates and provide recommendations to
Leadership Council regarding community input and overall TCC programming development. In all instances, meetings will conclude with minutes being posted on the City's TCC
webpage within 72 hours of the meeting for public review. viii. Notices. Notices will be available in English and Spanish and made available through the following methods of distribution:
The City of Bakersfield's website noticed at City Hall ( 1600 Truxtun Avenue), public libraries within the Focus Area, and noticed in community newspapers.
ix. Membership Removal. Any member of the Leadership Council can be removed with a majority vote of members agreeing to the removal. Further, a member who misses more than 3
meetings without reasonable cause, as determined by a
•co(J
T
�f"'-0·11 • VI t L ,l.,1 1 1
COPY
___
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6O7-31DDC1442O94 majority vote of the Council, shall automatically be asked to resign and can be removed by a vote of the majority of the Council members.
x. Stipends. Members of the Community Steering Committee and community partners serving on the Leadership Council and not affiliated with a partner, co-applicant, or organization associated with a project shall receive a stipend for their participation. Stipend amounts vary on attendance and
engagement for members. A stipend amount of $7 5, $100, and $125 dollars will be awarded to members.
i. $7 5 dollars for regular meeting attendance
ii. $100 dollars for working group participation
iii. $125 dollars for Chair and Co-Chairs roles
d. Community Steering Committee. The Community Steering Committee will act as an advisory committee made up of seven (7) community members that shall be a resource for community collaboration and feedback, provide overall guidance on implementation and transformative plans and input on major budget or programmatic changes. Furthermore, the committee will serve as liaisons between residents and the Leadership Council and provide guidance on items from the perspective of the community, provide updates on committee activities, and make recommendations on leadership matters that reflect the interest of residents within the TCC Focus Area. Members of the committee must have a vested interest in Southeast Bakersfield, (i.e. must live, work, or own a business/property in the Project Focus Area). Committee members will review and make recommendations to Leadership Council on the nominations for the Leadership Council and the Working Group members.
i. The committee will take the initiative to ensure residents are engaged and informed about the TCC program, and provide oversight, and community outreach. Activities include but are not limited to organizing community meetings to discuss project updates and concerns; ensure residents and
stakeholders band together to support projects that would benefit Southeast Bakersfield.
ii. Chair. One active member of the steering committee shall serve as chair.
iii. Terms. Each committee member shall serve a two-year term, beginning July 1 or the respective year within the grant term.
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 Chairs will serve a 1-year term with the opportunity to serve consecutive terms.
iv. Nominations. Each representative shall serve a two-year term, beginning July 1 or the respective year within the grant term.
Representatives will be nominated by the sitting Leadership Council and then chosen via unanimous vote by the
Leadership Council at their final meeting of the preceding grant year.
v. Technical Advisor. City staff and consultants shall serve as technical advisors and support staff for the Community
Steering Committee including, but not limited to, providing guidance to the committee on TCC rules and regulations, drafting and posting agendas in advance of meetings,
recording meeting minutes, and other support functions as needed. Members of the City of Bakersfield serving in a technical advisory capacity will not serve as voting members. vi. Operating Procedures. The Community Steering Committee will follow Roberts Rule of Orders. Meetings shall be held quarterly at publicly accessible locations within the focus area.
Agendas and meeting schedules will be available in English and Spanish. All meetings will be open to the public and provide two (2) minutes of dedicated time for public
statements per speaker on the agenda. This committee will have no voting power in the Leadership Council meetings.
Meetings will In all instances, meetings will conclude with minutes being posted on the City's TCC webpage within 72 hours of the meeting for public review.
vii. Notices. Notices will be available in English and Spanish and made available through the following methods of distribution:
The City of Bakersfield's website noticed at City Hall ( 1 600 Truxtun Avenue), public libraries within the TCC project area, and noticed in community newspapers.
viii. Dispute Resolution. Disputes shall be handled by a roll call vote of present members at the community steering committee
meeting for which the item is being presented. In the event of a tie, the steering committee chair will break the tie. The City reserves the right to add input on any decisions in which there are dissenting opinions.
ix. Membership Removal. Any member of the committee can be removed with a majority vote of Members agreeing to the
CC)py
---·
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 removal. Further, a member who misses more than three (3) meetings without reasonable cause, as determined by a
majority vote of the committee, shall automatically be asked to resign and can be removed.
x. Stipends. Members of the community steering committee who are not affiliated with a partner, co-applicant, or organization associated with a project shall receive a stipend for their participation as stated in Section (5.) (c.) (x).
e. Working Groups. The Leadership Council and the Community Steering Committee will be supported by four (4) Working Groups.
These groups will provide recommendations and updates to Leadership Council and the Community Steering Committee.
Each working group will consist of three (3) members serving a one-year term with the opportunity to serve consecutive terms.
One member shall be an implementation partner for the
corresponding plan, one member shall be a member of the community, and one shall meet the definition of a community partner. Working groups will meet quarterly in a publicly noticed and available space. City staff shall provide technical assistance at all meetings. The four (4) working groups consist of Community Outreach, Displacement Avoidance, Workforce Development & Economic Opportunity, and Project Technical Assistance. i. Community Outreach: Tasked with coordinating the
Community Engagement Plan (CEP) activities. This
subcommittee consists of three members one implementing partner, one community member, and one community
partner. It will oversee the implementation of the CEP and the deliverables of the proposed community activities. The
subcommittee will review community outreach programs,
evaluate effectiveness, and make recommendations to
partners and the Leadership Council where necessary to
ensure strategic implementation. Further, this committee is responsible for ensuring the objectives of the CEP are being met and, where necessary, advising the Leadership Council of potential concerns/recommendations for changes to comply with Strategic Growth Council TCC programming.
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC OocuSign Envelope ID: 990B766B-09BE-42B4-A6O7-31DDC1442O94 ii. Displacement Avoidance: Oversee the implementation of the Displacement Avoidance Plan (OAP). This subcommittee will ensure the impact and effectiveness of programs and/or
policies deployed within the OAP and, where required, make recommendations to the Leadership Council to ensure
programs and policies are adhered to. In addition, they will solicit feedback from the community where needed, and
present any findings to the council on recommended changes to ensure the programs are implemented promptly.
iii. Workforce Development and Economic Opportunity: Tasked with coordinating the Workforce Development and Economic Opportunity Plan (WDEOP) activities including but not limited to implementing new policies and programs, and engaging existing residents and small businesses. This subcommittee will consist of implementing Partners, community stakeholders, and resident representatives. Economic and Community
Development (ECO) staff will coordinate job creation
opportunities stemming from TCC projects to employment
opportunities for residents and small businesses. Further, this working group will report to the Leadership Council on all activities being undertaken as part of the workforce
development programming, ensure proper program tracking, and disseminate program impact information to residents in the community.
iv. Project Technical Assistance: Consists of support staff and consultants. The City of Bakersfield ECO manager, ECO
planning staff, community stakeholders, and consultants will conduct timely virtual calls for updates as well as receive clarification input on relevant application issues or questions. v. Stipends: Members of the community steering committee who are not affiliated with a partner, co-applicant, or organization associated with a project shall receive a stipend for their participation as stated in Section (5.)(c.) (x).
6. CHANGES MUST ADHERE TO TCC REQUIREMENTS. Changes, additions, alterations and all other material changes to the Collaborative Stakeholder Structure, Project, and TCC Funding activities such as the Transformative Plans will be processed in accordance with the terms of the TCC Program
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6O7-31DDC1442O94 Guidelines and Master Grant Agreement and must be memorialized in a duly authorized writing signed by the parties.
7. DISPUTE RESOLUTION. In the event of any dispute arising out of or relating to this MOU, the parties shall attempt, in good faith, to promptly resolve the dispute. If the dispute cannot be resolved by mutual agreement, nothing herein shall preclude any party's rights to pursue remedy or relief by civil litigation, pursuant to the laws of the State of California. Disputes which arise out of the implementation of the projects will be facilitated by the Lead Applicant in consultation with the Leadership Council. Any material changes resulting from the disputes will be processed in accordance with Section 6 above.
8. LEGAL AND FINANCIAL CONSIDERATIONS. The Fiscal Agent shall be the City.
The City shall maintain legal, fiscal, and fiduciary responsibilities, including managing grant funds in accordance with State regulations, policies and guidelines. The City is responsible for the development and submission of all reports to the State and additional funding agencies, bookkeeping, accounting, and grant compliance services. The Lead Applicant will enter in a Master Grant Agreement with SGC which details the processes for the aforementioned considerations. By signing this MOU, all Partners agree to the necessary requirements from the Master Grant Agreement.
9. NONDISCRIMINATION. To the extent required by controlling federal, state and local law, the Lead Applicant, Partners, Community Steering Committee, Working Groups and other Stakeholders (Parties) shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows:
a. The Parties will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. b. The Parties will not discriminate against any employee or applicant for employment because of race, religious creed, color, national
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B 766B-09BE-42B4-A6D7-31DDC1442D94 ong1n, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Parties shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to the Parties' employment practices including, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Parties agree to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
10. COUNTERPARTS. This MOU may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto.
11. DATA COLLECTION AND CONFIDENTIALITY. Each party will collect data, as necessary, retain confidentiality and security of all TCC grant paperwork and other information related to the agreement. Each party may share participant personal information on a need-to-know basis.
12. LIABILITY OF THE PARTIES. Each of the parties to this MOU (each, individually, an "indemnifying party") shall indemnify, defend, and hold harmless the other parties to this MOU (each, individually, an "indemnified party") for any damages, costs, or liabilities of any kind or nature whatsoever that arise out of the negligent acts or omissions of the indemnifying party's own officers, agents, and employees.
���
1 1
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date.
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Deputy City Attorney
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT Ii DocuSigned by:
By: �tas�· ��
JENNIFER M. BYERS
Acting Economic and Community
Development Director
Finance Director
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 99087668-09BE-4284-A6D7-31 DOC 1442094 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
Ii DocuSlgned by:
By:�f:a!:· f?t�
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: __________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
HOUSING AUTHORITY OF THE COUNTY
OF KERN
[DocuSigned bye
By:_...,.,_� .... 01 .... 021,..,..10,-F•=11e""'•� ..... :--_______ _ Print Name: Stephen Pelz
Title: Executive Director---=-'-=-='--"--'-''-'--=---=-'-'-=-=""'--=-'------
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442O94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
liDocuSigned by:
By:_�L,2-�-aa .... a�,_i.c ..... fY ..... ce ..... as� ..... ae_· -�-U'S __ _ JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED :
By: ________ _
RANDY MCKEEGAN
Finance Director
II CO-APPLICANT"
HABITAT FOR HUMANITY - GOLDEN
EMPIRE
r-: DocuSlgned by:
By: __ "<::�=�=C�""'F92"""�""'E0710�SF=4C.,,...B .. -. ------ Print Name: Ron White --------'--"'-'--'-""""-'--'""'-'-'--='------- Title: Executive Director ----=a..:.=-=-=-:..:....;...::-=-:.:....=..;::...:....=.;'------
r�:co·/
y
_,
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B7 66B-09BE-42B4-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
liDocuSigned by:
By:_��-Jt,WA.i~a-ea�_.ec ..... fY"""ca-.a5-�-..·-btt_U'S __ _ JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: ________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
COMMUNITY ACTION PARTNERSHIP OF
KERN
Print Name: Jeremy Tobias
Title :_--=E"""'"xe=-c=-=-ut'-'-iv"-'e=---=D..:..:.ir-=e-=c-'-to=r ____ _
(0�!c,0·1 J
�
y
I '
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC 1442D94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
la
DocuSlgned by:
By: __ L:_Juuu�B=8B�FE=J�FUD=6�85��=6:�. �-U'S __ _
JENNIFER M. BYERS
Acting Economic and Commu nity
Development Director
COUNTERSIGNED:
By: __________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
GRID ALTERNATI VES
Print Name: David Griffin
Title : _ ____,;::C:;_:o:;_--=Ex:..:..e=-c=u=-t'-'--'iv;....;:ea...=D.:..:..ire=-c=-t.:....;:o:..:..r __ _
,---.
'COV:;7/Ci(J
1 /
COpy
I
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: _________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By: G.;�!-� JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: __________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
KERN COMMUNITY COLLEGE DISTRICT
Print Name: Mike Giacomini
Title: Chief Financial Officer ---='-'--'-'--=:;..;......:..-'-'--'-="'--'--=-'---=-'-...::....;..;.;.=.;:a.a...----
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
liDocuSigned by:
By: �f!:.es�• ��
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED :
By: __________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
CIRCLE OF LIFE DEVELOPMENT
FOUNDATION (dba MLK COMMUNITY
INITIATIVE) DocuSignedby:
By: �=6���
Print Name: Arleana Waller
Title: __ _____;::C::....:E:....::O::....L/...:....P.:....;re=sc:....:id:::...:e::...:..n..:..:..t ____ _
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: ___________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: __________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
liDocuSlgned by:
By: ��85�:_ f>tt� JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: _________
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
GOLDEN EMPIRE AFFORDABLE
HOUSING INC. II
�
DocuSigned by:
By:�
Print Name: Diana Elliott
Title: Executive Director����----
PY
r-1
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: _________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: _________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
BAKERSFIELD SENIOR CENTER
Print Name: Lilli Parker ------=-c'-'--'--='--'-"-=-'------ Title : __ ---'E=-x=ec-=cc...:u....:..:ti-'-ve=--=D:..:.:ir--=e--=c-'-to=r ___ _
I
Y L·,L,1Q"/
PY
. ._,
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 9908766B-09BE-4284-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
'1 DocuSlgned by:
By: �t:.!::· �� JENNIFER M. BYERS
Acting Economic and Community
Development Director
CO UNTE RSIGNED:
By:. ________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
BUILDING HEALTY COMMUNITIES
Print Name: Reyna Olaguez
Title:_----'-P;...;:re=s-=--=id:::...:e:...:..n.:...:..t'-'/C=-E=-O=-------
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: __________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
liDocuSlgned by:
By: ��a�· ��
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNT ERSIGNED:
By: ________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
COMMUNITY INTERVENTIONS
Print Name: Ucedrah Osby
Title: Executive Director-��������----
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6O7-31DDC1442O94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
GDocuSigned by:
By: ��S5';;;· ��
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: __________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
COUNTY OF KERN EMPLOYERS'
TRAINING RESOURCE
Print Name: Aaron Ellis
Title: Chief Workforce Development
Office
y
I _,
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 99087668-09BE-4284-A6D7-31 DDC1442094 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: _________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
G
DocuSlgned by:
Ju,uu(ur ftt. bit�
BY: 88BFFC5FQ685486
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: ________ _
RANDY MCKEEGAN
Finance Director
" CO-APPLICANT"
KERN COUNTY BLACK CHAMBER OF
COMMERCE
Print Name: N ick Hill Ill
Title :_--...:....P'-Cre=s..:...;:id::....::e:;.:..n.:..:..t /"-'C=E=O=-------
'l-1 I/
COpy
'
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 99087668-09BE-4284-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
li
DocuSlgned by:
By:�f!:.�- �U-S
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: _________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
MISSION COMMUNITY SERVICES
CORPORATION
0 DocuSlgned by:
By: L1.l�
Print Name: Maxine Kozler ------''-'-'--=�'-=-'...:.=.::::a.=.:..--- Title: Executive Director ---=:....:..::"-=-='--'-'-'-=---=:....:..:....::-=-'-'::..:.-----
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31 DOC 1442D94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: __________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
IADocuSigned by:
By: �t:a85�•- bit�
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By: _________ _ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
VENTURA COUNTY COMMUNITY
DEVELOPMENT
Print Name: Bertha Garcia --.=.=.:....:..:....:=--.;:.=:...=.:..=----- Title: ___ --=E=x=e=c=u..:..:..tiv..:....;e==-=D=ir=e=cc..:....:to=r __ _
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 99087668-098E-4284-A6D7-31DDC1442D94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
li_OocuSigned by:
By: ��U5�· ��
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNT ERSIGNED:
By: __________ _
RANDY MCKEEGAN
Finance Director
" CO-APPLICANT"
3C C APITAL FUNDING, INC.
lnDocuSlgned by:
By: ��E�:�.ss
Print Name: Ali Morris -�����----
Title : ___ -=B-=o-=a"""'rd=-=C-'-h"""a=ir._/C=-=-EO=-----
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 99087668-09BE-4284-A6O7-31DDC1442O94 "CITY"
CITY OF BAKERSFIELD
By: ________ _
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________ _
JOSHUA H. RUDNICK
Deputy City Attorney II
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
li
DocuSlgned by:
By: �tss�- ��
JENNIFER M. BYERS
Acting Economic and Community
Development Director
COUNTERSIGNED:
By:. ________ _
RANDY MCKEEGAN
Finance Director
"CO-APPLICANT"
Greater Bakersfield Legal Assistance,
Inc.
G
DocuSigned by:
C,i.� f bl4VvUU" �fb
BY: 3AE3AD6086394A7 ...
Print Name: Giovanna Fournier Ocampo,
ESQ.
Title: Interim Executive Director
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 99087668-098E-42B4-A6O7-31DDC1442O94 Attachment:
Exhibit "A" - List of Partners
Exhibit "B" - Collaborative Stakeholder Structure
Exhibit "C" - Project Focus Area
Exhibit "D" - Disclosure and Acknowledgement - Conflict of Interest
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 EXHIBIT A: LIST OF PARTNERS
Projects
Bakersfield Senior Center Mixed-Use
Project
Low-Income Energy Efficiency
Program
Neighborhood Revitalization
Program
Dr. Martin Luther King Park - Urban
Greening
Safe Routes to School
Dr. Martin Luther King Boulevard
Corridor Improvements - Active
Transportation
MLK CommUNITY Garden Initiative
Dr. Martin Luther King Boulevard
Corridor Improvements - Urban
Greening
4th Street Active Transportation
Improvements
4th Street Senior Housing
Chester A venue Complete Streets
Garces Circle Improvements
Transformative Elements
Community Engagement as
outlined in Community
Engagement Plan
Workforce Development as
outlined in Workforce Development
Plan
Partner
Housing Authority of the County of Kern
Community Action Partnership of Kern
GRID Alternatives
Kern Community College District
Habitat for Humanity - Golden Empire
City of Bakersfield
City of Bakersfield
City of Bakersfield
Circle of Life Development Foundation
(dba MLK COMMUNITY INITIATIVE)
City of Bakersfield
City of Bakersfield
Golden Empire Affordable Housing Inc. II
City of Bakersfield
City of Bakersfield
Partners
City of Bakersfield
Circle of Life Development Foundation
(dba MLK COMMUNITY INITIATIVE)
Bakersfield Senior Center
Building Healthy Communities
Community Interventions
City of Bakersfield
County of Kern Employers' Training
Resource
Kern Community College
District/Bakersfield College
Kern County Black Chamber of
Commerce
A - l
,-----cr1, .. -.,,,,_ l v.v,,,.,1.,,o-J
CDPr
-
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 Displacement Avoidance as
outlined in the Displacement
Avoidance Plan
Mission Community Services Corporation
City of Bakersfield
Mission Community Services Corporation
Ventura County Community
Development Corporation
3C Capital Funding, Inc.
Greater Bakersfield Legal Assistance
A-2
CONT�J.Gi07
COPY
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope 10: 9908766B-09BE-4284-A6O7-31DDC1442O94 EXHIBIT B: COLLABORATIVE STAKEHOLDER STRUCTURE
Input & Guidance
Community Steering Committee
Residents • Workers • Business Owners • Property Owners Implement tion
& Ove i ht
..
B - 1
Working Groups
Management &
Coordination
• Community Outreach
• Displacement Avoidance
• Workforce Development
• Technical Assistance
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 9908766B-09BE-4284-A6O7-31DDC1442094 EXHIBIT C: PROJECT FOCUS AREA
"
" � .
r
l!l
�LM�r
"
I
a N
A
0 28
"
';_
,
L
�
I-"'
0 55 Mile
BAKERSFIELD
ECONOMIC I COMMUNITY DEVELOPMENT
O"ll
-·
� .
·,
G
C.\Llt-ORHAA'ir
,. . " �
,. - -'
r - - J
9 TCC Project
Map Area
C - 1
r-
r
- J r- .J
I
L. - r - , ... ' � - :. '""
..,. ,, ...
r -
- Hos1>11ars
" Schools
.,
' . . '"' . , ... ,,
r-
�
f-'
�
'\. - -,
0 "
;
�
..
c:J Rov,,od TCC Round 5 Boundmy
•✓� Proposed HSR Station Site
MaJor Roads
ColEnviroScroon 4.0 Top 25% In City limits
Parks
� _., BakOI sflokJ City Limit.s
l
co�rr- r ,.,-o" .�11L LI ! I
y
--·
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31DDC1442D94 EXHIBIT D: DISCLOSURE AND ACKNOWLEDGMENT- CONFLICT OF INTERESTS Community Steering Committee Member
DISCLOSURE AND ACKNOWLEDGMENT- CONFLICT OF YES* NO
INTERESTS
Are you currently in litigation with the City of Bakersfield or any of its agents?
Do you represent any firm, organization or person who is in litigation with the City of Bakersfield?
Do you currently represent or perform work for any clients who do business with the City of Bakersfield?
Are you or any of your principals, managers or professionals, owners or investors in a business which does business with the City of Bakersfield, or in a business which is in litigation with the City of Bakersfield?
Are you or any of your principals, managers or professionals, related by blood or marriage to any City of Bakersfield employee who has any significant role in the subject matter of this service?
Do you or any of your subcontractors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?
If the answer to any question is yes, please explain in full below:
Signature
(name)
(address)
( city state zip)
D - 1
CON Tri/ .C,Oil
COPY
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6O7-31DDC1442O94 Acknowledgement
The City of Bakersfield conforms to the Political Reform Act's standards in determining whether a public official has a financial conflict of interest that is reasonably foreseeable and material. In the event of a conflict of interest, public officials will typically need to disqualify themselves from the decision. There are five types of financial interests as set forth below.
• Business Entity: A Member has a financial interest in a business entity where the Member, his spouse, or dependent children has invested $2,000 or more. A Member also has a financial interest in a business entity for which the Member is a director, officer, partner, trustee, employee, or holds any position of management.
• Real Property: A Member has a financial interest in real property in which the Member, his spouse, dependent children, or an agent has invested $2,000 or more. This may also include certain leasehold interests of terms more than a month. Conflict of interest rules regarding real property are broken into two categories:
o Property within 500 feet of decision: A Member may not participate in the decision unless they have received written advice from the FPPC that the decision will have no measurable impact on the value of the Member's property.
o Property outside 500 feet of decision: A Member must consider whether the decision "would cause a reasonably prudent person, using due care and consideration under the circumstances, to believe that the governmental decision was of such a nature that its reasonably foreseeable effect would influence the market value of the Member's property."
Sources of Income: A Member has a financial interest in anyone, whether an individual or an organization, from whom the Member has received (or been promised) $500 or more income within 12 months prior of the decision.
A "source of income" includes a community interest in the spouse's income.
• Gifts: A Member has a financial interest in anyone, whether an individual or an organization, who has given gifts to the Member that total $470 or more within 12 months prior to the decision. A "gift" is defined as any payment or other benefit that confers a personal benefit for which a public Member does not provide payment or services of equal or greater value. A gift includes a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public.
D-2
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC DocuSign Envelope ID: 990B766B-09BE-42B4-A6D7-31 DOC 1442D94 • Personal Finances: A Member has a financial interest in decisions that affect the Member's personal expenses, income, assets, or liabilities, as well as those of the Member's immediate family.
I acknowledge that I have read and understand the above relating to typical financial interest in regard to a project, activity, entity, relationship or any other Transformative Climate Communities (TCC) program grant-funded component.
Do you have a financial conflict of interest? Circle one.
Yes No
If you answered yes, please explain in full below.
Signature
Name
D-3
Date
lco�r .. -1---oJ
.�II i:A .. d j I
COPY
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC
IMPLEMENTATION GRANT AGREEMENT
Round 5 FY 2022-2023
Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23129, CITY OF BAKERSFIELD
P age 226
EXHIBIT D - ATTACHMENTS
Attachment D-10: Certificate of Compliance with Russian Sanctions [ATTACH DOCUMENT]
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC 2nd JOINT MEMO
April 22, 2022
T
o: Executive Branch Departments and Agencies
Re: Executive Order N-6-22 r egarding Sanctions Against Russia (¶¶ 4-5) On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (th e EO) regarding sanctions against Russia and Russian entities and individuals. The EO directs all agencies and departments (Agencies) that are subject to the Governor’s authority to take certain steps described below. Constitutionally independent state entities are encouraged to take these steps as well.
On March 16, 2022, t he Department of General Services (DGS) and the California Department of Technology (CDT) issued a Joint Memo offering guidance for compliance with EO Paragraphs #1, #2, and #3.
This Joint Memo provides guidance to assist state agencies with compliance concerning EO Paragraphs #4 and #5. Agencies should continue to involve their legal counsel in compliance efforts and decisions and to keep written records in each applicable contract or grant file demonstrating compliance efforts.
Agencies are recommended to comply with EO Paragraphs #4 and #5 within 45 days of the date of this Joint Memo.
Defined Terms:
• “C ontract ” refers to all types of agreements and grants, regardless of form (e.g., Std 213, Std 65, Fi$Cal PO, etc.).
• “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.
• “Paragraphs” refers to the EO’s operative paragraphs.
Compliance with Paragraphs #4 and #5:
Paragraph #4 w ithin the EO provides:
A
ll agencies and departments subject to my authority shall direct grantees, and contractors with agreements valued at $5 million or more, to report to the agency or department regarding their compliance with economic sanctions.
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC P
lease note that since the March 2022 joint guidance memo, the federal government has imposed new sanctions on Russia and Russian entities and individuals. Agencies are advised to regularly check the U.S. Department of the Treasury’s list of sanctioned individuals and entities at the following sites:
• ht tps://home.treasury.gov/policy -issues/financial-sanctions/sanctions- programs-and-country-information/ukraine-russia-related-sanctions; • https://home.treasury.gov/news/press-releases/jy0608; and • https://home.treasury.gov/policy-issues/financial-sanctions/recent-actions.
Agencies may wish to sign up for email updates from the U.S. Department of the Treasury as well.
Paragraph #5 within the EO provides:
All agencies and departments subject to my authority shall direct all grantees, and contractors with agreements valued at $5 million or more, to report on steps they have taken in response to Russia’s actions in Ukraine, including, but not limited to, desisting from making new investments in, or engaging in financial transactions with, Russian entities, not transferring technology to Russia or Russian entities, and directly providing support to the government and people of Ukraine.
I
n order to comply with Paragraphs #4 and #5 of the EO:
• Agencies should identify all current contracts and grants valued at $5 million or more.
o “Valued at $5 million or more” includes contracts and grants with a value to the contractor or grantee of $5 million or more, even if the amount paid by the Agency to the contractor or grantee is less than $5 million or is zero. This includes, but is not limited to, revenue-generating agreements, in-kind agreements, concessions, and agreements where the contractor receives payments from the public or a third party.
o For example, in some recycling contracts, the state does not make any payments to the contractor, but the value of the contract is based on the monetary value to the contractor of the recycled materials they collect from the state. See, e.g., State Contracting Manual volume 1, sections
3.16.B and 7.45.
• Agencies should determine the appropriate addressee names and addresses for notices and information related to such contracts and grants. • Agencies must notify such contractors and grantees of the reports contemplated in EO Paragraphs #4 and #5 and how to they can submit them (see a template notice below). Agencies should recommend that contractors/grantees consult their own legal counsel as needed regarding compliance with sanctions and reporting to the state.
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC • While the EO is silent on a timeframe in which to notify such contractors and grantees about EO Paragraphs #4 and #5, it is recommended that Agencies do so within 45 days of the date of this Joint Memo.
• A ttached is a template notice and contractor/grantee response form that Agencies should use for EO Paragraphs #4 and #5. These notices may be sent and responded to electronically.
• A gencies should ensure the notice clearly informs contractors/grantees where to send their reports.
• Agencies should keep track of contractor and grantee reports. • Agencies that have more than one contract/grant valued at $5 million or more with a single contractor/grantee may send and receive one EO Paragraph #4 and #5 notice and report for each such contractor/grantee; however, each applicable contract/grant file should include copies of the response form and report. • Please note that for contracts issued by DGS or CDT on behalf of an Agency, the Agency is responsible for sending the EO Paragraph #4 and #5 notices and receiving contractor reports.
• For Leveraged Purchase Agreements (LPAs), DGS will issue the EO Paragraph #4 and #5 notices for Contracts with statewide usage valued at or above $5 million. DGS will then provide Agencies with the list of LPA contractors DGS contacted. If, after receiving that list, an Agency determines it has any LPA Contracts valued at or above $5 million that are not on the DGS list, the Agency is responsible for issuing the EO Paragraph #4 and #5 notices for those.
Fur
ther Guidance and Contacts:
DGS and CDT will issue further guidance shortly regarding EO Paragraph #6, including language for future contracts and solicitations.
For
questions relating to CDT contracts, please contact:
Li
sa Cooper
Office of Legal Services
[email protected]
For
other questions regarding this Memo, please contact your DGS-OLS assigned attorney.
Attachment: Template Notice to Send to Contractors and Grantees of Agreements Valued at ≥ $5 Million (EO Paragraphs #4 and #5)
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC Template Notice to Send to Contractors and Grantees of Agreements Valued at ≥ $5 Million (EO Paragraphs #4 and #5)
April XX, 2022
[Name Here]
[Title Here]
[Name of Business or Organization]
[Address line 1]
[Address line 2]
[email address]
RE: C
ontractor and Grantee Report on Compliance with Economic Sanctions in Response to Russia’s Actions in Ukraine
D
ear [Name Here]:
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-c ontent/uploads/2022/03/3.4.22-Russia-Ukraine-Executive- Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain steps, including directing that all state contractors and grantees with agreements valued at $5 million or more to report to the agency/department regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.
The EO also directs all agencies and departments that are subject to the Governor’s authority to direct that their grantees and contractors with agreements valued at $5 million or more to report on the steps they have taken in response to Russia’s actions in Ukraine
Please review the economic sanctions imposed in response to Russia’s actions in Ukraine, including, but not limited to, the federal executive orders identified in the EO, the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-i
ssues/financial-sanctions/sanctions-programs-and-
country-information/ukraine-russia-related-sanctions), and sanctions imposed under state law, if any. Once complete, please report to the state regarding your compliance with the economic sanctions imposed by the U.S. government, as well as sanctions imposed under state law, if any, using the attached reporting form and return it within 60 calendar days to the individual listed below.
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC Additionally, within 60 calendar days of this letter, please provide a written report describing the steps, if any, you have taken in response to Russia’s actions in Ukraine.
An example can be found at this link:
https://www.calpers.ca.gov/page/newsroom/for-the -record/2022/calpers- responds-to-governor-gavin-newsom.
Note that responses may be subject to disclosure under the California Public Records Act. Accordingly, it is within the discretion of the respondent to determine what information to provide. Additionally, please do not include any confidential information or disclosures that could pose security risks.
Please attach the report to the notice f orm below and return it to the individual listed below.
Responsive notices and reports should be sent to:
[Agencies: INSERT CONTACT NAME, AGENCY NAME,
AND R ETURN EMAIL OR ADDRESS HERE]
Sin
cerely,
[
Name]
[Title]
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA’S ACTIONS IN UKRAINE C
ontract Number(s) and/or Grant Number(s): _____________________(Attach additional page as needed) Per Executive Order N-6-22, all contractors and grantees that have agreements valued at $5 million or more with agencies/departments subject to the California Governor’s authority are directed to report to their contracting or grantor agency or department regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.
Please insert the contractor/grantee name and Federal ID Number (if available) and complete the notice and attach a report as described below.
NOTICE
Having conducted a good faith review, I attest that the contractor/grantee is in compliance with the economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.
Contractor/Grantee Name (Printed) Federal ID Number (or n/a) By (Authorized Signature)
Printed Name and Title of Person Signing
Date
Please attach a report to this notice form and return it to the individual identified in the cover letter within 60 calendar days, describing the steps, if any, you have taken in response to Russia’s actions in Ukraine.
Note that responses may be subject to disclosure under the California Public Records Act. Accordingly, it is within the discretion of the respondent to determine what information to provide. Additionally, please do not include any confidential information or disclosures that could pose security risks.
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC
IMPLEMENTATION GRANT AGREEMENT
Round 5 FY 2022-2023
Strategic Growth Council – Transformative Climate Communities Program Implementation Grant – Round 5 Grant Number: SGC23129, CITY OF BAKERSFIELD
P age 227
EXHIBIT D - ATTACHMENTS
Docusign Envelope ID: 7C4A79E1-08C6-4BFD-9B10-D35BE9F5C3DB Docusign Envelope ID: 3DE91B7B-2452-4911-8163-752A8FE1B5BC