TCC Agreement (Ventura County Community Development Corp.)
AGREEMENT NO. _________________
TRANSFORMATIVE CLIMATE COMMUNITIES AGREEMENT WITH
VENTURA COUNTY COMMUNITY DEVELOPMENT CORPORATION
This AGREEMENT is made and entered into on ________________ , by and between CITY OF BAKERSFIELD , a California charter city and municipal corporation ("CITY" herein) and VENTURA COUNTY COMMUNITY DEVELOPMENT CORPORATION, a nonprofit public benefit corporation authorized to do business in California (“SUBRECIPIENT” herein ). CITY and SUBRECIPIENT are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, the California Legislature appropriated $160 million from the general fund in fiscal year 2022/2023 to support the Transformative Climate Communities Grant Program (“TCC” herein) administered by the Strategic Growth Council (“SGC” herein) in partnership with the California Department of Conservation; and
WHEREAS, on March 8, 2023 , the SGC released a Notice of Funding Availability (“NOFA” herein) for eligible applicants to apply for up to $99.2 million in TCC funds, inclusive of $88,500,000 to be made available for implementation grants; and
WHEREAS, on August 1, 2023, CITY submitted an application for TCC funds for what is referred to as the Southeast Strong Initiative (herein “PROJECT”), which plans to fund multiple improvement projects in Southeast Bakersfield; and
WHEREAS, on December 14, 2023, the SGC awarded CITY $22,125,000 in TCC funds for implementation of the PROJECT; and
WHEREAS, on March 10, 2025, CITY entered into a Grant Agreement with the SGC which established CITY as Lead Grantee for the $22,125,000 TCC grant funds and identifies CITY as the responsible entity for compiling and submitting all invoices and reporting documents to the SGC related to the PROJECT; and
WHEREAS, CITY intends to designate several subrecipients to assist with implementation of the PROJECT; and
WHEREAS, SUBRECIPIENT has been identified to serve as one of the several entities responsible for the PROJECT’s Displacement Avoidance Plan.
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TCC Agreement (Ventura County Community Development Corp.)
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBRECIPIENT mutually agree as follows:
1. SCOPE OF WORK . SUBRECIPIENT shall be responsible for administering the Displacement Avoidance Plan, as provided in Exhibit “A” attached hereto and incorporated by reference herein, in a manner satisfactory to CITY (“Scope of Work”) . The Scope of Work shall include all items and procedures necessary to properly complete the task SUBRECIPIENT has been hired to perform, whether specifically included in the Scope of Work or not. CITY agrees to make grant funds available to SUBRECIPIENT for administration and reporting of Program Activities as provided in Exhibit “A”.
2. COMPENSATION. Compensation for all work, services, or products called for under this Agreement shall consist of a reimbursement payment(s) NOT TO
EXCEED ONE HUNDRED THREE THOUSAND FIVE HUNDRED FIFTY-NINE DOLLARS AND SIXTY CENTS ($103,559.60).
CITY will pay SUBRECIPIENT within thirty (30) days after SUBRECIPIENT submits an itemized invoice for the portions of the Scope of Work completed and that invoice is approved by CITY. The Compensation will be the total amount paid to SUBRECIPIENT for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. In no case will CITY compensate SUBRECIPIENT more than $103,559.60 for performing the Scope of Work. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the Parties.
2.1 Resource Allocation of Funds. CITY shall not be obligated to disburse or pay SUBRECIPIENT any funds until and after CITY receives funds from the appropriate governmental source(s). If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to SUBRECIPIENT until CITY receives such funds.
SUBRECIPIENT shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if SUBRECIPIENT has detrimentally relied upon this Agreement.
2.2 Reimbursement Payments . CITY agrees to reimburse "claims for payment" directly to SUBRECIPIENT within thirty (30) days after CITY receives a satisfactory "claim for payment." SUBRECIPIENT shall use the bi-monthly invoicing template attached hereto as Exhibit “ B,” and incorporated by reference herein, to properly itemize and document claims for payment to show clearly the items, tasks, or services for which SUBRECIPIENT claims reimbursement setting forth actual expenditures of SUBRECIPIENT in accordance with this Agreement. ///
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TCC Agreement (Ventura County Community Development Corp.)
SUBRECIPIENT shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may refuse to pay any claim until explained to CITY's satisfaction.
2.2.1 SUBRECIPIENT shall not be reimbursed or otherwise compensated for any expenditures incurred or services
provided prior to the Effective Date, or following the earlier of the expiration or termination of this Agreement unless agreed to by C ITY. CITY shall only reimburse SUBRECIPIENT for documented expenditures incurred during the Agreement
Term that are: (i) reasonable and necessary to carry out the services described in Exhibit “A;” (ii) documented by contracts or other evidence of liability consistent with established CITY and SUBRECIPIENT procedures; and (iii) incurred in
accordance with all applicable requirements for the
expenditure of funds payable under this Agreement.
3. TERM. The term of this Agreement shall commence on the date of execution as indicated above , and end on March 10, 2029, unless terminated earlier as provided herein.
4. TERMINATION OF AGREEMENT . CITY reserves the right to terminate this Agreement upon giving SUBRECIPIENT notice of intention to terminate at least thirty (30) days prior to the effective date of the termination. CITY shall only convey to SUBRECIPIENT funds for work done prior to the effective date of termination.
5. COMPLIANCE WITH ALL LAWS . SUBRECIPIENT shall, at SUBRECIPIENT’s sole cost, comply with all of the requirements of municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all municipal ordinances and state and federal statutes, rules o r regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation:
5.1. Federal Laws. SUBRECIPIENT shall obey all federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration applicable to the PROJECT. SUBRECIPIENT shall become familiar with the appropriate statutes, regulations, and guidelines governing the PROJECT.
5.2. Prevailing Wage . If applicable , SUBRECIPIENT shall p ay prevailing wages to all workers employed on public works projects, as defined Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94
TCC Agreement (Ventura County Community Development Corp.)
by California Labor Code. Upon request by CITY, when required per the California Labor Code, SUBRECIPIENT must submit to CITY proof of Department of Industrial Relations (DIR) registration of the PROJECT.
5.3. Local Laws . All municipal codes and CITY regulations apply to this Agreement and SUBRECIPIENT performing the work. Permits must be obtained from CITY, including, but not limited to, the Building , Planning and/or Public Works Department s for all work requiring permits. Reimbursement payments will not be processed until all code or permit compliance has been completed by SUBRECIPIENT and approved by CITY.
5.4. City Tax Certificate . SUBRECIPIENT shall obtain a CITY business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
5.5. Nondiscrimination. SUBRECIPIENT shall not discriminate or segregate against any person or group of persons on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran statusy in the performance of this Agreement or use of the property.
5.6. Miscellaneous. SUBRECIPIENT shall comply with all applicable programmatic requirements as required from the State of California in the implementation of the TCC program. Those requirements are stated in Standard Agreement No. SGC23129 between CITY and the State of California, as listed in Exhibit “ C” attached hereto and incorporated by reference herein. Nothing in this Agreement shall be construed to require the SUBRECIPIENT to comply with CITY obligations as stated within Exhibit “C.”
6. REPORTING REQUIREMENTS. SUBRECIPIENT shall provide CITY with the following Metrics/Reporting items on a bi -monthly basis, starting upon execution of this Agreement, in a format and method to be specified by the SGC. Items to be reported on are shown in Exhibit “D” attached hereto and incorporated by reference herein. In addition, SUBRECIPIENT will submit an annual report documenting progress in meeting program objectives as described in Exhibit “E” attached hereto and incorporated by reference herein.
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TCC Agreement (Ventura County Community Development Corp.)
6.1. Close-Outs. SUBRECIPIENT's obligation to CITY shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receiva ble to CITY), and determining the custodianship of records . Final payment request(s) under this Agreement must be received by Recipient no later than thirty (30) days from the earlier of the expiration date or termination date of this Agreement. No payment request will be accepted by Recipient after this date without authorization from Recipient.
6.2. Audits and Inspections. All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the State of California , at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUBRECIPIENT within thirty (30) days of receipt. Failure of SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to have an annual audit conducted at CITY’s request.
6.2.1. SUBRECIPIENT must maintain copies of PROJECT records during the grant term and for four (4) years following the termination of the Agreement . The State of California retains the right to conduct an audit each year during the grant term and up to four (4) years after the grant term.
7. LOBBYING. SUBRECIPIENT certifies that no TCC grant funds will be paid by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any local, state, or federal agency or office, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress.
8. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of SUBRECIPIENT as an independent contractor. SUBRECIPIENT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with SUBRECIPIENT other than that of an independent contractor.
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TCC Agreement (Ventura County Community Development Corp.)
9. INDEMNITY. SUBRECIPIENT shall indemnify, defend, and hold harmless CITY, its officers, agents, and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any ki nd whatsoever, arising out of, connected with, or caused by SUBRECIPIENT, SUBRECIPIENT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct. This provision shall survive the expiration or termination of this Agreement.
10. INSURANCE.
10.1. Types and Limits of Insurance . In addition to any other insurance or security required under this Agreement, SUBRECIPIENT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
10.2. Automobile liability insurance, providing coverage for owned, non - owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
10.3. Commercial general liability insurance , unless otherwise approved by CITY’s Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must:
10.3.1. Provide contractual liability coverage for the terms of this Agreement; and
10.3.2. Provide products and completed operations coverage; and
10.3.3. Provide premises, operations, and mobile equipment coverage; and
10.3.4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
10.4. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94
TCC Agreement (Ventura County Community Development Corp.)
Labor Code Section 3700, every contractor will be required to secure payment of compensation to his employees. Pursuant to Labor Code Section 1861, SUBRECIPIENT must submit to CITY the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions be fore commencing the performance of the work of this contract.
By executing this Agreement, SUBRECIPIENT is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
10.5. General Provisions Applying to All Insurance Types.
10.5.1. All policies required of SUBRECIPIENT must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
SUBRECIPIENT may utilize a self -insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
10.5.2. All policies required of SUBRECIPIENT must be primary insurance as to CITY and its mayor, council, officers,
agents, employees, or designated volunteers and any
insurance or self -insurance maintained by CITY and its mayor, council, officers, agents, employees, and
designated volunteers must b e excess of SUBRECIPIENT’s insurance and must not contribute with it.
10.5.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94
TCC Agreement (Ventura County Community Development Corp.)
no event less than A -:VII. Any deductibles, self -insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing.
10.5.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
10.5.5. Full compensation for all premiums which the SUBRECIPIENT is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for
additional premiums which may be required by extensions of the policies of insurance.
10.5.6. It is further understood and agreed by SUBRECIPIENT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
SUBRECIPIENT in connection with this Agreement.
10.5.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance
Requirements must be provided by, or on behalf of, all
subcontractors even if CITY has approved lesser insurance requirements for SUBRECIPIENT, and all subcontractors must agree in writing to be bound by the provisions of this
section.
11. SUBCONTRACTS. SUBRECIPIENT shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the written consent of CITY prior to the execution of such contract.
11.1. SUBRECIPIENT will monitor all subcontracted services on a regular basis to ensure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow -up actions taken to correct areas of noncompliance.
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TCC Agreement (Ventura County Community Development Corp.)
11.2. SUBRECIPIENT shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
11.3. SUBRECIPIENT shall undertake to ensure all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to CITY along with documentation concerning the selection process.
12. CONCURRENT REMEDY. No right or remedy herein conferred on or reserved to CITY is exclusive of any other right or remedy herein or by law or equity provided or permitted; but each shall be cumulative of every other right remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise and may be enforced concurrently therewith or from time to time.
13. SB 854 COMPLIANCE . To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the per formance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This PROJECT is subject to compliance monitoring and enforcement by the DIR.
14. ACCOUNTING RECORDS. SUBRECIPIENT shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at SUBRECIPIENT’s office during the term of this Agreement, and for a period of four (4) years from the date of the final payment hereunder and said records shall be made available to CITY representatives upon request at any time during regular business hours.
15. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the Parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose.
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TCC Agreement (Ventura County Community Development Corp.)
16. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the Parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
17. CONFLICTS OF INTEREST . SUBRECIPIENT stipulates that corporately, or individually, SUBRECIPIENT, its employees and sub-recipient agencies have no financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement.
18. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
19. DIRECTION. SUBRECIPIENT retains the right to control or direct the manner in which the services described herein are performed.
20. EQUIPMENT. SUBRECIPIENT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation, and all Parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
22. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
23. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the Parties to this Agreement.
24. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
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TCC Agreement (Ventura County Community Development Corp.)
25. KEY PERSONNEL . At request of CITY, SUBRECIPIENT shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved SUBRECIPIENT shall not change such personnel without the approval of CITY.
26. LICENSES. SUBRECIPIENT shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for SUBRECIPIENT to practice its profession.
27. MERGER AND MODIFICATION. All prior agreements between the Parties are incorporated in this Agreement which constitutes the entire Agreement. Its terms are intended by the Parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The Parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the Parties.
28. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings relating to this Agreement by SUBRECIPIENT shall be prohibited unless authorized by CITY.
29. NON-INTEREST. No officer or employee of CITY shall hold any interest in this Agreement (California Government Code section 1090).
30. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon depositing in the United States mail. The Parties shall be addressed as follows, or at any other address designated by notice.
CITY: City of Bakersfield
Economic and Community
Development Department
1600 Truxtun Avenue
Bakersfield, California 93301
SUBRECIPIENT: Bertha Garcia
Ventura County Community
Development Corporation
2231 Sturgis Road, Suite A
Oxnard, California 93030
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TCC Agreement (Ventura County Community Development Corp.)
31. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
32. REMEDIES. If SUBRECIPIENT is in default of this Agreement, or any terms of the Grant Application, CITY may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy CITY may have in law or equity:
32.1. Withhold payment of grant funds and/or issuance of building permits or performance of inspections related to the PROJECT.
32.2. Seek reimbursement of all dispersed grant funds related to the PROJECT.
32.3. Disallow future grant funds to SUBRECIPIENT.
33. STARTING WORK. SUBRECIPIENT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by SUBRECIPIENT.
34. SEVERABILITY. If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
35. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify SUBRECIPIENT of third-party claims relating to this contract. CITY shall be allowed to recover from SUBRECIPIENT, and SUBRECIPIENT shall pay on demand, all costs of notification.
36. FORCE MAJEURE. In addition to specific provisions of this Agreement, a party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts of God, governmental restrictions imposed or mandated by governmental entities, enactment of conflicting state or federal laws or regulations, new or supplementary environmental regulations enacted by the state or federal government, or litigation (any of the foregoing, “Force Majeure”). An extension of time for such cause may be mutually agreed upon by the Parties hereunder for the period of the enforced delay or longer.
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TCC Agreement (Ventura County Community Development Corp.)
37. AMENDMENT. Any amendment to this Agreement, including to the Approved Services and the Approved Budget, shall be reduced to writing, signed by an authorized representative of each party, and attached to this Agreement.
38. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
39. TITLE TO DOCUMENTS . All documents, plans and drawings, maps, photographs and other papers, or copies thereof prepared by SUBRECIPIENT pursuant to the terms of this Agreement shall, upon preparation, become the property of CITY.
40. TAX NUMBERS.
"SUBRECIPIENT's" Federal Tax Identification No. 74-3061811. "SUBRECIPIENT" is a corporation? Yes X No . (Please check one.)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first-above written.
"CITY" "SUBRECIPIENT"
CITY OF BAKERSFIELD VENTURA COUNTY COMMUNITY
DEVELOPMENT CORPORATION
By: _________________________ By: _________________________
KAREN GOH BERTHA GARCIA
Mayor Executive Director
(Additional Signatures on Following Page)
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TCC Agreement (Ventura County Community Development Corp.)
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By: _________________________
JENNIFER M. BYERS
Economic and Community
Development Director
APPROVED AS TO FORM:
By: _________________________
VIRGINIA GENNARO
City Attorney
Insurance: ____________
COUNTERSIGNED:
By: _________________________
RANDY MCKEEGAN
Finance Director
VG/blf
S:\Economic&CommunityDevelop\Agr\24-25\TCC VCCDC DAP Partner Agreement_v3.docx
Attachments: Exhibit "A” Exhibit "D”
Exhibit "B” Exhibit “E”
Exhibit "C”
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A - 1
EXHIBIT "A"
Scope of Work
Displacement Avoidance Plan – Ventura County Community Development Corporation
Scope of Work
Project Description: The Displacement Avoidance Plan will support residents and businesses in the Project area by focusing on stabilizing existing residents and businesses, mobilizing residents to homeownership, and investing in long -term strategies to make the community more resilient. The City will subcontract with Ventura County Community Development Corporation, 3C Capital Fund Inc ., Greater Bakersfield Legal Assistance and Mission Community Services Corporation Women's Business Center to implement the policies and programs of the plan.
VCCDC will coordinate with the City of Bakersfield’s community engagement team to promote programs through a variety of outreach methods, including social media posts, a 30 -day annual paid ad vertisement campaign, bi-monthly email blasts, attendance at approximately 12 community events per year, and a two-week radio ad vertisement to promote their Annual Homeownership Conference. Additionally, VCCDC will host 10 workshops annually . F ive will be focused on homebuying and five will be focused on financial liter acy/home preservation. These will be offered virtually, in person, and in Spanish, with an expected average of 20 attendees per session. They will also provide one-on-one counseling to help individuals prepare for homeownership by addressing debt, credit, and financial health.
Project Workplan/Project Timeframe: Based on the scope of work, eligible activities, deliverables, and timelines will be as follows:
Task Deliverables Timeline Grant Funds Leverage
Task 1: Displacement Avoidance Plan - Administration and Oversight A) Invoicing, data tracking,
and program specific
management including
reoccurring meetings with
grantee, subcontractors
and project Subrecipients
A) Progress reports
and bi -monthly
invoices
Month 1-
Project
Completion
Period
$0
$0
Task 3: Homebuyer Counseling and Education Programs
A) VCCDC will coordinate
City of Bakersfield
community engagement
A) Bimonthly
summary report of
outreach
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team to promote programs
through social media,
attending events, hosting
workshops and hosting an
Annual Homeownership
Conference, including:
-Digital Engagement:
VCCDC will post on social
media (including a 30-day
paid ad on social media
per year). VCCD will also
send email blasts every
other month or as needed.
-Community Events:
VCCDC will attend
approximately 12
community events per
year including community
engagement meetings
with the TCC/Southeast
Strong Collaborative.
-Radio Messaging: VCCDC
will purchase a two-week
radio ad to promote the
Annual Housing
Conference.
conducted
(overview of
methods,
dates/locations, and
potential contacts
identified)
Flyer distribution,
social media,
workshops,
conferences and
task implementation
Month 1-
Project
Completion
Period
$103,559.60
$0
B) VCCDC will host 10
workshops (5 Homebuyer
and 5 Financial
Literacy/Home
Preservation) per year
(approximately 51 total
workshops). Workshops will
be conducted in virtual
format, in-person format,
and in Spanish language.
VCCDC anticipates an
average of 20 attendees
per workshop.
B) Bimonthly
summary report of
outreach
conducted
(overview of
methods,
dates/locations, and
potential contacts
identified)
Flyers, brochures,
informational
packets, agendas
C) One-on-one counseling
aimed at preparation for
Homeownership
opportunities that include
debt, credit score, and
establishing financial
health habits. Provide
ongoing financial literacy
and home preservation
C) Summary of One-
on-one counseling
sessions, and/or
workshop materials
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workshops. VCCDC will be
offering 5 financial
literacy/home preservation
workshops on an annual
basis. VCCDC anticipates
10 attendees per
workshop.
Budget Narrative: As part of the Displacement Avoidance Plan , VCCDC will receive ONE HUNDRED AND THREE THOUSAND FIVE HUNDRED AND FIFTY -NINE DOLLARS 60/100 ($103,559.60) to complete their deliverables. A summary budget is as follows:
COST
CATEGORY
COST
DESCRIPTION
COST PER
UNIT ($)
UNITS TOTAL
PROJECT
COST
TOTAL
TCC
GRANT
FUNDS
TOTAL
LEVERAGE
Direct Costs Homebuyer
Education
Workshops -
Staff Time
Hourly rate
plus benefits
(approx. 8
Hours) per
employee
$30.82 208 $6,410.56 $6,410.56
Direct Costs Homebuyer
Education
Workshops -
Staff Milage
reimbursement
$0.67 12,240 $8,200.80 $8,200.80
Direct Costs Homebuyer
Education
Workshops -
Supplies
$50.00 26 $1,300.00 $1,300.00
Direct Costs Homebuyer
Education
Workshops -
Meal
replacement
(food/bevera
ge for
attendees)
$243.00 26 $6,318.00 $6,318.00
Direct Costs Financial
Literacy, Home
Preservation
Workshops
Workshops -
Staff Time
Hourly rate
plus benefits
$30.82 100 $3,082.00 $3,082.00
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 A - 4
(approx. 4
Hours) per
employee
Direct Costs Homebuyer
Education
Workshops -
Supplies
$25.00 25 $625.00 $625.00
Direct Costs Homebuyer
Education
Workshops -
Meal
replacement
(food/bevera
ge for
attendees)
25 Indirect
Costs
Indirect Costs $2,100.00 5 $10,500.00 $9,000.00 $1,500.00 Direct Costs Marketing and
Outreach:
Hourly rate
and Benefits to
Design and
Promote
Counseling
and
Education,
including
Flyers, Social
media posts
and email
blasts (every
other month or
as needed),
and annual
30-day paid
ads.
$2,411.92 5 $12,059.60 $10,000.00 $2,059.60
Direct Costs Homeownershi
p Conference
Events (Total of
5): Expenses
include:
Venue,
Extensive
Marketing/Adv
ertising,
Breakfast for
50 staff/volunteer
s, lunch for 300
people,
banners/mater
ials, mileage
$20,000.00 5 $100,000.00
$100,000.00
Direct Costs Lending and
Homeownershi
p Counseling
and Project
Manager
$125.00 155 $19,375.00 $19,375.00
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 A - 5
(Hourly Units).
Costs include
salary and
benefits
Direct Costs Outreach
Coordinator
(.2 FTE): Salary
and benefits.
Tasks include:
Dropping off
flyers,
attending
community
events,
connecting
with new and
existing
partners,
coordinating
workshop
speakers, and
securing
workshop
locations -
estimate of 8
hours/week.
$32.50 1821 $59,182.50 $59,182.50
Total
$123,493.86
Invoicing Process: VCCDC shall submit bi-monthly invoices for all costs incurred within the previous two-month cycle for all cost related to the program’s implementation. Invoices shall be submitted using Exhibit “C” or an approved equivalent and shall provide all necessary backup documentation verifying the costs incurred, including, but not limited to timesheets, invoices, and purchase orders. VCCDC, and all subcontractors, shall maintain all records for a period of four years after completion of the proj ect. All invoices shall be submitted by the 10th day of the month following the completion of the bi -monthly invoice period for which costs were incurred, and reimbursement is being requested.
Reporting Requirements: VCCDC agrees to submit bi-monthly progress to support the CITY’s ongoing efforts to report all expenditure and reporting progress to the Strategic Growth Council and the Department of Conservation, as well as information for the annual reporting of objectives as stated in Exhibit “D” and Exhibit “E”.
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 B - 1
EXHIBIT "B"
BI-MONTHLY INVOICE FORM
[TO BE PRINTED ON GRANTEE LETTERHEAD]
Date:
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - BIMONTHLY INVOICE SUMMARY
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates: [START
DATE] [END DATE]
Authorized Signatory: (Name) (Position)
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above-mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature: Date:
TCC Grant Element Amount
Grantee Costs
Project #1
Project #2
Project #3
Project #4
Project #5
Project #6
Project #7
Project #8
Community Engagement Plan
Displacement Avoidance Plan
Workforce Development and Economic Opportunities
Plan
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 B - 2
Indicator
Tracking
Plan
TOTAL to be reimbursed this Period $-
Advance Pay Deduction
Total Reimbursement Requested $-
Total Budget
Total Invoiced to Date
Amount Remaining $-
Advance Pay Summary
Advance
Received
Advance
Balance
Current
Invoice Total
Amount Paid
Via Invoice
Remaining
Advance
Balance
Interest
Earned
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 B - 3
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - INVOICE DETAIL
Complete this form for Grantee Costs, Funded Projects, Indicator Tracking Costs and Transformative Plans.
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period Dates: [START
DATE] [END DATE]
[Insert Grantee Costs, Indicator Tracking, TCC
Project # and Name, or Transformative Plan
Name] Lead Entity: [Insert name]
TASK Cost
Description/Category Amount
Supporting
Documentation/Page
#
1 Subtotal $-
2 Subtotal $-
3 Subtotal $-
4 Subtotal $-
Travel
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 B - 4
Subtotal $-
Equipment
Subtotal $-
Indirect/Overhead
Subtotal $-
SUBTOTAL FOR THIS
PERIOD $-
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 C - 1
EXHIBIT "C"
SUBRECIPIENT shall comply with all municipal, state, and federal laws now in force, or which may hereafter be in force, pertaining to this Agreement, specifically including but not limited to the following, if applicable:
➢ SCOPE OF WORK : Exhibit A of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ BUDGET AND SCHEDULE OF DELIVERABLES: Exhibit B of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ SPECIAL TERMS AND CONDITIONS : Exhibit C of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TCC PROJECT AREA MAP: Exhibit D-1 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TRANSFORMATIVE PLANS SUMMARY : Exhibit D -2 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council (to be inserted with transformative plans)
➢ INVOICING AND REPORTING TEMPLATES: Exhibit D-3 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ INDICATOR TRACKING TABLES: Exhibit D -4 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-5 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ AUTHORIZED SIGNATORY TEMPLATE : Exhibit D -6 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CALFIRE URBAN GREENING STANDARDS: Exhibit D-7 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 C - 2
➢ TCC GRANTEE PUBLICITY GUIDELINES : Exhibit D -8 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ TCC PARTNERSHIP AGREEMENT: Exhibit D -9 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
➢ CERTIFICATE OF COMPLIANCE WITH RUSSIAN SANCTIONS: Exhibit D -10 of Standard Agreement SGC23129 by and between the City of Bakersfield and the Strategic Growth Council
(Copies of the above provided upon request)
_________________________________________________
SUBRECIPIENT’s Acknowledged Review
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 D - 1
EXHIBIT "D"
BI-MONTHLY REPORTING FORM
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above -mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement.
Signature:
Date:
1. Summarize the administrative work (Grantee Direct and Indirect/Overhead Costs) completed by the Grantee during the reporting period:
Grantee Activities Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) • Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 D - 2
2. Summarize the work completed during reporting period. Insert one table for each Funded Project and Transformative Plan.
[INSERT NAME OF FUNDED PROJECT OR PLAN] Lead Entity: [INSERT] Tasks Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name] $
[INSERT Task # and Name] $
Total $
3. Summarize the Indicator Tracking work completed during the reporting period:
[INSERT ITP 1 or 2] Grant Funds Spent
[INSERT Task # and Name] $
• Describe work completed (clearly label back billing with date and period #) • Use bullet points and be succinct
• Make sure to clearly align with the language used in Exhibit B (to ensure easy review) Bold any deliverables submitted
Total $
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 E - 1
EXHIBIT "E"
ANNUAL REPORTING FORM
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
ANNUAL PROGRESS REPORT
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting
Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, for the above -mentioned Program are true and correct to the best of my knowledge, an all disbursements have been made for the purposes and conditions as outlined in the Grant Agreement. By signing this progress report, I also certify the information provided in the following annual deliverables:
• Annual Leverage Funding Report
• Annual Equipment Inventory Record
Signature:
Date:
Please respond to the following questions in 1-3 paragraphs, or with clear bullet points:
Success Stories and Lessons Learned
1. Summarize the major grant milestones completed in the last year.
2. Please share any other success stories from the Project Area, and provide links to related media, as applicable.
3. Describe any “lessons learned” in this past year. Specifically highlight any lessons that may help current grantees, future applicants, or the State, in continued implementation of the projects, and program, respectively.
Challenges and Areas for Improvement
For each question below, please elaborate on: a) steps that the Grantee or Subrecipients are taking to improve, or b) actions or assistance needed from the State, as applicable.
4. Discuss any challenges experienced while implementing the grant.
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94 E - 2
5. Describe any issues faced when working with the technical assistance providers and/or program evaluation consultants.
6. Describe any concerns related to administering the grant and/or working with the State.
Leverage Projects
7. Summarize each Leverage Project’s milestones and deliverables completed in the last year.
8. Summarize the leverage projects that have not met their planned milestones or timelines for the year. Describe the adjusted new timeline.
9. Describe any challenges and/or issues faced with implementing or monitoring stand- alone leverage projects.
Additional TCC-Related Investments
List any new, additional investments generated by the TCC grant or extended leverage commitments adopted after TCC grant execution. Only include additional leverage funding that was not originally included in the grant agreement.
Leverage
Project or
New
Investment
Funding Source
New Amount
Committed ($)
Dates
Committed
Description of
Project or New
Investment
(include
reference links,
if available)
Docusign Envelope ID: E08FEE12-90DE-4F62-BFFE-D5760C526D94