Subrecipient Agreement (Housing Authority of Kern County)
AGREEMENT NO. ___________________
SUBRECIPIENT AGREEMENT FOR HOMELESS HOUSING
ASSISTANCE AND PREVENTION ROUND 3 GRANT
FOR PERMANENT HOUSING CONSTRUCTION
This AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (“CITY”), and HOUSING AUTHORITY OF THE COUNTY OF KERN , an independent, local government agency that serves Kern County residents (“SUBRECIPIENT”). CITY and SUBRECIPIENT are collectively referred to as “Parties” herein.
R E C I T A L S
WHEREAS, California Governor Newsom and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and
WHEREAS, the Governor and Legislature have provided funding to local governments under the Homeless Housing Assistance and Prevention Program Round 3 (HHAP-3) as part of Assembly Bill 140 (Chapter 111); and
WHEREAS, the Bakersfield-Kern Regional Homeless Collaborative, of which CITY is a member, has developed a homelessness plan and undertaken multiple efforts at a local level to combat homelessness; and
WHEREAS, the State of California (“State”) has granted HHAP-3 funds to CITY and CITY desires to grant HHAP -3 funds to SUBRECIPIENT to be expended on permanent supportive housing and services; and
WHEREAS, SUBRECIPIENT represents that SUBRECIPIENT is experienced and well-qualified in the field of affordable housing construction, and has requested assistance with the development of 126 affordable housing units (“Project”) located at 3201 F Street, Bakersfield, CA 93301 (“Property”); and
WHEREAS, CITY desires to grant a portion of HHAP -3 funds to SUBRECIPIENT to be expended on costs associated with the Project; and
WHEREAS, CITY shall not be obligated to disburse, or pay to, SUBRECIPIENT or any third party, any funds until and after CITY receives HHAP-3 grant funds from the State government.
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBRECIPIENT mutually agree as follows:
1. SCOPE OF WORK. SUBRECIPIENT shall be responsible for development of the Project 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. This includes but is not limited to the eligible HHAP expenses includ ing, but not limited to , construction hard costs and permits and impact fees.
2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a reimbursement payment(s) not to exceed EIGHT HUNDRED EIGHTY THOUSAND NINE HUNDRED DOLLARS ($880,900) in HHAP-3 funding.
The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of-pocket costs and taxes. 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 forms B-1 and B-2 copies of which are attached hereto, to properly itemize and document claims for payment to show clearly the items, tasks, or services for which SUBRECIPIENT claims reimbursement.
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.
3. TERM. The term of this Agreement shall commence on the date of execution as indicated above and end December 31, 202 6, unless terminated earlier as provided herein.
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
4. TERMINATION OF AGREEMENT. Either party may terminate t his Agreement after giving the other party written notice, as provided herein, thirty ( 30) days before the termination is effective . 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 or 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 applicable 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 this Agreement.
5.2 Prevailing Wage . SUBRECIPIENT shall pay prevailing wages to all workers employed on public works projects, as defined by California Labor Code. Upon request by CITY, when required per the California Labor Code, SUBRECIPIENT must submit to CITY proof of California 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. Not discriminate or segregate against any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the performance of this Agreement or use of the Property.
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
5.6 Miscellaneous. SUBRECIPIENT shall execute Exhibits C , and D, attached hereto and incorporated by reference herein,
demonstrating compliance with certain regulation provisions.
6. 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 materi als, equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records.
7. 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 Federal Government, 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.
8. LOBBYING. SUBRECIPIENT certifies, to the best of its knowledge and belief, no federally-appropriated funds have been paid or will be paid, by or on behalf of SUBRECIPIENT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
9. 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.
10. 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 Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
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 ac tive negligence or willful misconduct.
11. INSURANCE.
11.1 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").
11.1.1 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.
11.1.2 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:
11.1.2.1 Provide contractual liability coverage for the terms of this Agreement; and
11.1.2.2 Provide products and completed operations
coverage; and
11.1.2.3 Provide premises, operations, and mobile
equipment coverage; and
11.1.2.4 Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
11.1.3 Workers' compensation insurance, with limits of not less than $1,000,000 per occurrence . I n accordance with the
provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
SUBRECIPIENT must submit to CITY the following certification Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
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 before 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.
11.2 General Provisions Applying to All Insurance Types.
11.2.1 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.
11.2.2 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 be excess of SUBRECIPIENT’s insurance and must not contribute with it.
11.2.3 The insurance required above, e xcept for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in 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 Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
11.2.4 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.
11.2.5 Full compensation for all premiums which 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 therefore or for additional
premiums which may be required by extensions of the
policies of insurance.
11.2.6 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.
11.2.7 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.
12. 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.
12.1 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.
12.2 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.
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Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
12.3 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.
13. 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.
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 three (3) 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.
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. CONFIDENTIALITY. During the term of this Agreement, SUBRECIPIENT will be dealing with information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties.
SUBRECIPIENT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents SUBRECIPIENT prepares, and confidential information given to SUBRECIPIENT under this Agreement are the exclusive property of CITY. Under no circumstances shall any such information or documents be removed from CITY without CITY’s prior written consent.
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Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
18. 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.
19. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent s and warrant s 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.
20. 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.
21. 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 referenc e is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
22. 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.
23. 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.
24. 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.
25. 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.
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Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
26. 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.
27. NEWS RELEASES/INTERVIEWS. All news releases, media interviews, testimony at hearings relating to this Agreement by SUBRECIPIENT shall be prohibited unless authorized by CITY.
28. NON-INTEREST. No officer or employee of CITY shall hold any interest in this Agreement (California Government Code section 1090).
29. 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
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
SUBRECIPIENT: HOUSING AUTHORITY OF
THE COUNTY OF KERN
601 24th Street, FRNT
Bakersfield, California 93301
30. 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.
31. 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 and CITY.
32. 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.
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA Subrecipient Agreement (Housing Authority of Kern County)
33. 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.
34. TAX NUMBERS.
SUBRECIPIENT’s Federal Tax ID Number
SUBRECIPIENT is a corporation? Yes No (Please check one.)
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date first written above.
"CITY" “SUBRECIPIENT”
CITY OF BAKERSFIELD HOUSING AUTHORITY OF
THE COUNTY OF KERN
By: ________________________________ By: ________________________________ KAREN GOH STEPHEN M. PELZ
Mayor Executive Director
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By: ________________________________
JENNIFER M. BYERS
Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney:_____________________ Finance Director: _____________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
VG/blf
S:\Economic&CommunityDevelop\Agr\25-26\HHAP 3 Agreement_Housing Authority - Elevate.docx Attachments: Exhibit “A”
Exhibit “B”
Exhibit “C”
Exhibit "D”
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA
A - 1
EXHIBIT A
Scope of Work
Purpose of Project
The purpose of this project is to provide the Housing Authority of the County of Kern funds for the construction of 126 affordable housing units known as the Elevate Apartments located at 3201 F Street, Bakersfield, California 93301.
Description
Funds will provide support for construction expenses of Elevate Apartments, an affordable housing project consisting of 126 units (including one manager’s unit), located at 3201 F Street, Bakersfield, CA 93301. Housing is reserved for people experiencing or at-risk of experiencing homelessness. This development provides interim housing for Homeless Youth and Youth at Risk of Homelessness, thirty-six (36) homes, and for the General Homeless and General at Risk of homelessness population, eighty-nine (89) homes. Elevate serves households with incomes equal to or less than thirty percent (30%) of Area Median Income (AMI).
Limitations
The total amount to be paid by CITY under this shall NOT EXCEED EIGHT HUNDRED EIGHTY THOUSAND NINE HUNDRED DOLLARS ($880,900) in HHAP-3 funds for affordable housing development costs.
Funds may not be used for supplantation.
Time Frame
Agreement term shall commence on the date of execution as indicated above and end December 31, 2026, unless terminated earlier as provided herein.
Reporting
SUBRECIPIENT shall provide quarterly reports beginning 60 days after SUBRECIPIENT receives funds and continue until funds are expended.
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA B - 1
EXHIBIT B
CONTRACTOR INVOICE
Payment Reimbursement Request
Grant Funding
Circle Grant Type
Community Development
Block Grant (CDBG)
General Fund
(ARPA Interest)
Homeless Housing Assistance
& Prevention (HHAP)
Public Safety Vital
Services (PSVS)
Agreement No: Purchase Order No: Payment Request No: Invoice No:
To: City of Bakersfield
Attn: Economic & Community Development
Address: 1600 Truxtun Avenue – 3rd Floor
Bakersfield, CA 93301
From:
Mailing Address:
Grant award amount: $
Reimbursement Requested: $
Program Income: $
I have reviewed and certify the allowable costs associated with this payment request reimbursement submittal were paid for with available funding and any match requirements have been met. In addition, I certify that all financial obligations are met, and services are being provided to intended clients.
Contractor Representative Date
Signature
Contractor Representative
Printed Name
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA B - 2
CONTRACTOR PAYMENT REQUEST
DISPUTE NOTIFICATION FORM
Name of CONTRACTOR:
_____________________________________________
Address of CONTRACTOR:
_____________________________________________
_____________________________________________
_____________________________________________
Date Payment Request Received: __________________________________
Date Payment Request Declined: ___________________________________
Reason for Decline/Dispute:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Reviewed By:_______________________________________________________
Title:______________________________________________________________
Dated:_____________________________________________________________
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA B - 3
INVOICING DETAIL
1. INVOICE PACKAGES.
1.1 No disbursement under this Agreement will be made except (a) after CONTRACTOR’s Executive Director and Financial Manager(s) attend a Contract Workshop conducted by CITY, and (b), upon receipt of an acceptable “CONTRACTOR Payment Request” duly executed by o r on behalf of the CONTRACTOR. The CONTRACTOR must execute all Payment Request forms. A completed CONTRACTOR Payment Request form must accompany all invoice packages. All invoice packages shall be submitted to the Economic and Community Development Home lessness Services Unit and not to exceed one invoice package per month and in the minimum amount of $500.00 except for the final funding draw invoice. Each month’s Payment Request shall be for a one calendar month period of time such as July, August, September, etc. except for the first Payment Request to be processed , which may include all months beginning March 1, 2025 and prior to the month ending for the date of the execution of the agreement. The address for submittal is:
City of Bakersfield
City Hall North – Economic & Community Development
1600 Truxtun Avenue, 3rd Floor
Bakersfield, CA 93301
1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by City that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, City will notify the CONTRACTOR by initiating an “Invoice Dispute Notification” form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the add ress exactly as provided above may result in return of the invoice to the CONTRACTOR. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by City.
1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations.
1.4 CONTRACTOR shall provide proof of payment to City for each invoice submitted for payment under this Grant. If the CONTRACTOR is not able to demonstrate proof of payment, City, at its discretion, may not issue a check.
1.5 The invoice shall contain the following information:
1.5.1 The word “INVOICE” and a sequential invoice number should appear in a prominent location at the top of the page(s); Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA B - 4
1.5.2 Printed name of the service provider or contractor, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number;
1.5.3 Printed name of the CONTRACTOR, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number;
1.5.4 The date of the invoice along with the number of the Agreement upon which the invoice is based;
1.5.5 All subcontractor invoices must be listed on the invoice; a copy of the subcontractor invoice should be attached to the service provider/contractors invoice; and,
1.5.6 A brief description of the work performed, including dates of performance and the name or initials of the person performing the work;
1.5.7 The method of computing the amount due. Invoices must be itemized based on the tasks specified in the Agreement.
1.5.8 The total amount due; this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the CONTRACTOR under the terms of this Agreement; and
1.6 The following items will not be allowed:
1.6.1 Late fees, gambling debts, debts of Board Members, invoices for which no dollar amount due on payments shows on the invoice, submissions of payment requests which do not balance, donations, Bingo game expenses, and expenses related to raffles and any other game of chance.
1.6.2 Proof of payment must be provided with invoice and CONTRACTOR payment request. Proof of payment may be a copy of an issued or cancelled check or copy of credit card payment.
1.6.3 Identifying information about CONTRACTOR employees or volunteers other than employee or volunteer names. Information such as Social Security numbers and addresses of employees or volunteers should not be included.
1.7 Original signature and date (in ink) of CONTRACTOR or its authorized representative on the CONTRACTOR payment request.
1.8 Final invoice shall be clearly marked ‘FINAL INVOICE’ and be submitted along with supporting documentation within the time as designated within the terms of the agreement.
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA C - 1
EXHIBIT C
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Executive Director Date
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA D - 1
EXHIBIT D
DRUG FREE WORKPLACE CERTIFICATION
The undersigned certifies, to the best of his or her knowledge and belief, that: CONTRACTOR, representing the facility known as _____________________________ located at ________________________ will continue to provide a drug-free workplace by meeting all standards and requirements of the Code of Federal Regulations, Part 24, Subpart F as follows:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the CONTRACTOR’s workplace and specifying the actions that will be taken against employees for violation of such prohibition;
2. Establishing an ongoing drug-free awareness program to inform employees about; (a) The dangers of drug abuse in the workplace;
(b) The CONTRACTOR’s policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and, (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will:
(a) Abide by the terms of the statement; and
(b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;
5. Notifying the agency in writing within ten calendar days after receiving notice under subparagraph 4 (b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position tit le, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;
6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted:
(a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs 1, 2, 3, 4, 5, and 6.
8. This certification meets the objectives and requirements of the United States Department of Housing and Urban Development (HUD).
Dated: _ Executive Director
Docusign Envelope ID: A5E47CDD-CAA2-42C9-8652-B32F324B90EA