V
AGREEMENT NO? 0 2 3- O OT
INDEPENDENTCONTRACTOR'SAGREEMENTFORHOMEREPAIRAND
WEATHERIZATION SERVICES
This INDEPENDENTCONTRACTOR'SAGREEMENT ("Agreement") is made and entered into on, JAN1 1 2023 , by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation (" CITY" herein) and STAPLESENERGY, a wholly owned subsidiary of Staples & Associates, Inc.
CONTRACTOR" herein).
RECITALS
WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the U.S. Senate -amended H.R. 1319 (P.L. 117-2) known as the American RescuePlan Act ( hereinafter " ARPA"); and
WHEREAS, ARPA established the Coronavirus State Fiscal Recovery Fund and Coronavirus Local Fiscal Recovery Fund, which together make up the Coronavirus State and Local FiscalRecovery Funds (hereinafter " SLFRF") program; and
WHEREAS, the SLFRFprogramisintendedto providesupportto State, local, andTribalgovernmentsinrespondingtotheeconomicandpublichealthimpacts of COVID- 19 and in their efforts to contain impacts on their communities, residents, and businesses; and
WHEREAS, on May 10, 2021, the U.S. Department of the Treasury (hereinafter TREASURY") issued the Interim Final Rule to implement ARPA in Title 31, Part 35 of the Code of Federal Regulations ( hereinafter " CFR"); and WHEREAS, on January 27, 2022, TREASURY ' adopted the interim rule publishedon May 10, 2021, withamendmentsasthe finalrule; and WHEREAS, under the final rule, recipients may use SLFRFto respond to the COVID-19publichealthemergencyor itsnegativeeconomicimpacts, including assistance to households; and
WHEREAS, in response to a Requestfor Proposals, CONTRACTORsubmitted a proposalto CITYto providecontractorservicesfor a HomeRepairand Weatherization Program that will assisthouseholds that have suffered negative economic impacts as. a result of the COVID- 19 public health emergency hereinafter " PROGRAM"); and
ARPA AGREEMENT FOR HOME REPAIRPROGRAM Page gAKF
S:\EDCD_Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx iF- 90RIGINAL '
WHEREAS, CITYhas determined that the PROGRAMis an eligible use of funds under ARPA and the final rule; and
WHEREAS, CITYdesires to utilize SLFRFto support the PROGRAM; and WHEREAS, CITYshall not be obligated to disburse, or pay to, CONTRACTOR or any thirdparty, anyfundsuntiland afterCITYreceivesGrantfundsfromthe federal government.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITYand CONTRACTOR mutually agree as follows:
1. NATIONAL OBJECTIVES. CONTRACTOR certifies that the activities carried out with funds provided under this Agreement will meet the Coronavirus State and Local Fiscal Recovery Fund program' s objective to reimburse fundingrelieffor purposesdirectlyrelatedto COVID-19per31CFRPart35.
2. DEFINITIONS. Except as modified by this Agreement, any term defined in Title VI of the Social Security Act, or the ARPAFund Regulations at 31 CFR 35, shall have the same meaning in this Agreement.
2. 1. " Program" means CITY's American Rescue Plan Act Program and its administration.
2. 2. " Activities" means services facilitated by CONTRACTORas defined in 31 CFR 35. 6 ( b) ( 3) (i) (B).
3. SCOPE OF. WORK. The CITY agrees to make grant funds available to CONTRACTOR for eligible expenditures and activities as
described in the CONTRACTOR' s scope of work and deliverables as stated in Exhibit " A" attached hereto and incorporated by reference herein.
3. 1 That portion of the scope of grant related to the types of activities eligible for use of ARPA funding shall specifically comply with the requirements set forth in 31 CFR Part 35 ( b) (3) (i) (B).
4. COMPENSATION. Total compensation for all work, services, or products for implementation of the PROGRAM in its entirety shall not exceed FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($ 500, 000. 00) and shall be paid on a per project basisas outlined below.
4. 1. The compensation set forth in this section shall be the compensation for the servicesprovided by CONTRACTOR, including, but not limited to, all out-of-pocket costs and taxes paid by the CONTRACTOR. CITY shallpay no compensation other than the compensationlistedin this ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 2
S:\EDCD_Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx d AK
as
y- m
vO
ORIGINAL
section unless otherwise agreed to in writing by the CITY and CONTRACTOR. In no case will CITYcompensate CONTACTOR more than $500,000.00for performing the scope of work.
4. 2. CONTRACTORshallbe paid for servicesrendered after receipt of an itemized invoice for the work completed and approved by CITYin accordance with the terms of this Agreement. Payment by CITY to CONTRACTORshall be made within thirty (30) days after receipt and approval by propertyowner and CITYof CONTRACTOR's itemized invoice.
4. 3. Because CONTRACTORis to be paid with SLFRFfunds, CONTRACTOR shallcomply withallfederallawsand regulationswhich are applicable to this Agreement.
4.4. CITYshall not be obligated to disburse, or pay to, CONTRACTORor any thirdparty, anyfundsuntilandafterCITYreceivesGrantfundsfromthe federal government. If CITY does not receive such funds, this Grant Agreement is null and void. In addition, CITY is not obligated to disburseany moniesto CONTRACTORuntiland unlessCONTRACTOR follows all the requirements for invoicing, including but not limited to providingrequireddata and outcomereportingand informationon milestonesand deliverables met during the invoiced period under this AGREEMENT.
4. 5. Method of Payment. CONTRACTOR shall properly itemize and document claims for payment to show detailed milestones, deliverables, or services, actual salaried paid for which CONTRACTOR claims reimbursement, as well as describing to which of the Activities the payment is related and providingrequireddata and outcome reports for the invoice period. CONTRACTOR shall also describe the basisfor computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may review the claim for completenessand accuracy and may refuseto pay any claim until explained to CITY' s satisfaction.
4. 6. Useof Funds. All amounts requested and used by CONTRACTORshall conform to the restrictions of 31 CFR35.6 (b) (2) (i).
5. TERM. Unlessterminated earlier as herein provided, this isa disbursement of FiscalRecoveryFundsto CONTRACTOR, and the termsof thisAgreement shall begin upon execution of this Agreement by all parties and end upon satisfaction of obligations set forth herein by CONTRACTOR, or December 31, 2024, whichever is sooner.
ARPA AGREEMENTFOR HOME REPAIRPROGRAM
S:\EDCD_Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx Page
O
AK
c9cnr
t= r
90RIGINAL
6. TERMINATION. Eitherparty may terminatethisAgreementafter givingthe other party written notice, as provided herein, ten days before the termination is effective.
7. COMPLIANCE WITH ALL LAWS. In addition to the terms stated herein, CONTRACTORshallcomply with the followingFederaland Statelawsand regulations:
7. 1. Federal. CONTRACTOR shall obey the ARPA, any amendments, Federal regulations, and guidelines now or hereafter enacted pursuantto theARPA, termsoftheAgreementto CITYnoworhereafter in effect, and CITY'sregulations now or hereafter enacted to facilitate administration of the Agreement, or any other statute, regulation, or guidelineapplicable to the Program. CONTRACTORshallbecome familiar with the appropriate statutes, regulations, and guidelines governing the program.
7. 2. California. CONTRACTORshall comply with all provisionsof California law applicable to this Agreement.
8. INDEPENDENT CONTRACTOR. CONTRACTOR understands and agrees that CITY is merely a pass -through entity for SLFRF Funding, and that CONTRACTORis not an agent or employee of CITYfor any purpose and is not entitled to any of the benefitsprovided by CITYto itsemployees. CITY shallbe exempt from payment of all UnemploymentCompensation, FICA, retirement, life and/ or medical insurance, and Workers' Compensation Insurance. Thisshall not be construed as forming a partnership or any other association with CONTRACTOR.
9. INDEMNIFICATION. CONTRACTOR shall indemnify, defend, and hold harmlessCITY, its officers, agents, and employees, and USDOTagainst any and all liability, claims, actions, causesof action, or demands whatsoever againstthem, or any of them, beforeadministrativeorjudicial tribunalsof any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR' s employees, - agents, independent contractors, companies, or subcontractors in the performance of, or in any wayarisingfrom, thetermsandprovisionsofthisAgreementwhetherornot causedin part by a partyindemnifiedhereunder, except for CITY's sole active negligence or willful misconduct.
10. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
11. EQUIPMENT. CONTRACTORwill supply all equipment, tools, materialsand suppliesnecessaryto performthe servicesunderthisAgreement.
ARPA AGREEMENT FOR HOME REPAIRPROGRAM Page
41<I;WI , 9
S:\EDCD_Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx 90RIGINAL_
12. STARTINGWORK. CONTRACTORshall not begin work until authorized to do soinwritingby CITY. Noworkwill be authorizedbeforethe date firstwritten above.
13. KEYPERSONNEL. CONTRACTORshall name all key personnel to be assigned to performtheScopeof Work. Allkeypersonnelshallbe properlylicensed and have the experience to perform the work called for under this Agreement. CONTRACTORshall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similarto the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval.
14. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisionsand standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth herein.
15. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of thisAgreement any licenses, permits and approvals which are legally required for CONTRACTORto practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees.. If CONTRACTORis a partnership, at least one partner shallhold the required licenseesor professionaldegrees.
16. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirementsand industrystandardsobserved by a specialist of CONTRACTOR's profession in California.
17. 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 performance of any contract for public work, as defined in this chapter, unless currently registeredand qualified to perform public work pursuantto 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 Businessand ProfessionsCode or by Section 10164or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuantto Section 1725.5 at the time the contract isawarded. The primecontractor isrequiredto postjob sitenoticesin compliance with Title 8 California Code of Regulations Section 16451. This project is subject to ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 5
cgAKc'
9S:\EDCD_Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx Ig rm
90RIGINAI.®
compliance monitoringand enforcement by the Department of Industrial Relations.
18. ADMINISTRATIVE REQUIREMENTS.
18. 1. Financial Management.
18. 1. 1. Accounting Standards. CONTRACTOR 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 CONTRACTOR's office during the term of this Agreement, and fora periodof threeyearsfromthe date of the finalpayment hereunder and made available to CITY representatives upon request at any time during regular businesshours.
18.1.2. CONTRACTORagrees to comply with 31 CFR35 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessarysource documentation for all costsincurred.
18. 1. 3. Cost Principles. CONTRACTOR shall administer funding in conformance with Title 2 CFR Part 200. 401 ( a) " Cost Principles Application Federal Awards to non - Federal entities."
18. 2. Documentation and Record - Keeping.
18. 2. 1. Records to be Maintained. CONTRACTOR shall maintain all records required by the Federal regulations specified in Title IV section 603(c) that are pertinent to the activities to be funded under this Agreement. Such records include, but are not limited to:
18.2.1.1. Records providing a full description of each activity undertaken;
18.2.1.2. Records demonstrating that each activity undertaken meets one of the Use of Funds objectives of the ARPA
program;
18. 2. 1. 3. Records required to determine the eligibility of activities; and
18.2.1.4. Financial records as required by 2 CFRPart 200.334.
ARPA AGREEMENT FOR HOME REPAIR PROGRAM Pagev', Ks S:\EDCD_Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx c mr
90IIIGINAL
18.3.Retention Period. CONTRACTORshall retain all records pertinent to expenditures incurred under this Agreement for a period of five ( 5) yearsaftertheexpirationof theFutureUseRestrictionPeriodunderthis Agreement. Records for non -expendable property acquired with funds under this contract shall be retained for five ( 5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment.
Notwithstanding the above, if there is litigation, claims, audits, negotiations, or other actions that involve any of the records cited and that have started before the expiration of the five- year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three- year period, whichever occurs later.
18. 4. Audits and Inspections. All CONTRACTOR 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 the CONTRACTORwithin 30days after receipt by it. Failureof CONTRACTORto comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. CONTRACTOR hereby agrees to have an annual audit conducted in accordance with current CITYpolicies concerning audits and, as applicable, 2 CFR 200 Subpart F.
1 19. NONDISCRIMINATION. There shall be no discrimination against or segregation of any personor group of personson account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry or disability in the performance of thisagreement or useof the Property.
TheCONTRACTORshallcomply with TitleVIof the CivilRightsAct of 1964, which prohibitsrecipients of federal financial assistancefrom excluding from a programor activity, denyingbenefitsof, or otherwisediscriminatingagainsta personon the basisof race, color, or national origin (42U.S.C. § 2000d et seq.), asimplemented by the Department of the Treasury'sTitleVIregulations, 31CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with " Limited English Proficiency" in any program or activity receivingfederal financial assistance, 42 U. S. C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement.
ARPA AGREEMENTFOR HOME REPAIRPROGRAM Page 7
S:\EDCD_Shored\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx gPKE T
OORIGINAL
20.COMPLIANCEWITHAPPLICABLELAWAND REGULATIONS. CONTRACTORagrees to complywithallotherapplicablefederalstatutes, regulations, and executive orders, and CONTRACTORshall provide for such compliance by other parties in any agreementsit entersinto with other partiesrelatingto thisaward.
Federal regulations applicable to this award include, without limitation, the following:
20. 1. Equal Employment Opportunity ( Non- discrimination Clause).
CONTRACTORshall not discriminate against any employee, or applicant for employment, because of race, color, religion, sex, national origin, age, disability, or sexual orientation. CONTRACTOR shall take affirmative action to ensure that applicants for employment and employees are treated during employment, without regard to race, color, religion, sex, national origin, age, disability, or sexual orientation. Such action shall include, 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. CONTRACTOR shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by CITYsetting forth the provisions of this nondiscrimination clause. CONTRACTOR shall state that all qualified applicantswill receive considerationfor employmentwithout regard to race, color, religion, gender, national origin, age, disability, or sexual orientation.
20. 2. Federal Labor Standards Provisions. CONTRACTOR shall comply with the requirementsof the Secretaryof Laborin accordance with the Contract WorkHoursand Safety Standards Act, the Copeland "Anti -Kickback" Act 2 CFR 200 Appendix II ( D)) and all other applicable Federal, state, and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. CONTRACTORshall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to CITY for review upon request.
20.2.1. CONTRACTOR shall make no awards of contracts under this Agreement to any contractor ineligible under any applicable regulations of the Department of Labor.
20.3. Clean Air and Water Acts. ThisAgreement is subject to the requirements of the Clean Air Act 2 CFR 200 Appendix II (G), as amended, 42 USC 7401- 7671 q.) et seqand the FederalWaterPollutionControlAct, asamended, 33 USC 1251 et seq.
ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 8
S:\EDCD-Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement-Home_RepairProgramStaplesEnergy.docx m
UORIGWAL
20. 4. Debarment and Suspension ( Executive Orders 12549 and 12689). This contract award ( see 2 CFR180.220) must not be made to parties listed on the government - wide exclusions in the System for Award Management ( SAM), in accordance with the OMB guidelines at 2 CFR part 180thatimplementExecutiveOrders12549 (3CFRpart 1986Comp., p. 189) and 12689 (3 CFRpart 1989Comp., p. 235), " Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
20.5. Lobbying. CONTRACTORcertifies, to the best of itsknowledge and belief, no Federally -appropriated fundshave been paid or will be paid, by or on behalf of CONTRACTOR, 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 Federalgrant, 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.
20. 5. 1. CONTRACTOR shall expend no Agreement funds to finance any political activity in contravention of the Hatch Act (Chapter 15 of Title 5 of the United States Code).
20.6. Procurement of recovered materials. CONTRACTORshall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency ( EPA) at 40 CFRpart 247 that contain the highestpercentage of recovered materialspracticable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $ 10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $ 10, 000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement programfor procurementof recovered materialsidentifiedin the EPA guidelines.
20.7. Prohibition on certain telecommunications and video surveillance services or equipment. CONTRACTORisprohibited from expending grant funds to: Procure or obtain; Extend or renew a contract to procure or obtain; or Enter into a contract ( or extend or renew a contract) to procureor obtain equipment, services, or systemsthat usescovered ARPA AGREEMENT FOR HOME REPAIRPROGRAM Page 9
O1le, A/(t,
S:\EDCD-Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement-Home_RepairProgramStaplesEnergy.docx m
UORIGINAL
telecommunications equipment or services as a substantial or essential component of any system, or ascritical technology as part of any system.
As described in Public Law 115- 232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei TechnologiesCompany or ZTECorporation (or any subsidiary or affiliate of such entities); video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company ( or any subsidiary or affiliate of such entities); telecommunications or video surveillance services provided by such entities or using such equipment; and telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
20. 8. Domestic preferences for procurements. CONTRACTOR, as appropriate, shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
20. 8. 1. " Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
20. 8. 2. " Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
20. 9. Women- and Minority - Owned Business Enterprises. CONTRACTOR agrees to abide by the requirements and regulations issued pursuant thereto at 2 CFR 200. 321. The foregoing requires the maximum practicable opportunity to participate, in contracts funded in whole or in part with federal funds, be provided to women- and minority -owned business enterprises, as subcontractors and suppliers to contractors performing work, or rendering services as prime contractors or subcontractors, under federally funded procurement contracts
ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 10
AKF9S:\EDCD_Shored\ EDProjects\ EDARPA\Home Repair\ Contractors\ Staples Energy\ ECD.ARPA.Agreement_ Home_RepairProgram StaplesEnergy.docx Mr
ORIGINAL
20. 10. Small Business Concerns. This Agreement is subject to the requirements of the Small Business Act ( 15 USC 631 et seq.), as amended, applicable to 2 CFR 200. 321, and any ,applicable rules and orders requiring aid, counseling, assistance, and protection, insofar as possible, with, for, or of the interests of small-business concerns in order to preserve free competitive enterprise; and placement with small businesses of a fair proportion of the total federally - funded purchases, contracts and services.
21. CITY' s OBLIGATIONS.
21. 1.Copy of Regulations and Statutes. CITY will make available to CONTRACTOR a copy of any regulation CITY enacts to facilitate administration of said Program.
22. CITY' S REMEDIES. If CONTRACTOR fails to materially comply with the terms of this Agreement, CITY, at its option, may suspend or terminate this Agreement and may demand CONTRACTOR return all funds granted to CONTRACTOR pursuant to this Agreement. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances made the remedies incompatible.
22. 1. Concurrent Remedy. No right or remedy herein conferred on 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 or 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.
23. INSURANCE.
23. 1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below (" Basic Insurance Requirements").
23. 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.
ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 11
O gpKF9 S:\ EDCD_Shored\ ED Projects\ EDARPA\ Home Repair\ Contractors\ Staples Energy\ ECD.ARPA.Agreement_ Home_ Repair Program Staples Energy. docx m
OORIGINALr
23. 1. 2. Commercial general liability insurance, unless otherwise approved by CITY's RiskManager, 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:
23. 1.2.1. Provide contractual liability coverage for the terms of this Agreement;
23. 1. 2. 2. Provide products and completed operations
coverage;
23. 1.2.3. Provide premises, operations, and mobile equipment coverage; and
23. 1.2. 4. Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents,
employees, and designated volunteers.
23. 1. 3. Workers' compensation insurance with limits of not less than 1,000,000 per occurrence. In 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, CONTRACTOR must
submit to CITYthe 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 before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR 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.
21. 2. General Provisions Applying to All Insurance Types.
21. 2. 1. All policies required of CONTRACTOR must be written on a first - dollar coverage basis or contain a deductible provision.
ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 12 56A1QFqS:\ EDCD_Shored\ ED Projects\ ED ARPA\ Home Repair\ Contractors\ Staples Energy\ ECD.ARPA.Agreement_ Home_ Repair Program Staples Energy. docx mr
00RIGINAL
Subject to CITY' s advance approval, CONTRACTOR may utilize a self -insuredretention 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 meansincluding other insuranceor which isintended to defeat the intent or protection of an additional insured.
21. 2. 2. All policies required of CONTRACTOR 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 CONTRACTOR' s insurance and must not
contribute with it.
21. 2. 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 RiskManager, but in no event lessthan 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.
21. 2. 4. The insurance required in this section must be maintained until the Scope of Work issatisfactorily completed as evidenced by CITY'swritten acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
21. 2. 5. Fullcompensation for all premiums which the CONTRACTORis 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.
21. 2. 6. It is further understood and agreed by CONTRACTOR that its liability to CITYwill not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 13
S:\EDCD_Shored\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx r6A/(,
t9
m
CbRIGINAL .
21. 2. 7. Unlessotherwise approved by CITY, if any part of the Scope of Work issubcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractorseven if CITY has approved lesserinsurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
22. MISCELLANEOUS.
22. 1. No Waiver of Default. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiverof that party'srightto enforcesucha provisionat a later time shall not serve to vary the terms of this Agreement.
22.2.131indingEffect. 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.
22.3.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 prioragreement 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 CITY Council and signed by all the parties.
22.4.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.
22.5.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. ,
22. 6. 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 actual personal service or depositing in the ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 14
O
gAkF
S:\EDCD_Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx 9 r
ORIGINALo
United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
If directed to CITY, addressed to:
City of Bakersfield
Economic & Community Development Department
1600 Truxtun Avenue, 3rd Floor
Bakersfield, CA 93301
If directed to CONTRACTOR, addressed to:
Staples Energy
N28W23050 Roundy Dr. Suite 100
Pewaukee, WI 53072
22. 7. Execution. This Agreement is effective upon execution. It is the product of negotiation, and all parties are equally responsible for authorship of thisAgreement. Section 1654of the California Civil Code shall not apply to the interpretation of thisAgreement.
22. 8. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement ( including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and shall be unenforceable and otherwise null and void without the need for further action by' the non - assigning party or parties.
22. 9. Negation of Partnership. CITY shall not become or be deemed a partner or joint venturer with CONTRACTORor associate in any such relationship with CONTRACTORby reason of the provisions of this Agreement. CONTRACTORshall not for any purpose be considered an agent, officer, or employee of CITY.
22. 10. Conflicts of Interest. CONTRACTOR stipulates that corporately, or individually, the firm, its employees and sub - consultants 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 ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 15
S:\EDCD_Shared\EDProjects\EDARPA\Home Repair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx It r
FORONO
Agreement and funds provided for herein ( California Government Code Section 1090).
22. 11. Tax Numbers.
CONTRACTOR' S"Federal Tax Identification No. 20- 8988427 CONTRACTOR" is a corporation? Yes x No
Please check one.)
Signatures on Following Page]
ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 16
o gAKF9 S:\EDCD_Shared\EDProjects\EDARPA\HomeRepair\Contractors\StaplesEnergy\ECD.ARPA.Agreement_Home_RepairProgramStaplesEnergy.docx
OORIGINALO
IN WITNESSWHEREOF, the parties hereto have caused this Agreement to be executed the day and year first -above written.
CITY"
CITY OF BAKERSFIELD
CONTRACTOR"
STAPLES ENERGY
By: , By:
KAREN K. GOH
Mayor Print Name: Nathan Baer
Title: ManagingPartnerandChiefOperatingOfficer
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By. w
JO UA H. RUDNICK
Deputy City Attorney II
Insurance/ Surety:
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY DEVELOPMENT
DEPARTMENT
By:
AUL M. SALDANA
Economic & Community Development
Director
r-
COUNTERSIGNE
By:
RA`NDt* CKF&6AN
Finance Director
JHR:ag
Attachments:
Exhibit " A" - Scope of Work
ARPA AGREEMENT FOR HOME REPAIR PROGRAM Page 17 AK
S:\EDCD_Shared\ EDProjects\ EDARPA\ Home Repair\ Contractors\ Staples Energy\ ECD.ARPA.Agreement_ Home_Repair Program Staples Energy.docx m
r ro
ORIGINAL
EXHIBIT " A"
American Rescue Plan Act ( ARPA)
Home Repair and Weatherization Program
SCOPE OF WORK
Purpose
The City of Bakersfield wants to help homeowners make necessary health and safety repairs to their home. The program addresses the need for assistance to individuals considered low- income and have disproportionately impacted by the COVID- 19 pandemic. The Program will offer a maximum amount of $ 15,000 per household for improvements to privately owned structures to address heating/ cooling systems, plumbing systems, roofs, doors, windows, stucco/ siding, electrical systems, and other principal components improving the quality of life for Bakersfield residents.
Completing all tasks necessary for the execution of the Home Repair and Weatherization Program. The general scope of services to be provided by the selected contractor are as followed:
a. Visually inspect the structure in question to assessthe repairs needed. All work is required to meet the client' s needs.
b. Contractor shall complete a work write- up for the needed repairs. c. Contractor to replace all materials with a similar or equal value unless approved otherwise.
d. Contractor shall make a recommendation submit to City for review and approval with required documentation for job. estimates, including itemized breakdown and total costs.
e. Contractor shall complete the work as approved by the work write- up: provide all labor, equipment, supplies, and administrative support for project completion. f. Acquire building permits, following all established City building requirements.
EACH improvement MUST meet and pass all applicable City building code and permit requirements.
g. If lead and/ or asbestos abatement is necessary, the lead/ asbestos- related work shall be completed by certified staff and Contractor shall obtain a post lead/ asbestos clearance.
h. Contractor shall submit to City a request for final inspection and payment, with a breakdown of charges specific to each project.
i. Individual projects shall not exceed $ 15,000 in totality.
5. Two copies of the invoice shall be issued at the time of purchase showing: ( a) the agreement number, ( b) the amount, ( d) a description of the item and ( e) the unit price.
6. Billing: All statements to be itemized showing all invoice numbers. A completed Homeowner Endorsement Form demonstrating an understanding of proposed scope of work must be included with each invoice, or the payment will not be processed.
Invoices for onejob must be submitted at the same time. The statement and invoices are to be sent directly to the City' s Economic & Community Development Department at 1600 Truxtun Avenue, 3rd Floor, Bakersfield, CA. 93301.
A- 1
y' mr
ORIGINO
7. Payments will be made at the end of a thirty (30) day billing cycle or sooner provided all documentation and invoices are received. Documentation and invoices must be receivedby the end of the firstcalendarweekof each monthto be consideredfor payment that month.
Workmanship for the City of Bakersfield must conform to standard building practices and local jurisdictional codes.
Eligible program improvement costs ( labor, equipment, materials, supplies, and permits) include:
o Roof repair/ replacement
o ADA accessibility
o General carpentry
o Drywall & painting
o Flooring
o Foundation
o Gutters & downspouts
o Windows replaced
o Doors replaced
o General exterior fagade/ siding repairs/ painting
o Insulation repair/ replacement
o Plumbing repairs
o HVAC repairs
o Electrical repairs
o Energy efficient lighting and appliance replacement
o The City reserves the right to negotiate to add eligible costs to the agreement as deemed necessary.
File Maintenance and Reporting
Contractor shall be required to complete and maintain a file folder for each project, which shall include " before and after" photos, and all documentation and records required by the City. All additional documentation required to ensure compliance of all funding requirements and regulations shall also be included in the file folder. Contractor shall be required to provide status reports for each project in accordance with the project schedule.
A- 2
m
ORIGINAL
Request for Final Inspection and Payment
Home Repair and Weatherization Program
Date:
File No. Purchase Order No. Payment No.
To: City of Bakersfield
Attn: Economic and Community Development
Department
Address: 1600 Truxtun Ave., 3rd Floor
Bakersfield, CA 93301
From: Contact Person
Mailing Address:
Email:
Phone:
Grant Award Amount: $
Reimbursement Requested $
Client:
Address:
Name of Contractor:
Contractor Representative Name ( Printed):
Contractor Address:
Phone:
Date work started: Census Tract:
Date work completed: Contractor Signature:
A- 3
O
gAKF
rnr
ORIGINAI'
Description of work:
Date of
Expenditure
Description Cost Name of
Contractor/ Sub-
Contractor
Total amount:
I have reviewed the above work items for compliance with contract cost and found them to be satisfactory. I recommend payment.
Contractor Representative Date
I CERTIFYTHAT, to the best of my knowledge, the contractor has performed the above - described work and it is acceptable.
HOMEOWNER Signature
Date:
Inspection/ pictures made [ ] Y [ ] N INITIALS .
I concur in the recommendation of payment.
Approved by:
City of Bakersfield, Economic and Community Development Department A- 4
s
90RIGINO
ocusign Envelope ID: 61E2AE40- 0DB5- 4A44- 96B3- 0E8DBD6E6ECD AGREEMENT NO. 2023- 007 ( 1)
AMENDMENT NO. [ 1] TO
AGREEMENT NO. 2023- 007
This AMENDMENT NO. 1 TO AGREEMENT NO. 2023- 007 is made on NOV2 0 2024 , by and between the CITY OF BAKERSFIELD, a California charter city and municipal corporation (" CITY") and STAPLESENERGY, a wholly owned subsidiary of Staples & Associates, Inc. (" CONTRACTOR") herein.
RECITALS
WHEREAS, on January 11, 2023, CITY and CONTRACTOR entered into Agreement No. 2023-007 for CONTRACTORto provide services. for a Home Repair and Weatherization Program to assist households that have suffered negative economic impacts because of the COVID- 19public health emergency; and WHEREAS, CONTRACTOR requires additional time to complete the Scope of Work for the remaining applications still pending or on the waitlist; and WHEREAS, the parties now desire to amend Agreement No. 2023- 007 to extend the Term of the Agreement to complete the Scope of Work.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. Section 5 of Agreement No. 2023- 007 entitled " TERM" is hereby amended to read as follows:
5. TERM. Unless terminated earlier as herein provided, this is a disbursement of Fiscal Recovery Funds to CONTRACTOR, and the term of this Agreement shall begin upon execution of this Agreement by all parties and end upon satisfaction of
obligations set forth herein by CONTRACTOR, or December 31, 2026, whichever is sooner.
2. Except as amended herein, all other provisions of Agreement No. 2023- 007 shall remain in full force and effect.
It
Amendment- No. 1 to Agreement No. 2023- 007 Q s;
S:\EDCD_Shared\EconomicDevelopment\EDSP\ARPA\Home RepairAnd Weatherization\Contractors\StaplesEnergy\Amendno.ltoagrno.2023M7.Dl c-I to
50RIGINA:L
ocusign Envelope ID: 61 E2AE40- ODB5- 4A44- 96B3- OE8DBD6E6ECD IN WITNESSWHEREOF, the parties hereto have caused this Amendment No. 1to Agreement No. 2023-007to be executed the day and year firstabove written.
CITY''
CITY OF BAKER IELD
By:
KAREN GOH
Mayor
CONTRACTOR"
STAPLES ENERGY
DocuSigned by:
By:
Print Name:
Scott Landrum
Title:
CEO
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY DEVELOPMENT
DEPARTMENT
By. C.
DocuSigned by:
RABF . SFDfiAS4Afi
JENNIFER M. BYERS
Economic & Community
Development Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By•
J HUA H. RUDNICK
eputy City Attorney II
Insurance: 71, 1,
COUNTERSIGNED:
By: Z/// Z::: —
RA D MC EGAN
Finance Dir ctor
Amendment No. l to Agreement No. 2023- 007 ; n
S:\ EDCD_Shared\ Economic Development\ EDSP\ARPA\ Home Repair And Weatherization\ Contractors\ Staples Energy\ Amendno. l toagmo. 2023-007.Docx 0
ORIGINAL
DocuSign°
Certificate, Of Completion
Envelope Id: 61E2AE40ODB54A4496B3OE8DBD6E6ECD Status: Completed Subject: CompletewithDocuSign: AmendNo.1toAgrNo.2023-007.pdf, Certificatefor Cityof Bakersfield.pdf Source Envelope:
Document Pages: 8 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 City Clerk' s Office
AutoNav: Enabled city_ clerk@bakersfieldcity. us
Envelopeld Stamping: Enabled IP Address: 174. 46. 226. 5 Time Zone: ( UTC- 08: 00) Pacific Time ( US & Canada)
Record Tracking
Status: Original Holder: City Clerk' s Office Location: DocuSign 11/ 4/ 2024 9: 06: 52 AM city_ clerk@bakersfieldcity. us Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Bakersfield Location: DocuSign Slgner Events Signature Timestamp
Scott Landrum DoaoS1enedby, Sent: 11/4/ 2024 9: 09: 52 AM scott@staplesenergy. com
h
Viewed: 11/ 4/ 2024 1: 58: 47 PM
CEO
DMMAMC3W4...
Signed: 11/ 4/ 2024 1: 59: 07 PM
Staples Energy Inc.
Security Level: Email, Account Authentication Signature Adoption: Pre -selected Style None) Using IP Address: 12. 174. 28. 50
Electronic Record and Signature Disclosure:
Accepted: 11/4/ 2024 1:58: 47 PM
ID: Od09017a- 5ee9- 4975- 9a83- 4f2347303b41
Jennifer M. Byers D— Signed by:
Y Sent: 11/ 4/ 2024 1: 59: 08 PM
jbyers@bakersfieldcity. us
EJBSBFEC5FD6&148e
l.btAniIr k. biyt-n Viewed: 11/ 6/ 2024 9: 24: 28 AM
Security Level: Email, Account Authentication .. Signed: 11/ 6/ 2024 9: 24: 34 AM None)
Signature Adoption: Pre - selected Style
Using IP Address: 174. 46. 226. 5
Electronic Record and Signature Disclosure:
Accepted: 5/ 26/ 2023 10: 13: 24 AM
ID: ab9ab9e6- 74d8- 43a0- b6e5- elf3271042ea
In Person Siciner Events Signature - Timestamp
Editor` DelnreryEvents Status =. Timestamp
Agent Delivery Events Status, Timestamp _
Intermediary Delivery Events Status Timestamp
Certified Delivery` Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature ;, Timestamp
Notary Events Signature .-,. Timestamp
Envelope Summary Events . Status Timestamps
Envelope Sent Hashed/ Encrypted 11/ 4/ 2024 9: 09: 52 AM ny
i
JpglGINA. I-
Envelope Summary Events Status ; a Timestamps
Envelope Updated Security Checked 11/ 7/ 2024 10: 08: 20 AM Envelope Updated Security Checked 11/ 7/ 2024 1: 20: 57 PM Certified Delivered Security Checked 11/6/2024 9:24: 28 AM Signing Complete Security Checked 11/6/2024 9:24: 34 AM Completed Security Checked 11/ 7/ 2024 1: 20: 57 PM
Payment Events. Status - Ttmestamps .
ElectronicsRecord and Signature Disclosure'
Kp
to
OGRIG!`NAI, '
Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM Partiesagreedto: ScottLandrum, JenniferM. Byers
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
Fromtimetotime, CityofBakersfield (we, usorCompany) mayberequiredbylawtoprovide to you certain written notices or disclosures. Described below are the terms and conditions for providingto you suchnoticesanddisclosureselectronicallythroughtheDocuSignsystem.
Pleasereadtheinformationbelowcarefullyandthoroughly, andif youcanaccessthis informationelectronicallyto yoursatisfactionandagreeto this ElectronicRecordandSignature Disclosure (ERSD), pleaseconfirmyouragreementby selectingthecheck -boxnextto `I agreeto useelectronicrecordsandsignatures' beforeclicking `CONTINUE' within theDocuSign system.
Getting paper copies
At anytime, youmayrequestfromusapapercopyof anyrecordprovidedormadeavailable electronicallyto youby -us. You will havetheability to downloadandprint documentswe send to youthroughtheDocuSignsystemduringandimmediatelyafterthesigningsessionand, if you electto createaDocuSignaccount, youmayaccessthedocumentsfor alimitedperiodof time usually30days) aftersuchdocumentsarefirstsenttoyou. Aftersuchtime, if youwishforusto sendyoupapercopiesof anysuchdocumentsfromourofficetoyou, youwill bechargeda
0.00per -pagefee. Youmayrequestdeliveryof suchpapercopiesfromusbyfollowingthe procedure described below.
Withdrawing your consent
If youdecidetoreceivenoticesanddisclosuresfromuselectronically, you -mayat, anytime changeyourmind andtell usthatthereafteryou wantto receiverequirednoticesanddisclosures only in paperformat. How youmustinformusof your decisionto receivefuturenoticesand disclosurein paperformatandwithdrawyourconsentto receivenoticesanddisclosures electronically is described below.
Consequencesof changing your mind
If youelectto receiverequirednoticesanddisclosuresonly in paperformat, it will slowthe speedatwhichwecancompletecertainstepsin transactionswithyouanddeliveringservicesto youbecausewewill needfirsttosendtherequirednoticesordisclosuresto youinpaperformat, andthenwaituntilwereceivebackfromyouyouracknowledgmentofyourreceiptof such paper notices or disclosures. Further, you will no longer be able to usethe DocuSign.system to receiverequirednoticesandconsentselectronicallyfrom usor to signelectronicallydocuments from us.
All noticesand disclosureswill be sentto you electronically Unless -youtellusotherwisein accordancewiththeproceduresdescribedherein, wewill provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, andotherdocumentsthatarerequiredto beprovidedormade availableto you duringthe courseof ourrelationshipwith you. To reducethechanceof you inadvertentlynotreceivinganynoticeordisclosure, weprefertoprovideall oftherequired noticesanddisclosuresto youbythesamemethodandtothesameaddressthatyouhavegiven us. Thus, you canreceiveall thedisclosuresand noticeselectronicallyor in paperformatthroughthe papermail deliverysystem. If youdo notagreewith this process, please let us knowas described below. Pleasealso see theparagraphimmediatelyabove that describesthe consequences of yourelectingnot to receivedeliveryof thenoticesand disclosureselectronically from us. How
to contactCity of Bakersfield: You
maycontactus to letus knowof yourchangesas to howwe maycontactyou electronically, to requestpaper copiesof certaininformationfrom us, andto withdrawyour priorconsentto receive noticesand disclosureselectronicallyas follows: To
contactus byemailsend messagesto: [email protected] To adviseCity of Bakersfieldof yournew emailaddressTo
let us knowof a changein youremailaddresswhere we shouldsend noticesand disclosureselectronically to you, you mustsendan emailmessageto usat [email protected] and in thebodyof suchrequestyou muststate: your previousemail address, your new emailaddress.
We do notrequireany otherinformationfrom you to changeyour emailaddress. If youcreateda DocuSignaccount, you mayupdateit withyournew email- addressthroughyour account preferences. To
requestpaper copiesfrom City of BakersfieldTo
requestdeliveryfrom us of papercopiesof thenoticesand disclosurespreviouslyprovided by ustoyouelectronically, you mustsendus anemailto [email protected] andin the bodyof suchrequestyou muststateyouremailaddress, full name, mailingaddress, and telephone number. We will bill youfor anyfeesat thattime, if any. To withdrawyour consentwith City of BakersfieldTo
informus thatyou no longerwish to receivefuture noticesand disclosuresin electronicformat you may: OSIGlNF,
L
i. declineto signadocumentfromwithinyoursigningsession, andonthesubsequentpage, selectthecheck -box indicatingyouwish to withdrawyour consent, or youmay; ii. [email protected] thebodyof suchrequestyoumust stateyouremail, full name, mailingaddress, andtelephonenumber. Wedonot needanyother information from you to withdraw consent.. Theconsequencesof yourwithdrawingconsentfor onlinedocumentswill bethattransactionsmaytakealongertimeto process..
Required hardware and software
Theminimumsystemrequirementsfor usingthe. DocuSignsystemmaychangeovertime. The current system requirements are found here: htips:// support. docusi n.com/ guides/ signer- wide- si nging_-system-requirements.
Acknowledgingyour accessandconsentto receiveandsigndocumentselectronically To confirmto usthatyou canaccessthis informationelectronically, whichwill be similarto otherelectronicnoticesanddisclosuresthatwewill provideto you, pleaseconfirmthatyouhave readthisERSD; and (i) thatyou areableto print onpaperor electronicallysavethis ERSDfor your futurereferenceandaccess; or (ii) thatyou areableto emailthis ERSDto an emailaddress whereyouwill beableto print onpaperor saveit for your futurereferenceandaccess. Further, if youconsenttoreceivingnoticesanddisclosuresexclusivelyin electronicformatasdescribed herein, then selectthe check -box next to `I agreeto useelectronic records and signatures' before clicking ` CONTINUE' within the DocuSign system.
By selectingthecheck -boxnextto `I agreeto useelectronicrecordsandsignatures', you confirm that:
You can accessand read this Electronic Record and SignatureDisclosure; and You canprint onpaperthisElectronicRecordandSignatureDisclosure, or saveor send thisElectronicRecordandDisclosureto a locationwhereyou canprint it, for future reference and access; and
Until or unlessyou notify City of Bakersfieldas describedabove, you consentto receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documentsthat arerequired to be provided or made availableto youby City of Bakersfieldduringthecourseof yourrelationshipwith City of Bakersfield.
ORIG!` AL