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AGREEMENT NO. ___________________
COMMUNITY ACTION PARTNERSHIP OF KERN
COMMUNITY DEVELOPMENT BLOCK GRANT
SOLAR INSTALLATION AGREEMENT
This INDEPENDENT CONTRACTOR’S AGREEMENT (“Agreement”) is made and entered into on _______________________, by and between the CITY OF BAKERSFIELD, a municipal corporation (“CITY”), and COMMUNITY ACTION PARTNERSHIP OF KERN a non-profit, public-benefit corporation authorized to do business in California (“CONTRACTOR”).
R E C I T A L S
WHEREAS, CITY is a recipient of funds from the United States Department of Housing and Urban Development (referred to herein as “HUD”) under Title I of the Housing and Community Development Act of 1974, and amendments thereto (“Act”), as administrator of the Community Development Block Grant (“CDBG”) having the Catalog of Federal Domestic Assistance number 14.218; and
WHEREAS, on November 13, 202 3, CITY issued a Notice of Funding Availability requesting applications for eligible CDBG Programs for the fiscal year 2024-25 Action Plan; and
WHEREAS, CONTRACTOR submitted an application requesting assistance and CITY desires to assist CONTRACTOR with a portion of the costs associated with installation of solar array on the Friendship House Community Center located at 2424 Cotton wood Road within CITY (“Project”); and
WHEREAS, as part of CITY’s approved Fiscal Year (FY) 2024-25 HUD Action Plan, two hundred thirty-one thousand and forty eight dollars ($231,048) in grant funding (“GRANT” or “Grant Funding”) was set aside for Project; and
WHEREAS, California Government Code Section 53703 authorizes cities to participate in federally funded health, welfare, public works, and community - improvement programs, and empowers cities to contract with public and private agencies; and
WHEREAS, CONTRACTOR is an experienced operator of a community center with programs and activities that serve low - and moderate -income individuals and families within CITY; and
WHEREAS, CITY shall not be obligated to disburse, or pay to, CONTRACTOR or any third party, any funds until and after CITY receives GRANT funds from the federal government.
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NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. OBJECTIVE. CONTRACTOR certifies that the activities carried out with funds provided under this Agreement will meet the objective to principally benefit low/moderate income persons as defined in 24 CFR Part 570.208(a)(2)(A).
2. DEFINITIONS. Except as modified by an agreement, to be entered into by CITY, CONTRACTOR, and HUD, any term defined in Title I of the Act, or the HUD Grant Fund Regulations at 24 CFR 570, shall have the same meaning in this Agreement.
2.1 "Program" means CITY's Community Development Program, and its administration.
2.2 "Fiscal Year" means a twelve-month period between July 1 and June 30 to coincide with CITY’s budget year.
3. SCOPE OF WORK . In exchange for the Compensation (defined below) CONTRACTOR shall be responsible for performing Project in a manner satisfactory to CITY and consistent with any standards required as set forth in Exhibit "A," (Scope of Work) attached hereto and incorporated by reference herein.
4. COMPENSATION/PAYMENT PROCEDURE . Subject to the conditions of this section, and Exhibit “B” attached hereto and incorporated by reference herein, CITY will reimburse CONTRACTOR as follows for performing the Scope of Work (“Compensation”):
(1) A total not to exceed TWO HUNDRED THIRTY -ONE THOUSAND FORTY-EIGHT DOLLARS ( $231,048) after the Scope of Work is completed to CITY’s satisfaction.
CITY will reimburse CONTRACTOR within thirty (30) days after CONTRACTOR submits itemized invoice(s) for the portions of the Scope of Work (outlined in the activities attached hereto in Exhibit A) completed and that invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out -of-pocket costs and taxes. CITY will pa y no other compensation to CONTRACTOR . In no case will CITY
reimburse/compensate CONTRACTOR more than $231,048 for performing the Scope of Work.
5. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on July 31, 2027.
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6. TERMINATION. Either party may terminate t his Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.
7. CONDITIONS OF PROGRAM.
7.1 CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with the requirements set forth in 24 CFR 570, 24, Subpart J; CFR 570.60, 24 Subpart K, 24 CFR Part 84; OMB Circular A -122; and OMB Circular A - 133.
7.2 CONTRACTOR is required to have errors and omissions insurance, which will protect CITY in the event of professional errors or omissions by CONTRACTOR.
7.3 CONTRACTOR is aware that information may come into
CONTRACTOR’s possession which may impact CITY’s legal position in the event such information was released to outside parties.
7.4 CONTRACTOR shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the expiration of the Future Use Restriction Period under this Agreement.
Records for non-expendable property acquired with funds under this Agreement 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 five-year period, whichever occurs later.
7.5 CONTRACTOR shall maintain client data demonstrating client eligibility for services provided. Such information should include, but not be limited to, client name, address, income level, or other basis for determining eligibility, and description of service provided.
CONTRACTOR shall also collect and maintain data regarding race, ethnicity, female head of household, and disability status of clients.
Such information shall be submitted to CITY or its designees for review on a quarterly basis using the Activity Beneficiary Report or alternative form approved by CITY attached hereto as Exhibit “E” and incorporated by reference herein.
7.6 Miscellaneous. CONTRACTOR shall execute Exhibit “B”, Exhibit “C”, Exhibit “D”, attached hereto and incorporated by reference herein, demonstrating compliance with certain regulation provisions.
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8. ACCOUNTING RECORDS . 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 for a period of five (5) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
9. 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 reco very 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.
10. 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.
11. COMPLIANCE WITH ALL LAWS . CONTRACTOR shall, at CONTRACTOR ’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, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
12. 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.
13. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
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14. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
15. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
16. EXECUTION. This Agreement is effective upon the date first written above and 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.
17. 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 referen ce is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
18. 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.
19. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
20. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and 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.
21. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s 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 kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
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22. INDEPENDENT CONTRACTOR . This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR 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 CONTRACTOR other than that of an independent contractor.
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.
23.1.2 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:
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 . 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,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
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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.
23.2 General Provisions Applying to All Insurance Types.
23.2.1 All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR 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.
23.2.2 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.
23.2.3 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 insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approv ed by CITY in writing.
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23.2.4 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.
23.2.5 Full compensation for all premiums which CONTRACTO R is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional
allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance.
23.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
23.2.7 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 CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
24. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
25. KEY PERSONNEL . At request of CITY, CONTRACTOR 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 CONTRACTOR shall not change such personnel without the approval of CITY.
26. LICENSES. CONTRACTOR 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 CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one (1) officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one (1) partner shall hold the required licensees or professional degrees.
27. MERGER AND MODIFICATION . This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties.
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28. 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.
29. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
30. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed a s follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: COMMUNITY ACTION PARTNERSHIP OF KERN
1300 18th Street, Suite 200
Bakersfield, California 93301
31. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the receipt of Grant Funds from the federal government and appropriation and allocation of resources by the City Council.
32. SB 854 COMPLIANCE . To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the per formance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provide d the contractor is registered to perform public work pursuant to Labor Code Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with California Code of Regulations, Title 8, Section 16451. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.
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33. STANDARD OF PERFORMANCE . The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
34. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above.
35. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number 86-1249865
CONTRACTOR is a corporation? Yes X No
(Please check one.)
36. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third -party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
37. TITLE TO DOCUMENTS . All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
“CITY” “CONTRACTOR”
CITY OF BAKERSFIELD COMMUNITY ACTION PARTNERSHIP
OF KERN
By: ________________________________ By: ________________________________ KAREN K. GOH JEREMY TOBIAS
Mayor Chief Executive Officer
APPROVED AS TO CONTENT:
DEVELOPMENT SERVICES
By: ________________________________
PHILLIP BURNS
Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: _____________________________ Finance Director: _____________________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
Attachment(s): Exhibit A Exhibit C Exhibit E
Exhibit B Exhibit D
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EXHIBIT "A"
FY 2024-25 Solar Installation
Community Action Partnership of Kern
Purpose
The Community Action Partnership of Kern (CAPK), a nonprofit and that provides a variety of services at a variety of locations, including their Friendship Community Center is located at 2424 Martin Luther King Blvd (formally Cottonwood Road), Bakersfield, CA 93307 . The Friendship House Community Center serves low - income individuals and families by providing educational, social, and recreational services for the Southeast Bakersfield community. The solar panel installation project will help reduce electrical costs, allowing CAPK to further serve the operations and support the youth and senior programs housed within. For example, when using the indoor gym and sporting field after houser to provide a safe environment for low -income children in the community to particip ate in sporting activities.
Description
CAPK will receive up to $ 231,048 in FY202 4-25 Community Development Block Grant (CDBG) funds for reimbursement of costs associated with installation of solar panels on the Friendship House Community Center . The costs of CDBG eligible expenses are as follows : design features and improvements which promote energy efficiency.
Disbursement of Funds
CITY agrees to pay “claims for payment” directly to CAPK within thirty (30) days after CITY receives a satisfactory “Corporation Payment Request”. The Schedule of payment shall be: 20% ($46,209.60) at the execution of this agreement and City Council approval; 40% ($92,419.20) upon entering into a contract with a contractor for the construction of the rooftop solar photovoltaic array; 30% ($69,314.40) upon completion of 50% of construction and (10%) ($23,104.80) upon commissioning of the system and project closeout
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Construction Time Frame
Milestone Due Date
Milestone 1:
Agreement executed
between City of Bakersfield
and CAPK August 26, 2026
Milestone 2:
Agreement between CAPK
and selected contractor November 1, 2026
Milestone 3:
50 percent completion of
construction work for the
rooftop solar array project January 31, 2027
Milestone 4:
System commissioning and
project closeout July 31, 2027
Reporting
CAPK will report annually to the City of Bakersfield using Exhibit E – Activity Beneficiary Report. City staff may ask for data regarding persons served at any time during the agreement term and within the 5-year record retention period.
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EXHIBIT “B”
INVOICING AND BUDGET DETAIL
1. INVOICE PACKAGES.
1.1 All invoice packages shall be submitted to City’s Community Development Department not to exceed one invoice package per month, with at least one submittal quarterly, and in the minimum amount of $500.00 except for the final funding draw invoice. The address for submittal is:
Community
Development Department
City of Bakersfield
1600 Truxtun Ave Floor 3
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 and associated performance report.
Invoices received by City that are not consistent with a format approved by the CITY 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 address 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); and,
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; and,
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1.5.3 Printed name of the CONTRACTOR, along with business address, including P.O. Box, City, State, and Zip Code and Telephone Number; and,
1.5.4 The date of the invoice along with the number of the Agreement upon which the invoice is based; and,
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; and,
1.5.7 The method of computing the amount due. Invoices must be itemized based on the tasks specified in the Agreement; and,
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 th e CONTRACTOR under the terms of this
Agreement; and,
1.5.9 The invoice shall include a calculation of CDBG -eligible programs and activities as a percentage of all programs and activities provided at the CAPK Friendship House . Only the CDBG-eligible share of costs is qualified for reimbursement under this agreement.
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, and expenses related to raffles and any other game of chance; and,
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; and,
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.
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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.
2. BUDGET CLAUSE.
The amount will not exceed the amount as stated in Section 3 of the Agreement.
If funding for any fiscal year is reduced or deleted by the HUD for purposes of the program, CITY shall have the option to either cancel this Agreement with no liability occurring to C ITY, or offer an Agreement amendment to CONTRACTOR to reflect the reduced amount. Updated budget information shall be provided at the request of CITY.
3. PAYMENT OF COSTS.
CONTRACTOR agrees that it will provide for payment of its operating costs and that all costs connected with the facility will be paid by the CONTRACTOR on a timely basis.
4. AUDIT DISALLOWANCES.
CONTRACTOR agrees it shall return any audit disallowances funding to CITY.
Read and Agreed By: ______________________________________ Chief Executive Officer
CONTRACTOR Name: Community Action Partnership of Kern
Date: _________________________________
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Community Action Partnership of Kern
Invoice
Grant Funding: FY24-25 Grant type CDBG
Grant Agreement No.
Purchase Order No.
Payment No.
To: City of Bakersfield Attn: Community Development Address: 1600 Truxtun Ave Floor 3 Bakersfield, CA 93301
From: CONTRACTOR _________________________ _________________________
Mailing Address: _________________________
Grant Agreement Award Amount: $231,048
Reimbursement Requested $____________________________
Program Income from CDBG $________________________
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
___________________________________
CONTRACTOR Representative Name (Printed)
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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:_____________________________________________________________
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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.
________________________________________________ _____________________ Chief Executive Officer,
Community Action Partnership of Kern Date
Docusign Envelope ID: 1592FAAA-8354-8FEE-8100-70E18817A947
CAPK Community Development Block Grant
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 grantee’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 grantee’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 Docusign Envelope ID: 1592FAAA-8354-8FEE-8100-70E18817A947
CAPK Community Development Block Grant
D - 2
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).
________________________________________________ _____________________ Chief Executive Officer,
Community Action Partnership of Kern Date
Docusign Envelope ID: 1592FAAA-8354-8FEE-8100-70E18817A947
CAPK Community Development Block Grant
E - 3
EXHIBIT “E”
ACTIVITY BENEFICIARY REPORT
Facility Name: ____________________________________________
Service Provider Agency: ____________________________________________
Reporting Period: __________________________________________________
Number of Persons Assisted Who Are:
Total
Number
Assisted
1 Extremely
Low
Income
(30% of
Median)
2 Very Low
Income
(50% of
Median)
3 Low
Income
(80% of
Median)
Persons
with
Disability
Female
Head-of-
Household
Limited
English
Proficiency
Total
Number of
Individuals
RACE/ETHNICITY
Total Number
Assisted
(unduplicated)
Hispanic or
Latino
(duplicated)
Total Number
Assisted
(unduplicated)
Hispanic or
Latino
(duplicated)
White
American
Indian or
Alaskan Native
AND White
Black or African
American Asian AND
White
Asian
Black or African
American AND
White
American
Indian or
Alaskan Native
American
Indian or
Alaskan Native
AND Black or
African
American
Native
Hawaiian or
Other Pacific
Islander
Balance of
individuals
reporting more
than one race
Comments:
________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ _______________________________________________________________________________________________________.
Docusign Envelope ID: 1592FAAA-8354-8FEE-8100-70E18817A947