COMMUNITY ACTION PARTNERSHIP OF KERN
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AGREEMENT NO.
AGREEMENT WITH COMMUNITY ACTION PARTNERSHIP OF KERN (CAPK) FOR
HOMELESS HOUSING ASSISTANCE FOR
PREDEVELOPMENT COSTS OF RAMKABIR MOTEL
This AGREEMENT is made and entered into on _________ __________, by and between the CITY OF BAKERSFIELD , a California charter city and municipal corporation ("CITY") and COMMUNITY ACTION PARTNERSHIP OF KERN, a non-profit, public-benefit corporation authorized to do business in California (“SUBRECIPIENT”).
R E C I T A L S
WHEREAS, on April 24, 2024, C ITY purchased Ramkabir Motel at 901 Union Ave., Bakersfield, CA 93305 (“Property”), in accordance with California Government Code Section 37350; and
WHEREAS, it is CITY’s intention to convert Property to a Permanent Supportive Housing (“PSH”) for people experiencing or at -risk of homelessness (“Project”); and
WHEREAS, the State of California (“State”) has granted Homeless Housing Assistance and Prevention Round 4 (“HHAP-4”) funds to CITY; and
WHEREAS, CITY has set aside $1,147,656 in HHAP -4 funds for the development of Project; and
WHEREAS, on March 26, 2025, CITY and S UBRECIPIENT entered into Agreement No. 2025-048 not to exceed $500,000 in HHAP-4 funds for the Project, which has since expired and funds fully expended; and
WHEREAS, CITY now desires to grant the remaining set aside amount in HHAP-4 funding for the Project to SUBRECIPIENT; and
WHEREAS, SUBRECIPIENT represents that SUBRECIPIENT is experienced and well qualified in the field of ho melessness services and wishes to rehabilitate the Property to convert it to PSH.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and SUBRECIPIENT mutually agree as follows:
1. HHAP-4 FUNDING TERMS. SUBRECIPIENT and its subcontractors shall abide by all terms of the HHAP-4 State of California Standard Agreement s, in Exhibit “A” and conform to the “time frame” as set forth in Exhibit “B” both of which are attached hereto and incorporated by reference herein.
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2. SCOPE OF WORK. The Scope of Work consists primarily of predevelopment activities and initial development activities (“Scope of Work”) for this Project as set forth in Exhibit “B”.
3. COMPENSATION. It is expressly agreed and understood that the total amount to be reimbursed to SUBRECIPIENT by CITY under this Agreement shall NOT EXCEED SIX HUNDRED FORTY-SEVEN THOUSAND, SIX HUNDRED FIFTY-SIX DOLLARS ($ 647,656) in HHAP -4 funding. This shall be the total compensation under this Agreement including, but not limited to, all out - of-pocket costs and taxes. Such grant monies shall only be used to pay for costs related to Project as set forth in Exhibit “B” and in accordance with this Agreement.
4. DISBURSEMENT OF FUNDS. CITY shall not be obligated to disburse, or pay to, SUBRECIPIENT or any third -party, any funds until and after CITY receives all HHAP-4 allocations from the state government. If CITY does not receive such funds, CITY, at its option, may terminate or suspend th is Agreement without any liability to SUBRECIPIENT or its subrecipients until CITY receives such funds. SUBRECIPIENT shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if SUBRECIPIENT or any third-party has detrimentally relied upon this Agreement.
5. ELIGIBLE CLAIMS FOR PAYMENT . CITY agrees to reimburse SUBRECIPIENT within thirty (30) days after CITY receives an eligible claim for payment as set forth herein, and a properly designated SUBRECIPIENT official certifies the claim. SUBRECIPIENT shall also describe the basis for computation: cost per hour, cost per weight, cost per task, or other measurement as CITY may specify. CITY may review the claim for completeness and accuracy and may refuse to pay any claim until explained to CITY's satisfaction.
6. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on September 31, 2027.
7. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten (10) days before the termination is effective.
8. ACCOUNTING RECORDS. SUBRECIPIENT shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at SUBRECIPIENT's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
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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. AUDITS AND INSPECTIONS . All SUBRECIPIENT records with respect to any matters covered by this Agreement shall be made available to CITY, its designee or the Federal Government, at any time during normal business hours, as often as CITY deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by SUBRECIPIENT within thirty (30) days of receipt. Failure of SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. SUBRECIPIENT hereby agrees to have an annual audit conducted at CITY’s request.
11. 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.
12. CLOSE-OUT. SUBRECIPIENT’s obligation to CITY shall not end until all close - out requirements are completed. Activities during this close-out period shall include, but are not limited to, making final payments, disposing of program assets (including the return of all unused materials , equipment, unspent cash advances, program income balances, and accounts receivable to CITY), and determining the custodianship of records.
13. COMPLIANCE WITH ALL LAWS . SUBRECIPIENT shall, at SUBRECIPIENT’s sole cost, comply with all of the requirements of municipal, state, and federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all municipal ordinances and state and federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
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13.1. DRUG FREE WORKPLACE CERTIFICATION . By signing this Agreement, SUBRECIPIENT, and its subcontractors, hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Government Code 8350 et seq.) Drug free workplace certification form is attached hereto as Exhibit “C” and incorporated by reference herein.
13.2. FEDERAL LAWS. SUBRECIPIENT shall obey the Act, any amendments, Federal regulations and guidelines now or hereafter enacted pursuant now or hereafter in effect, and CITY's regulations now or hereafter enacted to facilitate administration applicable to the Project. SUBRECIPIENT shall become familiar with the appropriate statutes, regulations, and guidelines governing the Project.
13.3. LOCAL APPROVALS. SUBRECIPIENT shall abide by all municipal codes and CITY regulations that apply to this Agreement and SUBRECIPIENT performing the work. If appropriate, permits must be obtained from CITY, including, but not limited to, the Building, Planning and/or Public Works Department s for all work requiring permits. Reimbursement payments will not be processed until all code or permit compliance has been completed by SUBRECIPIENT and approved by CITY.
13.4. NONDISCRIMINATION. During the performance of this Agreement, SUBRECIPIENT and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave.
SUBRECIPIENT and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. SUBRECIPIENT or subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, section 7285 et seq.). T he applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
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13.5. PREVAILING WAGE . SUBRECIPIENT shall pay prevailing wages to all workers employed on public works projects, as defined by California Labor Code. Upon request by CITY, when required per the California Labor Code, SUBRECIPIENT must submit to CITY proof of California Department of Industrial Regulations (“ DIR”) registration of the Project.
14. 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.
15. 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.
16. ENTITLEMENT TO DESIGN PRODUCTS . In the event CITY is not awarded a Homekey+ grant, CITY will retain rights to all development designs created and paid for by HHAP-4 funds.
17. EQUIPMENT. SUBRECIPIENT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
18. 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.
19. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
20. 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.
21. INDEMNITY. SUBRECIPIENT 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 a ny kind whatsoever, arising out of, connected with, or caused by SUBRECIPIENT or Docusign Envelope ID: BE368F9F-112A-85C8-82CB-15DE0F8A0D85
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SUBRECIPIENT’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
22. INDEPENDENT CONTRACTOR . This Agreement calls for SUBRECIPIENT’s performance of the Scope of Work as an independent contractor.
SUBRECIPIENT is not an agent or employee of CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with SUBRECIPIENT other than that of an independent contractor.
23. INSURANCE.
23.1. TYPES AND LIMITS OF INSURANCE . In addition to any other insurance or security required under this Agreement, SUBRECIPIENT must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
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.
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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 payment of compensation to his employees. Pursuant to Labor Code Section 1861,
SUBRECIPIENT must submit to CITY the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self -insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, SUBRECIPIENT is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
23.2. GENERAL PROVISIONS APPLYING TO ALL INSURANCE TYPES.
23.2.1. All policies required of SUBRECIPIENT must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
SUBRECIPIENT may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self -insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
23.2.2. All policies required of SUBRECIPIENT must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of SUBRECIPIENT’s insurance and must not contribute with it.
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23.2.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s 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 approved by CITY in
writing.
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 the SUBRECIPIENT is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.
23.2.6. It is further understood and agreed by SUBRECIPIENT that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
SUBRECIPIENT in connection with this Agreement.
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 SUBRECIPIENT, 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, SUBRECIPIENT shall name all key personnel to be assigned to the work set forth herein. CITY reserves the right to approve key personnel, which approval shall not be unreasonably withheld. Once the key personnel are approved SUBRECIPIENT shall not change such personnel without the approval of CITY.
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26. 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 hereto.
27. 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.
28. 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 as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
SUBRECIPIENT: COMMUNITY ACTION
PARTNERSHIP OF KERN
1300 18th STREET, SUITE 200
BAKERSFIELD, CA 93301
29. RECORDS TO BE MAINTAINED. If Homekey+ grant is awarded SUBRECIPIENT shall maintain all records required by the State regulations specified in “Exhibit A” and “Exhibit B” that are pertinent to the activities to be funded under this Agreement. Such records include, but are not limited to:
29.1. RETENTION. SUBRECIPIENT shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the expiration of this Agreement. 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.
29.2 CLIENT DATA. SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided. Such information shall include, but not be limited to, client name, address, income level, or other basis for determining eligibility, and description of service provided.
Such information shall be submitted to CITY or its designees for review on a quarterly basis using a form approved by CITY.
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29.3 PROGRESS REPORTING . SUBRECIPIENT will report progress on predevelopment activities monthly beginning September 1, 2026 , and ending September 31, 2027, or when funds are fully expended, whichever occurs first.
29.4 PROPERTY RECORDS . SUBRECIPIENT shall accept title to and be responsible for the maintenance and operation of the improvements made under this Agreement. SUBRECIPIENT shall maintain real property inventory records which clearly identify properties purchased, improved or sold.
30. REPORTING REQUIREMENTS. If Homekey+ grant is awarded SUBRECIPIENT will collect, evaluate and enter data into the H omeless Management Information System (“H MIS”). The data will be entered into a local HMIS using HUD’s standards for participation. The data, which includes the numbers served and amount of funding used per client, must be entered into the system and provided to CITY on a quarterly basis beginning November 15, 202 6, with an initial performance report, and quarterly reports thereafter on February 15, 2027, May 15, 2027, and August 15, 2027, etc., or until funding is fully expended.
31. RESOURCE ALLOCATION. CITY shall not be obligated to disburse or pay SUBRECIPIENT any funds until and after CITY receives funds from the appropriate governmental source(s). If CITY does not receive such funds, CITY, at its option, may terminate or suspend this Agreement without any liability to SUBRECIPIENT until CITY receives such funds. SUBRECIPIENT shall not be entitled to any damages from CITY if CITY refuses to disburse funds until CITY receives funds, even if SUBRECIPIENT has detrimentally relied upon this Agreement.
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 pe rformance 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, provided 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 DIR.
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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 SUBRECIPIENT’s profession in California.
34. TAX NUMBERS.
SUBRECIPIENT's Federal Tax ID Number: __95-2402760__
"SUBRECIPIENT " is a corporation? Yes __X___ No _____ (Please check one.)
35. THIRD-PARTY CLAIMS. In the case of public works contracts, CITY will timely notify SUBRECIPIENT of third -party claims relating to this Agreement. CITY shall be allowed to recover from SUBRECIPIENT, and SUBRECIPIENT shall pay on demand, all costs of notification.
36. TITLE TO DOCUMENTS . All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by SUBRECIPIENT pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above.
“CITY” “SUBRECIPIENT”
CITY OF BAKERSFIELD COMMUNITY ACTION
PARTNERSHIP OF KERN
By: _______________________________ By: _______________________________
KAREN GOH JEREMY TOBIAS
Mayor Chief Executive Officer
APPROVED AS TO CONTENT:
DEVELOPMENT SERVICES DEPARTMENT
By: _____________________________
PHILLIP BURNS
Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney: _____________________________ Finance Director: _____________________________
VIRGINIA GENNARO RANDY MCKEEGAN
Insurance:____________
Attachments: Exhibit “A”
Exhibit “B”
Exhibit “C”
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Exhibit “A”
HHAP-4 Standard Agreement
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Exhibit “B”
SCOPE OF WORK
Purpose of Project:
The purpose of this project is to complete predevelopment activities for rehabilitation and conversion of Ramkabir Motel into Permanent Supportive Housing for people experiencing or at-risk of homelessness.
Description:
SUBRECIPIENT will complete predevelopment activities for this Project as the CITY’s co-applicant on the Homekey+ grant application. If awarded, the project will include renovation and conversion of the existing 37-room Ramkabir Motel located at 901 Union Avenue, Bakersfield, CA 93305 to approximately 30 Permanent Supportive Housing (PSH) units, a community space, and offices for supportive services. This Project will serve approximately 30 households who are experiencing or at-risk of homelessness and who face behavioral health challenges. A portion of the units will be set aside for veterans.
Eligible Expenses:
Eligible costs include but are not limited to:
• Architectural Services- Comprehensive architectural plans (floor plans, elevations, sections), Accessibility and building code compliance, Occupancy change considerations and documentation, construction document development and submission to City Building Department, assist with contractor bidding process and selection, provide construction oversight through Certificate of Occupancy.
• Interior Design- Selection of interior finishes and fixtures. Furniture layout and selection
• Specification Writing- Detailed construction specification documents • Renderings- Creation of visual representations for proposed design • Structural Engineer- Review existing structural components, fire damage and design any retrofit applications.
• Plumbing Engineering- System layout and design, fixture specifications, water, drainage, sewer, and gas piping design.
• Mechanical Engineering- heating, ventilation, and air conditioning (HVAC)- HVAC design, equipment sizing, ventilation, and ductwork • Electrical Engineering- Lighting plans, power distribution, emergency and security systems
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• Fire alarm system design
• Landscape Architecture: Outdoor space planning, landscaping, irrigation, parking, fencing, and outdoor amenities
• Preliminary construction activities
Timeframe:
All funds granted to SUBRECIPIENT shall be fully expended within the term of the Agreement.
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Exhibit “C”
DRUG FREE WORKPLACE CERTIFICATION
The undersigned certifies, to the best of his or her knowledge and belief, that:
SUBRECIPIENT, representing the facility known as Community Action Partnership of Kern located at 1300 18th STREET SUITE 200, Bakersfield, CA 93301, 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 re quired 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 title, to every grant officer or o ther 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:
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(a)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended: or
(b)Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforceme nt, 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).
______________________________________________________________________________ Name: Title:
Community Action Partnership of Kern
Dated: _________________
Docusign Envelope ID: BE368F9F-112A-85C8-82CB-15DE0F8A0D85 Jeremy Tobias
CEO