HomeMy WebLinkAboutKMC Strategic Solutions, LLC - Agreement - 3-30-2023VUJIlJ.II CIIVCIVFIC IU. 4:JC4V U:JU-VOJC-4J4:J-P11+/10-L4r Jf"/-1VUL"Jf I
TRANSFORMATIVE CLIMATE COMMUNITIES SUBRECEPIENT AGREEMENT
BETWEEN THE CITY OF FRESNO AND KMC STRATEGIC SOLUTIONS, LLC
The City of Fresno, a California municipal corporation (Grantee or City) and KMc Strategic
Solutions, LLC, (Partner) enter into this TRANSFORMATIVE CLIMATE COMMUNITIES
(TCC)
SUBRECIPIENT AGREEMENT (Agreement) effective the 30th day of
2023, regarding the Transform Fresno Community Engagement
Plan Data and Reporting component.
WHEREAS, the Strategic Growth Council (SGC) awarded grant funds to the City
through an Implementation Grant Agreement (Grant Agreement) for the Transform
Fresno Plan;
WHEREAS, the TCC Transform Fresno Plan subject to the Grant Agreement and
this Agreement were approved by SGC on January 29, 20 1 8;
WHEREAS, Partner's Project is included in the TCC Transform Fresno Plan; and
WHEREAS, pursuant to the terms of the Grant Agreement entered into on April 3,
2019, executed Grant Agreement amendments, and TCC Program Guidelines, the SGC
will grant to City, a sum not to exceed Sixty -Six Million Five Hundred Thousand dollars
($66,500,000) for the Transform Fresno Plan;
WHEREAS, SGC's contractual relationship is with the City, and not any of the
City's Partners; and
WHEREAS, City has agreed to implement the entirety of the Budget and Schedule
of Deliverables for the Transform Fresno Plan, and when applicable subrecipient
agreements with a Partner for each Project, upon evidence of completion of
environmental review pursuant to the requirements of the California Environmental
Quality Act (CEQA); and
WHEREAS, the City's obligation to pay its Partners and Subcontractors is an
independent obligation from 'r;GC's obligation to pay City; and
WHEREAS, pursuant to the terms of the Grant Agreement, TCC Program
Guidelines, and this Agreement, the City will reimburse Partner, a sum not to exceed
SEVENTY-TWO THOUSAND FOUR HUNDRED EIGHT DOLLARS ($72,408);
WHEREAS, this Agreement shall memorialize Partner's terms, conditions and
obligations relating to the SGC's award of grant funds to the City for Community
Engagement Activities;
Now therefore, in consideration of the mutual covenants, terms and conditions set
forth herein, the Parties agree that all funds awarded pursuant to this Agreement are to
be used as set forth below in this exhibit, and as may be set forth in the remaining exhibits
incorporated into this Agreement.
1. DEFINITIONS.
AGREEMENT
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A. "AHSC" — The Affordable Housing and Sustainable Communities
Program
B. "Application" —Project application for funding, encompassing
materials submitted during both application stages: Concept
Proposal and Full Application
C. "CARB Funding Guidelines" — The 2018 Funding Guidelines for
Agencies that Administer California Climate Investments adopted by
CARB to guide implementation of California Climate Investment
programs
D. "Grant Agreement"— Refers to the Grant Agreement between SGC
and the City of Fresno.
E. "TCC Guidelines" — TCC Program Guidelines adopted on August 23
2017, and amendments adopted on October 23, 2017
F. "AHSC Guidelines" — The 2016/2017 AHSC Final Guidelines
adopted July 17, 2017, and amended August 14, 2017, and October
23, 2017
G. "Project Area" — Area boundary for the Project, as identified in Exhibit
S12
H. "TCC MOU" — Memorandum of Understanding to be signed between
Grantee and its Partners
I. "TCC Program" — The Transformative Climate Communities Program
J. "Projects" — Projects that will be implemented through this
Agreement
K. TCC Plan Components:" — Components included in the Transform
Fresno Plan, as described in Exhibit S1:
i. "CCI Projects" — Projects that will be implemented with TCC
grant funds through this Grant Agreement, and that are
compliant with the California Climate Investment project types
listed in Appendix D of the TCC Guidelines. These project
types have approved GHG quantification methodologies.
ii. "Non-CCI Projects" — Projects that will be implemented with
leverage funding and subject to this Grant Agreement.
iii. "Transformative Plans" — Term encompassing all four
transformative plans: Displacement Avoidance, Community
Engagement, Workforce Development, and Indicator
Tracking.
L. Time Periods within the Grant Term:
i. Project Completion Period
a) Applies to all Projects Components, with the exception
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of Indicator Tracking.
b) Up to five (5) years from the date that the Parties have
signed the Grant Agreement, unless otherwise
amended. All Project Components, with the exception
of Indicator Tracking, must be completed during the
Project Completion Period.
ii. Performance Period
a) May apply to CCI Projects only
b) Begins immediately after each CCI Project is
completed, if applicable
c) Length of the Performance Period will vary for each
applicable CCI Project and will be used to complete
any additional required Indicator Tracking
requirements.
d) Will extend no longer than March 31, 2026.
M. Entities involved in the grant implementation process:
i. "CARB" — California Air Resources Board
ii. "Evaluation Technical Assistance" — Team hired by SGC to
refine Grantee's Indicator Tracking Plans and assess the
impact and benefits of the TCC Program
iii. "Grantee" — Entity responsible for leading the implementation
of the Projects; identified as Lead Applicant in the Application
iv. "Lead Entity" — Entity leading the implementation of a
component of the Projects; must be Grantee or a Partner
V. "OPR" — Office of Planning and Research
vi. "Parties" — City and Partner, collectively
vii. "Partner" — Entity supporting the implementation of the
Projects and identified as Co -applicant in the Application
viii. "SGC" — The Strategic Growth Council, but for the purposes
of this agreement may be used interchangeably with the term
State.
ix. "State" — State is the State of California and its officers,
offices, employees, agents, servants, and volunteers,
including but not limited to SGC and any state agency with an
oversight role over the funding or the Projects.
X. "Subcontractors" — Third -parties hired by Partner
A. "Technical Assistance Staff' —Technical Assistance Staff with
City reimbursed via a grant agreement with the Department of
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Conservation. Technical Assistance staff will work with
Grantee during implementation of the Project
2. INCORPORATION. The TCC and AHSC Guidelines and all the
attachments are hereby incorporated by reference into this Agreement as
though fully set forth herein. As described in the TCC Guidelines, AHSC
Project Components must conform to requirements of the AHSC
Guidelines.
Partner understands this is a subrecipient agreement governed by the Grant
Agreement, TCC Guidelines, and the SGC. Partner agrees to hold the City
harmless in action arising out of TCC Program administration.
3. GRANT TERM. The grant term will commence on the date the Parties have
signed the Agreement. City will notify Partner when work may begin. The
grant term ends March 31, 2026, unless otherwise terminated or amended.
Partner's obligations under this Agreement shall be deemed discharged
only once all terms of this Agreement are fulfilled. Partner will be subject to
the Project Completion and Project Performance Periods as defined under
this Agreement.
4. SCOPE OF WORK. Partner will be responsible for administering the
Project in a manner satisfactory to City and consistent with any standards
required as a condition of provided Grant Funds. Partner shall perform as
set forth in Exhibit S1 attached hereto and incorporated by reference herein
and make a part hereof.
Partner shall administer the Project for the term of this Agreement. When
applicable and except as set forth in this Agreement, before Partner begins
construction or undertakes any other work of improvements on the Property,
Partner at its own cost and expense, will independently secure all land use
and other entitlements, permits, and approvals that City or any other
governmental agency with jurisdiction over the Project requires for
construction of the Project.
Partner will diligently complete the Projects according to the Budget and
Schedule of Deliverables as set forth in Exhibit S1, or by any other date as
the parties, and SGC, may agree. City will monitor the performance of
Partners against goals and performance standards as stated above.
Substandard performance, including Partner's inability or failure to perform
or complete the Projects in accordance with the Schedule of Deliverables,
as determined by City or SGC will constitute noncompliance with this
Agreement. If action to correct such substandard performance is not taken
by Partner within a reasonable amount of time, as determined by City or
SGC, after being notified by City, termination procedures may be initiated.
5. AUTHORIZED SIGNATORIES.
At the time of execution, Partner will submit the Authorized Signatory Form
that identifies the individual who is authorized to sign this Agreement and
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Projects deliverables and related documents on behalf of Partner. Partner
shall also provide verification of signature authority through a Board
Resolution or other documentation acceptable to the City. Partner must
also identify day-to-day contact by submitting the Designated Project
Representative Form.
If the Authorized Signatory or Authorized Designee is unable to sign a
deliverable or related document on behalf of Partner, Partner must submit
an updated letter signed by the Authorized Signatory designating another
individual to sign in their place.
Partner must keep Authorized Signatory letters up to date and submit
changes through email to the City at the subsequent bimonthly reporting
due date. Authorized Signatory letters will be kept on file with the City for up
to four years after the Performance Period.
6. SUBCONTRACTORS. City's contractual relationship is with Partner and
not any of Partner's Subcontractors, as defined by this Agreement and the
TCC MOU. City's obligation to pay Partner is an independent obligation
from Partner's obligation to pay Subcontractors.
A. Partner must abide by the TCC MOU. This includes abiding by the
processes defined within the TCC MOU, including, but not limited to
the legal and financial considerations, transparent decision -making
processes, meeting facilitation procedures, and processes for
involving community representatives in decision -making.
B. Partner is entitled to make use of its own staff and Subcontractors,
as identified in the TCC MOU and the Budget and Schedule of
Deliverables and will comply with its own competitive bidding and
sole sourcing requirements for subcontracts that arise out of or in
connection with this Agreement.
C. Partner must manage, monitor, and accept responsibility for the
performance of its own staff and Subcontractors, and conduct project
activities and services consistent with professional standards for the
industry and type of work being performed under this Agreement.
D. Partner must notify City if Partner or Subcontractors are revoked,
disbarred, suspended, proposed for disbarment, declared ineligible,
or voluntarily excluded from the Projects.
Nothing contained in this Agreement will create any contractual relationship
between City and Subcontractors, and no subcontract will relieve Partner of
its responsibilities and obligations under the terms of this Agreement.
Partner agrees to be fully responsible to City for the acts and omissions of
Partner and Subcontractors, and of persons either directly or indirectly
employed by them.
7. AMENDMENTS AND MODIFICATIONS. City may, in its discretion, amend
this Agreement to conform with federal, state, or local governmental
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guidelines, policies, and available funding Agreements, or for other
reasons. If such amendments result in the change in the funding, scope of
services, or schedule of the activities to be undertaken as part of the
Agreement, such modifications will be incorporated only by written
amendment signed by both City and Partner. Any additional modification
or amendment of the terms of this Agreement will be made in writing. No
oral understanding or agreement not incorporated in the Agreement as a
fully executed amendment is binding on any of the Parties.
Any request by Partner for a modification or amendment must explain the
purpose of the request, how the request is consistent with the Guidelines
and intent of the TCC Program, and the effect of not approving the request.
All requests must include supporting documentation to validate the request.
Requests to increase the overall grant amount or to significantly alter the
deliverables of the TCC program will not be approved because of the
competitive nature of the process that resulted in the award of the grant to
the City.
A. Process for Modification and Amendment Requests:
Deadlines for Requests:
a) Partner's modification requests must be submitted in
writing to City at least 45 calendar days prior to when
the modification will take effect. Modifications to Exhibit
S1: Budget and Schedule of Deliverables may be
made no more often than bimonthly.
b) Amendment requests must be submitted in writing to
City at least 75 calendar days prior to when the
amendment will take effect. New amendment requests
will not be considered less than four months prior to the
end of the Project Completion Period.
ii. City shall submit modification and amendment requests to
SGC wherein SGC will make a determination (i.e. approval or
denial) about the request based on a timeline set forth in the
Grant Agreement. SGC's response may include additional
questions or notify the parties that additional time is required
iii. Effective Date of Modification or Amendment:
a) If SGC approves the modification request in writing,
the modification may take effect immediately after City
notifies Partner.
b) If SGC approves the amendment request, City will
notify Partner and provide SGC's amendment to this
Agreement. Amendment requests will take effect on
the date the amendment is executed by all parties.
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c) If SGC rejects the request in writing, City will
coordinate with Partner to file a Dispute as set forth
herein.
B. Types of allowable Modifications and Amendments:
Changes to the contractual parties:
a) Modification: changes to Partner's Authorized
Signatories
b) Amendment: changes to Partners or terms in the TCC
MOU or Agreement
ii. Changes to the Budget and Schedule of Deliverables of any
CCI Project and/or Transformative Plan:
a) Modification: changes to the descriptions of tasks in
the Budget and Schedule of Deliverables (i.e. details
regarding methods used to achieve deliverables).
b) Amendment: changes to deliverables in the Budget
and Schedule of Deliverables
iii. Reallocation of funds within the Budget and Schedule of
Deliverables for a CCI Project and/or Transformative Plan:
a) Modification: less than 10 percent of funds moved
between tasks
b) Amendment: more than 10 percent of funds moved
between tasks
iv. Changes to timelines
a) Modification: changes to deliverable due dates
b) Amendment: changes to a Project Completion
Deadline. Due to the availability of funding, under no
circumstances may the amended Project Completion
Period extend beyond March 31, 2026.
8. CONDITIONS FOR BEGINNING WORK. For CCI Projects, Partner shall
achieve readiness prior to beginning reimbursable work. Partner shall
demonstrate readiness in accordance with Appendix D of the Guidelines
and the Readiness Workbook submitted with the TCC Application, and
when applicable, demonstrate site control of project sites.
All CCI Projects must achieve readiness within the first year of the grant
term or will be deemed infeasible and ineligible for reimbursement, unless
SGC gives written approval to extend the timeline to meet the readiness
requirements.
For projects with allowable pre -construction costs that can be spent prior to
achieving readiness, the Partner shall meet readiness requirements for the
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construction phase of projects prior to beginning reimbursable construction
work.
For the Low Carbon Transportation: Car Sharing and Mobility project type,
all project sites must be identified and meet readiness requirements prior to
beginning reimbursable work.
For projects with multiple project sites that will be secured during the Project
Completion Period, the following readiness requirements will apply:
A. Partner does not need to demonstrate site control and compliance
on all project sites prior to beginning reimbursable work but shall
achieve all other readiness requirements in accordance with
Appendix D of the Guidelines and the Readiness Workbook
submitted with the Application prior to beginning reimbursable work.
B. Partner shall have site control and compliance on a project site from
the appropriate governing agency or private property owner prior to
beginning work on a project site.
C. Partner shall demonstrate site control and compliance with all
applicable laws in order for reimbursement for the work on a project
site.
SGC has sole discretion to determine when the Partner demonstrates
readiness for each CCI Project and may only begin reimbursable work for
each CCI Project under this Agreement upon written notice from SGC.
The Transformative Plans will be finalized during the first quarter of the
grant term. No reimbursement will be approved for plan implementation until
SGC or City approve the revised plans and Partners may only begin
reimbursable work upon written notice from SGC or the City.
9. REPORTING REQUIREMENTS.
A. Partner's General Reporting Requirements:
i. All reports must be completed using templates attached to this
Agreement or as otherwise provided by the City.
ii. The first reporting period will begin on the start date of the
Grant Agreement.
iii. All reports must be submitted to the City on the due date
specified in the Reporting Schedule. When the report
submission due date falls on a weekend or state -recognized
holiday, reports will be due on the first business day that
follows.
iv. All reports must be signed by the Authorized Signatory or
Designee on file.
V. SGC and the City may request to verify reports through
methods that include, but are not limited to: supporting
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documentation, site visits, conference calls or video
conferencing.
vi. Partner's failure to timely meet the reporting requirements
may result in a delay in reimbursement.
B. Bimonthly Progress Reports:
i. Partner must complete Bimonthly Progress Reports (Exhibit
S6) using the template attached to the Agreement.
ii. Partner must complete Bimonthly Progress Reports for the
duration of the Project Completion Period.
iii. Bimonthly Progress Reports must correspond with the Budget
and Schedule of Deliverables described in the Agreement as
well as the tasks outlined in the annual Detailed Work Plan
and Budget for each CCI Project, Non-CCI Project, and
Transformative Plan.
iv. Partner must report on any readiness and compliance
requirements fulfilled during the invoicing period. Partner must
provide supporting documentation, as requested bytheCity.
C. Annual Reports:
The following materials must be submitted on an annual basis for the
duration of the Project Completion Period:
i. Annual Progress Report: Partner must complete Annual
Progress Reports using the template that will be provided by
the City.
ii. Leverage Funding Report: Partner must submit Detailed
Leverage Reporting forms using the template attached to the
Agreement (Exhibit S7).
iii. Detailed Work Plan and Budget: Partner must provide the
annual detailed work plan and budget aligned with the Work
Plan and Budget in the Agreement and submit as a
deliverable.
iv. Equipment Inventory Record: Partner must maintain an
inventory of all equipment acquired with CCI funds.
V. Indicator Tracking Report: Partner must report annually on the
tracked indicators described in the Indicator Tracking Tables
attached to this Agreement (Exhibit S9).
D. Project Completion Reports:
Completion Report: Partner must submit a report at the
completion of each individual CCI project using the template
provided by the City.
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ii. Partner must submit any supporting documentation required
to demonstrate that projects are fully completed.
E. Final Reports:
i. Final Report: Partner must submit a final report at the end of
the Performance Period using the template provided by the
SGC.
ii. Leverage Funding Report: Partner must submit a detailed
summary of the leverage funding spent using the template
provided by the City.
iii. Equipment Inventory Record: Partner must submit an
inventory of all equipment acquired with CCI funds using the
template provided by the City.
F. Annual until end of the performance period and Project Completion
CARB and SGC Indicator Tracking Reports:
i. Partner must revise and update GHG reductions estimates for
the following scenarios:
a) CCI Projects for which there was insufficient
information to estimate GHG emission reductions at
the time of application must estimate the GHG
emission reductions using applicable CARB
quantification methodologies upon meeting the
readiness requirements.
b) CCI Projects that change between the application and
implementation stages in a way that would impact the
estimated GHG emission reduction, must report an
updated estimate.
c) CCI project types with a two-step approach to GHG
emission reduction quantification, generally consumer -
based incentive programs, must estimate GHG
emission reductions again after implementation.
ii. Partner must track the following information for each CCI
Project for the duration of the grant term:
a) Inputs to support calculations of GHG reductions
b) Co -benefit indicators
c) Project outcome information
d) Employment benefits and outcomes
iii. Partner must track and report on all indicators incorporated
into the Indicator Tracking Plan (Exhibit S9) finalized with the
City and SGC and the Evaluation Technical Assistance during
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the Pre -Contract Consultation period until end of the
performance period.
10. PAYMENT PROVISIONS.
A. Partner shall be paid on a reimbursement basis:
i. Partner must invoice City before City submits an invoice to
SGC. TCC funds will be issued to City, which will be
responsible for dispersing payment to Partner. All invoices
must be supported by adequate documentation evidencing
the direct cost for which the Partner seeks reimbursement has
been incurred.
ii. City shall not pay Partner prior to receiving approval for
invoices from SGC.
iii. For CCI Projects, Community Engagement Plan, and
Workforce Development Plan, Partner may only request
reimbursement for eligible costs incurred during the Project
Completion Period. Any work performed prior to the start date
or after the end of the Performance Period will not be
reimbursed.
iv. During the Project Completion Period, Partner may request
reimbursement for Grant Administration costs as well as costs
for Implementing CCI Projects and Transformative Plans.
B. Eligible costs
Partner should refer to the TCC Guidelines including Appendices D,
H, and I for eligible cost requirements. To the extent that the
provisions of this Section may conflict with the TCC Guidelines, this
Section takes precedent.
Direct costs are costs directly tied to the implementation of the
Project. Direct costs may include, but are not limited to:
personnel, supplies, signs, or travel expenses directly tied to
the implementation of the grant. Insurance premiums are only
an eligible cost to the extent that the cost of coverage
increased because of the award or project requirements.
Travel costs: Travel expenses directly related to the
performance of this Agreement will be subject to the State of
California travel reimbursement rates, in effect, during the
term of this Agreement.
a) SGC will reimburse for actual expenditures, based on
equivalent civil service classifications, up to the
maximum state allowable rates in effect at the time of
travel. The state rates are available for review at:
http://www.calhr.ca.gov/employees/pages/travel-
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reimbursements.aspx. Incidental costs and travel costs
outside the State of California will not be reimbursed.
Tips and gratuities will not be reimbursed.
b) Partner shall maintain and submit for reimbursement
for staff working on the project detailed travel records
and supporting documents (e.g., travel request and
approval forms, expense claims, invoices, receipts for
lodging and transportation, etc.) showing the date and
purpose of the grant -related travel, destination and, in
the case of travel by automobile, the number of miles
driven.
iii. Partner shall ensure travel costs are outlined in the Budget
Detail Worksheet (Exhibit S5 1) which should be tied to tasks
and deliverables in the Work Plan (Exhibit S1).
iv. Partner and any person traveling pursuant to this Agreement
shall indemnify and hold harmless the City, Department and
State of California for any liabilities resulting from such travel.
V. CCI Project -specific allowable costs are costs that are only
allowed for certain CCI Projects. These direct costs are
allowed for project implementation, and therefore may not be
subject to the indirect cost restrictions below. These costs
may still be subject to additional restrictions per Appendix ❑
of the Guidelines and will not be reimbursed if incurred for
other CCI Projects:
a) Operational costs are allowed under the following CCI
Projects: Affordable Housing and Sustainable
Communities, Low Carbon Transit Operations
Program, Low Carbon Transportation, Urban
Greening, Urban and Community Forestry, Organics,
and Food Waste Prevention and Rescue.
b) Pre -construction costs (such as design, engineering,
permitting, and environmental assessment) are
allowed under the following CCI Projects: Affordable
Housing and Sustainable Communities, Low -Income
Weatherization Program, Water -Energy Grant
Program, Urban Greening, Urban and Community
Forestry.
vi. Transformative Plan Allowable Costs are costs allowed for the
implementation of the Community Engagement Plan and
Workforce Development Plan:
a) Community engagement and outreach costs must be
directly related to the implementation of the CCI
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Projects included in the Project, per Appendix H of the
Guidelines. Community Engagement costs may
account for no more than 8 % of the total grant award.
b) Workforce development, training, and education
program costs must be for eligible job training
programs per Appendix I of the Guidelines.
vii. Administrative costs are costs directly tied to the
administration of the TCC grant, which include, but are not
limited to: staff salaries and benefits, supplies, Indicator
Tracking costs, and other resources used to administer the
grant. Administration of the grant may include: activities
required for coordinating the Grantee/Partner relationship,
reporting, invoicing, etc. Administrative costs may account for
no more than 10 % of the total grant award.
C. Ineligible costs
i. Indirect costs are not eligible for reimbursement with TCC
funds. Indirect costs are defined as expenses of doing
business that are of a general nature and are incurred to
benefit at least two or more functions within an organization.
These costs are not directly tied to the grant but are necessary
for the general operation of the organization. Examples of
indirect costs may include, but are not limited to: salaries and
benefits of employees not directly assigned to a project, but
providing general support services such as personnel,
business services, information technology, janitorial, and
overhead such as rent, utilities, supplies, etc.
Under no circumstances will Partner seek reimbursement, nor be
reimbursed or paid, for any cost that has been, or will be, paid
through another funding source. Grant funds cannot finance any
activities designed to supplant rather than supplement existing local
agency activities or activities with pre-existing designated funding.
This cost supplantation prohibition does not apply to interim financing
for housing loans.
ii. Partner must not seek reimbursement for any interest
accumulated in order to finance the project.
iii. Partner will not use or allow the use of any portion of the
Project, including real property, for mitigation without the prior
written permission of SGC. Any practices that are required as
mitigation or other mandated activities of any kind may not be
financed by this grant program.
D. All costs must be reasonable, as defined below:
A cost is reasonable if, in its nature and amount, it does not
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exceed that which would be incurred by a prudent person
under the circumstances prevailing at the time the decision
was made to incur the cost. In determining reasonableness of
a given cost, consideration must be given to:
a) Whether the cost is of a type generally recognized as
ordinary and necessary for the operation of the entity
or the proper and efficient performance of this
Agreement.
b) The restraints or requirements imposed by such factors
as: sound business practices; arm's-length bargaining;
federal, state, local, tribal, and other laws and
regulations; and terms and conditions of this
Agreement.
c) Market prices for comparable goods or services for the
geographic area.
d) Whether the individuals concerned acted with
prudence in the circumstances considering their
responsibilities to its employees, the public at large,
and the state.
e) Whether the cost significantly deviates from the
acquiring entity's established practices and policies
regarding the incurrence of costs.
ii. SGC has the ultimate discretion to determine if a cost is
reasonable. Any costs that do not meet the requirements
above may not be reimbursed by the SGC. If necessary, City
will coordinate with Partner to file a Dispute to contest SGC's
determination.
E. Retention
5% of total requested amount for each CCI Project will be
withheld with exception of Grant Administration costs,
Community Engagement Plan, and Workforce Development
Plan invoices, until SGC determines the requirements of that
project have been fulfilled.
11. BIMONTHLY INVOICING. During the Project Completion Period, Partner
will submit one email with the invoice package to the City on the Report Due
Date listed in the Project Completion Period Reporting Schedule.
During the Performance Period, Partner will submit one email with the
invoice package to the City on the Report Due Date listed in the CARB
Indicator Reporting Schedule.
A. Invoice Package - An invoice, supporting documentation, and the
appropriate reporting materials are collectively referred to as the
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"invoice package."
Invoice — Partner must use the invoice templates provided in
this Agreement.
a) Expenses should be broken out at the task level.
b) Expenses under each task should be broken out by
cost type.
c) Indicator Tracking costs, travel, and equipment should
be clearly identified.
ii. Supporting documentation — Partner must submit supporting
documentation for all itemized costs. Documentation may
include, but is not limited to: copies of purchase orders,
receipts, subcontractor invoices, and timesheets. These items
must contain sufficient information to establish that the
specific service was rendered or purchase was made. Original
supporting documentation is not required and should be
retained by Partner.
a) Supporting documentation should be clearly labeled by
task.
b) Supporting documentation does not need to be
provided for administrative costs. However, Partner
must maintain records of administrative costs to be
made available upon request from the City or SGC.
c) Records documenting time spent performing the work
must identify the individual, the date on which the work
was performed, the specific grant -related activities or
objectives to which the individual's time was devoted,
the hourly rate, and the amount of time spent.
iii. Report(s) — Partner must submit the appropriate reporting
materials described in Reporting Requirements, Section 9.
B. Partner must submit the invoice package electronically by email only
to the City. The invoice must be signed by the Authorized Signatory
or Designee. By submitting the invoice package to the City, Partner
certifies that all costs are eligible for reimbursement, that all work has
been completed in accordance with the Grant requirements and that
the invoice total reflects actual costs incurred.
SGC has the discretion to determine the sufficiency of work
completed and completeness of an invoice package.
If SGC determines an invoice package is complete and
sufficient, SGC will notify City and approve the invoice. City
will issue one check to Partner after the invoice is approved
by SGC. Partner is responsible for dispersing payment to any
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Subcontractors.
C. Invoice packages that do not meet the Grant requirements or terms
of this Agreement, are incomplete, or have inaccuracies, will be
returned to Partner for resubmittal within fifteen working days with an
explanation of why it was not approved.
i. SGC may authorize partial payment of an invoice package
and require Partner to resubmit the remaining portions in
order to fix any inaccuracies or incomplete information.
ii. Partner must resubmit the amended invoice package (either
partial or full) in the same manner as the original invoice within
5 working days after receiving the notification while
addressing the identified concerns.
D. If it is determined that Partner submitted false or materially
inaccurate invoices, supporting document or components of the
Application, any and all available remedies, including requesting
reimbursement of already disbursed payments or termination of the
Agreement may be imposed.
E. Partner's final invoice for a CCI Project, when applicable, should
include a request for reimbursement of the retention withheld
throughout the Project Completion Period.
12. LEVERAGE FUNDING.
A. Partner will report on the leverage funding expended in the Bimonthly
Progress Report and Annual Detailed Leverage Reporting form.
Partner must retain supporting documentation of leverage funding
that will be made available to the City or SGC upon request.
B. Leverage funding must be spent within the Project Area and for the
purposes of the Project.
C. Partner may report on the expenditure of leverage funding starting
January 29, 2018, through the end of the Performance Period.
D. If leverage funding sources change during the grant term, Partner
will notify the City at the subsequent bimonthly reporting due date.
Changes in leverage funding sources that impact the Budget
and Schedule of Deliverables may require an amendment to
the Agreement.
ii. Changes in leverage funding sources that impact the 50
percent eligibility requirement in the Guidelines and
Application may require a remedy to be determined between
City, Partner and SGC.
13. NON-CCI PROJECTS.
A. Non-CCI projects must be completed by the end of the Performance
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Period and within the Project Area.
B. Partner must integrate Non-CCI projects into the Detailed Work Plan
and Budget, to be finalized within the first quarter of the grant term
and updated on an annual basis.
14. WORK OUTSIDE THE PROJECT AREA. SGC and the City disclaim any
representations, express or implied, that any work outside the Project Area
that was not approved as part of the Application is or will be funded by the
TCC Program. Partner waives any claims against the City or SGC related
to such work.
15. REPAYMENT OF FUNDS. If grant funds are not expended, or have not
been expended in accordance with the Grant requirements or this
Agreement; or if real or personal property acquired with grant funds is not
being used, or has not been used for purposes in accordance with the Grant
requirements or this Agreement; SGC has the sole discretion to take
appropriate action, at law or in equity, including but not limited to:
A. Requiring Partner to forfeit any unexpended portion of the grant
funds, including but not limited to any retention withheld from
invoices;
B. Requiring Partner to repay any funds improperly expended.
16. AVAILABILITY OF FUNDS. Sufficient funds for this Agreement have been
made available by the Budget Act of 2016 (AB 1613). However, this
Agreement is subject to any restriction, limitation, or condition enacted by
the Legislature, which may affect the provisions, terms, or funding of this
contract in any manner.
If funding for any fiscal year is reduced or deleted by any Budget Act for
purposes of this program, SGC will have the option to either cancel this
Agreement with no liability occurring to SGC or the City, or offer an
amendment to this Agreement to reflect the reduced amount.
17. REVENUE. All revenue generated as a part of any CCI Project or
Transformative Plan must be used to further the Project to the extent
reasonably possible.
18. MONITORING AND OVERSIGHT. Partner agrees that the City or SGC or
its designated representative have the right to visit the project sites
pertaining to any Project described in this Agreement. Project sites may
include any public or participating private properties.
A. Once the Agreement is executed, the City may request a regularly
occurring monthly phone call or in -person meeting with Partner's
Grant Manager to discuss the Project. Partner must work with the
City to accommodate monitoring requests.
B. The City or SGC retains the right to conduct site visits with the
following minimum frequency:
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i. Two times during the first two years of the grant term
ii. One time a year during the remaining years of the grant term
C. At the City or SGC's discretion, site visits may occur more frequently.
D. Partner agrees that the City, or the SGC or designated
representative has the right to conduct a final inspection of
completed CCI Projects, as determined by SGC. For construction
projects, this may require certification by the appropriate registered
professional (such as California Registered Civil Engineer or
Geologist) that the project has been completed in accordance with
final plans and specifications and any modifications. Partner must
notify the City of the inspection date at least ten working days prior
to the inspection in order to provide SGC or City the opportunity to
participate.
19. RECORDKEEPING. Partner must establish an official file for the Project
funded by this Agreement. The file must contain adequate documentation
of all actions taken with respect to the Project, including copies of the
Agreement, amendments and modifications, letters and email
correspondences, financial records (including agreements and any
associated documents with Subcontractors), required reports, and
readiness and compliance documentation. The City and SGC reserve the
right to audit Partner and all Subcontractor records for this project, as stated
below.
A. Partner must establish a separate ledger account for receipts and
expenditures of grant funds and maintain expenditure details in
accordance with the attached Budget and Schedule of Deliverables.
Separate bank accounts are not required. Partner must maintain
financial records of expenditures incurred during the Project in
accordance with generally accepted accounting principles, including
leverage funding that may be required.
B. When applicable, Partner must maintain documentation of its normal
procurement policy and competitive bid process (including the use of
sole source purchasing).
C. Subcontractors paid with moneys under the terms of this Agreement
must maintain all records as specified. Partner maintains
responsibility for ensuring that Subcontractors comply with the
requirements above.
20. INDEMNIFICATION. To the furthest extent allowed by law, PARTNER shall
indemnify, hold harmless and defend STATE, CITY and each of their officers,
officials, employees, agents, servants and volunteers from any and all loss,
liability, fines, penalties, forfeitures, costs and damages (whether in contract,
tort or strict liability, including but not limited to personal injury, death at any
time and property damage), and from any and all claims, demands and
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actions in law or equity (including reasonable attorney's fees and litigation
expenses) that arise out of, pertain to, or relate to the negligence,
recklessness or willful misconduct of PARTNER, its principals, officers,
employees, agents or volunteers in the performance of this Agreement.
If PARTNER should subcontract all or any portion of the services to be
performed under this Agreement, PARTNER shall require each subcontractor
to indemnify, hold harmless and defend STATE, CITY and each of their
officers, officials, employees, agents, servants and volunteers in accordance
with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
21. INDEPENDENT CONTRACTOR. In furnishing the services provided for
herein, Partner is acting solely as an independent contractor. Neither
Partner, nor any of its officers, agents, or employees shall be deemed an
officer, agent, employee, joint venturer, partner or associate of City for any
purpose. City shall have no right to control or supervise or direct the manner
or method by which Partner shall perform its work and functions. However,
City shall retain the right to administer this Agreement so as to verify that
Partner is performing its obligations in accordance with the terms and
conditions thereof.
This Agreement does not evidence a partnership or joint venture between
Partner and City. Partner shall have no authority to bind City absent City's
express written consent. Except to the extent otherwise provided in this
Agreement, Partner shall bear its own costs and expenses in pursuit
thereof.
Because of its status as an independent contractor, Partner and its officers,
agents and employees shall have absolutely no right to employment rights
and benefits available to City's employees. Partner shall be solely liable
and responsible for all payroll and tax withholding and for providing to, or
on behalf of, its employees all employee benefits including, without
limitation, health, welfare and retirement benefits. in addition, together with
its other obligations under this agreement, Partner shall be solely
responsible, indemnify, defend and save City harmless from all matters
relating to employment and tax withholding for and payment of Partner's
employees, including, without limitation, (i) compliance with Social Security
and unemployment insurance withholding, payment of workers
compensation benefits, and all other laws and regulations governing
matters of employee withholding, taxes and payment; and (ii) any claim of
right or interest in City employment benefits, entitlements, programs and/or
funds offered employees of City whether arising by reason of any common
law, de facto, leased, or co- employee rights or other theory. It is
acknowledged that during the term of this Agreement, Partner may be
providing services to others unrelated to City or to this Agreement.
22. INSURANCE. Partner must ensure the insurance policies set forth in
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Exhibit S2 are obtained and kept in force through the Project Completion
Period for each project, with no lapses in coverage, that cover any acts or
omissions of State, City, Partner, Subcontractors, or employees engaged in
carrying out any tasks specified in this Agreement.
(a) Throughout the life of this Agreement, the Partner shall pay for and
maintain in full force and effect all insurance as required in Exhibit S2, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by the
City's Risk Manager or designee at any time and in his/her sole discretion.
The required policies of insurance as stated in Exhibit S2 shall maintain
limits of liability of not less than those amounts stated therein. However,
the insurance limits available to State, City and each of their officers,
officials, employees, agents, and volunteers as additional insureds, shall be
the greater of the minimum limits specified therein or the full limit of any
insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension,
Partner or any of its subcontractors/sub-consultants fail to maintain any
required insurance in full force and effect, City may issue a Stop Work
Order, until resolved, as described below, and all services and work under
this Agreement shall be discontinued immediately, and all payments due or
that become due to the Partner shall be withheld until notice is received by
the City that the required insurance has been restored to full force and effect
and that the premiums therefore have been paid for a period satisfactory to
the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City
pursuant to this section shall in any way relieve Partner of its responsibilities
under this Agreement. The phrase "fail to maintain any required insurance"
shall include, without limitation, notification received by the City that an
insurer has commenced proceedings, or has had proceedings commenced
against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Partner shall not be deemed
to release or diminish the liability of Partner, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to
indemnify the State and City shall apply to all claims and liability regardless
of whether any insurance policies are applicable. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by
Partner. Approval or purchase of any insurance contracts or policies shall
in no way relieve from liability nor limit the liability of Partner, its principals,
officers, agents, employees, persons under the supervision of Partner,
vendors, suppliers, invitees, consultants, sub -consultants, subcontractors,
or anyone employed directly or indirectly by any of them.
(d) If Partner should subcontract all or any portion of the services to be
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performed under this Agreement, Partner shall require each subcontractor
to provide insurance protection, as an additional insured, to the State, City
and each of their officers, officials, employees, agents, and volunteers in
accordance with the terms of this section, except that any required
certificates and applicable endorsements shall be on file with Partner and
the City prior to the commencement of any services by the subcontractor.
Partner and any subcontractor shall establish additional insured status for
the State, City and each of their officers, officials, employees, agents, and
volunteers.
23. CALIFORNIA PUBLIC RECORDS ACT. Partner agrees that all data, plans,
drawings, specifications, reports, computer programs, operating manuals,
notes and other written or graphic work produced in the performance of this
Agreement will be in the public domain to the extent to which release of such
materials is required under the California Public Records Act (Cal. Gov't
Code § 6250 et seq.). Partner may disclose, disseminate and use in whole
or in part, any final form data and information received, collected and
developed under this Agreement, subject to appropriate acknowledgement
of credit to the SGC for financial support as described in Section 41,
Publicity. Partner must not utilize the materials for any profit -making venture
or sell or grant rights to a third party who intends to do so. The City and SGC
have the right to use any data described in this paragraph for any public
purpose.
24. AUDIT AND RECORD RETENTION. Partner must ensure adequate
protection for all records, physical and electronic, from loss, damage, or
destruction for possible audit(s). Partner agrees that the City, SGC or
designated representative will have the right during normal business hours
to review and to copy any records and supporting documentation pertaining
to the performance of this Agreement and interview any employees who
might reasonably have information related to such records.
A. Partner and Subcontractors must maintain copies of project records
four years after the Performance Period, unless a longer period of
records retention is stipulated.
B. The City and SGC retain the right to conduct an audit each year
during the grant term and up to four years after the Performance
Period.
C. If required by the SGC, the City may require recovery of payment
from Partner to, issue a Stop Work Order or terminate the
Agreement, as warranted, based on an audit finding, or any other
remedies available in law orequity.
25. COMPLIANCE. Partner must fully comply with all applicable federal, state
and local laws, ordinances, regulations, plans, and design standards.
Partner must secure any new permits or licenses required by authorities
having jurisdiction over the Project Area, and maintain all presently required
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permits. Partner shall coordinate with the City to ensure that any applicable
requirements of the California Environmental Quality Act are met in order to
carry out the terms of this Agreement. Partner must promptly provide
evidence of such compliance if requested by the City or the SGC.
Additionally, Partner certifies that it currently is not and will not become:
A. In violation of any order or resolution subject to review promulgated
by CARB or an air pollution control district;
B. Subject to a cease and desist order subject to review issued pursuant
to Section 13301 of the California Water Code for violation of waste
discharge requirements or discharge prohibitions; or
C. Determined to be in violation of provisions of federal law relating to
air or water pollution.
Partner must ensure Subcontractors comply with all terms in this section with
respect to the Project.
26. PREVAILING WAGE AND LABOR COMPLIANCE. Partner certifies that it
will comply with all prevailing wage requirements under California law,
pursuant to Section 1720 et seq. of the California Labor Code. The
California Labor Code requires payment of locally prevailing wages to
workers and laborers on state government contracts in excess of $1,000 for
public works projects. A "public work" is the construction, alteration,
demolition, installation, repair or maintenance work done under contract
and paid for in whole or in part out of public funds. The definition applies to
private contracts when certain conditions exist. Partner can identify
additional stipulations and exceptions under Cal. Labor Code § 1720 et seq.
A. Partner must ensure the following on "public work" activities under
this Agreement:
i. Prevailing wages are paid;
ii. The project budget for labor reflects these prevailing wage
requirements; and
iii. The project complies with all other requirements of prevailing
wage law including but not limited to keeping accurate payroll
records and complying with all working hour requirements and
apprenticeship obligations.
B. Partner must ensure that its Subcontractors, if any, also comply with
prevailing wage requirements. Partner must ensure that all
agreements with its Subcontractors to perform work related to the
Project contain the above terms regarding payment of prevailing
wages on public works projects.
C. The Department of Industrial Relations (DIR) is the primary resource
for consultation on the requirements of California prevailing wage
law.
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i. Partner can identify the rates for prevailing wage on the DIR
website at http://www.dir.ca.gov. Partner may contact DIR for
a list of covered trades and the applicable prevailing wage.
ii. If Partner is unsure whether the Project or individual projects
receiving this award is a "public work" as defined in the
California Labor Code, it may wish to seek a timely
determination from the DIR or an appropriate court.
iii. If Partner has questions about this contractual requirement,
recordkeeping, apprenticeship or other significant
requirements of California prevailing wage law, it is
recommended Partner consult DIR and/or a qualified labor
attorney before accepting this grantaward.
27. AMERICANS WITH DISABILITIES ACT. Partner certifies that itself, and its
Subcontractors comply with the Americans with Disabilities Act (ADA) of
1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines pursuant to the ADA (42 U.S.C. 12101
et seq.).
28. DRUG -FREE WORKPLACE CERTIFICATION. Partner certifies that it will
provide a drug -free workplace to employees of Partner and Subcontractors
by taking the following actions:
A. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled
substance is prohibited in the organization's workplace and
specifying the actions that will be taken against employees for
violations of the prohibition.
B. Establish a drug -free awareness program to inform employees
about:
i. the dangers of drug abuse in the workplace;
ii. the organization's policy of maintaining a drug -free workplace;
iii. any available counseling, rehabilitation and employee
assistance programs; and,
iv. penalties that may be imposed upon employees for drug
abuse violations.
C. Every employee who works on the Agreement must:
i. receive a copy of the company's drug -free workplace policy
statement; and,
ii. agree to abide by the terms of the company's statement as a
condition of employment on the Agreement.
29. CHILD SUPPORT COMPLIANCE ACT. Partner recognizes the importance
of child and family support obligations and must fully comply with all
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applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and
compliance with earnings assignment orders, as provided in Family Code
Section 5200 et seq.; and
Partner, to the best of its knowledge, 'is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California
Employment Development Department.
30. SELF -DEALING AND ARM'S LENGTH TRANSACTIONS. All expenditures
for which reimbursement pursuant to this Agreement is sought must be the
result of arm's-length transactions and not the result of, or motivated by,
self -dealing on the part of Partner or any employee or agent of Partner.
31, COMPUTER SOFTWARE. Partner must ensure that the appropriate
systems and controls are in place so that funds under this Agreement will
not be used for the acquisition, operation, or maintenance of computer
software in violation of copyright laws.
32. PERSONALLY IDENTIFIABLE INFORMATION. Information or data,
including but not limited to all records and supporting documentation that
personally identifies an individual or individuals is confidential in accordance
with California Civil Code Sections 1798, et seq. and other relevant state or
federal statutes and regulations. Partner must ensure that all such
information or data that comes into possession under this Agreement is
appropriately safeguarded in perpetuity, and must not release or publish
any such information, data, or records.
33. OWNERSHIP.
A. Deliverables:
i. Partner hereby grants to the City and the SGC a royalty -free,
nonexclusive, transferable, world-wide license to reproduce,
translate, and distribute copies of any and all materials it
produces pursuant to this Agreement, for nonprofit, non-
commercial purposes, and to have or permit others to do so
on the City or SGC's behalf.
B. Equipment:
For any equipment purchased or built with funds that are
reimbursable as a direct cost of the Project, Partner must be
the sole owner on title. During the Project Completion Period,
equipment must be dedicated to the described use in the
same proportion and scope as in the Agreement, unless SGC
agrees otherwise in writing. On completion or early
termination of the Agreement, the equipment may be returned
or authorized for the continued use of such equipment at the
Project Area. In making that determination, the useful life of
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the equipment will be considered. Partner may be required to
refund the fair market value of equipment that continues to
have a usable life but is no longer required for project
implementation.
ii. Partner will assume all risk including cost for maintenance,
repair, loss, destruction and damage to all equipment until
disposition of equipment. SGC may, at its discretion, repair
any damage or replace any lost or stolen items and deduct
the cost from Partner's invoice, or require Partner to repair or
replace any damaged, lost, or stolen equipment to the
satisfaction of SGC with no expense to the SGC or City. In the
event of theft, a report must be filed immediately with the
California Highway Patrol (State Administrative Manual §
8643 [Lost, Stolen, or Destroyed Property]).
iii. Partner must maintain an inventory record for each piece of
non -expendable equipment purchased or built with funds
provided under this Agreement. The inventory record should
include, but is not limited to:
a) Grant Number
b) Description of Equipment
c) Manufacturer Name
d) Model (if applicable)
e) Model Year (for vehicles only)
f) Serial Number, License Number or Vehicle
Identification Number
g) Date Purchased
h) Purchase Order Number
i) Original Cost
Non -expendable equipment so inventoried are equipment
items that have a normal life expectancy of one year or more
with an approximate unit price of $5,000 or more. In addition,
items of equipment that are prone to theft, loss, and misuse
and may contain sensitive data (e.g., computers, printers,
smartphones, tablets, cameras, GPS devices, etc.) costing
less than $5,000 must be inventoried.
iv. Partner must use all equipment acquired only to provide
service in the Project Area as it relates to this Agreement.
V. The Equipment Inventory Record must be updated annually
and upon request. See Reporting section for more
information.
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C. Vehicles:
Partner must be the sole owner of all vehicles acquired as part
of CCI Project, including but not limited to, bicycles, cars,
buses, vans, rail passenger equipment. During the Project
Completion Period, vehicles must be dedicated to the
described use in the same proportion and scope as was in the
Agreement, unless SGC agrees otherwise in writing.
Vehicles acquired must be maintained in a state of good repair
and dedicated to that public transportation use for their full
useful life, which, for the purpose of this Agreement, will be
determined in accordance with standard State of California
and national transit practices and applicable rules and
guidelines, including any extensions of that life cycle
achievable by reconstruction, rehabilitation or enhancements.
If the ownership or use of vehicles change to a use not in
accordance with the Agreement, Partner may be required to
reimburse the City for the fair marketvalue.
D. Infrastructure:
i. Partner must ensure all necessary rights of way, property
ownership, or leases have been secured prior to construction.
Purchases of all real property required for the CCI Project
must be free and clear of liens, conflicting easements,
obstructions, and encumbrances. Any property acquisition by
Partner must not involve eminent domain proceedings or
threat of eminent domain proceedings. Partner must record
deed restrictions on Project property, as applicable.
ii. Partner or an appropriate public agency, as applicable, must
be the sole owner of all rights of way, real and personal
property, improvements and infrastructure funded under this
Agreement. The foregoing sentence notwithstanding,
dispersed improvements such as those made under the Low -
Income Weatherization Program may be made on private real
property. Each site acquired or improved upon with funding
provided under this Agreement must remain permanently
dedicated to the described use in the same proportion and
scope as was in the Agreement, unless SGC agrees
otherwise in writing. If the ownership or use of the property
changes to a use not in accordance with the Agreement,
Partner may be required to provide reimbursement.
iii. Partner is obligated to continue operation and maintenance of
the physical aspects of the CCI Project in accordance with the
described use in the same proportion and scope as in the
Agreement, unless SGC agrees otherwise in writing. Partner
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may be excused from its obligations for operation and
maintenance of the Project site only upon written approval
from SGC. The CCI Project and its facilities must be
maintained, supervised, and inspected by adequate and well -
trained staff and/or professionals and technicians as the
project reasonably requires.
E. Debt Security:
i. Partner will not use or allow the use of any portion of real
property purchased solely with Project funds as security for
any debt. This debt financing prohibition is not applicable to
the AHSC Project Component.
34. NON-PERFORMANCE. SGC has sole discretion to determine if Partner is
performing in accordance with this Agreement. Non-performance may be
determined for an individual CCI Project, Transformative Plan, or the entire
Transform Fresno Plan. Non-performance issues can include but are not
limited to: misuse of funding for ineligible expenses, inability to meet
performance requirements or schedule milestones, failure to complete or
failure to make a good faith effort to complete the Project as a whole or any
Project components, and/or failure to comply with the terms of this
Agreement.
A. The City will notify Partner in writing if non-performance is
determined, and will provide instructions and a timeline to rectify all
cases of non-performance.
B. Partner must respond to a determination of non-performance within
15 calendar days by either a) acting on corrective actions, or b)
disputing the findings in writing.
C. SGC, without waiver of other rights or remedies, may require Partner
to re -perform any actions not in accordance with this Agreement.
SGC may withhold any payments due to Partner until the individual
project or Project is brought back into full compliance. Costs and
expenses for these actions will be borne by the applicable Partner.
D. If Partner fails to correct any non-performance to SGC's satisfaction,
SGC may elect to terminate the entire Grant Agreement or any part
thereof. Partner may be liable for immediate repayment to SGC of all
amounts disbursed by SGC for the individual CCI Project,
Transformative Plan as applicable and only if non -performing. SGC
may, at its sole discretion, examine the extent of Partner compliance
for work partially completed and determine costs eligible for
reimbursement. This paragraph will not be deemed to limit any other
remedies available to SGC or City.
E. Upon termination by SGC, Partner must deliver all invoices, reports,
and other deliverables required by this Agreement up to the time of
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termination. Partner must deliver all materials within 30 calendar days
of the termination date.
35. DISPUTES. SGC has sole discretion to determine if an invoice, report,
deliverable, or other supporting documentation is sufficient and complete,
per the Agreement, TCC or AHSC Guidelines, CARB Funding Guidelines,
and/or any other statutory requirement. All dispute, resolution, and appeal
statements must be signed by the appropriate Authorized Signatory or
Designee. City, Partner, and relevant parties must attempt to negotiate a
resolution before submitting a dispute.
A. Partner will be notified in writing if any materials are determined to
be insufficient or incomplete within five working days of receiving the
materials.
Partner must respond in writing within five working days with
either a) materials requested by the City or SGC, or b) a
written statement disputing the City or SGC's findings. The
dispute statement must contain a concise description of the
dispute, along with any supporting documentation.
B. SGC will present a dispute resolution after receiving the dispute
statement.
Partner has fifteen working days to appeal a dispute
resolution. The appeal statement must contain a concise
description of the appeal, along with any supporting
documentation.
C. SGC will respond to the appeal statement after receiving dispute
resolution appeal statement.
i. If Partner wants to further appeal a dispute resolution after
undergoing both the dispute and appeal process, City will
coordinate with Partner to submit a further appeal statement
to the Government Claims Program at the Department of
General Services, the final administrative forum for resolution
of the dispute.
ii. During a dispute, Partner and any subcontractors must
observe any Stop Work Orders put into effect until the dispute
is resolved.
36. STOP WORK ORDER. SGC has the right to issue a Stop Work Order for
a Project, Transformative Plan, or the entire Transform Fresno Plan and
suspend payments. SGC reserves the right to issue a Stop Work Order if
there is a breach in the leverage funding commitments that put components
of the Transform Fresno Plan at risk of not being completed.
A. Immediately upon receiving a Stop Work Order written notice,
Partner must cease all work under the Project.
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SGC may require remedial steps from Partner.
Project may be terminated by means of an amendment.
B. Any costs incurred after the issuance of a Stop Work Order will not
be reimbursed. Costs and expenses for these actions will be borne
by Partner. Work may resume only upon written notification from the
City that the Stop Work Order has ended or until the Project is
terminated.
If Partner issues a Stop Work Order to any Subcontractors, Partner must
notify the City within ten working days of issuing the order.
37. TERMINATION FOR CONVENIENCE. The City or SGC has the right to
terminate this Agreement prior to the end of the grant term upon 30 calendar
days of written notice. The written notice must specify the reason for early
termination and may permit SGC or City to rectify any deficiency(ies) prior
to the termination date.
A. Conditions of early termination:
i. Upon any termination, Partner must deliver all invoices,
reports, and other deliverables required by this Agreement up
to the time of termination. Partner must deliver all materials
within 60 calendar days of the termination date. Upon receipt
of notice of Termination for Convenience, Partner shall
immediately take action to ensure neither it nor any
subcontractor incur any additional obligations, costs or
expenses, except as may be reasonably necessary to
terminate its activities.
ii. SGC will examine the extent of Partner compliance for work
partially completed and reasonably determine costs eligible
for reimbursement based on final invoices submitted and
compliance with scope.
The rights and remedies of the SGC and City provided in this Section
shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
38, HEALTH IMPACTS. If the SGC has a reasonable concern about the public
health impact of a Project Component, the SGC may require Partner to
further study and mitigate the impact as directed by the SGC.
Notwithstanding Section 10 of this Agreement, Partner may request any
required study and mitigation to be considered an eligible cost for
reimbursement based on the fiscal inability of the entity required to perform
the directed work.
39. RECYCLED CONTENTS PRODUCTS. Partner must certify in writing
under penalty of perjury, the minimum, if not exact, percentage of post -
consumer material as defined in the Public Contract Code Section 12200,
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in products, materials, goods, or supplies offered or sold to the State
regardless of whether the product meets the requirements of Public
Contract Code Section 12209. With respect to printer or duplication
cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision must specify that the cartridges so
comply (Pub. Contract Code § 12205).
40. ENVIRONMENTAL JUSTICE. In the performance of this Agreement,
Partner must conduct its programs, policies, and activities that substantially
affect human health or the environment in a manner that ensures the fair
treatment of people of all races, cultures, and income levels, including
minority populations and low-income populations of California.
41. PUBLICITY. Partner agrees to adhere to the TCC Press Kit provided by
SGC.
A. Branding: Partner is required to use the SGC and CCI names and/or
logos for all publications, websites, signage, invitations, and other
media -related and public -outreach products related to the TCC
grant. All such materials must include the following standard
language about the TCC Program and the California Climate
Investments:
Grantees may at times produce promotional materials that are primarily
visual in nature, such as banners, signage, certain flyers, and sharable
images for social media. In such cases, when including the boilerplate
language acknowledging CCI and SGC support is not practical,
grantees should instead include the official logos of both SGC and CCI,
preceded by the words "Funded by."
Any informational materials that include at least a paragraph of text
should include the CCI language below. Please contact the TCC
team with questions.
Long version: [Project Name] is supported by California Strategic
Growth Council's Transformative Climate Communities program with
funds from California Climate Investments, a statewide initiative that
puts billions of Cap -and -Trade dollars to work reducing greenhouse
gas emissions, strengthening the economy, and improving public
health and the environment — particularly in disadvantaged
communities.
Short version: [Project Name] is supported by California Strategic
Growth Council's Transformative Climate Communities program with
funds from California Climate Investments —Cap -and -Trade Dollars at
Work.
B. Media: Partner must provide to City the name, phone number, and
email address of Partner's point of contact for all press inquiries and
communications needs related to the Project. Partner is encouraged
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to distribute a press release for major milestones throughout the
lifecycle of the grant. All press releases must be approved by the City
prior to distribution and City must be alerted and invited to participate
in any and all press conferences related to the grant.
C. Signs: Partner shall place, or cause to be placed, signs on project
construction sites stating that SGC is providing financing through the
TCC Program in an appropriate location(s), typeface and size
containing the following message:
TRANSFORM FRESNO
THIS PROJECT HAS BEEN MADE POSSIBLE BY FINANCING FROM
CALIFORNIA CLIMATE INVESTMENTS
FUNDED THROUGH THE GREENHOUSE GAS REDUCTION FUND
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
THROUGH THE STRATEGIC GROWTH COUNCIL
The sign shall be maintained in a prominent location visible and legible to
the public. If the job sign includes the acknowledgment and/or logo of one
or more other public lenders, the SGC acknowledgment and logo shall also
be displayed in a similar size and layout. Copies of the SGC and Program
logos can be obtained by contacting the City.
Project types such as vehicles, equipment, and consumer -based incentives
are also encouraged to identify the funding source by using a decal, sticker,
or other signage that includes the California Climate Investments logo.
For projects with permanent infrastructure (e.g., AHSC, parks, transit
stations, mobility hubs, EV charging stations, community gardens, bike
lanes, pedestrian improvements), signage should be on durable materials
for the life of the project. For projects with multiple sites or dispersed
throughout the project area, such as the Low -Income Weatherization
Program, or Urban and Community Forestry, signage must be posted on
10% of sites for the duration of the grant term. Signage should be of "lawn
sign" quality for these disbursed sites.
Upon installation of the sign(s), Partner shall submit a digital photograph
thereof to City to verify compliance with these signage requirements.
D. Social media: Partner is encouraged to use social media to share the
process of creating a TCC proposal and to inform the public of all
stages of implementation. @CaISGC and @CAClimatelnvest should
be tagged on all posts related to the TCC grant. Use of the hashtags
#TCC and #CommunityLedTransformation is also encouraged.
42. RELOCATION. If a project is subject to State Relocation Law and a
relocation plan is required by State Relocation Law (Gov. Code, § 7260 et
seq.) and Section 6038 of the Relocation Assistance and Real Property
Guidelines (25 Cal. Code of Regulations, div. 1, ch. 6, § 6000 et seq.) for
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the Project Area, Partner must provide a copy of the relocation plan.
43. UNION ORGANIZING. By signing this Agreement, Partner hereby
acknowledges the applicability of Government Code Sections 16645,
16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby
certifies that:
A. No grant funds disbursed by this Agreement will be used to assist,
promote, or deter union organizing by employees performing work
under this Agreement.
B. If Partner makes expenditures to assist, promote, or deter union
organizing, Partner must maintain records sufficient to show that no
state funds were used for those expenditures, and that Partner must
provide those records to the Attorney General upon request.
44. NOTICES. Notices required by this Agreement shall be in writing and
delivered via mail (postage prepaid), commercial courier, or personal
delivery or sent by facsimile or other electronic means. Any notice delivered
or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless
otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to
the following contract representatives:
GRANTEE PARTNER
City of Fresno KMc Strategic Solutions,
Attn: Courtney Espinoza, Grants LLC Attn: Kelli McIntyre,
Management Unit Principal
2600 Fresno Street, Finance Dept 5011 Newhall Street
Fresno, CA 93721 Philadelphia, PA 19144
45. ASSIGNMENT. This Agreement is not assignable by Partner, either in
whole or in part, without the consent of SGC in the form of a formal written
amendment of this Agreement.
46. ATTORNEY FEES. If either party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant or condition of this
Agreement, the prevailing party will be entitled to recover from the other
party its reasonable attorney's fees and legal expenses.
47. BINDING ON ALL SUCCESSORS AND ASSIGNS. Unless otherwise
expressly provided in this Agreement, all the terms and provisions of this
Agreement shall be binding on and inure to the benefit of the parties hereto,
and their respective nominees, heirs, successors, assigns, and legal
representatives.
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48. COUNTERPARTS. This Agreement may be executed in counterparts,
each of which when executed and delivered will be deemed an original, and
all of which together will constitute one instrument. The execution of this
Agreement by any party hereto will not become effective until counterparts
hereof have been executed by all parties hereto.
49. CUMULATIVE REMEDIES. No remedy or election hereunder shall be
deemed exclusive but shall, wherever possible, be cumulative with all other
remedies at law or in equity. All powers and remedies given by this
Agreement shall be cumulative and in addition to those otherwise provided
by law.
50. DOCUMENT SUBMISSION. All correspondence and documents must be
submitted through e-mail and contain the Project number and Partner's
name in the subject line.
51. EFFECTIVE DATE. This Agreement shall be effective upon the parties'
complete execution following City Council approval.
52. ENTIRE AGREEMENT. This Agreement represents the entire and
integrated agreement of the parties with respect to the subject matter
hereof. This Agreement supersedes all prior negotiations, representations,
or agreements, either written or oral. This Agreement may be modified or
amended only by written instrument duly authorized and executed by the
parties.
53. EXHIBITS. Each exhibit and attachment referenced in this Agreement is,
by the reference, incorporated into and made a part of this Agreement.
54. EXPENSES INCURRED UPON EVENT OF DEFAULT. Partner shall
reimburse City for all reasonable expenses and costs of collection and
enforcement, including reasonable attorney's fees, incurred by City as a
result of one or more Events of Default by Partner under this Agreement.
55. FORCE MAJEURE. Neither the City, nor Partner will be responsible
hereunder for any delay, default, or nonperformance of this Agreement, to
the extent that such delay, default, or nonperformance is caused by an act
of God, weather, accident, enemy or hostile governmental action, civil
commotion, strikes, lockouts, labor disputes, fire or other casualty, or other
contingencies unforeseen by the SGC, City, Partner, Subcontractors, or
vendors, and beyond the reasonable control of such party.
56. GOVERNING LAW AND VENUE. Except to the extent preempted by
applicable federal law, the laws of the State of California shall govern all
aspects of this Agreement, including execution, interpretation, performance,
and enforcement. Venue for filing any action to enforce or interpret this
Agreement will be Fresno County, California.
57. HEADINGS. The section headings and subheadings contained in this
Agreement are included for convenience only and shall not limit or
otherwise affect the terms of this Agreement.
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58, NO THIRD -PARTY BENEFICIARY. The rights, interests, duties, and
obligations defined within this Agreement are intended for the specific
parties hereto as identified in the preamble of this Agreement.
Notwithstanding anything stated to the contrary in this Agreement, it is not
intended that any rights or interests in this Agreement benefit or flow to the
interest of any third parties other than expressly identified herein. No
subcontractor, mechanic, materialman, laborer, vendor, or other person
hired or retained by Partner shall have any rights hereunder and shall look
to Partner as their sole source of recovery if not paid. No third party may
enter any claim or bring any such action against City under any
circumstances. Except as provided by law, or as otherwise agreed to in
writing between City and such person, each such person shall be deemed
to have waived in writing all right to seek redress from City under any
circumstances whatsoever. Partner shall include this paragraph in all
contracts and subcontracts.
59. NON -RELIANCE. Partner hereby acknowledges having obtained such
independent legal or other advice as it has deemed necessary and declares
that in no manner has it relied on City, it agents, employees or attorneys in
entering into this Agreement.
60. PRECEDENCE OF DOCUMENTS. The performance of this Agreement
must be conducted in accordance with the following order of precedence:
the enabling legislation for the TCC Program, Grant Agreement, TCC
Guidelines, AHSC Guidelines and the Agreement.
61. QUALIFIED TO ❑O BUSINESS IN CALIFORNIA. When work under this
Agreement is to be performed by a corporation, the corporation must be in
good standing and currently qualified to do business in the state as defined
in Revenue and Taxation Code Section 23101.
62. SEVERABILITY. If any term, provision, covenant, or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical
to perform taking into consideration the purposes of this Agreement.
63. SURVIVAL. The following Sections survive the termination or expiration of
the Agreement: 5, 17, 18, 19, 20, 21, 22, 23, 24, 32, 33, 55, 56, 58, 62, 63,
65.
64. TIMELINESS. Time is of the essence in this Agreement.
65. WAIVER. Partner waives any and all rights to any type of express or implied
indemnity or right of contribution from the City, officers, agents or
employees, for any liability arising from, growing out of, or in any way
connected with this Agreement. Partner waives all claims and recourses
against the City, including the right to contribution for loss or damage to
persons or property arising from, growing out of or in any way connected
with or incident to this Agreement, except claims arising from the gross
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negligence and intentional misconduct of the City, its officers, agents, and
employees.
Neither failure nor delay on the part of the City in exercising any right under
this Agreement shall operate as a waiver of such right, nor shall any single
or partial exercise of any such right preclude any further exercise thereof or
the exercise of any other right. No waiver of any provision of this Agreement
or consent to any departure by the Partner therefrom shall be effective
unless the same shall be in writing, signed on behalf of the City by a duly
authorized officer thereof, and the same shall be effective only in the
specific instance for which it is given. No notice to or demand on the Partner
in any case shall entitle the Partner to any other or further notices or
demands in similar or other circumstances, or constitute a waiver of any of
the City's right to take other or further action in any circumstances without
notice or demand.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
A Ca ' „ gpicipal corporation
'��^� 3/30/2023
By: �.
Georgeanne A. White,
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City �r'QP'Ye"by:
By: PaYwuuaA& 3/20/2023
Tracy N. Parvanian Date
Supervising Deputy City Attorney
ATTEST:
TODDppSrrT((ERMER, CMC
City t"Y.LSigned by:
By: �ilna q6 3/30/2023
Ti na our Deputy
Addresses:
CITY:
City of Fresno
Attention: Finance/GMU Transform Fresno
Fresno City Hall
2600 Fresno Street,
Fresno, CA 93721
Phone: (559) 621-7008
FAX: (559) 457-1541
KMc gjr,bPolutions, LLC
Name: Kelli McIntyre
Title: Principal
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
PARTNER:
KMc Strategic Solutions,
LLC Attention: Kelli McIntyre
Principal
5011 Newhall Street
Philadelphia, PA 19144
kelliconsults@gmail.com
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EXHIBITS:
1.
Exhibit S1:
Scope of Work, Budget and Schedule of Deliverables
2.
Exhibit S2:
Insurance Requirements
3.
Exhibit S3:
Special Terms and Conditions
4.
Exhibit S5:
Partner Bimonthly Invoice Detail
5.
Exhibit S6:
Partner Bimonthly Progress Report
6.
Exhibit S7:
Detailed Leverage Funding Report
7.
Exhibit S8:
Reporting Schedule
8.
Exhibit S9:
Indicator Tracking Tables
9.
Exhibit S10:
Authorized Signatory Form
10.
Exhibit S11:
Designated Project Representative(s)
11.
Exhibit S12:
TCC Project Area Map
12.
Exhibit S13:
Annual Progress Report
13.
Exhibit S14:
Annual Equipment Inventory Report
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Exhibit S1: Scope of Work, Budget and Schedule of Deliverables
Statement of Purpose:
This contract will be between KMc Strategic Solutions LLC and the City of Fresno to support
the Transform Fresno project partners through evaluation and reporting on community
engagement goals and progress as outlined in the Transform Fresno Community
Engagement Plan.
The Community Engagement Plan describes methods and efforts that will be used to engage
residents and key stakeholders during implementation of the Transform Fresno grant and
projects in Downtown, Chinatown and Southwest Fresno communities. The City of Fresno and
the Transform Fresno Outreach & Oversight Committee will work closely with Consultants to
engage stakeholders and Community Partners in development and implementation of the plan
over the term of the grant.
Organizational Overview KMc Strategic Solutions:
KMc Strategic Solutions LLC (KMCSS) is a sole -proprietorship, startup consulting firm led by
Kelli McIntyre, MA, MPH (she/her) whose mission is to support and equip emerging and
evolving leaders in creating a healthier, safer and more just society. Kelli specializes in
supporting leaders to create safe and healthy workplaces and communities and practicing new
ways of being and interacting with community to promote health equity.
KMCSS works to co -develop and implement plans, policies, and practices that center and
supply the needs of the people most impacted by oppressive systems and health disparities.
Areas of expertise include:
■ inclusive and equitable community outreach and engagement
• making human connection to build trusting relationships
• health, wellness, and leadership coaching'
• collaboration, convening, and facilitation
• evaluation and reporting
Operating from these beliefs, KMCSS works to build trusting relationships with partners, while
disrupting the white dominant cultural norms that keep us disconnected from ourselves and
each other. By exploring and practicing new ways of being, KMCSS works with partners to co -
create a world where we are all free to have peace, joy, and love.
In addition to a strong values -driven, people -centered approach to engagement work, Kelli
McIntyre has worked to build relationships with Transform Fresno partners and learn about the
engagement work that has happened to date in her previous role with the Thrivance Group. Her
knowledge of the Transform Fresno projects and existing relationships with partners make it
KMc Strategic Solutions, LLC
*Any ideas, communication, strategies, and attachments presented are to be considered confidential and must not be
reproduced, retransmitted, disseminated or implemented without the express written permission of Kelli McIntyre.* 10
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possible to commence and complete the evaluation of community engagement efforts at such a
late stage in the overall project.
Definitions:
Unless specified otherwise, words, phrases, abbreviations and/or acronyms have the
following meanings:
- Fresco EOC - Fresno Economic Opportunities Commission
- KMCSS - KMc Strategic Solutions LLC
- TCC- Transformative Climate Communities Program
SGC - Strategic Growth Council
- UCLA - University of California Los Angeles
Project Details:
Project Overview:
Community engagement partners in the 24 Transform Fresno projects have been charged with
including community in decisions and engaging communities throughout the planning and
implementation stages of their projects. The purpose of this project is to support Transform
Fresno partners in honoring their commitment to community engagement through data
collection and analysis, capacity building, and reporting.
Project Objectives:
Collect, consolidate, and analyze data on community engagement activities from
Transform Fresno partners
o Engage with partners to support collaboration and build capacity for inclusive and
authentic community engagement
s Coordinate with partners at Fresno EOC to launch and update a public facing data
dashboard on Transform Fresno community engagement activities
• Coordinate with evaluation partners at UCLA to support annual reporting
• Report on community engagement activities
Services/ Required Tasks / Deliverables:
The services to be provided by KMc Strategic Solutions will be directed by the required tasks
and deliverables outlined below:
Tasks Subtasks *Deliverables (Frequency/Due Date
1. Project la.Host regular Shared PM notes Ongoing Every 2
Management- Project document months
ensure completion of Management
tasks, timely meetings
submission
UUUVJIIyII CIIVCIVFIC ILJ. 4V C4UUVV-VOJ C-'4JY:1-MlJF10-L4r OrMUVG:Jr I
of deliverables, and
1 b. SGC
*Bimonthly Progress Report
Ongoing Every 2
overall contract
Reporting
months
management
1 c. Scheduling
Schedule of Events
Due April 30, 2023
1d. Billing/ Invoicing
*Bimonthly Invoice
Ongoing Every 2
months
2. Partner
2a. Send regular
*Bimonthly Activities
Ongoing Every 2
Engagement-
electronic
Summary Memo
Months
build relationships,
communications
facilitate information
gathering, and build
2b. Coordinate with
*Bimonthly Activities
As Needed/TBD
capacity for inclusive
Evaluation Partners
Summary Memo
community
UCLA
2c. Coordinate with
*Bimonthly Activities
As needed/TBD
engagement
Fresno EOC to update
Summary Memo
community engagement
website
2d. Participate in Monthly
*Bimonthly Activities
Ongoing Monthly
Summary Memo
Transform Fresno
Community Engagement
meetings
2e. Participate in
*Bimonthly Activities
Ongoing Quarterly
Quarterly
Summary Memo
All -Partner Meetings
2f. Participate in
*Bimonthly Activities
Ongoing Quarterly
Quarterly Community
Summary Memo
Meetings
3. Data Collection
3a. Create and field
:Survey Questions
Due by April 30, 2023
and Management-
community engagement
collection of data
activities survey
from partners on
Engagement Activity
May- September 2023
engagement
Database
3b.1-on-1 interviews with
*Bimonthly Activities
June- September
activities, analysis
of trends,
engagement partners for
Summary Memo
2023
highlights, and
all 22 projects
gaps analysis
3c. 1-3 focus groups to
*Bimonthly Activities
TBD
better understand key
Summary Memo
interview themes
VUVUJIIJ.II CI IVCIUFIC ILl. Y:JCYUL/JV'000C-Y JY:J'/11.F10'LY r:JrMVVLUr I
3d. Document Review and
Engagement Activity
Ongoing through
data analysis from start of
Database
September 30, 2023
project to inform Final
Summary Report
3e. Create and maintain
Engagement Activity
Database
Due b Aril 30,
y p
engagement activity
2023
database
Update every 2
months
*Data Dashboard Report
3f. Provide Data to
Ongoing Every 2
Fresno EOC for Data
months
Dashboard
4. Evaluation and
Reporting- report
4a. (1) Community
*Designed Report on
Community Engagement
Y
Due June 2024
out to the City and
Engagement Summary
activities over the life of the
SGC partners and
Report
project
the public on partner
engagement
activities, fidelity to
engagement goals,
highlights and gaps.
*Only deliverables with a star are documents required to be submitted by the Provider.
e Hours and Location of Work
All work will be performed remotely.
r Staffing Structure
The table below lists the people and/or titles of staff who will be responsible for implementing and
overseeing the services to be rendered under this contract.
Provider shall notify the City immediately regarding any staff changes or vacancies in
connection with this contract. This shall include the name and position of the person(s), and
the date the staff person in question was hired, terminated, promoted, or resigned.
I ict of KMCSS Personnel
Brief description of
Report to
Name
Title
responsibility/tasks
whom?
Project management,
Kelli McIntyre,
Principal
partner engagement,
self
MA, MPH
reporting
Naomi Samake
Subcontractor
Data management
Kelli McIntyre
UUUUJIIJ.II CIIVCIUptC IU.'+VC'#UUJU-VOJC-4J'4:7-M1,F10-G4r:1r/'1VUGJf I
TBD I Subcontractor I Graphic Design I Kelli McIntyre
Program Monitoring and Reporting:
1. Regular progress meetings: The provider agrees to meet bimonthly by phone or
virtually with the City to provide updates on contractual goals and deliverables.
The provider and City will share responsibility for keeping meeting notes.
2. Activities Summary Memo: The provider agrees to submit bimonthly Activities
Summary Memo progress reports to the City as described below.
. Progress on contract tasks
Barriers to implementation
• Engagement Highlights/Successes
• Engagement Gaps and Opportunities
3. Bi-monthly invoices: The provider will provide to the City bimonthly invoices
detailing deliverables and associated costs in alignment with the proposed
billing schedule. Appendix A.
4. Community Engagement Summary Report: The provider agrees to submit (1)
Community Engagement Summary Report.
Deliverables:
1. Project Initiation:
• Project management
• Coordinate with partners at UCLA
■ Coordinate with partners at Fresno EOC
• Create partner survey(s) and protocol
• Create engagement reporting database
• Create partner interview questions and protocol
• Create focus group protocol
• Schedule partner interviews
■ Create Community Engagement Summary Report outline
■ Create Data Dashboard Report outline
■ Create Bimonthly Activities Summary Report template
The City of Fresno will provide:
• Updated contact list for partners that includes:
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➢ Name
➢ Organization
➢ Project Name
D Project Number
➢ E- Mail Address
➢ Telephone Number
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• Documents for Retrospective Review:
➢ all previous annual community engagement reports
D all previous semi- annual community engagement reports
all Bimonthly Progress Reports (from start of project)
D all Project Evaluation Reports from UCLA
• Data Dashboard outline, wireframe, and ux interface from Fresno
EOC
2. Ongoing and Final Project Deliverables:
■ Bimonthly Activities Summary Memo
• Bimonthly SGC Progress Report
• Bimonthly Invoice
• Bimonthly Data Dashboard Report for EOC
• One (1) community engagement summary report
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I
4 fir
Budget and Schedule of Deliverables
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EXHIBIT S2: INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement; PARTNERshall pay for and maintain in full force and effect all insurance as
required herein with an insurance company(ies) either (i) admitted by the California Insurance Commissioner b do business in the State
of California and rated no less than "A-VIII' in the Bests Insurance Rating Guide, or (ii) as may be authorized in wri4ng by CITY'S Risk
Manageror his/her designee at any time and in his/her sole discretion. The required policies of insurance as stated herein shall maintain
limits of liability of not less than those amounts stated therein. However, the insurance limits available to STATE OF CALIFORNIA
(STATE), CITY OF FRESNO (CITY) and each of their officers, officials, employees, agents, servants and volunteers as additional
insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds b the named insured.
(b) If at any time during the It of the Agreement or any extension, PARTNER or any of its subcontractors fail b maintain
any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all
payments due or that become due to PARTNERshall be withheld until notice is received by CITY that the required insurance has been
restored to full force and effect and that the prern iums therefore have been paid for a period satisfactory to CITY. Any failure to maintain
the required insurance shall be sufficient cause br CITY to brminale this Agreement No action taken by CITY pursuant b this section
shall in any way relieve PARTNERof its responsibilities under this Agreement The phrase "fail b maintain any required insurance" shall
include, without limitation, notification received by CITY that an insurer has commenced proceedings, or has had proceedings
commenced against it; indicating that the insurer is insolvent
(c) The fact that insurance is obtained by PARTNERshall not be deemed to release or diminish the liability of PARTNER,
including, without limitation, liability underthe indemnity provisions of this Agreement The duty to indemnity STATE and CITY shall apply
to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by PARTNER. Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of PARTNER, vendors, suppliers, invites, contractors, sub -contractors, consultants, or anyone
employed directly or indirectly by any of them.
Coverage shall be at least as broad as:
The mostcurrent version of Insurance Services Office (ISO) Commercial General Liability Coverage Form CG 00 01,
providing liability coverage arising out of your business operations. The Commercial General Liability policy shall be
written on an occurrence form and shall provide coverage for "bodily injury," "property damage" and "personal and
advertising injury" with coverage for premises and operations (including the use of owned and non -owned equipment),
products and completed operations, and contractual liability (including, without limitation, indemnity obligations under
the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01, providing liability coverage arising out
of the ownership, maintenance or use of automobiles in the courseof your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned, hired, and non -owned automobiles or
other licensed vehicles (Code 1- Any Auto). If personal automobile coverage is used, the CITY, its officers, officials,
employees, agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE
EXHIBIT A
PARTNERshall procure and maintain for the duration of the contract insurance with limits of liability not less than those setbrlh below.
However, insurance limits available b STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers as
additional insureds, shall be the greater of the minimum limn specified herein or the full limit of any insurance proceeds available to the
named insured:
COMMERCIAL GENERAL LIABILITY
@ $1,000,000 per occurrence for bodily injury and property damage;
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(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate br products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed under the Agreement
2. COMMERC IAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and properly damage.
3. Workers'Compensation Insurance as required b the State of California with statuto limits and EMPLOYEWS
LIABILITY with limits of liability not less than:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit
4. PROFESSIONAL LIABILITY (Errors and Omissions):
(i)$1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event PARTNER purchases an Umbrella or Excess insurance policy(ies) b meet the "M inimum Limits of Insurance," this insurance
policy(ies) shall "bllow form" and atbrd no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess
insurance policy(ies) shall also apply on a primary and non-conlributory basis for the benefit of the STATE, CITY and each of their officers,
oficials, employees, agents, servants and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
PARTNER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and PARTNER
shall also be responsible for payment of any seff•insured retentions. Any sefinsured retentions must be declared on the Certificate of
Insurance, and approved by, the CITY'S Risk Manageror his/her designee. At the option of the CITY'S Risk M anageror his/her designee,
either:
(i) The insurer shall reduce or eliminate such sellLinsured retentions as respects STATE, CITY and each of their officers,
oficials, employees, agents, servants and volunteers; or
(ii) PARTNERshall provide a financial guarantee, satisfactory b CITY'S Risk Manageror his/her designee, guaranteeing
payment of losses and related investigations, claim administration and defense expenses. At no time shall STATE or
CITY be responsible for the payment of any deductibles or selfinsured retentions.
OTHER INSURANCE PROVISIONWENDORSEMENTS
W All policies of insurance required herein shall be endorsed b provide that the coverage shall not be cancelled, non -
renewed, reduced in coverage or in limits except after thirty (30) calendar days wrHlen notice has been given b CITY,
except ten (10) days for nonpayment of premium. PARTNER is also responsible for providing written notice b the
CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation,
non -renewal, or reduction in coverage or in limit, PARTNER shall furnish CITY with a new certificate and applicable
endorsements br such policy(ies). In the event any policy is due b expire during the work b be performed for CITY,
PARTNER shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less
than ffeen (15) calendar days prior b the expiration date of the expiring policy.
01) The Commercial General and Aubmobile Liability insurance policies shall be written on an occurrence form.
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(iii) The Commercial General and Automobile Liability insurance policies shall be endorsed to name STATE, CITY and
each of their officers, officials, employees, agents, servants and voluntoers as an additional insured. PARTNERshall
establish additional insured status for the STATE and CITY for all ongoing and completed operations under the
Commercial General policy by use of ISO Forms or an executed manuscript insurance company endorsement providing
additional insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms:
GC 20 10 1185 or both CG 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain, or be endorsed to contain, that the
PARTNERS' insurance shall be primary to and require no contribution from the STATE and CITY. The Commercial
General policy is required to include primary and non contributory coverage in favor of the STATE and CITY for both
the ongoing and completed operations coverage. These coverages shall contain no special limitations on the scope of
protection afforded to STATE, CITY and each of their officers, officials, employees, agents, servants and volunteers.
If PARTNER maintains higher limits of liability than the minimums shown above, STATE and CITY requires and shall
be entitled to coverage for the higher limits of liability maintained by PARTNER.
(v) Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the
available limits by defense costs, then the requirement for the Limits of Liability of these polices will be twice the above
stated limits.
(vi) For any claims related to this Agreement; PARTNER'S insurance coverage shall be primary insurance with respect to
the STATE, CITY and each of their oficers, officials, employees, agents, servants and volunteers. Any insurance or
s6insurance maintained by the STATE, CITY and each of their oficers, officials, employees, agents, servants and
volunteers shall be excess of the PARTNER'S insurance and shall not contribute with it
(vii) The Workers' Compensation insurance policy shall contain, or be endorsed to contain, a waiver of subrogation as to
STATE, CITY and each of their oficers, oficials, employees, agents, servants and volunteers.
(viii) The Commercial General and Automobile Liability insurance policies shall contain, or be endorsed to contain, a waiver
of subrogation as to STATE, CITY and each of their oficers, oficials, employees, agents, servants and volunteers.
PROVIDING OF DOCUMENTS - PARTNERshall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required herein All certificates and applicable endorsements are to be received and approved by the CITY'S
Risk Manager or hisiher designee prior to CITY'S execution of the Agreement and before work conTnences. All non -
ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request
of CITY, PARTNERshall immediately furnish CITY with a complete copyof any insurance policy required under this Agreement;
including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This
requirement shall survive expiration or termination of this Agreement All subcontractors working under the direction of
PARTNERshall also be required to provide all documents noted herein.
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims -made form:
(i) The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of
work by PARTNER,
(ii) Insurance mustbe maintained and evidence of insurance must be provided for at least five (5) years after completion
of the work or termination of the Agreement, whichever first occurs.
(iii) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date
prior to the effective date of the Agreement, or work commencement date, PARTNER must purchase "extended
reporting" period coverage for a minimum of five (5) years after completion of the work or termination of the Agreement;
whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to CITY for review.
(v) These requirements shall survive expiration or termination of the Agreement
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SUBCONTRACTOR -If PARTNERsubcontracts any or all of the services ID be performed under this Agreement PARTNER
shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enIRr inID a separate Side
Agreement with the City to provide required indemnification and insurance protection. Any required Side Agreemen(s) and
associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or
designee. If no Side Agreement is required, PARTNERwill be solely responsible for ensuring that ns subcontractor maintain
insurance coverage at levels no less than those required by applicable law and is customary in the relevant industry.
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EXHIBIT S3: SPECIAL TERMS AND CONDITIONS
PART 1 — Transformative Plans
A. Community Engagement
Partner is required by AB 2722 to ensure meaningful community engagement of the TCC
Project area residents and key stakeholders in all phases of implementation;
Partner will conduct and oversee community engagement for the entirety of the TCC Project;
Partner will report on community engagement related activities; and,
Partner will develop a process to collect and address complaints or concerns related to TCC
Project implementation.
B. Displacement Avoidance
Partner is required by AB 2722 to implement strategies to reduce economic displacement risk
within the TCC Project area;
Partner will pursue strategies during grant implementation that will prevent against the
displacement of existing households in the TCC Project area;
Partner will pursue strategies during grant implementation that will prevent against the
displacement of existing small businesses in the TCC Project area; and
Partner will report on key milestones related to the adoption and implementation of the
displacement avoidance policies annually; and
Partner certifies that no relocation will take place beyond that which was included in submitted
relocation plan.
C. Workforce Development
The TCC Program Guidelines requires goals for workforce training, employment, and local
business expansion for the TCC Project area;
Partner will conduct or oversee workforce development activities for the entirety of the TCC
Project; and, Partner will report on workforce development related activities.
D. Indicator Tracking and Reporting Requirements
Partner is required by AB 2722 to track and monitor greenhouse gas (GHG) reductions, co -
benefits, and outcome indicators;
Partner may be required to re -estimate GHG emission reductions for each California Climate
Investment (CCI) funded project using California Air Resources Board's (CARB) Greenhouse
Gas Quantification Methodology for the Strategic Growth Council Transformative Climate
Communities Program for Fiscal Year 2016-17;
Partner will indicate how each CCI and non-CCI Project satisfies criteria for being located
within and benefitting disadvantaged and low-income communities and/or low-income
households using the criteria specified, per the project type, in the Benefit Criteria Tables
available at www.arb.ca.gov/cci-resources;
Partner will track and report indicators on an annual basis, at the point when the projects
become operational, and at project closeout. Outcome reporting will be required until the end
of the performance period. Reporting templates and Co -Benefit indicators are posted on the
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CARB CCI Quantification, Benefits, and Reporting Materials webpage and CCI Co -benefit
Assessment Methodology webpage, respectively; and,
Partner will be required to share information on project outcomes per CARB requirements
including job benefits. Partner is required to report information on employment outcomes from
awarded projects that provide jobs or job training. The requested data includes information on
the quantity and quality of jobs, including wages and credentials provided through training
programs. This information may be readily available for projects where funding recipients are
already tracking employment data using standardized methods (e.g., certified payroll
systems).
Partner is required to track each indicator specified in the Indicator Tracking Tables (Exhibit
S10), organized by CCI Project and Transformative Plan type. The following terms apply to
Partner's tracking and reporting process.
Purpose: The information reported by Partner will be used by the Evaluator (Evaluation
Technical Assistance) to help Partner complete reporting forms as required by the California
Air Resources Board. The Evaluator may use the information to help assess TCC site
progress and results, with highlights that could be shared broadly with TCC stakeholders and
interested parties.
Data source: Partner must track the indicators listed in Exhibit S10 using their direct access to
the data needed to measure these indicators. In the tables, specific types of project
documentation are suggested for tracking each indicator.
Frequency: Partner must continuously track (as relevant) the indicators and report on them
annually. Prior to project completion, Partner will report on progress, such as "X number of
housing units are in the X stage of development." Upon project completion, Partner will report
a final number.
Collaboration: Partner must also help the Evaluator track additional indicators to complete
their evaluations. These additional indicators will be determined during project implementation.
For example, the Evaluator will design surveys with feedback from Partner; then Partner --
through TCC project activities --may have the opportunity to distribute surveys to community
members, and the Evaluator will analyze the survey results. The evaluators will work with
Partners to stay within the budgeted time and resources for tracking indicators agreed upon
signing the contract throughout the grant term and performance period.
Reporting protocols: The Evaluator will provide Partner with guidance on reporting protocols
and will also provide reporting templates for Partner's use.
Designated liaison: Partner will designate a point -of -contact (Exhibit S13) who can liaise with
the Evaluator to fulfill the tracking and reporting requirements.
Site -specific and additional details: The Evaluator may provide Partner with a list of additional
site -specific indicators to track if the projects or plans in these sites require indicators that
deviate from or expand upon those detailed in Exhibit S10. The Evaluator will also provide a
list of required inputs to any necessary estimator tools that will be used for the evaluation. If an
indicator or input to a given tool is not relevant to Partner's particular project, Partner should
report "N/A" for the indicator or input.
Part 2 — Project -Specific Terms and Conditions
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Partner certifies that it will adhere to the following requirements:
A. Low Carbon Transit Operations Program
Zero -Emission Vehicle Projects
Procured vehicles must support the system performance of the improved service lines as
described in the Budget and Schedule of Deliverables throughout the Project Completion and
Performance Periods.
Partner must provide the current and proposed service plan including routes, service frequency,
and number of vehicles deployed on each route within 60 calendar days of Agreement
execution. The Partner must quantify the planned number of additional vehicle miles to be
operated by zero -emission vehicle (ZEV) buses compared against the baseline service level.
Partner must provide the existing schedules and proposed changes to the affected service lines
at least 90 calendar days before initiating service. The service plans should include weekday,
weekend, and special event services and maintain service frequency levels consistent with the
Work Plan. The schedules should document efforts to coordinate service with other transit
services.
B. Active Transportation Program
If the TCC Project is not on state-owned right-of-way, the project must be constructed in
accordance with the Local Assistance Procedures Manual, Chapter 11.2 Design Guidance for
Local Assistance Projects, New and Reconstruction Projects design standards for local agency
streets and roads, incorporated here by this reference.
C. Low Carbon Transportation: Car Sharing and Mobility
Vehicle and Equipment Specifications
Partner must purchase or lease eligible light -duty passenger vehicles or medium -duty passenger
or shuttle vans that are zero emission or near -zero emission vehicles, which include plug-in
hybrid electric vehicles (PHEV), battery electric vehicles (BEV), and fuel cell electric vehicles
(FCEV). Changes to the fleet after grant execution may be made subject to prior written approval
by SGC. Additional vehicle requirements:
May be purchased or leased (2-year minimum lease period).
May be new or used.
Must be a four passenger vehicle or more.
iv. New vehicles must be eligible for the Clean Vehicle Rebate Project (CVRP) or the California
Hybrid and Zero -Emission Truck and Bus Voucher Project (HVIP), but they cannot participate
in those projects, i.e., they cannot receive rebates from CVRP2 or vouchers from HVIP3.
Used vehicles that have participated in CVRP or HVIP and have fully complied with CVRP
and HVIP requirements are eligible.
vi. Must be registered in California.
vii. No modifications to the vehicle's emissions control systems, hardware, software calibrations,
or hybrid system (California Vehicle Code (CVC) Section 27156).
viii. A chassis that has been modified with aftermarket parts or equipment to create a PHEV or
zero -emission vehicle is not eligible.
x. Vehicle title cannot be salvaged (as defined in CVC Section 544).
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Partner may purchase and install electric vehicle supply equipment (EVSE) to provide electricity
for BEVs and PHEVs, as applicable. EVSE equipment may be:
Installed in commercial or residential locations.
ii. May include ports for bicycle charging if the project design includes electric bicycles.
iii. Level 2: rated up to 240 volts AC, up to 60 amps, and up to 14.4 kW.
iv. Level 3: high voltage AC or DC with the capability to charge the vehicle to approximately 80
percent capacity within 30 minutes.
The Partner may purchase Class 1 or Class 2 electric bicycles and supporting equipment for the
bicycle sharing complement to the car sharing system. Electric bicycles and equipment should
comply with the following:
i. Purchase and install electric bicycle charging equipment to provide electricity for electric
bicycles, no more than one per bicycle, as applicable.
�i. Purchase bicycle locking stations, no more than one per bicycle, as applicable.
u. May purchase bicycle helmets for use of electric bicycle.
Partner must establish secure and safe home base parking for project vehicles and optional
electric bicycles within the Project Area.
Program Requirements
Partner must develop policy and process to evaluate potential vehicle drivers, bicycle riders,
vanpool riders, and subsidy recipients, as follows:
i. Enroll all vehicle drivers, bicyclists, carpool/vanpool riders (non -driver participants), and
subsidy recipients and ensure that they:
a. Complete an Initial Participant Survey upon enrollment.
b. Complete trip surveys and participate in research as requested by Partner.
c. Pay project fees to use the car sharing system, as determined by Partner.
., Ensure enrolled vehicle drivers also meet the requirements below:
a. Possess a current driver's license.
b. Meet minimum requirements to drive a project vehicle as required by Partner and the
insurance provider, to be developed in conjunction with SGC and City.
iii. Ensure enrolled bicyclists satisfactorily complete a bicycle safety training program (as
approved by SGC).
iV.. Participants become ineligible upon any of the following events:
a. Vehicle driver or bicycle rider participant becomes ineligible per terms of insurance.
b. Vehicle driver's license lapses or is revoked.
c. Vehicle or bicycle rider is determined to be an unsafe or impaired driver by the Partner.
d. Participant causes damage to a vehicle, bicycle, EVSE or other project property, at the
discretion of Partner or SGC.
e. Non-payment of project fees to use the car sharing system, to participate in the project, or
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to receive subsidies, as required by the Partner.
f. Non-compliance with project requirements, at the discretion of SGC.
Partner must develop, administer, and maintain a user-friendly vehicle reservation system; at a
minimum, provide telephone -based, person -to -person reservation fulfillment.
Partner must develop policies and procedures documents and flow charts that describe Partner's
administrative actions for evaluating and processing participants, reservations, vehicle
maintenance, and data gathering and reporting.
Partner must establish and maintain records of participants, vehicles, EVSE, optional electric
bicycles and chargers, fuel, maintenance, and other records, as follows:
Identify participant data that is confidential and develop measures to keep this data
confidential.
ii. Develop a systematic process and schedule to back-up participant, reservation database(s)
on a daily basis at a minimum.
iii. Develop and enforce security measures to safeguard Project database(s).
iv. Store all records in a secured and safe storage facility that maintains confidentiality and
provides fire and natural disaster protection.
D. Low Income Weatherization
Single -Family Residences
Single-family homes occupied by property owners are eligible for energy efficiency and Solar
Photovoltaic (PV) installations. Single-family homes occupied by tenants are eligible for only
energy efficiency installations.
Partner must have single-family property owners certify that they will not raise the rent of any
property with energy efficiency and/or Solar PV installations for a period of two (2) years from
the date of installation because of the increased value of the unit due solely to the
installations provided (allowable factors for rent increase can include an actual increase in
property taxes, actual cost of amortizing other improvements to the property accomplished
after the date of work completed by the Partner and/or subcontractor, or actual increases in
expenses of maintaining and operating this property). Additionally, the property owner must
acknowledge and agree that the property is not for sale at the time of qualifying for the
installations and will not be offered for sale or otherwise distributed or is not in foreclosure for
at least sixty (60) calendar days following the completion of the installations.
iii. Household income eligibility must be established at either 80 percent of the Area Median
Income (AMI), or 80 percent of the State Median Income (SMI), whichever results in a higher
allowable maximum income.
iv. The following types of buildings will not be eligible for installations:
a. Buildings requiring significant environmental review, any mitigation, including mitigation of
fire hazards or electrification and/or environmental decontamination triggering a deferral as
defined in the Deferral Policy section;
b. New buildings or buildings rebuilt or remodeled or retrofitted to meet Title 24 standards
(Part 6, of the California Code of Regulations) are not eligible for energy efficiency
installations, but are eligible for Solar PV installations;
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c. Buildings that are structurally unsound or condemned;
d. Buildings under a legal cloud or importuned by illegal activity;
e. Buildings that have been modified under LIWP, the Low -Income Home Energy Assistance
Program (LIHEAP) or Department of Energy (DOE) federal programs within the past four
(4) years, do not qualify for energy efficiency measures, with the exception of assessment
for and installation of Solar Water Heating, and may receive Solar PV, if qualified.
V. Buildings that have received only LIWP-funded Solar PV may qualify for energy efficiency
measures.
vi. Each building must be assessed for suitability before proposed energy efficiency and/or Solar
PV installations occur.
vii. Property owners are responsible for certifying participation in any additional energy efficiency
upgrade programs that have resulted in modifications to the identified buildings within the
project.
viii. All work performed must be in compliance with current and applicable provisions of the
California Energy Commission Building Energy Efficiency Standards, Alterations under Title
24, Part 6, of the California Code of Regulations, California Home Energy Rating System
(HERS) Program regulations. Standards within the current Uniform Building Code and local
city and county codes should be adhered to.
ix. Work provided to all covered pre-1978 buildings must be in compliance with current
Environmental Protection Agency rules in 40 CFR 745 (Code of Federal Regulations), Lead -
Based Paint Poisoning Prevention in Certain Residential Structures and the Housing and
Urban Development rules in 24 CFR 35, as applicable to energy efficiency installations.
Multi -Family Residences
Multi -family properties, deed restricted and/or subsidized properties must provide regulatory
agreements with the applicable local agency showing compliance with the income eligibility
requirements. For market rate properties, Partner must require the property owner or
manager not to evict or commence any eviction proceeding against any tenant(s) of any
qualifying unit in the building, except for cause and subject to all legal requirements and
procedures for any such eviction and/or proceeding.
Partner must ensure that the property owner or manager certify that the rents for the qualified
low- income units will not be increased for a period of two (2) years because of the energy
efficiency and/or Solar PV installations and/or major capital improvements. Partner must also
require the property owner or manager agree that any units which are designated as vacant
as of the effective date of the installations, must be rented to or occupied by a household at
an income level such that at least 66 percent of households residing at the property earn less
than 80 percent AMI or 80 percent of SMI, whichever results in a higher allowable maximum
income.
iii. The following types of buildings will not be eligible:
a. Buildings requiring significant environmental review, any mitigation, including mitigation of
fire hazards or electrification and/or environmental decontamination triggering a deferral as
defined in the Deferral Policy section;
b. Buildings with significant energy efficiency upgrades installed within the previous five (5)
years, unless energy savings goals can be attained at a reasonable cost through the
implementation of additional measures;
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c. New buildings or buildings rebuilt or remodeled or retrofitted to meet Title 24 standards
(Part 6, of the California Code of Regulations) are not eligible for energy efficiency
installations, but are eligible for Solar PV installations;
d. Buildings that are structurally unsound or condemned;
e. Buildings likely to be sold as evidenced by position in the market and refinancing cycle;
f. Buildings under a legal cloud or importuned by illegal activity;
g. Property under single ownership, including closely held affiliates that, in the aggregate,
total more than 1,000 units receiving energy efficiency and/or Solar PV installations.
h. Buildings that have previously received LIWP-funded energy efficiency measures within
the pastfour
(4) years do not qualify for additional energy efficiency measures, with the exception of
assessment for and installation of the following:
I. Solar Water Heating
II. Solar PV
iv. Each building must be assessed for suitability before proposed energy efficiency and/or Solar
PV installations occur.
V. Property owners are responsible for certifying participation in any additional energy efficiency
upgrade programs that have resulted in modifications to the identified buildings within the
project.
vi. All work performed must be in compliance with current and applicable provisions of the
California Energy Commission Building Energy Efficiency Standards, Alterations under Title
24, Part 6, of the California Code of Regulations, California Home Energy Rating System
(HERS) Program regulations. Standards within the current Uniform Building Code and local
city and county codes should be adhered to.
vii. Work provided to all covered pre-1978 buildings must be in compliance with current
Environmental Protection Agency rules in 40 CFR 745 (Code of Federal Regulations), Lead -
Based Paint Poisoning Prevention in Certain Residential Structures and the Housing and
Urban Development rules in 24 CFR 35, as applicable to energy efficiency installations.
Assessment, Certification, and Compliance Requirements for both Single- and Multi -Family
Residences
i. Partner must keep records of project assessments, certifications, and compliance. Partner
may refer to the Department of Community Services and Development's (CSD) Low -Income
Weatherization Program (LIWP) standards and forms for examples of information to collect
and record retention. Information collected must include, but is not limited to:
a. Intake forms with information including, but not limited to household income, household
members, eligibility, and energy service currently used;
b. Property owner consent to receive energy efficiency and/or Solar PV installations;
c. Property owner certification to comply with Single -Family Residence and Multi -Family
Residence requirements outlined above;
Confirmation that property owner has been informed of potential hazardous materials
exposure during energy efficiency and/or Solar PV installations, as such hazards are
identified;
e. Documentation that a building assessment has been completed (pre -and -post project
UUUU0191I CI lvulu tz IV.'4:1CVVUJU-VOJC-'FJ'4:1-M1�F10-L4rJr/'1VUL"Jf I
completion).
f. Property owner confirmation that proposed energy efficiency and/or Solar PV installations
were received and installed properly;
g. Documentation showing why energy efficiency and/or Solar PV installations were deferred
or denied, as applicable;
h. Documentation of compliance with the Department of Public Health's Renovation, Repair,
and Painting Rule (RRP) (40 Code of Federal Regulations 745), as applicable;
Documentation of trainings taken by certified renovators (per RRP), as applicable.
Operations and Maintenance for both Single- and Multi -Family Residences
The Partner is responsible for providing verbal and written instructions for each installation to
the property owner describing proper operation, maintenance requirements, system
components, warranty information, programming of controls, and safety considerations, as
applicable. This must occur prior to project completion. All work must be in accordance with
the CSD LIWP Measure Standards. SGC will provide the Partner with a reference document.
The Partner must establish and maintain policies and procedures for handling complaints in
accordance with the CSD LIWP Measure Standards.
The policies and procedures shall be in writing and shall be provided to interested
individuals upon request. Complaints may include, but are not limited to, equipment failure
during the warranty period, and incorrect installation of equipment. The Partner should
retain records of all complaints, and how they were resolved, in the event of an audit.
Deferral Policy for both Single- and Multi -Family Residences
Conditions may exist which cannot be mitigated because corrections exceed the scope of this
program or cannot be achieved in a cost-effective manner. In these instances, contractors
shall install feasible measures and, as applicable, refer the property owner to other
agencies/programs for additional assistance. Once conditions have been corrected,
installations for which the property qualifies may be installed. Presence of any of the
conditions below shall require deferral of all installation activities:
a. Mechanical, electrical, or plumbing system is in such disrepair that failure is imminent.
b. An environmental condition exists that endangers the occupants or contractor workers.
(Example: standing water/sewage, mold, friable asbestos, etc.).
c. Evidence of significant infestation of rodents, insects, and/or other vermin is present.
d. Moisture conditions within the building are severe and infiltration reduction measures are
notfeasible.
e. Building is condemned, is under remodeling or rehabilitation, or has structural issues.
f. Building has unsafe air quality. (Examples: sewage, significant animal feces in the
building, improperly stored chemicals, combustible materials, or other fire hazards present
a danger to the occupants or workers, etc.)
g. Building is pre-1978 construction and paint is seriously degraded and/or damaged,
creating a hazardous condition with paint chips or dust.
h. Manufactured housing registration is not current or in good standing, and a Department of
L/V VUJIyII CIIVCIVFIC ILJ.'iVC4V L/VV-V O:J C-4J4 V-Ml./i0-L4rVrMVVL ur I
Housing and Community Development permit will not be granted.
Occupant has a known health condition/s that would be made worse by installation
activities.
Maintenance or housekeeping practices limit access of workers to the property for
diagnostics or services.
k. Property owner refusal of combustion appliance safety (CAS) testing
I. Hazardous combustion appliance conditions that cannot be remedied through repair or
replacement.
m. Property owner is uncooperative, abusive, or threatening to installation personnel.
n. Illegal activities are taking place in the property.
A contractor may need to defer some or all services when unsafe conditions require repairs or
replacements that exceed the scope or funding of this program (known as a limited deferral).
When this occurs, the contractor shall provide written and photographic documentation of the
condition. Once conditions have been corrected, measures for which the property qualifies
may be installed.
E. Water Energy
All equipment must be certified Energy Star or equivalent products.
F. Urban Greening
If the project includes habitat restoration or landscaping, the plant palette must include native,
low-water, and/or drought -resistant vegetation.
Partner must provide maintenance on all plants planted (including replacement) for at least three
(3) years after project completion. Partner must also prepare and submit a plan for the long-term
care for the plants.
G. Urban and Community Forestry
The Regional Urban Forester must approve the species list and map of tree planting area prior to
beginning work.
Partner shall cause all trees planted (including replacement) to be maintained for at least three
years after project completion. Partner must also prepare and submit a plan for the long-term
care for the trees.
Any tree planting within the project must adhere to the CAL FIRE Guideline Specifications for
Selecting, Planting, and Early Care of Young Trees ("CAL FIRE"), available at
http://calfire.ca.gov/resource mqt/downloads/CALFIRE Nursery Standards and Specs11 12.p
df. Trees requiring replacement per CAL FIRE must be made at the Partner's cost.
Projects may not use synthetic fertilizer. Organic fertilizers (e.g. compost, manure) may be used.
H. Organics and Food Waste Prevention and Rescue Projects must be located in California and
result in:
Reductions in GHG emissions compared to existing practice of landfilling of California -
generated green or food materials (for organics), or the production, processing, packaging,
distribution, and landfilling of California -generated food materials (for food waste prevention
and rescue); and
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i. Increases in quantity (tons) of California -generated green materials, or food materials, newly
diverted from landfill disposal or ADC use, and composted or digested (for organics), or
increases in quantity (tons) of California -generated food materials, newly diverted from landfill
and prevented or rescued from disposal (for food waste prevention and rescue).
For the purpose of this program, "newly diverted" means the tons of materials that are currently
being landfilled that will instead be diverted as a result of this project.
L JUVU01y]I CI Ivuluptl IL). 4:1C'#VUVU-000C-'-FJ4U-F11..M0-L4 r:JrMVVG:Jr I
EXHIBIT S5: PARTNER BIMONTHLY INVOICE REPORT
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
IMPLEMENTATION GRANT - BIMONTHLY INVOICE DETAIL
Lead Entities must complete the Invoice Detail for each CCI Project, Community Engagement, and Workforce Development
Grantee:
Grant Number:
TCC Project Name:
Round #:
Period #:
Reporting Period Dates:
[START DATE]
[END DATE]
[Insert CCI Project # and Name, or Transformative Plan Name)
Lead Entity: [Insert name]
TASK
Cost Description
Amount Supporting
Documentation/Page #
1
Subtotal)
$ -
2
Subtotal
$ -
3
Subtotal
$ -
4
Subtotal
$ -
Travel
Subtotal
$
Equipment
Grant Administration
Subtotal
$ -
Subtotal
SUBTOTAL FOR THIS PERIOD
$ -
$
L/UI:U,D1 1I CI IVCIUpt; IU. 4UC4UUJU-VO:JC-'4J4:1-M1+/10-LYr:JrMUULJr I v. ..I lner Bimonthly Progress Report
Transformative Climate Communities Program
Round 1 Implementation Grant — Bimonthly Progress Report
Updated Jul 29, 2020
Grantee: Grant Number:
TCC Project Name: Round #:
Period #: Reporting Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the
Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for
reimbursement, and any accompanying supporting documents, for the above -mentioned Program are true
and correct to the best of my knowledge, an all disbursements have been made for the purposes and
conditions as outlined in the Grant Agreement.
Signature: Date:
1. Summarize the work completed during reporting period.
[INSERT NAME OF CCI PROJECT, COMMUNITY ENGAGEMENT Lead Entity: [INSERT]
PLAN, OR WORKFORCE DEVELOPMENT PLAN]
Tasks Grant Funds Spent
[INSERT Task # and Name] $
■ Describe work completed
Use bullet points and be succinct
Make sure to clearly align with the language used in Exhibit B (to ensure easy review)
Bold any deliverables submitted
[INSERT Task # and Name] $
[INSERT Task # and Name]
Administration
Total , $
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EXHIBIT S7: DETAILED LEVERAGE FUNDING REPORT
Updated June 27. 2019 TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
Implementation Grant - Annual Leverage Funding Report
Grantee: I KiScRT HERE] Grant R: [INSERT HERE( _ Reporting Period (start date): IINSERT HERE)
TCC Project Name: INSERT HEREI Round it: (INSERT HERE] Reporting Period (end date): (INSERT HERE(
LEVERAGE FUNDING REPORT
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EXHIBIT S8: REPORTING SCHEDULES
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM - ROUND 1
GRANT AGREEMENT- REPORTING SCHEDULE
REVISION FOR CITY OF FRESNO GRANTEES - JULY 10, 2019 FINAL
See Section 12. Reporting Requirements for additional details. Note that Project Completion Reports have not been included in the schedule, because they will be
completed on a rolling basis.
The Final Report must be submitted at the end of the Project Completion Period, which may extend up to five years from the grant execution date. If all Projects
have been completed and the Grantee has fulfilled all requirements for the Project Completion Period, the Final Report may be submitted prior to May 2024.
The Performance Period will vary for each CCI Project and will begin immediately after each CC] Project is completed, if applicable (see Section 1, Definitions). If
the Grantee has fulfilled all requirements for the Project Completion Period and Performance Period, the CARB and SGC Indicator Tracking may terminate earlier
than March 2026.
PROJECT COMPLETION PERIOD REPORTS
REPORTING PERIOD
BIMONTHLY
PROGRESS
REPORT
ANNUAL REPORTS
(Progress, Indicators, Leverage Funding,
Equipment Inventory)
OF -TAILED
WORK PLAN
AND BUDGET
DUE DATE
_
START
END
Grant Execution
Apd130.2019
X
Ma 10, 2019
May 1, 2019
June 30, 2019
X
X- First quarter
or 30 days after
each Partner's
pass through
agreement with
the City of Fresno
is executed
July 12, 2019
July 1, 2019
August 30 2019
X
X
(rovers Grant Execution through June 30, 2019
September 13, 2019
Se ternber 1, 2019
October 30, 2019
X
November 8, 2019
November 1, 2019
December 31, 2019
X
January10,2020
Janua 1, 2020
February 29, 2020
X
March 13, 2020
March 1, 2020
Aril 30, 2020
X
May 8, 2020
May 1, 2020
June 30, 2020
X
July 10, 2020
July 1, 2020
August 30, 2020
X
X
Covers July 1, 2019 - June 30. 2020
X
September 11, 2020
September 1 2020
October 30, 2020
X
November 13, 2020
November 1, 2020
December 31, 2020
1 X
Janua 8, 2021
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TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM - ROUND 1
T
REPORTING PERIOD
PROJECT
COMPLETION PERIOD REPORTS
ANNUAL REPORTS DETAILED
(Progress, Indicators, WORK PLAN
Leverage Funding, AND BUDGET
Equipment Irivento _
X X
Covers July 1 2020 - June 30, 2021
BIMONTHLY
PROGRESS
REPORT
DUE DATE
START
END
January1, 2021
February28, 2021
X
March 12; 2021
March 1, 2021
Aril 30, 2021
X
May 14, 2021
Mav 1, 2021
June 30, 2021
x
JuIv 9, 2021
July 1, 2021
August 30, 2021
X
September 10, 2021
1, 2021
October 30, 2621
X
November 12, 2021
-September
November 1, 2021
December 31 2021
X
January 14, 2022
Januaryl,2022
February 28. 2022
X
March 11, 2022
March 1, 2022
A d130, 2022
x
May 13, 2022
May 1, 2022
June 30, 2022
X
Jul 8, 2022
July 1, 2022
August 30, 2022
X
X
C vers Jul 1, 2021 -June 30, 2022
X
September 9, 2022
1, 2022
October 30, 2022
X
November 11, 2022
-September
November 1, 2022
December 31, 2022
X
January 13, 2023
February 28, 2023
X
March 10, 2023
-Januaryl,2023
March 1, 2023
AqdI30,2023
X
May 12, 2023
1, 2023
June 30, 2023
X
July 14, 2023
-May
July 1, 2023
August 30, 2023
X
X
Covly 1, 2022 - June 30, 2023
X
September 8, 2023
1, 2023
October 30, 2023
X
November 10. 2023
-September
November 1, 2023
December 31, 2023
X
January12,2024
January 1, 2024
February 28 2024
X
March 8, 2024
March 1, 2024
April 30, 2024
X
X
(Covers July 1, 2023 - End of Project
Completion Period)
FINAL REPORT
N/A
May 10, 2024
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TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM — ROUND 1
PROJECT COMPLETION AND PERFORMANCE PERIOD REPORTS
REPORTING PERIOD
91MONTHLY
PROGRESS
REPORT
ANNUAL REPORTS + DETAILED
(Progress, Indicators, Leverage Funding, WORK PLAN
E ui ment Invento AND BUDGET
DUE PATE
September 13, 2024
July 1, 2023
June 30, 2024
X
NIA
Annual Pr ress and Indicator Reports Only)
July 1, 2024
June 30, 2025
X
NIA
September 12, 2025
Annual Pro ress and Indicator Reports Only)
July 1, 2025
March 31, 2026
X
NIA
April 10, 2026
(End of Project
(Annual Progress and Indicator Reports Only)
Performance
Exhibit S9: Indicator Tracking Report
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EXHIBIT S10: AUTHORIZED SIGNATORY FORM
AUTHORIZED SIGNATORY FORM
I hereby verify that I am an authorized Partner representative and signatory and as such can sign
and/or delegate authorization to sign and bind the Partner as it relates to the above -referenced
Agreement and related documents.
Partner Authorized Signatory:
Name: Kelli McIntyre
❑ocuSigned by:
Signature:'��'
Title: Pri nci pal
Date: 3/17/2023
Please attach a copy of the corresponding resolution, bylaws or authorizing document.
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EXHIBIT S11: DESIGNATED PROJECT REPRESENTATIVE
DESIGNATED PROJECT REPRESENTATIVE FORM
Please identify the Partner's day-to-day Project Representative(s):
Name:
Kelli McIntyre
_
DocuSigned by:
Signature: FF WtAj` rt_
Phone Number: 610-310-3465
Name
Signature:
Phone Number:
Name:
Signature:
Title: Principal
Date: 3/17/2023
Email: kelliconsults@gmail.com
Title:
Date:
Email:
Title:
Date:
Phone Number: _ Email:
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EXHIBIT S12: TCC PROJECT AREA MAP
tl
`F Transform Fresno Plan Projects
W 6
November 2020 s
\
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93 22
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111
■
11 21
21
Vies[ Fresno
�Iiddle
Discla,me, This map is behaved to be an accuralerepresenlal— of the C ilyof Fresno GIS data, however we make no warranties either expressed or implied for correclne as of this oata.
01 - Chinatown Housing Project
05 - Southwest Fresno Trail
06 - Chinatown Urban Greening- Pedestrian Pathways,
Lighting and Tree Planting
08 - Annadale Mode Shift
09 - Mariposa Plaza
11 - Southwest Urban Forest Expansion -Tree Planting
12 -Yosemite Village Permaculture Community Garden
and Urban Farm
13 - Park at MILK Magnet Core
14 - Inside Out Community Garden
15-Yo'Ville Community Orchard
16 &17 - St. Rest and Food to Share Hub
18 - Fresno City College: West Fresno Satellite
21 -TCC Connector - Enhanced Bus Service
22 - Southwest Offsite Improvements
The projects below do not have a specific location and are
not depicted on the map.
02 - EOC Partnership for Energy Savings and GHG Reductions
in SW Fresno
03 - GRID Solar Collaborative Single -Family Partnership
04 - GRID Solar Collaborative Multi -Family Partnership
07 - Clean Shared Mobility Network
19 - Chinatown Property Based Improvement District
20 - EOC Partnership for Energy Savings and GHG Reductions
in SW Fresno: EFMP Plus -Up Vehicle Replacement and
Incentives
WDP -Workforce Development:Welding Program
WDP - Workforce Development: Low/Zero EmissionTruck
Driver Training
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EXHIBIT S13: ANNUAL PROGRESS REPORT
Grantee:
TCC Project Name:
Transformative Climate Communities Program
Implementation Grant —Annual Progress Report
U dated June 27, 2019
Grant Number:
Round #:
Period #: Reporting Period: [Start Date] to [End Date]
Authorized Signatory: [Name] [Position]
By my signature below, I certify that I have full authority to execute this payment request on behalf of the/
Grantee. I declare under penalty of perjury, under the laws of the State of California, that this invoice for
reimbursement, and any accompanying supporting documents, for the above -mentioned Program are true
and correct to the best of my knowledge, an all disbursements have been made for the purposes and
conditions as outlined in the Grant Agreement. By signing this progress report, I also certify the information
provided in the following annual deliverables:
Annual Leverage Funding Report
Annual Equipment Inventory Record
• Annual Detailed Budge! and Work Plan
Signature: Date:
Please respond to the following questions in 1-3 paragraphs, or with clear bullet points:
Success Stories and Lessons Learned
1. Summarize the major grant milestones completed in the last year.
2. Please share any other success stories from the Project Area, and provide links to related media, as
applicable.
3. Describe any "lessons learned" in this past year. Specifically highlight any lessons that may help
current grantees, future applicants, or the State, in continued implementation of the projects, and
program, respectively.
Challenges and Areas for Improvement
For each question below, please elaborate on: a) steps that the Grantee or Partners are taking to improve,
or b) actions or assistance needed from the State, as applicable.
4. Discuss any challenges experienced while implementing the grant.
5. Describe any issues faced when working with the technical assistance providers and/or program
evaluation consultants.
6. Describe any concerns related to administering the grant and/or working with State
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Updalcd Junc 27 201,9
EXHIBIT S14: EQUIPMENT INVENTORY REPORT
TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
Implementation Grant -Annual Equipment Inventory Record
Gnryr� Grertg: •VSERi MFAEF Re porting Period )start tlabl: �EASIH
Re rt Period lend dale) r&ER'
TCC Pral-Nem� pKEAi F)4FEi ftauM Po ing