HomeMy WebLinkAboutTransformative Climate Communities (TCC) I
TRANSFORMATIVE CLIMATE COMMUNITIES SUBRECEPIENT AGREEMENT
BETWEEN THE CITY OF FRESNO AND FRESNO ECONOMIC OPPORTUNITIES
COMMISSION
The City of Fresno, a California municipal corporation (Grantee or City) and FRESNO
ECONOMIC OPPORTUNITIES COMMISSION, (Partner) enter into this
TRANSFORMATIVE CLIMATE COMMUNITIES (TCC) SUBRECIPIENT AGREEMENT
(Agreement) effective the —.I day of _�Y1FF�� 2019, regarding
projects #2 EOC Partnership for Energy Savings and HG Reductions in SW Fresno
and #20 EOC Partnership for Energy Savings and GHG Reductions in SW Fresno:
EFMP Plus-Up Vehicle Replacement and Incentives.
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, 2018;
WHEREAS, Partner's Projects is included in the TCC Transform Fresno Plan;
and
WHEREAS, pursuant to the terms of the Grant Agreement entered into on
�� DI 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 SGC'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
THREE MILLION TWO HUNDRED AND EIGHT THOUSAND THREE HUNDRED
SEVENTY-SEVEN AND SEVENTY CENTS ($3,208,377.70),
WHEREAS, this Agreement shall memorialize Partner's terms, conditions and
obligations relating to the SGC's award of grant funds to the City for Partner's Projects;
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
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to be used as set forth below in this exhibit, and as may be set forth in the remaining
exhibits incorporated into this Agreement.
AGREEMENT
1. DEFINITIONS.
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.
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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 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
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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
xi. "Technical Assistance Staff' —Technical Assistance Staff
with City reimbursed via a grant agreement with the
Department of 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
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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 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 indecision-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
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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 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:
i. 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.
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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.
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:
i. 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
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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 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
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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
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 by the
City.
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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:
i. Completion Report: Partner must submit a report at the
completion of each individual CCI project using the template
provided by the City.
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
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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 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
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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.
i. 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.
ii. 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-
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
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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 D
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
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
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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:
i. A cost is reasonable if, in its nature and amount, it does not
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
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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
i. 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
"invoice package."
i. 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
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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.
i. SGC has the discretion to determine the sufficiency of work
completed and completeness of an invoice package.
ii. 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 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.
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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.
i. 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 Period and within the ProjectArea.
B. Partner must integrate Non-CCI projects into the Detailed Work
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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 including California
Civil Code section 2782, 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
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and damages (whether in contract, tort or strict liability, including but not limited
to personal injury, death at any time and property damage) incurred by STATE
and CITY, PARTNER or any other person, and from any and all claims,
demands and actions in law or equity (including attorney's fees and litigation
expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Contract. PARTNER'S obligations under the preceding
sentence shall apply regardless of whether STATE, CITY or any of their officers,
officials, employees, agents, servants or volunteers are passively negligent, but
shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages
caused by the active or sole negligence, or the willful misconduct, of STATE,
CITY or any of their officers, officials, employees, agents, servants or volunteers.
If PARTNER should subcontract all or any portion of the work to be performed
under this Contract, PARTNER shall require each subcontractor to indemnify, hold
harmless and defend STATE, CITY and each of its 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 Contract.
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
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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
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 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 the City, its 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,
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liability under the indemnity provisions of this Agreement. The duty to
indemnify the 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
performed under this Agreement, Partner shall require each subcontractor
to provide insurance protection, as an additional insured, to the City and
each of its 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 City, its 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
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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 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;
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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.
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.
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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 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
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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:
i. 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 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
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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.
C. Vehicles:
i. 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.
ii. 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,
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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 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
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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 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.
i. 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
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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.
i. 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.
i. SGC may require remedial steps from Partner.
ii. 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
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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.
38. 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. 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,
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.
Page 131
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:
The Transformative Climate Communities (TCC) Program funds
community-led development and infrastructure projects that
achieve major environmental, health and economic benefits in
California's most disadvantaged communities. TCC empowers the
communities most impacted by pollution to choose their own goals,
strategies and projects to enact transformational change — all with
data-driven milestones and measurable outcomes. This program is
administered by the Strategic Growth Council (SGC) which
coordinates the activities of State agencies and partners with
stakeholders to promote sustainability, economic prosperity, and
quality of life for all Californians.
The TCC Program is part of California Climate Investments, a
statewide program that puts billions of Cap-and-Trade dollars to
work reducing GHG emissions, strengthening the economy, and
improving public health and the environment — particularly in
disadvantaged communities. The Cap-and-Trade program also
creates a financial incentive for industries to invest in clean
technologies and develop innovative ways to reduce pollution.
California Climate Investments projects include affordable housing,
renewable energy, public transportation, zero-emission vehicles,
environmental restoration, more sustainable agriculture, recycling,
and much more. At least 35 percent of these investments are
located within and benefiting residents of disadvantaged
communities, low-income communities, and low- income
households across California. For more information, visit the
California Climate Investments website at.,
www.caclimateinvestments.ca.gov
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 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 Iocation(s), typeface and size
Page 132
containing the following message
Page 133
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
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:
Page 134
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 Fresno Economic Opportunities
Attn: City Manager, Transform Fresno Commission
2600 Fresno Street, Executive Office Attn: Brian Angus
Fresno, CA 93721 Chief Executive Officer
1920 Mariposa Mall, Suite 300
Fresno, CA 93721
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.
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.
Page 135
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.
5Z 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 City 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.
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
Page 136
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 DO 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
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
Page 137
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]
Page 138
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO, FRESNO ECONOMIC OPPORTUNTIES
A Californi icipal n COMMISSION,
By:
AtP`uin- er, By:
City Manage
Name: Brian Angus
APPROVED AS TO FORM: Title. Chief Executive Office
DOUGLAS T. SLOAN (If corporation or LLC., Board Chair,
City Attorney Pr . r Vice Pres.)
r
By: U By:
racy N. anian Date
Senior DeWty City Attorney S.l�•l� Name: Salam Nalia
ATTEST: Title: Chief Financial Officer
YVONNE SPENCE, MMC CRM (If corporation or LLC., CFO,
City Clerk Treasurer, Secretary or Assistant
By 512.011q Secretary)
eputy REVIEWED BY.-
Add resses:
CITY: PARTNER:
City of Fresno Fresno Economic Opportunities
Attention: City Manager's Office- Commission
Transform Fresno Attention: Brian Angus
Fresno City Hall Chief Executive Officer
2600 Fresno Street, Room 2084 1920 Mariposa Mall, Suite 300
Fresno, CA 93721 Fresno, CA 93721
Phone: (559) 621-7799
FAX: (559) 457-1541
Page 138
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 S& 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
EXHIBITS:
1. Exhibit S1: Scope of Work, Budget and Schedule of Deliverables
2. Exhibit S2: Insurance Requirements
3. Exhibit S& 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
Page 139
EXHIBIT S1: SCOPE OF WORK, BUDGET AND SCHEDULE OF DELIVERABLES
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EXHIBIT S2: INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, PARTNER shall 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 to do business in the State of California and rated no less than
"A-VII" in the Best's Insurance Rating Guide, or (ii) as may be authorized in writing by CITY'S Risk
Manager or 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 to the named insured.
(b) If at any time during the life of the Agreement or any extension, PARTNER or any of its
subcontractors fail to 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
PARTNER shall be withheld until notice is received by 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 CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY
to terminate this Agreement. No action taken by 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 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 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, invitees, contractors, sub-contractors, consultants, or anyone
employed directly or indirectly by any of them.
Coverage shall be at least as broad as
1. The most current 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
course of 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
PARTNER shall procure and maintain for the duration of the contract insurance with limits of liability
not less than those set forth below. However, insurance limits available to STATE, CITY and each of
their officers, officials, employees, agents, servants and volunteers as additional insureds, shall be the
greater of the minimum limits specified herein or the full limit of any insurance proceeds available to
the named insured-
1 COMMERCIAL GENERAL LIABILITY
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work performed under
the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY
$1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation Insurance as required by the State of California with
statutory limits and EMPLOYER'S 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) $2,000,000 per claim/occurrence; and,
(ii) $4,000,000 policy aggregate.
5. CONTRACTORS' POLLUTION LEGAL LIABILITY with coverage for bodily injury,
property damage or pollution clean-up costs that could result from of pollution condition,
both sudden and gradual. Including a discharge of pollutants brought to the work site, a
release of pre-existing pollutants at the site, or other pollution conditions with limits of
liability of not less than the following:
(i) $1,000,000 per occurrence or claim; and,
(ii) $2,000,000 general aggregate per annual policy period.
(a) In the event this Agreement involves the transportation of hazardous material,
either the Commercial Automobile policy or other appropriate insurance policy
shall be endorsed to include Transportation Pollution Liability insurance
covering materials to be transported by PARTNER pursuant to the
Agreement.
UMBRELLA OR EXCESS INSURANCE
In the event PARTNER purchases an Umbrella or Excess insurance policy(ies) to meet the "Minimum
Limits of Insurance," this insurance policy(ies) shall "follow form" and afford 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-contributory basis for the benefit of the STATE, CITY and each of their
officers, officials, 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 self-insured retentions.
Any self-insured retentions must be declared on the Certificate of Insurance, and approved by, the
CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or his/her
designee, either:
(i) The insurer shall reduce or eliminate such self-insured retentions as respects STATE,
CITY and each of their officers, officials, employees, agents, servants and volunteers; or
(ii) PARTNER shall provide a financial guarantee, satisfactory to CITY'S Risk Manager or
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 self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
(i) All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice has been given to CITY, except ten (10) days for
nonpayment of premium. PARTNER is also responsible for providing written notice to
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 limits,
PARTNER shall furnish CITY with a new certificate and applicable endorsements for
such policy(ies). In the event any policy is due to expire during the work to be
performed for CITY, PARTNER shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than fifteen (15) calendar
days prior to the expiration date of the expiring policy.
(ii) The Commercial General, Pollution and Automobile Liability insurance policies shall be
written on an occurrence form.
(iii) The Commercial General, Pollution and Automobile Liability insurance policies shall be
endorsed to name STATE, CITY and each of their officers, officials, employees, agents,
servants and volunteers as an additional insured. PARTNER shall establish additional
insured status for the STATE and CITY for all ongoing and completed operations under
both Commercial General and Pollution Liability policies 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 11 85 or both CG 20 10 & CG 20 37.
(iv) The Commercial General, Pollution 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 and Pollution
Liability policies are 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, 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 officers, officials,
employees, agents, servants and volunteers. Any insurance or self-insurance
maintained by the STATE, CITY and each of their officers, 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 officers, officials,
employees, agents, servants and volunteers.
(viii) The Commercial General, Pollution and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to STATE, CITY and
each of their officers, officials, employees, agents, servants and volunteers.
PROVIDING OF DOCUMENTS - PARTNER shall 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 his/her
designee prior to CITY'S execution of the Agreement and before work commences. All
non-ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, PARTNER shall immediately furnish CITY
with a complete copy of 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 PARTNER shall 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 must be 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.
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.
SUBCONTRACTOR- If PARTNER subcontracts any or all of the services to be performed
under this Agreement, PARTNER shall require, at the discretion of the CITY Risk Manager or
designee, subcontractor(s) to enter into a separate Side Agreement with the City to provide
required indemnification and insurance protection. Any required Side Agreement(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, PARTNER will be solely
responsible for ensuring that it's subcontractor maintain insurance coverage at levels no less
than those required by applicable law and is customary in the relevant industry.
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
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
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:
i. May be purchased or leased (2-year minimum lease period).
ii. May be new or used.
iii. 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.
V. 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.
ix. Vehicle title cannot be salvaged (as defined in CVC Section 544).
Partner may purchase and install electric vehicle supply equipment (EVSE) to provide electricity
for BEVs and PHEVs, as applicable. EVSE equipment may be:
i. 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.
ii. Purchase bicycle locking stations, no more than one per bicycle, as applicable.
iii. 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.
ii. 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
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..
i. 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
i. 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.
ii. 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;
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
i. 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.
ii. 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;
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
V. 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.
v1. 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
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;
d. 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
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;
i. Documentation of trainings taken by certified renovators (per RRP), as applicable.
Operations and Maintenance for both Single- and Multi-Family Residences
i. 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.
ii The Partner must establish and maintain policies and procedures for handling complaints in
accordance with the CSD LIWP Measure Standards.
a. 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
Housing and Community Development permit will not be granted.
i. Occupant has a known health condition/s that would be made worse by installation
activities.
j. 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.
ii. 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 mgt/down load s/CALFI_RE_Nursery,Standards and Specs11 12.g
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:
i. 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
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.
EXHIBIT SS: PARTNER BIMONTHLY INVOICE DETAIL
Partner: Project Number:
Period #: Period Dates: (Start Date) (End Date)
SUPPORTING
TASK COST CATEGORY AMOUNT DOCUMENTATION [PAGE
j NUMBER]
1 PERSONNEL
SUBCONTRACTORS
SUPPLIES/MATERIALS
EQUIPMENT
TRAVEL
INDICATOR TRACKING
OTHER DIRECT COSTS
Subtotal
2
----
Subtotal
3
Subtotal
PROJECT SUBTOTAL
EXHIBIT S6: PARTNER BIMONTHLY PROGRESS REPORT
Partner: Project Number:
Period #: Reporting Period (Start Date) (End Date)
Authorized Signatory: (Name) (Position)
By signing this I certify that work has been completed in accordance with the Agreement and that the
total below reflects actual costs incurred.
Signature- Date.-
Summarize work completed during the reporting period. Please refer to specific deliverables in the
Budget and Work Plan.
-Task# Leverage Funds Spent
I Description of Work Completed � Grant Funds Spent
I
Total Funds Spent:
_....... _ ..... ..............—__ ...._.......... ....._........_.............-
STATUS UPDATE
Task# On Within Notes on Deviances from Schedule or
Schedule Budget ! Budget
.......................... .. - —-----------
1
EXHIBIT S7: DETAILED LEVERAGE FUNDING REPORT
Partner: Project Number:
Period #: Reporting Period (Start Date) (End Date)
Authorized Signatory: (Name) (Position)
By signing this I certify that the information below is accurate, that leverage funding has been
spent in in accordance with the Agreement and that the total below reflects actual costs incurred.
Signature: Date.
Task# Funding Source Total Spent during Reporting
Period
EXHIBIT S8: REPORTING SCHEDULE
BIMONTHLY & ANNUAL REPORTS/INVOICES DUE DATES
REPORTING PERIOD_ 'BIMONTHLY }
-- ANNUAL
i REPORTS DUE DATE
START END /INVOICES REPORTS
November 1, 2018 December 31, 2018 X January 11, 2019
January 1, 2019 February 28, 2019 X March 8, 2019
March 1, 2019 April 30, 2019 X May 10, 2019
May 1, 2019 June 30, 2019 X July 12, 2019
July 1, 2019 August 30, 2019 X September 13, 2019
September 1, 2019 October 30, 2019 X X November 8, 2019
November 1, 2019 December 31, 2019 X January 10, 2020
January 1, 2020 February 29, 2020 I X March 13, 2020
March 1, 2020 April 30, 2020 X May 8, 2020
May 1, 2020 June 30, 2020 X July 10, 2020
July 1, 2020 August 30, 2020 X September 11, 2020
September 1, 2020 October 30, 2020 X X November 13, 2020
........ _.
November 1, 2020 December 31, 2020 X January 8, 2021
January 1, 2021 February 28, 2021 X March 12, 2021
March 1, 2021 April 30, 2021 X May 14, 2021
May 1, 2021 June 30, 2021 X July 9, 2021
July 1, 2021 August 30, 2021 X September 10, 2021
September 1, 2021 October 30, 2021 X X November 12, 2021
November 1, 2021 December 31, 2021 X January 14, 2022
January 1, 2022 February 28, 2022 X March 11, 2022
March 1, 2022 April 30, 2022 X May 13, 2022
May 1, 2022 June 30, 2022 X July 8, 2022
July 1, 2022 August 30, 2022 X September 9, 2022
... ........... ........
September 1, 2022 October 30, 2022 X X November 11, 2022
November 1, 2022 December 31, 2022 X January 13, 2023
January 1, 2023 February 28, 2023 X March 10, 2023
March 1, 2023 April 30, 2023 X May 12, 2023
May 1, 2023 June 30, 2023 July 14,2023
July 1, 2023 August 30, 2023 September 8, 2023
September 1, 2023 October 30, 2023 IN/A X- Final November 10, 2023
CARB AND SGC INDICATORY TRACKING REPORTS
START END DUE DATE
Reporting during Project Completion Period
Grant Start Date September 30, 2019 October 11, 2019
October 1, 2019 September 30, 2020 October 9, 2020
October 1, 2020 September 30, 2021 October 8, 2021
October 1, 2021 September 30, 2022 October 14, 2022
October 1, 2022 September 30, 2023 October 13, 2023
Reporting during Performance Period if applicable
October 1, 2023 September 30, 2024 October 11, 2024
October 1, 2024 September 30, 2025 October 10, 2025
October 1, 2025 March 1, 2026 February 13, 2026
EXHIBIT S9: INDICATOR TRACKING TABLES
Indicators have been broken out by TCC Project Component. Each CCI Project, Non-CCI Project,
and Transformative Plan has its own table. Note that some indicators are specific to an individual
CCI Project, and others are general indicators required for each Project Type.
All indicators listed below should be reported annually and after project close out and during the
performance period.
Specific Indicators for Project#2 — Fresno Economic Opportunities Commission (EOC)
Partnership for Energy Savings and GHG Reductions in Southwest SW Fresno
Indicator Data Source
Subtask: Install Solar on Residential Homes
Number of households contacted Project documentation (e.g., mailing lists)
Number of site visits conducted Project documentation (e.g. assessment records)
Number of applications received Project documentation (e.g., application records)
Number of applications approved Project documentation (e.g., application records)
Number of contracts executed Project documentation (e.g., contracting records)
Subtask: Install Energy Efficiency Measures /Target Homes
Number of outreach events attended Project documentation (e.g., event agendas)
Number of households contacted Project documentation (e.g., mailing lists)
Number of site visits conducted Project documentation (e.g. assessment records)
Number of applications received Project documentation (e.g., application records)
Number of applications approved Project documentation (e.g., application records)
Number of contracts executed Project documentation (e.g., contracting records)
General Indicators for all Low-Income Weatherization Program (LIWP) Projects
Number of solar PV systems installed by Project documentation (e.g., installation invoices)
building type
Installed solar photovoltaic capacity (kW) Project documentation (e.g., installation invoices)
Number of solar water heating systems Project documentation (e.g., installation invoices)
installed by building type
Number of fossil fuel based water heating Project documentation (e.g., installation invoices)
systems replaced by type
Number of energy efficiency measures Project documentation (e.g., installation invoices)
installed by type of measure and building
Number of site visits to assess energy Project documentation
efficiency potential by building type (e.g. assessment paperwork)
Number of site visits to assess solar PV Project documentation
potential by building type (e.g. assessment paperwork)
Number of site visits to assess solar water Project documentation
heating potential by building type (e.g. assessment paperwork)
Number of individuals trained on energy Project documentation (e.g. training records)
efficiency measures by building type
Number of individuals trained on solar PV Project documentation (e.g. training records)
maintenance by building type
Number of individuals trained on solar Project documentation (e.g. training records)
water heating system maintenance by
Specific Indicators for Non-CCI Project#20— EOC Partnership for Energy Savings and GHG
Reductions In SW Fresno: EFMP Plus-U Vehicle Replacement and Incentives
Indicator Data Source
Number of households referred to Valley Project documentation (e.g., referral forms)
CAN
Number of incentives distributed (by Project documentation (e.g., application records)
incentive type and amount)
Number of vehicles purchased (by vehicle Project documentation (e.g., application records)
make, model, and year)
Number of alternative transportation Project documentation (e.g., application records)
mobility options secured (by mobility option
Number of vehicles retired (by vehicle Project documentation (e.g., retirement records)
make, model, and year)
Number and location of electric vehicle Project documentation (e.g., installation invoices)
charging outlets installed by level of service
Number and location of electrical panel Project documentation (e.g., installation invoices)
upgrades
Number of enrollments in the PG&E Clean Project documentation (e.g., enrollment records)
Fuel Rebate Program
Specific Indicators for the Community Engagement Plan (CEP)
Indicator Data Source
Specific Indicators for the Community Engagement Plan will be developed after the plan is finalized
during the first quarter of the grant term.
General Indicators for the Community Engagement Plan (CEP) for a Specific Project and
overarching TCC Project Area
Number of community engagement events (e.g. flyers in different language, photos)
held [by language]
Number of stakeholders engaged at each Project documentation (e.g., sign in sheets)
event
Number of stakeholders engaged through Project documentation
the site's social media outreach (e.g., social media followers)
Number of materials distributed to Project documentation (e.g., mailing lists)
stakeholders (by language)
Total number of people directly served by Project documentation
TCC projects (e.g., project level registration lists)
Total number of volunteers who Project documentation
participated in project implementation (e.g., volunteer sign-in sheets)
Total number of people who provided Project documentation
commentary or input on the project (e.g., meeting minutes, written comments, etc.)
Specific Indicators for the Displacement Avoidance Plan (DAP)
Indicator Data Source
Specific Indicators for the Displacement Avoidance Plan will be developed after the plan is finalized
during the first quarter of the grant term.
General Indicators for Displacement Avoidance Plan (DAP)
Number of affordable units built under Project documentation
density bonus agreements (e.g., agreement paperwork)
Number of market rate units built under Project documentation
density bonus agreements (e.g., agreement paperwork)
Number of affordable units built under Project documentation (e.g., fee waivers)
reduced development impact fees
Number of market rate units built under Project documentation (e.g., fee waivers)
reduced development impact fees
Number of workshops to inform residents Project documentation (e.g., agendas)
about affordable housing opportunities
Number of residents engaged at Project documentation (e.g., sign-in sheets)
workshops about affordable housing
opportunities
Number of tenant's rights education Project documentation (e.g., agendas)
classes held
Number of residents participating in Project documentation (e.g., sign-in sheets)
tenant's rights education classes
Number of foreclosure prevention events Project documentation (e.g., agendas)
for homeowners and owners of multi-unit
dwellings (MUDs)
Number of homeowners and MUD owners Project documentation (e.g., sign-in sheets)
who attend/participate in foreclosure
prevention workshops
Number of site visits conducted to assess Project documentation (e.g., assessments)
the health and needs of businesses
Specific Indicators for the Workforce Development Plan (WDP)
Indicator Data Source
Specific Indicators for the Workforce Development Plan will be developed after the plan is finalized
during the first quarter of the grant term.
General Indicators for the Workforce Development Plan (WDP) for a Specific Project and
overarching TCC Project Area
Job Training and High-Quality Employment
Employment Activities
Number of jobs supported with TCC project Project documentation
funds, disaggregated by job quality and (e.g., budgets, subcontractor invoices, payroll systems,
access metrics5 certified payroll reports)
Final list of job quality and access metrics will be
provided by UCLA/ UCB in a supplemental form.
Number of implemented Community Project documentation (e.g., agreement records)
Benefits Agreements (CBA) / labor
agreements /community workforce
provisions that focus on high-quality
Job Training Activities
Number of job training opportunities Project documentation
instituted with partner employers (e.g., memorandums of understanding)
Number of resource events around training Project documentation (e.g., agendas)
opportunities
Number of individuals engaged at resource Project documentation (e.g., sign-in sheets)
events around job training opportunities
Number of individuals who apply for job Project documentation
training opportunities (e.g., job training applications)
Number of individuals enrolled in job Project documentation (e.g., enrollment paperwork)
training opportunities
Number of trainees that completed job Project documentation (e.g., training records)
training, disaggregated by training quality
and access metrics6 Final list of training quality and access metrics will be
provided by UCLA/ UCB in a supplemental form.
Job Placement Activities
Number of job placement arrangements Project documentation
instituted with partner employers (e.g., memorandums of understanding)
Number of resource events around job Project documentation (e.g., agendas)
placement opportunities
Number of individuals engaged at resource Project documentation (e.g., sign-in sheets)
events around job placement opportunities
Number of individuals who apply for job Project documentation
placement opportunities (e.g., job placement applications)
Number of job placement participants Project documentation (e.g., placement records)
placed in employment
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: Brian Anqus Title: Chief Executive Officer
Signature: Date:
7
Please attach a copy of the corresponding resolution, bylaws or authorizing document.
EXHIBIT S11: DESIGNATED PROJECT REPRESENTATIVE
DESIGNATED PROJECT REPRESENTATIVE FORM
Please identify the Partner's day-to-day Project Representative(s):
Name: Shawn Riggins Title: Local Conservation Corps Director
Signature: A4,I) Date:
Phone Number: (559) 264-1048 Email: shawn.riggins@fresnoeoc.org
Name: David Wear Title: Energy Services Director
Signature: Date:
Phone Number: (559) 263-1569 Email: david.wear@fresnoeoc.org
Name: Title:
Signature: Date:
Phone Number: Email:
EXHIBIT S12: TCC PROJECT AREA MAP
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TCC Project Area Boundary(4.92 square miles) — - - - ANNAIaALE AVE
- High Speed Rail Station and Intermodal Transit Center
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Disclaimer This map is believed to be an accurate representation of the City of Fresno GIS data,however we make no warranties either expressed or implied for correctness of this data
01-Chinatown Housing Project
05-Southwest Fresno Trail
06-Chinatown Urban Greening
08-Annadale Mode Shift
09-Mariposa Plaza
10-ERP Green Toddler Park
11-Southwest Urban Forest Expansion
12-Yosemite Village Pennaculture Community Garden and Urban Farm
13-Park at MILK Magnet Core
14-Inside Out Community Garden
15,16,17-Southwest Fresno Community Food Hub
18-Fresno City College:West Fresno Satellite
21-TCC Connector
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
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