HomeMy WebLinkAboutRES NO CLT003-2024003-4
RESOLUTION NO. - - --
A RESOLUTION OF THE BAKERSFIELD COMMUNITY LAND
TRUST TO APPROVE AND RATIFY AGREEMENT NO.2024-305
BEWTEEN THE CITY OF BAKERSFIELD AND SELF-HELP
ENTERPRISES TO - ADMINISTER AND OPERATE THE
BAKERSFIELD COMMUNITY LAND TRUST
WHEREAS, the Bakersfield Community Land Trust is a nonprofit public benefit
corporation organized exclusively for charitable purposes, within the meaning of
Section 501(c) (3) of the Internal Revenue Code of 1954; and
WHEREAS, the purpose of the Bakersfield Community Land Trust is to provide
assistance to the City of Bakersfield, California ("City") to ensure that its residents
are able to secure housing by, among other things, developing, constructing,
financing, managing, selling, renting, subsidizing, and monitoring single- and
multi- family housing, and to conduct or perform any ancillary or related activity
in furtherance of the foregoing; and
WHEREAS, on November 20, 2024, the City approved Agreement No. 2024-
305 between the City and Self -Help Enterprises (SHE) for SHE to administer and
operate the Bakersfield Community Land Trust ("Agreement"); and
WHEREAS, the Board of the Bakersfield Community Land Trust desires to
approve and ratify the Agreement for SHE to administer and operate the
Bakersfield Community Land Trust.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE BAKERSFIELD
COMMUNITY LAND TRUST RESOLVE AS FOLLOWS:
1. The above recitals are true and correct and incorporated herein.
2. The Bakersfield Community Land Trust hereby approves and ratifies
Agreement No. 2024-305 between the City and Self -Help Enterprises as
shown in Exhibit "A" attached hereto and made part of this Resolution.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Board of the Bakersfield Community Land Trust at a special meeting
thereof held on DFC 1 7 797k , by the following vote:
YES:. BOARD DIRECTOR FREEMAN, GONZALES, SMITH
NOES: BOARD DIRECTOR
ABSTAIN: BOARD DIRECTOR
ABSENT: BOARD DIRECTOR
t
J lie Drimakis, Secretary
Bakersfield Community Land Trust
APPROVED AS TO CONTENT:
BAKERSFIELD COMMUNITY LAND TRUST
By:
CHRISTIAI LEGG
President
APPROVED AS TO FORM:
BAKERSFIELD COMMUNITY LAND TRUST
y: ?71
J SH UA H. RUDNICK Keneral Counsel
Attachment: Exhibit A
JHR:ag
S:\Economic &CommunityDevelop\Bakersfield Community Land Trust\ Resos\24-25\Reso. BC LT
(ApproveAgmt).docx
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Exhibit A
AGREEMENT NO. 20 2 4+ 305
AMERICAN RESCUE PLAN ACT (ARPA)
BAKERSFIELD COMMUNITY LAND TRUST (BCLT)
ADMINISTRATION AND IMPLEMENTATION PROJECT
This AGREEMENT is made and entered into on NUU 2 0 2024 , by
and between the CITY OF BAKERSFIELD, a California charter city and municipal
corporation ("CITY" herein) and SELF-HELP ENTERPRISES (SHE), a California non-
profit, public -benefit corporation ("SUBRECIPIENT" herein).
RECITALS
WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the
U.S. Senate -amended H.R. 1319 (P.L. 117-2), known as the American Rescue Plan
Act (hereinafter "ARPA"); and
WHEREAS, ARPA established the Coronavirus State Fiscal Recovery Fund
and Coronavirus Local Fiscal Recovery Fund, which together make up the
Coronavirus State and Local Fiscal Recovery Funds (hereinafter "SLFRF") program;
and
WHEREAS, the SLFRF program is intended to provide support to State, local,
and Tribal governments in responding to the economic and public health impacts
of COVID-19 and in their efforts to contain impacts on their communities,
residents, and businesses; and
WHEREAS, on May 10, 2021, the U.S. Department of the Treasury (hereinafter
"TREASURY") issued the Interim Final -Rule to implement ARPA in Title 31, Part 35 of
the Code of Federal Regulations (hereinafter "CFR"); and
WHEREAS, on January 27, 2022, TREASURY adopted the interim rule
published on May 10, 2021, with amendments as the final rule; and
WHEREAS, under the final rule, 'recipients may use SLFRF for capital
expenditures that support an eligible COV1D-19 public health or economic
response, such as the construction of affordable housing for very -low, low- and
moderate -income households; and
WHEREAS, CITY received $94,000,000 in SLFRF funding to address the
negative impacts of COVID-19; and
WHEREAS, CITY has committed approximately $6,500,000 in SLFRF to create
housing opportunities for low- and moderate -income families within City limits;
and
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WHEREAS, on October 11, 2023, City Council authorized the establishment
and . formation of the Bakersfield Community Land Trust (BCLT) to support and
steward families by ensuring homes remain affordable in perpetuity; and
WHEREAS, on October 8, 2024, CITY issued a Request for
Qualifications/Request for Proposals (RFQ/RFP) to procure an Operator for the
administration and operation of the BCLT; and
WHEREAS, staff evaluated three (3) proposals from interested parties
requesting funds; and
WHEREAS, the BCLT Administration and Implementation Project ("PROJECT"
hereinafter) proposal submitted by Self -Help Enterprises (SHE) was rated first
among the applications reviewed by staff; and
WHEREAS, CITY has determined that SUBRECIPEINT's PROJECT is an eligible
use of funds under ARPA and the final rule; and
WHEREAS, CITY desires to utilize SLFRF to support the PROJECT.
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and
SUBRECIPIENT mutually agree as follows:
1. SCOPE OF WORK. In exchange for the compensation (defined below),
SUBRECIPIENT shall perform the following: Establish BCLT operations; develop
a housing and expenditure plan for ARPA funding; develop affordable
housing through the acquisition and buy -down of single- or multi -family
properties; rehabilitation and construction of City -owned infill vacant lots;
and develop a strategy for long-term sustainability of the BCLT, as more
specifically described in Exhibit "A," attached hereto and incorporated
herein by reference as if set forth in full.
Scope of the Work as it relates to the administration and operation of the
BCLT shall specifically comply with the requirements set forth in 2 CFR Part
200, 2 CFR Part 200.401(a) and 2 CFR Part 200.501(a).
The Scope of Work shall include all items and procedures necessary to
properly complete the work SUBRECIPIENT has been hired to perform,
whether specifically included in the Scope of Work or not.
2. COMPENSATION/PAYMENT PROCEDURE. It is expressly agreed and
understood that the total amount paid by CITY to SUBRECIPIENT under this
Agreement shall not exceed SIX MILLION FIVE HUNDRED THOUSAND DOLLARS
($6,500,000).
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2.1. Disbursement of Funds. CITY shall not be obligated to disburse, or pay to,
SUBRECIPIENT or any third party, any funds until and after CITY receives
grant funds from the federal government. If CITY does not receive such
funds, CITY or SUBRECIPIENT, at its option, may terminate this Agreement
without any liability to the other. SUBRECIPIENT shall not be entitled to
any damages from CITY and CITY shall not be entitled to any remedy
against SUBRECIPIENT if either terminates the Agreement, even if
SUBRECIPIENT, CITY or any third party has detrimentally relied upon this
Agreement.
2.1.1. SUBRECIPIENT shall conform to the "time frame" as set forth in
Exhibit "A," attached hereto and incorporated herein by
reference. SUBRECIPIENT shall pay for any and all costs greater
than SIX MILLION FIVE HUNDRED THOUSAND DOLLARS
($6,500,000).
2.2. Eligible Claims for Payment. CITY agrees to pay eligible claims for
payment to SUBRECIPIENT within thirty (30) days after CITY receives an
eligible claim for payment as set forth herein, and a properly designated
SUBRECIPIENT official certifies the claim.
2.3. Methdd of Payment. SUBRECIPIENT shall request all payments in
accordance with 2 CFR 200.305(b)(3). Other allowable payment
methods under 2 CFR 200.305(b) are subject to CITY approval before
SUBRECIPIENT may request payment under those circumstances.
SUBRECIPIENT shall properly itemize and document claims for payment
to clearly show the items, tasks, or services for which SUBRECIPIENT claims
reimbursement, as well as describing to which of the activities the
payment is related. SUBRECIPIENT shall also describe the basis for
computation: cost per hour, cost per weight, cost per task, or other
measurement as CITY may specify. CITY may review the claim for
completeness and accuracy and may refuse to pay any claim until
explained to CITY's satisfaction. SUBRECIPIENT shall submit adequate
documentation in accordance with 2 CFR 200.403(g), and 2 CFR 200.302
to CITY to determine cost eligibility and allowance.
2.3.1. All amounts requested by SUBRECIPIENT shall conform to the
restrictions of 2 CFR 200.400, 2 CFR 200.305(b) and the
requirements set forth in Exhibit "B," attached hereto and
incorporated by reference and entitled "Invoicing".
3. TERM. The Term of this Agreement shall begin upon execution of this
Agreement by all parties and end on December 31, 2026.
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4. COMPLIANCE WITH ALL LAWS. SUBRECIPIENT shall, at SUBRECIPIENT's sole cost,
comply with all of the requirements of Municipal, State, and Federal
authorities now in force, or which may hereafter be in force, pertaining to this
Agreement, and shall faithfully observe in all activities relating to or growing
out of this Agreement all Municipal ordinances and State and Federal
statutes, rules or regulations, and permitting requirements now in force or
which may hereafter be in force including, without limitation, obtaining a City
of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter
5.02) where required.
5. DIRECTION. SUBRECIPIENT retains the right to control and direct the strategy
for developing infill lots and performing property buy downs to meet BCLT
goals and ARPA expenditure requirements and deadlines.
6. KEY PERSONNEL. SUBRECIPIENT shall name all key personnel to be assigned to
perform the Scope of Work. All key personnel shall be properly licensed and
have the experience to perform the work called for under this Agreement.
SUBRECIPIENT shall provide background for each of the key personnel
including, without limitation, resumes and work experience performing work
similar to the Scope of Work. CITY reserves the right to approve key personnel.
Once the key personnel are approved, SUBRECIPIENT shall not change such
personnel without CITY's written approval.
7. LICENSES. SUBRECIPIENT shall, at its sole cost and expense, keep in effect or
obtain at all times during the term of this Agreement any licenses, permits
and approvals which are legally required for SUBRECIPIENT to practice its
profession and perform the Scope of Work. If SUBRECIPIENT is a corporation,
at least one officer or key employee shall hold the required licenses or
professional degrees. If SUBRECIPIENT is a partnership, at least one partner
shall hold the required licensees or professional degrees.
8. SUBRECIPIENT'S OBLIGATIONS. In addition to the terms stated herein,
SUBRECIPIENT shall comply with the following Federal and State laws and
regulations:
8.1. Laws and Regulations.
8.1.1. Federal. SUBRECIPIENT shall comply with the Act, any
amendments, Federal regulations, and guidelines now or
hereafter enacted pursuant to the Act, terms of the Grant to
CITY now or hereafter in effect, and CITY's regulations now or
hereafter enacted to facilitate administration of the Grant, or
any other statute, regulation, or guideline applicable to the
Program. SUBRECIPIENT shall become familiar with the
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appropriate statues, regulations, and guidelines governing the
Grant program.
8.1.2. California. SUBRECIPIENT shall comply with all provisions of
California law applicable to this Agreement.
8.1.3. Independent Contractor. SUBRECIPIENT understands and agrees
that it is an "independent contractor" with respect to the services
to be performed under this Agreement. SUBRECIPIENT is not an
agent or employee of CITY or the BCLT for any purpose and is
not entitled to any of the benefits provided by CITY or the BCLT
to its employees. CITY and BCLT shall be exempt from payment
of all Unemployment Compensation, FICA, retirement, life
and/or medical insurance and Workers' Compensation
Insurance. This shall not be construed as forming a partnership
or any other association with SUBRECIPIENT other than that of an
independent contractor.
9. Indemnification. SUBRECIPIENT shall indemnify, defend, and hold harmless
CITY and BCLT, their directors, officers, agents, and employees against any
and all liability, claims, actions, causes of action or demands whatsoever
against them, or any of them, before administrative orjudicial tribunals of any
kind whatsoever, arising out of, connected with, or caused by SUBRECIPIENT,
SUBRECIPIENT's employees, agents, independent contractors, companies, or
subcontractors in the performance of, or in any way arising from, the terms
and provisions of this Agreement whether or not caused in part by a party
indemnified hereunder, except for CITY's or BCLT's sole active negligence or
willful misconduct.
10. Insurance. In addition to any other insurance or bond required under this
Agreement, SUBRECIPIENT shall procure and maintain for the duration of this
Agreement the following types and limits of insurance ("basic insurance
requirements" herein):
10.1. Automobile liability insurance, providing coverage on an occurrence
basis for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:
10.1.1. Provide coverage for owned, non -owned and hired autos.
10.2. Broad form commercial general liability insurance, unless otherwise
approved by the CITY's Risk Manager, providing coverage on an
occurrence basis for bodily injury, including death, of one or more
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persons, property damage and personal injury, with limits of not less
than One Million Dollars ($1,000,000) per occurrence; and the policy
shall:
10.2.1. Provide contractual liability coverage for the terms of this
Agreement.
10.2.2. Provide products and completed operations coverage.
10.2.3. Contain an additional insured endorsement in favor of CITY, its
mayor, council, officers, agents, employees and volunteers,
and BCLT, its board directors, officers, agents, employees, and
designated volunteers.
10.3. All policies shall be written on a first -dollar coverage basis or contain a
deductible provision. Subject to advance approval by the CITY,
SUBRECIPIENT may utilize a Self -Insured Retention provided that the
policy shall not contain language, whether added by endorsement or
contained in the Policy Conditions, that prohibits satisfaction of any
Self -Insured provision or requirement by anyone other than the Named
Insured, or by any means including other insurance or which is
intended to defeat the intent or protection of an Additional Insured.
10.4. Workers' compensation insurance with statutory limits and employer's
liability insurance with limits of not less than One Million Dollars
($1,000,000) per occurrence; and the policy shall contain a waiver of
subrogation in favor of CITY, its mayor, council, officers, agents,
employees and designated volunteers, and BCLT, its board directors,
officers, agents, employees, and designated volunteers.
10.5. Except for professional liability, all policies required of SUBRECIPIENT
shall be primary insurance as to CITY, its mayor, council, officers,
agents, employees or designated volunteers, and any insurance or
self-insurance maintained by CITY shall be excess of SUBRECIPIENT's
insurance and shall not contribute with it.
10.6. Except for workers' compensation, insurance is to be placed with
insurers with a Bests' rating as approved by CITY's Risk Manager, but in
no event less than A-:VII. Any deductibles, self-insurance retentions or
insurance in lesser amounts, or lack of certain types of insurance
otherwise required by this Agreement, or insurance rated below Bests'
A-:VII, must be declared prior to execution of this Agreement and
approved by CITY in writing.
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10.7. Unless otherwise approved by CITY's Risk Manager, all policies shall
contain an endorsement providing CITY with thirty (30) days written
notice of cancellation or material change in policy language or terms.
All policies shall provide that there shall be continuing liability thereon,
notwithstanding any recovery on any policy. Copies of policies shall
be delivered to CITY on demand.
10.8. The insurance required hereunder shall be maintained at all times
during the term of this Agreement or any extension thereof.
10.9. SUBRECIPIENT shall furnish CITY's .Risk Manager with a certificate of
insurance and required endorsements evidencing the insurance
required. The CITY may withdraw its offer of contract or cancel this
contract if certificates of insurance and endorsements required have
not been provided prior to the execution of this Agreement. .
10.10. Full compensation for all premiums which the SUBRECIPIENT is required
to pay on all the insurance described herein shall be considered as
included in the prices paid for the various items of work to be
performed under the Agreement, and no additional allowance will be
made therefore or for additional premiums which may be required by
extensions of the policies of insurance.
10.11. It is further understood and agreed by SUBRECIPIENT that its liability to
CITY shall not in any way be limited to or affected by the amount of
insurance obtained and carried by SUBRECIPIENT in connection with
this Agreement.
10.12. Unless otherwise approved by CITY, if any part of the work under this
Agreement is subcontracted, the "basic insurance requirements" set
forth above shall be provided by, or on behalf of, all subcontractors
even if CITY has approved lesser insurance requirements for
SUBRECIPIENT.
11. ADMINISTRATIVE REQUIREMENTS.
11.1. Uniform Requirements.
11.1.1. SUBRECIPIENT agrees to comply with all applicable components
of 2 CFR 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, as
enumerated in 2 CFR 200.400 and 2 CFR 200.500.
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11.2. Financial Mana eq_ment.
11.2.1. Accounting Standards. SUBRECIPIENT agrees to comply with 2
CFR Part 200 and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all
costs incurred.
11.2.2. Cost Principles. SUBRECIPIENT shall administer its program in
conformance with 2 CFR 200.400, "Cost Principles."
11.2.3. Documentation and Record Keeping.
11.2.3.1. Records to be Maintained. SUBRECIPIENT shall
maintain all records required by the Federal
regulations specified in 2 CFR 200.334 that are
pertinent to the activities to be funded under this
Agreement. Such records include, but are not limited
to:
11.2.3.1.1. Records providing a full description of
each activity undertaken, services
provided, and eligibility for participation
in the program; and
11.2.3.1.2. Records required to determine the
eligibility of activities; and
11.2.3.1.3. Records required to document the
acquisition, improvement, use or
disposition of real property acquired or
improved with Grant assistance; and
11.2.3.1.4. Records documenting compliance with
the fair housing and equal, opportunity
components of the Grant program; and
11.2.3.1.5. Financial records as required by 2 CFR
200.300, 2 CFR 200.400, and 2 CFR
200.500; and
11.2.3.1.6. Other records necessary to document
compliance with 2 CFR 200 Appendix XI.
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11.2.3.2. Retention. SUBRECIPIENT shall maintain files containing
information which shall clearly document all activities
performed in conjunction with this Agreement,
including but not limited to, financial transactions,
conformances with assurances and activity reports.
These records shall be retained by the Subrecipient for
a period of three (3) years after the completion of the
project.
11.2.3.3. Property Records. SUBRECIPIENT shall accept title to
and be responsible for the maintenance and
operation of the improvements made under this
Agreement.
11.2.3.3.1. SUBRECIPIENT shall maintain real property
inventory records which clearly identify
properties purchased, improved, or sold.
Properties retained shall continue to meet
eligibility criteria and shall conform with
the "changes in use" restrictions specified
in 2 CFR 200.300 as applicable.
11.2.3.4. Close -Outs. SUBRECIPIENT's obligation to CITY shall not
end until all close-out requirements are completed.
Activities during this close-out period shall include, but.
are not limited to, making final payments, disposing of
program assets (including the return of all unused
materials, equipment, unspent cash advances,
program income balances, and accounts receivable
to CITY), reporting all beneficiary information and
project milestones as needed to document a national
objective has been met and the obligations of the sub
recipient agreement has been completed, and
determining the custodianship of records. Further,
SUBRECIPIENT shall take all steps required in 2 CFR
200.344.
11.2.3.5. Audits and Inspections. All SUBRECIPIENT records with
respect to any matters covered by this Agreement
shall be made available to CITY, its designee or the
Federal Government, at any time during normal
business hours, as often as CITY deems necessary, to
audit, examine, and make excerpts or transcripts of all
relevant data. Any deficiencies noted in audit reports
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must be fully cleared by the SUBRECIPIENT within 30
days after receipt by it. Failure of SUBRECIPIENT to
comply with the above audit requirements will
constitute a violation of this Agreement and may
result in the withholding of future payments. To the
extent required by law, SUBRECIPIENT agrees to have
an annual audit conducted in accordance with
current CITY policies concerning subrecipient audits
and, as applicable, 2 CFR 200.500.
11.3. Reports and Payment Procedures.
11.3.1. Program Income. SUBRECIPIENT shall report annually all program
income as defined under 2 CFR 200.307(e)(1) generated by
activities carried out with ARPA funds made available under this
Agreement. Program income must be deducted from total
allowable costs to determine the net allowable costs. Program
income must be used to reduce the Federal award by the
Federal agency and SHE as opposed to increasing the award of
the project. All program income, if generated shall remain within
or be distributed to the BCLT.
11.3.2. Indirect Costs. If indirect costs are charged, SUBRECIPIENT will
develop an indirect cost allocation plan for determining its
appropriate share of administrative costs and shall submit such
plan to CITY for approval and in accordance with the nonprofit
organization indirect cost negotiation agreement between SHE
and the United States Department of the Interior dated August
17, 2023 attached hereto and incorporated by reference herein
as Exhibit "C".
11.3.3. Progress Reports. SUBRECIPIENT shall submit quarterly Progress
Reports identifying completed milestones to the CITY or when
requested. Progress reports shall be in the form and content as
required by CITY.
11.4. Personnel and Participant Conditions
11.4.1. Non-discrimination Requirements. Under any related
agreements or contracts, SUBRECIPIENT shall provide that no
person, on the grounds of race, color, national origin, religion,
gender, or physical handicap, shall be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or
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in .part with ARPA Program funds. In addition, ARPA Program
funds must be made available in accordance with the
following:
11.4.1.1. The requirements of discriminatory conduct, 2 CFR
200.300.
11.4.2. Equal Employment Opportunity (Non-discrimination Clause).
SUBRECIPIENT shall not discriminate against any employee, or
applicant for employment, because of race, color, religion, sex,
national' origin, age, disability, or sexual orientation.
SUBRECIPIENT shall take affirmative action to ensure that
applicants for employment and employees are treated during
employment, without regard to race, color, religion, sex,
national origin, age, disability, or sexual orientation. Such action
shall include, but not be limited to, the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including
apprenticeship. SUBRECIPIENT shall post in conspicuous places,
available to employees and applicants for employment, notices
to be provided by CITY setting forth the provisions of this
nondiscrimination clause. SUBRECIPIENT shall state that all
qualified applicants will receive consideration for employment
without regard to race, color, religion, gender, national origin,
age, disability, or sexual orientation.
11.4.3. Women- and Minority -Owned Business Enterprises.
SUBRECIPIENT agrees to abide by. the requirements and
regulations issued pursuant thereto at 2 CFR 200.321. The
foregoing requires the maximum practicable opportunity to
participate, in contracts funded in whole or in part with federal
funds, be provided to women- and minority -owned business
enterprises, as subcontractors and suppliers to contractors
performing work, or rendering services as prime contractors or
subcontractors, under federally funded procurement contracts.
11.4.4. Small Business Concerns. This Agreement is subject to the
requirements of the Small Business Act (15 USC 631 et seq.), as
amended, applicable to 2 CFR 200.321, and any applicable
rules and orders requiring aid, counseling, assistance, and
protection, insofar as possible, with, for, or of the interests of
small-business concerns in order to preserve free competitive
enterprise; and placement with small businesses of a fair
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proportion of the total federally -funded purchases, contracts
and services.
11.4.4.1. SUBRECIPIENT shall implement the specific small-
business policies herein below to further the goals of
the Small Business Act:
11.4.5. Equitable Opportunity. SUBRECIPIENT shall give small businesses
an equitable opportunity to compete for prime contracts and
subcontracts. SUBRECIPIENT shall include the applicable
"Utilization of Small Business Concerns and Small Disadvantaged
Business Concerns" clause in all contracts in connection with this
Activity in amounts which may exceed $10,000 except:
11.4.5.1. Contracts for personal services; and
11.4.5.2. Bidder mailing lists shall include established and
potential qualified small-business concerns; and
11.4.5.3. SUBRECIPIENT shall allow the maximum amount of time
practical for preparation and submission of bid and
proposals; and
11.4.5.4. SUBRECIPIENT shall establish realistic delivery
schedules to encourage small business participation;
and
11.4.5.5. . SUBRECIPIENT shall furnish applicable specifications,
plans, and drawings for bids and request for proposals
or information as to locations where they may be
obtained, or examined; and
11.4.5.6. SUBRECIPIENT shall treat equal low bids in accordance
with 2 CFR 200.320 (b); and
11.4.5.7. SUBRECIPIENT shall encourage subcontracting to
enroll small businesses; and
11.4.5.8. SUBRECIPIENT shall place small purchases (amounts
under $25,000) with small businesses whenever
appropriate; and
11.4.5.9. SUBRECIPIENT shall refer small businesses seeking
federal contracts, but lacking qualifications as
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contractors, to CITY and the Small Business
Administration for assistance as may be appropriate.
11.4.6. Federal Labor Standards Provisions. SUBRECIPIENT shall comply
with the requirements of the Secretary of Labor in accordance
with the Davis -Bacon Act as amended, the provision of Contract
Work Hours and Safety Standards. Act, the Copeland "Anti -
Kickback" Act (2 CFR 200 Appendix II (D)) and all other
applicable Federal, state, and local laws and regulations
pertaining to labor standards insofar as those acts apply to the
performance of this contract. SUBRECIPIENT shall maintain
documentation which demonstrates compliance with hour and
wage requirements of this part. Such documentation shall be
made available to CITY for review upon request.
11.4.6.1. Except with respect to the rehabilitation of residential
property designed for residential use for less than eight
families, SUBRECIPIENT, and all contractors engaged
under contracts in excess of $2,000 for the
construction, alteration, and/or repair of any building
or work financed in whole or in part with Federal funds
provided under this Agreement, shall comply with 2
CFR 200 Appendix II pertaining to such contracts and
the applicable requirements of the regulations
governing the payment of wages and the ratio of
apprentices and trainees to journeymen; provided,
that if wage rates higher than those required under
such regulations are imposed by state or local law,
nothing hereunder is intended to relieve SUBRECIPIENT
of its obligation, if any, to require payment of higher
rates. SUBRECIPIENT shall cause or require to be
inserted in full, in all such contracts subject to such
regulations, the clause, or any modification thereof,
set out in 2 CFR 200 Appendix II.
11.4.6.2. SUBRECIPIENT shall make no awards of contracts
under this Agreement to any contractor ineligible
under any applicable regulations of the Department
of Labor.
11.4.7. Use of Grant Funds for Religious Purpose. SUBRECIPIENT shall
permit no ARPA funds to be expended for the design,
construction, operation, or maintenance of any facility to be
used for sectarian instruction or as a place for religious worship,
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except in situations where such use is incidental and does not
favor one religious' group over another, as further described at
2 CFR 200.
11.4.8. Prohibited Interest of Officials and Employees. No member of or
delegate to the Congress of the United States, and no resident
commissioner, shall be admitted to any share or part of this
Agreement or to any benefit to arise from it. No member, officer
or employee of SUBRECIPIENT, or its designees or agents, no
member of CITY's Council or any other public official who
exercises any functions or responsibilities with respect to the
ARPA Program during their tenure, or for one year thereafter,
shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for work to be performed
pursuant to this Agreement and the requirements and
regulations of 2 CFR 200 Appendix II (C).
11.4.9. Lobbying. SUBRECIPIENT certifies, to the best of its knowledge
and belief, no Federally -appropriated funds have been paid or
will be paid, by or on behalf of SUBRECIPIENT, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress, in
connection with the awarding of any Federal contract, the
making of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
11.4.9.1. If funds, other than federally appropriated funds, have
been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract,
grant, loan or cooperative agreement (2 CFR
200.450) .
11.4.9.2. The undersigned shall require that the language of this
certification be included in the award documents for
all sub -awards at all tiers (including subcontractors,
sub -grants, and contracts under grants, loans, and
cooperative agreements) and that all sub -recipients
shall certify and disclose accordingly. Any person who
fails to abide the required certification shall be subject
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to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
11.5. Environmental Conditions.
11.5.1. Environmental Considerations. CITY and SUBRECIPIENT want to
assure that the policies of the National Environmental Policy Act
of 1969 (NEPA), as amended, and the California Environmental
Quality Act of 1970 (CEQA), as amended, are most effectively
implemented, CITY shall comply with 2 CFR 200 Appendix I
(D) (2) (iv) if triggered by the proposed project or additional
funding source, and CEQA review procedures (Title 14, Section
15000 et. seq. of the California Administrative Code) when
required.
11.5.2. Clean Air and Water Acts. This Agreement is subject to the
requirements of the Clean Air Act 2 CFR 200 Appendix II (G), as
amended, 42 USC 7401-7671 q.) et seq and the Federal Water
Pollution Control Act, as amended, 33 USC 1251 et seq.
11.5.3. Relocation Assistance and Acquisition Policies. This Agreement
is subject to the requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 2
CFR 200.306 (H)(1).
11.6. Reversion of Assets. Upon expiration the subrecipient shall transfer to
the recipient any ARPA funds on hand at the time of expiration and
any accounts receivable attributable to the use of ARPA funds.
12. CITY's OBLIGATIONS.
12.1. Copy of Regulations and Statutes. CITY will make available to
SUBRECIPIENT a copy of any regulation CITY enacts to facilitate
administration of said Program.
13. CITY'S REMEDIES. If SUBRECIPIENT fails to materially comply with the terms of
this Agreement, CITY, at its option, may suspend or terminate this Agreement
and may demand SUBRECIPIENT return all funds granted to SUBRECIPIENT
pursuant to this Agreement. The remedies provided in this Agreement are
cumulative and are in addition to any other remedies in law or equity which
may be available to CITY. The election of one or more remedies shall not bar
the use of other remedies unless the circumstances made the remedies
incompatible.
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13.1. Concurrent Remedy. No right or remedy herein conferred on or
reserved to CITY is exclusive of any other right or remedy herein or by
law or equity provided or permitted; but each shall be cumulative of
every other right or remedy given hereunder or now or hereafter
existing by law or'in equity or by statute or otherwise and may be
enforced concurrently therewith or from time to time.
14. MISCELLANEOUS.
14.1. No Waiver of Default. The failure of any party to enforce against
another party any provision of this Agreement shall not constitute a
waiver of that party's right to enforce such a provision at a later time
and shall not serve to vary the terms of this Agreement.
14.2. Binding Effect. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding upon, the parties to the Agreement
and their heirs, administrators, executors, personal representatives,
successors and assigns.
14.3. Merger and Modification. All prior agreements between the parties are
incorporated in this Agreement which constitutes the entire
Agreement. Its terms are intended by the parties as a final expression
of their agreement with respect to such terms as are included herein
and may not be contradicted by evidence of any prior agreement or
contemporaneous oral agreement. The parties further intend this
Agreement constitutes the complete and exclusive statement of its
terms and no extrinsic evidence whatsoever may be introduced in any
judicial or arbitration proceeding involving this Agreement. This
Agreement may be modified only in a writing approved by CITY
Council and signed by all the parties.
14.4. Corporate Authority. Each individual signing this Agreement on behalf
of entities represents and warrants that they are, respectively, duly
authorized to sign on behalf of the entities and to -bind the entities fully
to each and all of the obligations set forth in this Agreement.
14.5. Governing Law. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any
litigation arising in any way from this Agreement shall be brought in
Kern County, California.
14.6. Suspension and Termination. Any remedies taken by CITY for
noncompliance on part of SUBRECIPIENT and, termination to the
extent allowed by law shall follow 2 CFR 200.338-342 as enumerated.
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14.7. Termination of Agreement. CITY reserves the right to terminate this
AGREEMENT upon giving SUBRECIPIENT notice of intention to terminate
at least 30 days prior to the effective date of the termination. CITY shall
only convey to SUBRECIPIENT funds for work done prior to the effective
date of termination. This Agreement may be terminated by any party
upon 60 days written notice, served by mail or personal service, to all
other parties.
14.8. Notices. All notices relative to this Agreement shall be given in writing
and shall be personally served or sent by certified or registered mail
and be effective upon actual personal service or depositing in the
United States mail. The parties shall be addressed as follows, or at any
other address designated by notice:
If directed to CITY, addressed to:
City of Bakersfield
Economic & Community Development Department
1600 Truxtun Avenue, 3rd Floor
Bakersfield, California 93301
If directed to SUBRECIPIENT, addressed to:
Tom Collishaw, President/CEO
Self -Help Enterprises
8445 W. Elowin Ct,
Visalia, California 93291
14.9. Execution. This Agreement is effective upon execution. It is the
product of negotiation, and all parties are equally responsible for
authorship of this Agreement. Section 1654 of the California Civil Code
shall not apply to the interpretation of this Agreement.
14.10. Assignment. Neither this Agreement nor any rights, interests, duties,
liabilities, obligations or responsibilities arising out of, concerning or
related in any way to this Agreement (including, but not limited to,
accounts, actions, causes. of action, claims, damages, demands,
liabilities, losses, obligations, or reckonings of any kind or nature
whatsoever, for compensatory or exemplary and punitive damages,
or declaratory, equitable or injunctive relief, whether based on
contract, equity, tort or other theories of recovery provided for by the
common or statutory law) may be assigned or transferred by any
party. Any such assignment is prohibited and shall be unenforceable
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and otherwise null and void without the need for further action by the
non -assigning party or parties.
14.11. Negation of Partnership. CITY shall not become or be deemed a
partner or joint venture with SUBRECIPIENT or associate in any such
relationship with SUBRECIPIENT by reason of the provisions of this
Agreement. SUBRECIPIENT shall not for any purpose be considered an
agent, officer or employee of CITY.
14.12. Conflicts of Interest. SUBRECIPIENT stipulates that corporately, or
individually, the firm, its employees and sub -consultants have no
financial interest in either the success or failure of any project which is
dependent upon the result of the work prepared pursuant to this
Agreement and funds provided for herein (California Government
Code Section 1090).
14.13. Tax Numbers.
• SUBRECIPIENT's" Federal Tax Identification No. 94-1592676
" SUBRECIPIENT" is a corporation?Yes X No
(Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed the day and year first -above written.
"CITY"
CITY OF BAKERSFIELD
By:
KARfWdOH
Mayor
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By:
NIF, R M. BYERXJ
onomic &. Co unity
evelopment Director
SUBRECIPIENT"
SELF-HELP ENTERPRISES (SHE)
. CDoeuSlgnod by:
By.
3508fiC5
TOM COLLISHAW
President/CEO
(Additional Signatures on Following Page)
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APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
SHUA H. RUDNICK
puty City Attorney II
Insurance:
COUNTERSIGNED:
By:
A Y M KEEGAN
Finance Director
JHR/em
Attachments: Exhibit "A"
Exhibit "B"
Exhibit "C"
S:\Economic&Comm unityDevelop\Agr\24-25\SelfHelp EnterprisesSHE.docx
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EXHIBIT "A"
AMERICAN RESCUE PLAN ACT (ARPA)
BAKERSFIELD COMMUNITY LAND TRUST (BCLT)
ADMINITRATION L IMPLEMENTATION PROJECT
Scope of Work
Purpose
Self -Help Enterprises (SHE) proposal of the Bakersfield Community Land Trust (BCLT)
administration and implementation project takes a comprehensive approach
aimed at addressing the City's need for affordable housing. The initial phase will
focus on assessing the suitability of City -owned sites, in addition to identifying
other potential sites for development. By overlaying these sites with the Housing
and Community Development (HCD) Department and Tax Credit Allocation
Committee (TCAC) opportunity maps, SHE will ensure the inclusion of locations
that provide access to critical resources, such as employment opportunities,
schools, and public transportation, while also targeting economically depressed
areas in need of revitalization.
This strategy aligns with SHE's goal of providing equitable access to affordable
housing and promoting community choice and neighborhood renewal. Extensive
community engagement will be key throughout the process, with SHE working
closely with local government agencies, community organizations, and residents
to ensure that the project aligns with the needs and aspirations of the Bakersfield
community. Additionally, financial feasibility studies will identify viable funding
sources, including state and federal programs, to support the development of
these affordable housing projects. Ultimately, this approach aims to foster both
economic mobility and long-term neighborhood stability.
Community Outreach and Stakeholder Education
SHE is committed to ensuring diverse stakeholder participation, through a
comprehensive engagement strategy. This approach involves meetings with a
wide range of stakeholders, including prospective residents, neighbors, local
governments, nonprofits, community organizations, and builders, to gather
feedback and refine plans. SHE will work closely with the City of Bakersfield to
align project goals with the City's affordable housing objectives, navigate
regulatory requirements, and secure funding. To engage underserved
communities, SHE will conduct inclusive outreach activities, including open public
meetings with translation services, and provide resources to prepare prospective
buyers for homeownership. Promotional materials will be distributed via social
media, websites, and community partnerships. SHE will also implement an
inclusive marketing strategy targeting historically underrepresented groups such
as communities of color, individuals with disabilities, and non-English speakers,
with outreach through various media channels and partnerships with local
nonprofits and service providers. SHE will track the effectiveness of its outreach
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through data analysis, ensuring that all eligible individuals are informed and can
access housing and services. SHE will also focus on affordable rental housing
development and home rehabilitation, providing additional support through its
Resident Services. program.
Construction of Units
SHE is committed to constructing energy -efficient, sustainable housing in
compliance with California's Building Energy Efficiency Standards and the
California Building Code. To streamline the development process for the BCLT, SHE
will use existing single-family plans, reducing costs and expediting building permits
while analyzing sites and tailoring plans to unique needs.
SHE's implementation strategy includes assembling site information, engaging
with the City and BCLT, and filling vacancies on the BCLT Board. SHE will also
review existing legal documents, hire consultants as needed, and seek
construction financing for the project. Additionally, SHE will pursue CalHOME
funding, if desired, to support the initiative. These steps will facilitate the'successful
launch and development of housing on BCLT land.
Program Operations
SHE has identified three key operational areas for the BCLT project.
General Operations: SHE will be administering all BCLT meetings, including
developing agendas, distributing meeting packets, recording minutes, and
facilitating Board actions. SHE will also manage the BCLT's budget,
expenditures, legal structure, and required filings, either in-house or through
an approved subcontractor.
- Legal Structure: SHE will work with BCLT consultants and City staff to finalize
the legal framework for BCLT property sales, including creating an
operational manual, sales structure, and necessary documents, such as a
potential 99-year land lease model or equity -sharing provisions.
Long -Term Property Monitoring: SHE will leverage its expertise in Portfolio
Management, where it currently oversees over 2,100 loans. SHE will allocate
funds for pre -paid annual monitoring for five years, ensuring continued
oversight of residency, taxes, insurance, and loan delinquencies, while
providing support for defaults and sales even after the two-year contract
term ends.
Housing Plan
SHE has outlined several strategies to expand affordable homeownership
opportunities under the BCLT. These include Single -Family New Construction,
where SHE will build between 8-10 single-family homes, leveraging master plans
for future phases and exploring higher -density options like townhomes. SHE will
also provide affordable secondary financing to ensure homebuyer affordability if
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additional subsidies are needed. Through the Market Unit Buy -down Program, SHE
plans to acquire and rehabilitate market -rate units, converting them into
affordable homes, with a focus on high -opportunity areas of the City. The budget
for this effort is $1 million, aiming for approximately 8 single-family homes.
Additionally, SHE will engage in Housing Rehabilitation, particularly for properties
from tax -default sales, assessing the feasibility of refurbishing existing structures
and selling them under the BCLT.
Maximizina Density
SHE's approach to maximizing density includes using state housing laws like SB 35,
SB 423, and the State Density Bonus Law, which allow for higher -density
development and design flexibility. SHE will evaluate each site's neighborhood
context and use strategies such as zero lot line designs or attached housing
products to increase density while maintaining neighborhood character. All
options will be presented to the City and BCLT Board through a Site Feasibility
Assessment.
Potential Grants, Subsidies and Fundina
SHE plans to leverage several funding sources to enhance the impact of the BCLT
project with Bakersfield ARPA funds. SHE will secure a construction loan to cover
approximately 70% of the cost of building single-family homes on vacant City sites,
budgeting $465,000 for loan fees and interest over the two-year term. SHE will also
collaborate with the City to identify additional funding for deferred secondary
loans, such as the CalHOME program from the California Department of Housing
and Community Development (HCD). In addition, SHE will provide in -kind services
like homeownership counseling and financial ' literacy, and work with buyers to
access CaIHFA or other conventional loans approved by a California Community
Land Trust Network lender. While SHE is currently utilizing New Markets Tax Credits
(NMTC) for other housing projects, this funding source may be explored for the
BCLT in the future, with SHE offering technical expertise to plan for a potential
NMTC allocation.
Description
SHE will receive no more than $6,500,000 in American Rescue Plan Act (ARPA)
funds to establish BCLT operations, develop a housing and expenditure plan for
the ARPA funding, develop affordable housing through the acquisition and buy
down of single or multi -family properties, rehabilitation, and construction of City -
owned infill vacant lots, and strategy for long term sustainability of the BCLT within
the City limits.
Project Tasks
Task 1: Execute Agreement with City of Bakersfield
Task 2: Analysis and Assessments
- 2.1: Feasibility Analysis of City Infill Lots
- 2.2: Conditional Needs Assessments - Tax Default Properties
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- 2.3: Feasibility Summary and Project Recommendations
- 2.4: Predevelopment Project Management
Task 3: Community Engagement
Task 4: Financing and Construction of Single -Family Housing:
- 4.1: Construction Revolving Loan Fund
- 4.2: Construction Management
- 4.3: Equity Write -down
- 4.4: Construction Loan Fees and Interest
- 4.5: Develop and Submit Master Building Plans for City Approval
Task 5: Secondary Loans: new construction units and loan processing and
-packaging expenses
Task 6: Develop .and finalize legal structure for BCLT home sales.
Task 7: Identify and negotiate new home acquisition potential for Market Rate
Unit Buydown Program
Task 8: Maintenance and Repairs on existing Tax Default Properties/ vacant lots
Task 9: Construction on City Lots (estimate 8-10 homes)
Task 10: Transfer of BCLT Properties
Task .11: BCLT Administration-- Board Meetings, Minutes, Reporting, etc.
Task 12: Annual Monitoring: Ongoing for five (5) years
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Protect Milestones Timeline
Bakersfield Community Land Trust: Administration and Implementation
Project West— -
20214
'1 t ,r 1a25' a•t.t
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.'Feb •Ap
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,~Feb
.1a16
'Aug` +Oct 4:Nov
Dec
Jan
Mat'
May
Jun
Sept.
Oct
Nov'
Doc
'Jon
Ma
Apt
May
Jun
Jul•
Sept
Dec[
Task 1: Execute Contract with City of Bakersfield .
'+• .
Task 2: Feasibility and Assessments
Tmk 2.1: FeaslbIty Analysis of City Lots -
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Task 2.2: Conditional Needs Assessments Tax Default Properties
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Task 2.3: Feasibility Summary and Prole Recommendation;
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Task 2A: Predeveloprrent Prgeat Management
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Task 3: Community"agement
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Task 4: Financing and Com on of Single -Family Houfvtg _.
Task 4.1: Construction Revolving Loan Fund
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Tmk 4.2: Construction Management
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Test 42: Equity Write4awn
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Task4.4: Construction Loan Fees and Interest�:
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T 4.5: Develop and Submit Master Building Plow for City Approval
- - - A# "t„xtC..a;`•i
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Task 5: Secondary Loans•elther new camhuction units and loan processing an packaging expenses .
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Tars 6: Develop an fine legs s ature fa BCLT se es structure
..�5" _ s s s x'r'•r',r:. # ? •H 41 'A:
Task 7: Identify and negotiate new home acquisition potential fa Market Rate unit Buy -down Program
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.
Task B: Maintenance and Repairs on exBting Tax Default Properties
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Task 9: Cotuhuctlon on City lots lestlmate &10 homes}
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Task ID: Constar OI BCLT Properties
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Task 11: BCLT Adminhhalibr Board Mee logs, Minutes, Reporting, eta..
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err* ..t_.•s . .:�3._ s s L•ar . �w•. s'•..r'r '{ _ 4 t•;?�. 3.:•pM1 .•x:
Task 12.•AnnualMontiatrtg: OngdngfafhJe lSf yeah,%
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Bakersfield Land Trust Bud -get
Below is the proposed budget for the Bakersfield Community Land Trust
administration and implementation project. The budget is subject to change
based on feasibility analysis and assessments. All funds shall be completely
expended within the term of the Agreement, which completes December 31,
2026.
bu e f
PRANYW&M.—ITU irmptrollr�,! <5,. ti
Task 1: Execute Contract with City of Bakersfield
$0
Task 2.1: Studies, Reports, Engineering Review, CNA for hosting
Homes
$1
'Assumes the evaluation of 18 sites with an allocation of $5,000 per
site: $5,000 each for 5 existing structures
Task 2.2• Staff expenses, consultant fees [Site Feasibility Assessment
and Project Recommendations]
$ 25 000
Prepare feasibility analysis and recommendation on which projects -
should proceed; evaluate site specific risk and development
strategy for each site
Task 2.3: Predevelopment Project Management
$65,944
Manage projects through permits and entitlements
Task 3: Community Engagement
$50,000
Includes meeting supplies, facility fees, handouts and materials,
billed at cost of actual staff time to facilitate
Task 4: Financing and Construction of Single -Family Housing
Task 4.1: Construction Revolving Loon Fund
$900,000
Assumes 30% LTV on construction
Task 4.2 Construction Management
$100,000
SHE actual staff fees for construction management
Task 4.3 Equity Write -down
$404,056
10 homes at $40,406 each
Task 4.4 Construction Loan Fees and Interest
$465,OD0
Assumes 10 homes around $30Dkeach: 7% loanfor24 months
and 750bps
Task 4.5 Develop and Submit Master Building Plans for City Approval
$100,000
Task 5: Secondary Loans -either new construction units and loan
processing and packaging expenses.
$3,065,000
Assumes 2D-30 loans ranging from $80,0D0 to $160,000
Task 6: Develop and finalize legal structure for BCLT sales structure
[Legal
$50,000
Task 7: Market Unit Buy -down program
$1,000,000
Cost to acquire units, establish 99-year land lease, and transfer
housing unit to eligible BCLT participate [ncludes SHE staff time to
Task 8: Maintenance and Repairs on existing Tax Default Properties
$0
Budgeted for in other fine items
Task 9: Construction on City Lots
$0
Budgeted 1n Task 4
Task 10: Transfer BCLT Properties
$0
Agent fee included in sale of home
Task 11: BCLT Administration — Board Meetings, Minutes, Reporting
Etc.
$1 OD,000
Task 12: Annual Monitoring (5 years)
$50,000
Assumes 20 units at $500/year for 5 years
Total
$6,500,006
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Disbursement of Funds
The City agrees to pay Self -Help Enterprises (SHE), within 30 days after the City receives
a satisfactory invoice "Payment Request." The SUBRECIPIENT shall submit adequate
documentation in accordance with 2 CFR 200.403(g) and 2 CFR 200.302 to the City
for determining cost eligibility and allowance. SHE shall maintain open
communication regarding budget status and timelines to ensure funding is spent in
compliance with ARPA deadlines.
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EXHIBIT "B"
INVOICING
INVOICE PACKAGES
The invoice shall be generated by Self -Help Enterprises (SHE) and must include the
company letterhead, along with a cover page that outlines the tasks and projects
covered by the invoice.
No disbursement under this Agreement will be made upon receipt of an
acceptable invoice "Payment Request" duly executed by or on behalf of the
Self -Help Enterprises (SHE). . SHE must execute all Payment Request forms. A
completed Payment Request form must accompany all invoice packages. All.
invoice - packages shall be submitted to City's Economic and Community
Development Department or via email to ECD Project Manager. ECD Project
Manager for this project is Rogelio Martinez. The address for submittal is:
Economic and Community Development Department
City of Bakersfield
1600 Truxtun Ave, 3rd Floor
Bakersfield, CA 93301
Payment of any invoice shall be made only after receipt of a complete, .
adequately supported, properly documented, and accurately addressed
invoice. Invoices received by City that are not consistent with the approved
format will be cause for an invoice to be disputed. In the event of an invoice
dispute, City will notify SHE by initiating an "Invoice Dispute Notification". Payment
will not be made until the dispute is resolved and a corrected invoice submitted.
Failure to use the address exactly as provided above may result in return of the
invoice to SHE. Payment shall be deemed complete upon deposit of the
payment, properly addressed, postage prepaid, in the United States mail. All
invoices must be approved by City.
Notwithstanding any other provision of this Agreement, no disbursement shall be
required at any time or in any manner which is in violation of or in conflict with
federal or state laws, rules, or regulations.
SHE shall provide proof of payment to City for each invoice submitted for
payment under this Grant. If the Corporation is not able to demonstrate proof of
payment, City, at its discretion, may not issue a check.
The invoice shall contain the following information:
- The word "INVOICE" and a sequential invoice number should appear
in a prominent location at the top of the page(s); and
- Printed name of SHE, along with business address, including P.O. Box,
City, State, and Zip Code and Telephone Number; and
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The date of the invoice along with the number of the Agreement
upon which the invoice is based; and
The total amount due; this should be in a prominent location in the
lower right-hand portion of the last page and clearly distinguished
from other figures or computations appearing on the invoice; the
total amount due shall include all costs incurred by SHE under the
terms of this Agreement.
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EXHIBIT C
SENT Op
-- a United States Department of the Interior
OFFICE OF THE SECRETARY
Washington, DC 20240
.
Nonprofit Organization
Indirect Cost Negotiation Agreement
kIN:94-1592676
Organization:
Self -Help Enterprises
P.O. Box.6520
Visalia, CA 93290
Date: 08/17/2023
Report Number: 2023-0690
Filing ReE:
Last Negotiation Agreement
dated: 02/25/2022
The indirect cost rates contained herein are for use on grants, contracts, -and other agreements with the .Federal
Government to which PublieLaw93-638 and/or 2 CFR.Part200 apply s6bjeet to the limitationscontained in Section
H.A. of this agreement. The rates were negotiated .by the US. Department of the Interior, Interior Business Center,
and the subject organization in accordance with the authority contained in applicable regulations:
Section I: Rate
Start Date
End Date
Rate Type
Oft-aame'saf'e Mil
07/01/2023
06/30/2024
'Predeiermined
Indirect 20.25 % (A) All All Programs
RIMM
e�facanAlpplicaa
07/01/2024
06/3.0/2025
Predetermined
Indirect: 20.25 % (A) All All .Programs
(A) )3ase: Total direct salaries and wages, including fringe benefits. The rate applies to all programs. administered
by the non-federal entity. To determine the amount of indirect costs -to be billed under this agreement, direct salaries
and wages and related fringe benefits should be summed and multipliedby the rate. All other program costs should
be eliminated from the calculation.
Treatment of fringe benefits: Fringe benefits applicable to direct salaries and wages are treated as direct costs; fringe
benefits applicable to indirect salaries and wages are treated as indirect costs.
Treatment of paid absences: Vacation, holiday, sick leave, and other paid absences are included in salaries and
wages and are claimed on grants, contracts, and otheragreements.as part ofthe normal cost for the salaries and wages.
Separate claims for the costs of these paid absences are not made.
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Section 11:.General
A. Limitations: Use of the rate(s) contained in -this _agreement is subject to any -applicable statutory limitations:
Acceptance of the rate(s) agreed to .herein is predicated. upon these •conditions: (1) no costs: other than those
incurred by the, subject organization were included in its indirect cost rate proposal, (2) all such costs are the -legal
obligations of the granteelcoatractor, (3). similar types of costs have been accorded consistent treatment, and (4)
the same costs that have been.treated as indirect costs have not been claimed as direct costs (for example, -supplies
can be charged directly to aprogram or activity as long as these costs aze not part of the supply costs included in
the indirect cost pool for central administration):.
B. Audit: ,All. costs (direct and 'indirect, federal and non-federal) are subject to audit. Adjustments'to amounts .
resulting from audit of the -cost allocation platt,or indirect cost rate proposal upon which the negotiation_ df this
agreement was based will be compensated for in a subsequent negotiation:
C: Changes: The rate(s) contained in this agreement axe based on the accoonting. system in effect at the time the
proposal was submitted. Changes in the method of accounting for costs which affect the amount of reimbursement
resulting from use ofthe rate(s) in this agreement -may requirethe prior approval of the cognizant agency. Failure
to obtain such approval may result.in subsequent audit disallowance.
D. Rate Type:
1. Fixed Carryforward Rate: The :fixed car►yforward rate •is based on' an:estimate of the costs that will be
incurred during the period for -.which the rate applies. When the actual costs for such period "have been
determined, an'adjustment will be made to. the ratefor a future period, if necessary, to compensate for the
i differencebetween the costs used td establish the fixed, rate and the actual costs.
2. ' Provisional/Final Rate: 'Within six .(6)- months after year end, a. final indirect cost rate proposal must be
submitted based on actual costs. Billings and charges to contracts and grants muat.be adjusted if the final
rate varies from the provisional rate. If the final rate is greater than the provisional rate -and there are no funds
available to cover the additional indirect costs,. the- organization .may not recover all indirect costs.
Conversely, if the final.rate is less than the provisional rate, the organization will.be required to payback the.
difference to the funding agency.
3. Predetermined.Rate: A predetermined rate is an indirect cost rate applicable to a specified current or future,.
period; usually the organization's fiscal year. The rate is based on an estimate of the costs to be incurred
during the period. A predetermined rate is not subject to adjustment.
E:: Rate Extension: Only final and predetennined rates may -be eligible for consideration of rate extensions.
Requests for rate extensions of a current rate wil I be reviewed on a case-by-casse basis.. Man extension is granted,
-the non -Federal entity -may notxequest it rate review until the extension period ends. In the last year of.a rate
extension period; the non -Federal 'entity must submit a new rate proposal for the next fiscal period.
F. Agency Notification: Copies of this document maybe provided to other federal offices as a means of notifying
them of the agreement contained herein.
G. Record Keeping: - Organizations must maintain accounting records that demonstrate that each type of cost has
been treated consistently either as a direct cost or an indirect cost. Records pertaining to. the costs of program:
administration, such as salaries, travel, and related costs, should be kept on an -annual basis.
H. Reimbursement Ceilings: Grantee/contractor program agreements providing for ceilings on indirect cost rates
or reimbursement amounts are:sub*t-to the ceilings stipulated in the contract or grant agreements. Itthe ceiling
rate is higher than the negotiated rate in Section I of this agreement, the negotiated rate will be used to determine
the maximum allowable indirect costa
I. Use of Other -Rates: If any federal programs, are reimbursing indirect :costs to this grante0contractor by a
measure other than the approved; rates) in this agreement, the, grantee/contractor should credit such costs to the o�0 A1ztK':r
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Section II: General (continued).
affected programs, and the approved rate(s) should be used to identify the maximum amount of indirect cost
allocable to these programs.
J. Other:
1. 'The purpose of an indirect cost rate., is. to. facilitate :the allocation and billing.of,indirect costs, Approval of
the indirect cost rate does not mean that an organization can recover more than the actual: costs ofa particular
program or activity.
2. Programs received or initiated bytheorganization subsequent to the negotiation ofthis agreemei►tare subject
to the approved indirect cost xate(s) if the programs receive administrative support from the indirect cost
pool. It should be noted that this could result in an adjustment to a future rate.
3. This Negotiation Agreement is entered into under the terms of an Interagency Agreement between the U.S.
Department of the Interior and the cognizant agency. No presumption of federal cognizance over audits or
indirect cost negotiations arises as a result of this Agreement.
4. Organizations that have previously established indirect cost rates---6xclusive of the 10% de ntiniinis rate —
must submit a. new indirect cost proposal to the cognizant agency for indirect costs within six (6) months
after'the close of each fiscal year.
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Section III: Acceptance
Listed below are the signatures of acceptance for this agreement:
i
By the Nonprofit.Organization
By the Cognizant Federal Government Agency
Self -Help Enterprises
US Department of Agriculture - RHS
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Signature
Signature
David Ebenezer
Craig Wills
Name:
Name:
--Division Chief
indirect. Cost & Contract Audit Division
- CFO
Interior Business Center
- Title:
Title:
:8/18/2023
8/18/2023
Date
Date
Negotiatc&by: Mark Ramos
'Telephone: (916) 930-3818
Next,Proposal Due Date: 12131/2024 .
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