HomeMy WebLinkAboutCentral Unified School District Agreement Emergency Solutions Grant - 8-1-24ESG Agreement 2024 – 5/23/2024
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AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the 01 day of AUGUST, 2024, by and
between the CITY OF FRESNO, a California municipal corporation (CITY), and
CENTRAL UNIFIED SCHOOL DISTRICT, a public school district (RECIPIENT). CITY
and RECIPIENT are sometimes hereinafter referred to individually as a Party and
collectively as Parties.
CITY has received a grant commitment from the United States Department of Housing
and Urban Development (HUD) to administer and implement the Emergency Solutions
Grant (ESG) in the CITY of Fresno in accordance with the provisions of 24 CFR Part
576 et seq. and California law.
The purpose of the ESG grant is to provide assistance to the homeless and those at risk
of becoming homeless to quickly regain stability in permanent housing after experiencing
a housing crisis and/or homelessness within the CITY.
Then CITY issued a Notice of Funding Available (NOFA) on JANUARY 02, 2024 to solicit
for proposals with specific plans to provide eligible ESG services in the areas of
outreach, emergency shelter, homeless prevention assistance to households who would
otherwise become homeless, assistance to rapidly re-house persons who are homeless
and related indirect costs (up to a di minimus indirect rate of 10% of modified total direct
costs eligible under the ESG award). The contract award is contingent upon the following
conditions:
• The RECIPIENT is a member of the Fresno- Madera Continuum of Care.
• The RECIPIENT shall submit a quarterly ESG report to the City utilizing the
attached Quarterly Report template. The RECIPIENT shall select clients
through the Coordinated Entry System.
• The RECIPIENT must have a signed “Letter of Commitment” for matching
funds and a ledger at the time of the execution of the contract and be able
to demonstrate that they have access to matching funds for eligible activities
prior to contract execution.
• The RECIPIENT shall provide client evaluations to determine eligibility of
other applicable programs and permanent housing solutions.
In response to the NOFA, RECIPIENT submitted a Proposal which included a Scope of
Work and cost proposal (Budget) as described in Exhibits A and B respectively and
represents it is capable and qualified to meet all the requirements of the NOFA and this
Agreement.
Pursuant to CITY Resolution No. 24-457 the City Manager is authorized to execute ESG
Agreements, on behalf of the CITY, that are within available allocate ESG funding and
in a standard form approved by the City Attorney.
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions and premises hereinafter combined to be kept and performed by the
respective Parties, it is mutually agreed as follows:
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ARTICLE 1
DEFINITIONS. Wherever used in this Agreement or any of the contract documents, the
following words shall have the meaning herein given, unless the context requires a
different meaning.
A. “ACT” – 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant
and Consolidated Plan Conforming Amendments Interim Rule, published in the Federal
Register on December 5, 2011 (76 Fed. Reg. 75954).
B. “Administrator” and “Contract Administrator” shall mean the Manager of the
Community Development Division of the Planning and Development Department of
CITY or his or her designee.
C. “Bid Proposal” and “Proposal” shall mean RECIPIENT‘s response to the NOFA
including but not limited to the Budget, Scope of Work, certifications and all attachments
and addenda.
D. “Budget” shall mean RECIPIENT’s Cost Proposal submitted with the Bid
Proposal.
E. “City Manager” shall mean the City Manager of CITY.
F. “Comparable Database” shall mean a required database for providers of services
for victims of domestic which is compliant with HUD HMIS Data Standards.
G. “Contract” or “Contract Documents” shall mean and refer to this Agreement
including its exhibits and the NOFA and Bid Proposal with all attachments and addenda
thereto.
H. “ESG” shall mean the Emergency Solutions Grant as set forth in the ACT.
I. “General Conditions” or “General Requirements” shall mean the General
Requirements contained in the NOFA.
J. “Di Minimus Indirect Rate” shall mean 10% of modified total direct cost (MTDC)
and is further described at 2 CFR200.68 and CFR200.414(f) including referenced
appendices.
K. “HMIS” means the Homeless Management Information System. HMIS is the
information system designated by the local Continuum of Care (CoC) to comply with the
requirements of CoC Program interim rule 24 CFR 578. It is a locally administered data
system used to record and analyze client, service, and housing data for individuals and
families who are homeless or at risk of homelessness.
L. “HMIS Data Standards” serve as the foundation for database software
construction, data entry, analysis and reporting.
M. “HMIS System Administrator” shall mean the individual(s) whose job it is to
manage the HMIS implementation at the local level: enrolling programs and managing
appropriate use, supporting users through connection to, or direct provision of, user
training, and overseeing system setup.
N. “Modified Total Direct Cost” (MTDC) shall mean all ESG eligible direct salaries
and wages, applicable fringe benefits, materials and supplies, services, travel, and
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subawards and subcontracts up to the first $25,000 of each subaward or subcontract
regardless of the period of performance of the subawards and subcontracts under the
award. MTDC excludes equipment, capital expenditures, charges for patient care, rental
costs, tuition remission, scholarships and fellowships, participant support costs and the
portion of the subaward and subcontract in excess of $25,000. (2 CFR 200. 68).
O. “Program” shall mean services provided under the Federal funding source.
P. “Program Component” shall mean the five program components of: Street
Outreach, Emergency Shelter, Rapid Rehousing, Homelessness Prevention, and HMIS
as more fully described at 24 CFR 576.101 through 576.107. Administration of the
program is an activity and not a Program Component.
Q. “Program income” for the specific purpose of this Agreement shall be as defined
in the ACT. Unless otherwise provided for in the ACT, program income shall include any
and all gross income earned by or accruing to RECIPIENT in its pursuit hereof provided
that the term program income does not include rebates, credits, discounts or refunds
realized by RECIPIENT in its pursuit hereof.
R. “Project” shall mean the RECIPIENT’S operating name for distinct ESG Program
Component.
S. “NOFA” shall mean the Request for Proposal Number 2024-2025
CONSOLIDATED NOFA for the CITY of Fresno Emergency Solutions Grant dated
JANUARY 02, 2024 including without limitation the general requirements, bidding
requirements, all its attachments, appendices and addenda.
T. “Scope of Services or Services” shall mean those services submitted with
RECIPIENT’s bid proposal to be offered in fulfillment of the Program and included in
Exhibit A.
U. “Subaward” shall mean an award of City funds provided by the RECIPIENT to a
Subrecipient in order to carry out a part of RECIPIENT’s program, program component
and/or Project.
V. “Subcontract” shall mean a RECIPIENT’s agreement, with a vendor or
subcontractor, which is selected in accordance with the RECIPIENT’s board-approved
procurement policy and Federal procurement and contracting requirements at 2 CFR
200.318 through 200.326.
W. “Subrecipient” shall mean an entity that receives a Subaward from the
RECIPIENT to carry out a part of the program, program component and/or project, but
shall not include an individual that is a beneficiary of such program. A Subrecipient may
also be a Recipient of other grant awards directly from the CITY.
1. Contract Administration. This Agreement including all the Contract
Documents shall be administered according to the order of precedence set forth herein
for CITY by Administrator who shall be RECIPIENT’s point of contact and to whom
RECIPIENT shall report.
2. Scope of Services. RECIPIENT shall provide the Program in conformance
with the Contract Documents and perform to the satisfaction of CITY those services set
forth in Exhibit A and services necessarily related or incidental thereto even though not
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expressly set forth therein.
3. Effective Date and Term of Agreement. It is the intent of the Parties that
this Agreement be effective as of the date first set forth above as to all terms and
conditions of the Agreement. Services of RECIPIENT shall commence on AUGUST 01,
2024 and shall end JULY 31, 2025, which shall be the term of this Agreement, unless
terminated earlier as provided herein.
4. Compensation and Method of Payment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed ONE HUNDRED THIRTY-TWO THOUSAND DOLLARS
($132,000 (Grant Award)) for satisfactory performance of the services rendered
therefore and as set forth in Exhibit A attached hereto and incorporated herein.
Compensation is based on actual expenditures, supported by properly executed
payrolls, time records, invoices, contracts, vouchers, orders, or any other accounting
documents pertaining in whole or in part to this Agreement and shall be clearly identified
and submitted by the RECIPIENT to the CITY with each request for reimbursement. The
RECIPIENT’s request for reimbursement shall also be in accordance with the Budget
set forth in Exhibit B. It is understood that all expenses incidental to RECIPIENT’s
performance of services under this Agreement shall be borne by the RECIPIENT. If
RECIPIENT should fail to comply with any provisions of this Agreement, CITY shall be
relieved of its obligation for further compensation. Notwithstanding any payment
provisions herein, RECIPIENT’s failure to timely and properly submit required records
and reports set forth in this Agreement may be cause for CITY to suspend or delay
reimbursement payments to RECIPIENT.
a. Payments shall be made by the CITY to RECIPIENT in arrears for
services provided during the preceding month. Such payment by CITY shall be made in
the normal course of business, within 30 days after the date of receipt by CITY of a
correctly completed and supported invoice in accordance with the provisions of this
paragraph and shall be for the actual expenditures incurred by RECIPIENT in
accordance with Exhibit B. Payments shall be made after receipt and verification of
actual expenditures. All invoices are to be submitted to the CITY at the address given
for notices on the signature page hereof or at such address the CITY may from time to
time designate by written notice.
b. The Administrator may, in his or her sole discretion, agree in writing
to revise the payment schedule in subsection (a), above, upon RECIPIENT’s showing
that such will facilitate delivery of the services; provided, however, that total payments
under this Agreement shall not exceed the total amount provided for in subsection.
c. Any funds paid by CITY hereunder which remain unearned at the
expiration or earlier termination of the Agreement shall be, and remain in trust, the
property of CITY and shall be remitted to CITY within 10 days of expiration or earlier
termination of this Agreement. Any interest thereon must be credited to or returned to
CITY. Upon any dissolution of RECIPIENT, all funds advanced pursuant to this
Agreement and not expended shall be returned to CITY.
d. CITY will not be obligated to make any payments under this
Agreement if the request for payment is received by the CITY more than 60 days after
the date of termination of this Agreement or the date of expiration of this Agreement,
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whichever occurs first.
e. RECIPIENT understands and agrees that the availability of ESG
Funding hereunder is subject to the control of HUD and should the ESG Funding be
encumbered, withdrawn, or otherwise made unavailable to CITY whether earned or
promised to RECIPIENT and/or should CITY in any fiscal year hereunder fail to
appropriate said funds, CITY shall not provide said funds to RECIPIENT unless and until
they are made available for payment to CITY by HUD and CITY receives and
appropriates said Funds. No other funds owned or controlled by CITY shall be obligated
under this Agreement to the project(s). Should sufficient funds not be appropriated, the
Services provided may be modified, or this Agreement terminated, at any time by the
CITY as provided in section 10 below.
f. RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 of this Agreement.
5. Progressive Expenditure and Request for Payment Deadlines. In order to
expend the HUD ESG funding in a timely manner, the SUBRECIPIENT shall expend
25% of the Grant Award by October 31, 2024; 50% of the Grant Award by January 31,
2025; 75% of the Grant Award by April 30, 2025; and 100% of the Grant Award by July
31, 2025. SUBRECIPIENT shall make Progressive Reimbursement Request Deadlines
of eligible ESG expenditures within 30 days of the respective Progressive Expenditure
Deadlines. SUBRECIPIENT shall make reimbursement requests no later than 30 days
after Progressive Expenditure Deadlines as follows: a request for reimbursement of an
amount not less than 25% of the Grant Award’s allowed cost must be made by
November 30, 2024; a request for reimbursement of an amount not less than 50% of
the Grant Award’s allowed cost must be made by Febuary 28, 2025; a request for
reimbursement of an amount not less than 75% of the Grant Award’s allowed cost must
be made by May 31, 2025; and a request for reimbursement of an amount not less than
100% of the Grant Award’s allowed cost must be made by August 31, 2025. Failure to
meet the expenditure deadlines as outlined in Exhibit D will result in the recapture of an
amount equal to the difference between the required expenditure by the applicable
deadline and the actual expenditure by the deadline.
6. Matching Funds Requirements of RECIPIENT. RECIPIENT agrees to
match all ESG funding disbursed to it by CITY on a dollar-for-dollar basis. Donated
funds, material and labor may be used as matching funds. Time contributed by
volunteers shall be calculated pursuant to 42 CFR section 576.01 (e)(2) and any
subsequent amendments. RECIPIENT shall determine the value of donated material or
building space using a method based on fair market value. Other federal funds may be
used as matching funds unless expressly prohibited by law or contract. Unless otherwise
provided by applicable law or contract, matching funds shall be applied in furtherance of
the Scope of Work hereunder. Matching funds must be applied in furtherance of the
services hereunder to qualify.
7. Loss of Third-Party Funding. In the event any funding provided by a party
other than CITY for the Program or services being performed by RECIPIENT is
suspended, reduced or withdrawn, then Administrator may suspend this Agreement
immediately upon its receipt of notice thereof, or terminate this Agreement as provided
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in Section 10 below. RECIPIENT shall notify CITY in writing within seven days if any of
the following events occur:
a. Suspension, reduction or withdrawal of RECIPIENT'S funding by
other funding source(s).
b. Addition or resignation of any of RECIPIENT'S Board of Director
members.
c. Resignation or termination of any of RECIPIENT'S staff, including
those staff not funded by this Agreement but essential to the delivery of the services
listed in Exhibit A.
d. The Administrator may, in his or her sole discretion, stay such
suspension of the Agreement for a period not to exceed 30 days to allow RECIPIENT to
either (i) submit a new service or funding plan for evaluation by Administrator who may
accept or reject in his or her sole discretion, or (ii) complete an orderly phase out of
services. If the Administrator accepts such new service or funding plan, then such plan
will be subject to the requirements in Section 14 below.
8. Disposition of Program Income. Absent the CITY’s written consent, any
program income generated hereunder shall be used to reduce the CITY’s
reimbursement obligations hereunder, or in the absence thereof promptly remitted
entirely to the CITY.
9. Events of Default. When in the opinion of CITY, there is an occurrence of
any one or more of the following provisions it will represent an Event of Default for
purposes of this Agreement.
a. An illegal or improper use of funds.
b. A failure to comply with any term, covenant or condition of this
Agreement.
c. Report(s) are submitted to CITY which are incorrect or incomplete
in any material respect.
d. The services required hereunder are incapable of or are improperly
being performed by RECIPIENT.
e. Refusal of RECIPIENT to accept change under Section 17
f. RECIPIENT fails to maintain any required insurance.
g. There is a loss of third-party funding (see Section 7 above).
h. RECIPIENT files, or has filed against it, a petition of bankruptcy,
insolvency, or similar law, state or federal, of filing any petition or answer seeking,
consenting to, or acquiescing in any reorganization, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief, where such petition shall not have
been vacated within 14 days; or if adjudicated bankrupt or insolvent, under any present
or future statute, law, regulation under state or federal law, and judgment or decree is
not vacated or set aside within 14 days.
i. RECIPIENT’s failure, inability or admission in writing of its inability
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to pay its debts as they become due or RECIPIENT’s assignment for the benefit of
creditors.
j. A receiver, trustee, or liquidator being appointed for RECIPIENT or
any substantial part of RECIPIENT’s assets or properties, and not removed within ten
days.
k. RECIPIENT’s breach of any other material condition, covenant,
warranty, promise or representation contained in this Agreement not otherwise identified
within this Section.
10. Termination and Remedies. Upon the occurrence of an Event of Default,
CITY shall give written notice RECIPIENT of the Event of Default by specifying (1) the
nature of the event or deficiency giving rise to the default, (2) the action required to cure
the deficiency, if, in the sole discretion of CITY, any action to cure is possible, and (3) if
the Event of Default is curable, a date, which shall not be less than 30 calendar days
from the date of the notice, by which such deficiency must be cured, provided, however
that if such failure cannot be remedied in such time, RECIPIENT shall have an additional
30 days to remedy such failure so long as RECIPIENT is diligently and in good faith
pursuing such remedy.
a. This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT
and a failure to cure said Event of Default within the time specified in the notice of Event
of Default; (ii) seven calendar days prior written notice without cause by CITY to
RECIPIENT; (iii) CITY’S non-appropriation of funds sufficient to meet its obligations
hereunder during any CITY fiscal year of this Agreement, or insufficient funding for the
services provided by RECIPIENT; or (iv) expiration of this Agreement.
b. Immediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately stop all work hereunder; (ii) immediately cause any and
all of its subcontractors to cease work; and (iii) return to CITY any and all unearned
payments and all properties and materials in the possession of RECIPIENT that are
owned by CITY. Subject to the terms of this Agreement, RECIPIENT shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. RECIPIENT shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
c. Upon any breach of this Agreement by RECIPIENT, CITY may
i. exercise any right, remedy (in contract, law or equity),
or privilege which may be available to it under applicable laws of the State
of California or any other applicable law;
ii. proceed by appropriate court action to enforce the
terms of the Agreement; and/or
iii. recover all direct, indirect, consequential, economic
and incidental damages for the breach of the Agreement. If it is determined
that CITY improperly terminated this Agreement for default, such
termination shall be deemed a termination for convenience.
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d. In no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may
then exist on the part of RECIPIENT, nor shall such payment impair or prejudice any
remedy available to CITY with respect to the breach or default.
e. CITY expressly reserves the right to demand of RECIPIENT the
repayment to CITY of any funds disbursed to RECIPIENT under this Agreement which,
in the judgment of CITY, were not expended in accordance with the terms of this
Agreement, and RECIPIENT agrees to promptly refund any such funds within 10 days
of CITY’S written demand.
11. Indemnification. To the furthest extent allowed by law, RECIPIENT shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by CITY, RECEPIENT
or any other person, and from any and all claims, demands and actions in law or equity
(including reasonable attorney's fees, litigation expenses and cost to enforce this
agreement), arising or alleged to have arisen directly or indirectly out of performance of
this Agreement. RECIPIENT'S obligations under the preceding sentence shall apply
regardless of whether CITY or any of its officers, officials, employees, agents or
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused solely by the gross negligence, or caused by the
willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers.
If RECIPIENT should subcontract all or any portion of the work to be performed
under this Agreement, RECIPIENT shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
12. Insurance.
a. Throughout the life of this Agreement, RECIPIENT shall pay for and
maintain in full force and effect all insurance as required in Exhibit E or as may be
authorized in writing by CITY'S Risk Manager or his or her designee at any time and in
his or her sole discretion.
b. If at any time during the life of the Agreement or any extension,
RECIPIENT 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 RECIPIENT 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 RECIPIENT 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
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commenced against it, indicating that the insurer is insolvent.
c. The fact that insurance is obtained by RECIPIENT shall not be
deemed to release or diminish the liability of RECIPIENT, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify 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 RECIPIENT. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of RECIPIENT, its
principals, officers, agents, employees, persons under the supervision of RECIPIENT,
vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
13. On-Site Monitoring. Authorized representatives of HUD and/or the CITY
shall have the right to monitor the RECIPIENT’s performance under this Agreement.
Such monitoring may include inspection activities, review of records, and attendance at
meetings: RECIPIENT shall reasonably make its facilities, books, records, reports and
accounts available for CITY’s inspection in pursuit hereof.
This section 13 shall survive termination or expiration of this Agreement.
14. Records, Reports and Inspection.
a. RECIPIENT shall establish and maintain records in accordance
with all requirements prescribed by CITY, HUD and generally accepted accounting
principles, with respect to all matters covered by this Agreement. As applicable,
RECIPIENT shall comply with all applicable requirements of CFR Part 200 - Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, including the provision of a single audit (generally applicable where funding
from all federal sources in any fiscal year exceeds $750,000), and to such extent shall
submit to the CITY any applicable auditor’s reports and audited financial statements no
later than three months after the RECIPIENT’s fiscal year end.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
i. On a quarterly basis, RECIPIENT shall submit to CITY, a
report utilizing and completing the form attached as EXIBIT C – ESG Quarterly
Report. The report shall be submitted within thirty days of the close of each
quarter of the fiscal year for the duration of the Agreement. RECIPIENT shall
ensure the ESG grant funds provided by GRANTEE are clearly identified as a
subaward and include the following information:
• RECIPIENT NAME: Central Unified School District
• RECIPIENT ID (UEI #): ZVKGX82TLR3
• Federal Award Identification Number (ESG Grant #) E-24-MC-06-0001
• Federal Award Date:
• Period of Performance: August 01, 2024- July 31, 2025
• Federal Funds Obligated by this Agreement: $132,000
• Total Federal Funds Obligated to RECIPIENT: $132,000
• Total Amount of the Federal Award: $606,188
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• Federal Award project description: CUSD Student Services Rapid
Outreach
• Name of Federal awarding agency: Dept. of Housing Urban
Development
• Name of pass-through entity: CITY of Fresno, California
• Award Official Contact Information: Name and Address
• CFDA Number: 14.231
• CFDA Name: Emergency Solutions Grant
• Identification of R&D: No
• Indirect cost rate for the Federal award: Up to the di minimus 10% indirect
cost rate allowed by CITY of Fresno
ii. Annually, RECIPIENT shall submit a report on clients served
and activities assisted with ESG funds by uploading HMIS data within 10 days of
receipt of the HUD Sage hyperlink into the Sage HMIS Reporting Repository.
iii. RECIPIENT shall maintain all records required by the
Federal regulations specified in 24 CFR 576.500
iv. RECIPIENT shall retain such records for a period of five
years after receipt of the final payment under this Agreement or the earlier
termination of this Agreement, whichever occurs later. The records retention
period may be extended whenever:
a. any litigation, claim, or audit is started before the
expiration of the five-year period, the records must be retained until all
litigation, claims, or audit findings involving the records have been resolved
and final action taken.
b. the RECIPIENT is notified in writing by the CITY to
extend the retention period.
v. RECIPIENT is to prepare written financial statements, and
completed ESG Quarterly Report, each in the form attached hereto as Exhibit C
incorporated herein, each covering matters pertaining to the Scope of Services
contained in Exhibit A, to be submitted to CITY no later than the 30th of the
month following the end of each quarter hereunder for the duration hereof, absent
CITY’s prior written consent in cases of unusual circumstances as determined in
the sole discretion of the CITY.
b. During the life of this Agreement and for a period of five years after
receipt of the final payment under this Agreement or the earlier termination of this
Agreement, whichever occurs later, RECIPIENT shall, at any time during normal
business hours and as often as CITY and/or HUD or the authorized representative of
either CITY or HUD may deem necessary, make available to them or any one of them,
within the CITY of Fresno, such statements, records, reports, data and information as
they may request pertaining to matters covered by this Agreement and permit them or
any one of them to audit and inspect all records, invoices, materials, payrolls, records of
personnel, conditions of employment, and other data relating to all matters covered by
this Agreement. RECIPIENT shall also permit and cooperate with on-site monitoring
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and personal interviews of participants, RECIPIENT'S staff, and employees by
Administrator and other CITY and/or HUD representatives.
c. The RECIPIENT is required to participate in the Fresno Madera
Continuum of Care (FMCoC). Participation is defined as attendance of the Member or
the Alternate Member at a minimum of 75% of all FMCoC Director’s meetings.
RECIPIENT’s attendance shall be confirmed through the Board-approved minutes of the
FMCoC Board of Directors’ meeting. Recipient shall attach the most currently available
monthly minutes of the FMCoC are to be attached to the ESG Quarterly Report.
d. The RECIPIENT is required to collect and report client-level data in
accordance with HUD Office of Special Needs Assistance Programs (SNAPS) HMIS
Data Standards, to the local HMIS operated by the Housing Authorities of the CITY and
County of Fresno through a Memorandum of Understanding with the FMCoC or
comparable databases are required for use by providers of services for victims of
domestic violence, as described in the Violence Against Women Act (VAWA). Reporting
into the HMIS database or allowed comparable database is a requirement of ESG
funding. RECIPIENT reporting must be consistent in format and data element structure
with the Fresno Housing Authority HMIS Program Policies and Procedures Manual and
the HUD HMIS Data Standards and Data Dictionary current at the execution of this
Agreement. The comparable database will be maintained by the RECIPIENT and used
to collect data and report on outputs and outcomes as required by HUD.
e. If RECIPIENT is a legal services or domestic violence victim
services RECIPIENT, requiring client-level information to remain confidential, they will
be required to establish a comparable client-level database internal to its organization
(e.g. no identifying data shared with the HMIS or the CITY and will provide only
aggregate data to the CITY as required). RECIPIENT will work with the HMIS System
Administrator to determine that the alternative database meets the standards for
comparable client-level databases, including compliance with the HMIS Data Standards
which are acceptable to HUD and the CITY.
f. All data elements specified above in 14(e) must be recorded for
each ESG project in HMIS and the fields needed to correctly generate the performance
reports are required to be collected in the comparable database.
g. The RECIPIENT is required to provide housing unit and client data
to the CITY of Fresno, or designee, to include in the Point in Time survey as administered
by the Fresno-Madera Continuum of Care and as required by the HEARTH Act of 2009.
This Section 14 shall survive expiration or termination of this Agreement.
15. Subawards. The RECIPIENT shall not enter into an Agreement making a
Subaward to a Subrecipient for any work contemplated under the Agreement without
first obtaining the CITY’s written approval of the Subaward Agreement.
a. An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CITY's
files.
b. RECIPIENT is responsible to CITY for the proper performance of
any subcontract. No such subcontract shall relieve RECIPIENT of its obligations under
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this Agreement.
c. Any subcontract shall be subject to all the terms and conditions of
this Agreement.
d. No officer or director of RECIPIENT shall have any direct or indirect
financial interest in any subcontract made by RECIPIENT or in any loan, purchase of
property, or any other arrangement made by RECIPIENT, by whatever name known.
16. Conflict of Interest and Non-Solicitation.
a. Prior to CITY’S execution of this Agreement, RECIPIENT shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit F. During the term of this Agreement, RECIPIENT shall have the obligation
and duty to immediately notify CITY in writing of any change to the information provided
by RECIPIENT in such statement.
b. RECIPIENT shall comply, and require its subcontractors to comply,
with all applicable federal, state and local conflict of interest laws and regulations
including, without limitation, California Government Code Section 1090 et seq., the
California Political Reform Act (California Government Code Section 87100 et seq.) and
the regulations of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations Section 18700 et seq.). At any time,
upon written request of CITY, RECIPIENT shall provide a written opinion of its legal
counsel and that of any subcontractor that, after a due diligent inquiry, RECIPIENT and
the respective subcontractor(s) are in full compliance with all laws and regulations.
RECIPIENT shall take, and require its subcontractors to take, reasonable steps to avoid
any appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, RECIPIENT shall immediately notify CITY of these
facts in writing.
c. In performing the work or services to be provided hereunder,
RECIPIENT shall not employ or retain the services of any person while such person
either is employed by CITY or is a member of any CITY council, commission, board,
committee, or similar CITY body or within one year of their termination therefrom. This
requirement may be waived in writing by the CITY Manager, if no actual or potential
conflict is involved.
d. RECIPIENT represents and warrants that it has not paid or agreed
to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure
this Agreement or any rights/benefits hereunder.
ARTICLE 2 FEDERAL REQUIREMENTS
17. RECIPIENT warrants, covenants and agrees, for itself and its contractors
and subcontractors of all tiers, that it shall comply with all applicable requirements of the
Lead-Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35
and 24 CFR 982.401(j). In this regard RECIPIENT shall be responsible for all inspection,
testing and abatement activities.
a. The requirements, as applicable, of the Lead-Based Paint
Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint
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Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations at
24 CFR Part 35. In addition, the following requirements relating to inspection and
abatement of defective lead-based paint surfaces must be satisfied: (1) Treatment of
defective paint surfaces must be performed before final inspection and approval of the
renovation, rehabilitation or conversion activity under this part; and (2) Appropriate
action must be taken to protect shelter occupants from the hazards associated with lead-
based paint abatement procedures.
b. The RECIPIENT agrees to comply with all applicable requirements
of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD
implementing regulation 24 CFR Part 8.
c. RECIPIENT agrees to comply with the federal requirements set
forth in 24 CFR Part 5, except as explicitly modified below, and use of emergency shelter
grant amounts must comply with the following requirements: (a) Nondiscrimination and
equal opportunity. The nondiscrimination and equal opportunity requirements at 24 CFR
Part 5 are modified as follows:
i. Rehabilitation Act requirements. HUD’s regulations at 24
CFR Part 8 implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) as amended. For purposes of the emergency shelter grants program, the
term dwelling units in 24 CFR Part 8 shall include sleeping accommodations.
ii. RECIPIENT shall make known that use of the facilities and
Services are available to all on a nondiscriminatory basis. If the procedures that
the RECIPIENT intends to use to make known the availability of the facilities and
Services are unlikely to reach persons of any particular race, color, religion, sex,
age, national origin, familial status, or disability who may qualify for such facilities
and Services, the RECIPIENT must establish additional procedures that will
ensure that such persons are made aware of the facilities and Services. The
RECIPIENT must also adopt procedures which will make available to interested
persons information concerning the location of Services and facilities that are
accessible to persons with disabilities.
iii. The RECIPIENT shall be responsible for complying with the
policies, guidelines, and requirements of 24 CFR Part 85 (codified pursuant to
OMB Circular No. A-102) and OMB Circular No. A-87, as they relate to the
acceptance and use of ESG funding by CITY, and Nos. A-110 and A-122 as they
relate to the acceptance and use of emergency shelter grant amounts by private
nonprofit organizations.
d. The RECIPIENT will be responsible for all aspects of the project
contract award and management including the advertising for bids and shall award the
contract to the lowest responsible and responsible bidder. The RECIPIENT shall verify
with the Labor Relations and Equal Opportunity Division of the HUD Area Office that the
low bidder has not been debarred or suspended from participating in federal projects.
e. RECIPIENT warrants, covenants and agrees that it shall perform
the Services in a manner that does not engage in inherently religious activities and that
does not engage in any prohibited activities described in 24 CFR 576.23. Without
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limitation, RECIPIENT shall not unlawfully discriminate on the basis of religion and shall
not provide religious instruction or counseling, conduct religious services or worship,
engage in religious proselytizing, or exert other religious influence in pursuit hereof.
Subject to the foregoing, RECIPIENT does not intend to utilize ESG funding to construct,
rehabilitate or convert facilities owned primarily by religious organizations or to assist
primarily religious organizations in acquiring or leasing facilities to the extent prohibited
in 24 CFR 576.23.
f. RECIPIENT shall perform the Services in compliance with, and not
to cause or permit the Services to be in violation of, any existing or future environmental
law, rule, regulation, ordinance, or statute. RECIPIENT agrees that, if CITY has
reasonable grounds to suspect any such violation, RECIPIENT shall be entitled to thirty
(30) days’ notice and opportunity to cure such violation. If the suspected violation is not
cured, CITY shall have the right to retain an independent consultant to inspect and test
the subject facilities for such violation. If a violation is discovered, RECIPIENT shall pay
for the cost of the independent consultant.
g. The 2 CFR 200 Uniform Administrative Requirements, Cost
Principals, and Audit Requirements for Federal Awards referenced in this Agreement
are available at https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200
18. Relocation.
a. RECIPIENT shall assure that it has taken all reasonable steps to
minimize the displacement of persons (families, individuals, businesses, nonprofit
organizations, and farms) as a result of this project and the Services rendered in pursuit
thereof.
b. A displaced person must be provided relocation assistance at the
levels described in, and in accordance with, 49 CFR Part 24, which contains the
government-wide regulations implementing the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
19. Further Assurances.
a. This Agreement, when executed and delivered, shall constitute the
legal, valid, and binding obligations of RECIPIENT enforceable against RECIPIENT in
accordance with its respective terms, except as such enforceability may be limited by
(a) bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, or other
similar laws of general applicability affecting the enforcement of creditors’ rights
generally and (b) the application of general principles of equity without the joiner of any
other party.
b. RECIPIENT represents and warrants as of the date hereof that
RECIPIENT has obtained and, to the best of RECIPIENT’s knowledge, is in compliance
with all federal, state, and local governmental reviews, consents, authorizations,
approvals, and licenses presently required by law to be obtained by RECIPIENT for the
Services as of the date hereof.
c. In the performance of this Agreement, RECIPIENT shall promptly
and faithfully comply with, conform to and obey the ACT and all amendments thereto,
and shall maintain all facilities hereunder in compliance with building, health and safety
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codes.
d. RECIPIENT shall be solely responsible and liable for any recapture
or repayment obligation imposed by HUD due to any act or omission of RECIPIENT in
pursuit hereof.
e. RECIPIENT acknowledges that RECIPIENT, not the CITY, is
responsible for determining applicability of and compliance with the ACT and all other
applicable local, state, and federal laws including, but not limited to, any applicable
provisions of the California Labor Code, Public Contract Code, and Government Code.
The CITY makes no express or implied representation as to the applicability or
inapplicability of any such laws to this Agreement or to the Parties’ respective rights or
obligations hereunder including, but not limited to, competitive bidding, prevailing wage
subcontractor listing, or similar or different matters. RECIPIENT further acknowledges
that the CITY shall not be liable or responsible at law or in equity for any failure by
RECIPIENT to comply with any such laws, regardless of whether the CITY knew or
should have known of the need for such compliance, or whether the CITY failed to notify
RECIPIENT of the need for such compliance.
f. RECIPIENT agrees to comply with the CITY’s Fair Employment
Practices and shall not employ discriminatory practices in the provision of the Services,
employment of personnel, or in any other respect on the basis of race, color, creed,
religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status,
status as a veteran with disabilities or veteran of the Vietnam era, medical condition, or
physical or mental disability.
ARTICLE 3 GENERAL PROVISIONS
20. Amendment. This Agreement shall not be modified except by written
amendment approved by the City Council and signed by the parties. Where it is
determined by the Administrator that there is a need to make any change in the
Program, services to be performed, fiscal procedures and system, or the terms and
conditions of this Agreement (including, without limitation, any changes necessary to
comply with changes in federal, state, or local laws or regulations), refusal by
RECIPIENT to accept the change is grounds for termination of this Agreement.
Notwithstanding the foregoing, approval of the City Council is not required for (i)
insubstantial adjustments in line items within the total approved budget, not affecting
the total approved budget amount, approved by the Administrator in his/her sole
discretion;(ii) insubstantial changes in the nature or scope of services specified in this
Agreement approved by the Administrator in his/her sole discretion; (iii) changes to the
insurance requirements specified in Exhibit E approved by CITY’s Risk Manager in his
or her sole discretion, and (iv) an extension to the term of the Agreement, not to exceed
six months, in Administrator’s sole discretion.
21. Public Information. RECIPIENT shall disclose all of its funding sources to
CITY which, thereafter, will be public information.
22. Copyrights/Patents.
a. If this Agreement results in a book or other copyrightable material,
the author may seek any available copyright protection for the work unless a work for
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hire. CITY reserves a royalty-free, nonexclusive, irrevocable and assignable license to
reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted
material and all material which can be copyrighted.
b. Any discovery or invention arising out of or developed in the course
of work aided by this Agreement, shall promptly and fully be reported to CITY for
determination by CITY as to whether patent protection on such invention or discovery,
including rights thereto under any patent issued thereon (reserved henceforth onto
CITY), shall be imposed and administered, in order to protect the public interest.
23. Political Activity Prohibited. None of the funds, materials, property or
services provided directly or indirectly under this Agreement shall be used for any
political activity, or to further the election or defeat of any ballot measure or candidate
for public office.
24. Lobbying Prohibited. None of the funds provided under this Agreement
shall be used for publicity, lobbying or propaganda purposes designed to support or
defeat legislation pending before any legislative body.
25. Third Party Beneficiaries. 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. It is not intended that any rights or interests in this
Agreement benefit or flow to the interest of any third parties.
26. Nondiscrimination. To the extent required by controlling federal, state and
local law, RECIPIENT shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, RECIPIENT agrees as follows:
a. RECIPIENT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject
to discrimination under any program or activity made possible by or resulting from this
Agreement.
b. RECIPIENT will not discriminate against any employee or applicant
for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
RECIPIENT shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Such requirement shall apply to RECIPIENT’S employment practices including, but not
be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
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recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. RECIPIENT agrees
to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provision of this nondiscrimination clause.
c. RECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf of RECIPIENT in pursuit hereof, state that all qualified applicants
will receive consideration for employment without regard to race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of
the Vietnam era.
d. RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT’S commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
27. Independent Contractor.
a. In the furnishing of the services provided for herein, RECIPIENT is
acting as an independent contractor. Neither RECIPIENT, nor any of its officers, agents
or employees shall be deemed an officer, agent, employee, joint venture, 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 RECIPIENT shall perform its work and functions.
However, CITY shall retain the right to administer this Agreement so as to verify that
RECIPIENT is performing its obligations in accordance with the terms and conditions
thereof.
b. This Agreement does not evidence a partnership or joint venture
between RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY absent
CITY’S express written consent. Except to the extent otherwise provided in this
Agreement, RECIPIENT shall bear its own costs and expenses in pursuit thereof.
c. Because of its status as an independent contractor, RECIPIENT
and its officers, agents and employees shall have absolutely no right to employment
rights and benefits available to CITY employees. RECIPIENT shall be solely liable and
responsible for providing to, or on behalf of, its employees all legally required employee
benefits. In addition, RECIPIENT shall be solely responsible and save CITY harmless
from all matters relating to payment of RECIPIENT’S employees, including, without
limitation, compliance with Social Security withholding, and all other regulations
governing such matters. It is acknowledged that during the term of this Agreement,
RECIPIENT may be providing services to others unrelated to CITY or to this Agreement.
28. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage prepaid,
return receipt requested, addressed to the party to which notice is to be given at the
party's address set forth on the signature page of this Agreement or at such other
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address as the parties may from time to time designate by written notice. Notices served
by United States mail in the manner above described shall be deemed sufficiently served
or given at the time of the mailing thereof.
29. Binding. Once this Agreement is signed by all parties, it shall be binding
upon, and shall inure to the benefit of, all Parties, and each Parties' respective heirs,
successors, assigns, transferees, agents, servants, employees and representatives.
30. Assignment.
a. This Agreement is personal to RECIPIENT and there shall be no
assignment by RECIPIENT of its rights or obligations under this Agreement without the
prior written approval of the Administrator. Any attempted assignment by RECIPIENT,
its successors or assigns, shall be null and void unless approved in writing by the
Administrator.
b. RECIPIENT hereby agrees not to assign the payment of any
monies due RECIPIENT from CITY under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all
monies due RECIPIENT directly to RECIPIENT.
31. Compliance with Law. In providing the services required under this
Agreement, RECIPIENT shall at all times comply with all applicable laws of the United
States, the State of California and CITY, and with all applicable regulations promulgated
by federal, state, regional or local administrative and regulatory agencies, now in force
and as they may be enacted, issued, or amended during the life of this Agreement.
32. Waiver. The waiver by either Party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of
this Agreement may be waived unless in writing and signed by all Parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of
any other provision herein.
33. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or interpretation
of this Agreement and any rights and duties hereunder shall be Fresno County,
California.
34. Headings. The Section headings in this Agreement are for convenience
and reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
35. Severability. The provisions of this Agreement are severable. The invalidity
or unenforceability of any one provision in this Agreement shall not affect the other
provisions.
36. Interpretation. The Parties acknowledge that this Agreement in its final
form is the result of the combined efforts of the parties and that, should any provision of
this Agreement be found to be ambiguous in any way, such ambiguity shall not be
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resolved by construing this Agreement in favor of or against any Party, but rather by
construing the terms in accordance with their generally accepted meaning.
37. Attorney's 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 in such proceeding or action shall be entitled to recover from the
other Party its reasonable attorney's fees and legal expenses.
38. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
reference, incorporated into and made a part of this Agreement.
39. Precedence of Documents. The order of precedence of documents shall
be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for
this project; (2) Permits from other agencies as may be required by law; (3)
Supplemental Agreements or this Agreement the one dated later having precedence
over another dated earlier; (4) ESG Policies and Procedures (5) General Conditions.
Whenever any conflict appears in any portion of the Contract, it shall be resolved
by application of the order of precedence.
In the event of any conflict between the body of this Agreement and any Exhibit
or Attachment hereto, the terms and conditions of the body of this Agreement shall
control and take precedence over the terms and conditions expressed within the Exhibit
or Attachment. Furthermore, any terms or conditions contained within any Exhibit or
Attachment hereto which purport to modify the allocation of risk between the Parties,
provided for within the body of this Agreement, are null and void.
40. 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.
41. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior negotiations, representations or agreements, either written or
oral.
[SIGNATURE APPEAR ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written.
CITY OF FRESNO, A California municipal corporation
By:
Georgeanne A. White,
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Brent Richardson Date
Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy
CENTRAL UNIFIED SCHOOL
DISTRICT, a public school district
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Addresses:
CITY:
City of Fresno
Attention: Karen Jenks
Housing & Neighborhood Revitalization
Manager
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-8507 FAX: (559) [#]
RECIPIENT:
Central Unified School District
Attention: Amer Iqbal
Assistant Superintendent- Chief
Business Officer
5652 W. Gettysburg Ave. Fresno
93722 Rm 10
Phone: (559) 274-47000 x12107
Attachments:
1.Exhibit A – Scope of Services
2.Exhibit B – Budget Summary
3.Exhibit C – ESG Quarterly Report
4.Exhibit D – Spending Plan5.Exhibit E – Insurance Requirements6.Exhibit F – Conflict of Interest Disclosure Form
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Amer Iqbal
Assistant Superintendent / CBO
7/30/2024
Docusign Envelope ID: CDFD66A5-C0E1-411D-9DBF-A7348665D9FCDocusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A
8/5/2024
ESG Agreement 2024 – 5/23/2024
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EXHIBIT A
SCOPE OF SERVICES
Agreement “Between” City of Fresno and
[CENTRAL UNIFIED SCHOOL DISTRICT Emergency Solutions Grant
Student Support Services Rapid Outreach
Summary of Services
Central Unified School District (CUSD) will provide homelss prevention services
and motel vouchers to students and families facing homelessness in the CUSD
within the city of Fresno. The Student Support Services Rapid Outreach Project
will be an extension of support and resources for unhoused families and those at-
risk of becoming unhoused in the CUSD. The project will assist families with motel
vouchers, rental assistance, security deposits, and utilities assistance to prevent
disruptions in the education and achieve home life stability for the impacted
students of CUSD. Two hundred nights of emergency shelter will be provided to
families experiencing homelessness and 24 families will receive assitance with
rent, security deposits, and utilities.
Target Population
The ESG funds are intended to target two populations of persons facing housing
instability: 1) individuals and families who are experiencing homelessness
(residing in emergency or transitional shelters or on the street) and need
temporary assistance in order to obtain housing and retain it, and 2) individuals
and families who are currently in housing but are at risk of becoming homeless
and need temporary rent or utility assistance, or assitance moving to another unit,
to prevent them from becoming homeless.
Subrecipients responsiblilties
CUSD will provide emergency shelter via motel vouchers in accordence with 24
CFR 576.102.
CUSD will provide homeless prevention serivces in accordence with 24 CFR
576.103, 576.105, and 576.106.
CUSD will operate the Student Suppprt Services Rapid Outreach project in
accordance with 2 CFR 200 the Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards under Title 2 of the Code
of Federal Regulations.
CUSD will Utilized the Fresno Madera Continium of Care Coordinated Entry
System and record data in the Homeless Management Information System
(HMIS).
CUSD will complete a quarterly report due within thirty days of the close of each
quarter.
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CUSD will submit a monthly reimursement request within thirty days of the close of
the billing month.
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EXHIBIT B
BUDGET SUMMARY
Agreement “Between” City of Fresno and
CENTRAL UNIFIED SCHOOL DISTRICT Emergency Solutions Grant
Student Support Services Rapid Outreach
Docusign Envelope ID: 31C733DC-9D6E-4508-BB4C-04A22D12B3AEDocusign Envelope ID: CDFD66A5-C0E1-411D-9DBF-A7348665D9FCDocusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A
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EXHIBIT C
ESG QUARTERLY REPORT
Instructions:
All blue background cells are to
be locked on the base report
template
All gray background cells are to
be locked on the base report
template
All green cells are to be locked
after being filled in by P&D-HCD
Staff
All yellow background cells are to
be left unlocked so that
subrecipient can make entries
Project Sponsor: Activity(s): RR
Date of Contract Execution
(mm/dd/xxxx) 01/00/00
Accomplishment Year (HUD
Program Year) 2024
Period of Performance
Start Date (mm/dd/xxxx) 01/00/00
Period of Performance End
Date (mm/dd/xxxx) 01/00/00
Accomplishment Narrative: (Maximum 500 characters)
Number of Persons Engaged
Number of Persons Contacted Once 0
Number of Persons 2- 5 Contacts 0
Number of Persons 6-9 Contacts 0
Number of Persons 10 + Contacts 0
Total Persons Engaged 0
Number of Persons Served
Total Number of Persons Served 0
Number of Adults (Age 18 or Over) 0
Docusign Envelope ID: 31C733DC-9D6E-4508-BB4C-04A22D12B3AEDocusign Envelope ID: CDFD66A5-C0E1-411D-9DBF-A7348665D9FCDocusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A
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Number of Children (Under Age 18) 0
Number of Persons with Unknown Age 0
Total Persons Served 0
Persons Fleeing Domestic Violence Upon Entry
Yes, Fleeing Domestic Violence 0
Not Fleeing Domestic Violence 0
Number of Veterans Served Without Children With Children and Adults Total
Chronically Homeless
Veteran 0 0 0
Non-Chronically Homeless
Veteran 0 0 0
Total Veterans Served 0
Number of Stayovers from Prior Reporting Period
Number of Stayovers from Prior Report Period 0
Number of Leavers
Number of Leavers 0
Number of Adult Leavers 0
Number of Adult and Head of Household Leavers 0
Total Number of Leavers 0
Number of Stayers at End of Reporting Period
Number of Stayers 0
Number of Adult Stayers 0
Total Number of Stayers 0
Length of Participation Leavers Stayers
0 to 7 days 0 0
8 to 14 days 0 0
15 to 21 days 0 0
22 to 30 days 0 0
31 to 60 days 0 0
61 to 90 days 0 0
91 to 180 days 0 0
181 to 365 days 0 0
366 to 730 days (1-2 Yrs) 0 0
731 to 1,095 days (2-3 Yrs) 0 0
1,096 to 1,460 days (3-4 Yrs) 0 0
1,461 to 1,825 days (4-5
Yrs) 0 0
More than 1,825 days (> 5 Yrs) 0 0
Data Not Collected 0 0
Total 0 0
Other Characteristics of Persons Served
Number of Chronically Homeless Persons 0
Docusign Envelope ID: 31C733DC-9D6E-4508-BB4C-04A22D12B3AEDocusign Envelope ID: CDFD66A5-C0E1-411D-9DBF-A7348665D9FCDocusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A
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Number of Youth Under Age 25 0
Number of Parenting Youth Under Age 25 with Children 0
Number of Adult Heads of Household 0
Number of Child and Unknown-Age Heads of Household 0
Expenditures
Total ESG Expended (PYTD) $
-
Street Outreach
Expenditures
$
- Rapid Rehousing Expend. $
-
Emergency Shelter Expend. $
-
Homeless Prevention
Expend.
$
-
Report Prepared by: 0 Date Prepared
For City Used Only: IDIS Activity ID #: Reviewed by: Date of review:
Docusign Envelope ID: 31C733DC-9D6E-4508-BB4C-04A22D12B3AEDocusign Envelope ID: CDFD66A5-C0E1-411D-9DBF-A7348665D9FCDocusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A
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EXHIBIT D
SPENDING PLAN
Expected Invoice Submission by
MM/DD/YY for Month Ending:
Expected Invoice Submission by
MM/DD/YY for Month Ending:
Expected Invoice Submission by
MM/DD/YY for Month Ending:
MM/DD/YY MM/DD/YY MM/DD/YY
ESG Program -
TOTAL -$ -$ -$ -$ -$
`
Cumulative Expenditure -$ -$ -$ -
Cumulative % Expended 0.0%0.0%0.0%0.0%
Expected Invoice Submission by
MM/DD/YY for Month Ending:
Expected Invoice Submission by
MM/DD/YY for Month Ending:
Expected Invoice Submission by
MM/DD/YY for Month Ending:
MM/DD/YY MM/DD/YY MM/DD/YY
-
-$ -$ -$ -$
`
Cumulative Expenditure -$ -$ -$ -
Cumulative % Expended 0.0%0.0%0.0%0.0%
Expected Invoice Submission by
MM/DD/YY for Month Ending:
Expected Invoice Submission by
MM/DD/YY for Month Ending:
Expected Invoice Submission by
MM/DD/YY for Month Ending:
MM/DD/YY MM/DD/YY MM/DD/YY
-
-$ -$ -$ -$
`
Cumulative Expenditure -$ -$ -$ -
Cumulative % Expended 0.0%0.0%0.0%0.0%
Expected Invoice Submission by
MM/DD/YY for Month Ending:
Expected Invoice Submission by
MM/DD/YY for Month Ending:
Expected Invoice Submission by
MM/DD/YY for Month Ending:
MM/DD/YY MM/DD/YY MM/DD/YY
-
-$ -$ -$ -$
`
Cumulative Expenditure -$ -$ -$ -
Cumulative % Expended 0.0%0.0%0.0%0.0%
Sum of Invoice Submissions for
Meeting 25% Deadline Grant Use Award
100 % of Grant
Sum of Invoice Submissions for
Meeting 50% Deadline
Sum of Invoice Submissions for
Meeting 75% Deadline
Sum of Invoice Submissions for
Meeting 100% Deadline
25 % of Grant
50 % of Grant
75 % of Grant
Docusign Envelope ID: 31C733DC-9D6E-4508-BB4C-04A22D12B3AEDocusign Envelope ID: CDFD66A5-C0E1-411D-9DBF-A7348665D9FCDocusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A
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EXHIBIT E
INSURANCE REQUIREMENTS
Agreement “Between” City of Fresno And
CENTRAL UNIFIED SCHOOL DISTRICT Emergency Solutions Grant
Student Support Services Rapid Outreach Project
MINIMUM SCOPE OF INSURANCE
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).
3. Workers’ Compensation insurance as required by the State of California and Employer’s
Liability Insurance.
4. Professional Liability that insures against liability arising out of the bodily injury, personal
injury, and third-party property damage occurring because of the wrongful or negligent acts
attributable to the RECIPIENT.
MINIMUM LIMITS OF INSURANCE
RECIPIENT, or any party the RECIPIENT subcontracts with, shall maintain limits of liability of not
less than those set forth below. However, insurance limits available to CITY, its officers, officials,
employees, agents, 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.
4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY:
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
Docusign Envelope ID: 31C733DC-9D6E-4508-BB4C-04A22D12B3AEDocusign Envelope ID: CDFD66A5-C0E1-411D-9DBF-A7348665D9FCDocusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A
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UMBRELLA OR EXCESS INSURANCE
In the event RECIPIENT 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 CITY, its
officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
RECIPIENT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and RECIPIENT shall also be responsible for payment of any self-
insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to
contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be covered as
additional insureds. RECIPIENT shall establish additional insured status for the City and for all
operations by use of ISO Form CG 20 26 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained in ISO Form CG 20 26
04 13.
2. The coverage shall contain no special limitations on the scope of protection afforded to
CITY, its officers, officials, employees, agents, and volunteers. Any available insurance proceeds
in excess of the specified minimum limits and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, RECIPIENT’s insurance coverage shall be
primary insurance with respect to the CITY, its officers, officials, employees, agents, and
volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials,
employees, agents, and volunteers shall be excess of RECIPIENT’s insurance and shall not
contribute with it. RECIPIENT shall establish primary and non-contributory status by using ISO
Form CG 20 01 04 13 or by an executed manuscript insurance company endorsement that
provides primary and non contributory status as broad as that contained in ISO Form CG 20 01 04
13.
The Workers’ Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: RECIPIENT and its insurer shall waive any right of subrogation against CITY,
its officers, officials, employees, agents, and volunteers.
If the Professional Liability policy is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by RECIPIENT.
2. Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the Agreement work or termination of the Agreement, whichever
occurs first, or, in the alternative, the policy shall be endorsed to provide not less than a five (5)
year discovery period.
3. 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 the commencement of
work by RECIPIENT, RECIPIENT must purchase “extended reporting” coverage for a minimum of
five (5) years completion of the Agreement work or termination of the Agreement, whichever
occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
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 by certified mail, return receipt requested, has been given to CITY. RECIPIENT 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, RECIPIENT shall furnish CITY with a new certificate and
Docusign Envelope ID: 31C733DC-9D6E-4508-BB4C-04A22D12B3AEDocusign Envelope ID: CDFD66A5-C0E1-411D-9DBF-A7348665D9FCDocusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A
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applicable endorsements for such policy(ies). In the event any policy is due to expire during the
work to be performed for CITY, RECIPIENT 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.
Should any of the required policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by any defense costs, then the requirement for the
Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by RECIPIENT shall not be deemed to release or diminish the
liability of RECIPIENT, including, without limitation, liability under the indemnity provisions of this
Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by RECIPIENT. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of RECIPIENT, its principals, officers, agents,
employees, persons under the supervision of RECIPIENT, vendors, suppliers, invitees, consultant,
sub-consultant, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS
If RECIPIENT subcontracts any or all of the services to be performed under this Agreement,
RECIPIENT will be solely responsible for ensuring that it’s subcontractors maintain insurance
coverage at levels no less than those required by applicable law and is customary in the relevant
industry.
VERIFICATION OF COVERAGE
RECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. 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,
RECIPIENT 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.
**needs to be inserted by RISK
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EXHIBIT F
DISCLOSURE OF CONFLICT OF INTEREST
Emergency Solutions Grant
Student Support Services Rapid Outreach
Docusign Envelope ID: 31C733DC-9D6E-4508-BB4C-04A22D12B3AE
Amer Iqbal
Amer Iqbal
Amer Iqbal
7/30/2024
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Docusign Envelope ID: AF4485CE-1F37-4350-B872-1CE52B902E4A