HomeMy WebLinkAboutFEOC - Advance Peace Project - 2020ALL-B 3.0 (09 00 2016)
-1-
AGREEMENT
CITY OF FRESNO, CALIFORNIA
CONSULTANT SERVICES
THIS AGREEMENT is made and entered into effective October 1, 2020, by and
between the CITY OF FRESNO, a California municipal corporation (the CITY), and
FRESNO ECONOMIC OPPORTUNITIES COMMISSION, a California Corporation (the
CONSULTANT).
RECITALS
WHEREAS, the CITY desires to obtain professional violence reduction services
for the FRESNO ADVANCE PEACE PROJECT, (the Project), and
WHEREAS, the CONSULTANT is engaged in the business of furnishing services
for violence reduction and hereby represents that it desires to and is professionally and
legally capable of performing the services called for by this Agreement; and
WHEREAS, the CONSULTANT acknowledges that this Agreement is subject to
the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No.
6-19; and
WHEREAS, this Agreement will be administered for the CITY by its Office of the
Mayor and CITY Manager (the Administrator) or its designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
1. Scope of Services. The CONSULTANT shall perform to the satisfaction of
the CITY the services described in Exhibit A, including all work incidental to, or necessary
to perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be
effective from the date first set forth above (the Effective Date) and shall continue in full
force and effect through August 31, 2021, subject to any earlier termination in
accordance with this Agreement. The services of the CONSULTANT as described in
Exhibit A are to commence upon the Effective Date and shall be completed in a
sequence assuring expeditious completion, but in any event, all such services shall be
completed prior to expiration of this Agreement and in accordance with any performance
schedule set forth in Exhibit A.
3. Compensation.
(a) The CONSULTANT's sole compensation for satisfactory
performance of all services required or rendered pursuant to this Agreement shall be a
total fee of $125,000. Such fee includes all expenses incurred by the CONSULTANT in
performance of the services.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-2-
(b) Detailed statements shall be rendered monthly for services
performed in the preceding month and will be payable in the normal course of the CITY's
business.
(c) The parties may modify this Agreement to increase or decrease the scope
of services or provide for the rendition of services not required by this Agreement, which
modification shall include an adjustment to the CONSULTANT compensation. Any
change in the scope of services must be made by written amendment to the Agreement
signed by an authorized representative for each party. The CONSULTANT shall not be
entitled to any additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of the CITY to the
CONSULTANT upon the earlier of: (i) the CONSULTANT filing for protection under the
federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced
by a third party against the CONSULTANT; (ii) seven calendar days prior written notice
with or without cause by the CITY to the CONSULTANT; (iii) the 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 Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
The CONSULTANT shall (i) immediately stop all work hereunder; (ii) immediately cause
any and all of its subcontractors to cease work; and (iii) return to the CITY any and all
unearned payments and all properties and materials in the possession of the
CONSULTANT that are owned by the CITY. Subject to the terms of this Agreement, the
CONSULTANT shall be paid compensation for services satisfactorily performed prior to
the effective date of termination. The CONSULTANT shall not be paid for any work or
services performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the CONSULTANT to
satisfactorily perform in accordance with the terms of this Agreement, the CITY may
withhold an amount that would otherwise be payable as an offset to, but not in excess of,
the CITY's damages caused by such failure. In no event shall any payment by the CITY
pursuant to this Agreement constitute a waiver by the CITY of any breach of this
Agreement which may then exist on the part of the CONSULTANT, nor shall such
payment impair or prejudice any remedy available to the CITY with respect to the breach.
(d) Upon any breach of this Agreement by the CONSULTANT, the 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 the CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(e) The CONSULTANT shall provide the CITY with adequate written
assurances of future performance, upon the Administrator’s request, in the event the
CONSULTANT fails to comply with any terms or conditions of this Agreement.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-3-
(f) The CONSULTANT shall be liable for default unless
nonperformance is caused by an occurrence beyond the reasonable control of the
CONSULTANT and without its fault or negligence such as, acts of God or the public
enemy, acts of the CITY in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers. The
CONSULTANT shall notify the Administrator in writing as soon as it is reasonably possible
after the commencement of any excusable delay, setting forth the full particulars in
connection therewith, and shall remedy such occurrence with all reasonable dispatch,
and shall promptly give written notice to the Administrator of the cessation of such
occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by the
CONSULTANT pursuant to this Agreement shall not be made available to any individual
or organization by the CONSULTANT without the prior written approval of the
Administrator. During the term of this Agreement, and thereafter, the CONSULTANT
shall not, without the prior written consent of the CITY, disclose to anyone any
Confidential Information. The term "Confidential Information" for the purposes of this
Agreement shall include all proprietary and confidential information of the CITY, including
but not limited to business plans, marketing plans, financial information, materials,
compilations, documents, instruments, models, source or object codes, and other
information disclosed or submitted, orally, in writing, or by any other medium or media.
All Confidential Information shall be and remain confidential and proprietary in the CITY.
(b) Any and all writings and documents prepared or provided by the
CONSULTANT pursuant to this Agreement are the property of the CITY at the time of
preparation and shall be turned over to the CITY upon expiration or termination of the
Agreement. The CONSULTANT shall not permit the reproduction or use thereof by any
other person except as otherwise expressly provided herein.
(c) If the CONSULTANT should subcontract all or any portion of the
services to be performed under this Agreement, the CONSULTANT shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this
Agreement.
6. Professional Skill. It is further mutually understood and agreed by and
between the parties hereto that inasmuch as the CONSULTANT represents to the CITY
that the CONSULTANT and its subcontractors, if any, are skilled in the profession and
shall perform in accordance with the standards of said profession necessary to perform
the services agreed to be done by it under this Agreement, the CITY relies upon the skill
of the CONSULTANT and any subcontractors to do and perform such services in a skillful
manner and the CONSULTANT agrees to thus perform the services and require the same
of any subcontractors. Therefore, any acceptance of such services by the CITY shall not
operate as a release of the CONSULTANT or any subcontractors from said professional
standards.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-4-
7. Indemnification. To the furthest extent allowed by law, CONSULTANT 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), and from any and all claims,
demands and actions in law or equity (including reasonable attorney's fees and litigation
expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful
misconduct of CONSULTANT, its principals, officers, employees, agents or volunteers in
the performance of this Agreement.
If CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, CONSULTANT 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.
8. Insurance.
(a) Throughout the life of this Agreement, the CONSULTANT shall pay
for and maintain in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than “A-VII” in Best’s Insurance Rating Guide, or (ii) as may
be authorized in writing by the CITY's Risk Manager or designee at any time and in his/her
sole discretion. The required policies of insurance as stated in Exhibit B shall maintain
limits of liability of not less than those amounts stated therein. However, the insurance
limits available to the CITY, its officers, officials, employees, agents, and volunteers as
additional insureds, shall be the greater of the minimum limits specified therein or the full
limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
CONSULTANT or any of its subcontractors/sub-consultants 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 the
CONSULTANT shall be withheld until notice is received by the CITY that the required
insurance has been restored to full force and effect and that the premiums therefore have
been paid for a period satisfactory to the CITY. Any failure to maintain the required
insurance shall be sufficient cause for the CITY to terminate this Agreement. No action
taken by the CITY pursuant to this section shall in any way relieve the CONSULTANT of
its responsibilities under this Agreement. The phrase “fail to maintain any required
insurance” shall include, without limitation, notification received by the CITY that an
insurer has commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by the CONSULTANT shall not
be deemed to release or diminish the liability of the CONSULTANT, including, without
limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify
the CITY shall apply to all claims and liability regardless of whether any insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-5-
indemnification to be provided by the CONSULTANT. Approval or purchase of any
insurance contracts or policies shall in no way relieve from liability nor limit the liability of
the CONSULTANT, its principals, officers, agents, employees, persons under the
supervision of the CONSULTANT, vendors, suppliers, invitees, consultants, sub-
consultants, subcontractors, or anyone employed directly or indirectly by any of them.
(d) If the CONSULTANT should subcontract all or any portion of the
services to be performed under this Agreement, the CONSULTANT shall require each
subcontractor/sub-consultant to provide insurance protection, as an additional insured, to
the CITY and each of its officers, officials, employees, agents, and volunteers in
accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with the CONSULTANT and the CITY prior to
the commencement of any services by the subcontractor. The CONSULTANT and any
subcontractor/sub-consultant shall establish additional insured status for the CITY, its
officers, officials, employees, agents, and volunteers by using Insurance Service Office
(ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 or by an
executed manuscript company endorsement providing additional insured status as broad
as that contained in ISO Form CG 20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to the CITY's execution of this Agreement, the CONSULTANT
shall complete a City of Fresno conflict of interest disclosure statement in the form as set
forth in Exhibit C. During the term of this Agreement, the CONSULTANT shall have the
obligation and duty to immediately notify the CITY in writing of any change to the
information provided by the CONSULTANT in such statement.
(b) The CONSULTANT shall comply, and require its subcontractors to
comply, with all applicable (i) professional canons and requirements governing avoidance
of impermissible client conflicts; and (ii) 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 the CITY, the CONSULTANT shall provide a written
opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry,
the CONSULTANT and the respective subcontractor(s) are in full compliance with all laws
and regulations. The CONSULTANT 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, the CONSULTANT shall
immediately notify the CITY of these facts in writing.
(c) In performing the work or services to be provided hereunder, the
CONSULTANT shall not employ or retain the services of any person while such person
either is employed by the CITY or is a member of any City council, commission, board,
committee, or similar city body. This requirement may be waived in writing by the City
Manager, if no actual or potential conflict is involved.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-6-
(d) The CONSULTANT 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.
(e) Neither the CONSULTANT, nor any of the CONSULTANT's
subcontractors performing any services on this Project, shall bid for, assist anyone in the
preparation of a bid for, or perform any services pursuant to, any other contract in
connection with this Project unless fully disclosed to and approved by the CITY Manager,
in advance and in writing. The CONSULTANT and any of its subcontractors shall have
no interest, direct or indirect, in any other contract with a third party in connection with this
Project unless such interest is in accordance with all applicable law and fully disclosed to
and approved by the City Manager, in advance and in writing. Notwithstanding any
approval given by the City Manager under this provision, the CONSULTANT shall remain
responsible for complying with Section 9(b), above.
(f) If the CONSULTANT should subcontract all or any portion of the
work to be performed or services to be provided under this Agreement, the
CONSULTANT shall include the provisions of this Section 9 in each subcontract and
require its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this
Agreement.
10. Recycling Program. In the event the CONSULTANT maintains an office or
operates a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the CITY of Fresno, the CONSULTANT at its sole cost and expense
shall:
(i) Immediately establish and maintain a viable and ongoing recycling
program, approved by the CITY's Solid Waste Management Division, for
each office and facility. Literature describing the CITY recycling programs
is available from the CITY's Solid Waste Management Division and by
calling the CITY of Fresno Recycling Hotline at (559) 621-1111.
(ii) Immediately contact the CITY's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit, and cooperate with such
Division in their conduct of the audit for each office and facility.
(iii) Cooperate with and demonstrate to the satisfaction of the CITY's Solid
Waste Management Division, the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required
of the CITY within the body of this Agreement, and not otherwise specifically provided for,
shall be effective only if signed by the Administrator or designee.
(b) Records of the CONSULTANT's expenses pertaining to the Project
shall be kept on a generally recognized accounting basis and shall be available to the
CITY or its authorized representatives upon request during regular business hours
throughout the life of this Agreement and for a period of three years after final payment
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-7-
or, if longer, for any period required by law. In addition, all books, documents, papers,
and records of the CONSULTANT pertaining to the Project shall be available for the
purpose of making audits, examinations, excerpts, and transcriptions for the same period
of time. If any litigation, claim, negotiations, audit, or other action is commenced before
the expiration of said time period, all records shall be retained and made available to the
CITY until such action is resolved, or until the end of said time period whichever shall later
occur. If the CONSULTANT should subcontract all or any portion of the services to be
performed under this Agreement, the CONSULTANT shall cause each subcontractor to
also comply with the requirements of this paragraph. This Section 11(b) shall survive
expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the CITY, the CONSULTANT
shall have provided evidence to the CITY that the CONSULTANT is licensed to perform
the services called for by this Agreement (or that no license is required). If the
CONSULTANT should subcontract all or any portion of the work or services to be
performed under this Agreement, the CONSULTANT shall require each subcontractor to
provide evidence to the CITY that subcontractor is licensed to perform the services called
for by this Agreement (or that no license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state, and
local law, the CONSULTANT 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, the CONSULTANT agrees as follows:
(a) the CONSULTANT 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) The CONSULTANT 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. The
CONSULTANT 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 the CONSULTANT's employment practices including,
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. The CONSULTANT
agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination clause.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-8-
(c) The CONSULTANT will, in all solicitations or advertisements for
employees placed by or on behalf of the CONSULTANT 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) The CONSULTANT 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 the
CONSULTANT's commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(e) If the CONSULTANT should subcontract all or any portion of the
services to be performed under this Agreement, the CONSULTANT shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the
CONSULTANT is acting solely as an independent contractor. Neither the
CONSULTANT, nor any of its officers, agents, or employees shall be deemed an officer,
agent, employee, joint venturer, partner, or associate of the CITY for any purpose. The
CITY shall have no right to control or supervise or direct the manner or method by which
the CONSULTANT shall perform its work and functions. However, the CITY shall retain
the right to administer this Agreement so as to verify that the CONSULTANT is performing
its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between the CONSULTANT and the CITY. The CONSULTANT shall have no authority
to bind the CITY absent the CITY's express written consent. Except to the extent
otherwise provided in this Agreement, the CONSULTANT shall bear its own costs and
expenses in pursuit thereof.
(c) Because of its status as an independent contractor, the
CONSULTANT and its officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to CITY employees. The CONSULTANT shall
be solely liable and responsible for all payroll and tax withholding and for providing to, or
on behalf of, its employees all employee benefits including, without limitation, health,
welfare, and retirement benefits. In addition, together with its other obligations under this
Agreement, the CONSULTANT shall be solely responsible, indemnify, defend and save
the CITY harmless from all matters relating to employment and tax withholding for and
payment of the CONSULTANT's employees, including, without limitation, (i) compliance
with Social Security and unemployment insurance withholding, payment of workers’
compensation benefits, and all other laws and regulations governing matters of employee
withholding, taxes and payment; and (ii) any claim of right or interest in the CITY’s
employment benefits, entitlements, programs and/or funds offered employees of the CITY
whether arising by reason of any common law, de facto, leased, or co-employee rights or
other theory. It is acknowledged that during the term of this Agreement, the
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-9-
CONSULTANT may be providing services to others unrelated to the CITY or to this
Agreement.
14. 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 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.
15. Binding. Subject to Section 16, below, 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.
16. Assignment.
(a) This Agreement is personal to the CONSULTANT and there shall be
no assignment by the CONSULTANT of its rights or obligations under this Agreement
without the prior written approval of the CITY Manager or designee. Any attempted
assignment by the CONSULTANT, its successors or assigns, shall be null and void
unless approved in writing by the CITY Manager or designee.
(b) The CONSULTANT hereby agrees not to assign the payment of any
monies due the CONSULTANT from the CITY under the terms of this Agreement to any
other individual(s), corporation(s), or entity (ies). The CITY retains the right to pay any
and all monies due the CONSULTANT directly to the CONSULTANT.
17. Compliance with Law. In providing the services required under this
Agreement, the CONSULTANT shall at all times comply with all applicable laws of the
United States, including but not limited to, the Americans with Disabilities Act (42 U.S.C.
§ 12101 et seq.), the State of California and the 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 term of this
Agreement.
18. 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.
19. 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.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-10-
20. 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.
21. 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.
22. 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 resolved
by construing this Agreement in favor of or against either party, but rather by construing
the terms in accordance with their generally accepted meaning.
23. 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.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. 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, shall be null
and void.
26. 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.
27. No 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. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or flow
to the interest of any third parties.
28. 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. This Agreement may be modified only by written instrument duly authorized and
executed by both the CITY and the CONSULTANT.
[SIGNATURES FOLLOW ON NEXT PAGE]
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
-11-
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:
WILMA QUAN,
CITY Manager
ATTEST:
YVONNE SPENCE, CRM MMC
CITY Clerk
By:
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
CITY Attorney
By:
Brandon M. Collet Date
Senior Deputy CITY Attorney
Fresno Economic Opportunities Commission,
a California corporation
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:H. SPEES
Director, Strategic Initiatives
Mayor’s Office
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-7910
FAX: (559) 621-7990
CONSULTANT:
Fresno Economic Opportunities Commission
Attention: Heather Brown
Chief Administrative Officer
1920 Mariposa Street, Suite 300
Fresno, CA 93721
Phone: (559) 263-1082
FAX:
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
Page 1 of 8
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT Service Agreement between CITY of Fresno (the CITY)
and Fresno Economic Opportunities Commission (the CONSULTANT)
Fresno Advance Peace Project
1. Description of Community Need
Fresno County has been home to high rates of violent crime. According to Federal Bureau of
Investigation data, Fresno’s homicide rate in 2017 was 10.6 per 100,000 (56 homicides), close to
2.5 times the California rate. In 2018 it was 6.02 (32 homicides), still close to 40% higher than the
state rate. In 2019, data shows an increase to 7.34 (39). According to 2019 Fresno Police
Department data, the CITY experienced 2,031 shootings from 2015 to 2018, an average of 508
per year. A majority of those shootings were gang or group related (1,038 out of 2,031 or 51.1%).
Fresno’s most disadvantaged communities, which are predominantly located in the South and
West regions of the CITY, have poverty rates which reach up to 60% (American Community
Survey, 2018). Prior to the COVID-19 crisis, unemployment was as high as 28% (Zip Atlas, 2019).
Furthermore, Fresno is among the top ten cities in the U.S. for high youth unemployment and
under-employment (ages 16-24) (Brookings, 2018).
The National Institute for Criminal Justice Reform (NICJR) received funding from The California
Wellness Foundation to study the cost of gun violence in Fresno. The research documents
detailed government expense that accompanies every injury shooting in the CITY. NICJR tracked
the direct costs of each shooting using low end costs estimates and found that shooting response
and investigation is very time consuming. Preliminary NIJCR 2020 data shows the exorbitant cost
to taxpayers for injury-based shooting and homicides.
The break down is below:
Based on the yearly averages of 43 homicies ($103,356,004) and 508 shootings ($439,177,176),
Fresno likely spends more than half a billion dollars annually to deal with gun volence.
2. Project Description
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
Page 2 of 8
Fresno EOC will implement Advance Peace Fresno, in partnership with Advance Peace, Faith in
the Valley, the CITY of Fresno and other community partners. Fresno EOC is the designated
Community Action Agency for Fresno County and has been combatting poverty and its root
causes for the last 55 years. Advance Peace (AP) interrupts gun violence in urban neighborhoods
by providing transformational opportunities to young men involved in lethal firearm offenses, and
by placing them in a high-touch, personalized fellowship. Faith in the Valley is a multi-faith, multi-
racial coalition of congregations and faith leaders from across California’s Central Valley that
seeks to unite communities across race, faith and geography to stand together for all those most
vulnerable and for the human dignity of everyone
This program, led by a Program Manager, Field Coordinator and Neighborhood Change Agents
(NCAs), will identify individuals in Fresno County who are the most at-risk of committing violent
offenses, particularly involving gun violence.
Multiple Daily Contacts & Life Coaching with Program Staff
Daily interaction between staff members and Fellows provide Fellows with support, guidance,
encouragement, and mentorship that is often absent in other parts of their lives. Fellowship survey
results indicate that the relationship building with program staff members is one of the most
valuable elements for ensuring continued participation.
Creating a LifeMAP
The LifeMAP (or management action plan) provides an individualized comprehensive
assessment of a Fellow’s circumstances in key areas, include housing, education, employment,
transportation, finances, safety, family/relationships, physical health, mental health, and spiritual,
recreational, and social connections. For each of these areas, the LifeMAP outlines the Fellow’s
short-term and long-term goals and specific steps for achieving them.
Social Services Navigation Support/Referrals Based on documented needs in one’s
LifeMAP
Fresno EOC operates over 30 programs across 15 different service areas. Fellows will be referred
to all available Fresno EOC programs as well as other responsive community services.
Accessing Program Internship, Career Path Programs, Educational Opportunities and
More
Advance Peace Fresno will enable its Peacemaker Fellows to enroll in a number of successful
employment and training programs at Fresno EOC. Evidenced-based materials and approaches
have been included to ensure students have the best opportunities to succeed.
Elders Circle—Intergenerational Mentoring
Advance Peace Fresno will utilize an Elders Circle. A powerful addition to the daily mentoring
provided by NCAs and program staff, this group of elder male volunteers (“elders”) are recruited
and trained to provide intergenerational mentoring to Fellows. Elders are respected in the
community and bring a wide range of expertise including finance, psychology, and philanthropy
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
Page 3 of 8
to the Fellows network. AP will work with Fresno Advance Peace Project to identify and select a
group of elders to ensure an extraordinary inter-generational mentoring platform.
LifeMAP Milestone Program Supports
The Milestone Program Supports serve several purposes. First, they provide an incentive for
young men who may otherwise resist engaging in programming or are reluctant to be regular and
active participants in Fellowship activities. Second, while the supports are not large, they may
serve as an alternative to participating in a street-level economy if a critical need such as access
to transportation or child-care threatens ability to continue to participate in the program.
3. Organizational CapaCITY and Coordination
Fresno EOC has 55 years of experience serving Fresno County as a Community Action Agency
dedicated to fighting poverty and its related challenges. As the largest Community Action Agency
in California and one of the largest in the nation, its services are comprehensive, including more
than 30 programs spanning 15 service areas that encompass almost all facets of human services
and economic development.
In developing this scope of work, Fresno EOC has worked closely with AP, Faith in the Valley,
and the Fresno Police Department in an effort to enhance coordination of existing violence
prevention and intervention programs minimize duplication of services
Fresno EOC’s partnership with Faith in the Valley, which has a network of volunteer community
organizers with similar expertise and backgrounds, will serve as an asset in helping Fresno
Advance Peace Project achieve this priority. Additionally, Fresno Advance Peace Project
program staff will be able to strategize with AP Program Managers in other cities in which the
program model has been implemented. AP programs in Richmond, Stockton, and Sacramento
are led by staff who have extensive experience working with at-risk populations which will be a
valuable resource.
To implement Advance Peace Fresno, Fresno EOC will have a three-year technical assistance
partnership with AP that will include program evaluation services from the UC-Berkeley. Technical
assistance provided to staff by AP will include the following:
Personnel Management Support
• Assist with job descriptions for Program Manager and other staff.
• Assist with recruiting, screening, and hiring of staff.
• Provide 100 hours of training & support for Fresno Advance Peace Project staff.
Operations Management Support
• Participation in weekly strategy meetings with Program Managers from other cities in
which AP has been implemented.
• Support gradual step-by-step roll out of program components to ensure
• Model fidelity and program effectiveness.
• Participation in quarterly Learning Community retreats with Evaluator and
• State/National partners.
• Monthly meetings with Fresno Advance Peace Project staff & program partners.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
Page 4 of 8
• Program Development and Implementation Support
• Assist with the identification, assessment, selection/enrollment and
• Mapping of participants.
• Support program buildout including stakeholder engagement, hot spot
• Assessment, branding, infrastructure, and strategic communications.
• Cultivate capacity of local service providers and public systems to better serve target
population.
• Develop protocols for law enforcement and staff interactions.
• Support future grant development to promote program sustainability.
4. Project Monitoring and Evaluation
Fresno EOC will utilize the University of California, Berkeley, coordinated through AP, to conduct
project evaluation. UC Berkeley is experienced in evaluating similar programs in other areas of
the state and has a proven methodology to evaluate Advance Peace Fresno.
Fresno EOC has established the following goals:
1) 10% reduction of gun violence in the City of Fresno by 2022.
2) 70% of cohort participants placed in a job training or educational program.
3) 75% of cohort participants will not be a suspect in a firearm related offense for at least
three years after program completion.
UC Berkeley will produce an annual evaluation report of program delivery, indicators of program
success, and outcomes. Fresno Advance Peace will provide quarterly updates to all stakeholders.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
Page 5 of 8
Exhibit B
INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (“CITY”)
and Fresno Economic Opportunities Commission (“CONSULTANT”)
Advance Peace Contract
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 (Errors and Omissions) insurance appropriate to
CONSULTANT’s profession.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT 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.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
Page 6 of 8
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 (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT 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
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the CITY’s Risk Manager
or designee. At the option of the CITY’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents,
and volunteers; or
(ii) CONSULTANT shall provide a financial guarantee, satisfactory to
CITY’s Risk Manager or designee, guaranteeing payment of losses
and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or 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. CONSULTANT shall establish additional
insured status for the CITY and for all ongoing and completed operations
under the Commercial General Liability policy by use of ISO Forms or an
executed manuscript insurance company endorsement providing additional
insured status. The Commercial General endorsements must be as broad
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
Page 7 of 8
as that contained in ISO Forms: GC 20 10 11 85 or both CG 20 10 & CG 20
37.
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, CONSULTANT’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 CONSULTANT’s insurance and shall not
contribute with it. CONSULTANT 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: CONSULTANT and its insurer shall waive any right of subrogation
against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance 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 CONSULTANT.
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 CONSULTANT,
CONSULTANT 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. CONSULTANT is also responsible for providing written notice to the CITY
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
ALL-B 3.0 (09 00 2016)
Page 8 of 8
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, CONSULTANT
shall furnish CITY with a new certificate and applicable endorsements for such policy(ies).
In the event any policy is due to expire during the work to be performed for CITY,
CONSULTANT 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 CONSULTANT shall not be deemed to release or
diminish the liability of CONSULTANT, 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 CONSULTANT. Approval or purchase
of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of CONSULTANT, its principals, officers, agents, employees, persons under the
supervision of CONSULTANT, vendors, suppliers, invitees, Consultants, subcontractors,
or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If CONSULTANT subcontracts any or all of the services to be
performed under this Agreement, CONSULTANT shall require, at the discretion of the
CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the CITY to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by CITY Risk Manager or designee.
If no Side Agreement is required, CONSULTANT 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
CONSULTANT 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, CONSULTANT 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.
Doc ID: fd317ff988553a8f9ac7fb086c17f1d459d0cc36
Page 1 of 1
Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
[Project Title]
PROJECT TITLE
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
* If the answer to any question is yes, please explain in full below.
Explanation:
Signature
Date
(name)
(company)
(address)
Additional page(s) attached.
(city state zip)
!
Linda Hayes
Board Chair
Emilia Reyes
Chief Executive Officer
www.fresnoeoc.org
BBOARD OF COMMISSIONERS MEETING
Fresno EOC Board Room
January 22, 2020
6:00 PM
MINUTES
I. CALL TO ORDER
Linda Hayes, Board Chair, called the meeting to order at 6:05 PM
II. ROLL CALL
Roll was called and there was a quorum.
III. PLEDGE OF ALLEGIANCE
IVV. TRANSFORMING AND INSPIRING
Jon Escobar, Director of Food Services, introduced Deborah McCoy, Director of McCoy
Talent Gallery who shared how the Food Express Bus directly benefits the children in her
program. One of her students, Teresa also shared her experience.
The Food Express Bus serves 125 meals per day at a cost of $5,000 per week when in
operation. We received private funding for the bus to run during Spring Break, starting April
6, 2020.
V.. APPROVAL OF AGENDA
M/S/C – Keyes/Meyer to approve the agenda as presented. All in favor.
VI.. APPROVAL OF PREVIOUS MINUTES
December 18, 2019 Meeting Minutes
M/S/C – Isaak/Leon to approve the meeting minutes. All in favor.
VII.. BOARD OF COMMISSIONERS
A. Introduction of Incoming Chief Executive Officer
Chair Hayes introduced our new Chief Executive Officer Emilia Reyes.
B. Seating of Commissioner – 31st Assembly District
M/S/C – Reyna/Leon to approve Seating of Commissioner 31st Assembly District. All in
favor.
C. Introduction of New Commissioners
Felipe De Jesus Perez, Target Area A, Itzi Robles, SEFCEDA, and Amparo Cid, 31st
Assembly District did a brief introduction about their background.
D. Election of Officers
Lynne Jones, Chief of Staff, began the election of officers by announcing the nominees
as follow for Board Chair: Linda Hayes and Lupe Jaime-Milham. No other nominations
were made. Once the commissioners casted their votes on their ballots, Jones and
Susan Shiomi, Internal Audit Director, collected and counted all ballots, including
absentee ballots. The results were: Linda Hayes – 14; Lupe Jaime-Milham – 9. Hayes
won the election for Board Chair.
Jones announced the nominations for First Vice Chair: Angie Isaak and Maiyer Vang.
Jones asked for nominations from the floor. No other nominations were made. Once
the commissioners casted their votes on their ballots, Jones and Shiomi collected and
counted all ballots, including absentee ballots. The results were: Angie Isaak – 2;
Maiyer Vang – 21. Vang won the election for First Vice Chair.
Jones announced the nominations for Second Vice Chair: Daniel Parra. Jones asked for
nominations from the floor. When there were none, Jones announced Daniel Parra was
elected for Second Vice Chair.
Jones announced the nominations for Treasurer: Charles Garabedian and Michael
Reyna. Jones asked for nominations from the floor. No other nominations were made.
Once the commissioners casted their votes on their ballots, Jones and Shiomi, collected
and counted all ballots, including absentee ballots. The results were: Charles
Garabedian – 13; Michael Reyna - 10 Garabedian won the election for Treasurer.
Jones announced the above officer as presented and stated above. All in favor.
E. Access Plus Capital – Election of 3 Fresno EOC Board Representatives
Lee Ann Eager, Chair for Access Plus Capital (APC) informed that APC will no longer be a
subsidiary of Fresno EOC and Operation Agreement is being establish.
Eager suggested the board to vote for three Access Plus Capital representative to sit on
the Board for a one year term. Further discussion continue.
The nominees as follow are: Jerome Countee, Charles Garabedian, Angie Isaak, Barigye
McCoy, Daniel Parra, and Michael Reyna. Barigye would like to remove himself. No
other nominations were made. Once the commissioners casted their votes on their
ballots, Jones and Shiomi collected and counted all ballots. The results were: Countee –
13; Garabedian – 12; Isaak – 10; Parra – 20; Reyna – 11. , Countee, Garabedian, and
Parra won the election for a one year term on the APC board.
MM/S/C – Eager/Maiyer approve to Appoint three for one year term. All in favor.
F. Signatory Authorization Resolution
Rebecca Heinricy, Financial Officer has been added to the Signatory Authorization
resolution.
M/S/C – Arambula/Keyes to approve the Signatory Resolution. All in favor.
G. Committee Interest Form
Hayes informed Commissioners to fill out the Committee Interest From and submit to
Jones.
Arambula suggested all Items go straight to board if no quorum is present for future
references.
VIII. COMMITTEE REPORTS
M/S/C – Garabedian/Martinez to pull B.1, A.2 and approve the following
A. Finance Committee Meeting
1. January 16, 2020 Meeting Minutes
2. Financial Reports: November 2019
a. Agency Financial Statements
b. Head Start financial Status Report
B. Human Resources Committee Meeting
1. January 21, 2020 Meeting Minutes
2. Transit Systems
Drug & Alcohol Policy Update
(Copies of full policy available upon request)
VIII. B.1 Human Resources Committee Meeting – January 21, 2020 Meeting Minutes
Commissioner Rodgers requested approve of previous minutes for HR Committee
Meeting.
MM/S/C - Garabedian/Leon to approve HR Meeting Minutes. All in favor
Monty Cox, Transit Systems Director informed in order to maintain or obtain a
commercial driver license the driver must submit every two years to United States
Department of Transportation a physical examination and a drug and alcohol testing.
M/S/C – Garabedian/Leon to approve the pulled items. All in favor.
VIII. A.2 Financial Reports: November 2019
Commissioner Jaime-Mileham had a question regarding the board approval on
the financial statement recommendation on page 14. Is that the normal
process? Heinricy responded that the audit is done annually from the period of
January through December. Jaime-Mileham also had a question from awhile
back form the Head Start findings on reviewing financials. Heinricy responded
that the finance policy and procedures manual was changed to read semi-
annually instead of quarterly. Reyna questioned if the WIC loan was paid back.
Heinricy responded that they are still owing a balance of $1.7 million.
M/S/C – Vang/McCoy to approve the Financial Reports. All in favor.
IXX. ADVISORY BBOARDS
M/S/C – Garabedian/Reyna to pull Head Start and approve the following. All in favor.
A. Access Plus Capital
December 18, 2019 Meeting Minutes
B. Head Start County Wide Policy Council
1. December 11, 2019 Meeting Minutes
2. December Program Update Report
C. Sanctuary Advisory Board
September 12, 2019 Meeting Minutes
Commissioner Vang requested an updated regarding Head Start Funding.
M/S/C – Keyes/Martinez to approve the Advisory Board meeting minutes and reports
as presented. All in favor.
X. CHIEF EXECUTIVE OFFICER’S REPORT
A. Agency Tour/Board Orientation –January 23rd
Michelle Tutunjian welcomed all new board members and invited them all to the
Agency Tour. Board Orientation on January 23rd.
B. Board Retreat - March 12-14th
2020 Board Retreat Information Sheet
Michelle Tutunjian informed all present that our board meeting will be held at Pismo
Beach this year and to complete the form included in the packet.
C. CSBG Training - February 20th
Tutunjian informed the CSBG Training will be held on February 20th at 5:30 – 7:00 in the
Board Room and an appointment will be send to all.
D. Federal Priorities 2020 – 2021
Jonasson shared the Federal Priorities Report, no further questions.
E. Grant Tracker
Respectfully Submitted,
Linda Hayes, Board Chair
Vang expressed concern in regards to the Census and would like them to do more
outreach to Hmong and other SE Asian Families. Reyna would like to relocated CSBG
funds for Census. Further discussion continue.
XII. COMMISSIONERS’ COMMENTSS
Parra would like to thank Lynne Jones for setting the tour with the Chief of Police.
Vang and Garabedian would like to thank the Fresno EOC team due to the transition.
XII. PUBLIC COMMENTS
EXECUTIVE SESSION
M/S/C - to enter closed Session at 8:25 PM. All in favor.
M/S/C - to leave closed Session at time 9:00 PM. All in favor.
XIIII.. ADJOURNMENT
M/S/C – All in favor to adjourn.
Meeting adjourned at 9:00 PM.
Linda Hayes
Board Chair
Emilia Reyes
Chief Executive Officer
www.FresnoEOC.org
BOARD OF COMMISSIONERS MEETING
Fresno EOC Board Room
September 30, 2020
6:00 PM
MINUTES
1. CALL TO ORDER
Linda Hayes, Board Chair, called the meeting to order at 6:05 P.M.
2. ROLL CALL
Roll was called and a quorum was established.
3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Hayes.
4. APPROVAL OF AGENDA
M/S/C – Isaak/Nichols to approve the agenda as presented. All in favor.
5. APPROVAL OF JULY 23, 2020 MINUTES
A. July 23, 2020 Special Board Meeting Minutes
M/S/C – Isaak/Rodgers to approve the meeting minutes. All in favor.
6. TRANSFORMING AND INSPIRING
A. Fresno Street Saints
B. Recognition Video
Joby Jones and Nicole Hutchings, shared how Fresno Street Saint has
continued to serve the community during the COVID-19 impact. Hayes did a
brief summary of Duchune Pittman and Sister Alexandria Crowder. Sister
Alexandria Crowder shared her experience and is thankful for the program. A
tribute video was presented on behalf of Brian King, for his dedication and
years of serves with Fresno EOC as the Fresno Street Saint Director.
7. 2020 SIGNATORY RESOLUTION
Emilia Reyes, Chief Executive Officer, request board approval for the 2020 Signatory
Resolution to add Jim Rodriguez, Chief Financial Officer.
M/S/C – Rodgers/Nichols to approve the 2020 Signatory Resolution. All in favor.
8. SOUL CONFLICT OF INTEREST
Michelle Tutunjian, Chief Operating Officer, provided an overview of the Conflict of
Interest Code for the School of Unlimited Learning to meet the Senate Bill 126.
M/S/C –Rodgers/Isaak to approve the SOUL Conflict of Interest. All in favor.
9. HEAD START QUALITY IMPROVEMENT PLAN (QIP)
Rodriguez, introduce Brian Henderson from Hudson Henderson & Company, Inc.
providing an overview of the audit report of the Schedule of Operating Expenses and
Independ Accountant’s Report for Head Start for the year of 1999 through 2019.
M/S/C –Arambula/Jaime-Mileham to approve the Head Start Quality Improvement
Plan. All in favor.
10. BOARD APPLICABILITY OF SUNSHINE LAWS
Kenneth Price, agency’s Legal Counsel, provide an overview of the Applicability of
State and Federal conflict of interest and sunshine laws. Policies and procedures will
be establishing to follow Brown ACT and implementing the plan and to creating email
address for commissioners.
11. LEGISLATIVE REPORT
Elizabeth Jonasson, Strategy and Communications Officer provided an update of the
legislative report covering changes happening at the state, and federal levels, that are
being impacted during the COVID-19, and funding sources.
12. SUMMARY OF GRANT TRACKER
Jonasson provided an overview of the grant tracker for the month of August, 50
submitted, 24 funded, 5 denied, and 21 pending.
13. CHIEF EXECUTIVE OFFICER’S REPORT
A. CEO Report
Reyes reviewed the CEO Report. No action required.
14. APPROVAL OF CONSENT AGENDA
Any Commissioner may pull any Consent Item for discussion or separate vote
M/S/C – McCoy/Jaime-Mileham to pull D4 & G2 and approve the following Consent
Agenda. All in favor.
A. Program Planning and Evaluation Committee Items – August 11, 2020
1. June 18, 2020 Meeting Minutes
2. Community Services/Energy Services: 2020 CARES Act Program
Contract
3. COVID-19 Equity Project Budget
4. Project Dawn
5. Food Services: FY 2020-21 Food Services Agreements
6. Gun Violence Reduction Initiative Proposals
7. FY 2021 Head Start/Early Head Start Refunding Grant Application
Package
8. Harvest Project COVID-19 Testing
9. LCC: COVID-19 Emergency Food Distribution Partnership
10. SOUL: 2020-2021 Consolidation Application
B. Finance Committee Items – August 12, 2020
1. June 10, 2020 Meeting Minutes
2. Financial Reports May and June 2020
3. WIC: Furniture Procurement
C. Executive Committee Items – August 26, 2020
1. May 18, 2020 Meeting Minutes
D. Program Planning and Evaluation Committee Items – September 8, 2020
1. August 11, 2020 Program Planning and Evaluation Committee Meeting
Minutes
2. FY 2021 Head Start/Early Head Start Continuation/Refunding Grant
Application Package
3. Head Start: County-Wide Policy Council Bylaws Revisions
4. SOUL: Dashboard Alternative School Status Renewal Application
5. SOUL: Learning Continuity and Attendance Plan
6. Merck for Mothers Safer Childbirth Cities Initiative
7. Risk Assessment Report
Program Planning and Evaluation Committee Items
14-D-4 SOUL: Dashboard Alternative School Status Renewal Application
Commissioner Jaime-Mileham would like to acknowledge SOUL for reopening and
continuing to support the students to be successful during this pandemic.
M/S/C – Jaime-Mileham /Isaak to approve SOUL: Dashboard Alternative School
Status Renewal Application. All in favor.
E. Finance Committee Items – September 9, 2020
1. August 12, 2020 Finance Committee Meeting Minutes
2. Financial Reports July 2020
3. Head Start Attestation Report
F. Pension Committee Items – September 17, 2020
1. May 21, 2020 Pension Committee Meeting Minutes
2. Trustee Appointment
3. 2019 Retirement Plan Audits
4. Plan Financials and Investment Report
5. Investment Fund Change
G. Human Resources Committee Items – September 21, 2020
1. June 8, 2020 HR Committee Meeting Minutes
2. 2021 Health Plan Rates
Human Resources Committee Items
14-G-2 2021 Health Plan Rates
Commissioner Vang inquired of the changes impacting employees for the 2021 Health
Plan Rates. Annabelle Gamez, HR Manager provided a brief presentation of the
changes to the health plan rates. They recommended staff to look into aff ordable
health care plans and bring forward to Committee for next year's recommendation.
M/S/C – Vang/Cid to approve 2021 Health Plan Rates. All in favor.
15. ADVISORY BOARDS
A. June 17, 2020 Head Start County-Wide Policy Council Minutes
B. June 18, 2020 Sanctuary Advisory Board Meeting Minutes
C. August 12, 2020 SOUL Governing Council Meeting
D. August 20, 2020 Local Conservation Corps Advisory Meeting Minutes
E. September 8, 2020 SOUL Governing Council Meeting
M/S/C – Isaak/Rodgers to accept the Advisory Boards. All in favor.
16. COMMISSIONERS’ COMMENT
Hayes requested a moment of silence in honor of Richard Keyes who passed away on
Sunday.
Hayes requested a memory statue for Mr. Keyes to be located at the Fresno EOC
Executive Plaza.
17. PUBLIC COMMENTS
(This portion of the meeting is reserved for persons wishing to address the Board on
items within jurisdiction but not on the agenda. Comments are limited to three minutes.)
Terrie Matters, thanking the agency for the opportunity to listen and to learn from us.
18. CLOSED SESSION
M/S/C –Vang/Isaak to enter into executive session at 8:20 PM. All in favor.
M/S/C –Rey/McAlister to leave closed executive session at 9:30 PM. All in favor.
19. ADJOURNMENT
M/S/C – Rodger/Vang to adjourned meeting at 9:30 P.M. All in favor.