HomeMy WebLinkAboutFEOC - ESG - Homeless - 2015lf :e f l';AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the l$day of Seotember, 2015 by
and between the CITY OF FRESNO, a California municipal corporation ("C|TY"), and
"Economic Opportunities Commission", California, lnc., a Califomia 50f (c)(3) not-for-
profit Corporation ('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 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 cig.
Then CITY issued a Notice for Funding Available (NOFA) on Julyl g, 2O1S
soliciting for proposals to provide; street outreach & emergency shelter; homelessness
prevention assistance to households who would othen^/ise become homeless;
assistance to rapidly re-house persons who are homeless; and related grant
administration (up to 2.5o/o of award).
ln 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.
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:
ARTICLE I
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.
"ACT" - 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant
and Consolidated Plan Conformíng Amendments lnterim Rule , published in the Federal
Register on December 5,2011 (76 Fed. Reg. 75954).
"Administrato/' and "Contract Administrator' shall mean the Manager of the
Housing and Community Development Division of the Development and Resource
Management Department of City or his or her designee.
'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.
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"Budget" shall mean RECIPIENT's Cost Proposal submitted with the Bid
Proposal.
"City Manage/'shall mean the City Manager of CITY.
"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.
"ESG' shall mean Emergency Solutions Grant as set forth in the ACT.
"General Conditions" or "General Requirements" shall mean the General
Requirements contained in the NOFA.
"Program" shall mean servíces designed to identify sheltered and unsheltered
homeless persons, as well as those at risk of homelessness, and provide necessary
help to those persons quickly regain stability in permanent housing after experiencing a
housing crisis and/or homelessness within the parameters and requirements of the ACT
and the ESG Policies and Procedures.
"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 eamed 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.
"NOFA" shall mean the Notice of Funding Availability for the Cig of Fresno
Emergency Solutions Grant dated July 13, 2015.
"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
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. Scooe 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 expressly set forth therein.
3. Effective Date and Term of Aoreement. lt is the íntent of the Parties that
this Agreement be effective as of the date first set forth above as to all terms and
condltions of the Agreement. Services of RECIPIENT shall commence as of September
1, 2015 and shall end June 30, 2016, which shall be the term of this Agreement, unless
terminated earlier as provided herein.
4. Comoensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed Sixty One Thousand, Seven Hundred and Fifty Dollars
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and Zero Cents ($61,750.00) for satisfactory performance of the services rendered
therefore and as set forth in Exhibit B attached hereto and incorporated herein.
Compensation is based on actual expenditures incuned by RECIPIENT in accordance
wíth the Budget set forth in Exhibit B. lt is understood that all expenses incidental to
RECIPIENT's performance of services under this Agreement shall be borne by the
RECIPIENT. lf RECIPIENT should fail to comply with any provisions of this Agreement,
CITY shall be relieved of its obligation for further compensation.
(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, generally within forty five (45) days after the date of
receipt by CITY of a correctly completed 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 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 (a), and any amounts advanced are authorized and appropriated for that
fiscal year of the CITY covering the period for wtrich an advance is proposed.
(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 thís Agreement or the date of expiration of this Agreement,
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 othenMse 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 9 below.
(f) RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 (al oÍ this Agreement.
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5. Matchinq 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 at the rate of $5 per hour. 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. To qualifv
matchino funds as such thev must be aoolied in furtherance of the services hereunder.
6. Loss of Third Partv Fundinq: ln 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 in
Section 9 below. RECIPIENT shall notify CITY in writing within 7 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 RECIP¡ENT'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. lf the Administrator accepts such new service or funding plan, then such plan
will be subject to the requirements in Section 14 below.
7. Disposition of Prooram lncome. 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.
8. Events of Default. When in the opinion of CITY, there is an occurrence of
any one or more of the following provísions it will represent an Event of Default lor
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.
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(d) The services required hereunder are incapable of or are
improperly being performed by recipient.
(e) Refusal of RECIPIENT to accept change under Section 16
(f) RECIPIENT fails to maintain any required insurance.
(g) There is a loss of third party funding (see Section 6 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 fourteen (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 fourteen (14) days.
(¡) RECIPIENT's failure, inability or admission in writing of íts inability
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
(10) 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.
9. 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 thirty (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 thirty (30)
days to remedy such failure so long as RECIPIENT is díligently 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 withín the time specified in the notice of Event
of Default; (ii) 7 calendar days prior written notice without cause by CITY to RECIPIENT;
(¡¡i) 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) lmmediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately stop allwork hereunder; (ii) immediately cause any and
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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. lf it is determined that CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(d) ln 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.
10. lndemnification.
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), and from any and all claims, demands and actions in law or
equity (including reasonable attomey's fees and litigation expenses) that arise out of,
pertain to, or relate to the negligence, recklessness or willful misconduct of RECIPIENT,
its principals, officers, employees, agents or volunteers in the performance of this
Agreement.
lf RECIPIENT should subcontract all or any portion of the services 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 expiration or termination of this Agreement.
11. lnsurance.
(a) Throughout the life of this Agreement, RECIPIENT shall pay for
and maintain in full force and effect all ínsurance as required in Exhibit D or as may be
authorized in writing by CITYS Risk Manager or his or her designee at any time and in
his or her sole discretion.
PRC 1.0/10{7-04
(b) lf 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
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.
(d) 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.
(e) lf RECIPIENT should subcontract all or any portion of the services
to be performed under this Agreement, RECIPIENT shall require each subcontractor to
provide insurance protection in favor of CITY and each of its officers, officials,
employees, agents and volunteers in accordance with the terms of this section, except
that any required certíficates and applicable endorsements shall be on file with
RECIPIENT and CITY prior to the commencement of any services by the subcontractor.
12. On-Site Monitorino. 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 12 shall survive termination or expiration of this Agreement.
13. Records, Reoorts and Insoection.
(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
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comply with all applicable requirements of the Office of Management and Budget
Circular A-122, Cost Principles for Non-Profït Organizations; OMB Circular A-133 Audits
of States, Local Governments and Non-Profit Organizations, including the provision of a
single audit (generally applicable where funding from all federal sources in any fiscal
year exceeds $500,000), and to such extent shall submit to the CITY any applicable
auditor's reports and audited financial statements no later than three (3) months after the
RECIPIENT's fiscal year end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110
Uniform Administrative Requirements for Granfs and Other Agreements with lnstitutions
of Higher Education, Hospitals, and Other Non-P¡ofit Organizations.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
(1) RECIPIENT shall send all required reports to the
Administrator not later than the fifteenth of the month following the last day of the
latest month for which the report is due.
(2) Except as otherwise authorized by CITY, RECIPIENT shall
retain such records for a period of five (5) years after receipt of the final payment
under this Agreement or the earlier termination of this Agreement, whichever
occurs later.
RECIPIENT is to prepare written financial statements, and
completed Homeless Services 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
thirtieth (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) All costs shall be 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 they shall be clearly identified and
readily accessible to ClTY.
(c) During the life of this Agreement and for a period of five (5) 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
and personal interviews of participants, RECIPIENTS staff, and employees by
Administrator and other CITY and/or HUD representatives.
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(d) The RECIPIENT is required to participate in the Fresno Madera
Continuum of Care ("FMCoC"). Participation is defined as attendance at a minimum of
75o/o ol all FMCoC Director's meetings.
(e) The RECIPIENT is required to collect and report client-level data
in a database comparable to the local Homeless Management lnformation Systems
("HM|S") run by the Housing Authorities of the City and County of Fresno through a
Memorandum of Understanding with the FMCoC or a data base that complies with any
special requirements which may be developed by HUD for legal services or domestic
violence victim service recipients as pre-approved by the CITY. Reporting in a database
comparable to HMIS is a requirement of ESG funding. The comparable database will be
maintained by the RECIPIENT and used to collect data and report on outputs and
outcomes as required by HUD. RECIPIENT is required to enter all client intakes,
provide regular updates and exit all clients once services are completed. As applicable,
RECIPIENT must enter the following information in the comparable database for federal
reporting purposes:
1) Name
2l Social Security Number
3) Date of Birth
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
8) Disabling Condition
9) Residence Prior to Program Entry
10) Zip Code of Last PermanentAddress
11) Housing Status
12') Program Entry Date
13) Program Exit Date
14) PersonalldentificationNumber
15) HouseholdldentificationNumber
16) lncome and Sources
17) Non-Case Benefits
18) Destination (where client will stay upon exit)
19) Financial Services Provide (if any)
20) Housing Relocation & Stabilization Services Provided (if any)
(f) CITY shatt provide full reporting requirements as required by HUD,
under separate documentation for RECIPIENT. lf RECIPIENT is a legal services or
domestic violence victim services RECIPIENT, and requires client-level information to
remain confidential, they will be required to establish a comparable clienþlevel database
intemalto its organization (e.9. 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 administering agency, as an agent of the FMCoC, to determine that the alternative
database meets the standards for comparable client-level databases, including
comptiance with the HMIS Data and Technical Standards which are acceptable to HUD
and the CITY.
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(g) All data elements specified above in 13(e) must be recorded for
each ESG Program in the HMIS and the fields needed to correctly generate the
performance reports are required to be collected in the comparable database.
(h) 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 13 shall survive expiration or termination of this Agreement.
14. Subcontracts. The RECIPIENT shall not enter into subcontracts for any
work contemplated under the Agreement without first obtaining the CITY's written
approval.
(a) An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CIW'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
this Agreement.
(c) Any subcontract shall be subject to all the terms and conditions of
thís Agreement.
(d) No officer or director of RECIPIENT shall have any direct or
indírect financial interest in any subcontract made by RECIPIENT or in any loan,
purchase of property, or any other anangement made by RECIPIENT, by whatever
name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall
complete a Cig of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit D. 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 requ¡re 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 Califomia 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
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giving rise to the appearance of a conflict of interest, REC¡PIENT 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
16. 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 982.4010). ln 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 Haza¡d
Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations at 24 CFR
Part 35. ln 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
requíremenls al24 CFR Part 5 are modified as follows:
(¡) Rehabilitation Act requirements. HUD's regulations at 24
CFR Part I 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
unifs in 24 CFR Part I shall include sleeping accommodations.
(i¡) RECIPIENT shall make known that use of the facilities and
Services are available to all on a nondiscriminatory basis. lf the procedures that the
RECIPIENT intends to use to make known the availability of the facilities and Services
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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 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
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 thir$ (30) days' notice and opportunity to cure such violation. lf 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. lf a violation is discovered,
RECIPIENT shall pay for the cost of the independent consultant.
(g) The OMB Circulars referenced in this Agreement are available at
the Entitlement Cities Division, Room 7282, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410.
17. Relocation.
(a) RECIPIENT shall assure that it has taken all reasonable steps to
minimize the displacement of persons (families, índividuals, businesses, nonprofit
organizations, and farms) as a result of this project and the Services rendered in pursuit
thereof.
PRC 1.0/10{7-04
(b) A displaced person must be provided relocation assistance at the
levels described in, and in accordance with, 49 CFR Part 24, which conta¡ns the
governmenþwide regulations implementing the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
18. FurtherAssurances.
(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 obtaíned 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) ln 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
codes.
(d) RECIPIENT shall be
recapture or repayment obligation imposed
RECIPIENT in pursuit hereof.
solely responsible and liable for any
by HUD due to any act or omission of
(e) RECIPIENT acknowledges that RECIPIENT, not the CITY, is
responsible for determining applicability of and compliance wíth the ACT and all other
applicable local, state, and federal laws including, but not limited to, any applicable
provisions of the Califomia Labor Code, Public Gontract 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 ôompliance, 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. During the performance of this Agreement, RECIPIENT
agrees as follows:
PRC 1.0/1047-04
(i) RECIPIENT will comply with all laws and regulations, as
applicable. No person in the United States shall, on the grounds of race, color,
creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age,
marital status, status as a disabled veteran or veteran of the Vietnam era,
medical condition, or physical or mental disability 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.
(ii) RECIPIENT will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, and status as
a disabled veteran or veteran of the Vietnam era, medical condition, or physical
or mental disability. RECIPIENT shall take affirmative action to ensure that
applicants are employed, and the employees are treated during employment,
without regard to their race, color, creed, religion, sex, sexual preference,
national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoln 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.
(i¡¡) RECIPIENT will, in all solicitations or advertisements for
employees placed by or on behaÌf of RECIPIENT, state that all qualified
applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity,
age, marital status, status as a disabled veteran or veteran of the Vietnam era,
medical conditíon, or physical or mental disability.
(iv) 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.
ARTICLE 3
GENERAL PROVISIONS
19. 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 límitation, 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;
PRC 1.0/10{7-04
(ii) insubstantial changes in the nature or scope of services specified in this Agreement
approved by the Administrator in his/her sole discretion; and (iii) changes to the
insurance requirements specified in Exhibit C approved by CITY's Risk Manager in his
or her sole discretion.
20. Public lnformation. RECIPIENT shall disclose all of its funding sources to
CITY which, thereafter, will be public information.
21. Copvriohts/Patents.
(a) lf 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
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 allmaterialwhich 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.
22. Political Activitv 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.
23. Lobbvino Prohibited. None of the funds provided under this Agreement
shall be used for publicity, lobbying or propaganda purposes designed to support or
defeat legislation pendíng before any legíslative body.
24. Third Partv 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. lt is not intended that any rights or interests in this
Agreement benefit or flow to the interest of any third parties.
25. 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 eny program or activity made possible by or resulting from this
Agreement.
PRC 1.0/10{7-04
(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
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.
26. lndeoendent Contractor.
(a) ln 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 venturer, partner or
associate of CITY for any purpose. CITY shall have no right to control or supervise or
direct the manner or method by which 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. ln addition, RECIPIENT shall be solely responsible and save CITY harmless
from all matters relating to payment of RECIPIENT'S employees, including, without
PRC 1.0/1047-04
limitation, compliance with Social Security withholding, and all other regulations
governing such matters. lt is acknowledged that during the term of this Agreement,
RECIPIENT may be providing services to others unrelated to CITY or to this Agreement.
27. 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.
28. Bindino. 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.
29. Assiqnment.
(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.
30. 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 applícable 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.
31. 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.
32. Governino Law and Venue. This Agreement shall be govemed 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.
PRC 1.0i10{7-04
33. Headinos. The Section headings in thís 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.
34. Severabilitv. The provisions of this Agreement are severable. The
invalidity or unenforceability of any one provision in this Agreement shall not affect the
other provisions.
35. 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 any Party, but rather by
construing the terms in accordance with their generally accepted meaning.
36. Attomev's Fees. lf either Par$ 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 thê
other Party its reasonable attorney's fees and legal expenses.
37. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
38. 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.
tn 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 modffy the allocation of rísk between the Parties,
provided for within the body of this Agreement, are null and void.
- 39. 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.
40. Extent of Aoreement. 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.ilt
Ht
PRC 1.0/10{7-04
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:q/tt/t5
By:
By:
Angus
(Attach Notary Certif icate of Acknowled gement)
Date: 1'l- t f
Name:
Title:
(Attach Notary Certificate of Acknowledgement)
Date:
RECIPIENT:
Fresno Economic Opportunities Commission
Deputy City Attorney
Date:
Addresses:
CITY:
City of Fresno Attention: Brian Angus
Attention: Bruce Rudd, City Manager Phone: 559-498-8543
2600 Fresno Street Room 3076 FAX: 559-498-0916
Fresno, CA 93721
Phone: (559)621-8300
FAX: (559) 488-1078
Attachments:1. Exhibit A - Scope of Services2. Exhibit B - Budget Summary3. Exhibit C - Homeless Services Report
5. Exhibit D - lnsurance Requirements4. Exhibit E - Conflict of lnterest Disclosure Form
City Manager
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
PRC 1.0/1047-04
GALIFORI{IA ALL.PURPOSE ACKIIOWLEDGMEI{T ctvtl coDE s rr89
A notary public or other officer completing this ceftificate verifies only the identity of the individual who signed the
document to which this cerlificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Fracnn
on septemher 1 6,'r01 5 before me, Katheryn eornelr r NoÈary pubrie ,
Date
personally appeared
Here lnse¡t Name and Title of the Officer
t(*t(***BrUCe RUdd******
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose nameþ) i
subscribed to the within instrument and acknowledged to me that h executed the same in
or the entity upon behalf of which the personþ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above
OPTIONAL
Though this sectlon is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
cription of Attached Document Agreement Emergency Solutions Grant
or Type of Documenl' Economic Opportunities Document Date:Oq/O1/2O
Signe(s) Other Than Named 45S6¡nmission
Capacity(ies)
Signer's Name:Signer's Name:
-1 Corporate Officer - Title(s):tl - Title(s):
i I Partner - tl Limited flGeneral nLimited ilGeneral
I Attorney in Facti I lndividual
i I Trustee
t l Other:
n Attorney in Fact
[l Guardian D Trustee
Ll Other:
Guardian or Conseruator
Signer ls Represerttiñg:Signer ls Representing:
IOÎIIERYil CORI{ELL
Conmlrrton tZAlf¡U¡T' Nohry Puùilc - Gdilbad¡
@2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
Exhibit A
SGOPE OF SERVICES
Consultant Service Agreement "Between" City of Fresno
and Fresno Economic Opportunities Commission
See attached
PRC 1.0/10-07-04
SECTION 2 - PROJECT DESCRIPTION
@ervíew of Propose<t Program, Act¡v¡t¡es, and/or Services
Fresno Economic Opportuníties Commission ("Fresno EOC') Sanctuary and Youth Services
("Sanctuary") proposes to utilize federal Emergency Solutions Grant (ESG) funding to provide
services îo¡ 2O5 individuals over a six-month term for Rapid Re-Housing, Homeless Prevention,
and Street Outreach.
The proposed services are in alignment rvith Fresno EOC's mission and vision, and fit well within the
mul¡tude of services provÍded by Fresno EOG Sanctuary. Fresno EOC Sanctuary has the experience
and capacity to deliver services efficiently and effectively. The Sanctuary program is designecl to
combat homelessness from many angles, incorporating a complete sl/stem of care, from reaching
out to unsheltered persons on the street and providing a comprehensive intake process to determine
the best delivery of services - whether ít be emergency shelter, transitional living assistance or rapid
re-housing - to delivering comprehensive services with care and efficiency.
W¡th many partners and referral resources, Fresno EOC Sanctuary will assist in providing for the
many needs of those facing homelessness, including, but not limited to pfovid¡ng access to health
care, cou¡seling, job placement assistance, child care and assistance w¡th paying moving expenses
ancl utilíties.
Fresno EOC Sanctuary will serve those in need of housing assistance and comprehensive case
management services, who are verified homeless or are at rislt of homelessness in accordance with
HUD'j defin¡tion and ESG's eligibility determination. Assistance may be provided via rapid re
housing, homeless prevention, or street outreach seruices based on the needs of each client.
Rapid Re,Housing for t households (15 individualsl, which will include housing relocation and
stabilization services (security deposits, last month's rent, housing search and placement
activities, and housing stability case management) and tenant-based rental a$sistance (up to 3
months, short-term rental assistance) for those considered 'literally homeless". The total period
for which any program particípant may receive services wíll not exceed 6 months through this ESG
program.
Each eligible client will receíve up to 3 months of short-term graduated declining rental assistance.
Fresno EOC SanAuary will embrace the 'Hous¡ng First" approach and to rapÍdly re-house those for
whom homelessness cannot be prevented. Ctients will receive housíng relocation and stab¡lization
services including housing identifieation and placement, financial assistance with housing costs,
advocacy and assistance in addressing housing baniers, and case management services specifically
focused on maintaining housing stabilization. Case management services will include an initial
consultation to determine eligibility, verification of income and housing status, conducting a client
needs assessment, developing and mon¡toring an indivídualized servíce plan, entering HMIS data on
progress of client, evaluating client progress, providing information and referrals to programs
targeted to homeless people, and assisting clíents into rapid re-housing placement.
Fresno EOC's reputation as a collaborative partner and leader in provicting housing, education, and
employment services within Fresno County makes it an ideal organ¡zat¡on to coordinate this effort
and provide wraparound services to link partic¡pants to appropriate supportive services, such as
housing, nutrition, mental health, and health care. In addition, Fresno EOC has been a long'time
membCr of the Fresno Madera Continuum of Care (FMCoC), has partic¡pated extensively with HMIS,
was a Homeless Prevention and Rapid ReHousing (HPRP) provider for the City of Fresno, and
currenly is an ESG provider of rapid rehousing seruices, making the agency experienced and well-
positioned to adminíster the stated project and address the service needs of the ídentified
vulnerable populatíon.
As described in Section 4 - Prciect Scf¡edule, the project services reflect clients once enrolled in the
program, clients will engage in case management plann¡ng" counseling assessment, inítiation of
wraparound services, linkages to service providers, life skills development, and financial assistance
with rent, security and utility deposits. Fresno EOC Sanctuary will provide eli$ble households wÍth
rental ass¡stance, case management and stabilization services in three Phases over a &month
period.
All households will be placed in low-income multi-family residential units. Costs for units are based
on HUD's 2015 Fair Market Rate (FMR) value for the Fresno area. The breakdown of units varies.
Fresno EOC will anticipate placing nine households ín one and two bedroom units based on
previous experiences. All nine households will receive up to 10O% housing subsidy and security
deposit during the first month of placement, and then the subsidy will gradually decline the next
two months whereas the household has demonstrated the ability to sustain their living expenses
and maintain stable housing. Clients may also be eligible to receive financial assistance with
moving expenses and storage fees. Clients will be transitioned out of the program after no more
than three,months of services. Every effort will be made to engaEe clients in 30-day follow up
evaluations to most effectively determine the level of successful ¡ntervent¡on.
Hometess Prevention for 4 households 110 índividualsì, which will include housing relocation and
stabilization services (utility depos¡ts of payments, last month's rent, and housing stability case
management) and tenant-based rental assistance (one-time payment for up to 2 months of rent in
arrears to include late fees ). The total period for which any program part¡c¡pant may receive
services will not exceed 6 months through this ESG program.
Each eligibte client will receive a one-time payment for rental assistance. Fresno EOC Sanctuary will
embrace the "Housing First" approach and strategy to prevent homelessness to those households at
the greatest risk of becoming homeless in the absence of financial assistance. Each client will
receive housing assístance including, financial assistance with housing ccsts, advocacy and
assistance in addressing housing barriers, referrals to community resources and mainstream
benefits, and case management services specifically focused on maintaining housing stabil¡zat¡on.
As described in Sectrbn 4 - Project Scf¡edule, the project seruices reflectall services reflects for
clients once enrolled in the program, clients will engage in case management planning counseling
assessment, initiation of wraparound services, linkages to service providers, ancl financial
assístance with rental assistance and utility deposits.
All households will be placed in low-income multí-family residential units. Costs for units are based
on HUD's 2015 FMR for the Fresno area. The breakdown of units varies. Fresno EOC will anticipate
placing four of households in two bedroom units based on previous experiences. All four
households will receÍve up to 100% housing subsicly durlngthat one t¡me assistance.
streetoutreachtoprovideemerEencycareonthestreetfor,
including referrals for emergency health or mental health care, housing services, engagement,
case management, and street-based services for homeless populations. Street outreach will
locate, ictentify, and build relationships with unsheltered homeless people and engage them for
the purpose of providing immediate support, intervention, and connections with homeless
ass¡stance programs and mainstream social servíces and housing programs. These activities
include an assessment of needs and eligibility, providing crisis counseling addressing urgent
physical needs, such as meals, clothes, or survival items, and actively connecting and providing
information and referrals to programs targeted to homeless people, including emergency shelter,
permanent-supportive housing homeless prevent¡on, and rapi&rehousing programs. stfeet
outreach will maintain a steady caseload over the proposed six month term, as depícted in the ¡n
Section 4 - ProjectSchedule.
SECNON 3 - MEETING PROGRAM FOLICIESAND PRIORITIES
Meeting Ferforma nce Standa rds
ln the provision of services through the proposed Rapid ReHousing, Homeless Prevention, and
Street Outreach programs, Fresno EOC Sanctuary will adhere to proven best practices,
incorporating necessary practices and procedures to assure the delivery of services to the targeted
homeless populations in the most effective and efficient manner. ln order to meet the h¡ghest
performance standards, Fresno EOC Sanctuary will incorporate the following ESG Policies and
Procedures. The Sanctuary will:
adhere to the Housing First Model as a proveneffective practice;
continue to ut¡lize Homeless Management lnformation Slatem (HMIS) to ma¡ntain cl¡ent
data and track service numbers in accordance with funding requirements and centralized
efforts facilitated by the Fresno Madera Continuum of Care (FMGoC);
attend all ESG partner meet¡ngs as called by the City of Fresno;
continue to be a member in good standing of the FMCoC (Many members of Sanctuary's
management team have served on the Executive Committee, F¡nance Committee, Outreach
Committee, Evaluatíon Committee, and 25 Cities Community Team);
utilize a single intake applícation as agreed upon by City of Fresno;
participate and assist at the Multi-agency Access Point (MAP) Point which serves as
Fresno's centralized intake center usíng Vulnerability lndex & Service Prioritization
Decision Assistance Tool (VI-SPDAT) to assess housing needs; and
take referrals from Mult¡-agency Access Point (MAP) Point, 2-1-1 and other homeless
servíces providers including City, County, State or Federal agencies, and partners including
City of Fresno administrat¡ve staff.
ldentification of the Population and Area to be Served
Fresno EOC Sanctuary will serve the individuals and families who are defined as homeless by the
U.S. Department of Housing and Urban Development (HUD) 24 CFR Parts 91, 582, and 583
regulat¡ons, including those that are: a) literally homeless; b) at imminent risk of homelessness; c)
homeless under other Federal statutes; and d) fleeing/attempting to flee domestic violence.
Adct¡tionatly, based on its extensive service history and experiential foundation, the Sanctuary
¡ntends to target the fotlowing high priority suÞpoputations from the City of Fresno:
¡ Unsheltered homeless individuals and families who are living outdoors or in other palaces
not intended for human habitat¡on;
¡ Chronically homeless persons;
o lndividuals and families currently in housing, but are at r¡sk of becoming homeless
¡ Unaccompanied youth underthe age of 18; and
¡ Youth aging out of the foster care system.
All clients to be served with ESG funds will be at or below 3O% of the median income for the
County of Fresno, which shall be verified via an income documentatíon process. All households
served must undergo a housing status eligibility for rapíd re-housing or homeless prevention
assistancc in accordance with the ESG Program Policies and Guidelines. Every effort will be made
to ident¡fy and serve households that are most in need of this temporary assistance and who are
most likely to achieve stable housing, whether subsidized or unsubsidized, outside of ESG support
after the program concludes.
The proposed service populations have been targeted by Sanctuary, making them fam¡liar and
accessible due to the long-standing rapport ancl extensive referral base that has already been
established city-wide. Aclditionally, the "continuum of care' within the Sanctuary programs
ensures that individuals and families receive comprehensive assístance throughout their transition
from homelessness to self-sufficiency: the Sanctuary Outreach to the Streets (SOS) team
a.
b.
c.
d.
e.
f.
identifies homeless individuals and families on the streets;the Shelter provides crisis intervention
and residential care for youth t2-L7: older youth and young famities utilize transitional living r
services to further attain the skills and resources needed to trans¡tion to permanent housing
chronically homeless individuals and families are referred to Project PHoenix.
An extensive, stendardized ¡ntake and eligibility screening, including the vl€PDAT, is conducted on
all prospective clients to ensure that their needs align with the funding objectives and that they are
committed to achieving successful outcomes.
SEgflON 4 - PROJECTSCHEDULE
TíMEUNE FOR PROY'S'ON OFSERVICES AND ÐíP'ENDITURE OFFUNDS
Rapid ReHousing -Fresno EOC Sanctuary will provide nine (9) eligible households (HHs) with rental
assistance, case management and stabil¡zation services in three (3) Phases over a Èmonth period,
as follows:
Homeless Prevention-Fresno EOC Sanctuary wÍll provide four (4) eligible households (HHs) with
rental assistance, case management and stabilizat¡on serv¡ces over a êmonth period, as follows:
over a êmonth , as follows:
Month t Activity: Eligib¡lity screeníngs, intake, and needs assessment begíns -Process will be
ongoing throughout program as new HHs are phased in. Exoenditure: Case Management,
$2,224/month x 3 months =$6,672; Rental application fee of $25 average for six HHs=$150.
Month 2: Actívity: Phase 1 Placement of 3 HHs to receive short-term rental assistance for 3 months.
Exoenditure: Security deposit, 100% and 100% housing subsidy assistance to Phase 1 llHs. Three
(3) one bedroom apartment un¡ts at $676, sec. dep. at $676. Case managemenl,$2,224.
IFonth3:Activ!!y:Phase2Placementof2HHstoreceiveshort-termrentalassistancefor3'months.
Expenditure: 907o housing subs¡dy assistance to Phase 1 placement of 3 HHs. Security deposit,
f:OOVq and 100% housing subsidy assistance to Phase 2 placement of 2 new HHs. Two (2) one
bedroom aoartment units at $676 anct sec. dep. at $676. $2,224 for case manaÉement services.
Month 4: Actlvity: Phase 3 Placement of 4 HHs to receive short-term rental assistance for 3 months;
Complete remaining 3Gday aftercare follow-ups with Phase l and exit of 3 HHs. Exoenditure: lssue
80% housing subsidy assistance to Phase 1 HHs. 90026 housing subsidy assistance to Phase 2 HHs.
Case management, $2,224. Sec. dep., 100% and 100% housing subsidy assistance to Phase 3 HHs.
Four (4),two-bedroom apartment unÍts at $853, sec. dep. at $853. Case managemenl, $2,224,
Month 5: Activitv: Complete remaining 3Oday follow ups with Phase 2 and exit of 2 HHs.
Exoenditure: 80% housing subsidy ass¡stance to Phase 2 HHs. 90% housing subsidy assistance to
Phase 3 HHs. Case manaqemenL$2.224.
Month 6: Activity: Complete remaining 3Gday follow ups with Phase 3 and exit of 4 HHs.
Exoendíture: 80% housinq subsidv assistance to Phase 3 HHs. Case manaEement, $2,224.
1: Activity: El¡gibility screenings, intake, and needs assessment begins -Process will be
ongo¡ng throughout plogram, as new HHs are phased in. Exoenditure: Case management,
$895/month.
new HHs. Exoenditure: lssue one-time payment of rent in
arrears (2 mos.) assistance for twobedroom unit at $853. Utility payment for one HH at average of
$130.33. Comflete remainíng 30{ay aftercare follow-ups and exit of 2 HHs. Case management,
$895/month.
arrears (2 mos.) assistance for two-bedroom un¡t at $853. Utility æyment for 1 HH at average of
$130.33. Complete remaining 30day aftercare follow-up, exit of 1 HH. Case management,
Month 6: Activity: Phase 3 placement of 1 new HH. Expend¡ture: lssue one-time payment of rent in
arrears (2 mos.) assistance for two-bedroom unit at $853. Utility payment for 1 HH at average of
$130.33. Complete remaining 30day aftercare follow-ups with Phase 1 and exit of 1 HH. Case
Street Outreach -Fresno EOC Sanctuary will provide outreach services to 30 unduplicated clients
unduplicated clients/month will receave street
Exoenditure:$L,342.5O/month x 6 rnonths-$8,O55 for street outreach services; $162.50/month
for mileage reimbursementx 6 months=$97S.
SECTION 5 - E'(PERIENCE OF FRESNO EOC
Fresno EOC is a nonsectarian 501(cX3) nonprofit organization, and Fresno County's designatecl
"Community Action Agency' - widely recognized as one of the largest in the nation. Founded in
1965, following the passage of the Economic Opportunity Act of 1964, Fresno EOC has spent nearly
five decades investing in people to assistthem in becoming self-sufficient.
Fresno EOC has been involved in serving the homeless since 1977, and Fresno EOC Sanctuary has
been serving the homeless youth population in Fresno County since 1992, when the Sanctuary
Youth Shelter was establ¡shed to provide emergency shelter and support for the most underserved,
at-risk and vulnerable populations throughout Fresno County. Youth Services expanded its reach in
1998 when the f¡rst Transitional Living Center (TLC) opened, providing services to assist t6-24 year
olds in making a successful transition from homelessness to stable, safe living conditíons and
successful independence. There are now three TLC sites in operation. Fresno EOC Sanctuary also
operates the Sanctuary Outreach to the Streets (SOS) program as well as Safe Place, a network of
270 sites in Fresno County, including schools, parks and c¡ty buses, where youth can ga¡n direct
access to Sanctuary Youth Shelter and its services. Safe Place has been recognized as one of the
most active Safe Place projects in the nat¡on.
Fresno EOC Sanctuary and Youth Services has served thousands of youth between the ages of 11
and 24 with crisis intervention, family reconciliation efforts, survival aid, case management,
treatment and counseling, information and referrals, prevent¡on and eclucation activities, health
care, follow up and after care support, supportive housing, emergency shelter and other supportive
services through the SOS program, Youth Shelter and/orTrans¡tíonal Living Centers.
Transitional living and supportive services provided to older youth ages Lêl24 have proven
successful in assisting those youth for whom there ¡s little chance of family reconciliation and who
have nowhere else to turn for support. Youth who are provided up to two years of stable l¡ving
anangements complemented with other supportive services such as ass¡stance obtaining
documentation needed to secure employment, counseling and educational assistance, have become
successfully independent and equipped with the lífe skills necessary to navigate the twists and turns
that they may encounter in life.
Fresno EOC Sanctuary and Youth Services provided horneless prevention and rapid re-housing
(HPRP) act¡vit¡es by collaborating with a total of 34-property owners/manager to place 89
households (274 people) with rental assistance for safe and alfordable housing during September
2OO9 -June 2OL2. Housing partners provide affordable low-income hous¡ng by waiving application
fees, discounting the security deposit, and/or prerating rent for the f¡fst month. ln addition, housing
partners worked with tenants (HPRP clients)that received low credit scores.
Þ<perience tltilizing ESG Funds
The County of Fresno contracted with Fresno EOC through an Emergency Solutions Grant (ESG), to
provide rapid re-housing services including rental assistance and relocation and stab¡lizat¡on
services to 23 chronically homeless individuals (16 households) from February 5, 2013 thru June
gO,2OL4, a 17-month grant award. Fresno EOC exceeds their goal by ass¡sting 23 households (72
persons served including 32 adults and 40 children) with rental assistance, security deposit
assistance, utilíty payments, and case management serv¡ces.
The City of Fresno is currently contracted with Fresno EOC through an Emergency Solutions Grant
(ESG) to provide rapid rehousing to assist 20 households (41 individuals) and emergency shelter to
assist 425 youth from December 1, 2O13- December 3t,2OL5. As of June 30, 2015, Fresno EOC
has assisted 27 households (61 ærsons served including 31 adults and 30 children) with rental
assístance, security deposit financial assistance, utility payments, and case management and
stabilization services. Sanctuary Youth Shelter has assisted 377 youth with emergency shelter.
Key Staff
Project staff will include a mix of grant-funded Sanctuary staff and existing staff time leveraged for
the benefit of this contract. Key staff members responsible for project governance include:
Sanctuary Director, Michelle L. Tutunjian, has over 18 years of experience with Fresno EOC and will
provide adminístrative oversight of the program. Ms. Tutunjian is responsible for the operat¡on of all
Sanctuary and Youth Services programs. Thís position is charged with ensuring sustaínability of this
project ¡n conjunction with other Fresno EOC services and programs; fulfillment of operational
objectives; monitoring and approving costs in accordance with the budget; executing contractual
agreements; hiring and evaluat¡ng staft; maintaining the organization and functionaliS of community
coalition and project's representation; Wog'am publici$; and monitoring of overall program
operations, procedures and progress. Sanctuary Director reports to Fresno EOC's Chief Programs
Officer and sits on the Sanctuary Advisory Board, WorKorce Investment Board Youth Council and
National Safe Place Network Advisory Board. She is an active board member on the Fresno Madera
Continuum of Care (FMCoC) serving as Treasurer on the Executive Committee and Chair of the
Finance Committee.
Community Relations & Outreach Manager, Joe Maftinez, will provide supervision of ESG personnel
and astivities and reportrs dírectly to Sanctuary Director. He has over 20 years' experience with
Sanctuary and is responsible for outreach activities, operations, and volunteer development. He
provides dírect supervises street outreach personnel, including youth outreach workers, case
managers, interns, peer outreach workers, and community volunteers. He coordinates the Safe Place
progfam aclministered by Sanctuary and Youth Services. He is a member of Fresno County Foster
Care Standards and Overs¡ght Committee, FMCoC Outreach Gommittee, and 25 CitÍes Community
team member. Mr. Martinez has experience in mana$ng rapid-rehousing and homeless prevent¡on
programs with the City and County of Fresno and will provide direction superuision of the ESG Case
Manager.
Case Managet, TBD, will provide wraÞaround case management services for client's homeless
individuals and families assisted through ESG activities including street outreach, homeless
prevention, and rapid re-housing. The Case Manager will repoft directly to the Communíty Relations
& outreach Manager.
Authorized Representative
As indicated in the attached Resolution, Reverend Paul McCoy, Board Chairman, Brian Angus,
Secretary of the BoardlChief Executive Officer, and/ot Naomi Quiring-Mizumoto, Chief Progams
Officer, and/or Salam Nalia, Chief Financial Officer, are authorized as the officers to act on behalf of
the Fresno EOC Board to sign all necessary documents. (Sitnatory Resolution enclosed)
Pending Lawsuits or LegalActions
All lawsuits or legal actions ínvolving Fresno EOC that are currently pending or that have been
resolved within the last five (5) years are noted below:
#Location Filed Name of Court Docket Number Nature of l¿wsuit Status
I EEOC EEOC 14CECG01048 Harassment PendinE
2 Fresno Superior
Court
Fresno Superior
Court
48S201rþOO4q)HarassmenV
¡nteract¡ve Process
Pending
SECT¡ON 6. CURRENTAND COMPLETED PROJECTS
1. Step Uo orogram. 20O3 - As a pilot rehousing effort, Fresno EOC implemented the Steo Uo
program from January 2003 - July 2006 and assisted three (3) homeless households to transition
from the streets into their own leased unit. The families also received comprehensive, casemanaged
supportive services and successfully achieved self-sufficiency within 18 months. The Sanctuary's
Step Up p¡lot project most directly demonstrates the 'Housing First" service model upon which the
rapid rehousing efforts have been based.
2. Storyland and Encamoment oroiects. 2009 - The Storyland and Encampment projects further
demonstrate Sanctuary's ability to coordinate rapid rehousing efforts. ln March 2009, the
Sanctuary's Street Outreach Program assisted 1O0 people (combination of individuals and families)
relocate from 46 units at the Storyland Motel that was being closed down due to code enforcement
violations. These individualsÆamilies relocated to other motels or secured transitional or permanent
housing independently or with relatives. Also in March 2009, Sanctuary collaborated with City of
Fresno and other organizations to assess homeless individuals residing in encampments. 129
people were relocated and placed in a program, motel, or apartment. Fresno EOC Sanctuary
continued to provide case management services thfough November 2009, aiding clients with
progress towa rd or achievement of sta bil ization.
3. Homeless Prevention and Raoid Re-housínp ProEram (HPRPì. 2009 - Fresno EOC Sanctuary was a
HPRP províder from 2OO9-2O1-2 under contract with the City of Fresno. HPRP was designed to ass¡st
individuals and families to obtain and maintain housing, through temporary financial assistance and
stab¡lization services to e¡ther prevent homelessness or help those at-risk of becoming homeless.
Sanctuary used the "Housing First" model to assist 89 households, represenline 274 adults and
children, by providing temporary rental assistance, case management and stabilization services. of
those, 46 households (154 individuals) were assisted with homeless prevention services and 43
households (120 individuals) received rapid r+housing funds. Upon exiting the HPRP program,272
cl¡ents (99%) remained in permanent, stable and safe housing.
Based on the success of Fresno EOC's Sanctuary HPRP, Fresno Housing Authority contracted w¡th
Fresno EOC to provide add¡t¡onal supportive services from May-July 201^2 reaching 41 households
(36 Homeless Preventíon/S Rapid Re-Housing, including 58 adulB and 37 children). These clients
were homeless or at-risk of homelessness and received assistance wÍth case management,
transportation, housing quality standards inspections, personal documents attainment for rental
applications, and after care follow-up support.
4. Fresno County Emerqency Solutions Grant. 2013 - The County of Fresno contracted with Fresno
EOC through an Emergencv Solutions Grant, to provide rapid rehousing services including rental
assistance and relocation and stabilization servíces to,23 chronically homeless indíviduals (16
householcls) from February 5, 2013 - June 30, 2014. Fresno EOC exceeds their goal by assisting 23
households (72 persons served including 32 adults and 40 chlldren) w¡th rental assistance, security
deposit assistance, utility payments, and case management services.
5. City of Fresno Emerqency Solutions Grant. 2013 - The City of Fresno is currently contracted with
Fresno EoC through an Emergency Solutions Grant, to prov¡de rapid r+housing to assist 20
households (41 individuals) and emergency shelter to assist 425 youth from December 1, 2OL+
December 31,, 2OL5. As of June 30, 2015, Fresno EOC has assisted 27 households (61 persons
served including 31 adults and 30 children) with rental assistance, security deposit financial
assistance, utility payments, and case management and stabilization services, Sanctuary Youth
Shelter has assisted 377 youth wíth emergency shelter.
Exhibit B
BUDGET SUIVIMARY
Gonsultant Service Agreement "Between" Gity of Fresno
and Fresno Economic. Opportunities Commission
Emerqencv Solutions Grant
PROJECT TITLE
SECTION 8 - BUDGET
EsG ACIilNY rol L SUOCET lot
thl! FotQn
CrV ESG tun¡
p?o9oad
CrYE60 tunô
tüloul,
gout$YESC tunô
(.r.rú4
r!qu-L4 q
ertærit) tçlhb
proÉnn
Itrlcùlng tunò lü
lrrb toton
Sourcdrl ol artCrlñ8 lunò lor
lh¡ pogam
pro¡tañ
)utreaoh Servlces -.30 FTE $ 16.110.00 $8,055.00 $$5 8,055.00 CA School F¡nance Author¡t)/s
lileaÃe Re¡mbursement s 1,950.00 $975 00 3 $s 975.00 )l Facrltly lncenlve
Grantfotrl.træt outt.achl amttScncy lhcltoi I 10,060.00 I I,030.00 I s s 9,030,00
Honaloatnatr Ptarantbn
llonoloúnals ?raycntbn- lb6lng ncþcatlon I
3t!bllhdlon
llomrlll.nal¡
A!!mac
Rrpld ilxoElnl
RrDld ñr.flol¡lrr8 - Hout¡ìg n.bcrlloñ I
3t¡Dlùrtlon
AsltancG
)ase MansÉement Seruices - .20 FIE 10,740.00 5,370.00 5.3 70.00
CA School F¡nance Authority's
Charter School Facility lncentive
Grant
Lxd ¡.nt¡l
lental Àssistance $13,64S.00 $6,824.00 $5 $ ô,824.00 CA School F¡nanæ Author¡tys
Charter School Fac¡l¡ty lncentive
Grant
Jtilitv PEvment I 782.00 $391.00 $ 391.00
fct¡l ñonolsos PraYcnllon 3 25t70.OO s 12,6ts.OO I s s 12.6¡5.00
)ase ManâEement Serv¡ces -.50 FTE s 26,698.00 $13,349.O0 $$ 13,349.00
CA School Financè Aulhoritys
Cha¡ter School Facility lncentive
Grant
i¡Dld
ìentâl Assßtsnce 36.676.O0 $ 1E338.00 å 18.338.00
ìecur¡ty Deposil 3 13.s84.O0 $ 6,792.00 t 6.792.00
:¡e.i¡t Check and Aool¡ætion Fees 300.00 5 150 00 s 150 00 GrBnt
lolrl ?.Dld tGloudñC s 77,258.00 s 3r¡29.00 s I g 31,329.00
Admlnlstratlve costs uplo 2.596of ESGfunds
reouested for Drogram activit¡es 3 3,012.00 s 1.500.0o s 1,500.00
Stâte of CA{ommunlty Seruices
& Dev,- CSBG
rolAl^!LEtGAcrhtbrlntñbEuDGEf ls rZs,SoO'oOle c1'?60.0019 lS s 61,750.00
EXPLANATION OF O1}IER €SG FUNDS
fundingfrcm qy ofFresno EScÁgæement by Auíust 37,2075, As oilune 37,2075, a Þalanæ of $ 77,439.47 ß aval,able forESGactiv¡tres.
ymrga nization has rèquéited or expects to apply lor ESG funds from tñe Countìr of Fresno for aclivitles that w¡ll be du?logthe period SeptemDef 1,2015 to Msrch 1,
the Øunty of Fresno for ESG act¡v¡t¡es tarEfetínE homeleæ lndtvíduals and fâm¡l¡æ ín urban and runl aBas lr¡,af Eslde heyond the Clty's g,eo$Ephical òoundarÍes.
EXPLAIIATION OF MATCHING FUf{DS
ffim-tGñ¡nglUnd3.llmatchlnefÙndsw¡llbeusedtopayforcoststhêtafe!q!¡ncluded¡nthebudgetabove,pleasecle8rlydescr¡bethecost5
t6O,244- 2) State of
^ømmunity
S€rviæs and Devetopment (æBG) tund w¡tl be use lo match w¡th the adm¡n¡stative costs 91,506.
BUDGET JUSTIFICATION
Street Outreach - $9.030
a. PERSONNEL ($8,055)
Position ESG funds
Case Manager 0'30 FfE $5,593
BENEFlTSFtcA $5,593 * 7.65% $428
SUt $7,OOO * 6.200/o * .30 FTE $ 130
w/c $5,593 *.0092
Pension $5,593 * 5% of salaries
Health/Life lns. Ave. $873.90/mo x 6 mos x .30 FTE
b. MTLEAGE REIMBURSEMENT ($975)
$sr
$280
$1,573
$286
$87
$34
$186
$1,049
$713
$ 2L7
$10
$466
$2,622
6 months x avg 325 miles/mo x $'SO/mile = $975
Mileage reimbursements for Case Manager to transport clients and outreach for clients.
Homeless Prevention - $12.585
a. PERSoNNEL ($5,370)
Case Manager
BENEFITSFtcA $3,728 * 7.650/o
sut $7,000 * 6.20% * .20 FTE
w/c $3,728 *.0092
Pension $3,728 * 5% of salaries
Health/Life lns. Ave' $873.90/mo x 6mos x .20 FfE
b. TENANT.BASED RENTAL ASSISTANCE ($7'215)
Rental Assistance=$6,824
All households (4 total) will receive rental assistance for up two (2) months in arrears to prevent
homelessness.
Utility DePosiVPayments = $391
4 households x avg. $97/each = $391
clients who do not qualify for the Low-lncome Home Energ¡l Assistance Prograrn will receive
financial assistance with utility deposits/payments to secure stable housing'
Raoid ReHous-ing - $38.629
A. PERSONNEL ($13'349)
case Manage,
-
o.5o FrE $9,321
BENEFITSF]CA $9,321 * 7.650/o
SUI $7,000 * 6.200/o " .5O FTE
wlc $9,321* .00099
Pension $9,321* 5o/oof salaries
Health/Life lns. Ave' $873.9O/mo x 6 mos x .50 FTE
b. TENANT-BASED RENTAL ASSISTANCE ($25'280)
Rental Assista nce=$ 18,338
All households (9 total) wíll receive short-term rental assistance payments'
Secu rity DePosits=$6,79 2
Al houÃehoids (g total) will receive financial assistance with their security deposits at 100% for
their first month's rent'
Credit Checly'Application Fees = $150
5 clients x $30/per clientfor credit check/rental application fee = $150
Households that are required to complete a credit check will receive financial assistance
apPlication fees.
Admínistration 2.5% - ($1.5061
ç60,244 x 2. 5o/o = $1,506
Fresno
Economic
Reverend Paul McCoy
Chairman of the Board
Erlen Angus
Chief ExecutÍve Officer
www,fresnoeoc.org
unities
ss¡on
ruIilORtrED SIOIIJTÍORY ËSU'NOil
mlEnE S, Frrp Econonrlc Opærumnn¡ Cornmblþn b I prlnt¡, nonprdlt ærpor¡tlon, orllnlzÊd
undrr p¡rt t, d Oñrhton ¿ d TltL l" ot ür Corgorrüou @dc of thc gtltc of Crllfornb, A{rlutt 20,
1965; rnd
WilERE S, üc toafil d Oommb¡ioncc of Fflgro Eoonom¡c Opæltunltþ¡ Gqtmb¡lon h v..t d
wlth th. tuüprtv to clcqrto rfiy tnd rl! coßmcb ¡nd üer¡ctlon¡ lt d¡om ryprcpdür to thc
mb¡þn of thc r!¡ncï rlÉ
UWEnGA|S, $e Ao.nt d Oornml¡¡loncn b rldrorlæd to dc¡ln|tc kl ltt b.hdf diccl! rnd l¡cnts
duly ¡ntltll¡d to Und thc cotpontþn to rny rnd rll contncB rnd tnn¡¡¿{ott¡;
Î{OW, THEruFORE EE ff ne¡OLlrHt TtlATlhc Scrd of Cønnüc¡þn¡n d Fnno Econmtlc
Opporh¡nld¡o Comnrb¡þn on thlC tlrc 26u ol ilrrcfi 2015, h.rcÙyrñodælltc ChrirpcEon,Mco
Ciúlr ø O¡ Eo.rü, Sccd¡ry of üre EorlVCh¡¡f E¡¡ct¡ürc Ofllc.r, Cltl¡f Froæm Ofll6r, or Cñlcf
Flnmdrl Oficarb ¡l¡n rll tnnb, oontræb ¡n<l amcndmcnÇ prolrrm documontrtidt, fbctl
rlocumsrùf lndudnt-lcç r¡port¡| md rll oûhcr r¡qr¡lrcO (þq¡rnmt! ncccsrry ln fulñlllnSthc
proúrm opontloc of tll. etpnq.
Emm: Bordor Comm þ¡loncrr
Ânnl¡ ltdn * Vl - I
Emffitory nclolution chLf Esfltlv. ofllúc EfLn
^nftF
TFffiRrrr. P¡ulllc0oy
AIT}IOflZÐ SGÍìnTUREIS:
EXHIBIT C
Homeless Services Report
See attached
PRC 1.0/10{7-04
Hoearrsr¡,=FffE-:t=?7z¡¡s
QUARTERLY PERFORMANCE REPORT
ESG PROGRAMS
Name of Agency:
Proiect:
Submittal Date:Project Completed:
Reporting Period:
n January 1,2014 to March 31,2014 n April 1 ,2014 to June 30,2014
n July 1, 2014 to September 30,2014 n October 1,2013 to December 31,2014
n Other:n
I. PROGRESS NARRATIVE
A. List specific accomplishments during this reporting period:
B. Problem areas:
C. ls the project following the approved implementation schedule? lf not, explain and attach
revised project schedule.
D. Has there been any private sector involvement? lf so, please provide information here.
II. SUBDIVISION IMPROVEMENTS AND/OR CONSTRUCTION CONTRACTS AWARDED
Gompany Work to be Performed Amount
Quarterly Report Form Page 2
il¡. HOrrJtE FUNDS EXPENDTTURES (PAYiJIENT REQUESTS DURING QUARTER)
Request Number Date of Request Amount Requested
IV. CONSTRUCTIONMONITORINGREPORT
Please attach a Construction Monitoring Report. lf done by another entity, please attach report
v. HoME OWNER PART¡CTPATTON (lF APPL¡CABLE)
Vl. BENEFICIARY INFORIIIATION (ie. Homeownercftenants'data - USE ATTACHMENT A)
VII. AFFIRMATIVE MARKET¡NG AND OUTREACH EFFORTS
VIII. PENDING ISSUES
IX. GONGLUSIONS:
EXHIBIT D
Consultant Service Agreement "Between" City of Fresno
And Fresno Economic Opportunities Commission
Emerqencv Solutions Grant
PROJECT TITLE
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of lnsurance Services Office (lSO) 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 lnsurance."
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). lf personal
automobile coverage is used, the CITY, its officers, officials, employees,
agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of Callfornia
and Employer's Liability lnsurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession. Architect's and engineer's coverage is to
be endorsed to include contractual liability.
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:
PRC 1 0/'t0-07-04
(Ð $1,000,000 per occurrence for bodily injury and property
damage;(ii) $1,000,000 per occurrence for personal and advertising
rnJury;(iii) $2,000,000 aggregate for products and completed
operations; and,(¡v) $2,000,000 general aggregate applying separately to the
work performed under the Agreement.
2.:
$1,000,000 per accident for bodily injury and property damage.
oR*
pERSONAL AUTOMOBILE LIABILITY insurance with limits of liability
not less than:
(Ð $100,000 Per Person;(iÐ $300,000 per accident for bodily injury; and,
(iiÐ $50,000 per accident for property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
Calífornia with statutory limits
4. @:
(Ð $1,000,000 each accident for bodily injury;
(iÐ $1,000,000 disease each employee; and,
(iiÐ $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(iÐ $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
ln the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF.INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
PRC 1.0/1047-04
be declared on the Certificate of lnsurance, and approved by, the CITY'S Risk Manager
or his/her designee. At the option of the CITY'S Risk Manager or his/her designee,
either:
(i) The insurer shall reduce or elim¡nate such deductibles or
self-insured retentions as respects CITY, its officers,
officials, employees, agents and volunteers; or
(ii) CoNSULTANT shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or
self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the Ci$ and for all ongoing and completed operations
by use of lso Form cG20 10 1185 or both cG20 10 1001 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 201011 85'
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 lnsured.
3. For any claims related to this Agreement, CONSULTANT'S insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officialC, emptoyees, 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
sñatl 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 0413.
The Workers' Compensation insurance oolicv is to contain, or be endorsed to contain,
the follor/rnglrovision: CONSULTANT and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents and volunteers.
is written on a
claims-made form:
PRC 1.0/10{7-04
i. The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by CONSULTANT.
2. lnsurance 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
altemative, the policy shall be endorsed to provide not less than a five (5)
year discovery Period.
3. lf 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 after 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.
S. These requirements shall survive expiration or termination of the
Agreement.
All oolicies of insurance required herein shall be endorsed to provide that the -coveragesh@on.renewed,reducedincoverageorinlimitsexceptafterthirty
(30) calendar days written notice by certified mail, return receipt requested, has been
giuén to CITY. ÓONSUUTANT is also responsible for providing written notice to the
ÓlTy under the same terms and conditions. Upon issuance by the insurer, broker, or
agent of a notice of canceltation, non-renewal, or reduction in coverage or in limits,
C-OlrtSUlfANT shall fumish CITY with a new certificate and applicable endorsements
for such policy(ies). ln 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.
CONSULTANT shall fumish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to bl 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-lSO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately
furnish City wìth a complete copy of any insurance policy required under this Agreement,
including áll 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.
PRC 1.0/10{7-04
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emerqencv Solutions Grant
PROJECTTITI-Ê
YES*NO
1 Are you cunently in litigation with the City of Fresno or any of its
agents?
fl E
2 Do you represent any firm, organization or person who is in
lítigation with the City of Fresno?
n E
3 Do you currently represent or perform work for any clients who do
business with the Ci$ of Fresno?
¡m
4 Are you or any of your principals, managers or professionals,
owrìers or inveslors in a business wttich does business with the
City of Fresno, or in a business wttich is in litigation with the City of
Fresno?
a n
5 Are you or any of your principals, managers or professionals,
related by blood or maniage to any City of Fresno employee who
has any significant role in the subject matter of this service?tr E
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?!e
* lf the answer to any question is yes, please explain in full below.
Explanation:Fresno EOC LCC Contracts
with City's Parks & Recreation to perform
Landscape/Maintenance/Adopt A Parks
D Additional page(s) attached.
Fresno Economic
Opportunities Commission
1920 E. Mariposa Mall,
Suite 300
Fresno, CA 93721
Brian Angus, Chief Executive Officer
PRC 1.0/1047-04
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ctvrl coDE s 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of 1rrcsno
on q-3- 15 before me,
þriawpersonally appeared _
Name(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be the person(sf whose nameþ) is/are
subscribed to the within instrument and acknowledged to me that he/sh€/{æy executed the same in
hislherÆh'eir authorized capacity(ies), and that by hislher¡f+e+r signatureþ) on the instrument the person(s),
or the entity upon behalf of which the personþ) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
,,nn r"," ilil./(Marutt¿
Signature of Notary Public
Place Notary SealAbove
OPTIONAL
Though thls secflon is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:Document Date:
Number of Pages: Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
I Corporate Officer - Title(s):n Corporate Officer - Title(s):I Paftner - tr Limited I General
I lndividual tr Attorney in FactI Trustee
tr Other:
E Guardian or Conservator
E Partner - n Limited n General
tr lndividual tr Attorney in Fact
n Trustee
n Other:
n Guardian or Conservator
Signer ls Representing:Signer ls Representing:
@2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
Cofirb¡¡on , 2Oailtt
lloûyfrùllc. c{úrh
FtlnoColrt
ACORD TM CERTIFICATE OF LIABILITY INSURANCE Date (MM/DD/YR)
9t3t15
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
TH|S CERTTFTCATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUING TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certifìcate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed lf SUBROGATION lS WAIVED, subject to the terms
and conditions of the policy, certain polic¡es require an endorsement- A statement on this certificate does not confer rights to the certif¡cate holder in lieu of
such endorsement(s).
PRODUCER
Hefferna n lnsu rance Brokers
1350 CarlbackAvenue, Suite 200
Walnut Creek, CA 94596
CA License #0564249
ÎÎil]*t stacey okimoto
ifi!.ü.r.., e25-s344s00 I l# "", e2ss34-s27s
l$Sltr"=, staceyo@Heff¡ns.com
INSU RERS AFFORDING GOVERAGE NAIC #
INSURED
Fresno Economic Opportunities Commission
1920 Mariposa Mall, Suite 300
Fresno, C493721-2504
INSURER A:Non-Prof¡ts lnsurâncê All¡ance of cel¡forn¡e
INSURER B:
INSURER C:
INSURER D
INSURER E:
INSURER F:
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR
LTR TYPE OF INSUR,ANCE AODL
INSR
SUBR
WVD POLICY NUIVBER POLICY EFF
(MMÐDTYYYY)
POLICY EXP
(IlI¡¡l/DDTYYYY)LlÌ\4lTS
A X
NERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIM9MADE tr OCCUR
X 2015.28175-NPO 07to1t2015 071o1t2016
EACH OCCURRENCE s 1.000,000
DAI\IAGE TO RENTED
PREI\r|SES (Ea æcurence)5 500,m0
IVED EXP (Any æ æreon)$ 20.000
PERSONAL & ADV INJURY $ r,000,000
GENERAL AGGREGATE $ 3.000.000
GEN'L ACGREGATE LIMIT APPLIES PER_l pouc" l--l pao¡ecr l-il ,o"
PRODUCTS -COMP,OPAGG s 3 000 000
s
A
AU
X
;
IOlilOBILE L¡ABILITY
ANY AUIO
l----l .creouLroALLo!/r\EoAuros | | Ãuros
HTREDAUT'' [-l i8+bi-."
comp DED ti,mo fil "r, o.o ¡'',ooo
201!28175-NPO 07to1t2015 07t01t2016
COMBINED SINGLE LIMIT
(Ea accident)$ 1,000,000
BODILY INJURY (Per pers@)$
BODILY INJURY (Per accident)$
PROPERTY DAÀIAGE
(Pq aæiderf)$
LIABILITY DED $ 5.000
A
x U¡ilBRELLA LIAB
EXCESS LIAB
X I OCCURj
I CLAIMSI u¡oe æ1S.2817S.UMeNPO 07t01t2015 07t01t2016
EACH OCCURRENCE $'t0,000,m0
AGGREGATE $ 10,000.000
DEO lX I RETENTTON $'10.000 $
\A/ORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y¡!
AN Y PR O P R I ET O R/P AR TN E R/EXE C U T I VE/
oFFICER/MEMBEREXCLUDED? I I([,landalory in N.H.) l-J
lf yes, descñbe under DESCRIPTION OF
N/A
VVCSIATU-OTHER
E L EACH ACCIDENT $
E L OISEASE. EA EIVIPLOYEE $
E L DISEASE - POLICY LIMIT $
A SOCIAL SERVICE PROFESSIONAL LIABILITY 2015-28175-NPO 07t01t2015 oTto'1t2016 EACH OCCURRENCÉ
AGGREGAIÊ
$ I 000.000
$ 3 000.000
oEscRlPTloN oF oPERATIONS
'
LOCATIONS
'
VEHICLES (Attach ACORD l0'1, Addrt¡onal RemarKs Schedule, 11 more space rs fequlfedl
Re: Emergency Solutions Grant Agreement.
City of Fresno, its officers, officials, employees, agents and volunteers are included as an additional insured (primary and non-contributory) on General
L¡abil¡ty policy per the attached endorsement, if required. Completed operations endorsement for the General Liability policy is attached, if required
CERTIFICATE
City of Fresno
2600 Fresno Street, Third Floor
Fresno CA 93721- 3604
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
{fu-'
olS-2010 ACORD CORPORATION. All r¡ghts reserved,
The ACORD name and logo are reg¡stered marks of ACORD
AcoRD 25 (2010/05)
fqùi AI5¡*3}AL GËN ERÀL LIAB-JLEÍ T
cG ?û ?.6 0î qé
Policy Number: 20 15-28 175-NPO
coMM ERc rAL
"=r.Ëäib,â,r it;ll
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various prov¡sions in this policy rest:rct coverage
Reacl the ent re polrcy carefulty to determine r¡glìts,
drtties and what is and is nol covered
Throughout lhrs polrcy the ,rords "you'' anC "your" refer
io the Named Insured shown in the Deciaratiofs, and
any other person or organizaticn qualìfying as â
Named Insltred unCer thrs polrcy. The word
and "ûuf" refér to tl^,e company providing this insur-
ance
The rvord "insured" means any person or organ¡zation
qualiíying as sucl-r undeÍ Seclron ll - Wlìc Is An In-
sured
Other rvorcìs and phrases that appeaf in quotation
marks have specral mean¡ng Refer to S€ct¡on V -
Definitrons
SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. lnsuring Agreement
a. We n4ll pay those sums that llìe lnsured be-
comes legally obiigated lo pay as damages be-
cause oî "bodily inlury" or "propefly damage" to
'*4lich this insurarrce applies U/e r,r,ill have the
right and duty to defend the Insured age¡nst any
"suit' seeking those danrages Holvever, ,'ve will
have no cluty to defend the insured against any
"st-tit" seeking dan',ages for "bodily injury" or
''property damage" to urhicli this insurance does
not appry We may aÎ our d¡scretion investi-
gate âny "occurrence" and settle any clarm cr
"suit" thal may result But.
(1) The anrount we ',vilt pay for damages is
l¡Ínited as described in Section tll - Limits
Of lnsurance: and
(2) Our right and duty to defend end \'rhen we
have used up the appticaÞle ,ûnit of insuÊ
ance rn the payment of Judgrrents or set-
tlernents under Coverages A or I ot medi-
cal expenseE under Cov€rage C.
No other obl¡gatron or liabiiity to pay sums or
pedofm acts or services is covered urrless ex-
plicitly provided for under Supplenentary Pay-
ments - Coverages A and B.
cG 00 0t 07 98
b. This insrirance applies to "bodily ¡rjury" and
"p.roperr)* damage" only if:
(t) The "bodily injur¡/' or "property darnage" is
caused by an "occurrence" that lakes ptace
in the "coverage terr¡tory": and
(2) The "bodily rryury" or "properly danrage"
ôccurs during the poiicy perlod
c Damages because of "bodity rn1Ut1l" include
damages claimed by a ry pe!son or organiza-
líon for ûare, loss 0f serv¡ces or death result¡ng
at any time i'om the "bodily rnjury"
2. Exclusions
This insurance does not apply to:
a. Expecled Or lntended lnjury
"Bodily ìnjury'' or "property damage" expected
or ¡ntended from the stanclpoini of the insured
This exclusion does not apply to "bod¡ly initrry''
resLrlting from the use of reasonable force to
protect persons or property.
b. Contractual Liability
''Bodily injury" or "Þropeny dat'nage" for ,"vhich
the insured rs obligated to pav damages 5y
reason of the assumption of tiability in a con-
tract or agreenlent. :his exchlsion cloes rot
apply to liability for damages
(t) That the ¡nsured'.vould have in the absence
of lhe contract or agreenleftl, of
(2) Assunred in a contract or agreemÊnt that is
an "ìnsu[ed contract", provided thÊ "bodily
tnjury" or "properly damage" occurs subse-
quent to the execution of the contracl ot
agreement Solely fcr the purposes of liabit-
rty assumed in an "insured conTract" rea-
sonabfe attorney fees and necessaty lillga-
t¡cn eKpenses ¡nclirred by or for a party
othej than an insured are deên'ed to be
danrages becarise of "lrodily injury" or
"property danlâge" provided:
(â) Liab¡lity to such party for. or for the cost
of. that paÍy's defense has also been
assumed in the sanle "insured contract'':
and
Copyflgnt, Insurance Services Cfiice lnc, 1997 Page 1 of 13 n
(b) Such attorney fees and litigation ex-
penses are for deîensÊ of that party
againsl a civil o[ alternalive d¡spute reso-
fut¡on proceeding in which damages to
rvhrch this ¡nsurance applres are alleged
Liquor Liability
"Bodily irjury" or "property damage" for which
any insured may be held liable by reason of
(1) Causing or contr¡but¡ng to the rntoxicat¡cn of
any person:
(2) The fLrrn¡shing of alcohol¡c beverages to a
person under the ¡egal drink¡ng age or un-
der the influence of alcohol: or
(3) Any statute, ordinance or r€gulation Íelatrng
lo the sele g¡ft, distribution or use of alcc-
holic beverâges
Th¡s exclusion applies ônly ¡f yôu are jn the
business of nanufactur¡ng, disiributing. selling
serving or furnishing alcolrolic beverages
Workers' Compensation And Similar Laws
Any ohligation of the lnsured under a lvorkers'
compensation, dìsaÞility benefits o[ unemp¡oy.
menl compensation lal,.J or any s¡milar law
Employer's Liability
"Bodily injury" lo:
lf ) An "employee" of the insured arisrng out Ðf
and ¡n lhe course ofì
(a) Emplo)'flìeni bY the lnsured: or
(b) Pedorming dutes related to the conduct
of tfle insured's business, or
{2) The spouse. child, parent, brother or sister
ôf thai "errrployee" as a ccfisequence of
Paragraph (1) above
Th¡s exclusion applies
(1) \ryhether the insured may be liable as an
emplcyer or in any other capacdy: and
(2) To any obligalion to share damages w¡ül or
repay someone else w{ro must pay dam-
ages because of the rnjury
This exciusron does not apply to riab¡l¡ty as-
sumed by The insured under an "¡nsured con-
'tract"
Page 2 of 13
f. Potlution
t1) "Bodiiy injury" or "propedy danrage" arising
out of lhe acluål alleged 0r tlìreatened dis-
charge. dispersal- seepage, mrgration. re-
lease or escape of "pollutants"
(a) At or fronì any prern¡ses site or location
whlch is of $as at any trme owned or
occup¡ed by. o¡' rented or loaned lo. any
insuied. Horvever. this subparagraph
does not apply to:
(¡l "Bod¡ly injury" if srlstained vr¡thin a
þuìlding and caused by smoke.
îurìles, vapor or soot lrom equipment
used 1o heat that building;
(ii) "Bodily injury" or "propefiy dânìage"
for r'vfiich you may be held liable, if
you are a contractor and ihe owner
or lessee of such prenltses, s¡te or
location has been adifed to your pol-
icy as aF additional lnsured r¿ith re-
spect to ,"our ongoing operalions per-
formed for lhat additional insuted at
thal prernrses site or localron and
suelr prenrises, site or location ¡s not
and nêver was owned or occr.{p¡ed
by, or rented or loaned to, any jn-
sureci, other than that additional ¡n-
sured: or
{iii) "Bodily injury" or "propefty danìage"
ânsing oul of l.ìeat, smoke or fumes
from a "hostile fire'':
(b) At or from any premises site or locaticn
ivhich is or \ras al any time used try or
for any insured or others for the han-
dling, storage, disposal, processing or
trealment ol waste:
(c) Which are or were at any t¡me trans-
ported, handl€d. stored, lreated, dis-
posed of or processed as [¿aste by or
for any insured or any person or organi-
zat¡on for rvhom you nray be legally re-
sponsible: or
d
Copyright lnsurance Services Otfice lnc. 1997 cG00010798 c
(cl) Àt or from any prernises, srte or locatron
on'rvhich any insured or any contractorc
or subcontraclors '.,{iorking directly or in-
directly on any insured's behalf are per-
fornìing operations ¡f the "pol¡utants" arË
brought on or lo rhe prenrses. srte or io-
catlon in connection \\'ith such opera-
tions by such insured. contractor or su5-
conlractor, Ho,.vever, thìs subparagrapn
does not apply to:
(i) "Bodily injury'' or "property danage'
aris¡ng out of lhe escape of fueis, lrr
bncants or other operating fÌu¡ds
',vh¡ch are needecl to perfornl thê
nornlal electrical, hydraulic or me-
chanical functions necessary for tha
operation of "mobile equipnìent' or
its pafts, if such fuels, lubricants or
other operating flurds escape fronì a
veh¡cle part designed 1Õ hold slore
er feçerve therì Th(s exceptron does
not apply if the "bodily injury" or
"property damage" afises out of thÊ
intenlionai discharge, dispersal or re-
lêase of ihe fueis lubricants oí olher
operatrng flu¡ds, or if such fuels. lrr
bricants or otner operat¡ng fli¡ids are
brought on or to the premises s¡te or
local¡on .vìth the intent that they be
discharged. dispersed or released as
part of the operations being peÊ
formed by such ¡nsured, contrâctcr
or subcontractor:
(i¡) "Bod¡ly rnlury'' or "properi!'* damage'
sustained r,¡thin a building and
caused by the release of gases.
fumes or vapors îrom nìaterials
brought rnto thât building in connec-
tion with operalions berng pedornred
by you or on your behalf by a con-
tractor or subcontTactor: or
(iii) "Bodity injun/' or "property damage'
aÍsing oul of heat smoke or funres
from a "hostile fire"
(e) At or from any ¡:remises. site Ðr location
on whioh any insured or any contÍaclors
or subcorìtractors v/orking directly or in-
drrectly on anv insured's lrehalf are per-
forming operalions if the operations are
to tesi íor. mon¡tor clean up. remove.
contain, h'eat cletoxrfy or neulral¡ze or in
âny way respond to, of assegs the ef-
fects of. "pollutants",
(2) Any loss, cost or expense aristng oLlt of any:
(a) Request denrand order or statutory or
regulatory requirenrent that any insured
oÍ others iest for. n]onitor clean up re-
nlove. contain. t¡'eat, detox¡fy or neutÍai-
¡ze or ¡n any way respond to. or âssess
the effects ôf, 'pollutants": or
(b) Cla¡nl or suit by or on behalf of a gov-
ernmental author¡ty lor damages be-
cause of test¡ng for monitoring, cleaning
up removing- containing, keating, de-
toxifying or neutrolizing. or in any way
respond¡ng 10, or assessing the effects
of, "pollutants'
However. th¡s paragraph does not appiy tc
liabilily for danrages because of "propedy
danlage" that the Ènsured v(ould have in the
absence of such lequest, demand order or
stalutcry 0r regLrlatory requirentenl, or such
claim or "sirit" by or on behalf of a gÌovern-
mental authorlty
A¡rcraft. Auto Or Wâtsrúraft
"Bodily ¡njury' or "property damage" aristng oul
of the olvnership, nlaintenance use or en-
lrustment to others of any aircraît. "auto" or iva-
lercraft owned or operated by or rented or
loaned to any insured Use includes ope[atiofl
and "loading ùr unloading"
Thls excfuslon does not apply to:
(1) A watercraft whrle ashore on orenrises yorr
o\,!fì or renl:
(2) A watercraft yor, do nol olvn that 's:
(a) Less than 26 feet long: and
(b) Not berng .rsed to carry persons or
property for a charge:
(3) Pad(ing an "auto" on. or on the ways nexl
to. prenlrses you o\(n or rent. prov¡derj the
"auto" is not owned by or rented or loaned
to you or the jnsured;
(4) Liability assumed under any "insLued con-
tract" for the ownersh¡p, nraintenance or
use of aircraft or watercraft; or
(5) "Bodily injury" or "propeny damage" arising
out of the operation of any of the equipment
Itsted ¡n Paragraph f (2) or f.(3) of the deÍinf
tion of ''mobrle equ¡pmeat"
cG 00 01 07 s8 Copyright lnsurance SêÍvices Otf¡ce, lnc . 1997 Page 3 of 13 tr
h- Mobile Equipment
"Bodilv ,njurt'' or "properly daûrage" aris¡ng out
Df:
{1) The trar,sportation of 'nrobile equipment" by
an "auto" or,vned o¡ operateci by or rented or
loaned to any rnsured: or
(2) The use of "rrobile equiprrìent" in. or',vhile
in practrce for, or 'rhrte being plepaÍed for
any prearranged racrng speed demol¡tron,
or stLrnt¡ng activity
i. War
"Bodily in¡ury" or "property damage" due to'.var.
whether or iot declared or any acl or condrtron
rncrdent lo war War tncludes cNil war insurrec-
tron, [ebellion or revolLrtion This exclusion ap-
plies only to liability assumed under a contract
or agreement
l. Damage To Property
"Property damage" to:
(1) Property you own, rent. or occupy,
(2) Premises you sell. give away or abandon, if
the "propedy damage" arises out of any pafi
of those prerlises:
(3) Prc'perly loaned trr yôu:
(4) Personal propely in tlre care, custody or
control of the insured;
{5) That pafticular parl of real property on whiclì
you or any contractofs or subcontractors
,rork¡ng dìrectly or rnd¡rÊctly on your behalf
are pefiornlrng operations, !f the ''propeily
damage" ar¡ses out of those operatjÐns: or
(e) Tha,t particular part of any propefly that
nust tJe restored repaired or replaced be-
cause "your '.vork" was incôrrectly per-
forned on ii-
Paragraphs (1), (3) and (4) of this exclusion do
not apply to "property darnage" (other lhan
dan'age by fire) to premises, inclLtding the con-
tents of such prenl¡ses, rented to Vou for a pe-
riod of 7 or felver consecutive days A sepa[ate
linrit of insu¡ance applies to Danrage To Prem-
¡ses Rented To You as desc¡ibed ìn Section lll
- L¡m¡ls Of lnsurance.
Paragraph (2) of th¡s exclusion does not appiy ¡f
the p.enl¡ses are "youf work" and were neve¡'
occupied, rented oi held for rental by yÐu.
Paragraphs (3), (4), (5) and (ô) of th¡s exclusion
do not appty to liabillly assu¡ned u!ìder a side-
track agreement
Paragraph (Ê) of thrs exclusion does not apply
to ''property damage" included in the "producls-
compteteci operations hazard"
Page 4 of 13
k. Oamage To Your Producl
"Propert) cfanrage" tc "your producl" arisirr!' out
of it cr any pafi of rt
l. Damage To Your Wr:rrk
"Propery- damage" 10 "yoùI work' arising out 0f
¡t cr any paft ot ri anc ¡nclude,l rn the "products-
corîpleied operations håzaril'
Thìs excìusion does not apply ¡f the danraged
worK or the r,vork out cf :vh¡ch the damage
arises was perÍormed on yoLlr behalf by a sub-
contractor
m. Damage To lmpaired Property Or Property
Not Physically lnjured
"Propery- danlage" to 'impa;red property'' or
propettii that l.Ìas not þeen physicatiy lirjured.
arisíng out of:
(1) A def:ct, deficiency inadequacy or danger-
ous ccndition irì "your product'' or "your
work"; or
(2i A rJelay or failure i1y you or anyone acting
on yoür benalf to perfof.ì1 a ûontract oT
agreement Ìn accordâncÈ with its terms
This exclus¡on does rrotr app¡y to ìhe loss of use
of olher propeny aris¡ng out of suciden and ac-
cidenlal physical injury to "yor-:r product" or
"your work" after it lras been put to its rntended
use
n. Recall ôf Products, Work Or lmpaired
Property
Dar,rages claimed tor any loss cost or expense
incurred by you or cthers for lhe loss of use.
'.úlhd¡a,,val. recalì. inspeÇhon repa¡r, replace-
ment adjustnìent removal or disposal of:
(1 i "Your product":
(2) ''Youlvork''. or
(3)''lmpaired p.'opefiy"r
if such prcduct work or Þrûpefty is 1//ithdrs\^/n
or recalted frorn the nra¡ket or from use by atry
petson or orgânizàtion because of a known or
suspecled defect deficiency. !nâd€quåcy or
dangerous con+ition in it.
o. Personal And Aclvenising tnjury
"Bodily injury" afls¡ng ûul oí "personai and ad-
ven¡sing ¡njury"
Exclus¡ons c. thfough n. clc not appl), to damaJe
lr¡r fire to prentises 'úile rented to you or lemporar-
ily occupied by you lvith perrr¡¡ssion of the o$/neÍ A
separate linlil of rnsurance applies to this cDverage
as described in Sectiorì lll - Limits Of Insurance.
Copyright lnsurance Services Off¡ce lnc 1997 cG 00 0'l 07 98 tr
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1. lnsuring Agreement
a. We will pay those sums thal the insuted be-
comes legally otrl¡gated to pay as damages be-
cause of "personal and advert¡sing injury" to
v¡hich thrs insurance applies We will have the
r¡ghl and duty to defend the insured against any
"suit" seeking those damages, However. we'ü/ill
have no du¡y to defend thê insurecl agâinst any
"suiÎ" seeking câmages for "personal and ad-
vert¡sing injury" to lvhich this ìnsurance does
not apply We may at our discretion investt-
gate any offense and settle any claim or "suit"
that may result. But:
{1) The anloLrnt we will pay for damages is
lirlilecl as descriþed i!-, Section lll - Linrils
Of lnsurance : and
(2) Our flght and cluty to cfefend end
"vhen
we
have used up the applicable linrit ol ìnsur-
ânce in the payment of judgments or set-
llements under Coverages A or B or medi-
cal expenses under Coverage C.
No other obligation or tiability to pay strnls or
pËÍornl acts or serv¡ces is covefed Linless ex-
plicitly provtded for irncler SLtpplementary Pay-
ments - Coverages A ano B.
b. This insurance applies to 'personal ancf adver-
tis¡ng rnjury" calsed by an ofiense artstng out of
your busrness but only ii the otfense was com-
mitted in lhe "coverage teritory" dur¡ng lhe pol
¡cy penod
2. Exclusions
Tllis insurânce does not apply to:
a. "Persona¡ ând advert¡s ng ¡njury"
{1) Caused by cr at the d¡rection of the insured
\4th the lino"-/ledge that the act would vio-
tate the rights of anolher and '.voutcl inftict
"personal and advertìsing inlury''
(2) Arising out of oral or written publicâtlon ôf
nlater¡a[, if done by or at the direcl¡on of the
insured v¡ith ktrorvledge of its íaisityì
(3) Arising out of orai or wriltef publ¡cation of
material whose f¡st publicat¡on took place
before the begrnn¡ng of thê polìc'y' perlod:
(4) Arisrng ort of a crimirlal act comnìtned by or
at the direction of any inçured;
(5) For',vlìich the ¡nsured has assunled liability
in a cont.act or agreement Th;s exclusion
do€s nol apply to liabtlity for dan¡ages that
lhe insured would have in the absence of
lhe contract or agreernent;
(6) Ans¡ng out of a breach oi contract, except
an irnplied contract to Llse anolhei''s adve!-
tisrng ¡dea in your "adve¡-t¡sement"i
(7) Arising out of the failure of goods proclucts
or services lo confornr wrth any slatenlent of
quality or performance made in your "adver-
tisenrent":
(B) A¡'isang out of tile wrong descr¡Þ.tion of lhe
price of goods products or services stated
in your "adveltlsemenl"-
(9) Commitled by an insured whose business is
a,xveftising broadcasling. publishing 0r
telecasting. Ho"vever. th¡s exclLrsion ctoes
nct apply lo Paragraphs 14.a,, b. and c. of
"pefsonal and advertisrng inßrry" under the
Definitions Section. or
(10) Ansing out of the actual, alleged cr ihreal-
ened discharge. d¡spefsal seepage, migra-
tion release or escape of "pollutants" at any
time.
b. Any foss, cost or expense ar¡sing oul of a.!y:
(1) Request, demand or order'rhat any insured
o[ olhers test for. monitor. clean up. re-
mcve eonla¡n, treat, detoxify of neutralizs,
or in any ivay respond to or assess the ef-
fecis of, "poilulänts". or
(2) Claim or suit by or on behalf of a govern-
mental authofity for danrages because of
testing for nronitoring. cleaning up. retnov-
ing containlng treating. detoxifying or neu-
saiizing, or in any lvay 'esponding to or as-
sessing the eifects of- "pol;utants"
COVERAGE C MEDICAL PAYMENTS
1. lnsuring Agreernent
a. We wiil pay med¡cal expenses as descj"rbed
belcw for "bodily ìnjury" caused by an acc¡denl:
(1) On prenrises you own or renl:
(2) On ivays next to prenr¡ses you own cr rent:
or
(3Ì Because oÍ yout operations:
provÌded that:
(t) The accident takes place in the "coverage
territory" and dur¡ng the Êolicy Þeriodl
(2) The expenses are incurred aûd reporied to
us withrn one year of Îl'ìe date of the acci-
dent: and
(3) The injured person submits to examinaiion
ât our expense, by physiciâns oí oui'clìoice
as often as we reasonably require
cG 00 01 07 98 Copyrigl-t. lnsurance Services Office, lnc , 1997 Page 5 of 13 tl
b. We w¡ll Hake these payments regardless of
fault These payments w¡ll rot excêed the ap-
ptlcable hmit of msurance We will pay reason-
able expenses for:
('li First ard adnlinistered ar the ttrìre of an
accideni;
(2) l{ecessary medicâi. surgical (-rây and
dentai serv¡ces ¡ncludlng piosthetrc de-
vices: and
(3) lJecessûry ambulance. hospiiâl profes-
sronal nursing and funeral se¡vices.
2. Exctusions
We '"ill not pay eKpenses for "bodily injury":
a. To âny rnsured
b. To a üerson tl¡leú to do wo:k for or of t)ehalf of
any insr.rrecl or a tenant of any insrreC
c. To a person ¡njured on that part of plenl¡ses
you own or rent that tl',e person normâily occtl-
pres
d. To a person. wlrether or no[ an "ernployee" of
any insured. If benefits for the "borlily injury" are
payatrle ar miñt lre provicled under a vorkers'
coff,per'sation 0r d¡sability benefits [a'.v or a
s¡m¡lêr la)v
e. To a persor inlured vrhile taking cart i¡ athlet-
rcs
f. lnciudÊd with¡n the "producfs-compieted operâ-
tions haza¡d"
g. Exclucted under Coverage A.
h. Due to war, whether or not ':leclered, or any act
or coldition incidènt to ivar ,y'lar rncludes c¡vii
war insurrêctron, rebeilton or revoirjlton
SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B
1. U/e will pãy w¡th respect to any clarm v¿e rnvesli-
gele or settle, or any "su¡t" against an insured lve
defenc:
a. All expenses we incur
b. Up io $230 îor cost of bail bonds reqrikeo be-
cause .Jf accrdeflis or traffrc la\v vrolat¡ons ails-
ing out of the us-. of any vehicle tc which the
Bodi:y Iniury Liability Coverage applies We do
not l^,ave to furnish these bonds.
c, Tlìe cost of bords io release attachments, llu,t
only for bond a!ììounts v/ithln the applicable
l¡mit of ¡nsLrrance We do not have to fLrrnish
these bonds.
d. Ail reasonaÞle expenses incurred o5t the in-
sured at our request to ass¡st us !n the invesli-
gation or defense of the claim or "suit" includ-
ing actual lose of earnings up to 5250 a day
because of time ctf from wôrk
Page 6 of 13
e. Alj costs toxed aga¡nstlhe insured ¡n the "suit"
f. Pre;udgment interest awarded against the
insured on lhat part of the judgment',ve pay, lf
we make an qtfer to pay the appiicable linrit of
ínsurance, ',ye witl not pay any prajucgrnent in-
Îe¡esl based Dn that period of irme after the of-
fer-
g. Al; ¡nterest on the full amounl of any judgment
that accrues after entry of the judgniert and be-
fore we have paìd, ofiered 1o pay, or deposited
¡n cDufi the part of the Jucignlent that ¡s lvrth¡n
the applicable lifllit of insüiance
These payilents w¡ll nût reduce the lim¡ts of rnsur-
ance-
2. 11 ,,re defend an ¡nsüred againsl a "sJit" and an
inciemnilee of lhe ¡nsured is also named as a party
to the ''srit". rve rvill defend that indemnitee if all of
the following conoitions are met:
a. Ìhe "suit'' agarnst :he ¡rìdenrnrtee seeks dam-
ages íor wlìich the insured has assuned the li-
aDrirly cf the ¡ncemnitêê il. a ûonfiact or agree-
nlent that is an "insured ccntract":
b. Th¡s insurance appliês to such Ìiability assunecl
by the insLrrect;
c. The obligation lo ciefend. or the cost of lhe
cfêfÊnse of. that lndemnitÊe. has aÌsc been as-
sumed by ihe insured in the sanrË "insured
coflti'act":
d. The allegatrons in 'lhe "suit" anc the informalion
'+/e knorr,about the "occurrence" âre such thal
no ronflrct appears to exist beL\€en the inier-
ests of the insurd and the rnlerests cf the rn-
dêmnlteê:
e. The indemnitee and the insured ask us tc con-
duct and corlrol the def."nse of that indernpitee
against such "suit' and agree that lve can as-
sign the sarne collnsel to defend the insured
and the ¡ndemnitee: ancl
f. Ttle iÊdemnilee:
(.t) Agrees in rvriting to.
(a) Cooperate w:th us in the investigation.
settlement or defense of the "surt":
(b) lmmeaiaiely sençl us copies of any Ce-
nìands. nûtices sumnìonses or legal
papers recerved in connection rvith the
''su it":
(c) Notify any other insurer rvhose coverage
is available lo the indemnitee: and
(d) Cooperate with us with respect to coor-
d.nat¡ng other applrcaole ¡nsuTance
available to the indemn¡tee and
Copyright. lnsurance Services Ofiice, lnc. 1997 cG000107s8 tr
(2) Provides us wlth wiilten aulhorizat¡on to: 2.
(a| Obtain records ând other informâtron
related to the "suit": and
(b) Condlrct and contlol the defense of the
indemnrtee in such "srrit"
So long as the above conditions are met, attor-
neys' fees ilìcürred by us rn the defense of that ¡n-
clemnitee, necessary lltigation expenses íncurred
by us ard necessary liligation expenses ¡ncurred
by lhe ¡ndenrfl¡tee at oirr request '.v¡ll Ðe paìd as
Supplementary Payments. Nel,vìthstancl¡ng the
p.cvisions of Paragraph 2.b.(2) cf Section I - Cov-
erege A - tsodily lnjury And Properly Ðamiìge Li-
ability such payneits rvill not be deemed to be
r.'tanrages for "bodily Ìnjirry" and "property dantage"
êrd'.riÌl not ieduce the jimits of nsurance
Our obliget¡oÊ to defend an ;nsurecl's ¡ndemndee
and to pay for attonreys' fees and necessary litìga-
tion expeflses as Suppienlentary PaymeÌts ends
lvhen:
a, We have used up the apË,licable lirnit of Insur-
ance rn the payment of judgments or setlle-
nrenls: or
b. The conditions set forth above, or the ternrs of
the agreement described in Paragraph f.
aboile are no longer met-
SECTÈON II - WHO IS AN INSURED
1. lf you are designated in tire Declaraliens as:
a. An indivrdual. you alld vour spouse are Insur-
eds, but only ',vlth respect to the conduct of a
business of which you are lhe sole o'¡¡ner.
b. A padnership or joint venture, ycu are an in-
sured Your menìbers. )our parlners, and their
spouses are alsÒ insureds but only '"vilh re-
spect to tne conducl of your brsrness
c. A limited liabiÌity conpany, you are an insured
Your mernbers are also insureds but onl'i with
respect to lhe conCLrct of your business Yottr
managers are insureds. but only with respecl to
theÌr dut¡es as your managers
d. An organ¡zatron other than a parlnershÌp jtint
yenture of limrted l¡aþrlity conlpany you are an
insured Your "executive oÍficers" and dtrectors
are ìnsureds, bul only with respeet to their dtt-
ties es vour otfìcers or direclors, Your stock-
holders are aiso insureds. but only wrlh respect
to tneir liability as stoÇkholders
cG 00 01 07 98 Copyright lnsurance Services Office, Inc 1997
Each of the following is also an insured:
a. Your "emplcyees" other than e¡theÍ your "ex-
ecutive offlcers" iif you are an organizatìcn
other tharì a partnership jolnt venlure or lìmited
lrab¡i¡ly company) or your managers (if you are
a linrited liability company), lrut only for acts
'.vilhin the scope of lheir employment by you or
ivhile pedonìing duties related to the corìduct
of your brrsiness However none ofthese "em-
ployees" is an insured for,
(1i "Bodily ìnjury" or "personâl and âdvêrtsinü
injurY:
(a) To you, to your paftners or members iif
you are a pañnership or joint venture), to
your rìrembe[s ¡if you are a limiied liabil-
ìly conlpany) or lo a co-"employee"
'vhite that co-"enrpfo!¿ee" is either in the
co¡rrse of his or her enrployr¡ent or per-
form¡ng dutres related to the conduct of
your business:
(b) To the spouse child, parent brother or
s¡ster of that co-'ernployee" as a conse-
quence of Paragraph (1Xa) above:
(c) For wh¡ch there is any obligation to
share damages with or repay someone
else vrho nrust pay darnages because of
the injur) described Ìn Paragraphs (1}(€)
or (bl above; or
(d) Ansrng out of hrs or her providing or
failing t0 provide professional heaith
cârê servlces
(2) "Property danrage" to property.
(a! Owned. occupied or used by
(b) Rented to in the care. cuslocly or control
of or over which physical control is be-
ing exercised for any pLrrpose by
you, any of your "erïployees" any paftner
or nrembeÍ f ¡f yoü are a partnershrp or joint
venture). or any menlþer fif yoLr are a lirn-
ited liability company)
b. Any person (other than your "êmployee") or
any organization whtle acting as your teal es-
tate manâger
c. Any person or organization having proper tem-
porary cuslody of your property if you die. þut
only:
(1) W¡tlì respect to lrab¡l¡ty arisirìg out of the
maintenance or use of that propefty: and
(2) Until your legal represenlative has been
appointecl
Page 7 of 13 tr
d. Your legal representat¡ve tf you d¡e, but only
',vrth respecl to duties as such That representa-
tive witl have aìl your rights and cluties under
this Ccverage Part.
3. With respect to "mobile eqtrtpmeflt" reg stered in
yoLjr natììe Llnder any nìotof vehrcLe .egistratron
law any persor, is âr1 insured while drivrng such
equrpn',ent along a publrc hghway wrth your per-
mjssion Any olher person or organrzation respôn-
sibte for lhe co!ìduct of such person is aiso an in-
sured. buÏ orìiy with respect to lìabihly arising out ol
the operal¡on of the equ¡pment and onty if no other
inst¡rance of any kind is ava lable to that person or
organizat:on for this liability However no person or
organization is an ìnsured with respect to:
a "Bocify injury" to a co-"erÌìployee' of thÊ person
driving the equiprnent: or
b. "Prooerty danrage" to prDperty owned by
renled to in the charge of or occupred by you
or thÈ employer óf âny persor wllo is an in-
sured undelthis provision
4. Any organization you newly acqu¡re or iornr. other
than a partnership. joint venture or tinïted liability
corïpany and over vrhìch you nìa¡ntain ûwnership
çr majority ¡nterest, ,,vall qualify as a Named lnsured
rf there rs no other srmilar rnsurance available to
that organ¡zat¡on However
a. Coverage u¡der this provisioF ¡s aftarded only
until the 90th day after you acquire or form the
ofganrzattorÌ or the Ênd of the policy pÊr¡oc
whichever is earl¡er
b. Coverage A does not apply to "bod¡ly ¡nJury" or
"propeiy datnage" that occurred before yr)u
acquireC or formed the arganrzatron; and
c. Coverage B does rot apply io "personal and
âdvertising injrrry' arising out ol an offense
conrmitted before you acquired r-¡r ïornred the
organizatìon
lio person or organizatìon is an insured witl' respect
to the conduct of any current or pâsl partneishrp. lo¡nt
venlure or l¡nìiled liabil¡ty compâny that is not shown
as a Named Insured in the Declarations
SECTION III - LIMITS OF INSURANCE
1. The Limils of lnsurance sho'rn in the Decleratons
and the rules below lix the most we will pay re-
gardless of the nuilber of:
a lnsureds:
b Claims ftiade or "suits" brought or
c. Persons or orgânizations niäking tlailì1s or
þringing ''suits"
Page 8 of 13 Copyright, rnsurance Serlrces Office lnc ,!997
2. The General Aggregate Lrmrt rs the most we w¡l¡
pay for the sum of:
a. Medical expensÊs under Coverege C;
b. Danìages uncter CJverage A. except dam.lges
because of 'bodity injury" or "properly damage"
included in the "producls-cotttpleÌecl operatìolrs
hazard": and
c. Danlages rnder Coverage B.
3. The Products-Compreted Operalions Aggregate
Llnlit rs fie mcst we ,,vrll pay under Coverage A for
darnages because ,lf "bodili/ injury" anc "property
danrage" included ¡n the "products-compleled op-
eraì¡ons hazard"
4. Si:bject to 2. above. t¡e Peßonal and Advertising
lnJury Lrm¡t ¡s the nìost \'1e,.rill pay under Coverage
B for the surÌì of a¡l damages because ol âll "per-
sÐnaì and advertsir'g rnjury" susta¡ned by any one
person or ôrganizaticn
5. Subject to 2. or 3. above, whichever appl¡es. lhe
Each Occurreuce L¡m11 is lhe most we will pay for
the sum of:
a. Oantages i:nder Coverage A: and
b. Medical expenses under Coverage C
because of aii "bod¡ly rnJUry" and "propeÉy danì-
age" alising Òiî of any one "occurrence'.
6 Subject lo 5. above ttle Dam¿lge To PremisÊs
Rented To You Limit is the most we will pay under
Coverage A for dailages because of "properly
danrage" to any one premises. while rented to you,
or in thÊ case oí damage lry flre, while rented to
yo$ or ternporafily occupied Þy you with permrssion
of the o\À,nef
7. Sr¡biect to 5 above. tfle flledical Expense Linil is
the nrost vre '.vill pay under Coverage C for all
ftieclical expenses because of "bodily injury" sus-
tained by any one person
Íhe Linlits of InsLjrance of this Coverage Part apply
separately to each conseculive annual period and to
any rema¡n¡ng period 0f lÈss than 12 nìontl1s staning
wrth the beg¡nning of thÊ pol¡cy perlod shôh/n in the
Ðeclarations uniess tlre policy period is extended
after issuance for an addjtionar period of less than 12
months ln that case, ,the additionai per:od \vili be
deemed part of lhe last preceding period íor purposes
of delernrirring tlÌe Limits of lnsurance
cG00010798 tr
SECTTON IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS
1. Bankruptcy
Bankruptcv or insolvency of the insured Ðr of the
insi-rred's esta{e ''ill not relieve us of our cblìga-
t¡ons uiìder this Coverage Part
2. Duties ln ïhe Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are nctif¡ed as soon
as pract¡cable of an "occurrênce" or an offeose
wh¡rh may result in a clairn To the extent Þos-
sib¡e nctice should include:
(t) Holv. wlren and where the "occurrence" or
offense look place;
{2} Tle nail1es ànd addresses of any rnjured
persons arrd witnesses: and
(3) Tie natLrre and iocalion oí any ¡njury' or
damage ansrng out of the "occ¡-rrrence" or
cffense.
b ff a claim is rnade or "suit" is þrought agaÍnst
any insrred you must:
(1) lmmed¡ately record the specifics of the
clainl or "suit" and the date received: and
(2I Nlotify us as soon as pract¡cable
You musì see to it that we receive wr¡tten no-
tice of the clainr or "suil" as soon as practca-
hle
c. You and any otlìer involved insurêd rTìust:
(1) Imnediately send urs copies of any de-
n:ancls notices, sunlnronses or legal Fa-
pers received in connect¡on with the claim
or "suit";
(2) Authorìze us to obtain records and other
infornlâtron:
{3) Cooperate r,vith us in the investigaticn or
settlernent of the claim or defense aga¡nst
the "suit": and
(4) Assist us. upon our request in the en-
forcement of any right against any person or
organ¡zal¡on utrich may be Ìrable to the in-
sured because of injury or damage to ',vhicl-l
this rnsurance nlay also apply
d. No rnsured wÌLl, except at thal rnsured's own
cosl, voiuntarily make a paymenl. assrÌme afiy
obiigatiÐn. or irìcur any exBense. other than ior
firsl aid \Yrthoul our consent
3. Legal Action Against Us
No person or organizatron has a right ilnder thrs
Cove! age Pad:
a. To jo¡n us as a pafty or othen.vise bflng us nlo
â 'suii" asking for darïages from an insured: or
cG 00 01 07 98
b. To sue us on lhis Coverage Part unless all of
its terms have been lully cornpliecl '",iith.
A person o[ organ]zatton may suê us 10 recover ün
an agreed settlenlent or oft a final judçment
agûinst an insured obta¡nÊd after an âctual lriâl,
búl \re will not be liable for damages tÌral are not
payaole under the terms of thrs CcveraEs Parl or
that are in excess 0f the appticabie limit oÍ ¡nsur-
ance An agrêèd setttement means a setllement
and release of l¡atïlity sÌgned by us tlìe ¡nsured
ênd the ctainrant or the clairnant's egal represen-
tative
4. Other fnsurance
[f other valrd anci colleclible imurance is avaitable
to the insured for a loss \'ve cover urrder Cover-
ages A or B of thiE Coverage Part ou:'oblrgations
are limited as follor.¡s:
a. Primary hrsurance
Tnis ìnsurance is prinrary except'..r4ren b. belo,"v
appiies lf this ¡nsurance is prímary. oLrr ocl¡ga-
tions are not atfected unless any cf the other
lnsurance is also pnmary Then, we lvill share
¡¡ith all that other i¡surance by lhe method de-
scribed iì c. below
b. Excess lnsurance
This ¡nsurance is excess over:
(l) Any of the other insurance, ',vhether prÈ
maTy. excess. contingent or on any other
bas¡s:
(a) That is Fire, Extendecl Coverage
Buìlder's R¡sk lnslaf¡atian Risk or simiiar
roverâge for "your work"
(b) That is Fire insurance fcr 0remrses
rented to you or temporarily occupied by
you witlr pernrìss¡on of the owner:
(c) That is insurance purchased by you to
cover your lialrility as a tenaRt for- "prcp-
erty damage" to premises rented to you
or temporarily occupied by yor-, ivith
permiss¡on of the owner or
(d) tf the loss âflses ûut of ihe rnaritenance
or use 0f aúcraft "autLas'' or watercraft to
the extent nat sUbject to Exc¡ilsion g. of
Sectron I - Coverage A - Bod¡ly lnjury
And Property Damage Liability
(2) Any other prirrary insurance available to
yoLr coveting liability for danrages arising
out af thÉ pren.ìrses or operatrons fôr v/hich
you lìave been added as an add¡tional In-
sured by attachnlent of an endorsement
Copyright. lnsurance Services CÍfice lnc. 1997 Page 9 of 13 tr
\¡lhen lhts ¡nsurance rs excess, wÊ',vrll have no
cfuty under Coverages A or B to defend the in-
s,Jred aga¡nst any "suit" rf any other insuret has
a duty to Cefend the insured agarnsl that "suit"
lf no olher ¡nsurer dêfends \,ve v/Ìfi undertâl(-. to
do so bul r'¿e will be entitled io the insured's
r¡ghts against all those other insurers
VVhen tlìrs ¡nsurance ¡s excess over other ¡n-
sürancÈ \,./e will pay only our shâre of the
anount of the loss. ií any. thal exceeds the
sum of
(1) The toîal arrount that all such othe[ insur'-
ance \'/ould pav fcf the loss in lhe absence
of this ¡nsurance: and
(2) The toral of all deductible and self-insured
amounts under all that olher insurance
We will slrare tlre renraining loss if any wrth
any other insurancê thet is not described in this
Êxcess lnsr¡rance provision and was not
bcuglrt specifically lo apply rn excess o[ the
Llm¡ts of lnsurance shown rn tire Declâratrons
of this Coverage Part
c. Method Of Sharing
lf all of the other insurance permits conlribution
by equal shares we !,\/ill follow this rnetlìod
atsa Under th¡s approach each insLrrer conirib-
rutes equal amounts until ¡t has pa¡d its applica-
ble lirììit of insurance or none of lhe loss re-
mains. '¡/hichever conles firsl
lf any of thê .rther rnsurance does nol perïit
ccntíbution by eqilal shares, '.ve lyill conlribuìe
by lrmrts Uncler this nlethod. each Insurer's
snare ¡s based on the ralio of its applrcable lim¡t
of insurance lo the lotal applicable tinrits of tn-
s,Jrance of all rnsurers,
5. Premium Audit
a. \ /e wrll cornpule ail premiums for this CoveÊ
age Part Ín accordance ',vith our rules and
rates.
b. Prem¡um shcwn in lhis Coverage Par( as act-
vi3nce prenlium is a deposrl premrufi only At
the close of each audit period ,ve \r¡ll comprite
the earned prerniurn for that Beriod Audit pre-
mrunìs afe due and payable on notrce t0 the
fiíst Nar¡ed Insured lf the sum of lhe advance
and audit prer'ì'ìiurìrs pâid for thê policy period is
greater than the earn€d premiunr, we will reîurn
the excess lo lhe'*rst Namecl lnsured
c. Îl¡e first Named lnsured must keep records of
the ¡nformation \,/e need lor prern¡um c0nlputa
ti'rn. and send us copiÊs at such tii.lres as rve
may requesl.
Page 10 of 13
6. Rep[€sentations
Bv accepting ihis policy, yo,J agree:
a. The statements ¡n the Declarations are accu-
rate aml complete
b. Those staterÌrents are baseC upon representa-
t¡ons you made to us: and
c. We have issúed this policy in rellance upon
your representalLons-
7. Separation Of lnsureds
Except with resp€ct lo ihe Lirì¡ts ol lnsurance and
any rights or duties specrfically assigned in this
Coverage Pan to the first Named ìnsured lhis in-
sufance aFpires:
a. As if each Nanred lnsured !/€re lhe only
Named lnsured. and
b. Separatelyto each insured against rvhom claim
¡s made or'suit" is brôught
8. Transfer Of Rights Of Recovery Against Others
To Us
lf the rnsured has flghts to recover all or part of any
payment ,ve have made under this Coverage Part,
lhose rigþts are transferred to us. The ¡nsurecl
must do roth¡ng after loss to impair tl'Ìem At our
reqrrest lire insurecl -.,vill bring "suit" or lransfer
thosÊ flglìts to us and help us enfo:ce thenl
9. When We Do Not Renew
lf ',ve decid€ not to renew this Coverage Part. ìve
w¡ll nrail or del¡ver tû the flrst Named lnsured
slrolvn in the Declaratlons written notice of the
nonrene!,,,aj not less tlìan 30 davs before the expi-
ration dale
lf notice is marfed. proof oî nlail¡ng',"/ill be sulficrent
proof of nolice
SECTION V - DEFINITIONS
1. "Advertisenent" rreans a notice that is broadcast
or pulrlished to the general public or specific när-
ket segments about yor.rr goods, products or ser-
v¡ces for the purpose of attracting customers Ðr
supponers.
2. "Auto" nÌeans a land molor vehLcle. tfailer or sÊmr-
trarler des¡gned for travel on public roads, rnclud¡ng
any attacied machìnery or equipment. But "auto"
does not ¡nclu,le "nlobrle equipmenl',
3. "Bodily injury" rneans bodily rniury sickness or
disease sustained by a person including death re-
su¡ting frcm any of these at any time
4. "Coverage terr¡tory" meals:
a. The Unrted Stales of America (inÇluding its
terr¡tories and possess¡0nsl, Puefto RÌco and
Canadai
Copyflght, Insurance Services Office, lne 1997 cG000r0798 tr
b- Inlernatronal '//aters ot arrspace provrdecl lhe
injury o. damage does not occur ¡n the course
of iravel or transpcrtation to ûr lrom any ptace
not includect in a. above, or
c. All parts of ihe',vorlc1 if:
(1) the inJury oi darnage aflses oui of:
(al Goods or products rnade or sold by you
in the territory described ¡n a. above: or
(b) The actiuties of a p€rson whose lrome is
in the territory describeC ¡n a. above. but
is arvay for a slrort tirne on your busi-
ness: and
(2) The rnsured's respons¡bility io pay danrages
is determ¡ned in a "suit" on ihe ments, in the
territory desci'ibed in a above or in a set-
tlenrent,,,¡e agree lo
5.'Elnp:oyee" lncludes a "leased wDrker'. "Employee"
does not include a ''temporary wo'ker''
6. "Execut¡ve ofircer" means a person holding any of
the officer positions crealed by your charter. eon-
stitution, by-laws cr any other sinlilar governing
'Jocument
7. "Hostile fire" means one which becomes unconlrol-
able or breat(s out from where ¡t ',ras intended to
ce.
8. "lmpaired property'means tangible prÒperty other
than "your product'' or 'yo.rt work". that cannol be
used or ¡s less useful because:
a. lt rncorporates "your producl" oI "your '1{ork"
that ¡s known or thought to Þe defective defi-
cienl. inadequate or dangerous. or
b. You have Íailed 1o fulfill the terlrs oî a contt'act
or agreement:
rf sueh property can be restcrecl to use þy:
a. The repair replacenlenl adjustment o[ re-
movâl of "your product" or "your rvork''. or
b. Your fu:filling the lerms of the contract or
agreement.
9."lnsured contract" nreans:
a. A contract fof a lease of premrses Ho}/ever.
that ponion of the contract for a lease of prenì-
tses thal lndemn¡fres any person 0r orgarÌ¡za-
t¡on for damage by firê to ptemrses l,/hrle renl€d
tc you or temporarily Ðccupied þy you witlr
pernlrssron of lhe owner ¡s not an "¡nsured con-
tract':
b. A srdetracl( agreêment:
c. Any easement or license agreem?nt excepl tn
connection \yith construct!ôn or demofillon 0p-
êratro¡ls on o[ v?rlh¡n 50 feet of a raihoarl
cG 00 01 07 98
d. Afl oblÌgairon. as reqr.lrred by ordrnance to
indenrnify a mun:cipality. except rn connection
,.vitir r'vork for a municipaiity
e. An elevator niaint€nance agreemenl:
f. Thet part of any other contraci or agreemenl
pertatn¡ng to your business (includlng an in-
demnf¡caton of a munic¡pality rn connecfion
!'r¡th ,.vork peF.ornìed for a municipal¡ty) under
!'¡hich you assunìê the torl lrab¡l¡ty of another
party io pay for "þod,ty rnjury" or "property dan-
age" to a third person 0f organization Tort li-
ab¡lrty means a i¡abrlity thâÎ would be rnìposed
by laly ¡n tlìe absence of ary contract or
agreement
Paragraplì f. does not include that Þail of any
conlract 0r agreement:
(1) That indemrriäes a railroad for "bodity injurf'
or "property damage" arisir'ìg otrt of con-
struction or demol¡tÌon operations, rvithin 50
feet ol any railroad property and affect¡ng
any railroad bridge or trestle tracks. road-
beds, tunrÌel. underpass ct ctossirg.
{2) That indemnifies an archilect. eflg¡nee. or
surveyôr for ¡njury or damege arising out of:
(al Preparing, aFprovrng or farl¡ng to pre-
pare or approve maps. shop drarvings,
oprnrons, repofts surveys f¡elci crders
change orders or drawings and specrft-
cations: or
(b) Giving directions or instructions. or fail-
rng 10 grve them f that rs the pnnìary
cause ci the rnjur_v or clamsge: or
{3) Undelrvhich the insured, if an archìlect,
engineer or surveyor, assumes liab¡lìty for
ân ¡njury cr câmage arising out of the in-
sured's rendering or failure to render pro-
fessional services. ¡ncluding those listed in
(2) above and supervisory, inspection, ar-
clìlteclrrral or engrneering aclivitres
10."Leased workei' means a person leased tc, you by
a labor leasing fitm under an agreement belween
you and lhe lâbor leasjng Firm. to peñorm dut¡es
related to the conduct of your business "Leased
'*¡orkeí" does not include a 'lenlporary \{orker"
1'1.''Loading or unloading" rneans the handling of
property
a. Afler ¡t ¡s iloved from the place where rt rs
accepted for movement into or onto an airc:'aft
"vatercrsfl
0r "auto''l
b. Whrle rt rs ¡n or on an arrcraft watercrâft or
''auto": or
Copvright lnsurance Services Oifice. lnc. r997 Page 11 of 13 tr
c, While it fs being moved from ail aircrafl, water-
claft or "auto" 1o the place rvhere ì1 is ijnally de-
l¡vered.
but "loading or unloading" does not include the
lrìovenrent of propetty by means of a nrechanical
Cevice. other than a hand truck, that is not at-
tached to the aficraft watercrafl or "auto"
12.'lvlobile equrpment" ileans any rf the follolv¡ng
types cf land vehrcles rncludrng aily altached ma-
Êhinery o[ equipnlenl:
a, Buildozers. farnì nìaciìinery. forklifts and other
vehiclês designed for use principalìv off public
roads;
b. Vehrcles mainlained for use solely on or next to
premises yoil ov/n or rerrl,
c. Vehrclesthat travel on cralvler ffeads;
d. Vehrcles \r/h€tner self-propelled or not, main-
tained primarily to provide mob¡lity to permâ-
nently mrrilnted.
(1) Povrer cranes shôvels, loaders, diggers or
drills, or
(2) R0ad construction or resurfacing eqt;pmenl
such as graders sL^rapers or rollers:
e. Vehrcles not described rn a., b.. c. of d. above
that are not self-propetlÊd and are maintained
pr¡marily to provide nrobility to penxanently at-
tached equrpnlent of the lollowrng types:
(t) Air compressors. pumps arìd generators
lncludlng sprayrng. u'eldlng bu¡lding clean-
ing geophysicaI exploratìon, lighling and
well serv¡cirg equipment, or
(2) Cherry pict(ers and s:mrlâr devices used to
raise cr lo'.ver workers.
f. Vehrcies not descfb€d rn a., b.. c. or d, above
nÌa¡nta¡red primarrly for purposes other than
the transportat¡on of persons or ca¡gc
Horvever. self-propelled vehicles '"vith the fol-
lowrng types of permanently attached equrp-
merìt are not "mobrle eqLrrpnrent" but ,¡/rll be
ccnsidered "autos":
(1) Equ¡pnrent designed pr¡rrìarily Éor:
(a) Snorv renloval;
(b) Road ma¡n'lenarìce. but not construct¡on
o¡ resurfacing: or
(c) Street cleanrng;
(2) Cherry p¡ckers and similar devices mounted
on autoryìobile or tr'uck chassis and used to
raise cr lower workers. and
(3) Alr compressors. pumps and generalors,
includiilg sprayrng. welding. bu¡ìding clean-
ing geoplrysicaÌ exploratlon lìghling and
weli serv¡c¡ng equrpment,
l3 "Occurienee" means ar accident, including con-
tinJous or repeated exposure to sutstantìally the
sanre general harmful corlditions
l4. "Personal and advertising in;ury" means injury
includ¡ng coDsequential "bodily injury'', arsing out
of one or nrore of the fol¡ow¡ng offensesì
a. False arrest, detent¡on or ¡mprisorlment:
b. lvlalicious prosecutior:
c. The wrongiul evict¡on frÐH. wrongful entry into
or invasion of thê right of private occupanc¡t of
a roonÌ, dwell¡¡rg or premises lhat a person oc-
cupies committed by oi on behatf of its owner,
landlord or lessor'.
d. Oral or written puþlication of material tqal slan-
ders or libels a person or organizatr0n or dis-
parages a person's or organrzatron's gocds,
products or services:
e. Oral or written pubi¡catron of matÊrial that vio-
lates a person's rigll of privacy.
f. The use of anothers advertising idea in your
"adverlisement" or'
g. lnfr¡nging upon another's copyright, trade dress
or slcaan in your "advertisenlent"
l5."Pollulaírts" mean any sohd, liqu¡d. gaseous or
thernral irritant or contanìinant includ¡ng smoke,
vaoor soot fumes. acids. aÌkalis chenicals andy/aste \ivaste rncluCes matefìals to be recycled,
recond:lioned or recla¡meû
16. "Producis-conìpleted opeiations hazard":
a. lncl¡rdes all "bodily iniury" and "property danr-
age' occurring avay fronr cremises yorr own or
rent and arising out cf "your product" or "your
work" except:
(1) Products thal are still ln your physrcal pos-
sesston. or
(2) Work that has not yet been conlp'eted or
abandonecl, Hor,r'ever, "your- work" will be
deemed completed at the earllest of the fol-
lorving trmes:
(a) When all of the rvork called for in your
contract has beel completed
(b) When all of the work to be done at the
job site has be€n completed rf your con-
tract calls ior ,,,,ork at nrore than one job
s¡te
(c) When that part of t¡ìe lvork clone at a joþ
s¡te ilas been put to ìts ¡ntended use by
any person or organ¡zatron other than
another contractcr or subcontractor
',vorking on the same project.
work that nlay need service ntaintenance,
correction repair or rep¡acenrent but v/nich
rs othen,vise conìplete will be trealed as
completed.
Page 12 oî '13 Copyright. lnsurance Services Ofice, lnc 1997 cG 00 0'1 07 98 tr
b. Does not ¡nclude "bod¡ly rnjury' or "propeily
damage' a¡ising out 01ì
(1) The transportation of property, unless the
¡njury or damage arises out of a cond¡tlon in
or on a vehicle nol owned or operaled by
yori, and that condition was created by the
"ìoad¡ng cr unloading" of that vêhicls by any
insured:
(2) The ex¡stence of lools. uninstalled equ¡p-
nrent or abandoned or unused materials: or
(31 Products or operaflons 10r s,thrch the classl-
ficatlon. fisted in the Declerations or ln a pol-icy schedule. states that products-
completed ope[ations are subject to the
General Aggregûte Linlit
1 7.'Property damage" means:
d. Phys¡cal inji.¡ry to tângible property. includ¡ng all
resulting loss of use of that property. All such
loss of use shall be deemed to occur at lhe
time of the physícal injury thal caused it. or
b. Loss oí use of tengible properly that ¡s not
physiÊalfy iniuled. All suc¡l loss of use shall be
deemed to occur at the t¡me oí the "occur-
rence" that causel rt.
1Ê.'Suit" means a civil proceading in lvhich damages
because of 'bod¡ly iûjury", "property danìage" or
"personal and adveftising injury" to'â¡lì¡ch lhis in-
surance applies are alleged ''Suit" inciudes.
a. An ffbrtralion proceeding in ',vhich such danl-
ages aFe ciaimeci and lo '-vhich the insured
n'ìusl subm¡t or does suþmit with our consent:
or
b, Any other alternative C¡spute resolut¡ofl pro-
ceedrng rn which such damages are clalmecl
and to which the insurecl suon'ìits v/ith oL¡r colì-
seJrt.
1g.'Temporary worker" nleans a person who ¡s fur-
nrshed lo you to subst¡lule for a permanent "enr-
ployee" on leave or to nleet seasonaÌ or short-lerm
woftload conditions.
20. "Your proauct'' means:
a. Any goods or producls. other than real prop-
erly, manufactured. sold, handled. distributed
or disposed oí by:
(1) Yoü:
(2) Olhers trading under your name. or
(3) A person or organizat¡onwhose büsiness or
assets you have acquired. and
b. Conlainers (other than vehicles), nlater¡als,
parts or equipment fumjshed in connection'.vith
such goods or ptoducts
"Your producl" includes:
a. warrantles or represenlallons nlade at any
tine viilh respecl to the fitness. quality dufab¡l-
ity performance or use of "your producÌ". and
b. The providing of ôr fa¡lure to provide v/arnings
or instrucf¡ons
"Your product" does nol lncluds venc¡ng macl'l¡nes
or other property renled lo or localed for the use of
others but not solcl
21. "Your work" means:
a. Wcrk or operalions peÍorrned by you or on
yoilr behalf: and
b. Materials, pafis or equÍpment furnrshed in con-
neclion w¡th sr¡ch work or operations
"Your work" Includes:
a. Warranties or represenlattons made at any
tme w¡1h respect to the f¡tness quality. durabtl-
ity, performance or use of "!'our work", and
b. ïhe providing of or failure to prov¡de warnings
or instructions
cG 00 01 07 98 copyrtght, lnsurance Services otfice lnc . 1997 Page 13 of 13 tr