HomeMy WebLinkAboutFCEOC - ESG - Homeless - 2013Gco3zo
UJOcr.9LErLoO9
LoC)ı
Õ
AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the 11th day of June, 2013 by and
between the CITY OF FRESNO, a California municipal corporation 1"ÕlTy"), and Fresno iountyEconomic opportunities Commission, a California corporation 1i'REclplENT"). ClTy anáRECIPIENT 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 iñthe City of Fresno in accordance with the provisionsof 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 riskof becoming homeless to quickly regain stability in permanent housing after experiencing ahousing crisis and/or homelessness within the city.
CITY, in conjunction with and through the County of Fresno, issued a Request forProposal Number 952-5087 ("RFP') to solicit cost proposals with specific plans to provide
eligible ESG services ("Scope of Work").
ln response to the RFP, RECIPIENT submitted a Proposal which included a Scope ofWork and cost proposal ("Budget") as described in Exhibits A and B respectively andrepresents it is capable and qualified to meet all the requirements of the RfP an-d thisAgreement.
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 ismutually agreed as follows: ' '
ARTICLE 1
DEFINITIONS. Wherever used in this Agreement or any of the contract documents, thefollowing words shall have the meaning herein given, unless the context requires a different
meanrng.
"ACT'- 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant and
Consolidated Plan Conforming Amendments lnterim Rule , published in tñe Federal Register onDecember 5,2011 (76 Fed. Reg. 75954).
"Administrator" and "Contract Administrator" shall mean the Manager of the Housing andCommunity Development Division of the Development and Resource Management Departlment
of City or his or her designee.
"Bid Proposal" and "Proposal" shall mean RECIPIENT's response to the RFp including
but not limited to the Budget, Scope of Work, certifications and all attachments and addenda.
"Budget" shall mean RECIPIENT's Cost Proposal submitted with the Bid proposal.
"City Manager" shall mean the City Manager of ClTy.
"Contract" or "Contract Documents" shall mean and refer to this Agreement including its
exhibits and the RFP and Bid Proposalwith all attachments and addenda thereto.
"ESG' shall mean Emergency Solutions Grant as set forth in the ACT.
'ESG Policies and Procedures" shall mean Attachment B to the RFp.
"General Conditions" or "General Requirements" shall mean the General Requirements
contained in the RFP.
"Program" shall mean services 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 ESb policies and
Procedures.
"Program income" for the specific purpose of this Agreement shall be as defined in theACT. Unless othenryise provided for in the ACT, program income shall include any and all gross
income earned by or accruing to RECIPIENT in its pursuit hereof provided that the-term
program income does not include rebates, credits, discounts or refunds realized by RECIpIENT
in its pursuit hereof.
"RFP' shall mean the Request for Proposal Number 952-5087 for the County and City ofFresno Emergency Solutions Grant dated October 2, 2012 including without limitation ihegeneral requirements, bidding requirements, all its attachments, appendices and addenda.
"Scope of Services or Services" shall mean those services submitted with REC|plENT,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 ClTy by
Administrator who shall be RECIPIENT'S point of contact and to whom RECIPIENT shall report.
2. Scope of Services. RECIPIENT shall provide the Program in conformance withthe Contract Documents and perform to the satisfaction of CITY those services set forth inExhibit A and services necessarily related or incidental thereto even though not expressly set
forth therein.
3. Effective Date and Term of Aqreement. lt is the intent of the parties that this
Agreement be effective as of the date first set forth above as to all terms and conditions of theAgreement. Services of RECIPIENT shall commence as of December 1 , 2013 and shall end
December 31, 2015, which shall be the term of this Agreement, unless terminated earlier asprovided herein.
4. Compensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed One Hundred and Fifty Thousand Dollars and Zero Cents
($150,000.00) for satisfactory performance of the services rendered therefore and as set forth inExhibit B attached hereto and incorporated herein. Compensation is based on actual
expenditures incurred by RECIPIENT in accordance with 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 fait to compty 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 ClTy
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 ín subsection (a), above, upon RECIPIENT'S showing that suchwill 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 which 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 otifr¡s
Agreement. Any interest thereon must be credited to or returned to CITY. Upon any dissolutionof RECIPIENT, all funds advanced pursuant to this Agreement and not expended shall be
returned to ClïY.
(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 lermination
of this 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 othenryise made unavailable to CITY whether earned or promised to RECIpIENT
and/or should CITY in any fiscal year hereunder fail to appropriate said funds, ClTy shall not
provide said funds to RECIPIENT unless and until they are made available for payment to ClTy
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 g below.
(f) RECIPIENT shall use the funds provided by CITY solely for the purpose
of providing the services required under subsection 2 (a) of this Agreement.
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 mãtching
funds unless expressly prohibited by law or contract. Unless othenruise provided by applicablã
law or contract, matching funds shall be applied in furtherance of the Scope of Work 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, réduced
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 clrY 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 RECIPIENT'S staff, including those
staff not funded by this Agreement but essential to the delivery of the services listed in Exhibit
A.
(d) The Administrator may, in his or her sole discretion, stay such suspension
of the Agreement for a period not to exceed 30 days to allow RECIPIENT to either (i) submit a
new service or funding plan for evaluation by Administrator who may accept or reject in his orher 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 l4 below.
7. Disposition of Proqram lncome. Absent the CITY's written consent, anyprogram income generated hereunder shall be used to reduce the CITY's reimbursement
obligations hereunder, or in the absence thereof promptly remitted entirely to the ClTy.
8. Events of Default. When in the opinion of CITY, there is an occurrence of any
one or more of the following provisions it will represent an Event of Defautt for purposes of thið
Agreement.
(a) An illegal or improper use of funds.
(b) A failure to comply with any term, covenant or condition of this
Agreement.
(c) Report(s) are submitted to CITY which are incorrect or incomplete in any
material respect.
(d) The services required hereunder are incapable of or are improperly being
performed by recipient.
(e) Refusal of RECIPIENT to accept change under Section 16
(Ð 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.
(i) RECIPIENT's failure, inability or admission in writing of its inability to pay
its debts as they become due or RECIPIENT's assignment for the benefit of creditors.
0) 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 othen¡vise 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 ClTy, 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 diligenily
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 REC|P|ENT and a
failure to cure said Event of Default within the time specified in the notice of Event of Default; (ii)
7 calendar days prior written notice without cause by CITY to RECIPIENT; (iii) CITY'S non-
appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of
this Agreement, or insufficient funding for the services provided by RECIPIENT; or (iv)
expiration of this Agreement.
(b) lmmediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of
its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all
properties and materials in the possession of RECIPIENT that are owned by CITY. Subject to
the terms of this Agreement, RECIPIENT shall be paid compensation for services satisfactorily
performed prior to the effective date of termination. RECIPIENT shall not be paid for any work
or services performed or costs incurred which reasonably could have been avoided.
(c) Upon any breach of this Agreement by RECIPIENT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to
it under applicable laws of the State of California or any other applicable law; (ii) proceed by
appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct,
indirect, consequential, economic and incidental damages for the breach of the Agreement. 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, tôrt or
strict liability, including but not limited to personal injury, death at any time and property
damage), and from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to thé
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 insurance as required in Exhibit D or as may be authorized in
writing by CITY'S Risk Manager or his or her designee at any time and in his or her sole
discretion.
(b) 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 certificates 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, Reports and lnspection.
(a) RECIPIENT shall establish and maintain records in accordance with all
requirements prescribed by CITY, HUD and generally accepted accounting principles, with
respect to all matters covered by this Agreement. As applicable, RECIPIENT shall comply with
all applicable requirements of the Office of Management and Budget Circular A-122, Cost
Principles for Non-Profit 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 $5OO,OO0), 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 Grants and Other Agreements with tnstitutions of Higher
Education, Hospitals, and Other Non-Profit Organizations.
foregoing:
RECIPIENT shall be responsible for determining the applicability of the
(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 othenryise authorized by clry, REclplENT 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 pértaining in whole oi
in part to this Agreement and they shall be clearly identified and readily accessible tó Clfy.
(c) During the life of this Agreement and for a period of five (S) years after
receipt of the final payment under this Agreement or the earlier termination of thìs'Agreement,
whichever occurs later, RECIPIENT shall, at any time during normal business houis and as
often as CITY and/or HUD or the authorized representative of either ClTy or HUD may deemnecessary, make available to them or any one of them, within the City of Fresnó, such
statements, records, reports, data and information as they may request pértaining to matters
covered by this Agreement and permit them or any one of them to audit and inspec[ all records,
invoices, materials, payrolls, records of personnel, conditions of employment, and other data
relating to all matters covered by this Agreement. RECIPIENT shall alsó permit and cooperatewith on-site monitoring and personal interviews of participants, RECIpIENT'S stafi, and
employees by Administrator and other clrY and/or HUD representatives.
(d) The RECIPIENT is required to participate in the Fresno Madera Continuum
of Care ("FMCoC"). Participation is defined as attendance at a minimum of 75% of 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 ('HMIS') run bythe Housing Authorities of the City and County of Fresno through a Memorandum of
Understanding with the FMCoC or a data base that complies with añy special requirementswhich 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 Oy fiUo. RECIPIENT
is required to enter all client intakes, provide regular updates and exit all clients once servicesare completed. As applicable, RECIPIENT must enter the following information in the
comparable database for federal reporting purposes:
1) Name
2) 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 Permanent Address
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 shall 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 client-level database internal to its organization (e.g. no
identifying data shared with the HMIS or the CITY and will provide only aggregate data tó tne
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 compliance with the HMIS Data and Technical Standards which
are acceptable to HUD and the CITY.
(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 CITY's files.
(b) RECIPIENT is responsible to CITY for the proper performance of any
subcontract. No such subcontract shall relieve RECIPIENT of its obligations under this
Agreement.
(c) Any subcontract shall be subject to all the terms and conditions of this
Agreement.
(d) No officer or director of RECIPIENT shall have any direct or indirect
financial interest in any subcontract made by RECIPIENT or in any loan, purchase of property,
or any other arrangement made by RECIPIENT, by whatever name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall complete
a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit 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 require its subcontractors to comply, with
all applicable federal, state and local conflict of interest laws and regulations including, without
limitation, California Government Code Section 1090 et seq., the California Political Reform Act
(California Government Code Section 87100 et seq.) and the regulations of the Fair political
Practices Commission concerning disclosure and disqualification (2 California Code of
Regulations Section 18700 et seq.). At any time, upon written request of CITY, RECIPIENT
shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due
diligent inquiry, RECIPIENT and the respective subcontractor(s) are in full compliance with all
laws and regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise
to the appearance of a conflict of interest, RECIPIENT shall immediately notify ClTy of fhese
facts in writing.
(c) ln 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 ClTy 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 othen¡vise, 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
982.401(J). 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 Hazard Reduction Act
of 1992 (42 U.S.C. 4851-4856) and implementing regulations at 24 CFR Part 35. tn 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 imptementing
regulation 24 CFR Part 8.
(c) RECIPIENT agrees to comply with the federal requirements set forth in 24 CFR
Part 5, except as explicitly modified below, and use of emergency shelter grant amounts must
comply with the following requirements: (a) Nondiscrimination and equal opportunity. The
nondiscrimination and equal opportunity requirements at24 CFR Part 5 are modified as follows:
(i) Rehabilitation Act requirements. HUD's regulations at 24 CFR Part 8
implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended. For
purposes of the emergency shelter grants program, the term dwelling unifs in 24 CFR Part 8
shall include sleeping accommodations.
(ii) RECIPIENT shall make known that use of the facilities and Services are
available to all on a nondiscriminatory basis. lf the procedures that the RECIPIENT intends to
use to make known the availability of the facilities and Services are unlikely to reach persons of
any particular race, color, religion, sex, age, national origin, familial status, or disability who may
qualify for such facilities and Services, the RECIPIENT must establish additional procedures
that will ensure that such persons are made aware of the facilities and Services. The
RECIPIENT must also adopt procedures which will make available to interested persons
information concerning the location of Services and facilities that are accessible to persons with
disabilities.
(ii¡) 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 ClTy,
and Nos. A-1 10 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 thirty (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, DC20410.
Relocation
(a) RECIPIENT shall assure that it has taken all reasonable steps to
minimize the displacement of persons (families, individuals, businesses, nonprofit organizations,
and farms) as a result of this project and the Services rendered in pursuit thereof.
(b) A displaced person must be provided relocation assistance at the levels
described in, and in accordance with, 49 CFR ParI 24, which contains the government-wide
regulations implementing the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
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 obtained and, to the best of RECIPIENT's knowledge, is in compliance with all
federal, state, and local governmental reviews, consents, authorizations, approvals, and
licenses presently required by law to be obtained by RECIPIENT for the Services as of the date
hereof.
(c) 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 solely responsible and liable for any recapture or
repayment obligation imposed by HUD due to any act or omission of RECIPIENT in pursuit
hereof.
(e) RECIPIENT acknowledges that RECIPIENT, not the CITY, is responsible
for determining applicability of and compliance with the ACT and all other applicable local, state,
and federal laws including, but not limited to, any applicable provisions of the California Labor
Code, Public Contract Code, and Government Code. The CITY makes no express or implied
17.
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 GITY shall not be liable or responsible at law or in equity for any failure
by RECIPIENT to comply with any such laws, regardless of whether the City knew or should
have known of the need for such compliance, or whether the CITY failed to notify RECIPIENT of
the need for such compliance.
(f) RECIPIENT agrees to comply with the CITY's Fair Employment Practices
and shall not employ discriminatory practices in the provision of the Services, employment of
personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, status as a veteran with
disabilities or veteran of the Vietnam era, medical condition, or physical or mental disability.
During the performance of this Agreement, RECIPIENT agrees as follows:
(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; 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.
(iii) RECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf 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 condition, 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 limitation, any changes necessary to comply with changes in federal, state, or
local laws or regulations), refusal by RECIPIENT to accept the change is grounds for
termination of this Agreement. Notwithstanding the foregoing, approval of the City Council is
not required for (i) insubstantial adjustments in line items within the total approved budget, not
affecting the total approved budget amount, approved by the Administrator in his/her sole
discretion; (ii) insubstantial changes in the nature or scope of services specified in this
Agreement approved by the Administrator in his/her sole discretion; 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. Copvriqhts/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 othenruise use, and to authorize others to use, all copyrighted material and all material which
can be copyrighted.
(b) Any discovery or invention arising out of or developed in the course of
work aided by this Agreement, shall promptly and fully be reported to CITY for determination by
CITY as to whether patent protection on such invention or discovery, including rights thereto
under any patent issued thereon (reserved henceforth onto CITY), shall be imposed and
administered, in order to protect the public interest.
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
pending before any legislative 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 seryices,
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 or¡entation, ethnicity, status as a disabled veteran or veteran of the Vietnam
era. Subject to the foregoing and during the performance of this Agreement, RECIPIENT
agrees as follows:
(a) RECIPIENT will comply with all applicable laws and regulations providing
that no person shall, on the grounds of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded
from participation in, be denied the benefits of, or be subject to discrimination under any
program or activity made possible by or resulting from this Agreement.
(b) RECIPIENT will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status
as a disabled veteran or veteran of the Vietnam era. RECIPIENT shall ensure that applicants
are employed, and the employees are treated during employment, without regard to their race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
veteran of the Vietnam era. Such requirement shall apply to RECIPIENT'S employment
practices including, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or 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. lndependent 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 othenruise provided in this Agreement,
RECIPIENï 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 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 pañy'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. Bindinq. 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. ln providing the services required under this Agreement,
RECIPIENT shall at all times comply with all applicable laws of the United States, the State of
California and CITY, and with all applicable regulations promulgated by federal, state, regional
or local administrative and regulatory agencies, now in force and as they may be enacted,
issued, or amended during the life of this Agreement.
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. Governinq Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for
purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
33. Headinqs. The Section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
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. lnterpretation. 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. Attornev's Fees. lf either Party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing
party in such proceeding or action shall be entitled to recover from the other Party its
reasonable attorney's fees and legal expenses.
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.
ln the event of any conflict between the body of this Agreement and any Exhibit or Attachment
hereto, the terms and conditions of the body of this Agreement shall control and take
precedence over the terms and conditions expressed within the Exhibit or Attachment.
Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which
purport to modify the allocation of risk between the Parties, provided for within the body of this
Agreement, are null and void.
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 Aqreement. 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
ut
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
Fresno County Economic Opportunities
California organization
By:
Chief Executive Officer
(Attach Notary Certificate of Acknowledgement)
Date:
Date: á-tj -r I
ATTEST:
YVONNE SPENCE, CMC
City Clerk By
By:
Date:
ruce Rudd
Addresses:
CIÏY:
City of Fresno
Attention: Bruce Rudd, City Manager
2600 Fresno Street Room 3076
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 Report5. Exhibit D - lnsurance Requirements4. Exhibit E - Conflict of lnterest Disclosure Form
Name:
Title:
(Attach Notary Certificate of Acknowledgement)
Date:
See Attached
Notarial Certificate
RECIPIENT:
Fresno County Economic Opportunities
Commission
Attention: Brian Angus, Chief Executive Officer
1920 Mariposa Mall Suite 300
Fresno, CA 93721
Phone: (559) 263-1100
FAX:
APPROVED AS TO FORM:
DOUG SLOAN
andon M. Collet
CAI.IFORNIA ALT.PURPOSE ACKNOWLEDGMENT
State of California ì
counry * ,-lfeSnO I
On before me,
personally appeared
DE88IE GRAIIUM
Oommlsslon # 2043070
Notary Publlc - Callfornla
Fresno Coun$
20170cl
who proved to me on the basis of satisfactory
evidence to be the personþ') whose nameþ) is/a+e
subscribed to the within instrument and acknowledged
to me that hekhe/thery executed the same in
his/her/their authorized capacityþs), and that by
his/her/their signatureþ) on the instrument the
person(sf; 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 haqd and official
Signature:
Place Notary Seal and/or Stamp Abov€
OPTIONAL
Though the ¡nformat¡on below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Pages:
Signer(s) Other
Capacity(ies)
Than Named Above:
Claimed by Signer(s)
Signer's Name:Signer's Name:
n Corporate Officer - Title(s):
fl lndividual
tr Corporate Officer - Title(s):
n lndividual
E Partner-D Limited n General
n Attorney in Fact
E Trustee
n Guardian or Conservator
E Other:
n Partner-n Limited E General
n Attorney in Fact
n Trustee
tr Guardian or Conservator
n Other:
Signer ls Representing:Signer ls Representing:
OF SIGNEH
RIGHT THUMBP
OF SIGNER
O2008 Nat¡onal Notary Associat¡on. 9350 De Soto Ave , P O Box 2402. Chatsworth, CA 9131 3-2402. M NationalNotary org ltem #5907 Reorder: Call Toll-Free l-800-876-6827
EXHIBIT A
SCOPE OF SERVICES
EMERGENCY SOLUTIONS GRANT
The ESG goal of Fresno County Economic Opportunities Commission ("FCEOC") is to provide
critical and quality services to assist individuals and individuals with families (with veterans and
veterans with families as priority the population) to quickly regain stability in permanent housing
after experiencing a housing crisis or homelessness. As part of a comprehensive continuum of
services for individuals, guided by lndividualized Service Plans, a FCEOC Case Manager will
provide Homeless Prevention and Rapid Re-Housing services to at least sixty (60) individuals
(including veterans)/or families who are homeless or at-risk of becoming homeless.
Overview of proposed programs, activities, and/or services to be provided:
FCEOC is aware of the identified target set asides that the County and the City have for the
activities to be funded. Based on the need and its capacity to provide the most impactful and
economic services, FCEOC is proposing to provide the following ESG services as part of an
individualized and comprehensive approach that is rooted in the Housing First policy:
o Rapid Re-Housing: This service is available for those that are considered "literally
homeless" and includes housing relocation and stabilization and tenant-based rental
asslsfance.o Homelessness Prevention: This service is available for those that are at-risk of
becoming homeless and includes housing relocation and stabilization services and
te n a nt- b a sed rent a I asslsfance.o WRAPAROUND services and supporls to promote housing stability and self-
sufficiency.
Proposed programs, activities and services to be provided:
FCEOC will provide Rapid Re-Housing and Homelessness Prevention services as part of a
client-centered, holistic approach to providing services to lndividuals and theirfamilies (in
alignment with the Housing First policy model) that includes:
. lntake and Assessment:
Every lndividual will receive a comprehensive intake/individualized assessment by a
qualified FCEOC Case Manager. During the intakeiassessment phase the Case
Manager will also determine the needs of the veteran's family members in applicable.
Those individuals and their families who may not be eligible for ESG services will be
linked to other appropriate community programs.
. Service Planning:
Working in a therapeutic alliance with the FCEOC Case Manager the client (and family if
applicable)will develop an lndividualized Service Plan based on information learned
during the intake/assessment phase.
. Comprehensive Wrap Around Case Management Services:
The FCEOC Case Manager will provide individuals and their families with case
management to ensure they transition to independence. This will include arrangement,
coordination, monitoring, and delivery of services related to meeting the housing needs
of clients and helping them obtain housing stability. The Case Manager (see job
description included in the appendix) will meet with each client at least once weekly to
provide support and assistance towards achieving each lndividualized Service Plan. See
the "Case Management and lntake Plan" for more detailed information.
ESG Services:
o Rapid Re-Housing: FCEOC will make this service available for individuals or
individuals with families that are considered "literally homeless" and includes
housing relocation and stabilization services (rental application fees, security
deposits, utility deposits or payments, last month's rent, housing search and
placement activities, and housing stability case management) and tenant-öased
rentalasslsfance (short, up to 3 months, and medium, up to 4 months, term
rental assistance , 4 to 12 months). The total period for which any program
participant may receive services must not exceed 12 months during any three
year period.
o Homelessness Prevention: FCEOC will make this service available for
individuals or individuals with families that are considered at-risk of becoming
homeless and includes housing relocation and stabilization services (rental
application fees, security deposits, utility deposits or payments, last month's
rent, housing search and placement activities, and housing stability case
management) and tenant-based rentalassrsfance (short, up to 3 months, and
medium, up to 4 months, term rental assistance,4to 12 months). The total
period for which any program participant may receive services must not exceed
12 months during any three year period.
Access to Supportive Services:
All FCEOC clients have access to an array of supportive services offered by FCEOC
including:
o temporaryhousing/sheltero individual and group counseling sesstonso community-based 12-step meetingso linkages and referrals to community-based serviceso linkages to healthcare serviceso linkages to substance abuse serviceso linkages to mental health serviceso employment skills buildingo life skills building groups
o recreationalactivitieso family strengthening classeso credit repair assistanceo financial literacy training
. Aftercare/Follow-Up Services:
Case Management begins on day one and continues through aftercare/follow-up
services provided by the FCEOC Case Manager to ensure gains and strengths are
maintain, employment is maintained and housing stability is sustained for the long-term.
PERFORMANCE INDICATORS
FCEOC is an experienced vendor with the City of Fresno and County of Fresno. The
organization is also seasoned in contract management and program implementation where
HUD and ESG funds are utilized.
According to the NationalAlliance to End Homeless:
Housing First is an approach that centers on providing homeless people with housing
quickly and then providing services as needed. What differentiates a Housing First
approach from other strategies is that there is an immediate and primary focus on
helping individuals and families quickly access and sustain permanent housing. This
approach has the benefit of being consistent with what most people experiencing
homelessness want and seek help to achieve. A Housing First approach rests on
the belief that helping people access and sustain permanent, affordable housing
should be the central goal of our work with people experiencing homelessness. By
províding housing assistance, case management and supportive services responsive
to individual or family needs (time-limited or long{erm) after an individual or family is
housed, communities can significantly reduce the time people experience
homelessness and prevent further episodes of homelessness. A central tenet of the
Housing First approach is that social services to enhance individual and family well-
being can be more effective when people are in their own home. Housing First is an
approach used for both homeless families and individuals and for people who are
chronically homeless. Program models vary depending on the client population,
availability of affordable rental housing and/or housing subsidies and services that
can be provided. Housing First programs often reflect the needs and preferences of
each community, further contributing to the diversity of models.
FCEOC will meet the identified Performance Standards as follows:
FCEOC understands the Housing First policy as stated above. FCEOC has also read,
understands and will comply with all parts of The Homeless Emergency Assistance and
Rapid Transition to Housing (HEARTH) Act of 2009.
FCEOC will continue to provide comprehensive data for HMIS.
FCEOC will attend ESG partner meetings as called by the County and/or City;
FCEOC will continue to be a "Member ln Good Standing" in the Fresno Madera
Continuum of Care and have an attendance rate of at least 50% (FCEOC has an
attendance rate of 90%);
FCEOC will utilize a single intake application as agreed upon by County and/or City of
Fresno and sub-grantee(s);
. FCEOC will take (and welcomes) referrals from 2-1-1 and other homeless services
providers including City, County, State or Federal agencies, and partners including
County and/or City of Fresno administrative staff;
o FCEOC will continue to provide regular, on-going outreach to those facing
homelessness in our community, SJW and FCEOC staff will serve on the FMCoC
Outreach committee;
o FCEOC provide assessments leading to wrap-around case management services that
promote self-independence and self-sufficiency, including direct linkages to
mainstream service providers as needed (which could lead to and include graduation
from services and/ or permanent housing),
o FCEOC will comply with 100% of City/County of Fresno ESG Policy and Procedures
(local rules);
o As indicated in its timeline, FCEOC will achieve the following annual performance
goals:
o Expenditure of 20o/o of Contracted Amount / Achievement of 20o/o Program Goal
by end of the 1't quarter;
o Expenditure of 50% of Contracted Amount / Achievement of 50% Program Goal
by end of the 2nd quarter;
o Expenditure of 80% of Contracted Amount / Achievement of 80% Program Goal
by end of the 3rd quarter; and
o Expenditure of 1Q0o/o of Contracted Amount / Achievement of 10Oo/o Program
Goal by end of the 4th quarter.
EXHIBIT B
BUDGET SUMMARY
Rapid - Re-Housing
Housino Relocation & Stabilization
Case Manaoer - .65 FTt $55,072
Ten a nt-Based Rental Assistance
Rental Assistance $38,625
Securitv Deposits $6,289
Utilitv Deposit /Pavments ( 10 hhs x avq $145 /hhs)$1,450
Movinq Cost Assistance (10 hhs x $50/hh)$500
Credit check and Aoolication Fees (20 clients x $45)$900
Hotel/Motel Voucher (6 hhs x $68/niqht x 3 niqhts)$1.224
Other
Cell Phone ($20/mo x 17 months)s340
Mileaoe Reimbursement ($0.5O/mile x 70.59 miles/mo x 17 mos)$600
TOTAL $105.000
Shelfer
Program Director - .030 FTE
Case Management Services - .50 FTE
Administration
$4,841
$32,659
$7.500
TOTAL $45,000
Grant Total both Rapid Rehousinq and Shelter 9150,000
EXHIBIT D
INSURANCE REQUIREMENTS
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, which shall include insurance for "bodily
injury," "property damage" and "personal and advertising injury" with coverage for
premises and operations, products and completed operations, and contractual
liability.
2. The most current version of lnsurance Service Office (lSO) Business Auto
Coverage Form CA 00 01, which shall include coverage for all owned, hired, and
non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers' Compensation insurance as required by the California Labor Code and
Employer's Liability lnsurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
RECIPIENT'S profession. Architect's and engineer's coverage is to be endorsed
to include contractual liability.
Minimum Limits of lnsurance
RECIPIENT shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$2,000,000 aggregate for products and completed operations
$2,000,000 general aggregate applying separately to the work performed under
the Agreement
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer's Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
4. Professional Liability (Errors and Omissions):
$1,000, 000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess lnsurance
ln the event RECIPIENT 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).
Deductibles and Self-lnsured Retentions
RECIPIENT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required hereunder and RECIPIENT shall also be responsible for payment of any
self-insured retentions. Any deductibles or self-insured retentions must be declared to, and
approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk
Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or (ii) RECIPIENT 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
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.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers.
3. RECIPIENT'S insurance coverage shall be primary and no contribution shall be
required of CITY.
The Workers' Compensation insurance policv is to contain, or be endorsed to contain, the
following provision: RECIPIENT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents and volunteers.
is written on a claims-made
form:
1. The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by RECIPIENT.
2. lnsurance must be maintained and evidence of insurance must be provided for at
least 5 years after any expiration or termination of the Agreement or, in the
alternative, the policy shall be endorsed to provide not less than a S-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 RECIPIENT, RECIPIENT must
purchase extended reporting coverage for a minimum of 5 years following the
expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to CITY for
review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall
not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day
written notice by certified mail, return receipt requested, has been given to CITY. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in
coverage or in limits, RECIPIENT shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). ln the event any policy is due to expire during the work to be
performed for CITY, RECIPIENT shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than l5 calendar days prior to the expiration date of
the expiring policy.
Acceptability of Insurers
All policies of insurance required hereunder shall be placed with an insurance company(ies)
admitted by the California lnsurance Commissioner to do business in the State of California and
rated not less than "A-Vll' in Best's lnsurance Rating Guide; or authorized by CITY'S Risk
Manager.
Verification of Coverage
RECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be received
and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the
Agreement and before work commences.
TI¡ CERTIFICATE OF LIABILITY INSURANCE
TE NUMBER:
7 t1114THIS CERTIFICATE IS ISSUED AS A
.EÞIIEIAATE ñAEO ÀI^TcERTIFICATE DOES Nor AFFIRMATIVELY oR NEGATIVELY AMENu, EXTEND oR ALTER THE covERAGE AFFoRDED By rHE por-lclJ5'e-rlowTHls CERTIFICATE oF INSUMNOE DOES NoT OONSTITUTE A coÑTRAcT BETWEEN THE tssutNG TNSURER(5), AUTHoRtzEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
ANT: lf the certificaie holder is an ADDITIllvlrUKlAl\l:lTInecenIllcaIenolderlSanADDlTloNALlNSURED'thepolicy(ies)mustbeendo
and conditions of the policy, certain policies require an endorsemeni. R siatei àniãn th¡s certificate ooes noicànrer rights to the certifìcate holder in lieu ofsuch endorsementls).
Heffernan lnsurance Brokers
1350 Carlback Avenue, Suite 200
Walnut Creek, CA 94596
CA License #0564249
Fresno Economic Opportunities Commission
1920 Mariposa Mall, Suite 300
Fresno, CA93721-2504
Non-Profits lnsurance Alliance of Câl¡fornia
THIS IS TO CERTIFY THAT PO
NOTWITHSTANDING ANY REQUIREMENT' TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BElssuED oR MAY PERTAIN' THE INSURANCE AFFORDED BY THE PollclEs oescniaeo nEREtN ts sug¡Ecr ro ÀLl rt+ lenus, EXcLUstoNS AND coNDtloNS oFSUCH,POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR
LTR TYPE OF INSURANCE ADDL
INSR
SUBR
WVD POLICY NUMBER POLICY EFF
(MM/DDt/YfY)
POLICY EXP
(rlrM/DDffYYY)Lil\¡tTs
X COMMERCIAL GENERAL LIABILITY
cLAIMs-MADE l-il occun
2014-28175-NPO 07t01t2014 07t01t2015
EACH OCCURRENCE $ '1,000,000
DAI\4AGE TO RENTED
PREMISES (Ea occurenæ)$ 500,000
I¡ED EXP (Any onê person)$ 20,000
PERSONAL & ADV INJURY $ 1,000.000
GENERAL AGGREGATE $ 3,000,000
GEN'L AGGREGATE LII\,IIT APPLIES PER_l pou"v I p*orecr l-x] roc
PRODUCTS . COI\4P|OP AGG $ 3,000,000
$
A Xl
;
TOMOBILE LIABILIry
ANY AUTO
ALLowNEDAUTos [l ffi53**
H,RED Auros I-_-.l ¡ro¡r-owr,reo| | Auros
compDED$i.ooo l-il "ouoEos,,o*
2014-28175-NPO 07t01t2014 07t01t2015
COMBINED SINGLE LII\¡IT
(Ea acc¡dent)$ 1,000.000
BODILY INJURY (Per peßon)¡
BODILY INJURY (Per acc¡dent)s
PROPERTY DAMAGE
(Per accident)s
LIABILIry DED $ 5,000xUMBRELLA LIAB
EXCESS LIAB
X I OCCURII cLAtN¡s-I u¡op 2014-281 75-UMB-NPO 07 t01t2014 07t01t2015
EACH OCCURRENCE $'10.000.000
AGGRÊGATE $ 10,000,000DED I X I RETENTIoN $1o,oo0 s
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y/NcunvE/ tr
li yes, describe undor DESCRIpTtON OF
OPERATIoNS below
N/A
WC STATU-
TORY Lll,,llTS OTHER
E L, EACH ACCIDENT s
E L DISEASE. EA EMPLOYEE 5
E.L DISEASE. POLICY LIMIT $
SOCIAL SERVICE PROFESSIONAL LIABILITY 2014-2817'-NPO 07t01t2014 07101t2015 EACH OCCURRENCE
AGGREGATE
$ 1,000,000
$ 3.000.000
utssut{tp I toN oF opERATtONS / LOCATTONS / VEHTCLES (Attach AC
Re: Sanctuary HPRP Program.
The City of Fresno, its officers, officials, employees, agents and volunteers are additional insured. This insurance is primary, and ourobligations are notaffected by any other insurance carried by such additiónal insured whether primary. excess, contingent, or any other basis.
@1-8-2010 ACORD
marks of ACORD
Nl tMFrtrÞ'
City of Fresno
c/o City Managers Office
Attn: Gregory Barfield
2600 Fresno Street, Room 2097
Fresno, CA93721
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W H THC
AUTHORIZED REPRESENTATIVEffll--
The ACORD name and logo are registered
CORPORATION. All rights reserved.
lnsured Name: Fresno Economic Opportunities Commission
PolicyNumber: 2014-28175-NPO
Effective Dates: 0710112014 - 0710112015
COMMERCIAL GENERAL LIABILITY
cG 20 26 07 04
SCHEDULE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABIL¡TY COVERAGE PART
Section ll - Who ls An lnsured is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with respect to liability for "bodily injury," "property
damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omisiions
or the acts or omissions of those acting on your behalf:A. ln the performance ofyour ongoing operat¡ons: or
B. ln connection with your premises owned by or rented to you.
Name of Add lnsured Pe
Re: Sanctuary HPRP Program.
The Gity of Fresno, its officers, officials, employees, agents and volunteers
lnformation required to complete this Schedule, if not shown above, will be shown in the Declarations
cG 20 26 07 04
Policv Numbet:2014-28t7 5-NPo
coMMERcTAL G=rr3äib,îilirrå
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy resfict coverage.
Read the entire policy carefully to determine rights,
duties and what is and ¡s not covered.
Throughout this policy the words "you" and "youf' refer
to the Named lnsured shown in the Declarat¡ons, and
any other person or organization qualifying as a
Named lnsured under this policy. The words "we", "us"
and "ouf refer to the company providing this insur-
ance.
The word "insured" means any person or organizat¡on
qual¡fying as such under Seciiòn ll - Who-ls An ln-
sured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -Definitions-
SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. lnsuring Agreement
a. We will pay those sums that the ¡nsured be-
comes legally obligated to pay as damages þe-
cause of "bodity injuqf or "property damage" to
which this ¡nsurance applies. We will have the
right and duty to defend the insured against any
"suit" seeking those damages. However, we willhave against any"suit" ly injury' or"prop urance does
not apply. We may, at our discretion, investi-
gate any'occurrence" and settle any claim or
"suit" that may result. But:
(l) The amount we will pay for damages is
limited as described ¡n Section lll - Limits
Of lnsurance; and
(2) Our right and duty to defend end lvhen we
have used up the appl¡cable limit of insur-
ance in the palment of judgments oÍ set-
tlements under Coverages A or B or medÈ
cal expenses under Coverage C.
No other obligation or liability to pay sums or
perlorm acts or seruices is covered unless ex-
plic¡tly provided for under Supplementary Pay-
ments - Coverages A and B.
cG 00 û1 07 98
b. This insurance applies to "bodily injuy and
"property damage" only if:
(1) The "bodily inju¡/ or "property damage" is
caused by an 'occurrence" that takes place
in the "coverage territory'; and
(2! The "bodily injur/' or "property damage"
occurs dur¡ng the policy period.
c. Damages because of "bod¡ly injun/' include
damages claimed þy any person or organiza-
tion for care, loss of services or death resulting
at any time from the "bodily ¡njury".
2. Exclusions
This insurance does not apply to:
a. Expected Or lntended lnjury
"Bod¡ly injury" or "propely damage" expected
or ¡ntended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
resulting from lhe use of reasonable force to
protect persons or property.
b. Contractual LiabiliÇ
"Bod¡ly ¡njury" or "property damage" for which
the insured is obligated to pay damages by
reason of the assumption of liability in a con-
tract or agreement- This exclusion does not
apply to liability for damages:
{1} That the ¡nsured would have in the absence
ofthe contract or agreement; or
(2| Assumed in a contract or agreement that is
an "¡nsured contract", provided the "bodily
¡njury'or "propeñy damage" occurs subse-
quent to the execution of the contract or
agreement. Solely for the purposes of liabil-
ity assumed in an "¡nsured contract", rea-
sonable attorney fees and necessary litiga-
tion expenses incurred by or for a pady
other than an insured are deemed to bè
damages because of "bodily injur¡/ or
"property damage', prov¡ded:
(a) Liability to such party for, or for the cost
of, that partys defensè has also been
assumed in fhe same "insured contÍacfl;
and
Copyright, lnsurance Services Omce, lnc,'l 997 Page f of 13
(b) Such attorney fees and litigat¡on ex-
penses are for defense of thai party
against a civil or alternatìve dispute reso-
lution proceeding in which damages to
which this insurance applies are alleged.
c. Liquor Liabilíty
"Bodily Injur¡/' or "pt'operty damage" for which
any insured may be held liabJe by reason of:
(1| Gausing or contributing to the intoxication of
any person;
(2) The fuÍn¡shing of alcohol¡c beverages to a
person under the legal drinking age or un-
der the influence of alcohol; or
(3) Any statule, ordinance or regulation relating
to the sale, gift, disfibution or use of alco-
hof¡c beverages-
lh¡s exclusion applies only if you are in the
business of manufacturìng, distributing, selling,
serv¡ng or furnishing alcoholic beveragès.
d. Workers'Compensation And Similar Laws
Any obligation of the insured under a workers'
compensat¡on, disab¡lity benefìts or unemploy-
ment compensation law or any similar law.
e. Employeis Liability
'Bodily injury. to:
{1} An ''employee" of the insured arising out of
and in the course of:
{a) Employment by the ìnsured: or
(b) Periorming duties related to the conduct
of the insured's business; or
(2) The spouse, child, parent, brother or sister
of that "employee" as a consequence of
Paragraph {l) above
This exclusion applies:
(1) Whether the insured may be l¡able as an
employer or in any other capacity; and
(2) To any obligation to share damages with or
repay sorneone else who must pay dam-
ages because of the ¡njury.
This exclusion does not apply to liabiliÇ as-
sumed by the insured under an "insured con-
tacl".
f. Poffution
(1) "Bodily injur¡f or ''propeñy damage,, arising
out of the actual, alleged or threatened dis-
charge, d¡spersal, seepage, migration, re-
lease or escape of "pollutants':
(a) At or from any premises, site or location
which is or was at any time owned or
occupied by, or renled or loaned to, any
insured. However, this subparagrapñ
does not apply to:
(i) "Bodily injury" it sustained wilhin a
building and caused by smoke,
fumes, vapor or soot from equipment
used to heat that build¡ng;
(ii) 'Bodily injury" or "property damage',
for which you may be held liable, if
you are a contractor and the owner
or fessee of such premises, site or
location has been added to your pol-
icy as an additional insured with re-
spect to your ongoing operat¡ons per-
formed for that addit¡onal insured at
that premises, site or location and
such premises, sile or location is not
and never was omed or occupied
by, or rented or loaned to, any in-
sured, other than that addit¡onal in-
sured; or
(iii) "Bodily injury" or "property damage"
arising out of heat, smoke or fumes
from a .hostile fire";
(b) At or from any premises, site or locat¡on
which is or was at any time used by orfoÍ any ¡nsured or others for the tian-
dling, storage, disposal, processing or
treatment of waste;
(c) Which are or were at any time trans-
ported, handled, stored, treated, dis-
posed of, by orfor.any-in rgani-
zation lor lly r+
sponsible
Page 2 of 13 Copyrighi, lnsurance Services Office, lnc., 1997 cG 00 0'1 07 98
(d) At or from any prem¡ses, s¡te or location
on whic
or subc
directly
forming
brought
cation in connection with such opera-
tions by such insured, contractor orsub-
contraclor. However, this subparagraph
does not apply to:
(¡) 'Bodily injur¡/' or ''property damage',
ar¡sing out of the escape of fuels,lu-
other operating fluids escâpe from a
vehicle part designed (o hofd, sto¡e
or ¡eceive them. Th¡s except¡on does
not apply if the "bod¡ly injur/' or
"property damage" arises out of the
intentional discharge, dispersal or re-
lease of the fuels, lubricants or other
operat¡ng f¡uids, or if such fuels. lu-
bricants or other operating fluids are
brought on or to the premises, site or
locafion with the intent that they be
discharged, dispersed or released aspart of the operations being peÊ
formed by such insured, conlractor
or subcontractor;
(ii) 'Bodíly ìnjury'' or "property damage'
susla¡ned w¡thin a building and
caused by the release of gases,
fumes or vapors from materials
in connec-
performed
by a con-
(iii) "Bodily injurt'' or 'property damage'
arising out of heat, smoke or fumes
f¡om a "hostile fire'.
(e) At or from any premises, site or location
on which any ¡nsured or any contractors
or subc
d¡rectly
forming
to test
conta¡n,
any way respond to, or assess the ef-
fects of, "pollutants'.
(2) Any loss, cost or expense arising oul of any:(a) er or statutory or
that any insured
move, contain, t *t, oiiJ;¡ile3lr1pri.^'j-
ize, or in any way respond to, or assess
the effects of, "potlutants"; or
!]gy9u"I, this paragraph does not appty to
l¡abil¡ty for damages because ot ,'piopêrty
damage- that the insured woula have in thè
absence of such request, demand, order or
statutory or fegulatory requirement, or such
claim or "suit' by or on behalf of a govern-
mental authority.
g. Aircraft, Auto 0r Watercraft
"Bodily ìnjury' or "properly damage'' ar¡sing outof the ownersh¡p, maintenance, Llse or en-
trustrnent to others of any aircraft, "auto" or wa-
tercraft owned or operated by or renled or
Ioaned to any insured. Use includes operation
and "loading or unloading".
This exclusion does not apply to:
(1) A watercraft while ashore on premises you
own of rent;
(2) Awatercraftyou do notown that is:
(a) Less than 26 feet long; and
(b) Not being used to carry persons or
property for a charge;
(3) Parking an "auto" on, or on lhe ways next
to, premises you own or rent, provided the
"auto" is not owned by or rentéd or loaned
to you orthe insured;
(4) Liability assumed under any ',insured con-kact' for the ownership, maintenance or
use of aircraft or watercraft; or
(5) damage" arising
of the equipment
f.(3) of the defini-
cG 00 0't 07 98 Copyright, lnsurance Services Ofüce, tnc., 1997 Page 3 of 13 n
h. Mobile Equipment
"Bodily injury" or "property damage" arising oui
o1:
(1) The transportation of ''mobile equ¡pment' bv
an 'auto" owned or operated by'oi rented oi
loaned to any insured; or
l2l ipment" in, or lvhile
being prepared for,
speed, demolition,
í. War
or agreement.
j. Damage To Property
'Property damage' to:
{1) Property you own, rent, or occupy;
(2) Premises you sell, give arvay or abandon, if
the."property damage" arisea out of any part
of those prem¡ses;
(3) Property loaned to you;
(4) Personal_property in the care, custody or
controf ofthe insured;
(5) ïhat pad¡cular pan of real property on whichyou or any contractors or subcontractors
working directly or indirecfly on your behalf
are perf-orm¡ng operations, if the "property
damage" ar¡ses out of those operatiònsi or
-
(6) That particular parl of any propertv thal
must be restored, repaired ôr'reitacéo oe_cause "your work', was incoriecfly per_
formed on ¡t.
- Limits Of lnsurance.
Paragraph (21 ofth¡s exclusion does not aoolv ifthe premises are ,your work', and were 'n'eúer
occupied, rented or held for rental by you.
Paragraphs (3), (4), (S) and (6) ofthis exclusion
do not apply to l¡aþ¡lity assumed under a side-
track agreement.
Paragraph (6) of this exclusion does not aDÞlv
to "property damage" included in the ',prodJcts'-
completed operat¡ons hazard,.
k. Damage To Your Product
"Propedy damage" to ',your product" arising out
of it or any part of it
L Damage To Your Work
"Property damage" to "your work" arising out of
it or a¡y part of it and included in the ',próducts_
completed operat¡ons hazard".
This exclus¡on does not apply if the damaged
work or the work out of which the damãge
arises was performed on your behalf Oy a sui_
contractor.
m. Damage To lmpaired property Or property
Not Physically lnjured
"Property.damage" to ',impaired property', orprgperty that has not been physically injirred,
arising out ot
(1) A defect, deficiency, inadequacy or dangeÍ_
ous. .condition in .your product" or ',yäur
work": or
(2) A delay or failure by you or anyone actinoon your behalf to pérform a 'contract oï
agreement in accordance with its terms.
This exclusion does not applyto the loss of useof other property arising oútbf sudden and ac_cidenfal physical injury to ,,your product,' or
"your work'' after it has been put to ìts ¡ntended
use-
n. Recall Of Products, Work Or fmpaired
Property
Damages claimed for any loss, cost or exÞense
incurred by you or others for the loss oî use,
withdrawal, recall, ¡nspection, reÞair. reþlace_
ment, adjustment, removal or dispbsai of:'
(1) 'Your product'';
(2) "Yourwork"; or
(3) "lmpa¡red property';
if such product, work, or property ls w¡thdrawn
or recalled from the market or fróm use bv anvperson or organizat¡on because of a known orsuspected defect, deficiency, ¡nadequacy or
dangerous condition in it.
o. Personal And Advertising lnjury
"Bodily injurf' arising out of "personai and ad_
vertising injury".
Page4of13 Copyright, lnsurance Services Office, lnc., 1997 cG 00 01 07 98
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
1, lnsuring Agreement
a. We will pay those sums that the ¡nsured be-
comes legally obligated to pay as damages be-
cause of "personal and advertis¡ng injury' to
which this insurance applies. We will have the
any
wiil
åil
not apply. We may, at our discretion, inurïti
gate any offense and seltle any claim or ,,suit"
that may result. But:
(f) The amount we will pay for damages ¡s
l¡m¡ted as described in Section lll - Limits
Of lnsurance , and
(2) Our right and cluty to defend end when we
have used up the applicable limit of insur-
ance in the payment of judgments or set-
llements under Coverages A or B or medi-
cal expenses under Coverage C.
No other obligation or liabil¡ty to pay sums or
perform acts of services is covered únless ex-
plicitly provided for under Supplementary pay-
ments - Coverages A and B.
b. Th¡s insurance applies to ',personal and adver-
tis¡ng injury" caused by an offense arising out of
your business but only if the oftense was com-
mitted in the "coverage territory' during the pol-
icy period.
2, Exclusions
Th¡s insurance does not apply to:
a. "Personal and advertising ¡njunf:
(1 ) Caused by or at the direction of the insured
with the knowledge that the act would vio-
late the righß of another and would inflict
"peÍsonal and advert¡sing ¡njuD/;
(2) Aris¡ng out of oral or written publ¡cat¡on of
material, if done by or at the d¡rection of the
¡nsured with knowledge of its falsity;
(3) Arising out of oral or written publication of
material whose first publication took place
before the beginning of the policy period;
(4) Arising out of a crlminal act comm¡tted by or
at the direction of any ¡nsured;
(5) For which the insured has assumed liabil¡ty
¡n a confuact or agreement. This exclusioñ
does not apply to liability for damages that
lhe insured would have in the absence of
the contract or agreement;
(6) ArÍsing out of a breach of contraci, except
an implied contract to use anothels adver-
t¡sing idea in your "advertisement,';
(71 Arising out of the failure of goods, produÒts
or seNices lo conform with any statement of
quality or performance made in your,,adver-
tisement";
(8) Arising out of fhe wrong descript¡on of the
price of goods, products or señices stated
¡n your "advert¡sement";
(9) Committed by an insured whose business ¡s
adveñising, broadcasfng, publish¡ng or
telecasting. However, this exclusion ioes
not apply to Paragraphs 14.a., b. and c. of
þersonal and adveft¡s¡ng injury' under the
Deflnit¡ons Sect¡on; or
(10) Ar¡sing out of the actual, alleged or threat-
ened discharge, dispersal, seepage, migra-
tion, release or escape of "pollutañts' atãny
time.
b. Any loss, cost or expense arising out ofany:
(l) Request, red
or others re-
move, co ize,
or ¡n any ef-
fects of, "pollutants"; or
COVERAGE C MEDICAL PAYMENTS
f. lnsuring Agreement
a. We will pay medical expenses as descr¡bed
below for "bodily injury' causecl by an accident:
(1) On premises you own or rent,
(2) On ways next to premises you own or rent;
or
(3) Because of your operations;
provided that:
(1) ïhe accident takes place in the .coveraqe
territonf and during the policy period;
(2) The expenses are incurred and repofted to
us within one year of the date of the accÈ
dent; and
(3) The injured person submits to examination,
at our expense, by physic¡ans of our choice
as often as we reasonably require.
cG 00 01 07 98 Copyright, Insurance SeMces Office, lnc., .l997 Page 5 of '13 D
b. s reoardless of
excıed the ap-
will pay reason-
{f) F¡rst aid administered at the time of an
accident;
(2) Necessary medical, surgical, x-ray and
dental services, includ¡ng prosthetic de-
vices; and
{3) Necessary ambulance, hospital, profes-
sional nursing and funeral services_
2. Exclusions
We will not pay expenses for "bodily injur¡/':
a. To any insured.
b. To a person hired to do work for or on behalf of
any insured or a tenant of any insured.
c. To a person injured on that part of premises
you own or rent that the person normally occu-
píes
d. To a person, whether or not an ',employee" of
any insured, if benefits for the "bodily injury,' are
payable or must be provided under a wod<ers,
compensafion or disability benefits law or a
sim¡lar law.
e. To a person injured while taking part ¡n athlet-
tcs.
f, lncluded within the "products-completed opera-
tions hazard".
g. Excluded under Coverage A.
h. Due to war, whether or not declared, or any act
or condition incident to war. War includes civil
war, insurrection, rebellion or revolution.
SUPPLEMENTARY PAYMENTS - COVERAGES A
AND B
1. We will pay, with respect to any claim we investi-
gate or settle, or any "suif' against an insured we
defend:
a. All expenses we ¡ncur.
b. Up to $250 for cost of bail bonds required be-
cause of accidents or traffic law violations aris-
ing out of the use of any vehicle to which the
Bodily Injury Liability Coverage appties. We do
not have to furnish lhese bonds.
c. The cost of bonds to release attachments, but
only for bond amounts within the applicable
lim¡t of insurance. We do not have tò fumish
these bonds.
d. All reasonable expenses incurred by the in-
sured at our request to assist us in the investi-
gat¡on or defense of the claim or ,suit',, ¡nclud-
ing actual :oss of earnings up to 9250 a day
because of time off fiom work_
Page 6 of 13
e. All costs taxed against the insured in the "suit,,-
f.
s. Al
th
fo
in
th
These payments will not reduce the limits of insur-
ance.
2. lf we defend an insured against a "suit. and an
indemnitee of the insured ¡s also named as a pady
to the "suit', we will defend that indemnitee if all oi
the following conditions are met:
a. The 'suit" aga¡nst the indemnitee seeks dam-
ages for which the insured has assumed the li-
ability of the ¡ndemn¡tee in a contract or agree-
ment that is an 'insured conhact";
b. This insurance appl¡es to such liability assumed
by the ¡nsured;
c. The obligation to defend, or the cost of the
defense of, that indemnitee, has also been as-
sumed by the insured in the same ',¡nsured
contract";
d. The allegations in the "suit, and the information
we know about the "occurrence" are such that
no conflict appears io exist between the inter-
ests of the insured and the interests of the in-
demnitee;
e. The indemnitee and the insured ask us to con-
duct and conirol the defense of fhat indemn¡tee
against such "suit' and agree that we can as-
sign the same counsel to defend the insured
and the indemn¡tee; and
f. The indemnitee:
(1) Agrees in writÍng to:
(a) Cooperate with us ¡n the investigation,
settlement or defense of the 'suit';
(b) lmmediately send us copies of any de-
mands, notices, summonses or legal
papers received in connection with the
"suit";
(c) Notify any other insurer whose coverage
is available to the indemnitee: and
(d) Cooperate w¡th us with respect to coor-
dinating other applicable insurance
available to the indemnitee; and
Copyrîght, lnsurance Services Ofiìce, lnc., 1997 cG 00 0l 07 s8
(2) Provides us w¡th wr¡tten authorizaiion to:
(a) Obtain records and other information
related to the "suit"; and
(b) Conduct and conirol the defense of the
indemnitee in such "su¡t".
So long as the above conditions are met, attor-
neys' fees ìncuned by us ¡n the defense of that in-
incurred
incurred
paid as
ing the
| - Cov-e Damage LÈa emed to bed rty damage,,a ce.
Our obligation to defend an insured,s indemnitee
and to pay for attorneys'fees and necessary litiga-
tron expenses as Supplementary Payments ends
when:
a. We have used up the applicable limit of ¡nsur-
ance in the payment of judgments or setfle-
ments: or
b. The conditions set forth above, or the ferms ofthe agreement described in paragraph f.
above, are no longer met.
SECTION II - WHO IS AN INSURED
l. lfyou are designated in the Declarations as:
a. An indiv¡dual, you and your spouse are insur-
eds, but only with respect to the conduct of a
business of which you are the sole owner.
b. A partnership or jo¡nt venture, you are an ¡n-
sured. Your members. your partners, and their
spouses aÍe also insureds, but only w¡th re-
spect to the conduct of your business.
c. A limited liability company, you are an ¡nsured.
YouÍ members are also insureds, but only with
respect to the conduct of your business. your
managers are insureds, but onlywith respect to
theìr duties as your managers.
d. An organization other than a partnership, joint
venture or limited liability company, you arè an
¡nsured. Your "executive officers. ãnd directors
are ¡nsureds, but only with respect to their du-
ties as your officers or directors. your stock-
holders are also insureds, buf onlv with respect
to their liability as stockholders.
Each of the following ls also an ¡nsured:
of your business. However, none of these ,,em-
ployees" ìs an insured for:
(1) "Bodily injur¡/' or "personal and advertising
inju¡/:
(a) To you, to your partners or members (if
you are a partnership or joint venture), to
your members (if you are a limited liabil-ity company), or to a colemployee"
wh¡le that co-"employee" is e¡ther in the
course of his or her employment or per-
forming duties related to tñe conduit of
your business;
(b) To the spouse, ch¡td, parent, brother or
sister of that co-'employee', as a conse-
quence of Paragraph (1)(a) above;
(c) For which there is any oþl¡gation to
share damages with or repay someone
else who must pay damages because of
the injury described in paragraphs (lXa)
or (b) above; or
(d) Arising out of his or her providing or
failing to provide professional héa[h
care sefvtces.
(2) "Property damage" to properly:
(a) Owned, occupied or used by,
(b) Rented to, in the care, custody or control
of, or over which physical conhol is be-
¡ng exercised for any purpose by
you, any of your "employees", any partner
or member (if you are a partnership or joint
venture), or any member (if you are a lim-
iled liab¡lity company).
b. Any person (other than your ,,employee,,), or
any organization while acting as your real e+
tate manager.
c. Any person or organization having proper tem-
pofary custody of your property if you die, butonlr
(1) With respect to liab¡lity ar¡sing out of fhe
maintenance or use of that property; and
(2) Until your legal represenlative has been
appointed
cG 00 0l 07 98 Copyright, lnsurance Services Ofiice, lnc., ,1997 Page 7 of 13
d. Your legal represeniative if you die, but only
w¡th respect to duties as such. Ihat representa-
tive will have all your rights and duties under
this Coverage Part.
3. With respect to "mobile equ¡pment" registered in
sured, but only w¡th respect to liabiliÇ arising out of
the operat¡on of the equipment, and only Ìf no other
insurance of any kind is available to that person or
organization for this liability. However, no person or
organization ¡s an insured with respect to:
a. "Bodily injur/'to a colemployee" of the person
dr¡ving the equ¡pment; or
b. "Property damage" to property owned by,
renled to, in the charge of or occup¡ed by you
or the employer of any person who ¡s an ¡n-
sured under this provision.
4. Any organization you nevly acqu¡re or form, other
than a partnership, joint venture or limited liability
company, and over which you maintain ownership
or majority ¡nterest, will qualify as a Named lnsured
if there is no other similar insurance availabte to
that organization. However:
a. Coverage under this provision is afforded only
until the 90th day afrer you acquire or form the
organization or the end of the polÌcy per¡od,
whichever is earlier;
b. Coverage ily injuqf or"property before you
acquired o ; and
c. Coverage B does nol apply to "personal and
advertising injuqf arising out of an offense
committed before you acquired or formed the
organization-
spect
, joint
hown
SECTION III - LIMITS OF INSURANCE
1. The Limits of fnsurance shown in the Declarations
and the rules below fix the most we will pay re-
gardless of the number ot
a. lnsureds;
b. Cla¡ms made or "suits" brought; or
c. Persons or organizations making claims or
bring¡ng "suits'_
2. The General Aggregate Limit is the most we will
payforthe sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except damages
begause of "bod¡ly ínjury'' or "property damage"
included in the''products-completed operatiıns
hazard''; and
c. Damages under Coverage B.
3. The Products-Completed Operations Aggregate
Limit is the most we will pay under Coverage A for
damages because of "bodify injur¡f and "þroperty
damage" included ¡n the ''products-completed op-
erations hazatd".
4. Subject to 2. above, the Personal and Advertising
Lnjgry L¡mÍt is the most we witl pay under Coveragè
B for the sum of all damages because of all ,,per-
sonal and advertising injuqf sustained by any one
person or organization.
5. Subject to 2. or 3. above, whichever applies, the
Each Occurrence Lim¡t is the most we will pay for
lhe sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bod¡ly ínjury" and "property dam-
age" arising out of any one "occurrence".
ô. Subject to 5. above, the Damage Io premises
Rented To You Limit is the most we will pay under
Coverage A for damages because of ,'þroperty
damage" to any one premises, while rented to you,
or ¡n the case of damage by fìre, while rented to
you or temporarily occup¡ed by you with permission
of the owner.
7. Subject to 5. above, the Medical Expense Limìt is
the most we will pay under Coverage C for all
medical expenses because of'bodily injury" sus-
lained by any one person.
The Limits of Jnsurance of this Coverage part apply
separately to each consecut¡ve annual period and to
any remaining period of less than 12 mónths, starling
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12
months. [n that case, the additional period w¡ll be
deemed part of the last preceding pèr¡od for purposes
of determining the Lim¡ts of Insurance.
PageSofl3 Copyright, lnsurance Seruices Office, lnc., 1997 cG 00 01 07 98
SECTION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS
L Bankruptcy
Bankruptcy or insolvency of the insured or of the
insured's estate will not relieve us of our obl¡ga-
tions under this Coverage part.
2. Duties ln The Event Of Occurrence, Offense,
Claim Or Suit
a. You must see to it that we are notified as soon
as practicable of an 'occurrence" or an offense
which may resull in a claim. To the extent pos_
sible, notice should include:
(1) Hoq when and where the',occurrence. or
offense took place;
(2) The names and addresses of any injured
persons and w'tnesses; and
(3) The nature and location of any injury or
damage arlsing out of the ',occúrreñcd" or
offense.
b. lf a claim is made or ',suit,' is brought against
any insured, you must:
(1) lmmediately record the specifics of the
claim or "su¡t" and the date rbceived; and
(2) Notify us as soon as practicable.
You must see to it that we receive written no_
tÌce of the claim or 'suit,' as soon as practica-
ble.
c. You and any other ¡nvolved Ìnsured must:
(1) lmmediately send us copies of any de-
mands, notices, summonses or legál pa_
pers received in connection with the cláim
or "suit";
(2) Authorize us to obtain records and other
informalion;
(3) Cooperate with us in the investigation or
settlement of the claim or defense against
the "suit"; and
(4) Assist us, upon our request, in the en_
forcemen-t of any right against any person or
organization which may be liablè to the in_
sured because of ¡njury or damage to which
this insurance may also apply.
d. No insured will, except at that insured,s own
cost, voluntarily make a payment, assume any
obligaiion, or ¡ncur any expènse, other than fo'r
first aid, without our consent.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. T9.ioj.! us. as a party or otheMise bring us inlo
a "su¡t" ask¡ng for damages from an ins-ured; or
b. To sue us on thìs Coverage pañ unless all of
its terms have been fully complied with.
A person or organization may sue us to recover on
and release of liability s¡gned by us, the insured
and the claimant or the claimanfis legal represen_
tative.
4. Other lnsurance
lf other valid and collectible insurance is available
to the ¡nsured for a loss we cover under Cover_
ages A or B ofth¡s Coverage part, our obl¡gat¡ons
are limited as follows:
a. Primary lnsurance
Iow
ga-
her
are
de-
b. Excess lnsurance
This insurance is excess over:
(fl Any of the other insurance, whether pr¡_
mary, excess, contingent or on any otheÍ
bas¡s:
(a) That is Fire, Extended Coverage,
Builder's R¡sk, lnstaÌlation Risk or simiar
coverage for ,'your work.:
(bl That is Fire insurance for premises
rented lo you or iemporarily ocóupied bv
you with permission of the owner;'
(c) ed by you to
ant for'prop-
rented to you
by you with
(d) lf the loss arises out of the maintenance
or use of aircraft, ',autos,' or watercraft to
the extent not subject to Exclusion g. of
Section I - Coverage A - Bodily lñjury
And Property Damage Liability.
(2) Any olher primary ¡nsurance available toyou covering liability for damages arisÌng
or¡t of the premises or operations for whicñyou have been added as an additional in_
sured by aftachment of an endorsement.
cG 00 01 07 98 Copyright, [nsurance Services Office, lnc., 1997 Page 9 of 13
When this insurance is excess, we w¡ll have no
duty under Coverages A or B to defend the in-
sured againsl any "suit" if any other insurer has
a duty to defend the insured aga¡nst that "suit".
lf no other insurer defends, we will undertake to
do so, but we will be entitled to the insured's
rights aga¡nst all those other insurers.
When this insurance is excess over other in-
surance, we will pay only our share of the
amount of the loss, ¡f any, that exceeds the
sum oi
(l) The total amount that all such other ¡nsur-
ance would pay for the loss in the absence
ofthis insurance; and
(2) The total of all deductible and self-¡nsured
amounts under all that other insurance.
We will share the remaining loss, if any, w¡th
any other insurance that is not described ¡n th¡s
Excess lnsurance provision and was not
bought specifically to apply in excess of the
Limits of lnsurance shown in the Declarations
of this Coverage Pad.
c. Method OfSharing
lf all of the other insurance permits contribution
by equal shares, we will follow this mehod
also Under this approach each insurer contrib-
utes equal amounts unt¡l it has paid its applica-
ble limit of insurance or none of the loss re-
mains, whichever comes first.
lf any of the other insurance does not permit
contr¡but¡on by equal shares, we will contribute
by l¡mits. Under this method, each insurer's
share is based on the rat¡o of its applicable limit
0f insurance to the total appl¡cable l¡mits of in-
surance of all insurers.
5. Premium Audit
a. We will compute all premiums for this Gover-
age Part in accordance w¡th our rules and
rates
b. Premium shovvn in this Coverage Part as ad-
vance premium is a deposit premium only. At
the close of each audit period we rvill compute
the earned premium for that period. Audit pre-
miums are due and payable on notice to the
f¡rst Named lnsured. lf the sum of the advance
and audit premiums paid for the pol¡cy per¡od is
greåter than the earned premium, we will relum
the excess !o the frst Named lnsured.
c. The first Named lnsured must keep records of
the ¡nformation we need for premium computa-
tion, and send us copies at such times as we
may request.
6. Representations
By accepting this policy. you agree:
a. The statements in the Declarations aÍe accu-
rate and complete;
b. Those statements are based upon representa-
tions you rnade to us; and
c. We have ¡ssued th¡s policy in reliance upon
your representations.
7. Separatìon Of lnsureds
Except with respeci to the Limits of lnsurance, and
any rights or duties specifically assîgned in this
Goverage Part to the first Named lnsured, this ¡n-
surance applies:
a. As Íf each Named lnsured were the only
Named lnsured; and
b. Separately to each insured against whom claim
is made or "suit' is brought.
8. Transfer Of Rights Of Recovery Against Others
To Us
lf the insured has rights to recover all or part of any
payment we have made under this Coverage Part,
those rights are transferred to us_ The insured
must do nothing after loss to impair them. At our
request, the insured will bring "suit" or transfer
those rights to us and help us enforce them.
9. When We Do Not Renew
lf we decide not to renew this Coverage part, we
wÌll ma¡l or deliver to ihe first Named lnsured
shown in ihe DeclaÍat¡ons written notice of the
nonrenewal not less than 30 days before the expi-
ration date.
lf notice is mailed, proof of mail¡ng will be sufficient
proof of notice.
SECTION V_ DEFINITIONS
'1. "Advert¡sement" means a notìce that is broadcast
or published to the general public or specific mar-
ket segmenfs about your goods, products or ser-
vices for the purpose of attracting customers or
supporters
2. "Auto" means a land motor vehicle, trailer or semi-tra on publ¡c roads, includingan or equ¡pment. But "auto,'do equipment".
3. bodily injury, sickness or
petson, ¡ncluding death re-
e at any t¡me.
4. "Coverage territory" means:
a. The Unîted States of America (including its
tenitories and possessions), Puerto Rico and
Canada;
Page 10 cf l3 Copyright, lnsurance Services Off¡ce, lnc., 1997 cG 00 01 07 98
b. lnternat¡onal waters or airspace, prov¡ded the
injury or damage does not occur in the course
of travel or transportation to or from any place
not included in a. above; or
c, All parts of the world if:
(1 l The injury or damage ar¡ses out of:
(a) Goods or products made or sold by you
in the tenitory descriÞed in a. above; or
(b) The activÌties of a person wlìose home ¡s
in the territory described in a. above, but
is away for a shol time on your busÈ
ness; and
(2! The insured's responsibility to pay damages
is determined in a "suît" on the mérits, in the
territory described in a. above or in a set-
tlement we agree to.
S."Employee' includes a "leased workef'. ',Employee,'
does not include a "temporary worker',.
ô. "Execut¡ve officef means a person holding any of
the officer positions created by your chartèr, Con-
siítution, bylaws ot' any other similar governíng
document-
7. "Hostile fire'' means one which becomes uncontrol-
lable or breaks oú from where it was iniended to
be.
8. "lmpaired propertf means tangible property, other
than ''your product" or "your wòrk',, ihai cañnot be
used or is less useful because:
a. It incorporates "your p[oduct" or "your work"
that ¡s known or thought to be defect¡ve, def-
cient, inadequate or dangerous; or
b. You have fa¡led to fulfill the terms of a contract
or agreemenl
if such property can be restored to use by:
a. The repair, replacement, adjustment or re-
moval of'!our producf' or'youl work"; or
b. Your fulfill¡ng the tems of the contract or
agreement.
9.'lnsured contract" means:
a. A contract for a lease of premises. However.
that portion of the conkact for a lease of prem-
ises that índemnifies any person or orgàniza-
tion for damage by fire to premíses wh¡le rented
to you or tempora[ily occupied by you with
permission of the owner is not an "insured con-
tract";
b. A sidetrack agreement;
c. Any easement or license agreement, except in
connection wîth construction or demoj¡t¡on op-
erations on or within 50 feet of a railroad:
d, An obligation, as required by ordinance, to
indemn¡fy a municipality, except in connection
with work for a muilicipality;
e. An elevator maintenance agreement;
f. That part
pertain¡ng
demnitical
with work
which you
party to pay for operty dam-
age" to a third tion. Tort lí-
ability means a be imposed
by law in the contráct or
agreement.
Paragraph f. does not include that part of any
contract or agreement:
(1)
beds, tunnel, underpass or crossing;
(2) That indemnifies an architect, engineer or
surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to pre-
pare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifi-
cations; or
(b) civ¡ng directions or instruct¡ons, or fa¡l-
ing to give them, if that is the prìmary
cause of the iniury or damage; or
(3) Under which the insured, if an architect,
englneer or surveyor, assumes liabil¡ty for
an ¡njury or damage arising out of thê in-
to render pro-
those listed in
.inspection, ar,
lo. by
en
:;
11."Loading or unloading" means the handling of
property:
a. After if is moved from the place where it is
accepted for movement into or onto an aircraft,
watercraft or "auto';
b. While it is in or on an aircraft, watercraft ortrauto": or
cG 00 01 07 98 Copyrþht, lnsurance Services Office, lnc.. 1997 Page 11 of 13
c. While it is being moved from an aircraft, Water-
craft or "auto" to the place where it ¡s finally de-
livered;
but "loading or unload¡ng" does not include the
movemenl of property by means of a mechanical
device, other than a hand truck, that is not at-
tached to the aircraft, watercraft or "auto,,.
12."Mobile equipment" means any of the foltowing
types ol land veh¡cles, ¡nclud¡ng any attached ma-
chinery or equipment:
a. Bulldozers, farm mach¡nery, forklifts and other
vehicles designed for use pr¡ncipally off public
roads;
b. Vehicles maintained for use solely on or next to
prem¡ses you own of renti
c. Vehicles thattravel on crawlertreads;
d. Vehicles, whether self-propelled or nol, main-
tained primarily to provide mobility lo perma-
nently mounted:
(l) Power cranes, shovels, loaders, diggers or
drills; or
(2) Road construction or resurfacing equipment
such as graders, scrapers or rollers;
e. Vehicles not descr¡bed in a., b., c. or d. above
that are nof self-propelled and are maintained
primarily to prov¡de mobility to permanenfly at-
lached equipment of the following þes:
(1) Air generators,inc ilding clean-ing lighting and
we
(2) Cherry pickers and similar devices used to
raise or lower workers;
f. Vehicles not described in a., b., c. or d. above
maintained primarily for purposes olher than
the transportation of persons or cargo.
However, self-propelled vehicles wÌth the fol-
lowing types of permanently aftached equip-
ment are not "mobile equipment', but wil¡ be
considered "autos":
(l) Equ¡pment designed primarily for:
(a) Sno\Mremoval;
(b) Road rnaintenance, but not construct¡on
or resurfacing; or
(c) Streetcleaning;
(2) Cherry pickers and similar devices mounted
on automobile or truck chass¡s and used to
raise or lowerworkers; and
(3) Air compressors, pumps and generators,incl building clean-ing: n, lightihg and
wel
13.''Occurrence" means an accident, including con-
tinuous or repeated exposure to substantially the
same general harmful conditions.
14. "Personal and advertising ¡njury' means injury,
¡ncluding consequentíal "bodily injury,', arising out
of one or more of the following offenses:
a. False arrest, detent¡on or ìmpr¡sonment;
b. Mal¡cious prosecution;
c. ion from, wrongful entry into,
right of private occupancy of
r premises that a person oc-
by or on behalf of its owner,
d. Oral or written publicatÌon of material that slan-
ders or libels a person or organ¡zat¡on or d¡s-
parages a person's or organization's goods,
products or services;
e. Oral or wr¡tten publ¡cation of mater¡al that v¡o-
lates a person's right of pr¡vacy;
f. The use of anothels advertising idea ¡n your
"advertisement"; or
g. lnfringlng upon another's copyright, trade dress
or slogan in your "adveÍt¡sement.-
l5."Pollutants" mean any solid, liquid, gaseous or
thermal irritant or corítaminant, inclûdÏng smoke,
vapor, soot, fumes, acids, alkalis, chemicals and
waste. Waste ¡ncludes materials to be recycled,
recondit¡oned or reclaimed.
1 6. "Products-completed operations hazard.:
a. lncludes all "bodily injunf and "property dam-
age' occurring away from premises you own oÍ
rent .and arising out of "!our product,, or ,!our
work" except:
(1) Products that are still in your physical pos-
sessíon; or
(2) Work fhat has not yet been completed or
abandoned. However, "your worK, will be
deemed completed at the earliest of the fol-
lowing times:
(a) When all of the work called for in your
conhact has been completed.
(b) When all of the wod< to be done at thejob s¡te has been completed if your con-
tract calls for work at more fhan one job
site.
(c) When that part of the work done at a job
site has been put to its intended use by
any person or organization other than
another contractor or subcontractor
working on the same project.
Work that may need service, maintenance,
correction, repair or replacement, but which
is otherwise complete, will be treated as
completed.
Page f2 of l3 Copyright, lnsurance Services Office, lnc, 1997 cG 00 01 07 98
b. Does nof include 'bodily injury', or ,,property
damage" arising out of:
(1) The transportation of property, unless the
injury or damage arises out of a condition in
or on a vehicle not owned or oÞerated bv
you, and lhat condition was creáted bv thé
"loading or unloading,' of that vehicle by any
insured;
(2) The existence of tools, uninstalled equip-
ment or abandoned or unused materials; or
(3) Products or operations for which the classi-
rations or in a pol-
that products-
e subject to the
1 T. "Property damage" means:
a. Physical injury to tangible property, including all
resulting loss of use of that property. All such
loss of use shall be deemed tó oicur at the
time of the physical injury that caused ìt; or
b. Loss. of use of tang¡ble property that is not
physically injured. All such loss of use shall be
deemed to occur at the t¡me of the .occur-
rence'lhat caused it.
18. procee gesinjury", ' or
rt¡sing i ín_
alleged
a. An arbitration proceeding in which such dam_
ages are claimed and to wh¡ch fhe insured
must submil or does submit with our consent:
or
b. Any other alternative dispute resolution pro-
ceeding in which such damages a¡e claimed
and to wh¡ch the ¡nsured submits with our con-
sent-
f 9."Temporary worker" means a person who is fur-
nished to you to subslitute for-a permanent "em-
ployee" on leave or to meet seasonal or short-term
workload condiiions-
20. "Your product" means:
a. Any goods or products, olher than real prop_
erty, manufactured, sold, handled, distr¡òutéd
or disposed of bf
(l) You;
(2) Others trading under your name; or
(3) A person or organization whose business or
assets you have acquired; and
b. Containers (other than vehicles), materials,
parts or equipmentfurnished in connection with
such goods or products.
"Your product" includes:
a. made at any
qual¡ty, durabil-
product"; and
b. The prwìding of or faìlure to provide warnings
or instruct¡ons.
'Your product" does not include vending machines
or olher property rented to or located foithe use of
others but not sold.
21.'Your work" means:
a. Work or operalions performed by you or onyour behalf; and
b. Mater¡als, parts or equ¡pmentfurnÌshed ¡n con_
nection with such work or operations.
'Your work" includes:
a. made at any
quality, durabil-
work-; and
b. The prov¡d¡ng of or fa¡lure to provide warn¡ngs
or ¡nstructions.
cG €0 û1 07 98 Copyright, fnsurance Services Offìce, lnc., .,l997 Page 13 of 13
HEFFERNAN TNSURÄNCE BROKERS1350 CARLBACK AVE. STE 2OO
WALNUT CREEK, CA 94595
CITY OF FRESNOc/o crry MANAGERS oFFrcEATTN: GREGORY BARFIELD
RM 2097
25OO FRESNO ST
FRESNO CA 9372]--3620
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
YES*NO
I Are you currently in litigation with the City of Fresno or any of its
agents?
n tr
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
n E
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
n E
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
E n
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?n 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?n E
* lf the answer to any question is yes, please explain in full below.
Explanation: Fresno EOC LCC Contracts
with City's Park & Recreation to
perform Landscape/Mai ntenance/Adopt
A Parks
! Additional page(s) attached.
6-t3 -/q
Date
Fresno County Economic
Opportunities Commission
1920 Mariposa Mall Suite 300
Fresno CA93721
PRC 1.0/10-07-04