HomeMy WebLinkAboutFCEOC - N St Shelter - 2011AGREEMENT TO PROVIDE EMERGENCY SIiELTER SERVICES
This Agreement to Provide Emergency Shelter Services, hereinafter referred to
as the "Agreement", is made and effective July 1, 2011, by and between the City of
Fresno, a municipal corporation, acting through its Housing & Community Development
Division, hereinafter referred to as the "City", and Fresno County Economic
Opportunities Commission, a California nonprofit corporation qualified to do business in
good standing in the State of California, hereinafter referred to as the "Provider".
RECITALS
WHEREAS, in accordance with and in pursuit of the Emergency Shelter Grants
program contained in subtitle B of title IV of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11371-1 1378) and implementing federal regulations, policies
and guidelines including without limitation Code of Federal Regulations Title 24,
hereinafter referred to as the "Act', incorporated herein and available from City, the
U.S. Department of Housing and Urban Development, hereinafter HUD, makes
available Emergency Shelter Grant funding, hereinafter referred to as "ESG Funding",
to eligible HUD recipients, for the rehabilitation or conversion of buildings for use as
emergency shelter for the homeless, for the payment of certain operating expenses anc
essential services in connection with emergency shelters for the homeless, and for
homeless prevention activities, in order to enable homeless individuals and families to
move toward independent living, and preventing homelessness, hereinafter referred
collectively referred to as the "Services"; and
WHEREAS, City is an eligible HUD recipient and has adopted a Consolidated
Plan ("Plan") that identifies a need to provide assistance to the homeless and an
Annual Action Plan that provided ESG Funding for the Services; and
WHEREAS, during the term hereof City anticipates receipt and allocation of ESG
Funding, which Funding shall be the sole source of funding for the Services hereunder;
and
WHEREAS, City desires to obtain from Provider, and Provider desires to provide
to City, in full compliance with the Act and all other applicable federal, state and local
laws, rules and regulations, the Services more specifically described in section 2 of this
Agreement; and
WHEREAS, Provider, variously engaged in the business of providing the
Services and/or comparable services, and is fully competent, authorized, and able to
enter into this Agreement and perform the Services, holding any and all implicated
licenses, permits and/or approvals; and
WHEREAS, Provider does and shall provide such Services on a contract basis,
as an independent contractor, possessed of and exercising the complete right to control
the means of accomplishing said Services; and
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WHEREAS, performance of the Services by Provider will be of benefit to the City
and in the public interest.
NOW THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual promises herein contained, and for other good and
valuable consideration hereby acknowledged, the parties agree as follows:
AGREEMENT
1. Term.
1.1 The term of this Agreement and the ESG Funding grant hereunder shall be for the
period commencing on the date first set forth above and ending on June 30, 2012,
unless terminated earlier as herein below provided.
2. Scone of Work. Provider agrees to perform the following Services.
2.1 Provide the following services (i) through (v) related to Provider's externally funded
administration, management and operation of (an) emergency shelter(s) that at all
times hereunder shall provide in the aggregate a minimum of 500 one night shelter
units/quarter and a minimum of 2,875 meals units/quarter, to total 2,000 one night
shelter units and 11,500 meal units during the entire term of the Agreement, to
homeless individuals and others in need of said Services:
(i) Utilities;
(ii) Insurance;
(iii) Maintenance and repair activities;
(iv) Third party provided pest control, alarm/security/guard and laundry
services, and such other third party provided services as may be
prior approved City; and
(v) Security systems
2.2 Upon the written request of Provider demonstrating changed circumstances beyond
the reasonable control of the Provider, City in its absolute discretion, may authorize
deviations from above section 2.1, in the form of a written addendum hereto.
2.3 The program(s) to be provided by Provider under this Agreement are identified as:
Shelter and meal services
2.4 Provider agrees to provide the meals and shelter to homeless individuals at the
following locations: 1545 "N" Street, Fresno CA 9372.1.
The City in its absolute discretion may approve in writing additional locations where
ESG funds may be used to support the above listed program(s) being provided by the
Provider.
3, City's Disbursement of ESG Funding to Provider.
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3.1 City shall use ESG Funding to reimburse Provider, in arrears upon Provider's
satisfactory performance of section 2.1 (i -v) Services hereunder, in a sum not to exceed
in the aggregate Forty Nine Thousand, Two Hundred Ninety Five Dollars ($49,295.00)
during the term hereof, according to the following schedule:
3.1.1 Upon invoice to City, payable in City's normal course of business, provided that
ESG Funding disbursements hereunder shall not exceed the base sum of Twelve
Thousand, Three Hundred, Twenty Three Dollars and Seventy Five Cents ($12,323.75)
in any quarter, adjusted for service unit shortfall as provided in this section 3.1.1, absent
the written consent of the City upon unusual circumstances supported by vendor, and
further provided that City's receipt of paid invoices, supporting accounts and records
together with documentation for matching funds and the Homeless Services Report,
hereto as Exhibit "A", incorporated herein, for each preceding three (3) month period
shall all be express conditions precedent to any payment obligation in City. If provider
fails to achieve the Section 2.1 minimum service units in any quarter (after crediting
Provider with the total surplus units accrued from prior quarter(s), if any), and without
limitation or waiver of other rights/remedies available to City, the City may withhold from
that quarterly disbursement a non-interest earning sum representing the percentage
service unit shortfall. Sums withheld will be paid with the next due quarterly
disbursement if Provider demonstrates to the City's satisfaction that the shortfall has
been made up. If the entire shortfall is not made up by the end of the term of this
Agreement, the aggregate withheld amount shall be forfeited by Provider and shall
revert to City's ESG Funding accounts free of any obligation under this Agreement.
3.2 Except to the extent expressly provided for herein, all costs/expenses incurred by
Provider hereunder shall be the sole responsibility and liability of Provider.
3.3 All funds are paid contingent upon Provider's continuous compliance with all
applicable, uniform administrative requirements, program regulations, recapture and
reversion requirements, set out in the Act. Any unearned or recaptured ESG Funding
shall be returned to the City within thirty (30) days of the earlier of termination of this
Agreement or determination of recapture. Any interest earned or received by Provider
thereon shall be promptly remitted to the City.
3.4 Provider acknowledges and agrees that the ESG Funding hereunder is subject to
the control of HUD and may be encumbered, withdrawn, or otherwise made unavailable
to the City (whether earned or promised to, or by, the Provider). The Provider shall not
be paid such funds unless and until they are made available for payment to the City by
HUD, No other funds owned or controlled by the City shall be obligated under this
Agreement unless specifically approved and permitted by the Fresno City Council.
Nothing herein constitutes a pledging or obligating of City funds, it's General Fund, or
any real and personal property taxes, sales taxes or any other tax revenues. Should
sufficient funds not be appropriated, the Services provided may be modified, or this
Agreement terminated, at any time by the City as provided in section 9 below.
3.5 All Provider invoices and substantiating materials supporting the final payment must
be received within forty-five (45) calendar days following the end of the City fiscal year
in which earned unless the City gives its written consent otherwise.
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4. Matchin Funds Requirements of Provider.
4.1 Provider 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. Provider shall
determine the value of donated material or building space using a method based on fair
market value. Other Federal funds may be used as matching funds unless expressly
prohibited by law or contract. Unless otherwise provided by applicable law or contract,
matching funds shall be applied in furtherance of the Services.
5. Disposition of Program Income.
5.1 Absent the City's written consent, any program income generated hereunder shall
be used to reduce the City's reimbursement obligations hereunder, or in the absence
thereof promptly remitted entirely to the City.
5.2 "Program income" for the specific purpose of this Agreement shall be as defined in
the Act. Unless otherwise provided for in the Act, program income shall include any
and all gross income earned by or accruing to Provider in its pursuit hereof provided
that the term program income does not include rebates, credits, discounts or refunds
realized by Provider in its pursuit hereof.
6. Use of funds.
6.1 The Provider shall use the funds provided by the City solely for the purpose of
providing services related to Provider's externally funded administration, management
and operation of (an) emergency shelter.
7. Availability of ESG Funding.
7.1 Provider acknowledges and agrees that the ESG Funding hereunder is subject to
the control of HUD and may be encumbered, withdrawn, or otherwise made unavailable
to the City (whether earned or promised to, or by, the Provider). The Provider shall not
be paid such funds unless and until they are made available for payment to the City by
HUD. No other funds owned or controlled by the City shall be obligated under this
Agreement unless specifically approved and permitted by the Fresno City Council.
Nothing herein constitutes a pledging or obligating of City funds, it's General Fund, or
any real and personal property taxes, sales taxes or any other tax revenues.
8. Default.
8.1 The parties agree that each of the following shall constitute an "Event of Default" for
purposes of this Agreement:
8.1.1 Provider's use of ESG Funding for other than in pursuit of the Services.
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8.1.2 Provider's failure to obtain and maintain the insurance coverage required under
this Agreement.
8.1.3 Except as otherwise provided in this Agreement, the failure of Provider to
punctually and properly perform any other covenant or agreement contained in this
Agreement including without limitation the following:
(i) Any representation, warranty, or certificate given or furnished by or on behalf
of Provider shall prove to be materially false as of the date of which the representation,
warranty, or certification was given, or that Provider concealed or failed to disclose a
material fact to City, provided, however, that if any representation, warranty, or
certification that proves to be materially false is due merely to Provider's inadvertence,
Provider shall have a thirty (30) day opportunity after written notice thereof to cause
such representation, warranty, or certification to be true and complete in every respect.
(ii) Provider filing, or having 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.
(iii) Provider's failure, inability or admission in writing of its inability to pay its
debts as they become due or Provider's assignment for the benefit of creditors.
(iv) A receiver, trustee, or liquidator being appointed for Provider or any
substantial part of Provider's assets or properties, and not removed within ten (10)
days.
(v) Provider's failure to provide the minimum and total service units set out in
Section 2.1 of this agreement.
(vi) Provider's breach of any other material condition, covenant, warranty,
promise or representation contained in this Agreement not otherwise identified within
this section 8.
8.2 City shall give written notice to Provider of any 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 any action to cure is possible, and (3) 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,
Provider shall have an additional thirty (30) days to remedy such failure so long as
Provider is diligently and in good faith pursuing such remedy.
8.3 Upon the happening of an Event of Default by Provider and a failure to cure said
Event of Default within the time specified in the notice of Event of Default, City's
obligation to disburse ESG Funding shall terminate, and City may also at its option and
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without notice institute any action, suit, or other proceeding in law, in equity or
otherwise, which it shall deem necessary or proper for the protection of its interests and
may without limitation proceed with any or all of the following remedies in any order or
combination City may choose in its sole discretion:
8.3.1 Terminate this Agreement immediately upon written notice to Provider, in which
event all unearned and improperly applied ESG Funds disbursed to Provider by City
shall be returned to/recaptured by City;
8.3.2 Bring an action in equitable relief (1) seeking specific performance by Provider of
the terms and conditions of this Agreement, and/or (2) enjoining, abating or preventing
any violation of said terms and conditions, and/or (3) seeking declaratory relief;
8.3.3 Pursue any other remedy allowed at law or in equity or under this Agreement
9. Termination
9.1 This Agreement shall terminate upon the earlier of: notice by City of non-
availability/non-appropriation of ESG Funding; notice of uncured Event of Default; or
expiration. Any such termination shall not relieve a party of obligations due and owing
at the time of termination.
9.2 Immediately upon any termination hereof Provider shall return to City any and all
unearned payments (including all interest, accruals and gains thereon) and all
properties and materials in the possession of Provider at the time of termination that are
owned by the City.
9.3 In the event of termination due to failure of Provider of any of its employees to
substantially perform in accordance with the terms of this Agreement, City may withhold
an amount that would otherwise be payable as an offset to, but not in excess of, City's
damages caused by such failure.
9.4 In the event of any termination of this Agreement, either party may exercise any
right, remedy (in law or equity), or privilege which may be available to it under this
Agreement and applicable laws of the State of California or any other applicable law.
No remedy or election hereunder shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity.
9.5 Notwithstanding the foregoing and without waiver or limitation, in accordance with
the Act including 24 CFR 85.43, suspension or termination of this Agreement may
occur if the Provider materially fails to comply with any term hereof, and the ESG
Funding may be terminated for convenience in accordance with 24 GFR 85.44.
9.6 Those provisions of this Agreement expressly surviving the termination of this
Agreement shall so survive.
10. On Site Monitoring.
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10.1 Authorized representatives of HUD and/or the City shall have the right to monitor
the Provider's performance under this Agreement. Such monitoring may include
inspection activities, review of records, and attendance at meetings:
10.1.1 City shall monitor the services and performance of Provider under this
Agreement in order to determine to the best possible degree to which the program is
successful and whether Provider's performance is in conformance with this Agreement.
Provider shall reasonably make its facilities, books, records, reports and accounts
available for City's inspection in pursuit hereof.
10.1.2 This section 10 shall survive termination or expiration of this Agreement
11. Records, Reports, Inspection and Audit.
11.1 Provider shall be accountable to HUD and the City for all ESG Funding disbursed
to Provider pursuant to the Agreement. HUD and the City shall have the right at all
reasonable times to inspect or perform an audit, in accordance with this Section 11, of
Provider's books, records and other documents pertaining to the Services or this
Agreement and for up to five (5) years after the expiration or termination of this
Agreement. Provider will maintain separate and segregated books and records for the
Services using generally accepted accounting principles. Provider agrees to maintain
books, records and other documents that accurately and fully show the date, amount,
purpose and payee of all expenditures reimbursed from ESG Funding and to keep all
invoices, receipts and other documents related to expenditures reimbursed from ESG
Funding for not less than five (5) years after the expiration or earlier termination of the
Agreement. Books, records and other documents must be kept accurate and current.
For purposes of this section, "books, records and documents" include, without
limitation, plans, drawings, specifications, ledgers, journals, statements, contracts
agreements, funding information, purchase orders, invoices, loan documents, computer
printouts, correspondence, memoranda and electronically stored versions of the
foregoing:
11.1.1 Provider agree to 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 $500,000), and to such
extent shall submit to the City any applicable auditor's reports and audited financial
statements no later than three (3) months after the Provider's fiscal year end,
11.2 Provider shall comply with applicable portions of 24 CFR Part 110 "Uniform
Administrative Requirements for Grants and Other Agreements with Institutions of
Higher Education, Hospitals, and Other Non -Profit Organizations".
11.3 Provider shall be responsible for determining the applicability of the foregoing
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11.4 All costs shall be supported by properly executed payrolls, time records, invoices,
contracts, vouchers, orders, or other accounting documents pertaining in whole or in
part to this Agreement, and they shall be clearly identified and readily accessible.
11.5 Provider, at such times and in such forms as City and HUD may require, shall
furnish to City and HUD such statements, records, reports, data, annual reports,
performance reports and information, as City may reasonably request, pertaining to
matters covered by this Agreement.
11.6 Provider is to prepare written financial statements, and completed Homeless
Services Reports, each in the form attached hereto as Exhibit "A", incorporated herein,
each covering matters pertaining to the Services, 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.
11.7 Any duly authorized representative of HUD and City shall, at all reasonable times,
have access to and the right to inspect, copy, audit, and examine all books of account,
records, and other documents of Provider relating to the Services for a period of five (5)
years after the expiration or termination hereof. Provider shall cooperate fully with HUD
and City in connection with any interim or final audit relating to the ESG Funding and
the Services.
11.8 The Provider 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.
11.9 The Provider is required to collect and report client -level data in a database
comparable to the local HMIS run by the Housing Authorities of the City and County of
Fresno through a Memorandum of Understanding with the FMCoC or a data base that
complies with any special requirements which may be developed by HUD for legal
services or domestic violence victim service providers 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 Provider and used to collect data and
report on outputs and outcomes as required by HUD. Provider is required to enter all
client intakes, provide regular updates and exit all clients once services are completed.
As applicable, Provider 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
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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) Personal Identification Number
15) Household Identification Number
16) Income 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)
11.10 City shall provide full reporting requirements as required by I -IUD, under separate
documentation for all providers. If Provider is a legal services or domestic violence
victim services provider, 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 to the CITY as required). Provider 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.
11.11 All data elements specified above in 11.9 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.
11.12 The Provider 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.
11.13 This section 11 shall survive termination or expiration of this Agreement.
12. Other Federal Requirements.
12.1 Provider warrants, covenants and agrees, for itself and its contractors and
subcontractors of all tiers, that it shall comply with all applicable requirements of the
Lead -Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35
and 24 CFR 982.4010). In this regard Provider shall be responsible for all inspection,
testing and abatement activities.
12.1.1 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
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1992 (42 U.S.C. 4851-4856) and implementing regulations at 24 CFR Part 35. In
addition, the following requirements relating to inspection and abatement of defective
lead-based paint surfaces must be satisfied: (1) Treatment of defective paint surfaces
must be performed before final inspection and approval of the renovation, rehabilitation
or conversion activity under this part; and (2) Appropriate action must be taken to
protect shelter occupants from the hazards associated with lead-based paint abatement
procedures.
12.2 The Provider agrees to comply with all applicable requirements of Section 504 of
the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD implementing
regulation 24 CFR Part 8.
12.3 Provider agrees to comply with the Federal requirements set forth in 24 CFR Part
5, except as explicitly modified below, and use of emergency shelter grant amounts
must comply with the following requirements: (a) Nondiscrimination and equal
opportunity. The nondiscrimination and equal opportunity requirements at 24 CFR Part
5 are modified as follows:
12.3.1 Rehabilitation Act requirements. HUD's regulations at 24 CFR Part 8 implement
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended. For
purposes of the emergency shelter grants program, the term "dwelling units" in 24 CFR
Part 8 shall include sleeping accommodations.
12.3.2 Provider shall make known that use of the facilities and Services is available to
all on a nondiscriminatory basis. If the procedures that the Provider 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 Provider must establish
additional procedures that will ensure that such persons are made aware of the facilities
and Services. The Provider 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.
12.3.3 The Provider shall be responsible for complying with the policies, guidelines, and
requirements of 24 CFR Part 85 (codified pursuant to OMB Circular No. A-102) and
OMB Circular No. A-87, as they relate to the acceptance and use of ESG Funding by
City, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency
shelter grant amounts by private nonprofit organizations.
12.4 The Provider 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 Provider shall verify with the Labor
Relations and Equal Opportunity Division of the U.S. Department of Housing & Urban
Development (HUD) Area Office that the low bidder has not been debarred or
suspended from participating in federal projects.
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12.5 Provider 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, Provider
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, Provider 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.
12.6 Provider 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. Provider agrees that, if City has reasonable grounds
to suspect any such violation, Provider shall be entitled to thirty (30) days notice and
opportunity to cure such violation. If the suspected violation is not cured, City shall
have the right to retain an independent consultant to inspect and test the subject
facilities for such violation. If a violation is discovered, Provider shall pay for the cost of
the independent consultant.
12.7 The OMB Circulars referenced in this Agreement are available at the Entitlement
Cities Division, Room 7282, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 20410.
13, Relocation,
13.1 Provider 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.
13.2 A displaced person must be provided relocation assistance at the levels described
in, and in accordance with, 49 CFR Part 24, which contains the government -wide
regulations implementing the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
14, Further Assurances.
14.1 This Agreement, when executed and delivered, shall constitute the legal, valid,
and binding obligations of Provider enforceable against Provider 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.
14.2 Provider represents and warrants as of the date hereof that Provider has obtained
and, to the best of Provider's knowledge, is in compliance with all federal, state, and
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local governmental reviews, consents, authorizations, approvals, and licenses presently
required by law to be obtained by Provider for the Services as of the date hereof.
14.3 In the performance of this Agreement, Provider 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.
14.4 Provider shall be solely responsible and liable for any recapture or repayment
obligation imposed by HUD due to any act or omission of Provider in pursuit hereof.
14.5 Provider acknowledges that Provider, not the City, is responsible for determining
applicability of and compliance with the Act and all other applicable local, state, and
federal laws including, but not limited to, any applicable provisions of the California
Labor Code, Public Contract Code, and Government Code. The City makes no express
or implied representation as to the applicability or inapplicability of any such laws to this
Agreement or to the parties' respective rights or obligations hereunder including, but not
limited to, competitive bidding, prevailing wage subcontractor listing, or similar or
different matters. Provider further acknowledges that the City shall not be liable or
responsible at law or in equity for any failure by Provider 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 Provider of the need for such
compliance.
14.6 Provider 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, Provider agrees as
follows:
14.6.1 Provider 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.
14,6.2 Provider 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, status as a disabled veteran or veteran of the Vietnam
era, medical condition, or physical or mental disability. Provider 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
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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. Provider agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
14.6.3 Provider will, in all solicitations or advertisements for employees placed by or on
behalf of Provider, 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 Vietnarn era, medical condition, or physical or mental disability.
14.6.4 Provider 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 Provider's commitment under
this section 14 and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
15. Insurance.
15.1 Throughout the life of this Agreement, the Provider shall pay for and maintain in
full force and effect all policies of insurance required hereunder with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner to do
business in the State of California and rated not less than "A -VII" in Best's Insurance
Rating Guide; or (ii) authorized by the City's Risk Manager. 'T'he following policies of
insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as
the most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01 and include insurance for "bodily injury," "property
damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non -owned equipment), products and
completed operations, and contractual liability (including, without limitation, indemnity
obligations under the Contract) with limits of liability of not less than $1,000,000 per
occurrence for bodily injury and property damage, $1,000,000 per occurrence for
personal and advertising injury, $2,000,000 per occurrence for products and completed
operations, $2,000,000 aggregate for products and completed operations and
$2,000,000 general aggregate
(ii) COMMERCIAL AUTOMOBILE LIABILITY: Insurance which shall be at least
as broad as the most current version of Insurance Services Office (ISO) Business Auto
Coverage f=orm CA 00 01 and shall include coverage for all owned, hired, and non -
owned automobiles or other licensed vehicles (Code 1 - Any Auto), with combined
single limits of liability of not less than $1,000,000 per accident for bodily injury and
property damage.
LOC "N" Street FYI 2 LSG Agreement Page 13 of 21
(iii) WORKERS' COMPENSATION insurance as required under the California
Labor Code.
(iv) EMPLOYERS' LIABILITY with minimum limits of liability of not less than
$1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each
employee.
15.2 Provider shall be responsible for payment of any deductibles contained in any
insurance policies required hereunder and Provider 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) Provider 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.
15.3 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
thirty (30) calendar day written notice 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, Provider shall furnish City with a new certificate and applicable endorsements
for such policy(ies). In the event any policy is due to expire during the work to be
performed for City, Provider shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen (15) calendar days prior to the
expiration date of the expiring policy.
15.4 The General Liability and Automobile Liability insurance policies shall be written on
an occurrence form and shall name the City of Fresno, its officers, officials, agents,
employees and volunteers as an additional insured. Such policy(ies) of insurance shall
be endorsed so the Provider's insurance shall be primary and no contribution shall be
required of City. The Workers' Compensation insurance policy shall contain a waiver of
subrogation as to City, its officers, officials, agents, employees and volunteers.
15.5 Provider 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. Upon request of City,
Provider shall immediately furnish City with a complete copy of any insurance policy
required under this Contract, 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.
15.6 The fact that insurance is obtained by Provider shall not be deemed to release or
diminish the liability of Provider including without limitation, liability under the indemnity
EOC "N" Street FYI ESO Agreement Page 14 of 21
provisions of this Agreement. The duty to indemnify City, its officers, officials, agents,
employees and volunteers, 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 Provider. Approval or purchase of any
insurance contracts or policies shall in no way relief from liability nor limit the liability of
Provider, its principals, officers, agents, employees, persons under the supervision of
Provider, vendors, suppliers, invitees, subcontractors, consultants or anyone employed
directly or indirectly by any of them.
15.7 If at any time during the life of the Agreement or any extension, the Provider fails to
maintain the required insurance in full force and effect, all work under this Agreement shall
be discontinued immediately, and all payments due or that become due to the Provider
shall be withheld until notice is received by the City that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a
period satisfactory to the City. Any failure to maintain the required insurance shall be
sufficient cause for the City to terminate this Agreement. No action taken by City
hereunder shall in any way relieve Provider of its responsibilities under this Agreement.
15.8 If the Provider should subcontract all or any portion of the work to be performed
under this Agreement, the Provider shall require each subcontract to provide insurance
protection in favor of the City, its officers, officials, employees, agents and volunteers in
accordance with the terms of each of the preceding paragraphs except that the
subcontractors' certificates and endorsements shall be on file with the Provider and City
prior to the commencement of any work by the subcontractor.
16. Subcontracts.
16.1 The Provider shall not enter into subcontracts for any work contemplated under
the Agreement without first obtaining the City's written approval.
17. Indemnity.
17.1 The Provider shall indemnify, hold harmless and defend the City and each of its
officers, officials, employees, agents and volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property
damage) incurred by the City, the Provider or any other person, and from any and all
claims, demands and actions in law or equity (including attorney's fees and litigation
expenses), arising or alleged to have arisen directly or indirectly out of the performance
of this Agreement. The Provider's obligations under the preceding sentence shall apply
regardless of whether the City or any of its officers, officials, employees, agents or
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused solely by the gross negligence, or caused by the
willful misconduct, of City or any of its officers, officials, employees, agents or
volunteers.
SOC "N" Street FYI ESG Agreement Page 15 of 21
17.1.1 If the Provider should subcontract all or any portion of the work to be performed
under this Agreement, the Provider shall require each subcontractor to indemnify, hold
harmless and defend the City and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraph.
17.1.2 This section 17 shall survive termination or expiration of this Agreement.
18. Conflict of Interest.
18.1 Prior to City's execution of this Agreement, Provider shall complete a City of
Fresno Conflict of Interest Disclosure Statement. Said statement is attached hereto as
Exhibit "B" and incorporated herein by reference. During the term of this Agreement,
Provider shall have the obligation and duty to immediately notify City in writing of any
change to the information provided by Provider on Exhibit "B".
18.2 No member, officer, or employee of the Provider or its designees or agents who
exercise any function or responsibility with respect to the program during his/her tenure
or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract
or subcontract, or the proceeds thereof, for Services to be performed in connection with
this Agreement. The Provider shall incorporate, or cause to be incorporated, in all
contracts and subcontracts a provision prohibiting such interest pursuant to the
purposes of this section 18.
18.3 Provider 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 commission, board, committee, or
similar City body. This requirement may be waived by the City's Chief Administrative
Officer if no actual or potential conflict is involved.
18.4 Provider shall comply with all applicable laws, rules, regulations and requirements
governing avoidance of impermissible conflicts, including without limitation the
requirements of California (Government Code Section 1090 et, seq.) the California
Political Reform Act (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.).
18.5 Provider represents and warrants that as of the effective date hereof, it represents
no client or customer whose interests are adverse to the City's.
18.6 This section 18 shall survive expiration or termination of this Agreement
19. Amendment.
19.1 This Agreement may not be amended or otherwise modified in anyway
whatsoever, except in writing signed by the parties and added as an addendum hereto.
20. Assignment.
EOC "N" Street FYI ISG Agree lent Page 16 of 21
20.1 This Agreement is personal to the Provider, non -transferable and shall be valid
only for the herein above named Provider. The Provider may not and shall not, at any
time, sell, transfer, or assign this Agreement, in whole or part, and Provider may not
and shall not assign the payment of any monies due to be paid to it by City under the
terms of this Agreement to any other individual(s), corporation(s), or entity(ies)
whomsoever (it being mutually clearly understood and expressly agreed that City shall
have the right to pay and shall pay any and all monies due Provider hereunder directly
to Provider), absent the written consent of the City.
21, Severability.
21.1 The provisions of this Agreement are severable. The invalidity or unenforceability
of any one provision in this Agreement shall not affect the other provisions.
22. Independent Contractor,
22.1 In the furnishing of the services required by this Agreement, Provider and City
agree that Provider is an independent contractor and no employer/employee
relationship shall in any way whatsoever be deemed to exist between the parties
hereto, and that any provisions in this Agreement which may appear to give City the
right to direct Provider as to the details of the doing of any work to be performed by
Provider hereunder, or to exercise a measure of control over said work, shall be
deemed to mean, and shall mean, that Provider shall follow the desires of City in the
results of the work only and not in the means whereby said work is to be accomplished,
and that Provider shall use its own discretion and shall have complete and authoritative
control over the work and as to the details of the doing of the work. It is expressly
agreed that City's exercise of inspection and control of the work being performed, as is
necessary to accomplish the foregoing, shall in no case be construed as controlling the
performance of the work of Provider in such a manner as to sever the independent
contractor relationship.
23. Attorney's Fees.
23.1 If either party is required to commence any proceeding or legal action to enforce
or interpret any term or 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. For the purpose of this agreement,
"attorneys' fees" and "legal expenses" include, without limitation, paralegals' fees and
expenses, attorneys, consultants fees and expenses, expert witness fees and
expenses, and all other expenses incurred by the prevailing party's attorneys in the
course of the representation of the prevailing party in anticipation of and/or during the
course of litigation, whether or not otherwise recoverable as "attorneys' fees" or as
"cost" under California Law, and the same may be sought and awarded in accordance
with California procedure as pertaining to an award of contractual attorneys' fees.
24. Binding Effect.
EOC "N" Street FY12 ESG Agreement Page 17 of 21
24.1 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, transferee, agents, servants, employees and representatives.
25. Provider's Certification,
25.1 The Provider certifies to the best of its knowledge and belief that no federally
appropriated funds have been paid or will be paid by or on behalf of the undersigned, tc
any person for influencing or attempting to influence an officer or employee of any
agency, or a member of Congress, or an officer or employee of Congress, or an
employee of a member of Congress, in connection with the awarding of any federal
contract, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, or the extension, continuation, renewal, amendment
or modification or any Federal contract, grant, loan, or cooperative agreement.
25.2 If any funds other than federally appropriated funds have been paid or will be paid
to a person for influencing an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of
Congress in connection with this federal contract, grant, loan, or cooperative
agreement, the Provider shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions. Without limitation, the
disclosure requirements and prohibitions of 42 U,S.C. 3537a and 3545 and 31 U.S.C.
1352 (the Byrd Amendment), and the implementing regulations at parts 4 and 37 of the
Title 2.4 CFR shall apply to Provider's pursuit of this Agreement.
25.3 The Provider shall require that the language of the above certification be included
in the documents for all sub recipient tiers (including subcontracts, sub grants, and
contracts under grants, loans, and cooperative agreements) and that all sub recipients
shall certify and disclose accordingly.
25.4 This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification
is a prerequisite for making or entering into this Agreement.
26. Notices.
26.1 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 or deposited into the United States mail, by registered or certified mail, return
receipt requested with postage prepaid, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or at such
other address as the parties may from time to time designate by written notice.
26.2 Personal service, as aforesaid, shall be deemed served and effective upon
delivery thereof. Service by mail, as aforesaid, shall be deemed to be sufficiently
served and effective as of 12:00:01 A.M., on the fourth (4th) calendar day following the
EOC "N" Street FYI L^'SG Agreement Page 18 of 21
date of deposit in the United States mail of such registered or certified mail, properly
addressed and postage prepaid.
27. Non -Solicitation,
27.1 Provider represents and warrants that it has not paid or agreed to pay any
compensation, contingent or otherwise, to solicit or procure this Agreement or any
rights/benefits hereunder.
28. Waiver,
28.1 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.
28.2 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.
29. Governing Law and Venue.
2.9.1 This Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of California. 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.
30. Interpretation.
30.1 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.
31. Time of Essence. Time is of the essence for the performance of this Agreement.
32. City's Authorized Agent. For purposes of this Agreement the Manager of the
Housing & Community Development Division, hereinafter referred to as the "Manager"
shall be fully empowered to act for and on behalf of the City, as the City's authorized
agent, except that only the Fresno City Council, and not the Manager, shall have the
power either (i) to extend the original term of this Agreement or (ii) to increase the
original ESG Funding of this Agreement.
33. Headin s.
EOC "N" Street FYI ESG Agreement Page 19 of 21
33.1 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. Cumulative Remedies,
34.1 No remedy or election hereunder shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity.
35. Entire Agreement.
35.1 This Agreement including the documents, instruments and exhibits referenced and
incorporated herein contain(s) all agreements of the parties with respect to the subject
matter hereof. No prior agreement or understanding pertaining to any such matter shall
be effective. 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.
36. Counterparts
36.1 This Agreement may be executed in counterparts, each of which when executed
and delivered will be deemed an original, and all of which together will constitute one
instrument. The execution of this Agreement by any party hereto will not become
effective until counterparts hereof have been executed by each of the parties hereto.
37. Disclaimer of Relationship.
37.1 Nothing contained in this Agreement, nor any act of City or of Provider, or of any
other person, shall in and by itself be deemed or construed by any person to create any
relationship of third party beneficiary, or of principal and agent, of limited or general
partnership, or of joint venture. Provider shall have no authority to bind the City absent
City's express written consent. Except to the extent otherwise provided in this
Agreement, Provider shall bear its own costs/expenses in pursuit hereof.
lJII
Attachments: Exhibit "A" - Homeless Services Report
Exhibit "B" - Disclosure of Conflict of interest
EOC; "N" Street PY12 ESG Agreement Page 20 of 21
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO Fresno County Economic Opportunities
a Municipal Corporation Commission
a California Nonprofit Corporation
By:
Mark Scott
City Manager
ATTEST-
REtrieeA I!. K1:1
yove
City Clerk
gy; 14m,
Deputy U )
APPROVED AS TO FORM:
JAMES C. SANCHEZ
Cit
As
EOC "N" Street FYI ESG Agreement Page 21 of 21
By:
Brian Angus
Executive Director
(Attach certificate of acknowledgment)
ADDRESSES:
CITY:
City of Fresno
Housing & Community Development
Division
Attn: John M. Robertson,
Management Analyst III
2600 Fresno Street, Room 3076N
Fresno, CA 93721
PROVIDER:
Fresno County Economic Opportunities
Commission
Attn: Brian Angus, Executive Director
1920 Mariposa Mail, Suite 300
Fresno, CA 93721
City of
Immin
EXHIBIT A
EMERGENCY SHELTER GRANT
HOMELESS SERVICES QUARTERLY REPORT
Name of Organization:
Period Covered by Report:
Fresno County Economic Opportunities Commission ("N" St.)
July 1, 2011 -September 30, 2011
% Male
Address:
Description of Services:
2336 Calaveras Street
Meals Shelter
X X
Two parents under 18
City: State: Zip Code:
Term of Contract/Agreement:
Fresno CA 93721
July 1, 2011 -June 30, 2012
% Female
Phone Number: 559 498-8543
Programs and Service(s):
Emergency Shelter Facilities
Vouchers for Shelters
Drop-in Center/Food Pantry
Mental Health
Alcohol/Drug Program
Child Care
Other
Residential Services:
Average number served daily: Adults
Transitional Housing
Outreach
Soup Kitchen/Meal Distribution
Health Care
HIV/AIDS Services
Employment
Homeless Prevention
Children
Enter Approximate Percentages (round to the nearest whole number e.g. 48.2%=48% or 23.7%=24)
Unaccompanied 18 and over
Unaccompanied under 18
Families with Children Headed by:
% Males %Females
% Males % Females
Single 18 and over
% Male
% Female
Youth 18 and under
% Male
% Female
Two parents 18 and over
% Male
% Female
Two parents under 18
% Male
% Female
Families with no children
% Male
% Female
On an average day the percentage of the population served who are:
% Battered Spouse
% Runaway/Throw, Away Youth
• Chronically Mentally ILL
% Developmentally Disabled
% HIV/AIDS
% Alcohol Dependent Individuals
Shelter Type: Number of persons housed
Barracks
Group/Large House
Scattered Site Apartment
Single Family Detached House
% Drug Dependent Individuals
% Elderly
• Veterans
• Physically Disabled
% Other
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other
EXHIBIT "B"
DISCLOSURE OF CONFLICT OF INTEREST
Fresno County Economic Opportunities Commission
"N" Street
YES*
NO
1.
Are you currently in litigation with the City of Fresno or any of
itsagents?
2.
Do you represent any firm, organization or person who is in
liti anon with the City of Fresno?
3.
Do you currently represent or perform work for any clients
who do business with the City of Fresno?
4.
Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with
the City, or in a business which is in litigation with the City?
5.
Are you or any of your principals, managers or professionals,
0✓
related by blood or marriage to any City employee who has
any significant role in the subject matter of this service?
6.
Are you employed by any other jurisdictions or agencies?
* If the answer to any question is yes, please explain in full.
Brian Angus Date
Executive Director
State of California
County of
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his/her/their authorized capacity(ies), and that by
his/her/their signature(sj on the instrument the
personK,, or the entity upon behalf of which the
person(e) acted, executed the instrument.
DEBBIE GROVE
Commission P
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= Fresno County ' laws of the State of California that the foregoing
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WITNESS my hand and official seal.
Signature: -
Place Notary Seal and/or Stamp Above
OPTIONAL Signature of Notary Public
Though the information 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:
Signers) Other Than Named Above: —__
Capacity(ies) Claimed by Signer(s)
Signer's Name:. .____
f Corporate Officer—Title(s):
1:-1 Individual
(:1 Partner —f::1Limited ❑General
Attorney in Fact
I I Trustee
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Signer Is Representing:
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OFSIGNER
Signer's Name:
I:: Corporate Officer — Title(s):
i I Individual
f:] Partner — ❑ Limited I: 1 General
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❑ Trustee
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Signer Is Representing:
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vewo nenoimi rvomry"'oor,nun•aeovue aoioAve, r.v. ee. zauz•cnatsrvonn, GA 81819 -LOVE• www.NationalNotary.org Item 115907 Reorder: Call Toll -Free 1 800 876 6827