HomeMy WebLinkAboutMarjaree Mason Center - ESG - Homeless Assitance - 2015ÈTI14 ORrcINAL
AGREEMENT !i;i,r f-:.,,'i.:;--l'i'i
Emergency Solutions Grant /
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THIS AGREEMENT is made and entered into the lst day of September,2015
by and between the CITY OF FRESNO, a California municipal corporation ("Cl-f\ '), and
"Marjaree Mason Cente/', California, lnc., a California 501(c)(3) nohfor-profit
Corporation ("REC|P|ENT"). CITY and RECIPIENT are sometimes hereinafter refened
to individually as a Party and collectively as Parties.
CITY has received a grant commitment from the United States Department of
Housing and Urban Development ("HUD") to administer and implement the Emergency
Solutions Grant in the City of Fresno in accordance with the provisions of 24 CFR Part
576 et seq. and California law.
The purpose of the ESG grant is to provide assistance to the homeless and
those at risk of becoming homeless to quickly regain stability in permanent housing after
experiencing a housing crisis and/or homelessness within the city.
Then CITY issued a Notice of Funding ('NOFA') to solicit cost proposals with
specific plans to provide eligible ESG services ('Scope of Work").
ln response to the NOFA, RECIPIENT submitted a Proposal which included a
Scope of Work and cost proposal ("Budget") as described in Exhibits A and B
respectively and represents it is capable and qualified to meet all the requirements of the
NOFA and this Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions and premises hereinafter combined to be kept and performed by the
respective Parties, it is mutually agreed as follows:
ARTICLE I
DEFINITIONS. Wherever used in this Agreement or any of the contract
documents, the following words shall have the meaning herein given, unless the context
requires a different meaning.
'ACT" - 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant
and Consolidated Plan Conforming Amendments lnterim Rule , published in the Federal
Register on December 5,2011 (76 Fed. Reg. 75954).
"Administrato/' and "Contract Administrator" shall mean the Manager of the
Housing and Community Development Division of the Development and Resource
Management Department of City or his or her designee.
"Bid Proposal" and 'Proposal" shall mean RECIPIENT's response to the NOFA
including but not limited to the Budget, Scope of Work, certifications and all attachments
and addenda.
"Budget" shall mean RECIPIENT's Cost Proposal submitted with the B¡d
Proposal.
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"City Manager" shall mean the City Manager of CITY.
"Contract" or "Contract Documents" shall mean and refer to this Agreement
including its exhibits and the NOFA and Bid Proposal with all attachments and addenda
thereto.
.ESG" shall mean Emergency Solutions Grant as set forth in the ACT.
"General Conditions" or "General Requirements" shall mean the General
Requirements contained in the NOFA.
"Program" shall mean 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 ESG Policies and Procedures.
"Program income" for the specific purpose of this Agreement shall be as defined
in the ACT. Unless othenrise provided for in the ACT, program income shall include any
and all gross income eamed by or accruing to RECIPIENT in its pursuit hereof provided
that the term program income does not include rebates, credits, discounts or refunds
realized by RECIPIENT in its pursuit hereof.
"NOFA' shall mean the Notice for Funding Available issued on July13, 2015
soliciting for proposals to provide; street outreach & emergency shelter; homelessness
prevention assistance to households who would otherwise become homeless;
assistance to rapidly re-house persons who are homeless; and related grant
administration (up lo 2.5o/o of award).
"Scope of Services or Services" shall mean those services submitted with
RECIPIENT's bid proposal to be offered in fulfillment of the Program and included in
Exhibit A.
1. Contract Administration. This Agreement including all the Contract
Documents shall be administered according to the order of precedence set forth herein
for CITY by Administrator who shall be RECIPIENT's point of contact and to whom
RECIPIENT shall report.
2. Scope of Services. RECIPIENT shall provide the Program in
conformance with the Contract Documents and perform to the satisfaction of CITY those
services set forth in Exhibit A and services necessarily related or incidental thereto even
though not 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 the Agreement. Services of RECIPIENT shall commence as of September
1,2015 and shall end June 30, 2016, which shall be the term of this Agreement, unless
terminated earlier as provided herein.
4. Comoensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed One Hundred and Twen$ Five Thousand, Two Hundred
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and Ninety Nine Dollars and Zero Cents ($125,299.00) for satisfactory performance of
the services rendered therefore and as set forth in Exhibit B attached hereto and
incorporated herein. Compensation is based on actual expenditures 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 fail to comply with any
provisions of this Agreement, CITY shall be relieved of its obligation for further
compensation.
(a) Payments shall be made by the CITY to RECIPIENT in arrears,
for services provided during the preceding month. Such payment by City shall be made
in the normal course of business, generally within forty fìve (45) days after the date of
receipt by CITY of a correctly completed invoice in accordance with the provisions of this
paragraph, and shall be for the actual expenditures incurred by RECIPIENT in
accordance with Exhibit B. Payments shall be made after receipt and verification of
actual expenditures. All invoices are to be submitted CITY at the address given for
notices on the signature page hereof or at such address the CITY may from time to time
designate by written notice.
(b) The Administrator may, in his or her sole discretion, agree in
writing to revise the payment schedule in subsection (a), above, upon RECIPIENT's
showing that such will facilitate delivery of the services; provided, however, that total
payments under this Agreement shall not exceed the total amount provided for in
subsection (a), and any amounts advanced are authorized and appropriated for that
fiscal year of the CITY covering the period for 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 of this Agreement. Any interest thereon must be credited to or returned to
CITY. Upon any dissolution of RECIPIENT, all funds advanced pursuant to this
Agreement and not expended shall be returned to CITY.
(d) CITY will not be obligated to make any payments under this
Agreement if the request for payment is received by the CITY more than 60 days after
the date of termínation 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 othenrise made unavailable to CITY whether earned or
promised to RECIPIENT and/or should CITY in any fiscal year hereunder fail to
appropriate said funds, CITY shall not provide said funds to REGIPIENT unless and until
they are made available for payment to CITY by HUD and CITY receives and
appropriates said Funds. No other funds owned or controlled by CITY shall be obligated
under this Agreement to the project(s). Should sufficient funds not be appropriated, the
Services provided may be modified, or this Agreement terminated, at any time by the
CITY as provided in section 9 below.
(f) RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 (a) ol this Agreement.
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5. Matchino Funds Requirements of RECIPIENT: RECIPIENT agrees to
match all ESG fundíng disbursed to it by CITY on a dollar for dollar basis. Donated
funds, material and labor may be used as matching funds. Time contributed by
volunteers shall be calculated at the rate of $5 per hour. RECIPIENT shall determine
the value of donated material or building space using a method based on fair market
value. Other federal funds may be used as matching funds unless expressly prohibited
by law or contract. Unless otherwise provided by applicable law or contract, matching
funds shall be applied in furtherance of the Scope of Work hereunder. To qualifv
matchino funds as such thev must be aoolied in furtherance of the services hereunder.
6. Loss of Third Partv Fundino: ln the event any funding provided by a party
other than CITY for the Program or services being performed by RECIPIENT is
suspended, reduced or withdrawn, then Administrator may suspend this Agreement
immediately upon its receipt of notice thereof, or terminate this Agreement as provided in
Section 9 below. RECIPIENT shall notify CITY in writing within 7 days if any of the
following events occur:
(a) Suspension, reduction or withdrawal of RECIPIENT'S funding by
other funding source(s).
(b) Addition or resignation of any of RECIPIENT'S Board of Director
members.
(c) Resignation or termination of any of RECIPIENTS staff, including
those staff not funded by this Agreement but essential to the delivery of the services
listed in Exhibit A.
(d) The Administrator may, in his or her sole discretion, stay such
suspension of the Agreement for a period not to exceed 30 days to allow RECIPIENT to
either (i) submit a new service or funding plan for evaluation by Administrator who may
accept or reject in his or her sole discretion, or (ii) complete an orderly phase out of
servíces. lf the Administrator accepts such new service or funding plan, then such plan
will be subject to the requirements in Section 14 below.
7. Disoosition of Prooram lncome. Absent the GITY's written consent, any
program income generated hereunder shall be used to reduce the CITY's
reimbursement obligations hereunder, or in the absence thereof promptly remitted
entirely to the CITY.
8. Events of Default. When in the opinion of CITY, there is an occurrence of
any one or more of the following provisions it will represent an Event of Default for
purposes of this Agreement.
(a) An illegal or improper use of funds.
(b) A failure to comply with any term, covenant or condition of this
Agreement.
(c) Report(s) are submitted to CITY which are incorrect or incomplete
in any material respect.
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(d) The services required hereunder are incapable of or arc
improperly being performed by recipient.
(e) Refusal of RECIPIENT to accept change under Section 16
(f) RECIPIENT fails to maintain any required insurance.
(g) There is a loss of third party funding (see Section 6 above).
(h) RECIPIENT files, or has filed against it, a petition of bankruptcy,
insolvency, or similar law, state or federal, of filing any petition or answer seeking,
consenting to, or acquiescing in any reorganizatíon, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief, where such petition shall not have
been vacated within fourteen (14) days; or if adjudicated bankrupt or insolvent, under
any present or future statute, law, regulation under state or federal law, and judgment or
decree is not vacated or set aside within fourteen (14) days.
(¡) RECIPIENT's failure, inability or admission in writing of its inabili$
to pay its debts as they become due or RECIPIENT's assignment for the benefit of
creditors.
(j) A receiver, trustee, or liquidator being appointed for RECIPIENT
or any substantial part of RECIPIENT'S assets or properties, and not removed within ten
(10) days.
(k) RECIPIENT's breach of any other material condition, covenant,
warranty, promise or representation contained in this Agreement not otherwise identified
within this Section.
L Termination and Remedies.
Upon the occurrence of an Event of Default, CITY shall give written notice
RECIPIENT of the Event of Default by specifying (1) the nature of the event or deficiency
giving rise to the default, (2) the action required to cure the deficiency, if, in the sole
discretion of CITY, any action to cure is possible, and (3) if the Event of Default is
curable, a date, which shall not be less than thirty (30) calendar days from the date of
the notice, by which such deficiency must be cured, provided, however that if such
failure cannot be remedied in such time, RECIPIENT shall have an additional thirty (30)
days to remedy such failure so long as RECIPIENT is diligently and in good faith
pursuing such remedy.
(a) This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT
and a failure to cure said Event of Default within the time specified in the notice of Event
of Default; (ii) 7 calendar days prior written notice without cause by CITY to RECIPIENT;
(¡¡i) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during
any CITY fiscal year of this Agreement, or insufficient funding for the services provided
by RECIPIENT; or (iv) expiration of this Agreement.
(b) lmmediately upon any termination or expiration of this Agreement,
RECIPIENT shall(i) immediately stop allwork hereunder; (ii) immediately cause any and
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all of its subcontractors to cease work; and (iii) return to CITY any and all unearned
payments and all properties and materials in the possession of RECIPIENT that are
owned by CITY. Subject to the terms of this Agreement, RECIPIENT shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. RECIPIENT shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) Upon any breach of this Agreement by RECIPIENT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable law;
(ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii)
recover all direct, indirect, consequential, economic and incidental damages for the
breach of the Agreement. lf ¡t is determined that CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(d) ln no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may
then exist on the part of RECIPIENT, nor shall such payment impair or prejudice any
remedy available to CITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of RECIPIENT the
repayment to CITY of any funds disbursed to RECIPIENT under this Agreement which,
in the judgment of CITY, were not expended in accordance with the terms of this
Agreement, and RECIPIENT agrees to promptly refund any such funds within 10 days of
CITY'S written demand.
10. lndemnification.
To the furthest extent allowed by law, RECIPIENT shall indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and volunteers
from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether
in contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage), and from any and all claims, demands and actions in law or
equity (including reasonable attorney's fees and litigation expenses) that arise out of,
pertain to, or relate to the negligence, recklessness or willful misconduct of RECIPIENT,
its principals, officers, employees, agents or volunteers in the performance of this
Agreement.
lf RECIPIENT should subcontract all or any portion of the services to be
performed under this Agreement, RECIPIENT shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive expiration or termination of this Agreement.
11. lnsurance.
(a) Throughout the life of this Agreement, RECIPIENT shall pay lor
and maintain in full force and effect all insurance as required in Exhibit D or as may be
authorized in writing by CITYS Risk Manager or his or her designee at any time and in
his or her sole discretion.
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(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. Reoorts and lnsoection.
(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
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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
RECIPIENT's fiscal year end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110
tJniform Administrative Requirements for Grants and Other Agreements with lnstitutions
of Higher Education, Hospifals, and Other Non-Profit Organizations.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
(1) RECIPIENT shall send all required reports to the
Administrator not later than the fifteenth of the month following the last day of the
latest month for which the report is due.
(2) Except as otherwise authorized by GITY, RECIPIENT shall
retain such records for a period of five (5) years after receipt of the final payment
under this Agreement or the earlier termination of this Agreement, whichever
occurs later.
RECIPIENT is to prepare written financial statements, and
completed Homeless Services Report, each in the form attached hereto as
Exhibit G incorporated herein, each covering matters pertaining to the Scope of
Services contained in Exhibit A, to be submitted to GITY no later than the
thirtieth (30th) of the month following the end of each quarter hereunder for the
duration hereof, absent City's prior written consent in cases of unusual
circumstances as determined in the sole discretion of the CITY.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, vouchers, orders, or any other accounting documents
pertaining in whole or in part to this Agreement and they shall be clearly identified and
readily accessible to CITY.
(c) During the life of this Agreement and for a period of five (5) years
after receipt of the final payment under this Agreement or the earlier termination of this
Agreement, whichever occurs later, RECIPIENT shall, at any time during normal
business hours and as often as CITY and/or HUD or the authorized representative of
either CITY or HUD may deem necessary, make available to them or any one of them,
within the City of Fresno, such statements, records, reports, data and information as
they may request pertaining to matters covered by this Agreement and permit them or
any one of them to audit and inspect all records, invoices, materials, payrolls, records of
personnel, conditions of employment, and other data relating to all matters covered by
this Agreement. RECIPIENT shall also permit and cooperate with on-site monitoring
and personal interviews of participants, RECIPIENT'S staff, and employees by
Administrator and other CITY andlor HUD representatives.
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(d) The RECIPIENT is required to participate in the Fresno Madera
Continuum of Care ("FMCoC"). Participation is defined as attendance at a minimum of
75o/o of all FMCoC Director's meetings.
(e) The RECIPIENT is required to collect and report clienþlevel data
in a database comparable to the local Homeless Management lnformation Systems
("HM|S') run by the Housing Authorities of the City and County of Fresno through a
Memorandum of Understanding with the FMCoC or a data base that complies with any
special requirements which may be developed by HUD for legal services or domestic
violence victim service RECIPIENTS as pre-approved by the CITY. Reporting in a
database comparable to HMIS is a requirement of ESG funding. The comparable
database will be maintained by the RECIPIENT and used to collect data and report on
outputs and outcomes as required by HUD. RECIPIENT is required to enter all client
intakes, provide regular updates and exit all clients once services are completed. As
applicable, RECIPIENT must enter the following information in the comparable database
for federal reporting purposes:
1) Name
2) SocialSecurityNumber
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
I 1) Housing Status
12) Program Entry Date
13) Program Exit Date
14) Personal ldentification Number
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 clienþlevel information to
remain confidentíal, they will be required to establish a comparable clienþlevel database
internal to its organization (e.9. no identifying data shared with the HMIS or the CITY and
will provide only aggregate data to the CITY as required). RECIPIENT will work with the
HMIS administering agency, as an agent of the FMCoC, to determine that the alternative
database meets the standards Íor comparable client-level databases, including
compliance with the HMIS Data and Technical Standards which are acceptable to HUD
and the CITY.
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(g) All data elements specified above in 13(e) must be recorded for
each ESG Program in the HMIS and the fields needed to correctly generate the
performance reports are required to be collected in the comparable database.
(h) The RECIPIENT is required to provide housing unit and client data
to the City of Fresno, or designee, to include in the Point in Tíme 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 CITYs
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 anangement made by RECIPIENT, by whatever
name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall
complete a 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 CalÍfornia Political Reform Act (California Government Code Section 87100 et
seq.) and the regulations of the Fair Political Practices Commission concerning
disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).
At any time, upon written request of CITY, RECIPIENT shall provide a written opinion of
its legal counsel and that of any subcontractor that, after a due diligent inquiry,
RECIPIENT and the respective subcontractor(s) are in full compliance with all laws and
regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts
giving rise to the appearance of a conflict of interest, RECIPIENT shall immediately
notify CITY of these facts in writing.
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(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 CITY body or within one year of their termination therefrom. This
requirement may be waived in writing by the City Manager, if no actual or potential
conflict is involved.
(d) RECIPIENT represents and warrants that it has not paid or agreed
to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure
this Agreement or any rightsibenefits 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 GFR Part 35
and 24 CFR 982.4010). ln this regard RECIPIENT shall be responsible for all
inspection, testing and abatement activities.
(a) The requirements, as applicable, of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations al24 CFR
Part 35. ln addition, the following requirements relating to inspection and abatement of
defective lead-based paint surfaces must be satisfied: (1) Treatment of defective paint
surfaces must be performed before final inspection and approval of the renovation,
rehabilitation or conversion activity under this part; and (2) Appropriate action must be
taken to protect shelter occupants from the hazards associated with lead-based paint
abatement procedures.
(b) The RECIPIENT agrees to comply with all applicable
requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as
amended and HUD implementing regulation 24 CFR Part 8.
(c) RECIPIENT agrees to comply with the federal requirements set
forth in 24 CFR Part 5, except as explicitly modified below, and use of emergency
shelter grant amounts must comply with the following requirements: (a)
Nondiscrimination and equal opportunity. The nondiscrimination and equal opportunity
requirements at 24 CFR Part 5 are modified as follows:
(i) Rehabilitation Act requirements. HUD's regulations at 24
CFR Part 8 implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as
amended. For purposes of the emergency shelter grants program, the term dwelling
unifs in 24CFR Part I shall include sleeping accommodations.
(¡¡) 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 estabtish additional procedures that will ensure that such persons are
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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 CITY, and Nos. A-110 and A-122 as they relate to the
acceptance and use of emergency shelter grant amounts by private nonprofit
organizations.
(d) The RECIPIENT will be responsible for all aspects project contract
award and management including the advertising for bids and shall award the contract to
the lowest responsible and responsible bidder. The RECIPIENT shall verify with the
Labor Relations and Equal Opportunity Division of the HUD Area Office that the low
bidder has not been debarred or suspended from participating in federal projects.
(e) RECIPIENT warrants, covenants and agrees that it shall perform
the Services in a manner that does not engage in inherently religious activities and that
does not engage in any prohibited activities described in 24 CFR 576.23. Without
limitation, RECIPIENT shall not unlawfully discriminate on the basis of religion and shall
not provide religious instruction or counseling, conduct religious services or worship,
engage in religious proselytizing, or exert other religious influence in pursuit hereof.
Subject to the foregoing, RECIPIENT does not intend to utilize ESG funding to construct,
rehabilitate or convert facilities owned primarily by religious organizations or to assist
primarily religious organizations in acquiring or leasing facilities to the extent prohibited
in 24 CFR 576.23.
(f) RECIPIENT shall perform the Services in compliance with, and
not to cause or permit the Services to be in violation of, any existing or future
environmental law, rule, regulation, ordinance, or statute. RECIPIENT agrees that, if
CITY has reasonable grounds to suspect any such violation, RECIPIENT shall be
entitled to 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, DC 20410.
17. 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 Parl 24, which contains the
PRC 1.0/10{7-04
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 Califomia 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, prevailíng wage
subcontractor listing, or similar or different matters. RECIPIENT further acknowledges
that the CITY shall not be liable or responsible at law or in equity for any failure by
RECIPIENT to comply with any such laws, regardless of whether the City knew or
should have known of the need for such compliance, or whether the CITY failed to notify
RECIPIENT of the need for such compliance.
(0 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,
PRC 1.0/1047-04
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.
(¡¡i) 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
PRC 1.0/10-07-04
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. Coovriohts/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 royal$-free, nonexclusive, irrevocable and assignable license to
reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted
material and all materialwhich 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
services, employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, RECIPIENT agrees as follows:
(a) RECIPIENT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
PRC 1.0/10-07-04
(b) RECIPIENT will not discriminate against any employee or applicant
for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
RECIPIENT shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physicaldisability, mentaldisabili$, medicalcondition, 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 thís 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 oríentation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era.
(d) RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT'S commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
26. lndeoendent Contractor.
(a) ln the furnishing of the services provided for herein, RECIPIENT is
acting as an independent contractor. Neither RECIPIENT, nor any of its officers, agents
or employees shall be deemed an officer, agent, employee, joint venture, partner or
associate of CITY for any purpose. CITY shall have no right to control or supervise or
direct the manner or method by which RECIPIENT shall perform its work and functions.
Hówever, CITY shall retain the right to administer this Agreement so as to verify that
RECIPIENT is performing its obligations in accordance with the terms and conditions
thereof.
(b) This Agreement does not evidence a partnership or joint venture
between RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY
absent CITY'S express written consent. Except to the extent otherwise provided in this
Agreement, RECIPIENT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, RECIPIENT
and its officers, agents and employees shall have absolutely no right to employment
rights and benefits available to CITY employees. RECIPIENT shall be solely liable and
responsible for providing to, or on behalf of, its employees all legally required employee
benefits. ln addition, RECIPIENT shall be solely responsible and save CITY harmless
from all matters relating to payment of RECIPIENT'S employees, including, without
limitation, compliance with Social Security withholding, and all other regulations
PRC 1.0/10-07-04
governing such matters. lt is acknowledged that during the term of this Agreement,
RECIPIENT may be providing services to others unrelated to CITY or to this Agreement.
27. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as
the parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
28. 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. Assionment.
(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 REGIPIENT,
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. Governino 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.
PRC 1.0/10-07-04
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. lnteroretation. 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 eartier; (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.
iltill
PRC 1.0/10-07-04
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
Marjaree Maggn Center
By:
Ci$ Manager
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:ç/t¿//5
By:
(Attach Notary of Acknowledgement)
Date:
Name:
Title:
(Attach Notary Certificate of Acknowledgement)
Date:
RECIPIENT:
Marjaree Mason Center
Attention: Genelle Taylor Kumpe
Phone: 559-237-4706
FAX: 559-237-0420
Addresses:
CITY:
City of Fresno
Attention: Bruce Rudd, City Manager Address: 1600 M Street Fresno, CA93721
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 - Insuraribe Requirements4. Exhibit E - Conflict of lnterest Disclosure Form
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
PRC 1.0/10-07-04
CALIFORIIIA ALL.PURPOSE ACKiIOWLEDGMENT crvrL coDE s 1r89
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this cerlificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
Kathervn Cornell, Notarv Public
County of Fresno
On September 16r20i5 beforeme,
Date
personally appeared
Here lnse¡1 Name and Title of the Officer
:k:k*:k:k:kl¡UCe RUdd******
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personþ) whose nameþ) i
subscribed to the within instrument and acknowledged to me that he/ executed the same in
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALW OF PERJURY under the taws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and officialseal.
Signature
Place Notary Seal Above
OPTIONAL
Though fhrs section is optional, completing this information can deter atteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document Agreement Emergency Solutions Grant
or Type of Document:l4afj¿¡_e_e Mason Center Document Date:
Signe(s) Other Than Named Above:
Capacity(ies)
Signer's Name:
lCorporate Officer - Title(s):- Title(s):
i I Partner - n Limited [] General n Limited i lGeneral
I lndividual n Attorney in Fact E Attorney in Fact
i-l Trustee fi n Trustee
u Other:
ian or Conservator
[] Other:
Signer lg Signer ls Representing:
IüIHERYÌ{ CORIIEIT
Commbrþn tm{flilT
tlot*y puutc - C¡ilfonla
@2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.
State of C
County of
on fiutuEt Lb , Cnlv before me,LtuÊt ?. v6vyL
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(
subscribed to the within instrument and acknowl e inh ir authorized capacity(ies), and thatp or the entity upon behalf of which th
I certiñ7 under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal.
Signature
(insert name and title of the officer)
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement "Between" C¡ty of Fresno
and Marjaree Mason Genter
Emerqencv Solutions Grant
PROJECT TITLE
PRC 1.0/10-07-04
(Limit narrative ûo two Pagosl
please describe the project in detail including eligible activities, target populations, services
to be provided, number of participants to be served, timelines/project schedule/program
outcomes.
Marjaree Mason Center (MMC) will provide emergency shelter to 200 unduplicated persons
av¡ng no other safe hous¡ng alternative due to
dition, MMC will provide Rapid Re-housing -
erv¡ces (tenant-based) to 20 homeless
meless due to DV.
Specifically, the MMC Safe Hous
clothing, case management, and
families) of domestic violence in
hours a day/everyday. For safety reasons,
services ara proviâed-is confidentially located in Downtown Fresno. This cenlral, secure
location atlows viclims in Fresno to easily acoess the facility, even using public
transportation. The services we witl offer in conjunction with emergency housing and
supportive services include food, clothing, case managemer¡t, counseling, legal assistance,
parenting, life skilt Ps and l¡
agencies/programs. ncY shelter,
immediate and most ng need of
identify the longer term support and service needs;
an ¡nimed¡ate intake assessment and case management approach. Through case
management MMC witt address and link eligìble clients to available and appropriate
comm-unity and mainstream resources (SSl, Department of Rehab, Tanf, CalWORKs,
Veterans resources, Food Stamps...etc), to ensure greater opportunity of long-term housing
in which they can thrive.. Funding in the ernergency shelter components will include expenses relative to "Shelfer
Operalions" of the Sãte House facitity (utilities, supplies, insurance and maintenance) and
sóme 'essential senøces" to cover 2Çhou¡ staffing/intake assessment service costs'
Agency staffing for the MMC Safe House emergency shelter includes Case Managers,
Ci¡ent Services Advocates, and shelter lead, rship positions.
Additionally, MMC wilt provide Rapid Re-Housing-Housing Relocation and Stabilization
Services tirat will ensure necessary funding supports for homeless DV victims, primarily
those in our DV programs that we know are homeless due to fleeing DV and not in habitable
housing, Most families who have fled their home due to DV are unable to return safely to that
residence unless the abuser is in custody, wilhout fear oî future violence towards them and
their children. Absent assistance to get into their own housing through this program, many of
the families witl have no choice but to retum to the abusive violent home or to remain
hometess. Within this program MMC staff ensures etigibility guidelines, intake procedures,
and housing approvats per HUD guidelines; prior to program entry or ass¡stance being
provided. ftUOs Rent Reasonable Standard and Housing Qual'lty_ Slandards for unil
inspections will be applied when rentalass¡stance is to be provided. HMIS comparable data
w¡ll be collected and maintained, as allowable through VAWA.
o Grant funding will pay case management salary, rental application fees, security deposits,
last month's rent, utitity deposils, utility payments (up to &months in utili$ payment
anears), and moving costs.
4
. The MMC Safe House-emergency shelter will accept referrals of individuals and
families fleeing domestic violence and;
o Provide homeless housing to 200 unduplicated homeless referrals individuals and
adults with chltdren 24-hours per dayl 74ays per week; ensuring that beds are
available on a first-come, first serve basis within a 6-month period.
o MMC 24-hou¡ hotline will accept calls and referrals community-wide, including from
2-1-1; and either directly provide services and SPADT assessment or refer non-DV
homeless clients to the FMCoC MAP.
o Homeless referred to MMC for shelter will be provided an immediate assessment to
determine their needs (food, shelter, clothing, safety, medical, counseling, legal
assistance, etc.). The shelter, in compliance with the McKinney Homeless
Assistance Act, seryes battered women and their children; however, male victims of
DV are eligible for alternate housing services, including hotel vouchers.
o
however. needs fundinq to provide this level of service-
. 23 homeless persons who are not eligible for MMC shelter services will be provided
with referrals and/or transportation to alternate shelter services within the FMCoC
network of providers or the coordinated assessment housing process.
o ln adherence with the Emergency Solutions Grant intent
o Within 48-hours of admission, ongoing eligibility assessment will result in a
developed plan of care. 150 care plans will ensure health and safety issues are
addressed; long term plans, as applicable, will discuss direction toward income
achievement, emptoyment or education and long term housing stability.
. (65%) of the clienUfamilies with case plans will exit towards a permanent housing.
. g5 adults (lndividuals or head of household) in the emergency shelter or RRH
program, w¡ll ¡e assessed to ensure they are accessing (as appropriate) mainstream
resources and funding that they qualify for, and which will assist the clientlfamily in
ach ievin g self-sufficie ncy.
. (30%) of the adutts served (emergency shelter & RRH) will be referred to local
employment training and/or enrolled in CaIWORKs and placement programs in the
commünity. lt is important to note that case management services are initially focused
on the emotional well-being of the client and family, as their cause for homelessness
was initiated in a violent manner for them and their children.
. 20 RRH eligible clíen¡lfamilies will be provided with needed qualified funding to ensure
they are able to access permanent housing'
o 2O RRH househotds will be provided homeless assistance supports, coaching, and
service liñkages to assist them in maintaining permanent housing.
. MMC does not discriminate in providing of seryices, and also accepts all walk-in or
self-referred clients for assessments and services as appropriate; and accepts DV
victims who are fleeing their home and referred through the MAP program.
(Limit narrative to two Pagesf
Describe how the project will meet the program policies and priorities.
The primary target populations for MMC ESG services are individuals and families who
are def¡ned as homeless by the Department of Housing and Urban Development (HUD)
24 CFR Parts 91 , 582, and 583 regulations, specifically those fleeing/attempting to flee
domestic violence. Marjaree Mason Center has a thorough understanding of the Emergency
Solutions Grant (ESG), and the City and FMGoC intent and priority focus of ESG services
toward emergency housing and rapid re-housing of specific targeted homeless populations,
including victims of domestic violence and households with children; which are the two
populations that MMC provides service.
o ln line with the Emergency Solutions Grant (ESG) intent, MMC will focus upon
unsheltered homeless persons fleeing or attempting to flee DV, and provide
emergency shelter services necessary to help 200 unduplicated homeless DV
adults/children victims (fleeing); and
. An additional 20 eligible persons with Rapid Re-housing-Housing Relocation and
Stabilization Services supports to regain stability after their homelessness. The
approach of this MMC Emergency Solutions grant is to address the immediate
(emergency housing) and most appropriate tenant based re-housing needed by the
identified target homeless population; assisting them in identifying long term
supportive and service needs to prevent future homelessness.
MMC maintains HMIS data supports (within VAWA guidelines) and does possess required
insurance, as required by the ESG contract with the City of Fresno. Outreach is within the
coordinated access process; through 2-1-1; from street outreach and; referrals from other
social service, law enforcement and homeless agencies within Fresno. Further-as per the
policies and procedures for ESG, the three-step process for determining client's eligibility will
be closely adhered to which includes: 1) initial consultation with the individual or family to
determine eligibility in accordance with the coordinated assessment requirements set forth
under 24 DVR 576.400(d) and the associated written standards established. 2) VerÍfication of
income below 3Oo/o oî the Area Median Income will take place; and 3) Verification of
Homelessness will be secured-homelessness will be verified as per the HUD definition.
Specifically our targeted population within that deflnition includes. Any individual or family
who is fleeing, or is attempting to flee domestic violence, dating violence, sexual assault,
stalking, or other dangerous or life threatening conditions that relate to violence against the
individual or a family member, including a child, that has either taken place within the
individual's or family's primary nighttime residence or has made the individual or family afraid
to return to their primary nighttime residence; that they have no other residence; and lack the
resources or support networks, e.g., family friends, faith based or other social networks, to
obtain other permanent housing; and live in an emergency shelter or other place described
as and not meant for human habitation.
As our proposal includes a request for emergency shelter and rapid re-housing, our process
with the re-housing population will include re-verification/qualification for ongoing eligibility of
this service for Rapid Rehousing households served more than three months, although our
project will primarily focus on assisting these homeless with acquisition of rental housing with
depositsffirst & last month's rent and utility assistance-per grant guidelines. Further, we will
maintain all client eligibility documentation in each client file (as is relative to emergency
shelter and rapid re,housing); and we will maintain all recordkeeping and reporting
requirements, as required in the regulation for rapid re-housÍng clients. Family size
determination, unit size appropriateness and rent reasonableness will be in compliance with
HUDS standard of "rent reasonableness." ln regard to the Rental, Security and Utility
Payments-payments will only be made directly to the third parties (landlords or utility
companies).
MMC supports the FMCoC involvement and dedication toward the Project Unite and the 25-
Cities national initiative that began in March of 2O14. ln addÍtion, we appreciate the City's
commitment to ensuring that domestic violence victims have immediate access to safety and
shelter, as they flee DV/farnily violence with their children and immediately become
homeless. The MMC homeless services, although being DV related will absolutely support
the common/coordinated assessment and homeless housing protocols within the community,
as many "general homeless" reach out to our Center for housing. We support and participate
in this effort, have trained our staff in the SPDAT lV assessment, cooperate and collaborate
with other homeless providers so this system can be successful.
For domestic violence victims we know that the FMCoC and city of Fresno understand the
restrictions in placing DV victims' in general homeless housing, as our particular target
population are homeless due to fleeing DV and have safety concerns for the family and
require being confidentially housed with specific safety and security needs.
As an active FMCoC member, MMC commits to the local initiatives as these services are
necessary to help regain stability in permanent housing after experiencing a housing crisis
and/or homelessness. We utilize the coordinated assessment process as an important
aspect of the initiative for homeless we setve, who are not protected under VAWA
confidentiality requirements. The tactic of the Emergency Solutions Grant is to address the
immediate and most appropriate housing need of the identified targeted homeless
population; identify the longer term supportive and service needs; and utilizing a case
management approach-address and link the referred clients to available and appropriate
resources, to ensure greater opportunity of long-term consistent, supportive (if necessary),
housing options in which they can thrive. For DV victims the MMC will continue to follow this
approach with clients we serve; will maintain our duplicate HM|S/comparable data collection
and; provide immediate emergency shelter housing and rapid re-housing for homeless
families fleeing domestic violence, meeting the requirements and intent of the Emergency
Solutions Grant, localpriorities and policies in regard to ESG.
sEcTtoN 4 -SCHEDULE
(Limit narrative to one pago)
Describe how the agency will perform the tasks described within the six month timeline. Show how the
agency anticipates expending and requesting reimbursement for each month of the subrecipient
agreement.
The MMC Emergency Shelter operations will begin immediately. The Emergency Shelter is
already in operation; however needs the additionalfunding to operate at the proposed level.
There will not be any start-up delays in the receipl of homeless individuals/families that are
fleeing domestic violence and requ¡ring shelter. The numbers of anticipated homeless
received each month, within this funding, for the 6-month per¡od is noted in the chart below,
based upon h¡storical data.
The Rapid Re-housing - Housing Relocation and Stabilizat¡on Servíces program will initially
be made available for qualified and eligibte cand¡dates effective September 1'¡. A case
manager will be responsible for the processing of applications for funding assistance and
project monitoring, and client assistance. There will be minimal delay in implementation of
the project. The first month will have the least number served as the staff will develop their
forms, files and processes for receipt and processing of applications for funding assistance.
Announcement will be made notifying Marjaree Mason Center Advocates and the MAP
project within the community and in the emergency shelter that this assistance is available
and it is anticipated that at least two eligible homeless DV families will be identified initially. lt
is anticipated, based upon prior experience that verification attainment, housing search and
application, approval for size and cost appropriateness and site visit approvals will require at
least a 15-18 day span. Staff will determine that all requested rental assistance meets rent
reasonableness (within the approved FMR); and that the site meets quality standards
expectations. Once the paperwork and the on-site processes are completed, a check or
checks will be requested from the finance department in the name of the third-party who will
be paid for the services needed (moving, storage, rent payment, etc...). Ghecks are
processed weekly and will be issued after the appropriate backup documentation is received
and verified.
Clients will be provided with necessary linkages and supports to promote their stay in the
permanent housing that they have secured and the case manager will assist them in their
initial stabilization. The timeline represents the numbers served will be highest mid-grant, as
the three months of supportive assistance are anticipated to be provided at that time;
deposits and other onetime funding requests will be accepted in the latter two months of the
funding period; in order to end the project / funding within the 6-month time frarne.
ESG Gomponcnt Total f
c, --:äÈo(u l\¡
o,:Oñ
3n9ãUNo
o9.nÈFtoo>^¡oz
o_o .^
tercrou^loo
-!q)oà ..{
>..ì
lE+ro:t YFrÞ drOË>ô¡L H
Rapid Rchousing
Service lfs
20 Served
2 4 4 4 3 3
Eme4ency Shelter
#s
200 Served 35 35 35 25 35 35
Grant Expandíturcs s171,387.00 lOYo 75lo 2ú/o 2Mo 2Wo I5To
(Limit nanative to two pages)
Morjoree Moson @nter City of Fresno ESG 2015
Describe your organization's experience and capacity to provide the types of service and/or
housing proposed and experience with the utilization of ESG funds or other public-private
developments.
ln three decades of experience, MMC has continually provided quality safe effective
emergency housing; and has sucoessfully utilized Gity and County ESG funds every
contractuat year-adhering to report¡ng procedures, meet¡ng servlce obiectives: and
providing a 24t7 serv¡oe to homeless men, women and children victims of DV. MMC
has been successful and fiscally respons¡ble in operating four HUD SHP TH projects,
addressing performance indicators and performance objectives. Currently MMC is also
working in partnership with the Fresno Housing Authorþ on the implementation of the
Welcome Home Rapid Re-Housing program, yvh¡ch is in its first year of HUD funding.
That program uas operating at capacity within the first 3 months (time to process and
approve verifications of eligib¡l¡ry e approve housing). Prior to the Welcome Home
project, MMC also successfully administered locel City and County HPRP funds while
they were avaitable. MMC case manager regularly monitor and evaluate dient
progress, develop individualized service plans, and help plot clients'courses to housing
stab¡lity and; maintain HUD required documentation in all client files. In addition, MMC
Client Service Advocates assist in re-housing clients by facilitating the Life Skills Class,
which teaches clients about: budgeting skills, leases and the leasing process, how to
secure utilities, making moving anangements, and other skills necessary for
independent living. MMC has been diligent about meeting all HUD and other
contractual commitments, performance timelines and reporting requirements.
ln all, MMC manages more than 24 grants a year, amounting to about $3,950,000 from
federal, state, local, and private grantors. Historically, MMC has successfully managed
more than ll0 grants, totaling more than $25,000,000. MMC has consistently received,
fulfilled and successfully met obþctives and outcomes of all grant funds from federal,
state, and local government agencies, as well as pdvate foundations. MMC has many
years of proven fiscat and programmatic stabilig ensuring compliance with HUD SHP
ând HPRP and ESG mandates, policies and regulations. ln addition to the FMCoC,
MMC has memorandums of understanding with more than 30 agencies in Fresno
County, creating a netyyork of refenals and mutual support. Through these
partnerships, MMC assists in addressing gaps in cornmunity services, streamlines
victim assistance, and eliminates duplication of efforts, maximizing resources available
in our communig. Due to its reputable distinction of service in the Fresno area, MMC
operations are enhanced by a strong and consistent financial commitment of private
granls and donated funds from our community. Our Board and fiscalmonitoring process
ñave been excellent and consistently have met all review standards.
Marjaree Mason Center is Fresno's only dedicated domestic violence services agency,
the county's only provider of domestic violence homeless shelter seryices, and Central
California's foremost expert on domestic violence and annually MMC moves more than
650/o of emergency residential clients into lransitional or self-sutficient permanent
housing! MMC emergency and transitional projects are located in downtown Fresno,
Clovis and rural Reedley, housing an average of 1000 unduplicated victims of domestic
Marjoree Moson Center City of Fresno ESG 2015
violence every year. The agency keeps detailed statistics on services prov¡ded; as well
as very detaited client demographics, including ages, ethnicities, zip codes, and income
levels. Agency-wide, MMC serves more than 5,600 unduplicated victims of domestic
violence every year. MMC is experienced assisting clients from all backgrounds,
income levels & parts of the community. For the past 35 years, the Marjaree Mason
Center (MMC) has provided shelter, re-housing assistance, and case management
services to victims who have become homeless due to fleeing domestic violence. MMC
advocates working in conjunction with law enforcement have reached out to victims who
report domestic viòbnce. Currently, these advocates contact thousands of victims each
year, informing them about services and offering assistance. This outreach is so
ãffective that more than 30% of our Safe House referrals are from these efforts. ln
addition to our active involvement within our community and the FMCoC, MMC is an
act¡ve member of the California Partnership to End Domestic Violence (CEPDV).
Key staff, their role in the project and their qualifications' are as follows:
. Genelte Taylor Kumpe, Executive Director came to MMC in 2013 with over 13 years of
executive management, legislative advocacy, entrepreneurial business development and
management, an¿ public/media relations. Genelle spent 10 years as a leader in
education, her work at Fresno State became a national model for other universities to
replicate.. Lucianna Ventresca, Associate Director has 23 years management experience in
private nonprofit public service agencies, and has been with MMC for 4 years overseeing
iacility programmatic operations. Ms. Ventresca has been involved in the emergency
shelér seÑice provision for over 14 years, and served as consultant for the FMCoC.
. Marcus Martin, Finance Director has been wilh MMC for 10 years. He has 13 years'
experience in accounting and finance, internet technology and human resources
management. Mr. Martin oversees all agency and shelter finances, and has monitored the
contracts and oversight of prior CDBG, HUD, and EHAP renovation funds -to ensure strict
compliance with government regulations and requirements.. Stacy Gomez, Legal Services Director oversees MMC's team of victim advocates who
are stationed at Fresno County and City's domestic violence units. She has nine years'
experience as a DV victim advocale, five of those years as lead advocate, supervising a
team of five other advocates and a Human Trafficking Advocate.
o Katie Crask, Clinical Services Director oversees MMC's team of counseling staff and the
clinical interventions provided to our children in the Shelter Children's Enrichment Center'
Katie's been with the agency for over 2S-years, is a licensed therapist, and child advocate.
. Case Managers MMC case managers represent our cultural community make-up, are
highly trained and, the majority are bilingual. Al¡ MMC staff has undergone 40 hours of
státe-certified domestic violence training, and have certification as a DV advocate.
. Client Seruice Advocates_ MMC Client Service Advocates (CSA) facilitate classes for
residents, offer peer support, parenl coaching, meal service delivery for residents. CSA
staff provides the 24-hov¡ 74ay per week crisis assessments and hot line coverage.
Legal Concerns:
Marjaree Mason Center does not have pending legal actions, bankruptcies, or lawsuits, nor
areihere any other factors that would prevent our agency lrom completing the proposed prgect.
10
Morjaree Moson Center City of Fresno ESG 2015
List five (5) current or completed projects. lnclude a summary of the scope of the program,
dates of program, and number of homeless served.
California Offiæ of ErrergencY
Snrvices Years: 2009 through Cunently FundedReference Name:
Service Provided:
Servbe Provided: ect:
Service Summary: Majaree Mason Center is ornenüy operating this new GoC fundsd PH pojecl. Homeless are provided
Emergency shelter, case managemenl, 2&hour crisis intervention, safe$ planning and other services (tolal served including homeless
within each year of wilhin ü's 4,800+
Reference Name:U. S. Deot. of HUD Yaars: December 1, 20.14 - 2015 -Cunent
hnusino. ces6 mâneoemenllheraw-andridim-advotactjn:thislenant based nroiecl=l2homolessjfnllirs-sened^--
Reference Name:
Serviæ Provided:
and other serviæs to them as homeþss viclims of domestic violence.
U. S. Depl, oIHUD Years: 2008-2015 'Cunent
Ma{aee Mason Cenler provides housing of horneless and TH scry¡clt ¡n lout gt.nb fto¡n HUD.
shelter, case manæement, lherapy, lif+skills classes, victim advocacy in Fresno, Clovis & Reedley - mon lh¡n 125 hom¡less
Reference Nama:
Service Provided:
safety Platning,
Reference Name:Emeroencv Food & Sheller Years:: 2011-2014-Cunent
Sub recipients must participate in HMIS, the local CAHM system, and the Fresno
Madera Continuum of Care.
MMC has been and will continue to comply with all local and federal funding
requ¡rements, record keeping, client file documentation and fiscal accountab¡lity,
inciuding compt¡ance wilh 24 CFR Pail 576, as amended and related implementing
regulat¡ıns. MMC commits to collecting data for the HMIS, per HUD regulat¡ons,
reitrictions, and requ¡rements; to adhere to the intake and file ma¡ntenance
requ¡rements; meet performanoe indicators and standards as detailed within this
applicat¡on for local and federalfunding; and provide allstatistical reports as mandated
through this funding. We will continue to be an adive member of the Fresno Madera
Contiñuum of Care (FMCoC) collaborative; and will participate in the Coordinated
Assessment and Housing Match syslem.
TT
UTHORIZING RESOLUTION
f Fresno, Housing and Community
Development Department & lhe Fregno Madera Gontinuum of Care,
issued a Notice of Funding Awilablllty underthe Emergengy
Solutions Grants (ESG) Program; and
B. MARJAREE MASON CENTER is a Private Non-Prof¡t
Corporation that is eligible and wishes to apply for and receive an
ESG grant; and
C. If MARJAREE MASON GENTER receives a grant
ftom the City of Fresno it certifies that all uses of the funds will be in
compliance with the ESG Regulations and Contract.
NOW THEREFORE, BE tT RESOLVED TI|AT:
The Board of Directors of
authorizes
to execute all required certiñcations, apply for and accept the Cþ of
Fresno Emergency Solutions Grant in the amount of not more than
$1gIP99 and to sign the Standard Agreement, any subsequent
amendments thereto, with the Clty of Fresno of not more than
t1g5r99QQQ -, as well as perform any and all responsibillties in
relationship to such contract.
PASSED AND ADOPTED this 21st Day of*lg!y, 2015
by the following vote:
AYES:IQ
NOES:
ABSTENTIONS:
ABSENT:
1600 M Stre€t
Fresno, CA 93721
main:559-237-47O6
lax:559-?37-O42O
w!ìrw,mmcenter.org
and Tltle çl Approvlng Alfiær
(Choírperson orSecretory - Notthe Authorized
ßepresentotive)
EXHIBIT B
See attached
Morjoree Moson Center City of Fresno ESG 2015
0t oGET PnoPOs t - clrY 0t FRtSllo tsc
slx 16) MoilrH SUDGET PRoPOS t
M¡riarec M¡son Centtr, Inc.
MMC - ÉSG 2015
ORGANIZATIOII NAMT
PROJECT Î{AME
ESG ACnVfrV
T0TATBUDGET CITYISGlunds
lorthis pro3ram proporcd
C¡fY ESG ñ¡ndt COUI{TY tSG funds
prcriourly lrwrdcd, rcguerled,
¡w¡ddlorthis ort¡p.ct(dllorlhb Mrtchin3fundslor
proSram ptoÍam this Program
Sourcc(s) ol mtching
funds lor this program
50 FTE Client Services Advocate 5352.075.43 Ss,zse.oo s0.0c So.oo s64.9s6,0(
)alfomia Offne d
imergency Se+íæs-
)omestic Violence
imerçncy Prqram, Blue
ìhhld of Califomia
leoãirs and Maintenance $42,302.0(s27,000.0(So.oc So.ot s0 0(
[elephone Expense 517,633.0(s9.000.0(9o.oc So.oo 5o,oc
nsufance Ex0ense s147s0.0c S7,2oo.o(So.ot s0.u s0 0(
Jtilities ExDense 52B,3Bs.o(5r2,ooo.o(5o.oc 50"æ s0.0(
loþt tùcet ouùeoch/ ¿mugcncl shellct 54ss,145.4!s64.9s6.00 s0.0(s0.0t s64,e56.0(
Homclc¡¡nc¡ Prcvcnlion
Homcþtsncs¡ P?cY.nlion' Hou¡in3
& 5t¡bilir¡tion
llomctc¡¡nc¡¡ Prevcnlion- Tcn¡nt Based
Ranl¡l ß¡l¡t¡¡nce
lolsl hom¿lcssnes¡
R¡oid l+Housin¡
Rrpid R+llousin¡ - Hous¡ng Rrloß¡l¡on &
Sr¡bill¡¡tlon
;ecuritv Depos¡t Slo8,ooo.oc 5ls,000.0(s0.0c So.m Ss6.399.0c .Eary Foundation, lsnardi
:oundation, Counly Family
itabilization Plan, Fræno
leg'ond Foundation, Kaisr
est Month's Rent 521,ooo.oc s19.000.0t s0.0e So,oo $o.o(
Jtfitiv 0eoosit s2.000.0c s2,000.0(5o.ot So.oc $o.u
ihort-term rental ass¡stânce S60,ooo.oc Ssz,ooo.or So,oc so o{So ot
50 FfE Case ManaRer S77,9s3.0c s9.2s2.00 So.oc 5o.oc 54s,8s3.0c
termanenle, and
rnrælicted donations,
qdn¡nlstralit/e costs up to 2.5% of ESG
iunds requested for program act¡vities 538.750.0C S4.u9.oo $o.oc 5o.oo S4,t79,ot
rol t Atl, fSG Actluiti.r in lhb 8t oGEf S762,848.43
I
s171.387.001 s0.0c Sooc s171,387.0(
12
Morjoree Moson Center City of Fresno ESG 2015
EXPLANATION OF OTHER ESG FUNDS
lf your organization has been awarded ESG funds from the City or County of Fresno for activities that
will be implemented during the period September 1,2015 to March 1, 2016, please expla¡n how those
funds will be used to pay for costs associated with this program (shown above), or for other program
costs during this period:
The Marjaree Mason Center has not been awarded any funds from the City or Gounty of Fresno
for activities that will be implemented during this time period. All current funds from the City
will be expended by August 15,2015.
lf your organization has requested or expects to apply for ESG funds from the County of Fresno for
activities that will be implemented during the period September 1,2015 to March 1,2016, please
explain how those funds will be used to pay for costs associated with this program (shown above), or
for other program costs:
The Mafaree Mason Center does not intend to apply for any County of Fresno ESG funds.
EXPLANATION OF MATCHING FUNDS
Please describe the sources and used of matching funds. lf matching funds will be used to pay for
costs that are not included in the budget above, please clearly describe the costs and activities that will
be supported with those matching funds:
(Emergency Shelter) The Marjaree Mason Center will match $61,579 of City ESG funds with
funds from our grant from the Galifornia Office of Emergency Seruices- Domestic Violence
Assistance Program (OVAP) grant. Funds will be matched with the salaries from the State
portion of the DVAP grant. We will also use $5,000 from our Blue Shield of California
unrestricted grant to match the Gity ESG. (Rapid Rehousing)- Match will be provided by use of
funds from donations from Fresno Regional Foundation, County of Fresno Family Stabilization
Program, Kaiser Permanente, lsnardi Foundation, Legacy Foundation and a cash match from
unrestricted donations.
13
EXHIBIT C
Homeless Services Report
See attached
PRC 1.0/1047-04
C¡tv olEt¡Eêl,lSrZf ffEÐi??¿rS EXHlBtr c
EMERGENCY SHELTER G RANT
HOMELESS SERVICES QUARTERLY REPORT
of Organizalion:Period Covered by Reporl:
Description of Services:
Meals Shelter
Cíty:State:Zip Code: I Term of ContracUAgreemenl:
Phone Number:
Programs and Service(s):
Emergency Shelter Facilit¡es
Vouchers for Shelters
Drop-in Center/Food Pantry
Mental Health
Alcohol/Drug Program
Child Care
Other
Transitional Housing
Outreach
Soup Kitchen/Meal Diskibution
Health Care
HIV/AIDS Services
Employment
Homeless Prevenlion
Children
% Females
Enter Approximate Percentages (round to lhe nearest whole number e.g, 48.2%=48% or 23.7o/c241
Unaccompanied l8 and over
Unaccompanied under 18
% Males %Females
Familles wlth Ghildren Headed bY:
Residential Services:
Average number served dailY:
Single 18 and over
Youlh 18 and under
Two patents 18 and over
Two parents under 18
Fam¡li€s w¡th no children
Adutß
% Males
%Male
% Male
%Male
% Male
% Male
_% Female
_% Female
On an average day the percentage of the population served who are:
% Battered Spouse
% Runaway/Throw Away Youth
% Chronically Menlally ILL
% Developmentally Disabled
% HIV/AIDS
% Alcohol Dependenl lndividuals
Shelter Type; Number of persons housed
Barracks
% Female
% Female
% Female
% Drug Dependent lndividuals
% Elderly
% Veterans
% Physically Disabled
% Othe¡
Single Room Occupancy
Mob¡le Home/Tra¡ler
Hotel/Motel
Other
Group/Large House
Scattered Site Apartment
Single Family Detached House
Aoe Levels
)-5
i12
13-17
1 8-34
l5-54
;5-59
ìG.64
ì5+
Jnknown
fotel
Organization:Reporting Period:
Gender
Male
;emale
Iotal
y'eterans
rersons w/ Disabilities
Cuarler:
lotal Meals
lolal Sheller Niohts
Year to Date:
fotal Meals
fôtal Shelter Niohls
Race
Total Pe¡sons Hispanic Persons
r¡Vhite
3lacUAfrican American
Asian
Amer- lndian/Alaska Native
Native Hawa¡ian/Other Pacific lslander
{mer- lndian/Alaskã Net. & White
\sian & White
3lacUAfrican Amer. & White
Amer. lndian/Alaska Nat. & Black Afr¡can Amer¡can
rolAt
lllatching Funds Report (ESG requires a l:1 match). The following are the sources ol the egency'! m¡tch:
Source(s): Amounl
1$
2
3
4
5
6
7
B
Totat $
Signature of the Aulhorized Agent or Ofncer:
PrinVType Name:Job Title:
EXHIBIT D
Gonsultant Service Agreement "Between" Gity of Fresno
And Marjaree Mason Center
Emerqencv Solutions Grant
PROJECT TITLE
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of lnsurance Services Office (lSO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage
for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations (including the use of owned
and non-owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemni$ obligations
under the Agreement) with limits of liability not less than those set forth
under "Minimum Limits of lnsurance."
2. The most current version of ISO *Commercial Auto Goverage Form CA
00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence form
and shall provide coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1- Any Auto). lf personal
automobile coverage is used, the CITY, its officers, officials, employees,
agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession. Architect's and engineer's coverage is to
be endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to
CITY, its officers, offìcials, employees, agents and volunteers as additio¡al insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property
damage;
PRC 1.0/10-07-04
(ii) $1,000,000 per occurrence for personal and advertising
rnJury;(¡¡¡) $2,000,000 aggregate for products and completed
operations; and,(¡v) $2,000,000 general aggregate applying separately to the
work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
oR*
PERSONAL AUTOMOBILE LIABILIW insurance with limits of liability
not less than:
(¡) $100,000 per person;
(¡¡) $300,000 per accident for bodily injury; and,
(¡¡¡) $50,000 per accident for property damage.
3. WORKERS'C as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(¡) $1,000,000 each accident for bodily injury;(i¡) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(¡) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
ln the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the 'Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). ln addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officêrs, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF.INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared on the Certificate of Insurance, and approved by, the CITY'S Risk Manager
PRC 1.0/10{7-04
or his/her designee. At the option of the CITY'S Risk Manager or his/her designee,
either:
(¡) The insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its otficers,
officials, employees, agents and volunteers; or
(¡¡) CONSULTANT shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or
self-insured retentions.
OTHER INSURANCE PROVISIONS'ENDORSEMENTS
are to contain, or be
endorsed to contain, the following provisions:
CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations
by use of ISO Form CG20 101185 or both CG20 10 1001 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional lnsured.
For any claims related to this Agreement, CONSULTANT'S insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees,
agents and volunteers shall be excess of CONSULTANT'S insurance and
shall not contribute with it. CONSULTANT shall establish primary and
non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO
Form CG 20 01 0413.
The Workers' Compensation insurance policv is to contain, or be endorsed to contain,
the following provision: CONSULTANT and its insurer shall waive any right of
subrogation against ClTY, its officers, officials, employees, agents and volunteers.
is written on a
claims-made form:
1.
2.
PRC 1.0/10-07-04
1. The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement work
or termination of the Agreement, whichever occurs first, or, in the
alternative, the policy shall be endorsed to provide not less than a five (5)
year discovery period.
3. lf coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date
of the Agreement or the commencement of work by CONSULTANT,
CONSULTANT must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of the Agreement work or
termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. CONSULTANT is also responsible for providing written notice to the
CITY under the same terms and conditions. Upon issuance by the insurer, broker, or
agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,
CONSULTANT shall fumish CITY with a new certificate and applicable endorsements
for such policy(ies). ln the event any policy is due to expire during the work to be
performed for CITY, CONSULTANT shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than fifteen (15) calendar
days prior to the expiration date of the expiring policy.
VERIFICATION OF COVERAGE
CONSULTANT shall fumish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY'S Risk Manager or his/her designee prior
to CITY'S execution of the Agreement and before work commences. All non-lSO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately
furnish City with a complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the undenvriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
PRC 1.0/10-07-04
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emeroencv Solutions Grant
PROJECT TITLE
YES*NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
n
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
n
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
!
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
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?tr
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
* lf the answer to any question is yes, please explain in full below.
Explanation:
Marjaree Mason Center
1600 M Street
Fresno, CA93721
! Additional page(s) attached.
PRC 1.0/10{7-04
ÈTI14 ORrcINAL
AGREEMENT !i;i,r f-:.,,'i.:;--l'i'i
Emergency Solutions Grant /
¡t; I r,t I ,i 'í
THIS AGREEMENT is made and entered into the lst day of September,2015
by and between the CITY OF FRESNO, a California municipal corporation ("Cl-f\ '), and
"Marjaree Mason Cente/', California, lnc., a California 501(c)(3) nohfor-profit
Corporation ("REC|P|ENT"). CITY and RECIPIENT are sometimes hereinafter refened
to individually as a Party and collectively as Parties.
CITY has received a grant commitment from the United States Department of
Housing and Urban Development ("HUD") to administer and implement the Emergency
Solutions Grant in the City of Fresno in accordance with the provisions of 24 CFR Part
576 et seq. and California law.
The purpose of the ESG grant is to provide assistance to the homeless and
those at risk of becoming homeless to quickly regain stability in permanent housing after
experiencing a housing crisis and/or homelessness within the city.
Then CITY issued a Notice of Funding ('NOFA') to solicit cost proposals with
specific plans to provide eligible ESG services ('Scope of Work").
ln response to the NOFA, RECIPIENT submitted a Proposal which included a
Scope of Work and cost proposal ("Budget") as described in Exhibits A and B
respectively and represents it is capable and qualified to meet all the requirements of the
NOFA and this Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions and premises hereinafter combined to be kept and performed by the
respective Parties, it is mutually agreed as follows:
ARTICLE I
DEFINITIONS. Wherever used in this Agreement or any of the contract
documents, the following words shall have the meaning herein given, unless the context
requires a different meaning.
'ACT" - 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant
and Consolidated Plan Conforming Amendments lnterim Rule , published in the Federal
Register on December 5,2011 (76 Fed. Reg. 75954).
"Administrato/' and "Contract Administrator" shall mean the Manager of the
Housing and Community Development Division of the Development and Resource
Management Department of City or his or her designee.
"Bid Proposal" and 'Proposal" shall mean RECIPIENT's response to the NOFA
including but not limited to the Budget, Scope of Work, certifications and all attachments
and addenda.
"Budget" shall mean RECIPIENT's Cost Proposal submitted with the B¡d
Proposal.
PRC 1.0/10-07-04
"City Manager" shall mean the City Manager of CITY.
"Contract" or "Contract Documents" shall mean and refer to this Agreement
including its exhibits and the NOFA and Bid Proposal with all attachments and addenda
thereto.
.ESG" shall mean Emergency Solutions Grant as set forth in the ACT.
"General Conditions" or "General Requirements" shall mean the General
Requirements contained in the NOFA.
"Program" shall mean 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 ESG Policies and Procedures.
"Program income" for the specific purpose of this Agreement shall be as defined
in the ACT. Unless othenrise provided for in the ACT, program income shall include any
and all gross income eamed by or accruing to RECIPIENT in its pursuit hereof provided
that the term program income does not include rebates, credits, discounts or refunds
realized by RECIPIENT in its pursuit hereof.
"NOFA' shall mean the Notice for Funding Available issued on July13, 2015
soliciting for proposals to provide; street outreach & emergency shelter; homelessness
prevention assistance to households who would otherwise become homeless;
assistance to rapidly re-house persons who are homeless; and related grant
administration (up lo 2.5o/o of award).
"Scope of Services or Services" shall mean those services submitted with
RECIPIENT's bid proposal to be offered in fulfillment of the Program and included in
Exhibit A.
1. Contract Administration. This Agreement including all the Contract
Documents shall be administered according to the order of precedence set forth herein
for CITY by Administrator who shall be RECIPIENT's point of contact and to whom
RECIPIENT shall report.
2. Scope of Services. RECIPIENT shall provide the Program in
conformance with the Contract Documents and perform to the satisfaction of CITY those
services set forth in Exhibit A and services necessarily related or incidental thereto even
though not 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 the Agreement. Services of RECIPIENT shall commence as of September
1,2015 and shall end June 30, 2016, which shall be the term of this Agreement, unless
terminated earlier as provided herein.
4. Comoensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed One Hundred and Twen$ Five Thousand, Two Hundred
PRC 1.0/10-07-04
and Ninety Nine Dollars and Zero Cents ($125,299.00) for satisfactory performance of
the services rendered therefore and as set forth in Exhibit B attached hereto and
incorporated herein. Compensation is based on actual expenditures 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 fail to comply with any
provisions of this Agreement, CITY shall be relieved of its obligation for further
compensation.
(a) Payments shall be made by the CITY to RECIPIENT in arrears,
for services provided during the preceding month. Such payment by City shall be made
in the normal course of business, generally within forty fìve (45) days after the date of
receipt by CITY of a correctly completed invoice in accordance with the provisions of this
paragraph, and shall be for the actual expenditures incurred by RECIPIENT in
accordance with Exhibit B. Payments shall be made after receipt and verification of
actual expenditures. All invoices are to be submitted CITY at the address given for
notices on the signature page hereof or at such address the CITY may from time to time
designate by written notice.
(b) The Administrator may, in his or her sole discretion, agree in
writing to revise the payment schedule in subsection (a), above, upon RECIPIENT's
showing that such will facilitate delivery of the services; provided, however, that total
payments under this Agreement shall not exceed the total amount provided for in
subsection (a), and any amounts advanced are authorized and appropriated for that
fiscal year of the CITY covering the period for 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 of this Agreement. Any interest thereon must be credited to or returned to
CITY. Upon any dissolution of RECIPIENT, all funds advanced pursuant to this
Agreement and not expended shall be returned to CITY.
(d) CITY will not be obligated to make any payments under this
Agreement if the request for payment is received by the CITY more than 60 days after
the date of termínation 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 othenrise made unavailable to CITY whether earned or
promised to RECIPIENT and/or should CITY in any fiscal year hereunder fail to
appropriate said funds, CITY shall not provide said funds to REGIPIENT unless and until
they are made available for payment to CITY by HUD and CITY receives and
appropriates said Funds. No other funds owned or controlled by CITY shall be obligated
under this Agreement to the project(s). Should sufficient funds not be appropriated, the
Services provided may be modified, or this Agreement terminated, at any time by the
CITY as provided in section 9 below.
(f) RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 (a) ol this Agreement.
PRC 1.0/10-07-04
5. Matchino Funds Requirements of RECIPIENT: RECIPIENT agrees to
match all ESG fundíng disbursed to it by CITY on a dollar for dollar basis. Donated
funds, material and labor may be used as matching funds. Time contributed by
volunteers shall be calculated at the rate of $5 per hour. RECIPIENT shall determine
the value of donated material or building space using a method based on fair market
value. Other federal funds may be used as matching funds unless expressly prohibited
by law or contract. Unless otherwise provided by applicable law or contract, matching
funds shall be applied in furtherance of the Scope of Work hereunder. To qualifv
matchino funds as such thev must be aoolied in furtherance of the services hereunder.
6. Loss of Third Partv Fundino: ln the event any funding provided by a party
other than CITY for the Program or services being performed by RECIPIENT is
suspended, reduced or withdrawn, then Administrator may suspend this Agreement
immediately upon its receipt of notice thereof, or terminate this Agreement as provided in
Section 9 below. RECIPIENT shall notify CITY in writing within 7 days if any of the
following events occur:
(a) Suspension, reduction or withdrawal of RECIPIENT'S funding by
other funding source(s).
(b) Addition or resignation of any of RECIPIENT'S Board of Director
members.
(c) Resignation or termination of any of RECIPIENTS staff, including
those staff not funded by this Agreement but essential to the delivery of the services
listed in Exhibit A.
(d) The Administrator may, in his or her sole discretion, stay such
suspension of the Agreement for a period not to exceed 30 days to allow RECIPIENT to
either (i) submit a new service or funding plan for evaluation by Administrator who may
accept or reject in his or her sole discretion, or (ii) complete an orderly phase out of
servíces. lf the Administrator accepts such new service or funding plan, then such plan
will be subject to the requirements in Section 14 below.
7. Disoosition of Prooram lncome. Absent the GITY's written consent, any
program income generated hereunder shall be used to reduce the CITY's
reimbursement obligations hereunder, or in the absence thereof promptly remitted
entirely to the CITY.
8. Events of Default. When in the opinion of CITY, there is an occurrence of
any one or more of the following provisions it will represent an Event of Default for
purposes of this Agreement.
(a) An illegal or improper use of funds.
(b) A failure to comply with any term, covenant or condition of this
Agreement.
(c) Report(s) are submitted to CITY which are incorrect or incomplete
in any material respect.
PRC 1.0/10-07-04
(d) The services required hereunder are incapable of or arc
improperly being performed by recipient.
(e) Refusal of RECIPIENT to accept change under Section 16
(f) RECIPIENT fails to maintain any required insurance.
(g) There is a loss of third party funding (see Section 6 above).
(h) RECIPIENT files, or has filed against it, a petition of bankruptcy,
insolvency, or similar law, state or federal, of filing any petition or answer seeking,
consenting to, or acquiescing in any reorganizatíon, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief, where such petition shall not have
been vacated within fourteen (14) days; or if adjudicated bankrupt or insolvent, under
any present or future statute, law, regulation under state or federal law, and judgment or
decree is not vacated or set aside within fourteen (14) days.
(¡) RECIPIENT's failure, inability or admission in writing of its inabili$
to pay its debts as they become due or RECIPIENT's assignment for the benefit of
creditors.
(j) A receiver, trustee, or liquidator being appointed for RECIPIENT
or any substantial part of RECIPIENT'S assets or properties, and not removed within ten
(10) days.
(k) RECIPIENT's breach of any other material condition, covenant,
warranty, promise or representation contained in this Agreement not otherwise identified
within this Section.
L Termination and Remedies.
Upon the occurrence of an Event of Default, CITY shall give written notice
RECIPIENT of the Event of Default by specifying (1) the nature of the event or deficiency
giving rise to the default, (2) the action required to cure the deficiency, if, in the sole
discretion of CITY, any action to cure is possible, and (3) if the Event of Default is
curable, a date, which shall not be less than thirty (30) calendar days from the date of
the notice, by which such deficiency must be cured, provided, however that if such
failure cannot be remedied in such time, RECIPIENT shall have an additional thirty (30)
days to remedy such failure so long as RECIPIENT is diligently and in good faith
pursuing such remedy.
(a) This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT
and a failure to cure said Event of Default within the time specified in the notice of Event
of Default; (ii) 7 calendar days prior written notice without cause by CITY to RECIPIENT;
(¡¡i) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during
any CITY fiscal year of this Agreement, or insufficient funding for the services provided
by RECIPIENT; or (iv) expiration of this Agreement.
(b) lmmediately upon any termination or expiration of this Agreement,
RECIPIENT shall(i) immediately stop allwork hereunder; (ii) immediately cause any and
PRC 1.0/10-07-04
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 ¡t is determined that CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(d) ln no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may
then exist on the part of RECIPIENT, nor shall such payment impair or prejudice any
remedy available to CITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of RECIPIENT the
repayment to CITY of any funds disbursed to RECIPIENT under this Agreement which,
in the judgment of CITY, were not expended in accordance with the terms of this
Agreement, and RECIPIENT agrees to promptly refund any such funds within 10 days of
CITY'S written demand.
10. lndemnification.
To the furthest extent allowed by law, RECIPIENT shall indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and volunteers
from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether
in contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage), and from any and all claims, demands and actions in law or
equity (including reasonable attorney's fees and litigation expenses) that arise out of,
pertain to, or relate to the negligence, recklessness or willful misconduct of RECIPIENT,
its principals, officers, employees, agents or volunteers in the performance of this
Agreement.
lf RECIPIENT should subcontract all or any portion of the services to be
performed under this Agreement, RECIPIENT shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive expiration or termination of this Agreement.
11. lnsurance.
(a) Throughout the life of this Agreement, RECIPIENT shall pay lor
and maintain in full force and effect all insurance as required in Exhibit D or as may be
authorized in writing by CITYS Risk Manager or his or her designee at any time and in
his or her sole discretion.
PRC 1.0/10-07-04
(b) lf at any time during the life of the Agreement or any extension,
RECIPIENT or any of its subcontractors fail to maintain any required insurance in full
force and effect, all services and work under this Agreement shall be discontinued
immediately, and all payments due or that become due to RECIPIENT shall be withheld
until notice is received by CITY that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory
to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY
to terminate this Agreement. No action taken by CITY pursuant to this section shall in
any way relieve RECIPIENT of its responsibilities under this Agreement. The phrase
"fail to maintain any required insurance" shall include, without limitation, notification
received by CITY that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by RECIPIENT shall not be
deemed to release or diminish the liability of RECIPIENT, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify CITY
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by RECIPIENT. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of
RECIPIENT, its principals, officers, agents, employees, persons under the supervision of
RECIPIENT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors,
or anyone employed directly or indirectly by any of them.
(d) Upon request of CITY, RECIPIENT shall immediately furnish CITY
with a complete copy of any insurance policy required under this Agreement, including
all endorsements, with said copy certified by the underwriter to be a true and correct
copy of the original policy. This requirement shall survive expiration or termination of
this Agreement.
(e) lf RECIPIENT should subcontract all or any portion of the services
to be performed under this Agreement, RECIPIENT shall require each subcontractor to
provide insurance protection in favor of CITY and each of its officers, officials,
employees, agents and volunteers in accordance with the terms of this section, except
that any required 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. Reoorts and lnsoection.
(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
PRC 1.0/10-07-04
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
RECIPIENT's fiscal year end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110
tJniform Administrative Requirements for Grants and Other Agreements with lnstitutions
of Higher Education, Hospifals, and Other Non-Profit Organizations.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
(1) RECIPIENT shall send all required reports to the
Administrator not later than the fifteenth of the month following the last day of the
latest month for which the report is due.
(2) Except as otherwise authorized by GITY, RECIPIENT shall
retain such records for a period of five (5) years after receipt of the final payment
under this Agreement or the earlier termination of this Agreement, whichever
occurs later.
RECIPIENT is to prepare written financial statements, and
completed Homeless Services Report, each in the form attached hereto as
Exhibit G incorporated herein, each covering matters pertaining to the Scope of
Services contained in Exhibit A, to be submitted to GITY no later than the
thirtieth (30th) of the month following the end of each quarter hereunder for the
duration hereof, absent City's prior written consent in cases of unusual
circumstances as determined in the sole discretion of the CITY.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, vouchers, orders, or any other accounting documents
pertaining in whole or in part to this Agreement and they shall be clearly identified and
readily accessible to CITY.
(c) During the life of this Agreement and for a period of five (5) years
after receipt of the final payment under this Agreement or the earlier termination of this
Agreement, whichever occurs later, RECIPIENT shall, at any time during normal
business hours and as often as CITY and/or HUD or the authorized representative of
either CITY or HUD may deem necessary, make available to them or any one of them,
within the City of Fresno, such statements, records, reports, data and information as
they may request pertaining to matters covered by this Agreement and permit them or
any one of them to audit and inspect all records, invoices, materials, payrolls, records of
personnel, conditions of employment, and other data relating to all matters covered by
this Agreement. RECIPIENT shall also permit and cooperate with on-site monitoring
and personal interviews of participants, RECIPIENT'S staff, and employees by
Administrator and other CITY andlor HUD representatives.
PRC 1.0/10-07-04
(d) The RECIPIENT is required to participate in the Fresno Madera
Continuum of Care ("FMCoC"). Participation is defined as attendance at a minimum of
75o/o of all FMCoC Director's meetings.
(e) The RECIPIENT is required to collect and report clienþlevel data
in a database comparable to the local Homeless Management lnformation Systems
("HM|S') run by the Housing Authorities of the City and County of Fresno through a
Memorandum of Understanding with the FMCoC or a data base that complies with any
special requirements which may be developed by HUD for legal services or domestic
violence victim service RECIPIENTS as pre-approved by the CITY. Reporting in a
database comparable to HMIS is a requirement of ESG funding. The comparable
database will be maintained by the RECIPIENT and used to collect data and report on
outputs and outcomes as required by HUD. RECIPIENT is required to enter all client
intakes, provide regular updates and exit all clients once services are completed. As
applicable, RECIPIENT must enter the following information in the comparable database
for federal reporting purposes:
1) Name
2) SocialSecurityNumber
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
I 1) Housing Status
12) Program Entry Date
13) Program Exit Date
14) Personal ldentification Number
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 clienþlevel information to
remain confidentíal, they will be required to establish a comparable clienþlevel database
internal to its organization (e.9. no identifying data shared with the HMIS or the CITY and
will provide only aggregate data to the CITY as required). RECIPIENT will work with the
HMIS administering agency, as an agent of the FMCoC, to determine that the alternative
database meets the standards Íor comparable client-level databases, including
compliance with the HMIS Data and Technical Standards which are acceptable to HUD
and the CITY.
PRC 1.0/10-07-04
(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 Tíme 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 CITYs
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 anangement made by RECIPIENT, by whatever
name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall
complete a 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 CalÍfornia Political Reform Act (California Government Code Section 87100 et
seq.) and the regulations of the Fair Political Practices Commission concerning
disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).
At any time, upon written request of CITY, RECIPIENT shall provide a written opinion of
its legal counsel and that of any subcontractor that, after a due diligent inquiry,
RECIPIENT and the respective subcontractor(s) are in full compliance with all laws and
regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts
giving rise to the appearance of a conflict of interest, RECIPIENT shall immediately
notify CITY of these facts in writing.
PRC 1.0/10-07-04
(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 CITY body or within one year of their termination therefrom. This
requirement may be waived in writing by the City Manager, if no actual or potential
conflict is involved.
(d) RECIPIENT represents and warrants that it has not paid or agreed
to pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure
this Agreement or any rightsibenefits 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 GFR Part 35
and 24 CFR 982.4010). ln this regard RECIPIENT shall be responsible for all
inspection, testing and abatement activities.
(a) The requirements, as applicable, of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations al24 CFR
Part 35. ln addition, the following requirements relating to inspection and abatement of
defective lead-based paint surfaces must be satisfied: (1) Treatment of defective paint
surfaces must be performed before final inspection and approval of the renovation,
rehabilitation or conversion activity under this part; and (2) Appropriate action must be
taken to protect shelter occupants from the hazards associated with lead-based paint
abatement procedures.
(b) The RECIPIENT agrees to comply with all applicable
requirements of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as
amended and HUD implementing regulation 24 CFR Part 8.
(c) RECIPIENT agrees to comply with the federal requirements set
forth in 24 CFR Part 5, except as explicitly modified below, and use of emergency
shelter grant amounts must comply with the following requirements: (a)
Nondiscrimination and equal opportunity. The nondiscrimination and equal opportunity
requirements at 24 CFR Part 5 are modified as follows:
(i) Rehabilitation Act requirements. HUD's regulations at 24
CFR Part 8 implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as
amended. For purposes of the emergency shelter grants program, the term dwelling
unifs in 24CFR Part I shall include sleeping accommodations.
(¡¡) 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 estabtish additional procedures that will ensure that such persons are
PRC 1.0/10-07-04
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 CITY, and Nos. A-110 and A-122 as they relate to the
acceptance and use of emergency shelter grant amounts by private nonprofit
organizations.
(d) The RECIPIENT will be responsible for all aspects project contract
award and management including the advertising for bids and shall award the contract to
the lowest responsible and responsible bidder. The RECIPIENT shall verify with the
Labor Relations and Equal Opportunity Division of the HUD Area Office that the low
bidder has not been debarred or suspended from participating in federal projects.
(e) RECIPIENT warrants, covenants and agrees that it shall perform
the Services in a manner that does not engage in inherently religious activities and that
does not engage in any prohibited activities described in 24 CFR 576.23. Without
limitation, RECIPIENT shall not unlawfully discriminate on the basis of religion and shall
not provide religious instruction or counseling, conduct religious services or worship,
engage in religious proselytizing, or exert other religious influence in pursuit hereof.
Subject to the foregoing, RECIPIENT does not intend to utilize ESG funding to construct,
rehabilitate or convert facilities owned primarily by religious organizations or to assist
primarily religious organizations in acquiring or leasing facilities to the extent prohibited
in 24 CFR 576.23.
(f) RECIPIENT shall perform the Services in compliance with, and
not to cause or permit the Services to be in violation of, any existing or future
environmental law, rule, regulation, ordinance, or statute. RECIPIENT agrees that, if
CITY has reasonable grounds to suspect any such violation, RECIPIENT shall be
entitled to 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, DC 20410.
17. 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 Parl 24, which contains the
PRC 1.0/10{7-04
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 Califomia 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, prevailíng wage
subcontractor listing, or similar or different matters. RECIPIENT further acknowledges
that the CITY shall not be liable or responsible at law or in equity for any failure by
RECIPIENT to comply with any such laws, regardless of whether the City knew or
should have known of the need for such compliance, or whether the CITY failed to notify
RECIPIENT of the need for such compliance.
(0 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,
PRC 1.0/1047-04
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.
(¡¡i) 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
PRC 1.0/10-07-04
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. Coovriohts/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 royal$-free, nonexclusive, irrevocable and assignable license to
reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted
material and all materialwhich 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
services, employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, RECIPIENT agrees as follows:
(a) RECIPIENT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
PRC 1.0/10-07-04
(b) RECIPIENT will not discriminate against any employee or applicant
for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
RECIPIENT shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physicaldisability, mentaldisabili$, medicalcondition, 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 thís 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 oríentation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era.
(d) RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT'S commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
26. lndeoendent Contractor.
(a) ln the furnishing of the services provided for herein, RECIPIENT is
acting as an independent contractor. Neither RECIPIENT, nor any of its officers, agents
or employees shall be deemed an officer, agent, employee, joint venture, partner or
associate of CITY for any purpose. CITY shall have no right to control or supervise or
direct the manner or method by which RECIPIENT shall perform its work and functions.
Hówever, CITY shall retain the right to administer this Agreement so as to verify that
RECIPIENT is performing its obligations in accordance with the terms and conditions
thereof.
(b) This Agreement does not evidence a partnership or joint venture
between RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY
absent CITY'S express written consent. Except to the extent otherwise provided in this
Agreement, RECIPIENT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, RECIPIENT
and its officers, agents and employees shall have absolutely no right to employment
rights and benefits available to CITY employees. RECIPIENT shall be solely liable and
responsible for providing to, or on behalf of, its employees all legally required employee
benefits. ln addition, RECIPIENT shall be solely responsible and save CITY harmless
from all matters relating to payment of RECIPIENT'S employees, including, without
limitation, compliance with Social Security withholding, and all other regulations
PRC 1.0/10-07-04
governing such matters. lt is acknowledged that during the term of this Agreement,
RECIPIENT may be providing services to others unrelated to CITY or to this Agreement.
27. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as
the parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
28. 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. Assionment.
(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 REGIPIENT,
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. Governino 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.
PRC 1.0/10-07-04
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. lnteroretation. 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 eartier; (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.
iltill
PRC 1.0/10-07-04
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
Marjaree Maggn Center
By:
Ci$ Manager
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:ç/t¿//5
By:
(Attach Notary of Acknowledgement)
Date:
Name:
Title:
(Attach Notary Certificate of Acknowledgement)
Date:
RECIPIENT:
Marjaree Mason Center
Attention: Genelle Taylor Kumpe
Phone: 559-237-4706
FAX: 559-237-0420
Addresses:
CITY:
City of Fresno
Attention: Bruce Rudd, City Manager Address: 1600 M Street Fresno, CA93721
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 - Insuraribe Requirements4. Exhibit E - Conflict of lnterest Disclosure Form
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
PRC 1.0/10-07-04
CALIFORIIIA ALL.PURPOSE ACKiIOWLEDGMENT crvrL coDE s 1r89
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this cerlificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
Kathervn Cornell, Notarv Public
County of Fresno
On September 16r20i5 beforeme,
Date
personally appeared
Here lnse¡1 Name and Title of the Officer
:k:k*:k:k:kl¡UCe RUdd******
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personþ) whose nameþ) i
subscribed to the within instrument and acknowledged to me that he/ executed the same in
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALW OF PERJURY under the taws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and officialseal.
Signature
Place Notary Seal Above
OPTIONAL
Though fhrs section is optional, completing this information can deter atteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document Agreement Emergency Solutions Grant
or Type of Document:l4afj¿¡_e_e Mason Center Document Date:
Signe(s) Other Than Named Above:
Capacity(ies)
Signer's Name:
lCorporate Officer - Title(s):- Title(s):
i I Partner - n Limited [] General n Limited i lGeneral
I lndividual n Attorney in Fact E Attorney in Fact
i-l Trustee fi n Trustee
u Other:
ian or Conservator
[] Other:
Signer lg Signer ls Representing:
IüIHERYÌ{ CORIIEIT
Commbrþn tm{flilT
tlot*y puutc - C¡ilfonla
@2014 National Notary Association . www.NationalNotary.org . 1-800-US NOTARY (1-800-876-6827) ltem #5907
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.
State of C
County of
on fiutuEt Lb , Cnlv before me,LtuÊt ?. v6vyL
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(
subscribed to the within instrument and acknowl e inh ir authorized capacity(ies), and thatp or the entity upon behalf of which th
I certiñ7 under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal.
Signature
(insert name and title of the officer)
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement "Between" C¡ty of Fresno
and Marjaree Mason Genter
Emerqencv Solutions Grant
PROJECT TITLE
PRC 1.0/10-07-04
(Limit narrative ûo two Pagosl
please describe the project in detail including eligible activities, target populations, services
to be provided, number of participants to be served, timelines/project schedule/program
outcomes.
Marjaree Mason Center (MMC) will provide emergency shelter to 200 unduplicated persons
av¡ng no other safe hous¡ng alternative due to
dition, MMC will provide Rapid Re-housing -
erv¡ces (tenant-based) to 20 homeless
meless due to DV.
Specifically, the MMC Safe Hous
clothing, case management, and
families) of domestic violence in
hours a day/everyday. For safety reasons,
services ara proviâed-is confidentially located in Downtown Fresno. This cenlral, secure
location atlows viclims in Fresno to easily acoess the facility, even using public
transportation. The services we witl offer in conjunction with emergency housing and
supportive services include food, clothing, case managemer¡t, counseling, legal assistance,
parenting, life skilt Ps and l¡
agencies/programs. ncY shelter,
immediate and most ng need of
identify the longer term support and service needs;
an ¡nimed¡ate intake assessment and case management approach. Through case
management MMC witt address and link eligìble clients to available and appropriate
comm-unity and mainstream resources (SSl, Department of Rehab, Tanf, CalWORKs,
Veterans resources, Food Stamps...etc), to ensure greater opportunity of long-term housing
in which they can thrive.. Funding in the ernergency shelter components will include expenses relative to "Shelfer
Operalions" of the Sãte House facitity (utilities, supplies, insurance and maintenance) and
sóme 'essential senøces" to cover 2Çhou¡ staffing/intake assessment service costs'
Agency staffing for the MMC Safe House emergency shelter includes Case Managers,
Ci¡ent Services Advocates, and shelter lead, rship positions.
Additionally, MMC wilt provide Rapid Re-Housing-Housing Relocation and Stabilization
Services tirat will ensure necessary funding supports for homeless DV victims, primarily
those in our DV programs that we know are homeless due to fleeing DV and not in habitable
housing, Most families who have fled their home due to DV are unable to return safely to that
residence unless the abuser is in custody, wilhout fear oî future violence towards them and
their children. Absent assistance to get into their own housing through this program, many of
the families witl have no choice but to retum to the abusive violent home or to remain
hometess. Within this program MMC staff ensures etigibility guidelines, intake procedures,
and housing approvats per HUD guidelines; prior to program entry or ass¡stance being
provided. ftUOs Rent Reasonable Standard and Housing Qual'lty_ Slandards for unil
inspections will be applied when rentalass¡stance is to be provided. HMIS comparable data
w¡ll be collected and maintained, as allowable through VAWA.
o Grant funding will pay case management salary, rental application fees, security deposits,
last month's rent, utitity deposils, utility payments (up to &months in utili$ payment
anears), and moving costs.
4
. The MMC Safe House-emergency shelter will accept referrals of individuals and
families fleeing domestic violence and;
o Provide homeless housing to 200 unduplicated homeless referrals individuals and
adults with chltdren 24-hours per dayl 74ays per week; ensuring that beds are
available on a first-come, first serve basis within a 6-month period.
o MMC 24-hou¡ hotline will accept calls and referrals community-wide, including from
2-1-1; and either directly provide services and SPADT assessment or refer non-DV
homeless clients to the FMCoC MAP.
o Homeless referred to MMC for shelter will be provided an immediate assessment to
determine their needs (food, shelter, clothing, safety, medical, counseling, legal
assistance, etc.). The shelter, in compliance with the McKinney Homeless
Assistance Act, seryes battered women and their children; however, male victims of
DV are eligible for alternate housing services, including hotel vouchers.
o
however. needs fundinq to provide this level of service-
. 23 homeless persons who are not eligible for MMC shelter services will be provided
with referrals and/or transportation to alternate shelter services within the FMCoC
network of providers or the coordinated assessment housing process.
o ln adherence with the Emergency Solutions Grant intent
o Within 48-hours of admission, ongoing eligibility assessment will result in a
developed plan of care. 150 care plans will ensure health and safety issues are
addressed; long term plans, as applicable, will discuss direction toward income
achievement, emptoyment or education and long term housing stability.
. (65%) of the clienUfamilies with case plans will exit towards a permanent housing.
. g5 adults (lndividuals or head of household) in the emergency shelter or RRH
program, w¡ll ¡e assessed to ensure they are accessing (as appropriate) mainstream
resources and funding that they qualify for, and which will assist the clientlfamily in
ach ievin g self-sufficie ncy.
. (30%) of the adutts served (emergency shelter & RRH) will be referred to local
employment training and/or enrolled in CaIWORKs and placement programs in the
commünity. lt is important to note that case management services are initially focused
on the emotional well-being of the client and family, as their cause for homelessness
was initiated in a violent manner for them and their children.
. 20 RRH eligible clíen¡lfamilies will be provided with needed qualified funding to ensure
they are able to access permanent housing'
o 2O RRH househotds will be provided homeless assistance supports, coaching, and
service liñkages to assist them in maintaining permanent housing.
. MMC does not discriminate in providing of seryices, and also accepts all walk-in or
self-referred clients for assessments and services as appropriate; and accepts DV
victims who are fleeing their home and referred through the MAP program.
(Limit narrative to two Pagesf
Describe how the project will meet the program policies and priorities.
The primary target populations for MMC ESG services are individuals and families who
are def¡ned as homeless by the Department of Housing and Urban Development (HUD)
24 CFR Parts 91 , 582, and 583 regulations, specifically those fleeing/attempting to flee
domestic violence. Marjaree Mason Center has a thorough understanding of the Emergency
Solutions Grant (ESG), and the City and FMGoC intent and priority focus of ESG services
toward emergency housing and rapid re-housing of specific targeted homeless populations,
including victims of domestic violence and households with children; which are the two
populations that MMC provides service.
o ln line with the Emergency Solutions Grant (ESG) intent, MMC will focus upon
unsheltered homeless persons fleeing or attempting to flee DV, and provide
emergency shelter services necessary to help 200 unduplicated homeless DV
adults/children victims (fleeing); and
. An additional 20 eligible persons with Rapid Re-housing-Housing Relocation and
Stabilization Services supports to regain stability after their homelessness. The
approach of this MMC Emergency Solutions grant is to address the immediate
(emergency housing) and most appropriate tenant based re-housing needed by the
identified target homeless population; assisting them in identifying long term
supportive and service needs to prevent future homelessness.
MMC maintains HMIS data supports (within VAWA guidelines) and does possess required
insurance, as required by the ESG contract with the City of Fresno. Outreach is within the
coordinated access process; through 2-1-1; from street outreach and; referrals from other
social service, law enforcement and homeless agencies within Fresno. Further-as per the
policies and procedures for ESG, the three-step process for determining client's eligibility will
be closely adhered to which includes: 1) initial consultation with the individual or family to
determine eligibility in accordance with the coordinated assessment requirements set forth
under 24 DVR 576.400(d) and the associated written standards established. 2) VerÍfication of
income below 3Oo/o oî the Area Median Income will take place; and 3) Verification of
Homelessness will be secured-homelessness will be verified as per the HUD definition.
Specifically our targeted population within that deflnition includes. Any individual or family
who is fleeing, or is attempting to flee domestic violence, dating violence, sexual assault,
stalking, or other dangerous or life threatening conditions that relate to violence against the
individual or a family member, including a child, that has either taken place within the
individual's or family's primary nighttime residence or has made the individual or family afraid
to return to their primary nighttime residence; that they have no other residence; and lack the
resources or support networks, e.g., family friends, faith based or other social networks, to
obtain other permanent housing; and live in an emergency shelter or other place described
as and not meant for human habitation.
As our proposal includes a request for emergency shelter and rapid re-housing, our process
with the re-housing population will include re-verification/qualification for ongoing eligibility of
this service for Rapid Rehousing households served more than three months, although our
project will primarily focus on assisting these homeless with acquisition of rental housing with
depositsffirst & last month's rent and utility assistance-per grant guidelines. Further, we will
maintain all client eligibility documentation in each client file (as is relative to emergency
shelter and rapid re,housing); and we will maintain all recordkeeping and reporting
requirements, as required in the regulation for rapid re-housÍng clients. Family size
determination, unit size appropriateness and rent reasonableness will be in compliance with
HUDS standard of "rent reasonableness." ln regard to the Rental, Security and Utility
Payments-payments will only be made directly to the third parties (landlords or utility
companies).
MMC supports the FMCoC involvement and dedication toward the Project Unite and the 25-
Cities national initiative that began in March of 2O14. ln addÍtion, we appreciate the City's
commitment to ensuring that domestic violence victims have immediate access to safety and
shelter, as they flee DV/farnily violence with their children and immediately become
homeless. The MMC homeless services, although being DV related will absolutely support
the common/coordinated assessment and homeless housing protocols within the community,
as many "general homeless" reach out to our Center for housing. We support and participate
in this effort, have trained our staff in the SPDAT lV assessment, cooperate and collaborate
with other homeless providers so this system can be successful.
For domestic violence victims we know that the FMCoC and city of Fresno understand the
restrictions in placing DV victims' in general homeless housing, as our particular target
population are homeless due to fleeing DV and have safety concerns for the family and
require being confidentially housed with specific safety and security needs.
As an active FMCoC member, MMC commits to the local initiatives as these services are
necessary to help regain stability in permanent housing after experiencing a housing crisis
and/or homelessness. We utilize the coordinated assessment process as an important
aspect of the initiative for homeless we setve, who are not protected under VAWA
confidentiality requirements. The tactic of the Emergency Solutions Grant is to address the
immediate and most appropriate housing need of the identified targeted homeless
population; identify the longer term supportive and service needs; and utilizing a case
management approach-address and link the referred clients to available and appropriate
resources, to ensure greater opportunity of long-term consistent, supportive (if necessary),
housing options in which they can thrive. For DV victims the MMC will continue to follow this
approach with clients we serve; will maintain our duplicate HM|S/comparable data collection
and; provide immediate emergency shelter housing and rapid re-housing for homeless
families fleeing domestic violence, meeting the requirements and intent of the Emergency
Solutions Grant, localpriorities and policies in regard to ESG.
sEcTtoN 4 -SCHEDULE
(Limit narrative to one pago)
Describe how the agency will perform the tasks described within the six month timeline. Show how the
agency anticipates expending and requesting reimbursement for each month of the subrecipient
agreement.
The MMC Emergency Shelter operations will begin immediately. The Emergency Shelter is
already in operation; however needs the additionalfunding to operate at the proposed level.
There will not be any start-up delays in the receipl of homeless individuals/families that are
fleeing domestic violence and requ¡ring shelter. The numbers of anticipated homeless
received each month, within this funding, for the 6-month per¡od is noted in the chart below,
based upon h¡storical data.
The Rapid Re-housing - Housing Relocation and Stabilizat¡on Servíces program will initially
be made available for qualified and eligibte cand¡dates effective September 1'¡. A case
manager will be responsible for the processing of applications for funding assistance and
project monitoring, and client assistance. There will be minimal delay in implementation of
the project. The first month will have the least number served as the staff will develop their
forms, files and processes for receipt and processing of applications for funding assistance.
Announcement will be made notifying Marjaree Mason Center Advocates and the MAP
project within the community and in the emergency shelter that this assistance is available
and it is anticipated that at least two eligible homeless DV families will be identified initially. lt
is anticipated, based upon prior experience that verification attainment, housing search and
application, approval for size and cost appropriateness and site visit approvals will require at
least a 15-18 day span. Staff will determine that all requested rental assistance meets rent
reasonableness (within the approved FMR); and that the site meets quality standards
expectations. Once the paperwork and the on-site processes are completed, a check or
checks will be requested from the finance department in the name of the third-party who will
be paid for the services needed (moving, storage, rent payment, etc...). Ghecks are
processed weekly and will be issued after the appropriate backup documentation is received
and verified.
Clients will be provided with necessary linkages and supports to promote their stay in the
permanent housing that they have secured and the case manager will assist them in their
initial stabilization. The timeline represents the numbers served will be highest mid-grant, as
the three months of supportive assistance are anticipated to be provided at that time;
deposits and other onetime funding requests will be accepted in the latter two months of the
funding period; in order to end the project / funding within the 6-month time frarne.
ESG Gomponcnt Total f
c, --:äÈo(u l\¡
o,:Oñ
3n9ãUNo
o9.nÈFtoo>^¡oz
o_o .^
tercrou^loo
-!q)oà ..{
>..ì
lE+ro:t YFrÞ drOË>ô¡L H
Rapid Rchousing
Service lfs
20 Served
2 4 4 4 3 3
Eme4ency Shelter
#s
200 Served 35 35 35 25 35 35
Grant Expandíturcs s171,387.00 lOYo 75lo 2ú/o 2Mo 2Wo I5To
(Limit nanative to two pages)
Morjoree Moson @nter City of Fresno ESG 2015
Describe your organization's experience and capacity to provide the types of service and/or
housing proposed and experience with the utilization of ESG funds or other public-private
developments.
ln three decades of experience, MMC has continually provided quality safe effective
emergency housing; and has sucoessfully utilized Gity and County ESG funds every
contractuat year-adhering to report¡ng procedures, meet¡ng servlce obiectives: and
providing a 24t7 serv¡oe to homeless men, women and children victims of DV. MMC
has been successful and fiscally respons¡ble in operating four HUD SHP TH projects,
addressing performance indicators and performance objectives. Currently MMC is also
working in partnership with the Fresno Housing Authorþ on the implementation of the
Welcome Home Rapid Re-Housing program, yvh¡ch is in its first year of HUD funding.
That program uas operating at capacity within the first 3 months (time to process and
approve verifications of eligib¡l¡ry e approve housing). Prior to the Welcome Home
project, MMC also successfully administered locel City and County HPRP funds while
they were avaitable. MMC case manager regularly monitor and evaluate dient
progress, develop individualized service plans, and help plot clients'courses to housing
stab¡lity and; maintain HUD required documentation in all client files. In addition, MMC
Client Service Advocates assist in re-housing clients by facilitating the Life Skills Class,
which teaches clients about: budgeting skills, leases and the leasing process, how to
secure utilities, making moving anangements, and other skills necessary for
independent living. MMC has been diligent about meeting all HUD and other
contractual commitments, performance timelines and reporting requirements.
ln all, MMC manages more than 24 grants a year, amounting to about $3,950,000 from
federal, state, local, and private grantors. Historically, MMC has successfully managed
more than ll0 grants, totaling more than $25,000,000. MMC has consistently received,
fulfilled and successfully met obþctives and outcomes of all grant funds from federal,
state, and local government agencies, as well as pdvate foundations. MMC has many
years of proven fiscat and programmatic stabilig ensuring compliance with HUD SHP
ând HPRP and ESG mandates, policies and regulations. ln addition to the FMCoC,
MMC has memorandums of understanding with more than 30 agencies in Fresno
County, creating a netyyork of refenals and mutual support. Through these
partnerships, MMC assists in addressing gaps in cornmunity services, streamlines
victim assistance, and eliminates duplication of efforts, maximizing resources available
in our communig. Due to its reputable distinction of service in the Fresno area, MMC
operations are enhanced by a strong and consistent financial commitment of private
granls and donated funds from our community. Our Board and fiscalmonitoring process
ñave been excellent and consistently have met all review standards.
Marjaree Mason Center is Fresno's only dedicated domestic violence services agency,
the county's only provider of domestic violence homeless shelter seryices, and Central
California's foremost expert on domestic violence and annually MMC moves more than
650/o of emergency residential clients into lransitional or self-sutficient permanent
housing! MMC emergency and transitional projects are located in downtown Fresno,
Clovis and rural Reedley, housing an average of 1000 unduplicated victims of domestic
Marjoree Moson Center City of Fresno ESG 2015
violence every year. The agency keeps detailed statistics on services prov¡ded; as well
as very detaited client demographics, including ages, ethnicities, zip codes, and income
levels. Agency-wide, MMC serves more than 5,600 unduplicated victims of domestic
violence every year. MMC is experienced assisting clients from all backgrounds,
income levels & parts of the community. For the past 35 years, the Marjaree Mason
Center (MMC) has provided shelter, re-housing assistance, and case management
services to victims who have become homeless due to fleeing domestic violence. MMC
advocates working in conjunction with law enforcement have reached out to victims who
report domestic viòbnce. Currently, these advocates contact thousands of victims each
year, informing them about services and offering assistance. This outreach is so
ãffective that more than 30% of our Safe House referrals are from these efforts. ln
addition to our active involvement within our community and the FMCoC, MMC is an
act¡ve member of the California Partnership to End Domestic Violence (CEPDV).
Key staff, their role in the project and their qualifications' are as follows:
. Genelte Taylor Kumpe, Executive Director came to MMC in 2013 with over 13 years of
executive management, legislative advocacy, entrepreneurial business development and
management, an¿ public/media relations. Genelle spent 10 years as a leader in
education, her work at Fresno State became a national model for other universities to
replicate.. Lucianna Ventresca, Associate Director has 23 years management experience in
private nonprofit public service agencies, and has been with MMC for 4 years overseeing
iacility programmatic operations. Ms. Ventresca has been involved in the emergency
shelér seÑice provision for over 14 years, and served as consultant for the FMCoC.
. Marcus Martin, Finance Director has been wilh MMC for 10 years. He has 13 years'
experience in accounting and finance, internet technology and human resources
management. Mr. Martin oversees all agency and shelter finances, and has monitored the
contracts and oversight of prior CDBG, HUD, and EHAP renovation funds -to ensure strict
compliance with government regulations and requirements.. Stacy Gomez, Legal Services Director oversees MMC's team of victim advocates who
are stationed at Fresno County and City's domestic violence units. She has nine years'
experience as a DV victim advocale, five of those years as lead advocate, supervising a
team of five other advocates and a Human Trafficking Advocate.
o Katie Crask, Clinical Services Director oversees MMC's team of counseling staff and the
clinical interventions provided to our children in the Shelter Children's Enrichment Center'
Katie's been with the agency for over 2S-years, is a licensed therapist, and child advocate.
. Case Managers MMC case managers represent our cultural community make-up, are
highly trained and, the majority are bilingual. Al¡ MMC staff has undergone 40 hours of
státe-certified domestic violence training, and have certification as a DV advocate.
. Client Seruice Advocates_ MMC Client Service Advocates (CSA) facilitate classes for
residents, offer peer support, parenl coaching, meal service delivery for residents. CSA
staff provides the 24-hov¡ 74ay per week crisis assessments and hot line coverage.
Legal Concerns:
Marjaree Mason Center does not have pending legal actions, bankruptcies, or lawsuits, nor
areihere any other factors that would prevent our agency lrom completing the proposed prgect.
10
Morjaree Moson Center City of Fresno ESG 2015
List five (5) current or completed projects. lnclude a summary of the scope of the program,
dates of program, and number of homeless served.
California Offiæ of ErrergencY
Snrvices Years: 2009 through Cunently FundedReference Name:
Service Provided:
Servbe Provided: ect:
Service Summary: Majaree Mason Center is ornenüy operating this new GoC fundsd PH pojecl. Homeless are provided
Emergency shelter, case managemenl, 2&hour crisis intervention, safe$ planning and other services (tolal served including homeless
within each year of wilhin ü's 4,800+
Reference Name:U. S. Deot. of HUD Yaars: December 1, 20.14 - 2015 -Cunent
hnusino. ces6 mâneoemenllheraw-andridim-advotactjn:thislenant based nroiecl=l2homolessjfnllirs-sened^--
Reference Name:
Serviæ Provided:
and other serviæs to them as homeþss viclims of domestic violence.
U. S. Depl, oIHUD Years: 2008-2015 'Cunent
Ma{aee Mason Cenler provides housing of horneless and TH scry¡clt ¡n lout gt.nb fto¡n HUD.
shelter, case manæement, lherapy, lif+skills classes, victim advocacy in Fresno, Clovis & Reedley - mon lh¡n 125 hom¡less
Reference Nama:
Service Provided:
safety Platning,
Reference Name:Emeroencv Food & Sheller Years:: 2011-2014-Cunent
Sub recipients must participate in HMIS, the local CAHM system, and the Fresno
Madera Continuum of Care.
MMC has been and will continue to comply with all local and federal funding
requ¡rements, record keeping, client file documentation and fiscal accountab¡lity,
inciuding compt¡ance wilh 24 CFR Pail 576, as amended and related implementing
regulat¡ıns. MMC commits to collecting data for the HMIS, per HUD regulat¡ons,
reitrictions, and requ¡rements; to adhere to the intake and file ma¡ntenance
requ¡rements; meet performanoe indicators and standards as detailed within this
applicat¡on for local and federalfunding; and provide allstatistical reports as mandated
through this funding. We will continue to be an adive member of the Fresno Madera
Contiñuum of Care (FMCoC) collaborative; and will participate in the Coordinated
Assessment and Housing Match syslem.
TT
UTHORIZING RESOLUTION
f Fresno, Housing and Community
Development Department & lhe Fregno Madera Gontinuum of Care,
issued a Notice of Funding Awilablllty underthe Emergengy
Solutions Grants (ESG) Program; and
B. MARJAREE MASON CENTER is a Private Non-Prof¡t
Corporation that is eligible and wishes to apply for and receive an
ESG grant; and
C. If MARJAREE MASON GENTER receives a grant
ftom the City of Fresno it certifies that all uses of the funds will be in
compliance with the ESG Regulations and Contract.
NOW THEREFORE, BE tT RESOLVED TI|AT:
The Board of Directors of
authorizes
to execute all required certiñcations, apply for and accept the Cþ of
Fresno Emergency Solutions Grant in the amount of not more than
$1gIP99 and to sign the Standard Agreement, any subsequent
amendments thereto, with the Clty of Fresno of not more than
t1g5r99QQQ -, as well as perform any and all responsibillties in
relationship to such contract.
PASSED AND ADOPTED this 21st Day of*lg!y, 2015
by the following vote:
AYES:IQ
NOES:
ABSTENTIONS:
ABSENT:
1600 M Stre€t
Fresno, CA 93721
main:559-237-47O6
lax:559-?37-O42O
w!ìrw,mmcenter.org
and Tltle çl Approvlng Alfiær
(Choírperson orSecretory - Notthe Authorized
ßepresentotive)
EXHIBIT B
See attached
Morjoree Moson Center City of Fresno ESG 2015
0t oGET PnoPOs t - clrY 0t FRtSllo tsc
slx 16) MoilrH SUDGET PRoPOS t
M¡riarec M¡son Centtr, Inc.
MMC - ÉSG 2015
ORGANIZATIOII NAMT
PROJECT Î{AME
ESG ACnVfrV
T0TATBUDGET CITYISGlunds
lorthis pro3ram proporcd
C¡fY ESG ñ¡ndt COUI{TY tSG funds
prcriourly lrwrdcd, rcguerled,
¡w¡ddlorthis ort¡p.ct(dllorlhb Mrtchin3fundslor
proSram ptoÍam this Program
Sourcc(s) ol mtching
funds lor this program
50 FTE Client Services Advocate 5352.075.43 Ss,zse.oo s0.0c So.oo s64.9s6,0(
)alfomia Offne d
imergency Se+íæs-
)omestic Violence
imerçncy Prqram, Blue
ìhhld of Califomia
leoãirs and Maintenance $42,302.0(s27,000.0(So.oc So.ot s0 0(
[elephone Expense 517,633.0(s9.000.0(9o.oc So.oo 5o,oc
nsufance Ex0ense s147s0.0c S7,2oo.o(So.ot s0.u s0 0(
Jtilities ExDense 52B,3Bs.o(5r2,ooo.o(5o.oc 50"æ s0.0(
loþt tùcet ouùeoch/ ¿mugcncl shellct 54ss,145.4!s64.9s6.00 s0.0(s0.0t s64,e56.0(
Homclc¡¡nc¡ Prcvcnlion
Homcþtsncs¡ P?cY.nlion' Hou¡in3
& 5t¡bilir¡tion
llomctc¡¡nc¡¡ Prevcnlion- Tcn¡nt Based
Ranl¡l ß¡l¡t¡¡nce
lolsl hom¿lcssnes¡
R¡oid l+Housin¡
Rrpid R+llousin¡ - Hous¡ng Rrloß¡l¡on &
Sr¡bill¡¡tlon
;ecuritv Depos¡t Slo8,ooo.oc 5ls,000.0(s0.0c So.m Ss6.399.0c .Eary Foundation, lsnardi
:oundation, Counly Family
itabilization Plan, Fræno
leg'ond Foundation, Kaisr
est Month's Rent 521,ooo.oc s19.000.0t s0.0e So,oo $o.o(
Jtfitiv 0eoosit s2.000.0c s2,000.0(5o.ot So.oc $o.u
ihort-term rental ass¡stânce S60,ooo.oc Ssz,ooo.or So,oc so o{So ot
50 FfE Case ManaRer S77,9s3.0c s9.2s2.00 So.oc 5o.oc 54s,8s3.0c
termanenle, and
rnrælicted donations,
qdn¡nlstralit/e costs up to 2.5% of ESG
iunds requested for program act¡vities 538.750.0C S4.u9.oo $o.oc 5o.oo S4,t79,ot
rol t Atl, fSG Actluiti.r in lhb 8t oGEf S762,848.43
I
s171.387.001 s0.0c Sooc s171,387.0(
12
Morjoree Moson Center City of Fresno ESG 2015
EXPLANATION OF OTHER ESG FUNDS
lf your organization has been awarded ESG funds from the City or County of Fresno for activities that
will be implemented during the period September 1,2015 to March 1, 2016, please expla¡n how those
funds will be used to pay for costs associated with this program (shown above), or for other program
costs during this period:
The Marjaree Mason Center has not been awarded any funds from the City or Gounty of Fresno
for activities that will be implemented during this time period. All current funds from the City
will be expended by August 15,2015.
lf your organization has requested or expects to apply for ESG funds from the County of Fresno for
activities that will be implemented during the period September 1,2015 to March 1,2016, please
explain how those funds will be used to pay for costs associated with this program (shown above), or
for other program costs:
The Mafaree Mason Center does not intend to apply for any County of Fresno ESG funds.
EXPLANATION OF MATCHING FUNDS
Please describe the sources and used of matching funds. lf matching funds will be used to pay for
costs that are not included in the budget above, please clearly describe the costs and activities that will
be supported with those matching funds:
(Emergency Shelter) The Marjaree Mason Center will match $61,579 of City ESG funds with
funds from our grant from the Galifornia Office of Emergency Seruices- Domestic Violence
Assistance Program (OVAP) grant. Funds will be matched with the salaries from the State
portion of the DVAP grant. We will also use $5,000 from our Blue Shield of California
unrestricted grant to match the Gity ESG. (Rapid Rehousing)- Match will be provided by use of
funds from donations from Fresno Regional Foundation, County of Fresno Family Stabilization
Program, Kaiser Permanente, lsnardi Foundation, Legacy Foundation and a cash match from
unrestricted donations.
13
EXHIBIT C
Homeless Services Report
See attached
PRC 1.0/1047-04
C¡tv olEt¡Eêl,lSrZf ffEÐi??¿rS EXHlBtr c
EMERGENCY SHELTER G RANT
HOMELESS SERVICES QUARTERLY REPORT
of Organizalion:Period Covered by Reporl:
Description of Services:
Meals Shelter
Cíty:State:Zip Code: I Term of ContracUAgreemenl:
Phone Number:
Programs and Service(s):
Emergency Shelter Facilit¡es
Vouchers for Shelters
Drop-in Center/Food Pantry
Mental Health
Alcohol/Drug Program
Child Care
Other
Transitional Housing
Outreach
Soup Kitchen/Meal Diskibution
Health Care
HIV/AIDS Services
Employment
Homeless Prevenlion
Children
% Females
Enter Approximate Percentages (round to lhe nearest whole number e.g, 48.2%=48% or 23.7o/c241
Unaccompanied l8 and over
Unaccompanied under 18
% Males %Females
Familles wlth Ghildren Headed bY:
Residential Services:
Average number served dailY:
Single 18 and over
Youlh 18 and under
Two patents 18 and over
Two parents under 18
Fam¡li€s w¡th no children
Adutß
% Males
%Male
% Male
%Male
% Male
% Male
_% Female
_% Female
On an average day the percentage of the population served who are:
% Battered Spouse
% Runaway/Throw Away Youth
% Chronically Menlally ILL
% Developmentally Disabled
% HIV/AIDS
% Alcohol Dependenl lndividuals
Shelter Type; Number of persons housed
Barracks
% Female
% Female
% Female
% Drug Dependent lndividuals
% Elderly
% Veterans
% Physically Disabled
% Othe¡
Single Room Occupancy
Mob¡le Home/Tra¡ler
Hotel/Motel
Other
Group/Large House
Scattered Site Apartment
Single Family Detached House
Aoe Levels
)-5
i12
13-17
1 8-34
l5-54
;5-59
ìG.64
ì5+
Jnknown
fotel
Organization:Reporting Period:
Gender
Male
;emale
Iotal
y'eterans
rersons w/ Disabilities
Cuarler:
lotal Meals
lolal Sheller Niohts
Year to Date:
fotal Meals
fôtal Shelter Niohls
Race
Total Pe¡sons Hispanic Persons
r¡Vhite
3lacUAfrican American
Asian
Amer- lndian/Alaska Native
Native Hawa¡ian/Other Pacific lslander
{mer- lndian/Alaskã Net. & White
\sian & White
3lacUAfrican Amer. & White
Amer. lndian/Alaska Nat. & Black Afr¡can Amer¡can
rolAt
lllatching Funds Report (ESG requires a l:1 match). The following are the sources ol the egency'! m¡tch:
Source(s): Amounl
1$
2
3
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Signature of the Aulhorized Agent or Ofncer:
PrinVType Name:Job Title:
EXHIBIT D
Gonsultant Service Agreement "Between" Gity of Fresno
And Marjaree Mason Center
Emerqencv Solutions Grant
PROJECT TITLE
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of lnsurance Services Office (lSO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage
for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations (including the use of owned
and non-owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemni$ obligations
under the Agreement) with limits of liability not less than those set forth
under "Minimum Limits of lnsurance."
2. The most current version of ISO *Commercial Auto Goverage Form CA
00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence form
and shall provide coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1- Any Auto). lf personal
automobile coverage is used, the CITY, its officers, officials, employees,
agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession. Architect's and engineer's coverage is to
be endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to
CITY, its officers, offìcials, employees, agents and volunteers as additio¡al insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property
damage;
PRC 1.0/10-07-04
(ii) $1,000,000 per occurrence for personal and advertising
rnJury;(¡¡¡) $2,000,000 aggregate for products and completed
operations; and,(¡v) $2,000,000 general aggregate applying separately to the
work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
oR*
PERSONAL AUTOMOBILE LIABILIW insurance with limits of liability
not less than:
(¡) $100,000 per person;
(¡¡) $300,000 per accident for bodily injury; and,
(¡¡¡) $50,000 per accident for property damage.
3. WORKERS'C as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(¡) $1,000,000 each accident for bodily injury;(i¡) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(¡) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
ln the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the 'Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). ln addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officêrs, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF.INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared on the Certificate of Insurance, and approved by, the CITY'S Risk Manager
PRC 1.0/10{7-04
or his/her designee. At the option of the CITY'S Risk Manager or his/her designee,
either:
(¡) The insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its otficers,
officials, employees, agents and volunteers; or
(¡¡) CONSULTANT shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or
self-insured retentions.
OTHER INSURANCE PROVISIONS'ENDORSEMENTS
are to contain, or be
endorsed to contain, the following provisions:
CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations
by use of ISO Form CG20 101185 or both CG20 10 1001 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional lnsured.
For any claims related to this Agreement, CONSULTANT'S insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees,
agents and volunteers shall be excess of CONSULTANT'S insurance and
shall not contribute with it. CONSULTANT shall establish primary and
non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO
Form CG 20 01 0413.
The Workers' Compensation insurance policv is to contain, or be endorsed to contain,
the following provision: CONSULTANT and its insurer shall waive any right of
subrogation against ClTY, its officers, officials, employees, agents and volunteers.
is written on a
claims-made form:
1.
2.
PRC 1.0/10-07-04
1. The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by CONSULTANT.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement work
or termination of the Agreement, whichever occurs first, or, in the
alternative, the policy shall be endorsed to provide not less than a five (5)
year discovery period.
3. lf coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date
of the Agreement or the commencement of work by CONSULTANT,
CONSULTANT must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of the Agreement work or
termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. CONSULTANT is also responsible for providing written notice to the
CITY under the same terms and conditions. Upon issuance by the insurer, broker, or
agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,
CONSULTANT shall fumish CITY with a new certificate and applicable endorsements
for such policy(ies). ln the event any policy is due to expire during the work to be
performed for CITY, CONSULTANT shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than fifteen (15) calendar
days prior to the expiration date of the expiring policy.
VERIFICATION OF COVERAGE
CONSULTANT shall fumish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY'S Risk Manager or his/her designee prior
to CITY'S execution of the Agreement and before work commences. All non-lSO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately
furnish City with a complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the undenvriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
PRC 1.0/10-07-04
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emeroencv Solutions Grant
PROJECT TITLE
YES*NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
n
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
n
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
!
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
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?tr
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
* lf the answer to any question is yes, please explain in full below.
Explanation:
Marjaree Mason Center
1600 M Street
Fresno, CA93721
! Additional page(s) attached.
PRC 1.0/10{7-04