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AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the 1st day of December, 2013 by and
between the CITY OF FRESNO, a California municipal corporation ("C|TY"), and Marjaree
Mason Center, a California corporation ("RECIPlENT"). CITY and RECIPIENT are sometimes
hereinafter referred to individually as a Party and collectively as Parties.
CITY has received a grant commitment from the United States Department of Housing
and Urban Development (HUD) to administer and implement the Emergency Solutions Grant in
the City of Fresno in accordance with the provisions of 24 CFR Part 576 et seq. and California
law.
The purpose of the ESG grant is to provide assistance to the homeless and those at risk
of becoming homeless to quickly regain stability in permanent housing after experiencing a
housing crisis and/or homelessness within the city.
CITY, in conjunction with and through the County of Fresno, issued a Request for
Proposal Number 952-5087 ("RFP") to solicit cost proposals with specific plans to provide
eligible ESG services ("Scope of Work").
ln response to the RFP, RECIPIENT submitted a Proposal which included a Scope 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 RFP 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 1
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).
"Administrator" 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 RFP including
but not limited to the Budget, Scope of Work, certifications and all attachments and addenda.
"Budget" shall mean RECIPIENT's Cost Proposal submitted with the Bid Proposal.
"City Manager" shall mean the City Manager of CITY.
"Contract" or "Contract Documents" shall mean and refer to this Agreement including its
exhibits and the RFP and Bid Proposal with all attachments and addenda thereto.
"ESG' shall mean Emergency Solutions Grant as set forth in the ACT.
'ESG Policies and Procedures" shall mean Attachment B to the RFP.
"General Conditions" or "General Requirements" shall mean the General Requirements
contained in the RFP.
"Program" shall mean services designed to identify sheltered and unsheltered homeless
persons, as well as those at risk of homelessness, and provide necessary help to those persons
quickly regain stability in permanent housing after experiencing a housing crisis and/or
homelessness within the parameters and requirements of the ACT and the ESG Policies and
Procedures.
"Program income" for the specific purpose of this Agreement shall be as defined in the
ACT. Unless otherwise provided for in the ACT, program income shall include any and all gross
income earned by or accruing to RECIPIENT in its pursuit hereof provided that the term
program income does not include rebates, credits, discounts or refunds realized by RECIPIENT
in its pursuit hereof.
"RFPU shall mean the Request for Proposal Number 952-5087 for the County and City of
Fresno Emergency Solutions Grant dated October 2, 2012 including without limitation the
general requirements, bidding requirements, all its attachments, appendices and addenda.
"Scope of Services or Services" shall mean those services submitted with RECIPIENT's
bid proposalto 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 Aoreement. 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 December 1 , 2013 and shall end
June 30, 2015, which shall be the term of this Agreement, unless terminated earlier as provided
herein.
4. Compensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed One Hundred and Twenty Two Thousand Dollars and Zero
Cents ($122,000.00) 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 five (45) days after the date of receipt by CITY
of a correctly completed invoice in accordance with the provisions of this paragraph, and shall
be for the actual expenditures incurred by RECIPIENT in accordance with Exhibit B. Payments
shall be made after receipt and verification of actual expenditures. All invoices are to be
submitted CITY at the address given for notices on the signature page hereof or at such
address the CITY may from time to time designate by written notice.
(b) The Administrator may, in his or her sole discretion, agree in writing to
revise the payment schedule in subsection (a), above, upon RECIPIENT'S showing that such
will facilitate delivery of the services; provided, however, that total payments under this
Agreement shall not exceed the total amount provided for in subsection (a), and any amounts
advanced are authorized and appropriated for that fiscal year of the CITY covering the period
for 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 termination
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 othenruise made unavailable to CITY whether earned or promised to RECIPIENT
and/or should CITY in any fiscal year hereunder fail to appropriate said funds, CITY shall not
provide said funds to RECIPIENT unless and until they are made available for payment to CITY
by HUD and CITY receives and appropriates said Funds. No other funds owned or controlled
by CITY shall be obligated under this Agreement to the project(s). Should sufficient funds not
be appropriated, the Services provided may be modified, or this Agreement terminated, at any
time by the CITY as provided in section 9 below.
(f) RECIPIENT shall use the funds provided by CITY solely for the purpose
of providing the services required under subsection 2 (a) of this Agreement.
5. Matchinq Funds Requirements of RECIPIENT: RECIPIENT agrees to match all
ESG funding disbursed to it by CITY on a dollar for dollar basis. Donated funds, material and
labor may be used as matching funds. Time contributed by volunteers shall be calculated at the
rate of $5 per hour. RECIPIENT shall determine the value of donated material or building space
using a method based on fair market value. Other federal funds may be used as 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.
hereunder.
6. Loss of Third Padv Fundinq: ln the event any funding provided by a party other
than CITY for the Program or services being performed by RECIPIENT is suspended, reduced
or withdrawn, then Administrator may suspend this Agreement immediately upon its receipt of
notice thereof, or terminate this Agreement as provided in Section 9 below. RECIPIENT shall
notify CITY in writing within 7 days if any of the following events occur:
(a) Suspension, reduction or withdrawal of RECIPIENT'S funding by other
funding source(s).
(b) Addition or resignation of any of RECIPIENT'S Board of Director
members.
(c) Resignation or termination of any of RECIPIENT'S staff, including those
staff not funded by this Agreement but essential to the delivery of the services listed in Exhibit
A.
(d) The Administrator may, in his or her sole discretion, stay such suspension
of the Agreement for a period not to exceed 30 days to allow RECIPIENT to either (i) submit a
new service or funding plan for evaluation by Administrator who may accept or reject in his or
her sole discretion, or (ii) complete an orderly phase out of services. lf the Administrator
accepts such new service or funding plan, then such plan will be subject to the requirements in
Section 14 below.
7. Disposition of Proqram lncome. Absent the CITY's written consent, any
program income generated hereunder shall be used to reduce the CITY's reimbursement
obligations hereunder, or in the absence thereof promptly remitted entirely to the CITY.
L 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)
(b)
Agreement.
An illegal or improper use of funds.
A failure to comply with any term, covenant or condition of this
(c) Repod(s) are submitted to CITY which are incorrect or incomplete in any
material respect.
(d) The services required hereunder are incapable of or are improperly being
performed by recipient.
(e) Refusal of RECIPIENT to accept change under Section 16
(f) RECIPIENT fails to maintain any required insurance.
(g) There is a loss of third party funding (see Section 6 above).
(h) RECIPIENT files, or has filed against it, a petition of bankruptcy,
insolvency, or similar law, state or federal, of filing any petition or answer seeking, consenting
to, or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation,
dissolution, or similar relief, where such petition shall not have been vacated within fourteen (14)
days; or if adjudicated bankrupt or insolvent, under any present or future statute, law, regulation
under state or federal law, and judgment or decree is not vacated or set aside within fourteen
(14) days.
(i) RECIPIENT's failure, inability or admission in writing of its inability to pay
its debts as they become due or RECIPIENT's assignment for the benefit of creditors.
0) A receiver, trustee, or liquidator being appointed for RECIPIENT or any
substantial part of RECIPIENT's assets or properties, and not removed within ten (10) days.
(k) RECIPIENT's breach of any other material condition, covenant, warranty,
promise or representation contained in this Agreement not othenruise identified within this
Section.
9. Termination and Remedies.
Upon the occurrence of an Event of Default, CITY shall give written notice RECIPIENT
of the Event of Default by specifying (1) the nature of the event or deficiency giving rise to the
default, (2) the action required to cure the deficiency, if, in the sole discretion of CITY, any
action to cure is possible, and (3) if the Event of Default is curable, a date, which shall not be
less than thirty (30) calendar days from the date of the notice, by which such deficiency must be
cured, provided, however that if such failure cannot be remedied in such time, RECIPIENT shall
have an additional thirty (30) days to remedy such failure so long as RECIPIENT is 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; (iii) CITY'S non-
appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of
this Agreement, or insufficient funding for the services provided by RECIPIENT; or (iv)
expiration of this Agreement.
(b) lmmediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of
its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all
properties and materials in the possession of RECIPIENT that are owned by CITY. Subject to
the terms of this Agreement, RECIPIENT shall be paid compensation for services satisfactorily
performed prior to the effective date of termination. RECIPIENT shall not be paid for any work
or services performed or costs incurred which reasonably could have been avoided.
(c) Upon any breach of this Agreement by RECIPIENT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to
it under applicable laws of the State of California or any other applicable law; (ii) proceed by
appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct,
indirect, consequential, economic and incidental damages for the breach of the Agreement. lf it
is determined that CITY improperly terminated this Agreement for default, such termination shall
be deemed a termination for convenience.
(d) ln no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may then exist
on the part of RECIPIENT, nor shall such payment impair or prejudice any remedy available to
CITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of RECIPIENT the repayment
to CITY of any funds disbursed to RECIPIENT under this Agreement which, in the judgment of
CITY, were not expended in accordance with the terms of this Agreement, and RECIPIENT
agrees to promptly refund any such funds within 10 days of CITY'S written demand.
10. lndemnification.
To the furthest extent allowed by law, RECIPIENT shall indemnify, hold harmless and
defend CITY and each of its officers, officials, employees, agents and volunteers from any and
all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, 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 for and
maintain in full force and effect all insurance as required in Exhibit D or as may be authorized in
writing by CITY'S Risk Manager or his or her designee at any time and in his or her sole
discretion.
(b) lf at any time during the life of the Agreement or any extension,
RECIPIENT or any of its subcontractors fail to maintain any required insurance in full force and
effect, all services and work under this Agreement shall be discontinued immediately, and all
payments due or that become due to RECIPIENT shall be withheld until notice is received by
CITY that the required insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the
required insurance shall be sufficient cause for CITY to terminate this Agreement. No action
taken by CITY pursuant to this section shall in any way relieve RECIPIENT of its responsibilities
under this Agreement. The phrase "fail to maintain any required insurance" shall include,
without limitation, notification received by CITY that an insurer has commenced proceedings, or
has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by RECIPIENT shall not be deemed to
release or diminish the liability of RECIPIENT, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by RECIPIENT. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of RECIPIENT, its principals, officers, agents, employees, persons under the supervision
of RECIPIENT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or
anyone employed directly or indirectly by any of them.
(d) Upon request of CITY, RECIPIENT shall immediately furnish CITY with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this Agreement.
(e) lf RECIPIENT should subcontract all or any portion of the services to be
performed under this Agreement, RECIPIENT shall require each subcontractor to provide
insurance protection in favor of CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with RECIPIENT and CITY prior to the commencement
of any services by the subcontractor.
12. On-Site Monitorinq. Authorized representatives of HUD and/or the City shall
have the right to monitor the RECIPIENT's performance under this Agreement. Such
monitoring may include inspection activities, review of records, and attendance at meetings:
RECIPIENT shall reasonably make its facilities, books, records, reports and accounts available
for City's inspection in pursuit hereof.
This section 12 shall survive termination or expiration of this Agreement.
13. Records, Reports and lnspection
(a) RECIPIENT shall establish and maintain records in accordance with all
requirements prescribed by CITY, HUD and generally accepted accounting principles, with
respect to all matters covered by this Agreement. As applicable, RECIPIENT shall comply with
all applicable requirements of the Office of Management and Budget Circular A-122, Cost
Principles for Non-Profit Organizations; OMB Circular A-133 Audits of States, Local
Governments and Non-Profit Organizations, including the provision of a single audit (generally
applicable where funding from all federal sources in any fiscal year exceeds $500,000), and to
such extent shall submit to the CITY any applicable auditor's reports and audited financial
statements no later than three (3) months after the RECIPIENT's fiscal year end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110 Uniform
Administrative Requirements for Grants and Other Agreements with lnstitutions of Higher
Education, Hospitals, and Other Non-Profit Organizations.
foregoing:
RECIPIENT shall be responsible for determining the applicability of the
(1) RECIPIENT shall send all required reports to the Administrator not
later than the fifteenth of the month following the last day of the latest month for which
the report is due.
(2) Except as othen¡rise authorized by CITY, RECIPIENT shall retain
such records for a period of five (5) years after receipt of the final payment under this
Agreement or the earlier termination of this Agreement, whichever occurs later.
RECIPIENT is to prepare written financial statements, and completed Homeless
Services Report, each in the form attached hereto as Exhibit G incorporated herein,
each covering matters pertaining to the Scope of Services contained in Exhibit A, to be
submitted to CITY no later than the thirtieth (30th) of the month following the end of each
quarter hereunder for the duration hereof, absent City's prior written consent in cases of
unusual circumstances as determined in the sole discretion of the CITY.
(b) All costs shall be supported by properly executed payrolls, time records,
invoices, contracts, vouchers, orders, or any other accounting documents pertaining in whole or
in part to this Agreement and they shall be clearly identified and readily accessible to 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 andior 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 and/or HUD representatives.
(d) The RECIPIENT is required to participate in the Fresno Madera Continuum
of Care ("FMCoC"). Participation is defined as attendance at a minimum of 75o/o of all FMCoC
Director's meetings.
(e) The RECIPIENT is required to collect and report client-level data in a
database comparable to the local Homeless Management lnformation Systems ("HMlS') 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) Social Security Number
3) Date of Birth
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
8) Disabling Condition
9) Residence Prior to Program Entry
10) Zip Code of Last Permanent Address
11) Housing Status
12) Program Entry Date
13) Program Exit Date
14) PersonalldentificationNumber
15) HouseholdldentificationNumber
16) lncome and Sources
17) Non-Case Benefits
18) Destination (where client will stay upon exit)
19) Financial Services Provide (if any)
20) Housing Relocation & Stabilization Services Provided (if any)
(f) CITY shall provide full reporting requirements as required by HUD, under
separate documentation for RECIPIENT. lf RECIPIENT is a legal services or domestic violence
victim services RECIPIENT, and requires client-level information to remain confidential, they will
be required to establish a comparable client-level database internal to its organization (e.9. no
identifying data shared with the HMIS or the CITY and will provide only aggregate data to the
CITY as required). RECIPIENT will work with the HMIS administering agency, as an agent of
the FMCoC, to determine that the alternative database meets the standards for comparable
client-level databases, including compliance with the HMIS Data and Technical Standards which
are acceptable to HUD and the CITY.
(g) All data elements specified above in 13(e) must be recorded for each
ESG Program in the HMIS and the fields needed to correctly generate the performance reports
are required to be collected in the comparable database.
(h) The RECIPIENT is required to provide housing unit and client data to the
City of Fresno, or designee, to include in the Point in Time survey as administered by the
Fresno-Madera Continuum of Care and as required by the HEARTH Act of 2009.
This Section 13 shall survive expiration or termination of this Agreement.
14. Subcontracts. The RECIPIENT shall not enter into subcontracts for any work
contemplated under the Agreement without first obtaining the CITY's written approval.
(a) An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CITY's files.
(b) RECIPIENT is responsible to CITY for the proper performance of any
subcontract. No such subcontract shall relieve RECIPIENT of its obligations under this
Agreement.
Agreement.
(c) Any subcontract shall be subject to all the terms and condìtions of this
(d) No officer or director of RECIPIENT shall have any direct or indirect
financial interest in any subcontract made by RECIPIENT or in any loan, purchase of property,
or any other arrangement made by RECIPIENT, by whatever name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall complete
a City of Fresno conflict of interest disclosure statement in the form as set fofth in Exhibit D.
During the term of this Agreement, RECIPIENT shall have the obligation and duty to
immediately notify CITY in writing of any change to the information provided by RECIPIENT in
such statement.
(b) RECIPIENT shall comply, and require its subcontractors to comply, with
all applicable federal, state and local conflict of interest laws and regulations including, without
limitation, California Government Code Section 1090 et seq., the California Political Reform Act
(California Government Code Section 87100 et seq.) and the regulations of the Fair Political
Practices Commission concerning disclosure and disqualification (2 California Code of
Regulations Section 18700 et seq.). At any time, upon written request of CITY, RECIPIENT
shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due
diligent inquiry, RECIPIENT and the respective subcontractor(s) are in full compliance with all
laws and regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise
to the appearance of a conflict of interest, RECIPIENT shall immediately notify CITY of these
facts in writing.
(c) ln performing the work or services to be provided hereunder, RECIPIENT
shall not employ or retain the services of any person while such person either is employed by
CITY or is a member of any CITY council, commission, board, committee, or similar 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 othen¡vise, direct or indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
ARTICLE 2
FEDERAL REQUIREMENTS
16. RECIPIENT warrants, covenants and agrees, for itself and its contractors and
subcontractors of all tiers, that it shall comply with all applicable requirements of the Lead-
Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Pañ 35 and 24 CFR
982.401(J). ln this regard RECIPIENT shall be responsible for all inspection, testing and
abatement activities.
(a) The requirements, as applicable, of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act
of 1992 (42 U.S.C.4851-4856) and implementing regulations at 24 CFR Part 35. 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
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
regulation 24 CFR Part 8.
all applicable requirements of Section
as amended and HUD implementing
(c) RECIPIENT agrees to comply with the federal requirements set forth in 24 CFR
Part 5, except as explicitly modified below, and use of emergency shelter grant amounts must
comply with the following requirements: (a) Nondiscrimination and equal opportunity. The
nondiscrimination and equal opportunity requirements at24 CFR Part 5 are modified as follows.
(i) Rehabilitation Act requirements. HUD's regulations at 24 CFR Part I
implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended. For
purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8
shall include sleeping accommodations.
(ii) RECIPIENT shall make known that use of the facilities and Services are
available to all on a nondiscriminatory basis. lf the procedures that the RECIPIENT intends to
use to make known the availability of the facilities and Services are unlikely to reach persons of
any particular race, color, religion, sex, age, national origin, familial status, or disability who may
qualify for such facilities and Services, the RECIPIENT must establish additional procedures
that will ensure that such persons are made aware of the facilities and Services. The
RECIPIENT must also adopt procedures which will make available to interested persons
information concerning the location of Services and facilities that are accessible to persons with
disabilities.
(iii) The RECIPIENT shall be responsible for complying with the policies,
guidelines, and requirements of 24 CFR Part 85 (codified pursuantto 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-1 10 and A-122 as they relate to the acceptance and use of emergency shelter grant
amounts by private nonprofit organizations.
(d) The RECIPIENT will be responsible for all aspects project contract award and
management including the advertising for bids and shall award the contract to the lowest
responsible and responsible bidder. The RECIPIENT shall verify with the Labor Relations and
Equal Opportunity Division of the HUD Area Office that the low bidder has not been debarred or
suspended from participating in federal projects.
(e) RECIPIENT warrants, covenants and agrees that it shall perform the Services in
a manner that does not engage in inherently religious activities and that does not engage in any
prohibited activities described in 24 CFR 576.23. Without limitation, RECIPIENT shall not
unlawfully discriminate on the basis of religion and shall not provide religious instruction or
counseling, conduct religious services or worship, engage in religious proselytizing, or exed
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.
(0 RECIPIENT shall perform the Services in compliance with, and not to cause or
permit the Services to be in violation of, any existing or future environmental law, rule,
regulation, ordinance, or statute. RECIPIENT agrees that, if CITY has reasonable grounds to
suspect any such violation, RECIPIENT shall be entitled to thirty (30) days' notice and
opportunity to cure such violation. lf the suspected violation is not cured, CITY shall have the
right to retain an independent consultant to inspect and test the subject facilities for such
violation. lf a violation is discovered, RECIPIENT shall pay for the cost of the independent
consultant.
(g) The OMB Circulars referenced in this Agreement are available at the Entitlement
Cities Division, Room 7282, Department of Housing and Urban Development, 451 Seventh
Street, SW., Washington, DC20410.
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 Par|24, which contains the governmentwide
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 enforceaþility 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 allfacilities hereunder in compliance with building, health and safety codes.
(d) RECIPIENT shall be solely responsible and liable for any recapture or
repayment obligation imposed by HUD due to any act or omission of RECIPIENT in pursuit
hereof.
(e) RECIPIENT acknowledges that RECIPIENT, not the CITY, is responsible
for determining applicability of and compliance with the ACT and all other applicable local, state,
and federal laws including, but not limited to, any applicable provisions of the California Labor
Code, Public Contract Code, and Government Code. The CITY makes no express or implied
representation as to the applicability or inapplicability of any such laws to this Agreement or to
the Parties' respective rights or obligations hereunder including, but not limited to, competitive
bidding, prevailing wage subcontractor listing, or similar or different matters. RECIPIENT further
acknowledges that the CITY shall not be liable or responsible at law or in equity for any failure
by RECIPIENT to comply with any such laws, regardless of whether the City knew or should
have known of the need for such compliance, or whether the CITY failed to notify RECIPIENT of
the need for such compliance.
(Ð RECIPIENT agrees to comply with the CITY's Fair Employment Practices
and shall not employ discriminatory practices in the provision of the Services, employment of
personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, status as a veteran with
disabilities or veteran of the Vietnam era, medical condition, or physical or mental disability.
During the performance of this Agreement, RECIPIENT agrees as follows:
(i) RECIPIENT will comply with all laws and regulations, as applicable. No
person in the United States shall, on the grounds of race, color, creed, religion, sex,
sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a
disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
(ii) RECIPIENT will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, sex, sexual preference, national
origin, ancestry, ethnicity, age, marital status, and status as a disabled veteran or
veteran of the Vietnam era, medical condition, or physical or mental disability.
RECIPIENT shall take affirmative action to ensure that applicants are employed, and the
employees are treated during employment, without regard to their race, color, creed,
religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status,
status as a disabled veteran or veteran of the Vietnam era, medical condition, or
physical or mental disability. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. RECIPIENT agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provision of this nondiscrimination clause.
(¡ii) 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.
(¡v) RECIPIENT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a
notice advising such labor union or workers' representatives of RECIPIENT's
commitment under this Section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
ARTICLE 3
GENERAL PROVISIONS
'19. Amendment. This Agreement shall not be modified except by written
amendment approved by the City Council and signed by the parties. Where it is determined by
the Administrator that there is a need to make any change in the Program, services to be
performed, fiscal procedures and system, or the terms and conditions of this Agreement
(including, without limitation, any changes necessary to comply with changes in federal, state, or
local laws or regulations), refusal by RECIPIENT to accept the change is grounds for
termination of this Agreement. Notwithstanding the foregoing, approval of the City Council is
not required for (i) insubstantial adjustments in line items within the total approved budget, not
affecting the total approved budget amount, approved by the Administrator in his/her sole
discretion; (ii) insubstantial changes in the nature or scope of services specified in this
Agreement approved by the Administrator in his/her sole discretion; and (iii) changes to the
insurance requirements specified in Exhibit G approved by CITY's Risk Manager in his or her
sole discretion.
20. Public lnformation. RECIPIENT shall disclose all of its funding sources to CITY
which, thereafter, will be public information.
21. Copvriqhts/Patents.
(a) lf this Agreement results in a book or other copyrightable material, the
author may seek any available copyright protection for the work unless a work for hire. CITY
reseryes a royalty-free, nonexclusive, irrevocable and assignable license to reproduce, publish,
or othenivise use, and to authorize others to use, all copyrighted material and all material which
can be copyrighted.
(b) Any discovery or invention arising out of or developed in the course of
work aided by this Agreement, shall promptly and fully be reported to CITY for determination by
CITY as to whether patent protection on such invention or discovery, including rights thereto
under any patent issued thereon (reserved henceforth onto CITY), shall be imposed and
administered, in order to protect the public interest.
22. Political Activitv Prohibited. None of the funds, materials, property or services
provided directly or indirectly under this Agreement shall be used for any political activity, or to
further the election or defeat of any ballot measure or candidate for public office.
23. Lobbvinq 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.
(b) RECIPIENT will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status
as a disabled veteran or veteran of the Vietnam era. RECIPIENT shall ensure that applicants
are employed, and the employees are treated during employment, without regard to their race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
veteran of the Vietnam era. Such requirement shall apply to RECIPIENT'S employment
practices including, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. RECIPIENT agrees to
post in conspicuous places, available to employees and applicants for employment, notices
setting forth the provision of this nondiscrimination clause.
(c) RECIPIENT will, in all solicitations or advertisements for employees placed by or
on behalf of RECIPIENT in pursuit hereof, state that all qualified applicants will receive
consideration for employment without regard to race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) RECIPIENT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice
advising such labor union or workers' representatives of RECIPIENT'S commitment under this
section and shall post cop¡es of the notice in conspicuous places available to employees and
applicants for employment.
26. lndependent Contractor.
(a) ln the furnishing of the services provided for herein, RECIPIENT is acting
as an independent contractor. Neither RECIPIENT, nor any of its officers, agents or employees
shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any
purpose. CITY shall have no right to control or supervise or direct the manner or method by
which RECIPIENT shall perform its work and functions. However, CITY shall retain the right to
administer this Agreement so as to verify that RECIPIENT is performing its obligations in
accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY absent CITY'S
express written consent. Except to the extent 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 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. Assiqnment.
(a) This Agreement is personal to RECIPIENT and there shall be no assignment by
RECIPIENT of its rights or obligations under this Agreement without the prior written approval
of the Administrator. Any attempted assignment by RECIPIENT, its successors or assigns,
shall be null and void unless approved in writing by the Administrator.
(b) RECIPIENT hereby agrees not to assign the payment of any monies due
RECIPIENT from CITY under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). CITY retains the right to pay any and all monies due RECIPIENT
directly to RECIPIENT.
30. Compliance with Law. ln providing the services required under this Agreement,
RECIPIENT shall at all times comply with all applicable laws of the United States, the State of
California and CITY, and with all applicable regulations promulgated by federal, state, regional
or local administrative and regulatory agencies, now in force and as they may be enacted,
issued, or amended during the life of this Agreement.
31. Waiver. The waiver by either Party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement. No provisions of this Agreement may
be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision herein.
32. 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.
33. Headinqs. The Section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
34. Severabilitv. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
35. lnterpretation. The Parties acknowledge that this Agreement in its final form is
the result of the combined efforts of the parties and that, should any provision of this Agreement
be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against any Party, but rather by construing the terms in accordance
with their generally accepted meaning.
36. Attornev's Fees. lf either Party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing
party in such proceeding or action shall be entitled to recover from the other Party its
reasonable attorney's fees and legal expenses.
37. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
38. Precedence of Documents. The order of precedence of documents shall be: (1)
Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2)
Permits from other agencies as may be required by law; (3) Supplemental Agreements or this
Agreement the one dated later having precedence over another dated earlier; (4) ESG Policies
and Procedures (5) General Conditions.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by application
of the order of precedence.
ln the event of any conflict between the body of this Agreement and any Exhibit or Attachment
hereto, the terms and conditions of the body of this Agreement shall control and take
precedence over the terms and conditions expressed within the Exhibit or Attachment.
Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which
purport to modify the allocation of risk between the Parties, provided for within the body of this
Agreement, are null and void.
39. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
40. Extent of Aqreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire and
integrated agreement between the parties with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or oral.
ut
ilt
City Manager
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:
APPR
DOUG SLOAN
City A
M. Collet
Deputy City Attorney
Date:
Addresses.
CITY:
City of Fresno
Attention: Bruce Rudd, City Manager
2600 Fresno Street Room 3076
Fresno, CA 93721
Phone: (559) 621-8300
FAX: (559) 488-1078
Attachments:
Exhibit A - Scope of Services
Exhibit B - Budget Summary
Exhibit C - Homeless Services Report
Exhibit D - lnsurance Requirements
Exhibit E - Conflict of lnterest Disclosure Form
Marjaree Mason Center
a California corporation
(Attach Notary Certificate of Acknowledgement)
Date:
Name:
Title:
(Attach Notary Certificate of Acknowledgement)
Date:
RECIPIENT:
RECIPIENT:
Marjaree Mason Center
Attention: Genelle Taylor Kumpe
1600 M Street
Fresno, CA 93721
Phone: (559) 487-1304
FAX: (559) 237-0420
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
By
1.
2.
3.
5.
4.
ACKNOWLEDGMENT
State of California
County ef FRESNO
on 0710212014 before me,B. COVARRUBIAS
personally appeared
(insert name and title of the officer)
GENELLE TAYLOR KUMPE
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal.
Signature (Seal)
EXHIBIT A
SCOPE OF SERVICES
EMERGENCY SOLUTIONS GRANT
1. A General Discussion regarding Agency Understanding of the Project.
Marjaree Mason Center has a thorough understanding of the Emergency Solutions Grant (ESG)
intent and focus to identify sheltered and unsheltered homeless persons, as well as those at risk
of homelessness, and provide the services necessary to help regain stability in permanent
housing after experiencing a housing crisis and/or homelessness. This is a new and more
comprehensive approach toward providing emergency assistance and supports with greater
and longer term housing-stability results. The approach 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{erm consistent, supportive (if necessary),
housing options in which they can thrive.
1.1 Scope of Work Proposed and Summary of Proposal Features, The Marjaree
Mason Center, proposes to deliver services under the Emergency Shelter component for a 17
month period, 24-hours per day and 7 days per week. With this funding, we will serve 335
unduplicated persons (individuals and families) who are homeless, having no other safe housing
alternative due to fleeing a domestic violence situation. The Marjaree Mason Center (MMC)
Safe House-emergency shelter will provide immediate housing, food, clothing, case
management, and supportive services to victims of domestic violence in the City and County of
Fresno. Staff support and client intake are provided 24-hours a day. For safety reasons, the 40-
room/98-bed shelter facility where services are provided is confidentially located in Downtown
Fresno. This central, secure location allows victims from all over Fresno County to easily
access the facility, even using public transportation. Services through this Emergency Solutions
component will include Emergency Shelter; case management, parenting classes, life skills
classes, counseling and therapy for adults and children, legal assistance, support groups, food
and clothing, and linkages to transitional, permanent housing and job training agencies.
Funding in this application will specifically be for expenses relative to "Shelter Operations" of the
Safe House facility (utilities, supplies, insurance and maintenance) and some "Essential
Seryices"funding to cover 24-hour staffing/intake assessment service costs. Agency staffing for
the MMC Safe House Emergency Shelter includes Case Managers, Client Services Advocates,
Residential Care staff, and shelter leadership positions. The majority of funding for the balance
of these positions is provided through other grants and fiscal resources.
2.1 Overview Of Proposed Programs, Activitíes and/or Servíces To Be
Provided.
The Marjaree Mason Center requests funding under the Emergency Solutions Grant for
Operational and Essential Seruices costs within the emergency shelter component. The MMC
Safe House-emergency shelter will accept referrals of individuals and families fleeing domestic
violence and provide homeless housing to 335 unduplicated homeless referrals 24-hours per
dayl 7-days per week; ensuring that beds are available on a first-come, first serve basis. Per
MMC's agency policies, the MMC Z4-hour hotline will accept calls and referrals community-
wide.
ln line with the Emergency Solutions Grant (ESG) intent, the MMC will focus upon unsheltered
homeless persons fleeing DV, and provide the services necessary to help regain stability in
transitional or permanent housing after their homelessness. The approach of this MMC
Emergency Solutions Grant is to address the immediate and most appropriate housing need of
the identified target homeless population; identify the longer term supportive and service needs;
and providing Essenfia/ Services by utilizing an immediate intake assessment and case
management approach. Through the case management wraparound services MMC will
address and link the referred clients to available and appropriate community and mainstream
resources, to ensure greater opportunity of long-term consistent, supportive (if necessary) and
housing options in which they can thrive. MMC's 4O-hour domestic violence certified & trained
case managers, hotline and intake staff is available every day of the year with additional
volunteers and housekeeping staff on-site to assist and/or provide emergency response. MMC
commits to collecting data for the HMIS, per HUD regulations and requirements; to adhere to
the intake and file maintenance requirements; meet performance indicators and standards as
detailed by HUD; and provide all statistical reports to the funding agencies as mandated through
this funding.
2.2 Proposed programs, activities, and/or servíces to be provided by your
agency.
The MMC Safe House-emergency shelter services provide a safe, supportive environment
where women and their children can learn how to recover from the trauma of their abuse and
begin to transition into an independent lifestyle. Victims are referred to the g8-bed Shelter
through the Marjaree Mason Center's 24-hour crisis hotline, by law enforcement, referrals
from other agencies, drop-ins, or through MMC's outreach client advocates.
The shelter is staffed 24-hours a day, and offers 24-hour crisis intake for victims of domestic
violence. The facility resides at a confidential address, on highly secure grounds, keeping
victims out of the reach of their abusers. Upon referral to the shelter, MMC case managers
assess the women and children's specific needs and assist them in creating safety plans.
Case managers make recommendations and assist victims in applying for & obtaining benefits
under mainstream health & social service programs. Victims will meet with their case manager
weekly to identify goals, work towards goal achievement, and participate in the creation of
their customized case management plan. On behalf of victims, case managers advocate with
social service agencies, employers, or other organizations, often assisting victims in applying
for Section 8 Housing, or CaIWORKs assistance (as long as it is available). ln accordance
with the objectives of the Emergency Solutions funding, the case manager's objective is to
help victims successfully transition out of domestic violence and into a healthy lifestyle,
including increased self-esteem, positive parenting, self-awareness, and self-sufficiency and
independent housing. Due to the severity of issues that children experience in homes of
domestic violence, the agency recently enhanced its services, targeting specific therapeutic
and case management focus towards the children. Our Children's Services Coordinator now
also provides focused time and services to our residential families. Best practice models in
use are Theraplay, ASQ testing (Ages & Stages Questionnaire) to determine their
developmental levels and needs, as well as working with the entire family unit, have become
key to the programing at the MMC's residential programs.
Case managers facilitate life-skills/healthy-lifestyles classes and DV education group. The
healthy-lifestyles classes help victims work towards living self-sufficiently, so they will no longer
be dependent upon an abuser. The domestic violence education group educates victims about
the dynamics of domestic violence, the cycle of violence and other relevant topics. Because
many victims leave their homes with nothing more than the clothes on their backs, the MMC
Safe House provides residents with emergency food and clothing. lmmediate emergency
housing services are provided free of charge, longer term residency is provided within the HUD
sliding scale fee regulations. A family's level of need determines their length of stay and
intensity of services provided at the Safe House. The goal of the MMC Safe House program is
to provide a safe, healthy and supportive environment until the family can be relocated to long
term independent living in the community. Absent this strategy, many would return to their
abusive relationship-feeling there is no alternative. Specifically, this project will provide:
. Marjaree Mason Center (MMC) 24-hour staff assesses all homeless domestic violence
clients referred from other agencies; and either directly provide service or refer clients to
the appropriate provider through the FMCoC network of homeless providers.
. The MMC Safe House-emergency shelter will accept referrals of individuals and families
fleeing domestic violence and provide homeless housing to 335 unduplicated homeless
referrals 24-hours per day/ 7-days per week; ensuring that beds are available on a first-
come, first serve basis. Per MMC's agency policies, the MMC 24-hour hotline will accept
calls and referrals community-wide.
. ln line with the Emergency Solutions Grant (ESG) intent, MMC will focus upon
unsheltered homeless persons fleeing DV, and provide the services necessary to help
335 unduplicated homeless persons (96 households) regain stability in transitional or
permanent housing after their homelessness. The approach of this MMC Emergency
Solutions Grant is to address the immediate and most appropriate housing need of the
identified target homeless population; and identify long term supporlive and service
needs.
335 of the DV homeless victims 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, exclusively serves battered women and their children;
however, men who are victims of domestic violence are eligible for alternate housing
services, including hotel vouchers. Services of the initial shelter stay are provided at no
cost to eligible victims, and extended stays require payment on a sliding scale for fee
(HUD's) based upon income eligibility for servrces.
53 homeless persons who are not eligible for MMC shelter services will be provided with
referrals and transportation to alternate shelter services within the FMCoC network of
providers.
ln adherence with the Emergency Solutions Grant intent, through the Essenfia/ Services
component of case management, MMC will address and link the referred clients to
available and appropriate resources, to ensure greater opportunity of long-term
consistent, supportive (if necessary) and housing options in which they can thrive.
Case management staffs are assigned to meet with new residents within 48-hours of
admission, to further evaluate appropriateness of residency and to develop a case plan.
301 case plans will be developed: 86 adult/family plans (90% of adult residents) and 215
separate children's services summaries. Case plans include addressing their immediate
health, safety, legal, and emotional needs (not all clients will remain in residence for the
case plan process and not all children will have a separate plan from the parenUfamily).
A comprehensive case plan follows which will provide wrap-around services, supports
and direction toward income achievement, employment or education, child care and long
term housing stability.
235 (70o/o) of the clients (includes all household members) will be referred, as
appropriate, to available (8a) transitional housing and (150) alternative safe permanent
housing; and case management assistance will be provided as they complete
applications for housing.
10Oo/o (335) of the Case management plans will include the assurance that the residents
are accessing all mainstream resources and funding that they qualify for, and which will
assist the client/family in achieving self-sufficrency.
100 (30%) of the residents will be referred to local employment training and placement
programs in the community. 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.
235 (70%) of the residents referred through the Emergency Solutions funding will be
referred for a clinical counseling assessment of services need. Self-sufficiency and
positive development toward independence will be dependent upon their ability to safely
reside in the community and their ability to function emotionally-on an independent
basis.
ln addition to working with the parent involved in the DV, the children within the family
are also encompassed with needed supports, counseling and referrals to local school
district Homeless Student programs or Head Start programs-depending on age and
location of the family.
MMC's case managers and trained hotline & intake staff are available every day of the
year with trained support staff on-site to assist with intakes, housing operations and/or
emergency response. MMC commits to collecting data for the HMIS, per HUD
regulations and requirements; to adhere to the intake and file maintenance
requirements; meet performance indicators and standards as detailed by HUD; and
provide all statistical reports to the funding agencies as mandated through this funding.
The MMC works collaboratively within the Fresno Madera CoC and the agencies
involved in addressing homelessness in our community. Services provided through this
funding will continue to enhance the MMC ability to provide this valuable service to the
CoC and regional area DV victims.
The United Way 2-1-1 system has details on all of MMC's various programs, including
the emergency shelter, and MMC often receives referralsfrom 2-1-1. ln addition lo2-1-
1, MMC receives referrals from its partner agencies, especially law enforcement and
other victim-service providers.
MMC does not discriminate in providing of services, and also accepts all walk-in or self-
referred clients for assessments and services as appropriate. A large number of
emergency program clients come through referrals from law enforcement agencies due
to their proximity to domestic violence crises. Whenever Fresno County law
enforcement agencies respond to domestic violence incidents, the responding officers,
deputies, and/or detectives inform victims about MMC and its available assistance. MMC
also has victim advocates located within the Fresno Police Department and Fresno
County Sheriffls Department. These advocates receive reports of domestic violence and
contact victims directly to offer assistance.
EXHIBIT B
BUDGET SUMMARY
Mariaree Mason Center
Award: $100,000.00
Funding Source (HUD 2012 ESG/City FY 13)
Personnel Gosts
Case Manager .30 FTE x$2,428.42lmonth x 16 months 11,656
Client Services Advocate 1.20 FTE x $1,944.83/month x 16 months 37,341
Staff Benefits $48.997 oersonnel x 33.8857%'16,603
Total Personnel Costs $ 75,230
Facility Lease/Rent
Ut tes $900 month x '16 months 14,400
Communications $200/month x 16 months 3,200
Copier Lease/Maintenance 0
Repairs and Maintenance $650/month x 16 months 10,400
lnsurance Expenses
Total Operating Expenses
$400/month x 16 months 6,400
$ 46,770
MATCH (dollar for dollar)
CaIOES Domestic Violence Assistance
Proqram 45,000
Ca. Dept. of Housing and Community 22,000
Private Donations 15,000
Kaiser Permanente Foundation 5,000
Total match
First 5 of Fresno County 35,000
$
122,000.00
TOTAL PROJECT $
244,000.00
Cilv ofE-DECll,l--*''afffE-=-E?¿¡rs
EXHIBIT C
EMERGENCY SHELTER GRANT
HOMELESS SERVICES QUARTERLY REPORT
Name of Organization:
Address:
Period Covered by Report:
Description of Services:
Meals Shelter
City:State:Zip Code: I Term of ContracUAgreement:
Phone Number:
Enter Approx¡mate Percentages (round to the nearest whole number e.Ç!.48.2o/o=48Yo or 23.7To=241
Programs and Service(s):
Emergency Shelter Facilities
Vouchers for Shelters
Drop-in Center/Food Pantry
Mental Health
Alcohol/Drug Program
Child Care
Other
Residential Services:
Average number served daily:
Unaccompanied 18 and over
Unaccompanied under 18
Families with Children Headed by:
Single 18 and over
Youth 18 and under
ïwo parents 18 and over
Two parents under 18
Families with no children
Group/Large House
Scattered Site Apartment
Single Family Detached House
Transitional Housing
Outreach
Soup Kitchen/Meal Distribution
Health Care
HIV/AIDS Services
Employment
Homeless Prevention
Children
%Females
% Females
% Female
% Female
% Female
% Female
% Female
% Drug Dependent lndividuals
% Elderly
% Veterans
% Physically Disabled
% Other
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other
% Males
% Males
% Male
% Male
% Male
YoMale
% Male
On an average day the percentage of the population served who are:
% Battered Spouse
% Runaway/Throw Away Youth
% Chronically Mentally ILL
% Developmentally Disabled
% HIV/AIDS
% Alcohol Dependent lndividuals
Shelter Type: Number of persons housed
Barracks
Aqe Levels
)-5
ò-12
13-17
1 8-34
35-54
55-59
30-64
35+
Unknown
Iotal
Organization:Reporting Period:
Gender
vlale
:emale
Iotal
Veterans
Persons w/ Disabilities
Race
Total Persons Hispanic Persons
¡Vh te
3lack/African American
\sian
\mer. lndian/Alaska Native
tlative HawaiianiOther Pacific lslander
Amer. lndian/Alaska Nat. & White
Asian & White
Black/African Amer. & White
Amer. lndian/Alaska Nat. & Black African American
TOTAL
Matching Funds Report (ESG requires a 1:'l match). The following are the sources of the agency's match:
Source(s): Amount
Total $
Signature of the Authorized Agent or Officer:Date:
Quarter:
Total Meals
Iotal Shelter Niohts
Year to Date:
Total Meals
Iotal Shelter Niqhts
PrinUType Name:Job Title:
EXHIBIT D
INSURANCE REQUIREM ENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of lnsurance Services Office (lSO) Commercial General
Liability Coverage Form CG 00 01, which shall include insurance for "bodily
injury," "property damage" and "personal and advertising injury" with coverage for
premises and operations, products and completed operations, and contractual
liability.
2. The most current version of lnsurance Service Office (lSO) Business Auto
Coverage Form CA 00 01, which shall include coverage for all owned, hired, and
non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers' Compensation insurance as required by the California Labor Code and
Employer's Liability lnsurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
RECIPIENT'S profession. Architect's and engineer's coverage is to be endorsed
to include contractual liability.
Minimum Limits of lnsurance
RECIPIENT shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$2,000,000 aggregate for products and completed operations
$2,000,000 general aggregate applying separately to the work performed under
the Agreement
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer's Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
4. Professional Liability (Errors and Omissions):
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess lnsurance
ln the event RECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and afford no less
coverage than the primary insurance policy(ies).
Deductibles and Self-lnsured Retentions
RECIPIENT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required hereunder and RECIPIENT shall also be responsible for payment of any
self-insured retentions. Any deductibles or self-insured retentions must be declared to, and
approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk
Manager or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or (ii) RECIPIENT shall provide a financial guarantee, satisfactory to CITY'S Risk
Manager or his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
Other lnsurance Provisions
are to contain, or be endorsed
to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered
as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers.
3. RECIPIENT'S insurance coverage shall be primary and no contribution shall be
required of CITY.
The Workers' Compensation insurance policv is to contain, or be endorsed to contain, the
following provision: RECIPIENT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents and volunteers.
is written on a claims-made
form:
1. The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by RECIPIENT.
2. lnsurance must be maintained and evidence of insurance must be provided for at
least 5 years after any expiration or termination of the Agreement or, in the
alternative, the policy shall be endorsed to provide not less than a 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 RECIPIENT, RECIPIENT must
purchase extended reporting coverage for a minimum of 5 years following the
expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to CITY for
revtew.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall
not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day
written notice by certified mail, return receipt requested, has been given to CITY. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in
coverage or in limits, RECIPIENT shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). ln the event any policy is due to expire during the work to be
performed for CITY, RECIPIENT shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of
the expiring policy.
Acceptability of I nsurers
All policies of insurance required hereunder shall be placed with an insurance company(ies)
admitted by the California lnsurance Commissioner to do business in the State of California and
rated not less than "A-Vll' in Best's lnsurance Rating Guide; or authorized by CITY'S Risk
Manager.
Verification of Goverage
RECIPIENT shallfurnish 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.
-,Æ1 MARJA-1 OP lD: VEACORD't\-.-'-CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDÍYYYY)
07t02t14
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
GERTIFICATE DOES NOT AFFIRMATIVELY OR, NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the pol¡cy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and condilions of the policy, certa¡n polic¡es may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRoDUGER 559451_3411DLL lnsurance Agency ll
sosg N. Fruitevel*ioi 559451-3411
Fresno, CA 93711
Greg Anderson
ixü¡l'' Rebecca Beiarano
i'AïtnN'o. E,tf . 559 4s1-34,1,1 I lÆð.
"o,,
ssg-4sl -3415
i-'{?iHF.". rbeiarano@dllinsurance.com
INSURER(S) AFFORDING COVERAGE NAIC fl
|NSURER A : New York State lns Fund
TNSURED Marjaree Mason Center, lnc,
Marcus Martin
1600 M Street
Fresno, CÁ-9372'l
INSTJRER B :
INSURER C :
INSURER O:
INSURER E :
INSlIRER F
COVERAGES REVISION
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
COIVIMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LI¡/IT APPLIES PER:
POLICYI lrÈô-r I ILOC
AIJTOMOBILE LIABILITY
ANY AUTO
ALLOWNED SCHEDULEDAUTOS AUTOS
HIREDAUToS I I ÀÙroé
BODILY INJURY (Per accident)
OCCUR
CLAIMS-MADE
WORKERS COMPENSATION
AND EMPLOYERS'LtABtLtW Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE T---
oFF|CER/MEMBER EXCLUDED? t l(Mandatory ¡n NH)
E L EACH ACCIDENT
E L DISEASE - EA E
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES lAttach ACORD 101, Add¡llonal Remrks Schedule, ¡f more space ¡s required)
10 day notice of cancellation appJ-ies ín the event of non-palment ofpre¡nium. *THIS CERÍIFICATE IS RE-ISSITED IÍITH WAMR OF SUBROGATION
City of Fresno Housing &
Community Development
Division
2600 Fresno Street, Room 3076
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACGORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZEO REPRESENTATIVE
4r&-
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05)
MARJA-1 OP lD: VE
CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUGER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certif¡cate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and cond¡t¡ons of the policy, certa¡n pol¡c¡es may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such
PRoDUGER 559451_3411
DLL lnsu¡ance Agency ll
S9BB N. rru¡t tvelfi¡i 559-451-341
Fresno, CA 93711
Greg Anderson
tNStJRER A : New York State lns Fund
rNsuRED Marjaree Mason Center, lnc.
Marcus Martin
1600 M Street
Fresno, CA 93721
COVERAGES CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSUMNCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INÙHIF TYPE OF INSURANCE AUUt
INqF POLICY NUMBER LIMITS
EACH OCCURRENCE ö
UAVIAUE IUKtsI\ItsU
PREMISES ¿Fâ ôccLrrenceì $
IVED EXP (Anv one Derson)$
PERSONAL & ADV INJURY $
__l GENERAL AGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER:PRODUCTS - COIVP/OP AGG $
$
AU]OMOBILE LIABILITY
ANY AUTO
ALLOWNED SCHEDULEDAUTOS AUTOS
NON.OWNEDHIREDAUTOS AUToS
LJOMB¡NEIJ SINGLE LIIUIT
$
BODILY INJURY (Per person)$
BODILY INJURY (Per acc¡dent)s
PROPERTY DAIUAGE $
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CL.AIMS-MADE
EACH OCCURRENCE s
AGGREGATE $
DFD I I nrrrruro¡rt
A
WORKERS COMPENSATION
aND EMPLOYERS'LtABrLtrY Y/ N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
lf yes, describe underñtreaÞtÞTr^Àt ñE ^ÞEÞ^Ìt^Àrc h6r^t,r
N/A
vc201400006504 07to1t14 07t01n5
wcstAtu- I totHTôRV|Mtrsl IFR
E L EACH ACCIDENT 5 1,000,00(
E L DISEASE - EA EIVIPLOYEI s 1,000,00(
E L DISEASE- POLICY r ll!4lT 1,000,00(
DESCRIPTION OF OPERATIONS t LOCATIONS / VEHICLES (Attach ACORD l0l, Add¡tional Remrks Schedule, if more space is required)
10 day notice of cancellaÈion applies in the event of non-payment of
premJ-urtr.
City of Fresno
c/o C¡ty Manager's Office
Gregory Barfield
2600 Fresno Street, Room 2097
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05)
MARJA-1 OP lD: VE--ACORD"CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE ISSUTNG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms and conditions of the policy, certa¡n polic¡es may require an endorsement. A statement on this cert¡ficate does not confer rights to the
certificate holder in lieu of such
PRoDUCER 559.451_3411
DLL lnsurance Agency ll
5088 N. Fru¡t Ave. #1Ol 559451 -341
Fresno, CA 93711
Greg Anderson
|NSIJRER A : New York State lns Fund
rNsuRED Marjaree Mason Center, lnc.
Marcus Martin
1600 M Street
Fresno, C493721
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
COM I\¡ERCIAL GENERAL LIABILITY
CLAIMS.MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICYI IrÈi.-r I ILOC
MED EXP (Anv one person)
ANY AUTO
ALLowNED f- l SCHEDULEDAUTOS I I AUTOS
HIREDAUTOS I I AUIOS
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
WORKERS COMPENSATION
AND EMPLOYERS',LtABtLtTY Y' N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory ¡n NH)
lf yes, describe under
DESCRIPTION OF OPERATIONS below E L DISEASE. POLICY LIMIT
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD l0l, Add¡tlonal Remrks Schedule, if moß space is required)
Notice of cancellation is 30 days except in the event of cancellaiton fornon-pafrnent or non-reporting which is 10 days. RE: VIP Reception on OctobeÌnon-PafrEenE or non-reporEJ-ng Yü.n:-cn Is ru days.01, 2013. Ifaiver of Sublogation ÀppJ-ies.
Gity of Fresno
Gity Hall
Helen Rodriguez
2600 Fresno Street Room 2097
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORDACORD 25 (2010/05)
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
YES*NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
n X
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
n X
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
n X
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 X
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?n X
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?tr X
* lf the answer to any question is yes, please explain in full below.
Explanation:
! Additional page(s) attached.
PRC 1.0/10-07-04 t{li..,J
Gen