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AGREEMENT
Emergency Sol utions Grant
TH.IS AGREEMENT is made and entered into theQlLth day of fuû, 2O1S
by and between the CITY OF FRESNO, a California munic-þal corporatioñlclTV';¡, 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.
Then CITY issued a Request for Proposal Number 11142014 ('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.
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ORIGINAL PAGE 1
"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.
"RFP' shall mean the Request for Proposal Number 11142014 for the City of
Fresno Emergency Solutions Grant dated November 14, 2014 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 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 February
15, 2015 and shall end August 15, 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 Dollars and Zero Cents ($100,000.00) for
satisfactory performance of the services rendered therefore and as set forth in Exhibit B
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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 pedormance 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.
(Ð RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 (a) of this Agreement.
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PAGE 3
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 othenruise provided by applicable law or contract, matching
funds shall be applied in furtherance of the Scope of Work hereunder. To qualifu
6. Loss of Third Partv Fundinq: ln the event any funding provided by a party
other than CITY for the Program or services being performed by RECIPIENT is
suspended, reduced or withdrawn, then Administrator may suspend this Agreement
immediately upon its receipt of notice thereof, or terminate this Agreement as provided in
Section 9 below. RECIPIENT shall notify CITY in writing within 7 days if any of the
following events occur:
(a) Suspension, reduction or withdrawal of RECIPIENT'S funding by
other funding source(s).
(b) Addition or resignation of any of RECIPIENT'S Board of Director
members.
(c) Resignation or termination of any of 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 ClrY's
reimbursement obligations hereunder, or in the absence thereof promptly remitted
entirely to the CITY.
B. 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
PAGE 4
(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.
û) A receiver, trustee, or liquidator being appointed for RECIPIENT
or any substantial part of RECIPIENT's assets or properties, and not removed within ten
(10) days.
(k) RECIPIENT's breach of any other material condition, covenant,
warranty, promise or representation contained in this Agreement not otherwise identified
within this Section.
9. Termination and Remedies.
Upon the occurrence of an Event of Default, CITY shall give written notice
RECIPIENT of the Event of Default by specifying (1) the nature of the event or deficiency
giving rise to the default, (2) the action required to cure the deficiency, if, in the sole
discretion of CITY, any action to cure is possible, and (3) if the Event of Default is
curable, a date, which shall not be less than thirty (30) calendar days from the date of
the notice, by which such deficiency must be cured, provided, however that if such
failure cannot be remedied in such time, RECIPIENT shall have an additional thirty (30)
days to remedy such failure so long as RECIPIENT is 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 allwork hereunder; (ii) immediately cause any and
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all of its subcontractors to cease work; and (iii) return to CITY any and all unearned
payments and all properties and materials in the possession of RECIPIENT that are
owned by CITY. Subject to the terms of this Agreement, RECIPIENT shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. RECIPIENT shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) Upon any breach of this Agreement by RECIPIENT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable law;
(ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii)
recover all direct, indirect, consequential, economic and incidental damages for the
breach of the Agreement. lf it is determined that CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(d) ln no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may
then exist on the part of RECIPIENT, nor shall such payment impair or prejudice any
remedy available to CITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of RECIPIENT the
repayment to CITY of any funds disbursed to RECIPIENT under this Agreement which,
in the judgment of CITY, were not expended in accordance with the terms of this
Agreement, and RECIPIENT agrees to promptly refund any such funds within '10 days of
CITY'S written demand.
10. lndemnification.
To the furthest extent allowed by law, RECIPIENT shall indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and volunteers
from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether
in contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage), and from any and all claims, demands and actions in law or
equity (including reasonable 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.
PRC 1'0/10-07-04
PAGE 6
(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 unden¡vriter 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, Repofts 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
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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 repofts 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.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
(1) RECIPIENT shall send all required reports to the
Administrator not later than the fifteenth of the month following the last day of the
latest month for which the report is due.
(2) Except as otherwise authorized by CITY, RECIPIENT shall
retain such records for a period of five (5) years after receipt of the final payment
under this Agreement or the earlier termination of this Agreement, whichever
occurs later.
RECIPIENT is to prepare written financial statements, and completed
Homeless Services Report, each in the form attached hereto as Exhibit C
incorporated herein, each covering matters pertaining to the Scope of Services
contained in Exhibit A, to be submitted to CITY no later than the thirtieth (30th)
of the month following the end of each quarter hereunder for the duration hereof,
absent City's prior written consent in cases of unusual circumstances as
determined in the sole discretion of the CITY.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, vouchers, orders, or any other accounting documents
pertaining in whole or in part to this Agreement and they shall be clearly identified and
readily accessible to 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 and/or HUD representatives.
PRC 1 .0/10-07-04
PAGE B
(d) The RECIPIENT is required to participate in the Fresno Madera
Continuum of Care ("FMCoC"). Participation is defined as attendance at a minimum of
75% o'f all FMCoC Director's meetings.
(e) The RECIPIENT is required to collect and report client-level data
in a database comparable to the local Homeless Management lnformation Systems
("HM|S") run by the Housing Authorities of the City and County of Fresno through a
Memorandum of Understanding with the FMCoC or a data base that complies with any
special requirements which may be developed by HUD for legal services or domestic
violence victim service RECIPIENTS as pre-approved by the CITY. Reporting in a
database comparable to HMIS is a requirement of ESG funding. The comparable
database will be maintained by the RECIPIENT and used to collect data and report on
outputs and outcomes as required by HUD. RECIPIENT is required to enter all client
intakes, provide regular updates and exit all clients once services are completed. As
applicable, RECIPIENT must enter the following information in the comparable database
for federal repoÍing 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
1B) Destination (where client will stay upon exit)
19) Financial Services Provide (if any)
20) Housing Relocation & Stabilization Services Provided (if any)
(0 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.
PRc 1 0/10-07-04
PAGE 9
(g) All data elements specified above in 13(e) must be recorded for
each ESG Program in the HMIS and the fields needed to correctly generate the
performance reports are required to be collected in the comparable database.
(h) The RECIPIENT is required to provide housing unit and client data
to the City of Fresno, or designee, to include in the Point in Time survey as administered
by the Fresno-Madera Continuum of Care and as required by the HEARTH Act of 2009.
This Section 13 shall survive expiration or termination of this Agreement.
14. Subcontracts. The RECIPIENT shall not enter into subcontracts for any
work contemplated under the Agreement without first obtaining the CITY's written
approval.
(a) An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CITY's
files.
(b) RECIPIENT is responsible to CITY for the proper performance of
any subcontract. No such subcontract shall relieve RECIPIENT of its obligations under
this Agreement.
(c) Any subcontract shall be subject to all the terms and conditions of
this Agreement.
(d) No officer or director of RECIPIENT shall have any direct or
indirect financial interest in any subcontract made by RECIPIENT or in any loan,
purchase of property, or any other arrangement made by RECIPIENT, by whatever
name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit D. During the term of this Agreement, RECIPIENT shall have the obligation
and duty to immediately notify CITY in writing of any change to the information provided
by RECIPIENT in such statement.
(b) RECIPIENT shall comply, and require its subcontractors to
comply, with all applicable federal, state and local conflict of interest laws and
regulations including, without limitation, California Government Code Section 1090 et
seq., the California Political Reform Act (California Government Code Section 87100 et
seq.) and the regulations of the Fair Political Practices Commission concerning
disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).
At any time, upon written request of CITY, RECIPIENT shall provide a written opinion of
its legal counsel and that of any subcontractor that, after a due diligent inquiry,
RECIPIENT and the respective subcontractor(s) are in full compliance with all laws and
regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts
PRC I .0/10-07-04
PAGE .IO
giving r¡se to the appearance of a conflict of interest, RECIPIENT shall immediately
notify CITY of these facts ín 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 otherwise, direct or indirect, to solicit or procure
this Agreement or any rights/benefits hereunder.
ARTICLE 2
FEDERAL REQUIREMENTS
16. RECIPIENT warrants, covenants and agrees, for itself and its contractors
and subcontractors of all tiers, that it shall comply with all applicable requirements of the
Lead-Based Paint Poisoning Prevention Act of 42 u.s.c. 4821 et seq., 24 cFR Paft 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 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 opporiunity requiremenls al24 CFR Part
5 are modified as follows:
(i) Rehabilitation Act requirements. HUD's regulations at 24 CFR
Part B implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as
amended. For purposes of the emergency shelter grants program, the term dwelling
unifs in 24 CFR Part B 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
PRc 1 0/10-07-04
PAGE 11
are unlikely to reach persons of any particular race, color, religion, sex, age, national
origin, familial status, or disability who may qualify for such facilities and Services, the
RECIPIENT must establish additional procedures that will ensure that such persons are
made aware of the facilities and Services. The RECIPIENT must also adopt procedures
which will make available to interested persons information concerning the location of
Services and facilities that are accessible to persons with disabilities.
(iii) The RECIPIENT shall be responsible for complying with the
policies, guidelines, and requirements of 24 CFR Part 85 (codified pursuant to OMB
Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and
use of ESG funding by CITY, and Nos. A-110 and A-122 as they relate to the
acceptance and use of emergency shelter grant amounts by private nonprofit
organizations.
(d) The RECIPIENT will be responsible for all aspects project contract award
and management including the advertising for bids and shall award the contract to the
lowest responsible and responsible bidder. The RECIPIENT shall verify with the Labor
Relations and Equal Opportunity Division of the HUD Area Office that the low bidder has
not been debarred or suspended from participating in federal projects.
(e) RECIPIENT warrants, covenants and agrees that it shall perform the
Services in a manner that does not engage in inherently religious activities and that does
not engage in any prohibited activities described in 24 CFR 576.23. Without limitation,
RECIPIENT shall not unlawfully discriminate on the basis of religion and shall not
provide religious instruction or counseling, conduct religious services or worship, engage
in religious proselytizing, or exert other religious influence in pursuit hereof. Subject to
the foregoing, RECIPIENT does not intend to utilize ESG funding to construct,
rehabilitate or convert facilities owned primarily by religious organizations or to assist
primarily religious organizations in acquiring or leasing facilities to the extent prohibited
in 24 CFR 576.23.
(f) RECIPIENT shall perform the Services in compliance with, and not to
cause or permit the Services to be in violation of, any existing or future environmental
law, rule, regulation, ordinance, or statute. RECIPIENT agrees that, if CITY has
reasonable grounds to suspect any such violation, RECIPIENT shall be entitled to thirty
(30) days' notice and oppotlunity 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.
PRC 1.0/10-07-04
PAGE 12
(b) A displaced person must be provided relocation assistance at the
levels described in, and in accordance with, 49 CFR Part 24, which contains the
government-wide regulations implementing the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
18. FurtherAssurances.
(a) This Agreement, when executed and delivered, shall constitute
the legal, valid, and binding obligations of RECIPIENT enforceable against RECIPIENT
in accordance with its respective terms, except as such enforceability may be limited by
(a) bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, or other
similar laws of general applicability affecting the enforcement of creditors' rights
generally and (b) the application of general principles of equity without the joiner of any
other party.
(b) RECIPIENT represents and warrants as of the date hereof that
RECIPIENT has obtained and, to the best of RECIPIENT's knowledge, is in compliance
with all federal, state, and local governmental reviews, consents, authorizations,
approvals, and licenses presently required by law to be obtained by RECIPIENT for the
Services as of the date hereof.
(c) ln the performance of this Agreement, RECIPIENT shall promptly
and faithfully comply with, conform to and obey the ACT and all amendments thereto,
and shall maintain all facilities hereunder in compliance with building, health and safety
codes.
(d) RECIPIENT shall be solely responsible and liable for any
recapture or repayment obligation imposed by HUD due to any act or omission of
RECIPIENT in pursuit hereof.
(e) RECIPIENT acknowledges that RECIPIENT, not the CITY, is
responsible for determining applicability of and compliance with the ACT and all other
applicable local, state, and federal laws including, but not limited to, any applicable
provisions of the California Labor Code, Public Contract Code, and Government Code.
The CITY makes no express or implied 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:
PRC 1 0/10-07-04
PAGE 13
(¡) RECIPIENT will comply with all laws and regulations, as
applicable. No person in the United States shall, on the grounds of race, color,
creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age,
marital status, status as a disabled veteran or veteran of the Vietnam era,
medical condition, or physical or mental disability be excluded from participation
in, be denied the benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
(ii) RECIPIENT will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, and status as
a disabled veteran or veteran of the Vietnam era, medical condition, or physical
or mental disability. RECIPIENT shall take affirmative action to ensure that
applicants are employed, and the employees are treated during employment,
without regard to their race, color, creed, religion, sex, sexual preference,
national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. RECIPIENT agrees to post
in conspicuous places, available to employees and applicants for employment,
notices setting forth the provision of this nondiscrimination clause.
(iii) RECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of RECIPIENT, state that all qualified
applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity,
age, marital status, status as a disabled veteran or veteran of the Vietnam era,
medical condition, or physical or mental disability.
(iv) RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT's commitment under this Section and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
ARTICLE 3
GENERAL PROVISIONS
19. Amendment. This Agreement shall not be modified except by written
amendment approved by the City Council and signed by the parties. Where it is
determined by the Administrator that there is a need to make any change in the
Program, services to be performed, fiscal procedures and system, or the terms and
conditions of this Agreement (including, without limitation, any changes necessary to
comply with changes in federal, state, or local laws or regulations), refusal by
RECIPIENT to accept the change is grounds for termination of this Agreement.
Notwithstanding the foregoing, approval of the City Council is not required for (i)
insubstantial adjustments in line items within the total approved budget, not affecting the
total approved budget amount, approved by the Administrator in his/her sole discretion;
(ii) insubstantial changes in the nature or scope of services specified in this Agreement
PRc 1 o/1o-07-04
'AGE
14
approved by the Administrator in his/her sole discretion; and (iii) changes to the
insurance requirements specified in Exhibit C approved by CITY's Risk Manager in his
or her sole discretion.
20. Public lnformation. RECIPIENT shall disclose all of its funding sources to
CITY which, thereafter, will be public information.
21. Copvriqhts/Patents.
(a) lf this Agreement results in a book or other copyrightable material,
the author may seek any available copyright protection for the work unless a work for
hire. CITY reserves a royalty-free, nonexclusive, irrevocable and assignable license to
reproduce, publish, or othen¡¡ise 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.
PRC 1.0/10-07-04
PAGE 15
(b) RECIPIENT will not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
RECIPIENT shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Such requirement shall apply to RECIPIENT'S employment practices including, but not
be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. RECIPIENT agrees
to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provision of this nondiscrimination clause.
(c) RECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf of RECIPIENT in pursuit hereof, state that all qualified applicants
will receive consideration for employment without regard to race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of
the Vietnam era.
(d) RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT'S commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
26. lndependentContractor.
(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, GITY 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 othenvise 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
PAGE 16
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 ceftified 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. Governinq Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California,
excluding, however, any conflict of laws rule which would apply the law of another
jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
PRC 1 0/10-07-04
PAGE 17
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.
Ht
ilt
PRc 1 o/1o-07-04
PAGE 18
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:
By
Marjaree Mason Center, a California
City Manager
Date:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
Name:
By:
Title: _
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
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) 4BB-1078
Attachments:1. Exhibit A - Scope of Services2. Exhibit B - Budget Summary
3. Exhibit C - Homeless Services Report
5. Exhibit D - lnsurance Requirements
4. Exhibit E - Conflict of lnterest Disclosure Form
(Attach Notary Certificate of Acknowledgement)
Date:
RECIPIENT:
Marjaree Mason Center
Attention: Genelle Taylor Kumpe
1600 M Street
Fresno, CA 93721
Phone: (559)487-1304
FAX: (559) 237-0420
PRC 1.0/10-07-04
PAGE 19
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
validitv of that document.
State of Californiaðä"ti'"i-"'"""" fiæg*. ,
o^ o\lz\lv berore me,hvz* Y. 6ve-
(insert name and title of the officer)
personally appeared q v\-v MlAz Lo M
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sf
subscribed to the within instrument and acknowledged to me that ne{ÉÎãtney executed the-
hisffA/their authorized capacity(ies), and that by fris@fttreir signatrìÌé(s) on the instrument the
persYnls¡, or the entity upon behalf of which the persln(s) acter , executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the
paragraph is true and correct.
WITNESS my hand and officialseal.
State of California that the foregoing
Signature (Seal)
Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between Gity of Fresno ("City")
and Marjaree Mason Center ("Consultant")
Emerqencv Solutions Grant
PROJECT TITLE
See attached
PRC 1.0/10-07-04
PAGE 20
Marjaree Mason Center, lnc.
Proposal Number LLL42OL4
Emergency Shelter Budget Narrative
l. Personal Services - Salaries/Employee Benefits: Personnel costs are all specified as direct costs.
A. Client Services Advocate #1, 1 FTE @ $1,925/month x 6 months
. Support objectives by: Providing crisis intervention via the 24-hour crisis hotline; providing 24-
hour, in-person, crisis intervention at the Marjaree Mason Center Emergency Shelter; tracking
calls received and victims provided interuention services; addressing client needs at the
Emergency Shelter; assessing clients for entrance into the Emergency Shelter; assisting clients in
adherence to program guidelines; providing peer counseling; working with clients to ensure a
safe, secure, healthy shelter environment.
B. Client Services Advocate #2,1 FTE @ $1,984/month x 6 months
. Support objectives by: Providing crisis intervention via the 24-hour crisis hotline; providing 24-
hour, in-person, crisis intervention at the Marjaree Mason Center Emergency Shelter; tracking
calls received and victims provided intervention services; addressing client needs at the
Emergency Shelter; assessing clients for entrance into the Emergency Shelter; assisting clients in
adherence to program guidelines; providing peer counseling; working with clients to ensure a
safe, secure, healthy shelter environment.
PAGE 21
Fringe Benefits:
FICA = 7 .65% of $1,794
State Unemployment lnsurance = 3.70o/o of $23,454
Health lnsurance = 18.615%o of $23,454
Worker's Comp lnsurance = 15.00% of $23,454
ll. Operating Expenses
A. Utilities ($3,000/month x 6 months) Power, gas, and water for Marjaree Mason Center Emergency
Shelter.
B. Communications ($1,500/month x 6 months): Telephone, fax machine, and lnternet service for
ESG project services including Z4-hour hotline conducted at the Marjaree Mason Center Emergency
Shelter.
C. Repairs and Maintenance ($4,500/month x 6 months): Necessary minor and routine repairs and
maintenance for Emergency Shelter including security expense, pest control services and
gardening expenses.
D. lnsurance ($2,000/month x 6 months): General and Professional liability insurance for Marjaree
Mason Center employees.
lll. Emergency Solutions Grant Required Match
The Marjaree Mason Center's match will be used to provide additional shelter services including: food
and clothing; life skills, parenting and nutrition classes, children's enrichment activities, emergency
transportation, case management and safety planning; 24-hour crisis intake, emergency cell phone;
and referrals to other services with Marjaree Mason Center as well as other agencies. Marjaree
Mason Center will use the following sources as a match: California Office of Emergency Services
Domestic Violence Assistance Program grant (State portion only-$SO,000); First 5 of Fresno County
($5o,ooo).
lV. Process for Expenditure Requests from City.
MMC utilizes a computerized accounting system called Abila MIP Fund Accounting. To address
accounting for ESG expenses, the Marjaree Mason Center's Emergency Solutions Grant will have
its own grant number(s) within the accounting system. Under this number, all actual expenses will
be compared to budgeted expenses on a monthly basis. The computerized accounting system
ensures no funds are supplanted in the expending of grant funding, and that all contractors working
on the grant receive appropriate payment. On a monthly basis, the Director of Finance will compare
expenditures and revenue to budgeted amounts. After comparisons are reviewed, the expenditure
requests will be prepared by the Director of Finance and reviewed by the Associate Director-
Shelter Services and/or Executive Director. After review by the Associated Director and/or
Executive Director, the Director of Finance will send the request to the contact at the City.
PAGE 23
Exhib¡t B
BUDGET SUMMARY
Consultant Service Agreement between City of Fresno ("Cltl¡")
and Marjaree Mason Center ("Consultant")
Emerqencv Solutions Grant
PROJECT TITLE
See attached
Client Services Advocate #2 (L FTE x S1,984/month x 6 monthsl S L1,904
Personnel Salaries and Employee Benefits:
A. Personnel
Client Services Advocate #1
Marjaree Mason Center, lnc.
Proposa I Nu mber Ltt420L4
Emergency Shelter Budget
Computation
(1 FTE x St,g2slmonth x 6 months)
(523,454 person nel x 1L.35%)
(523,454 personnel x 15.00%)
Computation
(53,000 month x 6 months)
(S1,500/month x 6 months)
($4,500/month x 6 months)
Cost
S i.1,550
5 2,662
S 3,518
Cost
$ 18,ooo
S g,ooo
S 27,ooo
Health Benefits (523,454 personnel x L8.615%) S 4,366
Total Personnel:S 34,ooo
B. Frinee Benefits
PayrollTaxes
Worker's Compensation
Operating Expense
A. Operating Expenses
Utilities
Telephone Expense
Repairs and Maintenance
il.
lnsurance (S2,000/monthx6months) S12.000
Total Operating Expenses S g¿,tgo
$100,000Total Marjaree Mason Center Emergency Shelter Budget
PAGE 25
Citv olEEDECII.I:-*'--fnE=-Ezz¿¡rs
EXH¡BIT C
EMERGENCY SHELTER GRANT
HOMELESS SERVICES QUARTERLY REPORT
of Organization:Period Covered by Report:
Description of Services:
Meals Shelter
ty:State:Zip Code: I Term of ContracUAgreement:
Number:
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 Ghildren Headed by:
Single 18 and over
Youth 18 and under
Two parents 18 and over
Two parents under 1 I
Families with no children
Enter Approximate Percentages (round to the nearest whole number e.g. 48.2o/o=48'/" or 23.7%=241
Adults
% Males
% Males
% Male
% Male
% Male
% Male
% Male
Transitional Housing
Outreach
Soup Kitchen/Meal Distribution
Health Care
HIV/AIDS Services
Employment
Homeless Prevention
Children
ToFemales
7o Females
% Female
% Female
% Female
% Female
% Female
o/o Drug Dependent lndividuals
% Elderly
% Veterans
% Physically Disabled
% Other
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other
On an average day the percentage of the population served who are:
% Battered Spouse
% RunawayÆhrow Away Youth
% Chronically Mentally ILL
% Developmentally Disabled
% HIV/AIDS
% Alcohol Dependent lndividuals
Shelter Type: Number of persons housed
Barracks
Group/Large House
Scattered Site Apartment
Single Family Detached House
Aqe Levels
l-5
5-12
13-17
1 8-34
35-54
55-59
60-64
65+
Unknown
Total
Organization:Reporting Period:
Gender
Male
Female
Total
Veterans
Persons w/ Disabilities
Race
lotal Persons Hispanic Persons
White
Black/Africa n American
Asian
Amer. lndian/Alaska Native
Native HawaiianiOther Pacific lslander
Amer. lndian/Alaska Nat. & White
Asian & White
BlacUAfrican Amer. & White
Amer lndian/Alaska Nat & Black African American
TOTAL
Matching Funds Report (ESG requires a 1:1 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
fotal Shelter Niqhts
Year to Date:
fotal Meals
fotal Shelter Niqhts
PrinVType Name Job Title:
EXHIBIT D
Consultant Service Agreement between City of Fresno ("C|TY")
And Marjaree Mason Genter ("CONSULTANT")W
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 adveftising injury"
with coverage for premises and operations (including the use of owned
and non-owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemnity obligations
under the Agreement) with limits of liability not less than those set forth
under "Minimum Limits of lnsurance."
The most current version of ISO *Commercial Auto Coverage Form CA
00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence form
and shall provide coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1- Any Auto). lf personal
automobile coverage is used, the CITY, its officers, officials, employees,
agents and volunteers are to be listed as additional insureds.
Workers' Compensation insurance as required by the State of California
and Employe/s Liability lnsurance.
4. Professional Liability (Errors and Omissions) insurance appropriate
CONSULTANT'S profession. Architect's and engineer's coverage is
be endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to
CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
2
to
to
PRC 1 0/10-07-04
PAGE 28
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property
damage;
(ii) $1,000,000 per occurrence for personal and advertising
rnJury;
(iii) $2,000,000 aggregate for products and completed
operations; and,
(iv) $2,000,000 general aggregate applying separately to the
work performed under the Agreement.
2. COMMERCIALAUTOMOBILELIABILITY:
$1,000,000 per accident for bodily injury and property damage.
oR*
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability
not less than:
(i) $100,000 per person;
(ii) $300,000 per accident for bodily injury; and,
(iii) $50,000 per accident for property damage.
3. WORKERS' GOMPENSATION INSURANCE as required by the State of
California with statutory limits
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;(ii) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $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 lnsurance," 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 officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
PRC 1 0/10-07-04
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 lnsurance, and approved by, the CITY'S Risk Manager
or his/her designee. At the option of the CITY'S Risk Manager or his/her designee,
either:
(i) The insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its officers,
officials, employees, agents and volunteers; or
(ii) CONSULTANT shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or
self-i nsured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations
by use of ISO Form CG 20 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 201011 85.
2. The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional lnsured.
3. For any claims related to this Agreement, CONSULTANT'S insurance
coverage shall be primary insurance with respect to the CITY, its officers,
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 04 13.
fhe 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 CITY, its officers, officials, employees, agents and volunteers.
PRC 1.0/10-07-04
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 CONSULTANT.
2. lnsurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement work
or termination of the Agreement, whichever occurs first, or, in the
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 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, 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 furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY'S Risk Manager or his/her designee prior
to CITY'S execution of the Agreement and before work commences. 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 ceftified by the underwriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
PRC I 0/10-07-04
PAGE 31
--MARJA-I OP lD; AMACORD"CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDÍYYYY}
o2t25t15
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. TH|S CERTTFTCATE OF TNSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING TNSURER(S), AUTHORÍZED
REPRESENTATIVE OR PRODUCER, AND THE CERTFICATE HOLDER.
IMPORTANT: lf the certif¡cate holder is an ADDIIIONAL INSURED, the pol¡cy(¡es) must be endorsed. lf SUBROGATION lS WAVED, subject to
the terms and conditions of the pol¡cy, certain policies may require an endorsement A statement on th¡s certif¡cate does not confer rights to the
certificate holdêr ¡n lieu of such endorsementls).
PRoDUCER 559.451-3411
DLL lnsurance Agency ll
5OBB N. Fru¡tAve. #101 559451-3415
Fresno, CA 9371 I
Greg Anderson
Rebecca Beiarano
'\'" r*"559451-3411 lllìâ.ruor,559.451-3415
i-däil'=ss, rbeiarano@dllinsurance.com
INSURERISI AFFORDING COVERAGE NAIC I
tNsuRER A : Nonprofits' lnsurance Alliance
lNsuRED Marjaree MaSOn Genter, lnC.
Marcus Martin
1600 M Street
Fresno, Cl.93721
INSURER B :
INSURER C :
INSURER D :
INSURER E :
CERTIFICATE NUMBER: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 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIIVIITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
NSRr1Þ TYPE OF INSURANCE POLICY NUMBER
FUUUI EFF
IMM'D¡}/YYYYI
TVLILf EÃF
IMM'DDÍYYYYì LIMITS
A X x ¿01505540NPO 01t07t't5 01t07t16
EACH OCCURRENCE s 1.000.00(
UAMAGT IORTNIÊL)
PRFMIStrS /Fâ ô^^'rrr $500.00r
MED EXP (Anv one oerson)$20,00(
PERSONAL & ADV INJURY s 1.000.00(
GENERAL AGGREGATE s 3.000.00r
GEN'L AGGREGATE LIMIT APPLIES PER:__l
"nr,"" fl tsB; f_-] ,o"
PRODUCTS - COMP/OP AGG $3.000.00r
$
A i:l
X__-]
OMOBILE LIABIUTY
ANY AUTO
ALLowNED [__.l sc¡eouLeoAUTos I I AUTos[;I NoN-OWNEDHIREDAUTOS IAIAUTOS
tt
x X ¿01505540NPO 01t07t15 01t07t16
COMBINED SINGLE LIMIT ç 1.000,00(
BODILY INJURY (Per person)$
BODILY INJURY (Per accident)$
tsKUtsEK I Y UAMAþts s
s
UMBRELI-A UAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
n.n I l*.rr"r,n**$
WORKERS COMPENSAT|ON
AND EMPLOYERS'LTABILITY Yl N
ANY PROPRIETOR/PARTNER/EXECUÎIVE T---l
OFFICER/lilEl\ilBER EXCLUDED? I I(Mandatory ¡n NH)
lf yes, describe underñÊeaÞlÞrlôNl ôtr ôÞtrPÂTlnNlS halôw
N/A
I WCSTATU- I IOTHlr^rvrrr¡rrêl I -h
E L EACH ACCIDENT $
EL DISEASE.EAEMPLOYEI $
F I DISFASF - PÔI ICY I IMI'Í $
A Professional Liab ¿01505540NPO
ìETRO DATE 01t07t1997
01t07t't5 01t07t,t6 \ggregate 3,000,00(
)ccurrnce 1,000,00(
DESCRIPÎON OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD l0l, Add¡tional Rêmrks Schedule, ¡f morc space i! required)
ñotice of cancellation is 30 days except in the event of cancellation for
non-payment o! non-reporting which is 10 days. The City of Fresno, its
officers, officials, eoployees, agents and vol-unteers are to be listed as
addítional insureds this insurance is prinary. Iüaiver of Subrogation
applies.
CANCELLA
CITYFRH
City of Fresno Housing &
Community Develoment
Division
2600 Fresno Street, Room 3076
¡Fracna (ì ql7tl-?Ân5
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
@ 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
NoTpnOFITS
INSUnANCE
ÅLLIANCE oF CÂLIFORNIÂ
A Heod lor lnsu¡oncc. A Heort for NonprotÍts.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
PRIMARY AND NON.CONTRIBUTORY ENDORSEMENT
FOR PUBLIC ENTITIES
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION ll - WHO lS AN INSURED is amended to include any public entity as an additional insured for
whom you are performing operations when you and such person or organization have agreed in a written
contract or written agreement that such public entity be added as an additional insured(s) on your policy,
but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
arising out of, in whole or in part, by:
1. Your negligent acts or omissions; or
2. The negligent acts or omissions of those acting on your behalf; in the performance of your ongoing
operations.
No such public entity is an additional insured for liability arising out of the "products-completed
operations hazard" orfor liability arising out of the sole negligence of that public entity.
With respect to the insurance afforded to these additional insured(s), the following additional exclusions
apply.
This insurance does not apply to "bodily injury" or "property damage" occurring after:
1. All work, including materials, parts or equipment furnished in connection with such work, on the
project (otherthan service, maintenance or repairs) to be performed by oron behalf of the additional
insured(s) atthe location of the covered operations has been completed;or
2. That portion of "your work" out of which injury or damage arises has been put to its intended use by
any person or organization other than another contractor or subcontrac{or engaged in performing
operations for a principal as a part of the same project.
The following is added to SECTION lll- LIMITS OF INSURANCE:
The limits of insurance applicable to the additional insured(s) are those specified in the written contract
between you and the additional insured(s), or the limits available under this policy, whichever are less.
These limits are part of and not in addition to the limits of insurance under this policy.
With respect to the insurance provided to the additional insured(s), Condition 4. Other lnsurance of
SECTION lV - COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following:
4. Other lnsurance
a. Primary lnsurance
This insurance is primary if you have agreed in a written contract or written agreement:
B.
c.
D.
N|AC E61 02 13 Page 1 of 2
b.
(1) That this insurance be primary. lf other insurance is also primary, we will share with all that
other insurance as described in c. below; or
(2) The coverage afforded by this insurance is primary and non-contributory with the additional
insured(s)' own insurance.
Paragraphs (1) and (2) do not apply to other insurance to which the additional insured(s) has
been added as an additionalinsured orto otherinsurancedescribed in paragraph b. below.
Excess lnsurance
This insurance is excess over:
1. Any of the other insurance, whether primary, excess, contingent or on any other basis:
(a) That is Fire, Extended Coverage, Builder's Risk, lnstallation Risk or similar coverage for
"your work";
(b) That is fire, lightning, or explosion insurance for premises rented to you or temporarily
occupied by you with permission of the owner;
(c) That is insurance purchased by you to cover your liability as a tenant for "property
damage" to premises temporaríly occupied by you with permission of the owner; or
(d) lf the loss arises out of the maintenance or use of aircraft, "autos' or watercraft to the
extent not subject to Exclusion g. of SEGTION I - COVERAGE A - BODILY INJURY
AND PROPERTY DAMAGE.
(e) That is any other insurance available to an additional insured(s) under this Endorsement
covering liability for damages arising out of the premises or operations, or products-
completed operations, for which the additional insured(s) has been added as an
additional insured by that other insurance.
(1) When this insurance is excess, we will have no duty under Coverages A or B to defend the
additional insured(s) against any "suit" if any other insurer has a duty to defend the additional
insured(s) against that "suit". lf no other insurer defends, we will undertake to do so, but we
will be entitled to the additional insured(s)' rights against all those other insurers.
(2) When this insurance is excess over other insurance, we will pay only our share of the amount
of the loss, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the loss in the absence of
this insurance; and
(b) The total of all deductible and self-insured amounts under all that other insurance.
(3) We will share the remaining loss, if any, with any other insurance that is not described in this
Excess lnsurance provision and was not bought specifically to apply in excess of the Limits
of lnsurance shown in the Declarations of this Coverage Part.
Methods of Sharing
lf all of the other insurance available to the additional insured(s) permits contribution by equal
shares, we will follow this method also. Under this approach each insurer contributes equal
amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever
comes first.
lf any other the other insurance available to the additional insured(s) does not permit contribution
by equalshares, we willcontribute by limits. Underthis method, each insurer's share is based on
the rat¡o of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
N|AC E61 02 13 Page2of 2
A Ileød lor lnsurance. A Heort fol Nonprcl¡ts.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON
OR ORGANIZATION
This endorsement modif¡es insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
Any person or organizetion that you are required to add as an additional insured on this policy, under a written
contrad or egreement cunently in effect, or becoming effective during the term of this policy, in consideration
of food contributions or client refenals you receive from them.
(lf no entry appeers above, information required to complete this endorsement will be shown in the Declaralions as
applicable to this endorsement.)
WHO lS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented
to you.
N|AC E25 01 98 Page 1 of 1
Io I
A Hcod |ot lnsutønca, A Hedtt Íot NonPrcflts'
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER RIGHTS OF RECOVERY
AGAINST OTHERS
This endorsement mod¡fies insurance provided underthe following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SOCIAL SERVICES PROFESSIONAL LIABILITY ENDORSEMENT
IMPROPER SEXUAL CONDUCT LIABILITY COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
We walve any right of recovery we mey have against the person or orgenization shown in the schedule below
because of payments we make for injury or dtmage srising out of 'your work" done under a oontrâct with that
person or organization. The waiver applies only to the person or organization shown in the schedule.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
Fresno Convention and Entertainment Center
City of Fresno Hous¡ng & Community Development Division
N|AC - 8261014 Page I of I
lil ffi:ir'#.üä;
A Head lor lnsurance. A Heart for NanPrclits.
THIS ENDORSEMENT CHANGES THE POLIGY. PLEASE READ IT CAREFULLY.
ADDINONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE ONLY
ln consideration of the premium charged, it is understood and agreed that the following is added as an additional
insured:
(lf no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
But only as respects a legally enforceable contradual agreement with the Named lnsured and only for liability arising
out of the Named lnsured's negligence and only for occurrences of coverages not otherwise excluded in the policy to
which this endorsement applies.
It is further understood and agreed that irrespective of the number of entities named as insureds underthis policy, in
no event shall the company's limits of liability exceed the occunence or aggregate limits as applicable by policy
definition or endorsement.
N|AC A1 03 91 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAVER OF TRANSFER RIGHTS OF RECOVERY
AGAINST OTHERS . AUTO
This endorsement modifles insurance provided underthe following:
BUSINESS AUTO COVERAGE FORM
We waive any right of recovery we may have against the person or organization shown in the schedule below
because of payments we make for injury or damage arising out of your operations done under a contract with that
person or organization. The waiver applies only to the person or organization shown in the schedule.
SCHEDULE
NAME OF PERSON OR ORGANIZATION:
City of Fresno Housing & Community Development Division
N|AC-E41 (5/05)
--MARJA-I OP lD: AM
A,CORD"ç CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDTYYYY}
02t27t15
THIS CERTFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATVELY OR NEGATVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
TMPORTANT: lf the cert¡f¡cate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGAÏON lS WAVED, subject to
the terms and conditions of the policy, certa¡n policies may require an endorsement. A statement on this certificate does not confer rights to the
certif¡cate holder ¡n lieu of such endorsement{s}.
PRoDUCER 559-451-3411
Dl_L-lnsurance ASe..qçyll SS94S1_34185088 N. Fruit Ave. #l0l
Fresno, CA 9371 1
Greg Anderson
iXüËî"' Rebecca Beiarano
l'I'3\'" '.',559451-3411 IlËê.r,¡or,559451-3415
iiiîíiE"", rbeiarano@dllinsurance.com
INSURERIS} AFFORDING COVERAGE NAIC f
TNSURERA, New York State lns Fund
lNsuRED Marjaree MaSOn Genter, lnC.
Marcus Martin
1600 M Street
Fresno, CA93721
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSIIPFP F .
CERTIFICA 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 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
COMIUERCIAL GENERAL LIABILITY
CLAIIVS-IVADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
ALLOWNED I I SCHEDULEDAUToS I I AUTOSI I NON-OWNED
HIREDAUTOS I I ¡u[os
BODILY INJURY (Per person)
WORKERS COMPENSATION
AND EMPLOYERS' LIABIUTY
ANY PROPRIETOR/PARTNERiEXECUTIVE
OFFICER/¡,llEMBER EXCLUDED?
(Mandatory in NH)
E L EACH ACCIDENT
E L DISEASE - EA EMPL
DESCRtpTtON OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD l0l, Add¡tional Remrks Schedule, if more space ¡s requiredl
Noticê of cancellation is 30 days except in the event of cancellation for
non-payment or non-reporting which is 10 days. Consultant and its insurer
shaI1 waive any right of Subrogation against The City of Fresno, iÈs
rs, officials, employeesr agents and volunteers.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Gity of Fresno Housing &
Gommunity Development
Division
2600 Fresno Street, Room 3076 /q?*-
@ 1988-2010 ACORD CORPORATION. All rights reserved.
The AGORD name and logo are registered marks of ACORDACORD 25 (2010t051
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT_ CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organ¡zation named in the Schedule. (This agreement applies only to the extent that you per-
form work under a wr¡tten contract that requires you to obtain th¡s agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
The additional premium for this endorsement shall be 5 . 0 0 0 % of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization
The City of Fresno, its officers, officials, employees,agents and vol-unteers.
City of Fresno Housing & Community Development Division
2600 Fresno Street, Room 3076
Fresno, CA 93727-3605
Job Description
A1I Operations of the Named Insured
This endorsement changes the policy to which ¡t is attached and is effective on the date issued unless othenruise stated.
(Ihe informat¡on below is required only when this endorsement ¡s issued subsequent to preparat¡on of the policyJ
EndorsementEffectiveDatez0Tf 01,/20L4 PolicyNo. V1C20I400006504 EndorsementNo. 1
Policy Effecrive Date: 01 / 0r /2 014 to 07 / 0L / 20]-5
lnsured: Mar j aree Mason Center, Inc .
DBA:
CarrierName/Code: New York Marine and General fnsurance Company
wc 04 03 06
(Ed.4-84)
Counters¡gned by
Page 1 of 1
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emergencv Solutions Grant
PROJECT TITLE
YES*NO
I Are you currently in litigation with the City of Fresno or any of its
agents?
tr
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
tr
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
n
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?
tr
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
b 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
Attention: Genelle Taylor Kumpe
1600 M Street
Fresno, CA 93721
Phone: (559)487-1304
FAX: (559) 237-0420
I Additional page(s) attached.
Date
PRC 1.0/10-07-04
PAGE 32