Loading...
HomeMy WebLinkAboutMarjaree Mason Center Emergency Solutions Grant expires 815201515'ob'l tlzdlzotS -oC-ôo;zoa"ur (U u 'È:uoo9 f- n)OOèı 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. PRC '1 0/10-07-04 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 PRc 1 0/10-07-04 'AGE 2 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. PRC 1 0/10-07-04 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 PRC 1 0/10-07-04 'AGE s 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 PRc 1 0/10-07-04 'AGE 7 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 CÂLIFORNI 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