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HomeMy WebLinkAboutTurning Point of Central CA - Emergency Shelter FY12L StreetAGREEMENT TO PROVIDE EMERGENCY SHELTER SERVICES 56 Viz' This Agreement to Provide Emergency Shelter Services, hereinafter referred to as the o 0 "Agreement", is made and effective July 1. 2011, by and between the City of Fresno, a it municipal corporation, acting through its Housing S Community Development Division, hereinafter referred to as the "City, and Turning Point of Central California, a California u nonprofit cohporetion qualified to do business in good standing in the State of California, hereinafter referred to as the "Provider'. RECITALS WHEREAS, in accordance with and In Pursuit of the Emergency Shelter Grants program contained in subtitle B of this IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11371-113]8) and implementing federal regulations, policies and guidelines Including without limitation Cade of Federal Regulations Title 24, hereinafter referred to as the "Ad", incorterna tl herein and available from City, the U.S. Department of Housing and Urban Development, hereinafter HUD, makes available Emergency Shelter Grant funding, hereinafter referred to as "ESG Funding', to eligible HUD recipients, for the rehabilitation or conversion of buildings for use as emergency shelter for the homeless, for the payment of certain operating expenses and essenfial services in connection with emergency shelters for the homeless, and for homeless prevention activities, in order to enable tameless individuals and families to nave toward Independent living, and preventing homelessness, hereinafter retained collectively referred to as the 'Services'; and WHEREAS, City is an eligible HUD recipient and has adopted a Consolidated Plan ("Plan") that identifies a need In provide assistahae to the homeless and an Annual Action Plan that provided ESG Funding tor the Services, and WHEREAS, during the term hereof City anticipates receipt and allocation of ESG Funding, which Funding shall be the sole source of funding for the Services hereunder, and WHEREAS, City desires to obtain from Provider, and Provider dealms to provide to City, in full compliance with the Act and all other applicable federal, stele and boat laws, Nies and regulations, the Services mere specifically described In section 2 of this Agreement; and WHEREAS, Provider, variously engaged in the business of providing Ne Services andlor comparable services, and is ful competent, authorized, and able to enter into this Agreement and Perform the Services, holding any and all implicated licenses, permits anchor approvals; art Turning Point FY 12 ESG Ageehnmt Page I of 22 WHEREAS, Provider does and shall provide each Services on a remount basis, as an independent contractor, possessed of and exercising the complete right to central Me means of accomplishing said Services; and WHEREAS, KHormance of the Services by Provider will be of benefit to the City and In the public interest. NOW THEREFORE, In consideration of the above recitals, which recitals are contractual in nature, the mutual promises herein contained, and for other good antl valuable considere6on hereby acl nowlaill thepail agree as follows: AGREEMENT IMM, 1.1 The tens of this Agreement and the ESG Funding gent hereunder shall be for the period commencing on the date first set forth above and ending on June N, 2012, unless terminated wrier as herein below provided. 2. Scone of Woh. Provider agrees to pedonn the following Services. 2.1 Provide the following services (1) through (v) related to Providers eMemally funded administration, management and operation of (an) emergency shehegs) that at all times hereunder shall provide in the aggregate a minimum of 2,646 one night shelter unitsf ioarter and a minimum of 7,938 meals unadquarter, to total 10,504 one night shelter units and 31,752 meal units during the entire term of Me Agreement, to homeless individuals and others In need W said Services: (1) U61Hies; (ii) Insurance; (iii) Maintenance and repair activities; (iv) Third party provided pest control, alamelsecudty/guard and laundry services, and such other third party provided services as may be priorapproved City; and (v) Security systems 2.2 Upon the written raqueat of Provider demonstrating charged circumstances beyond the reasonable control of the Pmvideo City in Its absolute discretion, may authorize deviations tram above section 2.1, in the form of a written addendum hereto. 2.3 The program(s) to he provided by Provider under this Agreement are identified as; Shelter services 2,4 Provider agrees to provide the shelter to homeless individuals at the followlrg locations: 1692 "L" Street, Fresno, CA 93721 Turning Point FY12 ESG Ag mien Page 2 of 22 The City in its absolute discretion may approve in writing additional locations where ESG funds may be used to support the above listed program(s) being provided by the Provider. 3. Cftv's D'sbursemeM of ESG Funding to Provider 3.1 City shall use ESG Funding to reimburse Provider, in anears upon Provider's satisfactory performance of section 2.1 ('fv) Services hereunder, In a sum not to exceed In the aggregate Twenty Five Thousand, Four Hundred Sixty Eight Dollars ($25,468.00) during Ne ten hereof, according to the following schedule: 3.1 ,1 Upon invoice to City, payable in City's normal course of business, provided that ESG Funding disbursements hereunder shall not exceed the base sum of Six Thousand, Three Hundred Sixty Seven Dollars ($6,367.00) in any quarter, adjusted for series unit shortfall as provided in this section 3.1.1, absent the written consent of the City upon unusual circumstances supported by vendor, and further provided that City's receipt of paid invoices, supporting accounts and records together with documentation for matching funds and the Homeless Services Report, hereto as Exhlbit W Incorporated herein, for each preceding three (3) month period shall all be express condHkns precedent to any payment obligation In City. If provider fails to achieve the Section 2.1 minimum service units in any quarter (after cretlitlng Provider with the total surplus units accrued from poor quarter(s), it any), and without llmilation or waiver of other righteremedies available to City, the City may withheld from that quartedy disbursement a non-interest eaming sum representing Me percentage service unit shortfall. Sums withheld will be paid with the next due quarterly disbursement if Provider demonstrates to the City's satisfaction that the shortfall has been made up. If the entire shortfall is not made up by the end of the tens of this Agreement, Ne aggregate withheld amount shall be forfeited by Provider and shall revert to City's ESG Funding accounts free of any obligation under this Agreement 3.2 Except to the extent expressly provided for herein, all wstalexpenses incurred by Provider hereunder shall be the sole responsiblldy and liability of Provider. 3.3 All funds are paid contingent upon Provldees continuous compliance w11h all applicable, uniform administrative requirements, program regulations, enrapture and reversion mquirements, set out in the Act. Any Unearned or recaptured ESG Funding shall be returned to the City within thirty (30) days of the turner of temrination of this Agreement or determination of receptors. Any interest earned or received by Provider thereon shall be promptly remitted to the City. 3.4 Provider acknowledges and agrees Nat the ESG Funding hereunder is subject to the control of HUD and may be encumbered, witlkrewn, or otherniae made unavailable to the City (whether earned or promised to, or by, the Provider). The Provider shall not be paid such funds unless and until they are made available for payment to the City by HUD. No other funks awned or controlled by the City shall be obligated under Nts Agreement unless Specifically approved and permflled by the Fresno Cry Council. Turning Point M2 FSG Agecment Page 3 of 22 Nothing herein constitutes a pledging or obligating of City Ponds, It's General Fund, or any real and personal pmperty taxes, sales taxes or any other lax revenues. Should sufficient funds not be appropriated, the Services provided may be modified, or This Agreement terminated, at any time by he City as provided in section 9 below. 3.5 All Pmvder invoices and substantiating materials supporting the final payment must W received within forty-five (45) calendar days following me end of the City f erg year in whitlt earned unless the City gives its written consent otherwise. 4. attracting Funds Requirements f Provider 4.1 Provider agrees to match all ESG Funding disbursed to it by City on a dollar for dollar basis. Donated funds, material and labor may be used as matching funds. Time contributed by volunteers shall be calculated at the rete of $5 per hour Provider shall determine the value of donated material or building space using a method based on fair market value. Other Federal funds may be used as matching funds unless expressly prohibited by law or contract. Unless otherwise provided by applicable law or contract, matching funds shall hd applied in furtherance of the Services. S. Disposition of Program trimmer 5.1 Absent the City's within consent, any program income generated hereunder shall be used to reduce the City's reimbursement obligations hereunder, or in the absence thereof promptly remitted affinity to the City. 5.2 "Program Inconel for the specific purpose of this Agreement shall be as formed in the Act. Unless otherwise provided for in the Ad, program income shall include any and all gross Income earned by or accruing to Provider in its pursuit hereof provided that the term program Income does not Include rebates, credits, discounts or refunds realized by Provider in its pursuit hereof. 6. Use of funds. 6.1 The Provider shall use the funds provided by the City solely, for the purpose of providing services related to Providers' extemally funded adminlstmtion, management and operation of (an) emergency shelter. 7. Availability ofESGF d 7.1 Provider acknowledges and agrees that the ESO Funding hereunder is subject to me control of HUD and may be encumbered, withdrawn, or otherwise made unavailable to the City (whether eared or premised te, or by, the Provider). The Provider shall not be paid such funds unless and until they are made available bar payment to the City by HUD. No other funds owned or controlled by the City shall be obligated under this Agreement unless specifically approved and permitted by the Fresno Clry Council. Tommi; Point FT12 PSG Agreement Page 4 of22 Nothing herein constitutes a pledging or obligating of City funds, Its General Fund, or any real and personal propend taxes, sales taxes or any outer tax revenues. B. Default. 8.1 The parties agree that each of the following shall constitute an "Event of Defauh for purposes of this Agreement: 8.1,1 Providers use of ESG Funding for other then in pursuit of the Services. 8.1.2 Providers failure to obtain and maintain the insurance coverage required most this Agreement. 8.1.3 Except as otherwise provided in this Agreement, the failure of Provider to punctually and property perform any other covenant or agreement contained in this Agreement including without limitation the following: (i) Any representation, Warranty, or certificate given or furnished by or on behalf of Provider shall prove to be materially false as of the date of which the representation, warranty, or certification was given, or that provider concealed or failed to disclose a material fad to City, provided, however, that 8 any representation, warranty, or certification that proves to be materially false is due merely to Provider's inadvertence, Provider shall have a thirty (30) day oppartunsy after written notice thereof to cause such representation, warranty, or certification to be true and complete in every respect. (ii) Provider shall file, or have filed against h, a petition of bankruptcy, insolvency, or similar law, state or federal, or shall file any petition or answer seeking, consenting to, or acquiescing In any reorganization, arrangement. combustion, readjustment, liquidation, dissolution, or similar relief, and such petition shall not have been vacated within fourteen (14) days; or shall be adjudicated bankrupt or Insolvent, under any present or future statute, law, regulation, under state or federal law, and such judgment or decree is not vacated or set aside within fourteen (14) days. (iii) Providers failure, Inability or admission in writing of Its Inability to pay Its debts as they became due or Providers assignment for the benefit of creditors. (iv) A receiver, trustee, or liquidator shall be appointed for Provider or any substantial part of Provider's assets or properties, and not be removed within tan (10) days. (v) Providers failure to provide the minimum and total service units sat out in Sectmr 2.1 of this agreement 'timing Point FYI ESG Atummomt Page 5 of 22 (vi) Providers breach of any other material compiler, covenant, warranty, promise or representation contained In this Agreement not otherwise Identified within this section 8. 81 City, shall give written notice to Provider -of any Event of Default by specifying (1) the nature of the event or deficiency giving rise to the default, (2) the action required to cure the deficiency; If any action to cure is possible, and (3) a data, which shall not be less than 30 calendar days from the date of the notice, by which such deficiency must be cored provided, however that d such failure cannot be remedied In such time, Provider shall have an additional thlrty (30) days to remedy such (allure so long as Provider is diligently and in good faith pursuing such remedy. 8.3 Upon the happening of an Event of Default by Provider and a failure In cure mit! Event of Default within the time specified in the notice of Event of Default, Cry's obligation to disburse ESG Funding shall terminate, and City may also at its option and without notice institute any action, suit, or other procuring in law, in equity or otherwise, which it shall deem necessary or proper far the protection of Its Interests and may without limitation proceed with any or all of the following remedies in any oder or combination City may choose In fta sole discretion: 8.3.1 Terminate this Agreement immediately upon written notice to Provider, In which event all impeded and improperly applied ESG Funds disbursed b Provider by City shall be returnetl tolrecapmred by City; 8.3.2 Bring an action in equitable relief (1) moldng specific performance by Provider of the terns and conditions of this Agreement, and/or (2) enjoining, abating or preventing any violation of said terms and conditions, anchor (3) seeking declaratory relief; 8.3.3 Pursue any other remedy allowed at law or in equity or under this Agreement. 9. Termination. 8.1 This Agreement shall terminate upon the camera notice by Clty of non- avallabililylnon-appmpdation of ESG Funding; notice of uncured default; or eviration. Any such lamination shall net relieve a party of obligations due and owing at the time of termination. 9.2 Immediately upon any termination hereof Provider shall return to City any and all unearned payments (including all interest, accruals and gains Moment and all properties antl materials In the possession of Provider at the time of tennind ion that am. owned by the City 9 3 In the event of termination due to failure of Provider of any of its employees to substantially Perform in accordance with the terns of this Agreement, City may withhold Tuming Point M2 ESG Agrevnmt Yagc 6 of 22 an amount that would otherwise be payable as an offset to, but net in excess of City's damages caused by such failure. 9,4 In the event of any termination of this Agreement, either party may exercise any right, remedy (In law or bull or privilege which may he available to it under this Agreement and applicable laws of the State of California or any other applicable law. No remedy or eumbon hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. 95 Notwithstanding the foregoing and without waiver or limitation, in accordance with Me Act Inctuding 24 CFR ill suspension or termination of this Agreement may occur if the Provider materially fails to comply with any term hereof, and the ESG Funding may be terminated for convenience In accordance with 24 CFR 85 44. 9:6 Those previsions of this Agreement expresa y surviving the termination of this Agreement shall so survive. 10. On -Site hlonitoriro. 10.1 Authorized representatives of HUD and/or the City shall have the right to monitor me Provider's performance under this Agreement. Such monitoring may include Inspection activities, review of records, and aftendance at mee0ngs: 10.1.1 City shall monitor the services and performance of Provider under this Agreement in order to comm n ds to the best possible degree b which the program Is successful and whether Providels performance Is in conformance with this Agreement. Provider shall reasonably make its facilities, books, records, reports and accounts available for City's Inspection In pursuit hereof. 10. 1.2 This section 10 shall survive termination or expiration of this Agreement. 11. Records, Reports Inspection and Aul 11.1 Provider shall be accountable to HUD acrd the Chi all ESG Funding disbursed to Provider pursuant to the Agreement HUD and the City shall have the right at all reasonable times to inspect or Perform an audit in accordance with this Section 11, of Providers books, records and other documents pertaining to the Services or this Agreement and for up to five (5) years after the expiration or termination of this Agreement. Provider will maintain separate and segregated books and records for the Servicesuslrggenemllyacceptedaccountingpdnciples. Prmoderagnaestomaintain books, records and other documents that accurately antl fully show the date, amours, purpose and payee of all expenditures reimbursed from ESG Funding and to keep all invoices, receipts and other documents related to expenditures reimbursed Irom ESG Funding for not less than live (5) years after the expiration or earlier termination of the Agreement. Books, records and other documents must be kept accurate and current. Turning Point FYI ESG Allccment Paga 7 of 22 For purposes of this section, "books, records and documents" include, without limitation, plans, drawings, specifications, lodgers, journals, statements, contacts I agreements, funding infomal purchase orders, invoices, loan documents, computer printouts, conespondence, memoranda and electronically stored versions of the foregoing: 11. 1.1 Provider agree to comply with all applicable requirements of the Office of Management and Budget Circular A-122, "Cost Principles for Non -Profit Organizations': OMB Circular A-133 "Audits of States, Loral Governments and Nan -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 auditors reports and audited financial statements no later than three (3) months after the Providers fiscal year end. 11,2 Provider shall comply with applkable portions of 24 CFR Part 110 'Uniform AdministratNe Requirements far Grants and Other Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations'. 11.3 Provider shall be responsible for determining the applicability of the foregoing. 11.4 All costs shall be supported by propedy executed payrolls, time reforms, Inwices, contracts, vouchers, orders, or other accounting documents pertaining In whole or in part to Mls Agreement, and they shall be dearly identified and readily accessible. 11.5 Provider, at such times and In such forms as City and HUD may require, shall furnish to City and HUD such statements, records, reports, data, annual reports, performance reports and information, as City may reasonably request, pertaining to matters covered by this Agreement. 11.6 Prowler is to prepare written finanoal statements, and completed Homeless Services patients, each In the form attached hereto as Exhibit "A', incorporated herein, each covering matters pertaining to the Services, to be submitted to City no later than the thirtieth (301h) of the month following the end of each quarter hereunder for the duration hereof, absent City's poor written consent In cases of unusual clrcumsiarrces as determined In the sole discretion of the City, 11.7 Any duly authorized representative of HUD and City shall, at all reasonable times, have access to and the right to Inspect, copy, audit and examine all beaks of account, records, and other tlowments of Provider relating to the Servtoes far a perud of flue (5) years after the expiration or terminalion hereof. Provider shall cooperate fultywith HUD and City in connection with any interim or final audit relating to the ESG Funding and the Services. 11.8 The Prowl is required to participate in Me Fresno Madera Continuum of Care (FMCmi Participation is defined as attendance at a minimum of 75% of all FMCOC Director's meefings. 'ILmfrl Point FY12 FSGAgreanent Page 8 of 22 11.9 The Provider is required to called and report clientdevel data in a database comparable to me local HMIS run by the Housing Authorities of the City and County of Fresno through a MemoraMum of Understanding with the FMCoG or a data base that complies with any special requirements which may be developed by HUD for legal services or domestic violence victim service providers as pre -approved by the City. Reporting in a database comparable to HMIS is a requirement of ESG funding_ The comparable database will be maintained by the Provider and used to coiled data and report on outputs and outcomes as required by HUD. Provitler is required tc enter all client Intakes, provide regular updates add exit all clients once services are completed. As applicable, Provider must enter the following Information in the comparable database for federal reporting purposes. 1) Name 2) Sodel Security Number S) Data of Birth 4) Race 5) Ethnicity, 6) Gender y) Veteran Status B) Disabling Condition 9) Residence Poor to Program Entry 10)Zip Code of Last Permanent Address 11)Housing Status 12)Program Entry Dale 13)Program Exit Data 14)Personal Identification Number 15)HousehdM Identification Number 16)Income and Sources 11)Non-Case Benefits 1 B)Destination (where client will stay upon exit) 19)Flnancial Services Provide fit any) 20)Housing Relocation & Stabilization Services Provided (if any) 11 A0 City shall provide full reporting requirements; as required by HUD, ureter separate documentation for all pmvlders. If Provider is a legal services or domestic violence victim services provider, and requires diem -level Information to remain confidential, they will be required to establish a comparable client -level database Internal to its oMemation (e.g. no readying data sham l with the HMIS or the CITY and will provitle only aggregate data to the CITY as required). Provider will work who 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 Turning Point FYI ESG Agroemaa Page 9 of 22 compliance with the HMS Data and Technical Standards which are acceptable to HUD and the City. 11.11 All data elements specified above in 11.9 must be recorded for each ESG Program in the HMIS and the teles nodded to correct generate the Performance reports are required to be collected In the comparable database. 11.12 The Provider is required to provide housing unit and client data to the City of Fresno, or designee, to include in the Paint in Time survey as administered by the Fresco -Madera Continuum of Care and as required by the HEARTH Act of 2009. 11.13 This section 11 shall survive termination or expiration of this Agreement. 12. Other Federal Reou'rements. 12.1 Pmviderwarrants, covenants and agrees, for Bself and Us contractors art subcontractors of all tier& that it shall comply with all applicable requirements of the Lead -Based Paint Poisoning Pressman Act of 42 U.S.C. 4821 at seq., 24 CFR Pad 35 and 24 CFR 982.401Q). In this regard Provider shall be responsible for all inspection, testing add abatement acgvfties. 12.1.1 The requirements, as applicable, of the Leari43ased Paint Poisoning Prevention Act (42 L.S.C. 48214846), the Residential Lead -Based Point Harard Reduction Ad of 1992 (42 U. S.C. 4851-4856) and impdearedmig regulations at 24 CFR Part 35. In addition, the fallowing requirements relating b Inspection add abatement of defective leaf -based paint surfaces must be satisfied: (1) TreffimentoWdeci paint surfaces must be performed before final inspection antl approval of the renovation, rehabilitation or conversion activity under this pad; and (2) Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. 12.2 The Pmvitler agrees to comply with all applicable requirements of Seddon 504 of the Rehabilitation Ad of 1973 and HUD implementing regulation 24 CFR Part B. 12.3 In addition to the Federal requiremenls set forth in 24 CFR Part 5, use of emergency shelter grant amounts must comply with the follovnrg requirements: (a) Nondiscrimination ant equal opportunity. The nontllscon ination and equal opportunity requirements at 24 CFR Pad 5 are modified as follows: 12.3.1 RehabilBatbn Act requirements. HUD's Inquisitors at 24 CFR Pan 8 implement section 504 of the Rehabilitation Ad of 1973 (29 ULS.C. 794). For purposes of the emergency shelter grants program, the tens "dwelling units" In 24 CFR Pad 8 shall Include sleeping accommodations. Taming Point FY12 PSG Atianent Page 10 of 22 12.3.2 Provider shall make known that use of Me facilities and Services is available fo all on a nondiscriminatory basis. If the procedures that the Provider intends to use to make known the availability of the facildes and Services are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify far such facilities and Services, the Provider must establish additional procedures Mat will ensure that such persons are made aware of Me facilities and Services. The Provider must also adapt procedures which all make available to Interested persons information concerning the location of Services and facilities that are accessible to persons with disabilities. 12.3.3 The policies, guidelines, and requirements of 24 CFR Pari 85 (ocdi8ed pursuant to OMB Circular No. A-102) and OMB Choular 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 ohgamizatlofls. 12A The Providerwill be responsible ler all aspects Project contract award and management Including the advertising for bids and shall award Me contract to the lowest responsible and responsible bidder. The Provider shall verify with the Labor Relations and Equal Opportunity Division of the U.S. Department of Housing & Urban Development (HUD) Area Once that the low bidder has not base debarred or suspended from anticipating In federal projects. 12.5 Provider warrants, covenants and agrees that It shall perform the Services in a manner that is free fmm religious Influences add that it shall hot engage in any prohibited activities described in 24 CFR 676.23. Without limitation, Provider shall not unlawfully discriminate on thebasis of religion and shall not provide religious instruction or counseling, conduct religious services or worship, engage In relglous proselylizlrg, or exert other religious influence in pursuit hereof. Subject 0 the foregoing, Provider does not intend to utilize ESG Funding to construct, rehabilitate or convert facilities owned primarily by religious organizations or to assist pdmanly religious organizations in acquiring or leasing facilities to Me extent prohibited in 24 CFR 576.23. 12.6 Provider shall perform the Services in compliance with, add not to cause or permit the Services to be in violation of, any existing or future environmental law, rule. regulation, ordinance, or stai Provider agrees that, d City has reasonable grounds to suspect any such violation, Pmvitler shell be enti0ed N thirty (30) days notice and opportunity, to cure such violation. If the suspected violation is not cured, City, shall have the right M retain an independent consultant to inspect and test the subject facilities for such violation. If a violation is discovered, Provider shall any for the coat of the independent consultant. 12 7 The OMB Circulars refefenced In this Agreement are available at the Enfitiement Cities Division, Roam 7282, Department of Housing end Urban Development, 451 Seventh Street, SW., Washington, DC 20410. Turning Poim FYI 2 ESG A&reeni Pagel I of 22 13. Relocation 13.1 Provider shall assure Nat it has taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of this Project and the Services rendered in pursuit thereof. 13.2 A displaced person must be provided relaxation 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.&C. 4601-0855). 14. Further Assurances. 14.1 This Agreement. when executed and delivered, shall constitute the legal, valid, and binding obligations of Provider a rnmeable against Provider in accordance win Its respective terms, except as such enforceability may be lini 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 geneeal principles of equity without the joiner of any other party. 14.2 Provider represents and warrants as of the date hereof that Provider has obtained and, to the best of Provider's knowledge. is in compliance win all federal, state, and local governmental reviews, consents, authorizations, approvals, ant licenses presently required by law to be obtained! by Provider for the Services as of the date hereof. 14.31n the performance of MIs Agreement, Provider shall promptly and faithfully comply with, cenform to and obey the Act and all amendments thereto, and shall maintain all clothes hereunder In compliance with building, health and safety codes. 14.4 Pmvider shall be solely responsible and liable for any recapture or repayment obligation imposed by HUD due to any act or omission of Powder in pursuit hereof. 14.5 Provider acknowledges that Provides 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, compet@ive bidding, Prevailing wage subcontractor listing, or similar or different matters. Provider further ackrowtedges that the City Ghali not be liable or responsible at law or in equity for any failure by Provider to comply with any such laws, regardless of whether the City krrew or should have known of the need ter such compliance, or whether the City falle l to notify Provider of the need for such compliance. Turning Point M2 BSG Ageement Page 12 of 22 14.6 Provider agrees to comply with the City's Fair Employment Practices and shall net employ discriminatory practices in the provision of Me Services, employment of personnel, or in any other reseed 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 Me performance of this Agreement, Provider agrees as follows: 14.6.1 Provider will comply with all laws and regulations, as applicable. No person in the Untied States shall, on the grounds of race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, model status, status as a disabled veteran or veteran of the Vietnam era, medical council 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 reacting from this Agreement. 14.6.2 Provider will not discriminate against any employee or applicant for employment because of race, color, creme, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a clasped veteran or veteran of Me Vietnam era, medical condtion, or fina l or mental disibilty. Provider shall take affirmative action to ensure that applicants are employed, and the employees are treated during employment. without regard to Meir race, color, creed, religion, sex, sexual preference, national odgin, 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 induce, bud trot be Ilmted to, the following: employment, upgrading, demotion or transfer, incontinent or recodica nl advertising; layoff or termination; rates of pay or ether forms of compensation: and selection for training, including apprenticeship. Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setirg forth the prevision of this nondiscrimination clause. 14 6.3 Provider will, In all solicitations or advertisements for employees placed by or on behalf of Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam ere, medical condition, or physical or mental disability 14.6.4 Provitler will send to each labor union or representative of workers with which It has a collective bargaining agreement or other coded or understanding, a notice dol such labor union or workers' representatives of Provider's commitment under Nis section 14 and shall post copies of Me acres In conspicuous places available to employees and applicants for employment. 15. Insurance. Turning Point FY12 ESG Agreement Page 13 of 22 15:1 Throughout the life of this Agreement, the Provider shall pay for and maintain in full farce and effect all policies of Insurance required hereunder with an Insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than'A-VI I° In Best's Insurance Rating Guide; or(it) authorized by the City's Risk Manager. The following polldes of insurance are required: (i) COMMERCIAL GENERAL LIABILITY insurance which shall heat least as broad as the most current version of Insurance Services Office (ISO) Comment al General Liability Coverage Form CG 0001 and include Insurance far 'Wily Injury; 'properly damage' and 'personal and advertising injury' with coverage for premises and operations (including the use of owned and non owned equipment), products and completed operations, and contractual liability (Including, without limitation, indemnity obligations under fns Contract) with limits of liability of not less than $1,000.000 par occurrence for bodily Injury and property damage, $1,000,000 par occurrence for personal and advertising Injury, $2,000.000 per occurrence for products and completed (paragons, $2,OO1 aggregate for pmducls and completed opereticns and $2,000,000 general aggregate (ii) COMMERCIAL AUTOMOBILE LIABILITY: Insurance which shall be at least as broal as the =at current version of Insurance Services Office (ISO) Business Auto Coverage Fonn CA 00 01 and shall Include coverage for all owned, hired, and non - owned automobiles or (cher licensed vehicles (Code 1 B Any Auto), with combined single limits of liability of not less than $1,000,000 per accident for Wily Injury and property damage. (iii) WORKERS' COMPENSATION Insurance as required under fine California Labor Code. Qv) EMPLOYERS' LIABILITY with minimum limits of liability of hot less than $1,000,000 each accident, $1,000,000 disease poloy limit and $1,000,000 disease each employee. 15.2 Prevost shall be responsible for payment of any deductibles contained in any Insurance policies required hereunder and Province shall also be responsible for payment of any self-insured retentions. Any deductlbles or self-insured mergers must be declared to, and approved by, the Citys Risk Manager or Mather tlesignee. At to option of the City's Risk Manager or his/her designee, either (i) Me Insurer shall reduce or eliminate such deductibles or self-insured retenbons'as respects Clry. Its officers, officials, employees, agents and volunteers; or (it) Provider shall provide a finandal guarantee, satisfactory to Chys Risk Manager or hislher tlesignee, guaranteeing payment of losses aro related Investigations, claim administration and defense expenses. At no time shall Clry be responsible for the payment of any deductibles or selpinsured retentions. 15.3 All policies of insurance required hereunder shall be endorsed to provide that the Turning Point FY 12 ESG Agrcemcnt Page 14 of 22 coverage Mail not be cancelled, non-mnewed, reduced In coverage or in limits exempt after 30 calendar day written notice has been given to City. Upon issuance by the insurer, broker, or agent of a nmIce of cancellation, noo-renewal, or handled in coverage or in limits, Provider shall furnish City with a new certificate and applicable endorsements for such policy(les). In the event any policy is due to expire during the work to be performed for City, Provider shall provide a now certificate, and applicable endorsements, evidencing renewal of such policy amt less than 15 calendar days prior to me expiration data of the expiring policy. 15A The General Liability and Automobile Liability insurance policies shall be written on an occurrence forth and shall name the City of Fresno, Its officers, officials, agents, employees and volunteers as an additional insured Such policyles) of insurance shall be endorsed co the Provider's insurance shall be primary and no contribution shall be required of City_ The Workers Compensation insurance policy shall certain a waiver of subm Cation as In City, its officers, officials, agents, employees and volunteers. 15.5 Provider shall furnish City with all cerilicate(s) and applicable endorsements effecting coverage required hereunder. Ail certificates and applicable endorsements are to be mcelved and approved by the City's Risk Manager or hlsere r design" prior to City's execution of the Agreement. Upon request of City, Provider shall immediately furnish City with a complete copy of any insurance policy required under this Contract, Including all improvements. with said copy certified by the underwmer to be a true and armed copy of the original policy. This mquirement shall survive expiration or termination of this Agreement. 15.6 The fact that insurance is obtained by Provider shall not be deemed to release or diminish the liability of Provider including without limitation, liability under the internally provisions of this Agreement. The duty to indemnify City, its officers, officials, agents, employees and colonel shall apply to all claims and liability regardless of whether any Insurance policies am applicable. The policy limits do not act as a limitation upon the amount of Indemnification to be provided by Provider. Approval or purchase of any Insurance contracts or policies shall in no way relief from liability nor limit the liability of Provider. Its principals, officers, agents, employees, persons under Me supervised of Provider, vendors, suppliers, inwees, subconaadom, consultants oranyone empbyed diredly or Indirectly by any of them. 15] If at any time during the lite of the Agreement or any extension, the Provider fails to maintain the required insurance In full force and effect, all work under this Agreement shall be discontinued Immediately, and all payments due or that became due W the Provider shall be withheld until notice la received by the City that the requiretl Insurance has been restored W full fame and effect and that the premiums therefore have been pad for a period satisfactory to the City. Any failure to maintain the required Insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by City hereunder shall In any way relieve Provider of its responsibilities under this Agreement Turning Point FY I Z ESG Agremrem Page 15 of 22 15 .8 If the Provider should subcontract all or any portion of me wl to be performed under this Agreement, the Provider shall require each subcontract to provide insurance protection in favor of the City, its officers, officials, employees, agents and volunteers In accordance with the terms of each of the preceding paragraphs except that he subcontractorscertificates and endorsements shall be on file with the Provider and City prbr to the commencement of any walk by the subcontractor. 16. Subcontracts. 16.1 The Provider shall not enter into subcontracts for any work contemplated under the Agreement without first obtaining the City's written approval. 17. Indemnity_ 17.1 The Provider shall indemnify, hold homeless and defend the City and each of its officers, officials, employees, agents and volunleen; from any and all ides, liabllity, fines, penalties, forfeitures, coats and damages (whether in centrad, tort or shirt liability, including but no limited to personal injury, death at any time ad property damage) incurred by the City, the Provider or any other person, and from any and all claims, demands and actions in law or equity (including attomey's fees and li igabon expenses), arising or alleged to have arisen directly or Indirectly out of me performance of this Agreement The Provider's obligations under the preceding sentence shall apply regardless of whether the City or any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of City or any of its officers, officials, employees, agents or aulhedzed voluntoars. 17.1.1 If the Provider should subcontract all or any portion of the work to be performed under this Agreement, the Provider shall require each subcontractor to indemnify, hold harmless and defend the City and each of its officers, officials, employees, agents and volunteers in accordance with the fence of the preceding paragraph. 17.1.2 This section 17 shall survive termination or expiration of this Agreement. 18. Carl of Interest. 18.1 Prior to Cdys execution of this Agreement, Provider shall complete a City of Fresno Conflict of Interest Disclosure Statement. Said statement is attached hereto as Exhibit "B'.add incorporated hereto by reference. During the term of this Agreement, Provider shall have the obligation and duty to Immediately notify City In writing of any change b the infaonation provided by Provider on Exhibit "80 . Turning Point FY 12 ESC Agreement Pago 16 of 22 18.2 No member, officer, or employee of the Provider or Its designees or agents who exercise any function or responsibility with respect to the program during hisiher tenure or for one (1) year thereafter, shall have any interest, direct or indirect In any contract or subcontract, or the proceeds thereof, for Services to be performed in connection wiM this Agreement. The Provider shall incorporate, or cause to be incorporated, in all contracts and subcontracts a provision prohibiting such interest pursuant to the purposes of this section 18. 18.3 Provider shall not employ or retain Me someone of any person while such person other is employed by City or Is a member of any City commission, board, committee, or similar City body. This requirement may be waived by Me City's Chief Administrative Officer if no actual or potential conflict is involved. 18.4 Provider shall comply with all applicable laws, rules, regulations and requirements governing avoidance of impermissible conflicts, including without limitation Me requirements of California (Government Code Section 1080 at. seq.) the California Political Reform Ad (Government Code Section 87100 at. sap.) and the regulations of the Fair Trifled Practices Commission crnceming disclosure and disquafflcatian (2 California Code of Regulations Section 18900 at. seq.). 18.5 Provider represents and warrants that as of Me effective dole hereat, it represents no client or customer whose Interests are adverse to Me CMjs, 16.6 This section 16 shall survive expiration or termination of this Agreement 19, Amendment. 19.1 This Agreement may not be amended or otherwise modhied In any way whatsoever, except In wnfing signed by the parties and added as an addendum herds 20. Assignment. 20.1 This Agreement Is personal to the Previider, non -transferable and shall be valid only sr he herein above named Provider. The Provider may not and shall net at any time, sell, transfer, or assign this Agreement, in whole or pan, and Provider may net and shall not assign the payment of any monies due s be paid to it by City under the terms of this Agreement to any other individual(s), corporation(s), or entityg") whomsoever (fl being mutually clearly understand and expressly agreed that City shall have the right to Pay and shall pay any and all monies due Provider hereunder directly to Provider), absent Me written cement of the City, 21, Severability. 21.1 The provisions of this Agreement am severable. The invalidity or unenforoeablllty of any one provision in this Agreement shall not affect the other previsions. Tumieg Point FY12 FSG Agcemem Page 17 of22 22. Independent Contractor 22:1 In the furnishing of the services required by this Agreement, Provider and City agree that Prov der Is an irxlependent contactor and no employerlemployee relationship shall in any way whatsoever be deemed to exist between the parties hereto, and Mat any provisions in This Agreement which may appear to give City Me right to direct Provider as to Me details of the doing of any work to be performed by Provitler denouncer, or to exercise a measure of control over said work, shall be deemed to mean, and shall mean, that Provider shall fallow the desires of City In the nal of Me work only and not in the means whereby said work Is to be accomplished, and that Provider shall use ds own discretion and shall have complete and authoritative cental over the work and as to the details of Me doing of Me work. It is expressly agreed that City's exceeded of inspection and control of Me work being performed, as is necessary to accomplish Me foregoing, shall in no case he construed as controlling the performance of the work of Provider in such a manners s to sever the Independent contractor relationship. 23. Atforney's Fees. 23.1 If either party is required to commence any portending or legal action to enforce or Intermit any term, covenant or penchant of this Agreement, Me prevailing parry In such processing or mean shall be emitted to recover from the other party its reasonable moneys fees and legal expenses. 24. Bimmna Effect. 24.1 Once this Agreement is signed by all pames, it shall be binding upon, an shall Inure M Me benefit of, all parties, an each pestlesrespective hairs, successors, assigns, transferee, agents, servants, employees and representatives_ 25. Providers Certification 25.1 The Provider cedifes to the best of its knowledge and belief that no federally appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or allempUng to Influence an officer or employee of any agency, or a member of Congress, or an officer or employee of Congress, or an employee of a member of Congress, in woodshed with the awaiting of any federal contact, the making of any federal grant, Me making of any federal ban, the entering into of any cooperative agreement, or the extension, commands, renewal, amendment or modification or any Federal contract, grant, loan, or coopereUve agreement. 25.2 If any funds other than federally appropriated funs have been paid or will be paid to a person for influencing an officer or employee of any agency, a member of Congress, so officer or employee of Congress, or an employee of a member of Congress In connection with this federal contract, grand, loan, or ccomma ise Tuning Point FY12 FSG Agreement Page IS of 22 agreement, the Provider shall complete and submit Standard Fonn1LL,'Disclosure Form to Report Lobbying; in accordance with its instructions. Without limitation, the disclosure requirements and prohibitions of 42 U.S.C. 3537a and 3545 and 31 USG. 1352 (the Byrd Amendment), and the implementing regulations at parts 4 and 87 of the Title 24 CFR shall apply to Providers pursuit of this Agreement. 25.3 The Provider shall require that the language of the above cedlkafon be Included In the documents for all sub recipient tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub redpients shall certify and disclose accon ingly. 254 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or assuming Into this Agreement. 26. Notices. 26.1 Any radius required or intended to be given to either party under Me terms of this. Agreement shall be in willing and shall be deemed b be duty given If delivered personally or deposited into the United States mail, by registered or certifed mail, ratum receipt requested with postage prepaid, addressed to the party to which notice is to he given at the party's address set forth on the signature page of this Agreement or an such other address as the parties may tram time to time designate by written notice, 26.2 Personal service, as aforesaid, shall be deemed served and effective upon delivery thereof. Senice by mail, as aforesaq, shall be deemed to be sufficiently served and effective as of 12:00'01 A.M., on the fourth (4th) calendar day following the data of deposit in the United! Stales mail of such registered or cedifled mall, property addressed and postage prepac. 27. Non-SolicBation. 27.1 Provider represents and warrants that It has not paid or agreed to pay any compensation, contingent or otherwise, to solicit or procure this AgreameM or any H91-tebenefits hemurder. 28. Waiver. 28.1 The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a contlnWrg waiver or a waiver of any subsequent breach of either the same or a different prevision of this Agreement. 2lL2 No previsions of this Agreement may ea welved 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. Turning Point FYI 2 ESG Agrmeard Page 19 of 22 29. Govemino Lawand Venue 29,1 This Agreement shall be governed by, and consumed and enforced in accordance war. the laws of the State of California. Venue for purposes of the filing of any action regarding the enforcement or Interpretation of this Agreement and any rights and duties hereunder shall be Fresno County, California. 30. InteroretaFon. 30,1 The parties acknowledge that this agreement In he final forth is the result of the combined efforts of the parties antl that, should any provision of this Agreement be found to be ambiguous in any way, such ambiguity shall not he resolved by construing this Agreement in favor of, or against any parry, but rather by deforming the terms in accordance with their generally accepted meaning, 31. Time of Essence. Time Is of the essence for the performance of this Agreement, 32. Citv's Authorized Aoent. For purposes of this Agreement the Manager of Me Housing & Community Development Division, hereinafter retanetl to as the "Manager', shall be fully empowered to act for and on behalf of the City, as the City's authored agent, except that only the Fresno City Council, and net the Manager, shall have the power either (i) to extend the original term of this Agreement or hi) to increase the original ESG Funding of this Agreement. 33, Heading . 33.1 The section headings In this Agreement are for convenience and reference only and shall not be construed or held In any way to explain, modify or add to the interpretation or meaning of the provisions of this Agreement 34. Cumulative Remedies. 34.1 No remedy or eleclion hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other foresees at law or In equity. 35. Entire Aamement. 35.1 This Agreement Including the documents. Instruments and exhibits referenced and incorporated herein mnlain(s) all agreements of the parties with respect to tine subject matter hereof. No poor agreement or understanding pertaining to any such matter shall be effective. Each party acknowledges that they have read and fully understated the contents of this Agreement, This Agreement represents the entire and Integrated agreement between Me paras warn raspect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. Turning Point FY12 ESG Atmems a Page 20 of 22 36. Counte parts 36.1 This Agreement may be executed in counterparts, each of which when executed and dellvered will he deemed an original, and all of which together will consthute one Instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by each of the parties trare d, 37. Disclaimer of Relationshi . 37.1 Nothing contained In this Agreement, nor any act of Cay or of Provider, or of any other person, shall in and by Itseffbe seemetl or construed by any person to create any relationship of third party benefioary, or of principal and agent, of limited or general partnership, or of joint venture. Provider shall have no authority to bind the City absent CMR express wrl consent Except to the extent otherwise provided in this Agreement, provider shall bear its own mstslexpenses in pursuit hereof. Attachments: Exhibit'A'- Homeless Services. Report Exhibtl'B" - Disclosure of Conflict of interest Turning Poini FY12 ESG Agement Page 21 of 22 IN WITNESS WHEREOF, the partes have executed this Agreement at Fresno, California, the day and year first above umber. CIN OF FRESNO a Municipal Corporation By: Cdr!/.f./4'e Mark Scoff City Manager ATTEST: REBECCA E.R ISCH city Clerk By Deputy li APPROVED AS TO FORM: JAMES C. SANCHEZ City Aitorrly , By: Culir- Tmtiag Point 12 ESO Agreemenl Page 22 of22 Turning Point of Central California a Califomia Nonprofit Corporation By: J. eH y Chief Executive Officer (Attach certificate of acknowledgment) ADDRESSES: CIT)': City of Fresno Housing & Community Development Division Attn: John M. Robertson, Management Analyst III 2600 Fresno Street, Room 3076N Fresno. CA 93721 PROVIDER: Turning Point of Central California Attn: J. Jeff Fly P.O. Box 7947 Visalia. CA Bffi90-7497 CALIFORNIA AL4PIIRPOSE ACKNOWLEDGMENT State of California I County of �t..Qa ,O� p On /a-oG'Iy before , ammavi -n�-Ill ma arY verwnauy apvearee 0 9.31 4 ... who prwetl to me on the sees of sa45Rclory areal to ad the personla) whose nemete) Ware cap a cited to Me widen Instrument and achnowlermee M me that helsh6Nry emcNae the same In hlaTeMM1eir automated cavacedom), and that by howherMnr signatures) on the (MOtwlf sE N imyremeN Me pe5pnls), or the entity upon behalf of comtl.rmn a teei6E3 which Me versonls) acteri drttNed IN instrument. NYIYEAtII[. centers M cu E nCvedlyRkwv :0da, MIS I reNty under PENALTY OF PERJURY under the laws al Me Siete of Calgmnia Mat the foregoing paragraph Is we and correct. WITNESS my hand and official sealer. 1 a awery xxxa Slgnwuna &I � Aeby1tYfNr OPTIONAL mown �m� mf mi sci eoi1.mrecar; Mamm Ofre Brother accmrem„r�r MUrIpUOn of Attached o«ament 11tte or Type Of Document. Number an tegm. Sanarlal Offer Than Named Above. — GpWitylleel Claimed by Slgnags) homesa e: Simi Nam _ movlaml ntraisport comomw Gower—Ynla(el:. IC Pcvme ofmr—nmlal: Pamrer—Gbmaea TGrfwel UPaMer—i tMilm F Ganaml _. Aftrneym Fact nAtIomeprn Pau Trustee °" I]TP I m name _ Guam or Conservator ppmoTien or Amensate — Met gneo pi Is Fepresanting: 9pner Is Hepesenvv FRESM E%HIBITA EMERGENCY SHELTER G NT HOMELENSERMEBOIIARTERLYREPORT Nereal0,9mlm9wn Pe,eJCwareYbl R.porl: rwr Pal %Aae Forms Aeerm, %eHM Ba.cnplenae.IMm: 184215 %Mak Mae Shame Two eamk we®IB CRE, sma: npcaoe: Tom acuiecvnyeaem.rre Fame CA arm An 1 2ott. duew,w12 %BaderMsw," PMm ILrtWr: sw 2u2U Programs and SerYKASaY % RurwweMllewa Away raum Emegmi. wader Fadhen %ChmmawlymonwwLL Tremltlaml lbmeg Vcunamror 3eelwa. uiaedbJ Oveach any+n cen:errox Pmary xNCalY SwpRadwnMaa aamheoxr Mma11Wa x aabl oapwMenunpNMe,e Wm Can NmMWrvg PM1pem sheuee Tyq: Number m persons housed HIVIAIM� chu Car,HnPgmep —B,mdM Oth ONx MMR Roues Ibrreless PrereMes RNldential!u v as: —SmURVISMAPrmenl Auarye iunSee eervMeuFy: Mulb OiIMm Ener Approximate Peraenlaged(round to the Manat alum member ug. I82% 8%ur 2]7°V24) mne:mlrgamM iN aq Duel %Maes %F,mam urecwnwnin mals lB %Mem %Femeln Families w0F Children Heatley by: SlrglelBmporp %Aae Forms YwM 18 Wunder %eHM _% %Fermle w panrXa lBeM war %Mak %Femeb Two eamk we®IB %MM %Female Fmmllo rmA mtleuren %Abe _%Ferree On an avenge day the psrcen age a the population served who ere: %BaderMsw," %Brig M{ennenlh ll wa, % RurwweMllewa Away raum %Emerly %ChmmawlymonwwLL avHm,m uiaedbJ %PhekalYOeeEW xNCalY %ghee x aabl oapwMenunpNMe,e sheuee Tyq: Number m persons housed —B,mdM Sok Seam neY MMR Roues nWFreNx —SmURVISMAPrmenl HatSwae aVgk Farris OesE+er Wse —ares omantrfian: TI mPW¢ WP ng Pecbtl: fKntler Malo TeMNe PxmmwlM TOWM pW 5 Nl® evm Nd: MN Nab Tm SMYr L„els 6b &1Y 111] 16L 95SN SS69 WU Lmloun TON Np' TdNM1Mne MI 1CPuwae WMa &eWPMun Arg rten Men Rmer.IMbVNxla Mlhe NweNNrYJ�er MPMIc WmNi a.IndvJNmXe NBL d WMe SA WM B n JN,,Mw,d WMe Nrer. IIMiaJA WaW, B Blvk AM1Yan Nwkaa VTOL MelMinp GwEallepoM1lE50 requlrtea1:1 1. TheldbNrp an W...rc d lne epenrya OOlclr: sgoal,M or ma A W mw Aped or oma . P yTeN E%NI6R "S" DISCLOSURE OF CONFLICT OF INTEREST Turning point of Dentrdl California M. NO 1. Are you currently in litigation with the Cly of Fresno or any of its agents? 2. Do you represent any fine, oiganliation or person who Is In V✓ litigation with the City of Fresno? 3. Do you currently represent or perform work for any clients who do business with the City of Fresno? 4. Ara you or any of your principals, managers or professlonals, owners or investors in a business which does business with the City, or in a business which is In Itti ation wdh the City? 5. Areyou or any of your principals, managers or professionals, ✓ related by b" or marriage to any City employee who has any significant mlc In Ne subject matter of this saMce? 6. Are you employed Dy any other)unrvictions or agencies? If the answer to any question Is yes, please explain in full. 119 iz-ib-a J.C Jed Fly Dale Cnler Executive Draper