HomeMy WebLinkAboutWestCare California, Inc. - Emergency Solutions Grant 9/1/2015 - first Amendment to the Emergency Solutions Grant (ESG) contract with WestCare and the award of $464,426 in funding for the period of the extension to provide outreach, shelterJ tlr tt-;lt 15 7ll
AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the 1S! day of September,2015
by and between the CITY OF FRESNO, a California municipal corporation ("C|TY'), and"WestCare Califomia, lnc., a California 501(c)(3) not-for-profit Corporation
('RECIPIENT'). CITY and RECIPIENT are sometimes hereinafter refened to
individually as a Party and collectively as Parties.
CITY has received a grant commitment from the United States Department of
Housing and Urban Development ("HUD") to administer and implement the Emergency
Solutions Grant in the City of Fresno in accordance with the provisions of 24 CFR Part
576 et seq. and California law.
The purpose of the ESG grant is to provide assistance to the homeless and
those at risk of becoming homeless to quickly regain stability in permanent housing after
experiencíng a housing crisis and/or homelessness within the city.
Then CITY issued a Notice of Funding on July 13, 2015 to solicit for proposals
with specific plans to provide eligible ESG services in the areas of outreach, emergency
shelter, homeless prevention assistance to households who would otherwise become
homeless, assistance to rapidly re-house persons who are homeless and related grant
administration.
In response to the NOFA, RECIPIENT submitted a Proposal which included a
Scope of Work and cost proposal ("Budgef') as described in Exhibits A and B
respectively and represents it is capable and qualified to meet all the requirements of the
NOFA and this Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions and premises hereinafter combined to be kept and performed by the
respective Parties, it is mutually agreed as follows:
ARTICLE T
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.
"ACï'- 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant
and Consolidated Plan Conforming Amendments lnterim Rule , published in the Federal
Register on December 5,2011 (76 Fed. Reg. 75954).
'Administrato/' and 'Contract Administrato/' shall mean the Manager of the
Housing and Community Development Division of the Development and Resource
Management Department of City or his or her designee.
'Bid Proposal" and "Proposal" shall mean RECIPIENT'S response to the NOFA
including but not limited to the Budget, Scope of Work, certifications and all attachments
and addenda.
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"Budget" shall mean RECIPIENT's Cost Proposal submitted with the B¡d
Proposal.
"City Managed'shall mean the City Manager of CITY.
"Contract" or "Contract Documents" shall mean and refer to this Agreement
including its exhibits and the NOFA and Bid Proposal with all attachments and addenda
thereto.
"ESG" shall mean Emergency Solutions Grant as set forth in the AGT.
"General Conditions" or "General Requirements" shall mean the General
Requirements contained in the NOFA.
"Program" shall mean services designed to identify sheltered and unsheltered
homeless persons, as well as those at risk of homelessness, and provide necessary
help to those persons quickly regain stability in permanent housing after experiencing a
housing crisis and/or homelessness within the parameters and requirements of the ACT
and the ESG Policies and Procedures.
"Program income" for the specific purpose of this Agreement shall be as defined
in the ACT. Unless otherwise provided for in the ACT, program income shall include any
and all gross income eamed by or accruing to RECIPIENT in its pursuit hereof provided
that the term program income does not include rebates, credits, discounts or refunds
realized by RECIPIENT in its pursuit hereof.
"NOFA'shall mean the 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 Aoreement. lt is the íntent of the Parties that
this Agreement be effective as of the date fìrst set forth above as to all terms and
conditions of the Agreement. Servíces of RECIPIENT shall commence as of September
1,2015, and shall end June 30, 2016, which shall be the term of this Agreement, unless
terminated earlier as provided herein.
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4. Comoensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed Thirty Nine Thousand, Five Hundred and Seventy One
Dollars and Zero Cents ($39,571.00) for satisfactory performance of the services
rendered therefore and as set forth in Exhibit B attached hereto and incorporated
herein. Compensation is based on actual expenditures incurred by RECIPIENT in
accordance with the Budget set forth in Exhibit B. lt is understood that all expenses
incidental to RECIPIENT's performance of services under this Agreement shall be borne
by the RECIPIENT. lf RECIPIENT should fail to comply with any provisions of this
Agreement, CITY shall be relieved of its obligation for further compensation,
(a) Payments shall be made by the CITY to RECIPIENT in arrears,
for services provided during the preceding month. Such payment by City shall be made
in the normal course of business, generally within forty five (45) days after the date of
receipt by CITY of a correctly completed invoice in accordance with the provisions of this
paragraph, and shall be for the actual expenditures incurred by RECIPIENT in
accordance with Exhibit B. Payments shall be made after receipt and verification of
actual expenditures. All invoices are to be submitted CITY at the address given for
notices on the signature page hereof or at such address the CITY may from time to time
designate by written notice.
(b) The Administrator may, in his or her sole discretion, agree in
writing to revise the payment schedule in subsection (a), above, upon RECIPIENT's
showing that such will facilitate delivery of the services; provided, however, that total
payments under this Agreement shall not exceed the total amount provided for in
subsection (a), and any amounts advanced are authorized and appropriated for that
fiscal year of the CITY covering the period for which an advance is proposed.
(c) Any funds paid by CITY hereunder which remain unearned at the
expiration or earlier ternination 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
terminatÍon 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 wifl 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 otherwise 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.
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(f) RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 (a) of this Agreement.
5. Matchino Funds Reouirements of RECIPIENT: RECIPIENT agrees to
match all ESG funding disbursed to it by CITY on a dollar for dollar basis. Donated
funds, material and labor may be used as matching funds. Time contributed by
volunteers shall be calculated at the rate of $5 per hour. RECIPIENT shall determine
the value of donated material or building space using a method based on fair market
value. Other federal funds may be used as matching funds unless expressly prohibited
by law or contract. Unless otherwise provided by applicable law or contract, matching
funds shall be applied in furtherance of the Scope of Work hereunder. To oualifu
matchino funds as such thev must be applied in furtherance of the services hereunder.
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, reductíon or withdrawal of RECIPIENT'S funding by
other funding source(s).
(b) Addition or resignatíon of any of RECIPIENT'S Board of Director
members.
(c) Resignation or termination of any of RECIPIENTS staff, including
those staff not funded by this Agreement but essential to the delívery 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 períod 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 Prooram lncome. Absent the CITY's written consent, any
program income generated hereunder shall be used to reduce the CITY's
reimbursement obligations hereunder, or in the absence thereof promptly remitted
entirely to the CITY.
8. Events of Default. When in the opinion of CITY, there is an occurrence of
any one or more of the following provisions it will represent an Event of Default for
purposes of this Agreement.
(a) An illegal or improper use of funds.
(b) A failure to comply with any term, covenant or condition of this
Agreement.
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(c) Report(s) are submitted to CITY which are incorrect or incomplete
in any material respect.
(d) The services required hereunder are incapable of or are
ímproperly beíng performed by recipíent.
(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 reorganízation, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief, where such petition shall not have
been vacated within fourteen (14) days; or if adjudicated bankrupt or insolvent, under
any present or future statute, law, regulation under state or federal law, and judgment or
decree is not vacated or set aside within fourteen (14) days.
(¡) RECIPIENT's failure, inability or admission in writing of its inability
to pay its debts as they become due or RECIPIENT's assignment for the benefit of
creditors.
(j) A receiver, trustee, or liquidator being appointed for RECIPIENT
or any substantial part of RECIPIENT's assets or properties, and not removed within ten
(10) days.
(k) RECIPIENT's breach of any other material condition, covenant,
warranty, promise or representation contained in this Agreement not otherwise identified
within this Section.
9. Termination and Remedies.
Upon the occurence 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 thírty (30)
days to remedy such faílure so long as RECIPIENT is diligently and in good faith
pursuing such remedy.
(a) This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT
and a failure to cure said Event of Default within the time specified in the notice of Event
of Default; (ii) 7 calendar days prior written notice without cause by CITY to RECIPIENT;
(i¡¡) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during
any CITY fiscal year of this Agreement, or insufficient funding for the services provided
by RECIPIENT; or (iv) expiration of this Agreement.
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(b) lmmediately upon any termination or expiration of this Agreement,
REC¡PIENT shall (i) immedíately stop all work hereunder; (ii) ímmediately cause any and
all of its subcontractors to cease work; and (iii) return to CITY any and all unearned
payments and all properties and materials ín 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 GITY 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 thís 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 Ínjury, death at any
time and property damage), and from any and allclaims, 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, offìcers, 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.
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(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 CITYS Risk Manager or his or her designee at any time and in
his or her sole discretion.
(b) lf at any time during the life of the Agreement or any extension,
RECIPIENT or any of its subcontractors fail to maintain any required insurance in full
force and effect, all services and work under this Agreement shall be discontinued
ímmediately, 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 RECIFIENT, 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 Clry
with a complete copy of any insurance policy required under this Agreement, including
all endorsements, with said copy certified by the underwriter to be a true and conect
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-Síte Monitorino. Authorized representatives of HUD and/or the City
shall have the right to monitor the RECIPIENT's performance under this Agreement.
Such monitoring may include inspectíon activities, review of records, and attendance at
meetings: RECIPIENT shall reasonably make its facilities, books, records, reports and
accounts available for City's inspection in pursuit hereof.
This section 12 shall survive termination or expiration of this Agreement.
13. Records. Reports and lnspection.
PRC 1.0/10-07-04
(a) RECIPIENT shall establish and maintain records in accordance with
all requirements prescribed by CITY, HUD and generally accepted accounting principles,
with respect to all matters covered by this Agreement. As applicable, RECIPIENT shall
comply with all applicable requirements of the Office of Management and Budget
Circular A-122, Cost Principles for Non-Profit Organizations; OMB Circular A-133 Audits
of States, Local Governments and Non-Profit Organizations, including the provision of a
single audit (generally applicable where funding from all federal sources in any fiscal
year exceeds $500,000), and to such extent shall submit to the CITY any applicable
auditor's reports and audited financial statements no later than three (3) months after the
RECIPIENT's fiscal year end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110
lJniform Administrative Requirements for Grants and Other Agreements with lnstitutions
of Hígher 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 ín cases of unusual circumstances as
determined in the sole discretion of the CITY.
(b) All costs shall be supported by properly executed payrolls, time
re6ords, 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
PRC 1.0/10-07-04
and personal interviews of participants, RECIPIENT'S staff, and employees by
Administrator and other CITY and/or HUD representatives.
(d) The RECIPIENT is required to participate in the Fresno Madera
Continuum of Care ('FMCoC"). Participation is defìned as attendance at a minimum of
75%of all FMCoC Director's meetings.
(e) The RECIPIENT is required to collect and report client-level data
in a database comparable to the local Homeless Management lnformation Systems
('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 afl client
íntakes, provide regular updates and exit all clients once services are completed. As
applicable, RECIPIENT must enter the following information in the comparable database
for federal reporting purposes:
1) Name
2) Social Security Number
3) Date of Birth
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
8) Disabling Condition
9) Residence Prior to Program Entry
10) Zip Code of Last Permanent Address
1 1) Housing Status
12') Program Entry Date
13) Program Exit Date
14) PersonalldentificationNumber
15) HouseholdldentificationNumber
16) lncome and Sources
17) Non-Case Benefits
18) Destínation (where client will stay upon exit)
19) Financial Services Provide (if any)
20) Housing Refocation & Stabilization Services Provided (if any)
(f) CITY shall provide full reporting requirements as required by HUD,
under separate documentation for RECIPIENT. ¡f RECIPIENT is a legal services or
domestic violence victim services REC¡PIENT, and requires client-level information to
remain confidential, they will be required to establish a comparable client-level database
internalto its organízatíon (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
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database meets the standards for comparable client-level databases, including
compliance with the HMIS Data and Technical Standards which are acceptable to HUD
and the CITY.
(g) All data elements specified above in 13(e) must be recorded for
each ESG Program in the HMIS and the fields needed to correctly generate the
performance reports are required to be collected in the comparable database.
(h) The RECIPIENT is required to provide housing unit and client data
to the City of Fresno, or designee, to include in the Point in Time survey as administered
by the Fresno-Madera Gontinuum of Care and as required by the HEARTH Act of 2009.
This Section 13 shall suruive 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 offìcer or director of RECIPIENT shall have any direct or
indirect fínancial interest in any subcontract made by RECIPIENT or in any loan,
purchase of property, or any other anangement made by RECIPIENT, by whatever
name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit D. During the term of this Agreement, RECIPIENT shall have the obligation
and duty to immediately notify CITY in writing of any change to the information provided
by RECIPIENT in such statement.
(b) RECIPIENT shall comply, and require its subcontractors to
comply, with all applicable federal, state and local conflict of interest laws and
regulations including, without limitation, California Government Code Section 1090 et
seq., the California Political Reform Act (California Government Code Section 87100 et
seq.) and the regulations of the Fair Political Practices Commission concerning
disclosureznd 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 Ínquiry,
RECIPIENT and the respective subcontractor(s) are in full compliance with all laws and
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regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts
giving rise to the appearance of a conflict of interest, RECIPIENT shall immediately
notify CITY of these facts in writing.
(c) ln performing the work or services to be provided hereunder,
RECIPIENT shall not employ or retain the services of any person while such person
either is employed by CITY or is a member of any CITY council, commission, board,
committee, or similar CITY body or within one year of their termination therefrom. This
requírement may be waived in writíng 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 ríghts/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 Part 35
and 24 CFR 9S2.401(j). ln this regard RECIP¡ENT 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 parh and (2) Appropriate action must be
taken to protect shelter occupanls 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 regulatíon 24CFR 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 opportuniÇ. The nondiscrimination and equal opportunity
requirements at 24 CFR Part 5 are modified as follows:
(i) Rehabilítation Act requirements. HUD's regulations at 24
CFR Part I implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as
amended. For purposes of the emergency shelter grants program, the term dwelling
unffs in 24 CFR Part I shall include sleeping accommodations.
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(ii) RECIPIENT shall make known that use of the facilities and
Services are available to all on a nondiscriminatory basis. lf the procedures that the
RECIPIENT intends to use to make known the availability of the facilities and Services
are unlikely to reach persons of any particular race, color, religion, sex, age, national
origin, familial status, or disability who may qualifr/ 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.
(ii¡) The RECIPIENT shall be responsible for complying with
the policies, guidelines, and requirements of 24 CFR Part 85 (codified pursuant to OMB
Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and
use of ESG funding by CITY, and Nos. A-110 and A-122 as they relate to the
acceptance and use of emergency shelter grant amounts by private nonprofit
organizations.
(d) The RECIPIENT will be responsible for all aspects project contract
award and management including the advertising for bids and shall award the contract to
the lowest responsible and responsible bidder. The RECIPIENT shall verify with the
Labor Relations and Equal Opportunity Division of the HUD Area Office that the low
bidder has not been debarred or suspended from participating in federal projects.
(e) RECIPIENT warrants, covenants and agrees that it shall perform
the Services in a manner that does not engage in inherently religious activities and that
does not engage in any prohibited activities described in 24 CFR 576.23. Without
limitation, RECIPIENT shall not unlawfully discriminate on the basis of religion and shall
not provide religious instruction or counseling, conduct religious services or worship,
engage in religious proselytizing, or exert other religious influence in pursuit hereof.
Subject to the foregoing, RECIPIENT does not intend to utilize ESG funding to construct,
rehabilitate or convert facilities owned primarily by religious organizations or to assist
primarily religious organizations in acquiring or leasing facilities to the extent prohibited
in 24 CFR 576.23.
(f) RECIPIENT shafl perform the Services in compliance with, and
not to cause or permit the Services to be in violation of, any existing or future
enviroñmental law, rule, regulation, ordinance, or statute. RECIPIENT agrees that, if
CITY has reasonable grounds to suspect any such violation, RECIPIENT shall be
entitled to thirty (30) days' notice and opportunity to cure such violation. lf the suspected
violation is not cured, CITY shall have the right to retain an independent consultant to
inspect and test the subject facilities for such violation. lf a violation is discovered,
RECIPIENT shall pay for the cost of the independent consultant.
(g) The OMB Circulars referenced in this Agreement are available at
the Entitlement Cities Division, Room 7282, Department of Housing and Urban
Development, 451 Seventh Street, SW., Washington, DC 20410'
17. Relocation.
(a) RECIPIENT shall assure that it has taken all reasonable steps to
minimize the displacement of persons (families, individuals, businesses, nonprofit
PRC 1.0/10-07-04
organizations, and farms) as a result of this project and the Services rendered in pursuit
thereof.
(b) A displaced person must be provided relocation assistance at the
levels described in, and in accordance with, 49 CFR Part 24, which contains the
government-wide regulations implementing the Uniform Relocation Assistance and Real
Þroperty 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 taws 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
RECIP|ENT 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 CIfy 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 nol 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.
(f) 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
PRC 1.0/10-07-04
physical or mental disability. During the performance of this Agreement, RECIPIENT
agrees as follows:
(i) RECIPIENT will comply wíth 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.
(i¡) 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 compensatlon;
and selection for training, including apprenticeship. RECIPIENT agrees to post
in conspicuous places, available to employees and applicants for employment,
notices setting forth the provision of this nondiscrimination clause.
(¡ii) RECIPIENT will, in all solícitations 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 origín, ancestry, ethnicity,
age, marital status, status as a disabled veteran or veteran of the Vietnam era,
medical condition, or physical or mentaldisability.
(¡v) RECIPIENT will send to each labor union or representative
of workers with which it has a collective bargaining agreement or other contract
or understanding, a notice advising such labor union or workers' representatives
of RECIPIENT's commitment under this Section and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
ARTICLE 3
GENERAL PROVISIONS
19. Amendment. This Agreement shall not be modified except by written
amendment approved by the City Council and signed by the parties. Where it ls
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 límitation, 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.
PRC 't.0/10-07-04
Notwithstanding the foregoing, approval of the City Council is not required for (i)
insubstantial adjustments in line items within the total approved budget, not affecting the
total approved budget amount, approved by the Administrator in his/her sole discretion;
(ii) insubstantial changes in the nature or scope of services specified in this Agreement
approved by the Administrator in his/her sole discretion; and (iii) changes to the
insurance requirements specified in Exhibit C approved by CITY's Risk Manager in his
or her sole discretion-
20. Public lnformation. RECIPIENT shalldisclose allof its funding sources to
CITY which, thereafter, will be public informatíon.
21. Copvriohts/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 otherwise use, and to authorize others to use, all copyrighted
material and all materialwhich can be copyrighted.
(b) Any discovery or invention arising out of or developed in the
course of work aided by thís 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
C¡TY), shall be imposed and administered, in order to protect the public interest.
22. Political Activitv Prohibited. None of the funds, materials, properÇ 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 funQs 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 íntended for the specific partíes hereto as identified in
the preamble of this Agreement. lt is not intended that any rights or interests in this
Agreement benefìt 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 disabílity, 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
PRC 1.0/10-07-04
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
(b) RECIP¡ENT will not discriminate against any employee or
applicant for employment because of race, religious creed, color, national origin,
ancestry, physicaldisability, mental disability, medical condition, maritalstatus, sex, age,
sexual oríentation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
RECIPIENT shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physicaldisability, mentaldisability, medical condition, maritalstatus, 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 allqualified
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, siatus as a disabled
veteran or veteran of the Vietnam era.
(d) RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT'S commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
26. lndeoendent Contractor.
(a) ln the furnishing of the services provided for herein, RECIPIENT is
acting as an independent contractor. Neither RECIPIENT,'nor any of its officers, agents
or employees shall be deemed an officer, agent, employee, joint venturer, partner or
associate of CITY for any purpose. CITY shall have no right to control or supervise or
direct the manner or method by which RECIPIENT shall perform its work and functions.
However, CITY shall retain the right to administer this Agreement so as to verify that
RECIPIENT is performing its obligations in accordance with the terms and conditions
thereof.
(b) This Agreement does not evidence a partnership or joint venture
between RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY
absent CITY'S express written consent. Except to the extent othenruise 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 íts officers, agents and employees shall have absolutely no right to employment
rights and benefits available to CITY employees. RECIPIENT shall be solely liable and
PRC 1.0/10-07-04
responsible for providing to, or on behalf of, its employees all legally required employee
benefits. ln addition, RECIPIENT shall be solely responsible and save CITY harmless
from all matters relating to payment of RECIPIENT'S employees, including, without
limitation, compliance with Social Security withholding, and all other regulations
governing such matters. lt is acknowledged that during the term of this Agreement,
RECIPIENT may be providing services to others unrelated to CITY or to this Agreement.
27. Notíces. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or certified mail, with postage prepaid, return
receipt requested, addressed to the party to which notice is to be given at the party's
address set forth on the signature page of this Agreement or at such other address as
the parties may from time to time designate by written notice. Notices served by United
States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
28. Bindino. Once this Agreement is signed by all parties, it shall be binding
upon, and shall inure to the beneflt of, all Parties, and each Parties' respective heirs,
SUCCeSSOTs, assignS, transfereeS, agents, Servants, emplOyees and representatives.
29. Assionment.
(a) This Agreement is personal to RECIPIENT and there shall be no
assignment by RECIPIENT of its rights or obligations under this Agreement without the
prior written approval of the Admínístrator. Any attempted assignment by RECIPIENT,
its successors or assigns, shall be null and void unless approved in writÍng 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. Comoliance with Law. ln providing the services required under this
Agreement, RECIPIENT shall at all times comply with all applÍcable 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 duríng 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 hereín shall not be deemed to be a waiver
of any other provision herein.
32. Governinq Law and Venue. Thís 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 whích would apply the law of another
jurisdíctíon. Venue for purposes of the filing of any action regarding the enforcement or
PRC 1.0/10-07-04
interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
33. Headinos. 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 actíon 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 Conditíons.
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 withín the Exhibit
or Attachment. Furthermore, any terms or conditions contained withÍn 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 voíd.
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 Aoreement. 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.
PRC 1-0/'t047-04
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
Bruce Rudd
City Manager
ATTEST:
WONNE SPENCE, CMC
City Clerk
Date:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By:
Deputy-City Attorney
Date:
Addresses:
CITY:
City of Fresno
Attention: Bruce Rudd, City Manager
2600 Fresno Street Room 3076
Fresno, CA 93721
Phone: (559) 621-8300
FAX: (559) 488-1078
Attachments:
Exhibit A - Scope. of Services
Exhibit B - Budget Summary
Exhibit C - Homeless Services Report
Exhibit D - lnsurance Requirements
Exhibit E - Conflict of lnterest Disclosure Form
tach Notary Certificate
Date:
cA
'LC,/J-
o3
/Geuotil G.'r,"s¿ /
(Attach Notary Certificate of Acknowledgement)
Date: Oj
RECIPIENT:
WestCare California lnc-
Attention: Shawn Jenkins
Address: 1505 N. ChestnutStreet
Fresno, CA 93703
Phone (559) 251-4800 x2092
FAX: (559) 453-7827
Shawn'Jenkins
ÆJ.'s l +o fi'-'"-rl tor t þ fu
î/t
1.
2.
3.
5.
4.
PRC 1.0i1047-04
CALIFORNIA ALL. PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifíes only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of )
On before me,
personally appeared
who proved to me on the basis of satisfactory evidence to be the person whose
by
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and offìcial seal.M PISIALU
coMM # 1952356
r{orARy puaLrc. cnLlronNll¿l
FRESNo couNTy z
(Notary Publ¡c
My Commrsston Exo¡res J
September re. eOtS I
¡lf of
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document continued)
of Pages _ Document Date_
CAPACITY CLAIMED BY THE SIGNER
! lndividual(s)
tr Corporate Officerrtr Partne(s)tr Attorney-in-Fact
n Trustee(s)
n Other
2015 Version ururw.NotaryClasses com 800-873-9865 .
INSTRUCTIONS FOR COMPLETING THIS FORM
This form conplies t¡ilh cuvent California statutes regarding notary.wot'ding and,
ifneeded, should be completed and atlached to the document. Achtotuledgmenß
from other stales ntay be completedfor docanents being senl to that stote so long
as the wording does not require the Caliþrnia notary to úolate Caldornia notary
lav.
o State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.¡ Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is conrpleted. The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
o Print the naure(s) of document signer(s) who personally appear at the time of
notarization.
Indicate the correct singular or plural forms by crossing off inconect forms (i.e.
he/she/they; is /are ) or circling the correct forms Failure to conectly indicate this
information may lead to rejection ofdocument recording.
The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment forrn
Signature ofthe notary public rnust match the signature on file with the office of
the county clerk.
* Additional information is not required but could help to ensure this
acknowledgnent is not rnisused or attached to a different document..:. Indicate title or type ofattached document, number ofpages and date.* Indicate the capacity clairned by the signer. If the claimed capacity is a
corporate ofüce¡ indicate the title (i.e. CEO, CFO, Secretary).
Securely attach this document to the signed document with a staple.
CALIFORIIIA ALL.PURPOSE ACK}IOWLEDGMEIIT ctvtl coDE s 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this cerlificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Fresno
On September i 6.2015 before me, Katheryn Corne] l, lVotary public ,Date Here lnse¡t Name and Titte of tne Ott¡cer
personally appeared >k*:k:k:k:kBruce Rudd******
Name(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be t whose nameþ) isleresubscribed to the within instrument and acknowledged to me that executed the'same in
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and officialseal.
Signature
Place Notary Seal Above
OPTIONAL
Though thr's section is optional, completing this information can deter atteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document Agreement Emergency Solutions Grant
or Type of Document:Vù.estCa¡e_ Cal ifo-nia I f npocument Date:
:
-
Signe(s) Other Than Named Above:
Capacity(ies)
Signer's Name:Signer's
i ìCorporate Officer - Title(s):- Title(s):i i Partner - I Limited I General
r I lndividual fìAttorney in Fact
fl Limited il General
I Attorney in Fact
tr Guardi n Trustee Guardian or Conservatortl Other:
Signer ls Representing:
@2014 National Notary Association . www.NationalNotary,org . 1-800-US NOTARY (1-800-8Z6-6g27) ltem #5907
IüÎHERYN CORT{EI.T
Comilr¡þn tmanll
Notry puutc . CCfornlr_ Füm County
99ru, e¡p¡ru oàn,mfl
EXHIBIT A
SCOPE OF SERVICES
Gonsultant Service Agreement "Between" the City of Fresno
and WestGare California, lnc.
Emeroencv Solutions Grant
PROJECT TITLE
See attached
PRC 1.0/10-07-04
SECTION 2 _ PROJDCT DESCRIPTION
WestCare Califomia, Inc. (WCCA) cunently operates Project Unite in the Cþ of Fresno. In
201d the City of Fresno awarded ESG funding of $150,000 for this progra- which WCCÄ
matched 100%. This program operates under aHousing Firstmodel and began operations on
April l, 2015. It is an ouheach, housing stabilizatioq and navigation program that prioritizes the
hóusing health and well-being of cbronically homeless individuals and those at imminent risk of
homeleisness. TTre population of focus is unsheltered homeless individuals residing in the City
of Fresno including the chronically homeless, homeless veterans, and other homeless persons
identified as highly vulnerable including mentally ill and those with co-occuring disorders.
Following the Housing First model, participants ate not required to be in treatment for mental
health or substance abr¡se issues in order to receive assistance. hoject Unite assists homeless
individuals regardless of gender, sexual orientation, anÜor disability provided they meet the
income requirements of project funding (at or below 30% of median income for Fresno MSA)
including ihose with no cunent income or work history. Those who do not meet the income
reçrirement are referred to appropriate pmgrarns including WCCA's hoject LiftOFF and
Supportive Services for Vete¡an Families (SSVF) housing programs. fn less than four months
since its incepfion, ProiectUnite has directly as¡isted 53 homeless individuals' 17 of whom
have ¡nínor
"hildteo
in the household. Pe¡ HIJD guidelines, all of these individuals meetthe
criteria of being homeless, and all of thosc assisted qualify as chronically homeless.
WCCA is utilizing a team approach for this project by working with an aûay of local partners,
including organizãtions +aking part in the Fresno-Madçra Continuum of Care and its Coordinated
Assessment and Housing Match (CAIIM) system. \I/CCA serves as the lead orgâniTation and
fiscal agent for Project Unite. Formal project partners are Tuming Point of Central California
(TPOC|) and Poverello House (PIÐ. This collaboration allows for effective and efñcient use of
i.ro*"". and avoids duplication of services while adhering to requirements ofthe HEARTH Act
of 2009 and the Fair Housing Act. IMCCA TPOCC, and PH work together to provide
coordinated street outreach; housing stlabilization sewices; case management; referrals to
employment services, vocational taining, primary medical care, mental health and substance
abuse heatrrent (íncluding co-occurring service s); enrollment in Medi-Cal and other vital public
benelit programs and related recovery servioes for homeless individuals in the City of Fresno.
V/CCA and our parbrers work to identifr and assess the cb¡onically horneless and most
vulnerablo homeless residing in the City of Fresno. We assist homeless individuals to meet thei¡
immediate and long-term housing needs. This is accomplished through emergency housing,
bridge housing, housing stabilization assistance (payment of rent and/o¡ utility anears), and rapid
re-housing assistance. Individuals are provided with case management services to heþ them
develop skills to gain self-sufEciency. Project Unite builds on the FMCoC's current
collaborations and utilizes the CAHM system. Projeot partners leverage current resources to
implement a coordinated system of care for the most vulnefable homeless i¡1 qur qsmmunity.
Activities incorporate evidencæ-based progams including Housing Firsf Motivational
Interviewing (MI), andMotivational Bnhancement Therapy (I!{ET) to best address the needs of
those we serve. This model ensffes that those being assessed for permanent housing are easily
found, given the necessary services to ensu¡e timely access to housing, ranked appropriately
based on needs, and receive supportive services which will help them maintain their housing.
project Unite uses the Pe¡formance Management and Communication Plaform system to enter
data collected on the VI-SPDAT and then utilizing the CAHM system to match each individual
to the appropriate vacancy and housing program. This helps ensure homeless individuals receive
tirnefy, appropliate assessment, supportive services, and permanent housing and alldws for
ro-pì"hèoriue data collçction and sharing to better understand and meet the needs of the
rmdersewed,
The outcomes anticþated for Project Unite are 1) decreasc the number of persons experiencing
unsheltered and shúonic homelessness in Fresno, 2) increase participants' income, and 3)
increaseparticþants' abilityto maintainpenmanenthousing and ahealthy lifestyle. VfCCA
anticipatãs æsiiting 12 additional individuals from September 1,2015 -March 1, 2015 while
also continuing to assist the 53 current households. Outcomes will be achieved through
provision otmuttçte sewices by projent partners in collaboration with community agencies and
ãrganizations. Suprportive services will increase the number of individuals who obtain
pefoanent housing-and retain it for a minímum of six months. Staff will help secure affordable
Lousing through the CAIIM system and ensure reasonable rent by use of FIUD's Fair Ma¡ket
Rent standards. fnr Case Manager and other direct service staffutilize trauma-informed
approaches ancl help clients remain in pemranent housing and overcome ba¡riers 1s eþ1¡ining
benefits and emplolm.ent. Needs assessments and case management ensure needs are addressed,
support providd and progless towards goals is monitored. An individual Service Plan (ISP)
i¿Ëntnes specifi.os zuch aJ mental healthcarg substance abuse treatnen! medical care, public
benefits, vocational training and education.
SECTION 3 - MEETING PROGRAM PRIORITMS
Project Unite meets HUD's policies and priorities by focusing on individuals in two honeless
catıgories - those who are literally homeless and those at imminent risk of homelessness. The
proþct,s primary target is the chronically honeless in the City of Fresno including those
*no u." ïìeraþ homeless, thosc living in places not meant for human habitation, and those
at imminent risk of homelessness. In addition to IfUD's priorities, Project Unite also addresses
the City of Fresno's 2013-2014 Annual Action Plan's "Anti-Povefiy Plan" to assist persons who
are homeless or vulnerable to becoming honeless. This includes partnering with the Fresno
Madera Continuum of Care (FMCoC) to implement a l0-year plan to end ch¡onio homelessness.
Priority populations identified inthis plan and assisted by Project Unite include: unsheltered
hometesi pgrsons who arc living outrloors or in other places not intended for human
habitation, chronically homeless persons, and other homeless peruons who havc been
identified as hþhly vulnerable.
To be eligible for assistance tbrough Project Unite, participants must fall at or below 30% of
median income for the County of Fresno (required by the fi:nder). Project Unite serves
indiviituals and households with children and focuses its efforts on clients who score between
a 5 and 9 on the Vulnerability Index-Service Prioritization and Decision Assistance tool (VI-
SPADT) as these clients may qualiff for rapid re-housing. Mrjor efforts are made to
transition residents of emergency shelters and briitgehousing to permenent housing.
Project Unite also assists individuals who score l0 and above on the VI-SPDAT due to the lack
of permanent zupportive housing in the community. These individuals a¡e classified as the
,'mist vtrlnerablã; and require Permanurt Supportive Housing- Homeless prevention efforts
focus on those at im¡rinent risk of becoming homeless because they are behind intheir rent or
about to lose their home for other reasons. Any client who identifies as a veteran is ¡efe¡red to
ttre Veteran's Adminishation (VA) and veterans organizations such as San Joaquin Valley
Veterans. Individuals who do not meet the income requirements to be eligible for services a¡e
referred to other WCCA housing programs, íncluding Project LiftOFF, or other agencies'
pro grams for assistance.
Since the start of services on April l,2|ls,Project Unite has assisted 53 individuals i¡1sþþining
permanenthousing. 56 individuals contactedProject Unite forhglp andwere süeened, and 53
iemainetl in contaot and received direct assistance. 17 of these clients had minor children in the
household, and two (2) had other adults in the household. 38 individuals were literally homeless
and 15 were at risk of homelessness. Clients include those who a¡eÀave: chronic health
conditions Q5%),cbnonicallymentallyill Sl\,physically disabled (1570), developmentally
disabled (1i"/Ð, âlcohol dependent (2Vo), anúdrug dependent (17"). Additionally, Project Unite
heþed Zj inaivi¿uats to obtain housing assistance througb the Fresno Housing Authority's
Tenant Based Rental Assistance or Housing Choice Voucher prograns'
Due to the high demand for housing assistance, \MCCA's cunent need is for additional ûnds to
assist with rapid re-housing assistance including short- and medium-tenn rental assistancq
housing relocation, and stabilization services. The need for housing assistance in the target
populaiion is immense. Of individuals suweyed through the coordinated enty system between
Àpril anrl June 2014, 361 (580/") of those screened scored between 5 and 9 on the VI-SPDAT
which places them in the target population. WCCA is the only Project Unite partner to provide
funding for the needed housing seruices and helps those refened by project partners, other
agencies, and self-refenals. It serves an average of 19 people per day for rapid re-housing and
13 per day for homelessness prevention During the grant period (September 7,2075 - March l,
2016),WCCA anticipates serving an additional 12 households while also continuingto assist the
cur¡ent 53 households with rapid re-housing and homelessness prevention assistance. Without
additional funding, this assistancetbroughProject Unite will experience an intenuptionin
service delivery beqinning in August and continuing until receipt of next year's firnding in
November (through extension of oru cur¡ent Cþ of Fresno ESG contract).
SECTION 4 - PROJECT SCMDI]LE
TII\,{ELINE
If awarded firnding, WCCA's Project Unite staffwill perform the following tasks within the six-
month timeline to assistparticþants to obtain and retain housing, increase their income, and lead
a healthy life:
MonthOne (l)
. En¡oll seven (7) additional clie,nts with VI-SPDAT scores of 5 or higher in Rapid Re-
housing
. Develop Individual Service Plans for all newparticþants
. Assess existing caseload and identify the most vulnerable partioipants
. Determine any additional linkages needed to move particþants to permanent supportive
housing or self-sufüciency
. Identify and assist partioipants in applying for public benefits for which they are eligible
including Medi-Cal and TANF
. Link all ctrnent tenants to necessary community resources prior to case closer to ensure
zuccessful housing rete,ntion
. Assess and encumber frrnds adequate to serve existing clients
MonthTwo (2)
. En¡oll five (5) additional clients ,¡/ith VI-SPDAT sco¡es of 5 or higher in Rapid Re-
housing
. Develop Individual Service Plans for all newparticipants
. Identit and assist newparticipants in applþg for public benefits for which they are
eligible including Medi-Cal and TANF
. Determine and provide linkages and refenals to conununity resources
. Utilize Bridge Point housing during document readiness phase
¡ Match clients to appropriate housing using Housing Locater and CAHM system
r Assist all clients with budgeting & job search
r Conduct housing retention skills training in participant's home or at Project Unite's of6ce
o Assess and encumbsr fimds adequate to serve existing clients
Months Three through Six (3-6)
. Conduct home visitations to assess participants' ¡eadiness for self sufficiency
r Modify Individual Service Plans based on the needs of the individual and their family
¡ Focus supportive efforts on retention of housing and independent living skills
¡ Assist all clients with development of a personal support system
. Provide ongoing case rnanagement antljob sea¡ch if necessary
. Assess and encumber firnds adequate to serve existing clients
SECTION 5 - EXPERIENCE OF APPLICAI\IT
WCCA, established in 1974, is a leader in meeting the needs of the homeless population in
Fresno and su¡rounding rireas. WCCA provides a dive¡se and comprehensive array of services
based on the individualizedneeds of the client including: housing; case managemen!
HIV/AIDS intervention and education; zubstance abuse prevention and education activities; life
skills taining; vocational counseling including assistance with employment placement;
individuaVgroup supportive cormseling; heatm.ent for co-occurring zubstance abuse andmental
health disorders; specializedprogranming and supportive sewices f¡¡vgfs¡ans; community-
based linkages and refenals for needs including public benefits and healthcare; budgeting and
financial literacy training; refenals for educational sen¡ices and GED completion assistance; and
recovery support services and relapse prevention, This encompasses prevention and early
intervention services, treatrnsnt and supportive care to special populations, including butnot
limitefl to, the homeless; veterans; adolescents at risk for zubstance abuse; incarcerated men and
women; and persons cunently living with and/o¡ impacted by HIV/AIDS. WCCÄ is not
involved in any legal actions, bankruptcies, or lawsuits that would prevent it from
completing the proposed proiect.
WCCA is effiliatedwiththe WestCme Foundation family of non-profit 501(c)3 organizations.
'WestCa¡e For¡rdation is a non-profit org¡niz¿fis¡ founded n 1973 with over 40 years of
experience operating zubstance abuse, mental hcalth, and other human services programs,
including behavioral health services in community-based and in-prison tueatment environments.
Headquartered in Las Vegas, Nevada, the WestCa¡e family ofprograms has operations in
seventeen (17) shtes mdtwo (2) U.S. Territories. Underthe directionof CEOlPresidentRicha¡d
Steinberg, the organization is zupported by more than 1,500 dedicated sta.ff nâtionwide.
WestCa¡e Foundation has well-established stafflresources to manage its internal adminishative
fiscal system. Tina Stiles is the Chief Financial Officer and responsible for accounting
operations that exceed $9O_million annually. Ms. Stiles supervises fiscal staffincluding regional
controllers and accountants and ensures appropriate oversight aud review of cash management
and budget reconciliation.
WCCA o¡rrently has 263 employees and has direct oversight of federal, state and local grants
with an annual budget of exceeding $31,000,000. Entities that fund'WCCA include local, state
and federal govemment agencies, provider networks, private foundation and corporate gling
programs, and federal agencies such as the Department of Health and lluman Services (DI{HS),
Substance Abuse and MentalHealth Se¡vices Adminishation (SAMHSA), Department of
Housing andUrbanDevelopment (HUD), Deparbnent of Veterans Affairs (VA) Department of
Transportation (DOT), and Corporation for National and Communig Services (CNCS). Other
funders include national foundations such as the Elizabeth Taylor AIDS Foundation and Kaiscr
Pempnente. Local frmders include the State of Califomia, the City of Fresno, the Courty of
Fresno, and other governrnent entities ¡ 5¡¡¡suding counties. This include's prior Energency
Solutions Grants from the City of f'resno awarded in 2014 for Proiect Unite and Frcsno
County in 2015 forMutti-AgencyAccess Program (MAP) activitiee. f,'ederal grenh
include funding from the Deparhnent of Ilousing and Urban Development (2012 - present)
for Project LiftOF['which is a rapid rehousing program through the FMCOC. (See
Section 5 for a comprehensive list of WCC.fs housing programs.)
In addition to WCCA's direct experience, our Project Unite partners, Tuming Poínt of Central
California and Poverello House, a¡e well-known and respected tbroughoutthe community and
bring shong linkages and many years ofrelevant experience to the project. All three agencies
are proud members of the Fresno-Madera Continuum of Care (FMCoC) with staffserving in
varying capacities in leadershiF and support roles. Staff cunentþ engages in coordinated
outreach ¿¡fl sç¡çsning activities inthe City of Fresno geared to guide homeless individuals to
the Coordinated Assessment and Housing lvlatch (CAH\Q system for housing assistance. All
agencies utilize the Vulnerabilþ I¡dex-Service Prioritization and Decision Assistance tool (VI-
SPDAT) to asses and assist homeless individuals. The VI-SPDAT ranks each individual based
on their aru¡weni to questions regarding their sihratio4 length of homelessness, medical iszues,
and mental health diagnoses. WCCA and its partrers understand the need to provide housing
free of limiting restrictions such as requiring no substance use, receiving mental health care or
other conditions prior to program acceptancÆ and follow a Housing First sen/ice model.
WCCA is led by Shawn Jenkins. Senior Vice President. Mr. Jenkins has over twenty yea¡s of
progressiveþ responsible clìnical, adminisbative, and management experience in therapeutic
community teaffient envfuonments and case management services at WCCA, which includes
fourteen years as an administrator in substance abuse teatment pro$ams working with homeless
populations. Mr. Jenkins is responsible for administering grants and contracts, supervising
personnel, developing all program budges, nonitoring expenditures, reviewing fiscal systems
for accountability, and coordinating the forecasting antl planning of cost projections for program
operations ard budget development. This includes oversight of Project Unite's ptogtam
activities, performance, and builget. II{r. Jenkins has the authority to represent'WCCA and
make legal binilÍng conmitments on its behalf.
lr4¡, Jenkins is assisted by Lynn Pimelrtel. DepuF Adninishator. Ms. Pimentelis the di¡ect
supervisor for community and social service programs including Project Units. Ms. Pimentel
provides prog¡amm¿fis leadership fo¡ all WCCA prograrns and clinical oversight for substance
abuse and mental healthtreatment progra¡ns. Ms. Pimentel has extensive uçerience working
with qpecial populations including PLWTIA. Her duties have included coordinating client care
by collaborating with other health care professionals to provide and facilitate services;
functioning as a liaison to promote inter-organizational collaboratíon; participating in design and
implementation of research; ananging for staffdevelopment, educatiou and taining;
implementing Qualrty Assurance surveys and monitoring the effectiveness ofthe treatment
system; assisting with budget tacking and managing program budgets and expenditures;
monitoring compliance with state andfederal standards, regrlations and guidelines; and
developing, implementing and monitoring procedures to meet agency policies, and conhact
management. lvß. Pim.entel eamed a BA in Social Welfare from Califomia State University in
Fresno, Maste¡ of Arts Degree in Rehabilitation Counseling ûom Califonria State University in
Sacramento, has been a Certified Rehabilitation Counselor for 36 years and is a Registered
Addiction Specialist. She serves as Chaþerson of Babies First Leadership Team, and is a
member of the National Rehabilitation Counseling Association and the Central Califomia
Rehabilitation Association.
SECTION 6 - CURRENT AND COMPLETtrD PROJECTS
\MCCA has beenproviding housing assistance for six years (since 2009) through various
programs a.s follows:
. Homeless Prevention and Rapid Re-housing Program (IIPRP): in 2009 WCCA was
awa¡ded an HPRP contract from the City of Fresno to provide homelessness prevention
and rapidre-housing services to veterans and their families who were experiencing
homelessness or are at risk of becoming homeless. This was a three-year contract that
served a total of 520 individuals. Ofthese, 395 received rapid re-housing assistance
inctuding 178 veterans, and 125 received homelessness prevention assistance including
57 vete¡ans.
. I{ousing Opportunities for People With AIDS (HOPS/A): WCCA received frnds in
2009 to provide housingto people livingwithHIV/AIDS. Funding forthe contact
ended in June 2013. During the funding period, 12 people were assisted with their
housing neerls. In 2014, WCCA partnered with fte Fresno Housing Authority to provide
case management se¡vices for their HOPWA application whichwas awarded.
. Supportive Services for Veteran Farnilies (SSVF): SSVF is a federal Veteran's
Administralion (VA) grant which p¡ovides former military service members and their
families with housing assistance in a variety of capacities. Started tn 2Ol2, WCCA's
program serves many military families inFresno and sunounding cormties. To datg a
total of 1,356 individuals have received housing assistance tbrougbthis program. (These
mrmbers include veterans arid their family mernbers.) Since program ince'ption, 690
individuals have been helped through rapid re-housing and 666 people have been
assisted through homelesmess prevention activities. So far during the current fiscal year,
369 individuals have been as sisted: 222 individuals received rapid re-housing æsistance
and 14? received homelessness prevention services through WCCA's P2 grant funding.
Ia2}l4,the project received a Pl expansion gfant to double its capacity and numbers
served and provide sewices to yeterans in additional rural cor¡nties. This expansion grant
has sen¡ed 244 individuals to date: 192 receivcd rapid re-housing assistancq and 52
received homelessness prevention services-
Project LiftoFF: Project LifloFF began operations in 2013. This project provides
operates under a Housing First model of service delivery and provides homeless, disabled
adults and their children with permanent supportive horsing and case management
services. This project receives HUD firnds though the FMCoC, To date, 66 people have
received permanent supportive housing assistance through this project.
Fresno First Steps Home: First Steps Home operated from Jr¡ne 20L3 - September 2014.
It was a collabo¡ative effort between WCCA and the Fresno Housing Authority and was
fiinded through the Mayor's Initiative to End Homelessness. The program assisted 97
literally homeless individuals obtainhousing and case management services.
sEcrroN 7 - CONSISTENCY WrTrI FEDERÄL/LOCAL FrI¡{DrNG REQTJTREMENTS
\tr/estCare California" Inc. certifies that it will comply with 24 CFR Part 576, as amended and
related implementing regulations. WestCare Califonda, Inc. will pmticipafe in HMS, the local
CÀHM system" and the Fresno Madera Continuum of Ca¡e.
SECTION 8 _ PROJECT BUDGET
The required budget forms follow on next two pages.
Exhibit B
BUDGET SUMMARY
Consultant Service Agreement "Between" Gity of Fresno
See attached
PRC 1.0/10-07-04
SUDGEf PiOPOSAI- CTTV OF FIESNO ESG
srx l5l MoNil ÊUDGET PROPOSAL
O[6ANIZAÏION NAME
PIO'ECINAME
lßtructlons:
WeslcárÊ C¡l¡forn¡ä, lß.
please use th¡s form to prêpare a proposêd budget forslx(61 months of proBrâm expenditures dur¡ng the period Septemb€r 1.2015 to March 1, 2015.
Províde line item budBet deta¡l below ánd use the budget narr¿t¡ve to explatn Proposed budget iterns
ThebudgetshouldshowtotalcostsforthisprogramdurlngasÌx-monthoerÌod, lfaporÌionofprogr¿mcostsdurlnBtheperiodSeptemberl,2015toMarchl,
2016 will be covered by ESG fundlng prevlously awarded bythe Clty or County of Fresno or if the appllcant expecb to requel ESG fund¡ng from Fresno Counry,
pleaseusetieapproprlatecolumnstoshowtheseamounts. lfCityorCountyESGfundsw¡llbeusedfotcoststhatarenotlncludedinthlsbudget,pleaJeuse
the space below to explaln,
COUI{TY ESG
OTYESGtunds funds(¡warde4
loTAt BUDGET Drevtousv requêste4 or
forthís gfvESGfunds ¡w.rd¿dfotthis expected)forthls Metchlngfunds Sowæ(slofmalchlng
prog.am proposed ptqgam prognn forttis Prognm fundsforthis program
ESG Unitè iapH R.{NlnB
ESG ACÍIVITY
/ì/estcare California stdff & ooeratíns costs 9,222.W 9.222-00 9.222.W
Westcare match - HU0
SSVF services
)overello Housestaff & ooeraflnE costs s 5.9æ.00 5.920.00 5.920.00
fumlnc Poìntsteff & oÐeGtlne costs 73.491ßO 73,497.00
foflr,l str.êt oulrcodr/ øetgency shela¿¡88.639.00 5 E&bJg-t (,
Hoil¿hssncss Pf ev"nt¡on
Repid R3-HouslñP
idninistret¡ve æsts up to 25% of E56 tunds
edueJted for Dropräm actÍvhies 5 942.Ot s 942.OO 5 942.00
Westcare matci - ln-
Hnr{
organlation has been aw¡rdcd ESG fundtfromthe Otyor Couîty of Fresnofor actlvldes that wlll be lmplemented duringthe per¡odSeptemberl, 2015
l, 2016, please explalñ how those funds wlll be used to payfor costs essoclated w¡th t¡is progr¿m lshom abovef, or for other protr¿m costs durlng
geriodi WCC hotbccnowúdedEsofundslrombolttah¿C¡tltndCovãtlojFesîowh¡chøYerlhePqíodoÍg/t/tS¡o3/t/76.Prcl.ctun¡te¡t
TOOi( by Clly oi Fresno ESG funds. WCCA rcæivcd an erltntion ol thlr controct wùldr wìll tøke effe.t oî Novzmbu t, 20tS and Nn tØc ?0,
Funds wttl ønllnucto be usd to provideæse l/F/ntgemhçhottt¡ng s|¡úäroaÎort, bildge houslng ondhouslng locøtlons osslstcnceao taflIcethe ctlrt/t
vulnemblehomelasqndthoteoarlskofhomel¿ssnest. wCcAhlhcleodorgtnl.otlonsndtlsrslsgenllstProlecaltnLcondPaftn.ßwîthfumíng
oI C.ntìr/t CattIoflt¡ø dnd Poverello llouse ao provld¿ t¿t1ttæt. WCCA p¡ovldet 70014 oÍ lh¿ îdPI¿ re-howing aad hoælu pæve¡tlon flndnd¿l
do.s Dot hqte ony pending CiÌy ot crluntl o, Ff6no ESG fut dlng rcqvètat. Fulur¿ WCCA ESG Índtng rcq!88 will b. dctem¡ned bosed ePon
ørd projed nccds whea notifcat¡ons ol Íundl,E Noilobifrcy ønd RFPi o¡¿ rzl¿osed.
your orgãnizatioI has requested or ¿rpects to apply for ESGfunds l'rom the County of Fresno for actlv¡tles that will be lmplemented duringthe per¡od
1, 2ot5 to March 1, 201Ç please explain how those funds wlll be used to payfor costs associated with thls program (shown above), or for other
EXPtÁNAïOfl OF MAltlllf{6 FUNDS
describethe¡ources¡ndusedofm¡tchingfunds. tfmatd:ingfundswillbeusedtoPayfolcoststhãtare¡9!includedlnthebudgetabove,pleaseclearly
the costs and actlv¡tiesthat w¡ll besuPPorted w¡tfi thoe matchlng funds:
Cotiþrnia will provideit's match,hrough HUDS'VFscwlæs,Thc HllDSuppotTive SeruìcesforVelercn FonìlÍes ISSVF) p¡ognm ptovidessvùPorÌìvê
ond tenporory finøncit! otstttonæ, bos¿d on næ4 to wrl tov inøm.vea.ron [oñil¡*to Nnznt ond rcdw homel¿ssnns,lurning Potnt wllt
16 ma¡dt thtouEh nÌst S,êp Homet seÚlcs wh'îtã wlll provlde oddltloûal sttîsloìce to lhe Prol¿ca Un¡le ctienlsîot Preventing o1 t¿duclnq
Powrello Houtè øll provlde ¡ts mo¡ch dttough 3 m¿als o dsy lo 120 el¡.nts lot the length of thc Plogrom'
WestC.re California, lnc,
C¡ty of Ftesno ESG Unite Rapid Re'Housing
Êmonth Budtet 9/1/15 Âl7lL6
Budget Narrat¡ve
to provide assistance to clients for short-term, medium-term, or one-t¡me payment
to assist cl¡ents with secr¡rity and/or utility depos¡t a$lstance. Estímated at S568.33
Funds to assíst progrôm clients with moving costs. Êstimated at S13 ¡n a 6*nonth period.
Adm¡nlstr¡tion
Admlnistratlve Costs Administrative costs are comprised of administrat¡ve personnel and other
such costs that support the program and are not covered in the line item
budget. These costs includg but are not limited to, management
accounting, payroll, human resources, and technical support. Calculated at
26.7% of dfiest costs.
EXHIBIT C
Homeless Services Report
See attached
PRC 1.0/10-07-04
t¡me of Organ¡zat¡on:
Àddrcss:
:rly: Stale: ZiP Code:
Þhone Number:
Perlod Covered by Reporl:
Desc¡lption of Services:
Meals Shelter
Term of ContracuAgreement:
Ëhesì+Ð..&EXHIBIT C
EMERGENCY SHELTER GRANT
HOMELESS SERV]CES QUARTERLY REPORT
Residential Sewices:
Arærage number served dailY:
Enter App¡oximate Percenlages (round to the nearest whole number e.g. 48.21/o=4ô% o¡ 23.7%=241
Programs and Service(s):
Enrergency Shelter Facilities
Vouciers for Shehۧ
Orop-ln Center/Food Panlry
Menlel Health
AlcohoUDtug Prograrn
Child Care
Other
UneccomPanied 18 and over
Unaccornpanied under 18
Famllies wlth Chlldren Headed bY:
Single 18 and over
Youth 18 and under
Turo parénta 18 and over
Two parents under 18
Families with no children
Group/Lärge House
Scattered Site AParlment
Single Family Detached House
% Males %Females
0¡6 Males % Females
Transltional Housing
Outreach
Soup K¡tch€n/Meal Disbibution
Heallh Care
HIV/AIDS Servíces
Employmenl
Homeless Prevenlion
Chitdren
% Female
% Female
o/o Female
o/o Female
% Female
% Drug Dependent lndividuals
% Elderly
o/o Veterans
o/o Physically Disabled
% Other
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other
o/o Male
% Male
0¡6 Male
% Male
o/o Male
On an average daythe percentage ofthe PoPulation servedwho are:
% Battered SPouse
% Runaway/Throrrr Auray Youtl
% ChronicallY l,lenlallY ILL
bá Developmenlally Disabl€d
% Hw/AIDS
% Alcohol Dependent lndlviduals
Shelter T¡rpe: NumÞer of persons housed
Banacks
A¡e Levels
L5
t12
t3-17
r8-34
l5-5¡t
55-59
8fì4¿
55+
Llnknown
fool
Organizatlon:
'l
2
3
4
5
6
I
Sþnature of the Aulhorized Agent or Off¡cer:
Reporting Period:
6¿nder
Mal€
êmlÊ
lot¡l
úelerans
Penon¡ wl Disabilllies
0u¡ñar:
fôlâl M.elB
fobl Shclleî N¡ohls
Yc.r b Dele:
foll¡l M¿rls
ro,tlll shclter Nhhls
R¡ce
Tot l Pcr¡oîs Hisp¡nlc Per¡on!
Jl/hitc
BlâÊl(rAfticân Amêricen
\¡ian
Amer- lndbn/Al¡gkâ Nât¡ve
\¡¡tiy€ Haw¡¡ien/Other Pacific lslender
Àmr lndian/Al¡¡ke NÊi. & Whltè
Lsian & While
3l¡ddAftlcan An€r. & White
An€r. lndian/Ahske Nat, & Bhck Afican Amoric¡n
IOlAL
ll¡tching Fundc Rrporl (ESG rrquins I l:1 match), The lollodq .ro the ¡ources ol thê .Oencyt mltch:
Source(s): Amount
Tot¡l $
Oate:
PrinUTlrye Name:
EXHIBIT D
Consultant Service Agreement "Between" City of Fresno
and WestGare California, lnc.
Emerqencv Solutions Grant
PROJECTTITLE
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 Gommercial General Liability
policy shall be written on an occurrence form and shall provide coverage
for "bodily injury," "property damage" and "personal and advertising injury"
with coverage for premises and operations (including the use of owned
and non-owned equipment), products and completed operations, and
contractual liability (including, without limitation, indemnity obligations
under the Agreement) with limits of liability not less than those set forth
under "Minimum Limits of lnsurance.'
Z. The most current version of ISO *Commercial Auto Coverage Form CA
O0 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 wrítten on an occutrence 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, offìcials, employees,
agents and volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession. Architect's and engineer's coverage is to
be endorsed to include c¡ntractual 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, íts 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:
1. GOMMERCIAL GENERAL LIABILITY:
PRC 1.0i1047-04
(i) $1,000,000 per occurrence for bodily injury and property
damage;(ii) $1,000,000 per occurrence for personal and advertising
tnJury;(¡ii) $2,000,000 aggregate for products and completed
operations; and,(¡v) $2,000,000 general aggregate applying separately to the
work performed under the Agreement.
2. COMMERCIALAUTOMOBILELIABILITY:
$1,000,000 per accident for bodily injury and property damage.
oR*
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability
not less than:
(¡) $100,000 Per Person;(¡i) $300,000 per accident for bodily injury; and,
(¡ii) $50,000 per accident for property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(¡) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 dísease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILIW (Errors and Omissions):
(i) $1,000,000 per claim/occunence; and,
(i¡) $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 Límits 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, offìcials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF.INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible for
PRC 1.0/10-07-04
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared on the Certifìcate 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
(i¡) CONSULTANT shall prov¡de a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or
self-insured retentions.
OTHER INSURANCE PROVISIONS'ENDORSEMENTS
are to contain, or be
endorsed to contain, the following provisions:
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 10 11 85 or both CG 20 10 l0 01 and'CG2037 1001 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
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 offìcers, 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.
The Workers' Compensation insurance policv is to contain, or be endorsed to contain,
the following provision: CONSULTANT and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents and volunteers.
is written on a
claims-made form:
PRC 1,0/10-07-04
1. The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by CONSULTANT.
2. 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 fìrst.
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 certíficate 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 fìfteen (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 thís Agreement,
including all endorsements, with said copy certified by the unden¡rriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or
termínation of this Agreement.
PRC 1.0/10-07-04
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emerqencv Solutions Grant
PROJECTTITLE
YES*NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
n ú
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
tr I
3 Do you curently represent or perform work for any clients who do
business with the Gity of Fresno?
n ø
4 Are you or any of your princípals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
n W
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 signifìcant role in the subject matter of this service?x t
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
¡{
* lf the answer to any question is yes, please explain in full below'
Explanation:
Date
WestCare California lnc.
1505 N. Chestnut Street
Fresno, CA 93703
¡ Additional page(s) attached.
PRC 1,0/10-07-04
, COßID"\----'CERTIFICATE OF LIABILITY INSURANGE DATE (MMiDDÍYYYYI
6116//2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHEGERTIFICATEHOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE tSSUlNc TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: lf the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. lf SUBROGATION lS WAIVED, subject to
the terms andcond¡tionsof thepolicy,certainpolíciesmayrequireanendorsement" Astatementonthiscertificatedoesnotconferrightstothe
cert¡ficate holder in lieu of such endorsement(s).
PRODTJCER
Willis of Florida, lnc.
c/o 26 Century Blvd
P.O. Box 305191
Nashville, TN 37230-51 9l
CONTACT
NAME:
ljlx N"" FÉr.(877) 945-7378 l lfiâ,""', (888) 467-2378
E.MAIL
ADDRESS:
INSURERIS) A FFORDING COVERAGE NAIC #
l¡lsunen n,Arch lnsurance ComÞanv 11150
INSURED
Westcare California, lnc.
PO Box 94738
Las Vegas, NV 89193-4738
iñsunene:Commerce & lndustry lnsurance Companv 19410
INSURER C :
INST'RER D:
INSIJRER E:
INSURER F:
--
COVERAGES
CERTIFICATE HOLDER
CERTIFICATE NUMBER:
WESTFOU-02 SMITHGA
REVISION NUMBER:
CANCELLATION
@ 1988-2014 ACORD CORPORATION. AII rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHERDOCUMENTWTHRESPECTTOWHICHTHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS.
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
t5h
TR TYPE OF INSURANCE NCn POLICY NUMBFR TULIUI ÈtststMMrnnffit UMITS
A Ã COMMERCIAL GENERAL LIABILITY-l .*,r"-roo, IX lo..ro X X 071o1t2015
EACH OCCURRENCE E 1,000,00(
07t01t2016 UAMÂUtr IUKENItrU
PREMISES lEa oæunenceì E I,000,00(
MED EXP (Anv one Derson)$20,00(
PERSONAL A ADV INJURY g 1,000,00(
GE¡
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TL AGGREGATE LIMIT APPLIES PER:
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PRODUCTS . COMP/OP AGG $3,000,00(
$
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$
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UMBRELLA LIAB
EXCESS LIAB
X I occun
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X AGGREGATE $2,000,00(
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WORKERS COMPENSATION
ANDEMPLOYERS'LIABILITY YrN
ANY PROPRIETOR/PARTNER,EXECUTIVE Iw-
OFFICER/'I4EMBER EXCLUDED? L'(Mandatory ín NH)
lfyes, describe underntreaÞlÞ11ôÀl ñt ôÞÈÞÁTlñNlC hôlau
N'A X Ivc018721029 02t26t2015 0212612016 E L, EACH ACCIDENT s 1,000,00(
E L, DISEASE - EA EI\¡PLOYEI e 1,000,00(
É L. DISEASE - POLICY LIMIT s 1,00O00(
A
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trofessíonal Liab.
\buse & Molestation
,tTPKG0005308
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07to1t2015
07to1t2015
071o1t2016
07101t2016
Occ. $1,000,000/Agg 3,000,00(
Occ. $1,000,000/Agg 3,000,00(
DEScRIPTloNoFOPERATIONS/LOCATIONSTvEHIcLES (ACORDl0l,Add¡tionalRemarksSchedule,maybeattachedifmorespaceisrequ¡red)
City of Fresno, a California Municípaf Corporation, hereinafter referred to as CITY, its officers, officiafs, employees, agents and volunteers are included as
Additional lnsureds as respects to General Liability including completed operations and Auto Liability.
General Liability and Auto Liability policies shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by
Additional lnsureds.
The Excess Liability policy is Follows Form.
SEE ATTACHED ACORD 1OI
City of Fresno, a California Muncipal Corporation
CITY
2600 Fresno Street, Room 2097
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANGE WITH THE POLICY PROVISIONS.
t?á"^,.,
ACORD 25 (2014to11
AcENcy cUST6MER tD: WESTFOU-02
LOG#: I
ADDITIONAL REMARKS SCHEDULE Page I of 1
AGENCY
lVillis of Florida, lnc.
NAMED INSURED
Westoare California, lnc.
PO Box 94738
Las Vegas, NV 891934738POUCY NUMBER
ìEE PAGE 1
CARRIER
ìEE PAGE 1
NAIC CODE
ìEEPl EFFECTVEDATE: sFF PÀGtr I
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORMNUMBER: ACORD2s FORMTITLE:Cêrfífìcâfê of Liebil¡fu lnsurenDe
Description of Operations/LocationslVehicles:
Waiver of Subrogation applies in favor of City of Fresno, a California Municipal Corporation, hereinafter referred to as CITY, its
officers, officials, employees, agents and volunteers with respects to Workers Gompensation as perm¡tted by law.
O 2008 ACORD CORPORATION. All rights rèserved.
The ACORD name and logo are registered marks of ACORD
ACORD 101 (2008/01)