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AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the 11th day of June, 2013 by and
between the CITY OF FRESNO, a California municipal corporation ("C|TY"), and WestCare
California, a California corporation ("RECIPIENT'). CITY and RECIPIENT are sometimes
hereinafter referred to individually as a Party and collectively as Parties.
CITY has received a grant commitment from the United States Department of Housing
and Urban Development (HUD) to administer and implement the Emerg654ency Solutions
Grant in the City of Fresno in accordance with the provisions of 24 CFR Part 576 et seq. and
California law.
The purpose of the ESG grant is to provide assistance to the homeless and those at risk
of becoming homeless to quickly regain stability in permanent housing after experiencing a
housing crisis and/or homelessness within the city.
CITY, in conjunction with and through the County of Fresno, issued a Request for
Proposal Number 952-5087 ("RFP') to solicit cost proposals with specific plans to provide
eligible ESG services ("Scope of Work").
ln response to the RFP, RECIPIENT submitted a Proposal which included a Scope of
Work and cost proposal ("Budget") as described in Exhibits A and B respectively and
represents it is capable and qualified to meet all the requirements of the RFP and this
Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions
and premises hereinafter combined to be kept and performed by the respective Parties, it is
mutually agreed as follows:
ARTICLE I
DEFINITIONS. Wherever used in this Agreement or any of the contract documents, the
following words shall have the meaning herein given, unless the context requires a different
meaning.
"ACT" - 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant and
Consolidated Plan Conforming Amendments lnterim Rule , published in the Federal Register on
December 5,2011 (76 Fed. Reg. 75954).
"Administratod' and "Contract Administrator" shall mean the Manager of the Housing and
Community Development Division of the Development and Resource Management Department
of City or his or her designee.
"Bid Proposal" and "Proposal" shall mean RECIPIENT's response to the RFP including
but not limited to the Budget, Scope of Work, certifications and all attachments and addenda.
"Budget" shall mean RECIPIENT's Cost Proposal submitted with the Bid Proposal.
"City Manager" shall mean the City Manager of CITY.
"Contract" or "Contract Documents" shall mean and refer to this Agreement including its
exhibits and the RFP and Bid Proposal with all attachments and addenda thereto.
"ESG' shall mean Emergency Solutions Grant as set forth in the ACT.
'ESG Policies and Procedures" shall mean Attachment B to the RFP.
"General Conditions" or "General Requirements" shall mean the General Requirements
contained in the RFP.
"Program" shall mean services designed to identify sheltered and unsheltered homeless
persons, as well as those at risk of homelessness, and provide necessary help to those persons
quickly regain stability in permanent housing after experiencing a housing crisis and/or
homelessness within the parameters and requirements of the ACT and the ESG Policies and
Procedures.
"Program income" for the specific purpose of this Agreement shall be as defined in the
ACT. Unless othenrvise provided for in the ACT, program income shall include any and all gross
income earned by or accruing to RECIPIENT in its pursuit hereof provided that the term
program income does not include rebates, credits, discounts or refunds realized by RECIPIENT
in its pursuit hereof.
"RFP" shall mean the Request for Proposal Number 952-5087 for the County and City of
Fresno Emergency Solutions Grant dated October 2, 2012 including without limitation the
general requirements, bidding requirements, all its attachments, appendices and addenda.
"Scope of Services or Services" shall mean those services submitted with RECIPIENT's
bid proposal to be offered in fulfillment of the Program and included in Exhibit A.
1. Contract Administration. This Agreement including all the Contract Documents
shall be administered according to the order of precedence set forth herein for CITY by
Administrator who shall be RECIPIENT'S point of contact and to whom RECIPIENT shall report.
2. Scope of Services. RECIPIENT shall provide the Program in conformance with
the Contract Documents and perform to the satisfaction of CITY those services set forth in
Exhibit A and services necessarily related or incidental thereto even though not expressly set
forth therein.
3. Effective Date and Term of Aqreement. lt is the intent of the Parties that this
Agreement be effective as of the date first set forth above as to all terms and conditions of the
Agreement. Services of RECIPIENT shall commence as of December I , 2013 and shall end
June 30, 2015, which shall be the term of this Agreement, unless terminated earlier as provided
herein.
4. Compensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed One Hundred and Fifty Thousand Dollars and Zero Cents
($150,000.00) for satisfactory performance of the services rendered therefore and as set forth in
Exhibit B attached hereto and incorporated herein. Compensation is based on actual
expenditures incurred by RECIPIENT in accordance with the Budget set forth in Exhibit B. lt is
understood that all expenses incidental to RECIPIENT's pedormance of services under this
Agreement shall be borne by the RECIPIENT. lf RECIPIENT should fail to comply with any
provisions of this Agreement, CITY shall be relieved of its obligation for further compensation.
(a) Payments shall be made by the CITY to RECIPIENT in arrears, for
services provided during the preceding month. Such payment by City shall be made in the
normal course of business, generally within forty five (45) days after the date of receipt by ClTy
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 suchwill 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 ihe period
for which an advance is proposed.
(c) Any funds paid by CITY hereunder which remain unearned at the
expiration or earlier termination of the Agreement shall be, and remain in trust, the property of
CITY and shall be remitted to CITY within 10 days of expiration or earlier termination of inis
Agreement. Any interest thereon must be credited to or returned to CITY. Upon any dissolution
of RECIPIENT, all funds advanced pursuant to this Agreement and not expended shall be
returned to CITY.
(d) CITY will not be obligated to make any payments under this Agreement if
the request for payment is received by the CITY more than 60 days after the date of iermination
of this Agreement or the date of expiration of this Agreement, whichever occurs first.
(e) RECIPIENT understands and agrees that the availability of ESG Funding
hereunder is subject to the control of HUD and should the ESG Funding be encumbered-,
withdrawn, or othenruise made unavailable to CITY whether earned or promised to RECIpIENT
and/or should CITY in any fiscal year hereunder fail to appropriate said funds, ClTy shall not
provide said funds to RECIPIENT unless and until they are made available for payment to ClTy
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 Seruices provided may be modified, or this Agreement terminated, at any
time by the CITY as provided in section 9 below.
(f) RECIPIENT shall use the funds provided by CITY solely for the purpose
of providing the services required under subsection 2 (a) of this Agreement.
5. Matchinq Funds Requirements of RECIPIENT: RECIPIENT agrees to match all
ESG funding disbursed to it by CITY on a dollar for dollar basis. Donated funds, material and
labor may be used as matching funds. Time contributed by volunteers shall be calculated at the
rate of $5 per hour. RECIPIENT shall determine the value of donated material or building space
using a method based on fair market value. Other federal funds may be used as matching
funds unless expressly prohibited by law or contract. Unless othenruise provided by applicablé
law or contract, matching funds shall be applied in furtherance of the Scope of Work hereunder.
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, reduction or withdrawal of RECIPIENT'S funding by other
funding source(s).
(b) Addition or resignation of any of RECIPIENT'S Board of Director
members.
(c) Resignation or termination of any of RECIPIENT'S staff, including those
staff not funded by this Agreement but essential to the delivery of the services listed in Exhibit
A.
(d) The Administrator may, in his or her sole discretion, stay such suspension
of the Agreement for a period not to exceed 30 days to allow RECIPIENT to either (i) submit a
new service or funding plan for evaluation by Administrator who may accept or reject in his or
her sole discretion, or (ii) complete an orderly phase out of services. lf the Administrator
accepts such new service or funding plan, then such plan will be subject to the requirements in
Section 14 below.
7. Disposition of Proqram lncome. Absent the CITY's written consent, any
program income generated hereunder shall be used to reduce the CITY's reimbursement
obligations hereunder, or in the absence thereof promptly remitted entirely to the CITY.
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)
(b)
Agreement.
An illegal or improper use of funds.
A failure to comply with any term, covenant or condition of this
(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 improperly being
performed by recipient.
(e) Refusal of RECIPIENT to accept change under Section 16
(f) RECIPIENT fails to maintain any required insurance.
(g) There is a loss of third party funding (see Section 6 above).
(h) RECIPIENT files, or has filed against it, a petition of bankruptcy,
insolvency, or similar law, state or federal, of filing any petition or answer seeking, consenting
to, or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation,
dissolution, or similar relief, where such petition shall not have been vacated within fourteen (14)
days; or if adjudicated bankrupt or insolvent, under any present or future statute, law, regulation
under state or federal law, and judgment or decree is not vacated or set aside within fourteen
(14) days.
(i) RECIPIENT's failure, inability or admission in writing of its inability to pay
its debts as they become due or RECIPIENT's assignment for the benefit of creditors.
0) A receiver, trustee, or liquidator being appointed for RECIPIENT or any
substantial part of RECIPIENT's assets or properties, and not removed within ten (10) days.
(k) RECIPIENT's breach of any other material condition, covenant, warranty,
promise or representation contained in this Agreement not othenruise identified within this
Section.
9. Termination and Remedies.
Upon the occurrence of an Event of Default, CITY shall give written notice RECIPIENT
of the Event of Default by specifying (1) the nature of the event ordeficiency giving rise to the
default, (2) the action required to cure the deficiency, if, in the sole discretion of CITY, any
action to cure is possible, and (3) if the Event of Default is curable, a date, which shall not be
less than thirty (30) calendar days from the date of the notice, by which such deficiency must be
cured, provided, however that if such failure cannot be remedied in such time, RECIPIENT shall
have an additional thirty (30) days to remedy such failure so long as RECIPIENT is diligently
and in good faith pursuing such remedy.
(a) This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT and a
failure to cure said Event of Default within the time specified in the notice of Event of Default; (ii)
7 calendar days prior written notice without cause by CITY to RECIPIENT; (iii) CITY'S non-
appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of
this Agreement, or insufficient funding for the services provided by RECIPIENT; or (iv)
expiration of this Agreement.
(b) lmmediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of
its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all
properties and materials in the possession of RECIPIENT that are owned by CITY. Subject to
the terms of this Agreement, RECIPIENT shall be paid compensation for services satisfactorily
performed prior to the effective date of termination. RECIPIENT shall not be paid for any work
or services performed or costs incurred which reasonably could have been avoided.
(c) Upon any breach of this Agreement by RECIPIENT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to
it under applicable laws of the State of California or any other applicable law; (ii) proceed by
appropriate coud action to enforce the terms of the Agreement; and/or (iii) recover all direct,
indirect, consequential, economic and incidental damages for the breach of the Agreement. lf it
is determined that CITY improperly terminated this Agreement for default, such termination shall
be deemed a termination for convenience.
(d) ln no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may then exist
on the part of RECIPIENT, nor shall such payment impair or prejudice any remedy available to
CITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of RECIPIENT the repayment
to CITY of any funds disbursed to RECIPIENT under this Agreement which, in the judgment of
CITY, were not expended in accordance with the terms of this Agreement, and RECIPIENT
agrees to promptly refund any such funds within 10 days of CITY'S written demand.
10. lndemnification.
To the furthest extent allowed by law, RECIPIENT shall indemnify, hold harmless and
defend CITY and each of its officers, officials, employees, agents and volunteers from any and
all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tod or
strict liability, including but not limited to personal injury, death at any time and property
damage), and from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or relate to the
negligence, recklessness or willful misconduct of RECIPIENT, its principals, officers,
employees, agents or volunteers in the performance of this Agreement.
lf RECIPIENT should subcontract all or any portion of the services to be performed
under this Agreement, RECIPIENT shall require each subcontractor to indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and volunteers in
accordance with the terms of the preceding paragraph.
This section shall survive expiration or termination of this Agreement.
11. lnsurance.
(a) Throughout the life of this Agreement, RECIPIENT shall pay for and
maintain in fullforce and effect all insurance as required in Exhibit D or as may be authorized in
writing by CITY'S Risk Manager or his or her designee at any time and in his or her sole
discretion.
(b) If at any time during the life of the Agreement or any extension,
RECIPIENT or any of its subcontractors fail to maintain any required insurance in full force and
effect, all services and work under this Agreement shall be discontinued immediately, and all
payments due or that become due to RECIPIENT shall be withheld until notice is received by
CITY that the required insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the
required insurance shall be sufficient cause for CITY to terminate this Agreement. No action
taken by CITY pursuant to this section shall in any way relieve RECIPIENT of its responsibilities
under this Agreement. The phrase "fail to maintain any required insurance" shall include,
without limitation, notification received by CITY that an insurer has commenced proceedings, or
has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by RECIPIENT shall not be deemed to
release or diminish the liability of RECIPIENT, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by RECIPIENT. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of RECIPIENT, its principals, officers, agents, employees, persons under the supervision
of RECIPIENT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or
anyone employed directly or indirectly by any of them.
(d) Upon request of CITY, RECIPIENT shall immediately furnish CITY with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the unden¡vriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this Agreement.
(e) lf RECIPIENT should subcontract all or any portion of the services to be
performed under this Agreement, RECIPIENT shall require each subcontractor to provide
insurance protection in favor of CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with RECIPIENT and CITY prior to the commencement
of any services by the subcontractor.
12. On-Site Monitorinq. Authorized representatives of HUD and/or the City shall
have the right to monitor the RECIPIENT's performance under this Agreement. Such
monitoring may include inspection activities, review of records, and attendance at meetings:
RECIPIENT shall reasonably make its facilities, books, records, reports and accounts available
for City's inspection in pursuit hereof.
This section 12 shall survive termination or expiration of this Agreement.
13. Records. Reports and lnspection
(a) RECIPIENT shall establish and maintain records in accordance with all
requirements prescribed by CITY, HUD and generally accepted accounting principles, with
respect to all matters covered by this Agreement. As applicable, RECIPIENT shall comply with
all applicable requirements of the Office of Management and Budget Circular A-122, Cost
Principles for Non-Profit Organizations; OMB Circular A-133 Audits of States, Local
Governments and Non-Profit Organizations, including the provision of a single audit (generally
applicable where funding from all federal sources in any fiscal year exceeds $500,000), and to
such extent shall submit to the CITY any applicable auditor's reports and audited financial
statements no later than three (3) months after the RECIPIENT's fiscal year end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110 Uniform
Administrative Requirements for Grants and Other Agreements with lnstitutions of Higher
Education, Hospitals, and Other Non-Profit Organizations.
foregoing:
RECIPIENT shall be responsible for determining the applicability of the
(1) RECIPIENT shall send all required reports to the Administrator not
later than the fifteenth of the month following the last day of the latest month for which
the repoÉ is due.
(2) Except as othenruise authorized by CITY, RECIPIENT shall retain
such records for a period of five (5) years after receipt of the final payment under this
Agreement or the earlier termination of this Agreement, whichever occurs later.
RECIPIENT is to prepare written financial statements, and completed Homeless
Services Report, each in the form attached hereto as Exhibit G incorporated herein,
each covering matters pertaining to the Scope of Services contained in Exhibit A, to be
submitted to CITY no later than the thirtieth (30th) of the month following the end of each
quarter hereunder for the duration hereof, absent City's prior written consent in cases of
unusual circumstances as determined in the sole discretion of the CITY.
(b) All costs shall be supported by properly executed payrolls, time records,
invoices, contracts, vouchers, orders, or any other accounting documents pertaining in whole or
in part to this Agreement and they shall be clearly identified and readily accessible to CITY.
(c) During the life of this Agreement and for a period of five (5) years after
receipt of the final payment under this Agreement or the earlier termination of this Agreement,
whichever occurs later, RECIPIENT shall, at any time during normal business hours and as
often as CITY and/or HUD or the authorized representative of either CITY or HUD may deem
necessary, make available to them or any one of them, within the City of Fresno, such
statements, records, reports, data and information as they may request pertaining to matters
covered by this Agreement and permit them or any one of them to audit and inspect all records,
invoices, materials, payrolls, records of personnel, conditions of employment, and other data
relating to all matters covered by this Agreement. RECIPIENT shall also permit and cooperate
with on-site monitoring and personal interviews of participants, RECIPIENT'S staff, and
employees by Administrator and other CITY and/or HUD representatives.
(d) The RECIPIENT is required to participate in the Fresno Madera Continuum
of Care ("FMCoC"). Participation is defined as attendance at a minimum of 75% of all FMCoC
Director's meetings.
(e) The RECIPIENT is required to collect and report client-level data in a
database comparable to the local Homeless Management lnformation Systems (.HMlS") run by
the Housing Authorities of the City and County of Fresno through a Memorandum of
Understanding with the FMCoC or a data base that complies with any special requirements
which may be developed by HUD for legal services or domestic violence victim service
RECIPIENTS as pre-approved by the CITY. Reporting in a database comparable to HMIS is a
requirement of ESG funding. The comparable database will be maintained by the RECIPIENT
and used to collect data and report on outputs and outcomes as required by HUD. RECIPIENT
is required to enter all client intakes, provide regular updates and exit all clients once services
are completed. As applicable, RECIPIENT must enter the following information in the
comparable database for federal reporting purposes:
Name
Social Security Number
Date of Birth
1)
2)
3)
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
8) Disabling Condition
9) Residence Prior to Program Entry
10) Zip Code of Last Permanent Address
11) Housing Status
12) Program Entry Date
13) Program Exit Date
14) PersonalldentificationNumber
15) HouseholdldentificationNumber
16) lncome and Sources
17) Non-Case Benefits
18) Destination (where client will stay upon exit)
19) Financial Services Provide (if any)
20) Housing Relocation & Stabilization Services Provided (if any)
(f) CITY shall provide full reporting requirements as required by HUD, under
separate documentation for RECIPIENT. lf RECIPIENT is a legal services or domestic violence
victim services RECIPIENT, and requires client-level information to remain confidential, they will
be required to establish a comparable client-level database internal to its organization (e.9. no
identifying data shared with the HMIS or the CITY and will provide only aggregate data to the
CITY as required). RECIPIENT will work with the HMIS administering agency, as an agent of
the FMCoC, to determine that the alternative database meets the standards for comparable
client-level databases, including compliance with the HMIS Dat and Technical Standards which
are acceptable to HUD and the CITY.
(g) All data elements specified above in 13(e) must be recorded for each
ESG Program in the HMIS and the fields needed to correctly generate the performance reports
are required to be collected in the comparable database.
(h) The RECIPIENT is required to provide housing unit and client data to the
City of Fresno, or designee, to include in the Point in Time survey as administered by the
Fresno-Madera Continuum of Care and as required by the HEARTH Act of 2009.
This Section 13 shall survive expiration or termination of this Agreement.
14. Subcontracts. The RECIPIENT shall not enter into subcontracts for any work
contemplated under the Agreement without first obtaining the CITY's written approval.
(a) An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CITY's files.
(b) RECIPIENT is responsible to CITY for the proper performance of
subcontract. No such subcontract shall relieve RECIPIENT of its obligations under
Agreement.
any
this
(c) Any subcontract shall be subject to all the terms and conditions of this
Agreement.
(d) No officer or director of RECIPIENT shall have any direct or indirect
financial interest in any subcontract made by RECIPIENT or in any loan, purchase of property,
or any other arrangement made by RECIPIENT, by whatever name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall complete
a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit D.
During the term of this Agreement, RECIPIENT shall have the obligation and duty to
immediately notify CITY in writing of any change to the information provided by RECIPIENT in
such statement.
(b) RECIPIENT shall comply, and require its subcontractors to comply, with
all applicable federal, state and local conflict of interest laws and regulations including, without
limitation, California Government Code Section 1090 et seq., the California Political Reform Act
(California Government Code Section 87100 et seq.) and the regulations of the Fair Political
Practices Commission concerning disclosure and disqualification (2 California Code of
Regulations Section 18700 et seq.). At any time, upon written request of CITY, RECIPIENT
shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due
diligent inquiry, RECIPIENT and the respective subcontractor(s) are in full compliance with all
laws and regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise
to the appearance of a conflict of interest, RECIPIENT shall immediately notify CITY of these
facts in writing.
(c) ln performing the work or services to be provided hereunder, RECIPIENT
shall not employ or retain the services of any person while such person either is employed by
CITY or is a member of any CITY council, commission, board, committee, or similar CITY body
or within one year of their termination therefrom. This requirement may be waived in writing by
the City Manager, if no actual or potential conflict is involved.
(d) RECIPIENT represents and warrants that it has not paid or agreed to pay
any compensation, contingent or othenruise, direct or indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
ARTICLE 2
FEDERAL REQUIREMENTS
16. RECIPIENT warrants, covenants and agrees, for itself and its contractors and
subcontractors of all tiers, that it shall comply with all applicable requirements of the Lead-
Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35 and 24 CFR982.4ü0. ln this regard RECIPIENT shall be responsible for all inspection, testing and
abatement activities.
(a) The requirements, as applicable, of the Lead-Based Paint Poisoning
Prevention Act(42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act
of 1992 (42 U.S.C.4851-4856) and implementing regulations at 24 CFR Part 35. ln addition,
the following requirements relating to inspection and abatement of defective lead-based paint
surfaces must be satisfied: (1) Treatment of defective paint surfaces must be performed before
final inspection and approval of the renovation, rehabilitation or conversion activity under this
part; and (2) Appropriate action must be taken to protect shelter occupants from the hazards
associated with lead-based paint abatement procedures.
(b) The RECIPIENT agrees to comply with all applicable requirements of Section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD implementing
regulation 24 CFR Pad 8.
(c) RECIPIENT agrees to comply with the federal requirements set forth in 24 CFR
Part 5, except as explicitly modified below, and use of emergency shelter grant amounts must
comply with the following requirements: (a) Nondiscrimination and equal opportunity. The
nondiscrimination and equal opportunity requirements at24 CFR Pad 5 are modified as follows:
(i) Rehabilitation Act requirements. HUD's regulations at 24 CFR Part I
implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended. For
purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8
shall include sleeping accommodations.
(ii) RECIPIENT shall make known that use of the facilities and Services are
available to all on a nondiscriminatory basis. lf the procedures that the RECIPIENT intends to
use to make known the availability of the facilities and Services are unlikely to reach persons of
any particular race, color, religion, sex, age, national origin, familial status, or disability who may
qualify for such facilities and Services, the RECIPIENT must establish additional procedures
that will ensure that such persons are made aware of the facilities and Services. The
RECIPIENT must also adopt procedures which will make available to interested persons
information concerning the location of Services and facilities that are accessible to persons with
dísabilities.
(iii) The RECIPIENT shall be responsible for complying with the policies,
guidelines, and requirements of 24 CFR Part 85 (codified pursuant to OMB Circular No. A-102)
and OMB Circular No. A-87, as they relate to the acceptance and use of ESG funding by CITY,
and Nos. A-1 10 and A-122 as they relate to the acceptance and use of emergency shelter grant
amounts by private nonprofit organizations.
(d) The RECIPIENT will be responsible for all aspects project contract award and
management including the advertising for bids and shall award the contract to the lowest
responsible and responsible bidder. The RECIPIENT shall verify with the Labor Relations and
Equal Opportunity Division of the HUD Area Office that the low bidder has not been debarred or
suspended from participating in federal projects.
(e) RECIPIENT warrants, covenants and agrees that it shall perform the Services in
a manner that does not engage in inherently religious activities and that does not engage in any
prohibited activities described in 24 CFR 576.23. Without limitation, RECIPIENT shall not
unlawfully discriminate on the basis of religion and shall not provide religious instruction or
counseling, conduct religious services or worship, engage in religious proselytizing, or exeÉ
other religious influence in pursuit hereof. Subject to the foregoing, RECIPIENT does not intend
to utilize ESG funding to construct, rehabilitate or convert facilities owned primarily by religious
organizations or to assist primarily religious organizations in acquiring or leasing facilities to the
extent prohibited in 24 CFR 576.23.
(f) RECIPIENT shall perform the Services in compliance with, and not to cause or
permit the Services to be in violation of, any existing or future environmental law, rule,
regulation, ordinance, or statute. RECIPIENT agrees that, if CITY has reasonable grounds to
suspect any such violation, RECIPIENT shall be entitled to thirty (30) days' notice and
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 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 Parl 24, which contains the government-wide
regulations implementing the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
18. FurtherAssurances.
(a) This Agreement, when executed and delivered, shall constitute the legal,
valid, and binding obligations of RECIPIENT enforceable against RECIPIENT in accordance
with its respective terms, except as such enforceability may be limited by (a) bankruptcy,
insolvency, fraudulent conveyance, reorganization, moratorium, or other similar laws of general
applicability affecting the enforcement of creditors' rights generally and (b) the application of
general principles of equity without the joiner of any other party.
(b) RECIPIENT represents and warrants as of the date hereof that
RECIPIENT has obtained and, to the best of RECIPIENT's knowledge, is in compliance with all
federal, state, and local governmental reviews, consents, authorizations, approvals, and
licenses presently required by law to be obtained by RECIPIENT for the Services as of the date
hereof.
(c) ln the performance of this Agreement, RECIPIENT shall promptly and
faithfully comply with, conform to and obey the ACT and all amendments thereto, and shall
maintain all facilities hereunder in compliance with building, health and safety codes.
(d) RECIPIENT shall be solely responsible and liable for any recapture or
repayment obligation imposed by HUD due to anf act or omission of RECIPIENT in pursuit
hereof.
(e) RECIPIENT acknowledges that RECIPIENT, not the CITY, is responsible
for determining applicability of and compliance with the ACT and all other applicable local, state,
and federal laws including, but not limited to, any applicable provisions of the California Labor
Code, Public Contract Code, and Government Code. The CITY makes no express or implied
representation as to the applicability or inapplicability of any such laws to this Agreement or to
the Parties' respective rights or obligations hereunder including, but not limited to, competitive
bidding, prevailing wage subcontractor listing, or similar or different matters. RECIPIENT fudher
acknowledges that the CITY shall not be liable or responsible at law or in equity for any failure
by RECIPIENT to comply with any such laws, regardless of whether the City knew or should
have known of the need for such compliance, or whether the CITY failed to notify RECIPIENT of
the need for such compliance.
(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 physical or mental disability.
During the performance of this Agreement, RECIPIENT agrees as follows:
(i) RECIPIENT will comply with all laws and regulations, as applicable. No
person in the United States shall, on the grounds of race, color, creed, religion, sex,
sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a
disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability be excluded from parlicipation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
(ii) RECIPIENT will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, sex, sexual preference, national
origin, ancestry, ethnicity, age, marital status, and status as a disabled veteran or
veteran of the Vietnam era, medical condition, or physical or mental disability.
RECIPIENT shall take affirmative action to ensure that applicants are employed, and the
employees are treated during employment, without regard to their race, color, creed,
religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status,
status as a disabled veteran or veteran of the Vietnam era, medical condition, or
physical or mental disability. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. RECIPIENT agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provision of this nondiscrimination clause.
(i¡i) RECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf of RECIPIENT, state that all qualified applicants will receive
consideration for employment without regard to race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental disability.
(iv) RECIPIENT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a
notice advising such labor union or workers' representatives of RECIPIENT's
commitment under this Section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
ARTICLE 3
GENERAL PROVISIONS
19. Amendment. This Agreement shall not be modified except by written
amendment approved by the City Council and signed by the parties. Where it is determined by
the Administrator that there is a need to make any change in the Program, services to be
performed, fiscal procedures and system, or the terms and conditions of this Agreement
(including, without limitation, any changes necessary to comply with changes in federal, state, or
local laws or regulations), refusal by RECIPIENT to accept the change is grounds for
termination of this Agreement. Notwithstanding the foregoing, approval of the City Council is
not required for (i) insubstantial adjustments in line items within the total approved budget, not
affecting the total approved budget amount, approved by the Administrator in hisiher sole
discretion; (ii) insubstantial changes in the nature or scope of services specified in this
Agreement approved by the Administrator in his/her sole discretion; and (iii) changes to the
insurance requirements specified in Exhibit G approved by CITY's Risk Manager in his or her
sole discretion.
20. Public lnformation. RECIPIENT shall disclose all of its funding sources to CITY
which, thereafter, will be public information.
21. Copvriqhts/Patents.
(a) lf this Agreement results in a book or other copyrightable material, the
author may seek any available copyright protection for the work unless a work for hire. CITY
reserves a royalty-free, nonexclusive, irrevocable and assignable license to reproduce, publish,
or otheruvise use, and to authorize others to use, all copyrighted material and all material which
can be copyrighted.
(b) Any discovery or invention arising out of or developed in the course of
work aided by this Agreement, shall promptly and fully be reported to CITY for determination by
CITY as to whether patent protection on such invention or discovery, including rights thereto
under any patent issued thereon (reserved henceforth onto CITY), shall be imposed and
administered, in order to protect the public interest.
22. Political Activitv Prohibited. None of the funds, materials, property or services
provided directly or indirectly under this Agreement shall be used for any political activity, or to
further the election or defeat of any ballot measure or candidate for public office.
23. Lobbvinq Prohibited. None of the funds provided under this Agreement shall be
used for publicity, lobbying or propaganda purposes designed to support or defeat legislation
pending before any legislative body.
24. Third Partv Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in the preamble of
this Agreement. lt is not intended that any rights or interests in this Agreement benefit or flow to
the interest of any third parties.
25. Nondiscrimination. To the extent required by controlling federal, state and local
law, RECIPIENT shall not employ discriminatory practices in the provision of services,
employment of personnel, or in any other respect on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam
era. Subject to the foregoing and during the performance of this Agreement, RECIPIENT
agrees as follows:
(a) RECIPIENT will comply with all applicable laws and regulations providing
that no person shall, on the grounds of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded
from participation in, be denied the benefits of, or be subject to discrimination under any
program or activity made possible by or resulting from this Agreement.
(b) RECIPIENT will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status
as a disabled veteran or veteran of the Vietnam era. RECIPIENT shall ensure that applicants
are employed, and the employees are treated during employment, without regard to their race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
veteran of the Vietnam era. Such requirement shall apply to RECIPIENT'S employment
practices including, but not be limited to, the following. employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. RECIPIENT agrees to
post in conspicuous places, available to employees and applicants for employment, notices
setting forth the provision of this nondiscrimination clause.
(c) RECIPIENT will, in all solicitations or advertisements for employees placed by or
on behalf of RECIPIENT in pursuit hereof, state that all qualified applicants will receive
consideration for employment without regard to race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) RECIPIENT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice
advising such labor union or workers' representatives of RECIPIENT'S commitment under this
section and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
26. lndependent Contractor.
(a) ln the furnishing of the services provided for herein, RECIPIENT is acting
as an independent contractor. Neither RECIPIENT, nor any of its officers, agents or employees
shall be deemed an officer, agent, employee, joint venturer, partner or associate of CITY for any
purpose. CITY shall have no right to control or supervise or direct the manner or method by
which RECIPIENT shall perform its work and functions. However, CITY shall retain the right to
administer this Agreement so as to verify that RECIPIENT is performing its obligations in
accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY absent CITY'S
express written consent. Except to the extent 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 its
officers, agents and employees shall have absolutely no right to employment rights and benefits
available to CITY employees. RECIPIENT shall be solely liable and responsible for providing
to, or on behalf of, its employees all legally required employee benefits. ln addition, RECIPIENT
shall be solely responsible and save CITY harmless from all matters relating to payment of
RECIPIENT'S employees, including, without limitation, compliance with Social Security
withholding, and all other regulations governing such matters. lt is acknowledged that during
the term of this Agreement, RECIPIENT may be providing services to others unrelated to CITY
or to this Agreement.
27. Notices. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by
United States registered or certified mail, with postage prepaid, return receipt requested,
addressed to the party to which notice is to be given at the party's address set forth on the
signature page of this Agreement or at such other address as the parties may from time to time
designate by written notice. Notices served by United States mail in the manner above
described shall be deemed sufficiently served or given at the time of the mailing thereof.
28. Bindinq. Once this Agreement is signed by all parties, it shall be binding upon,
and shall inure to the benefit of, all Parties, and each Parties' respective heirs, successors,
assigns, transferees, agents, servants, employees and representatives.
29. Assiqnment.
(a) This Agreement is personal to RECIPIENT and there shall be no assignment by
RECIPIENT of its rights or obligations under this Agreement without the prior written approval
of the Administrator. Any attempted assignment by RECIPIENT, its successors or assigns,
shall be null and void unless approved in writing by the Administrator.
(b) RECIPIENT hereby agrees not to assign the payment of any monies due
RECIPIENT from CITY under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). CITY retains the right to pay any and all monies due RECIPIENT
directly to RECIPIENT.
30. Compliance with Law. ln providing the services required under this Agreement,
RECIPIENT shall at all times comply with all applicable laws of the United States, the State of
California and CITY, and with all applicable regulations promulgated by federal, state, regional
or local administrative and regulatory agencies, now in force and as they may be enacted,
issued, or amended during the life of this Agreement.
31. Waiver. The waiver by either Party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement. No provisions of this Agreement may
be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision herein.
32. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for
purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
33. Headinqs. The Section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
34. Severabilitv. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
35. lnterpretation. The Parties acknowledge that this Agreement in its final form is
the result of the combined efforts of the parlies and that, should any provision of this Agreement
be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against any Party, but rather by construing the terms in accordance
with their generally accepted meaning.
36. Attornev's Fees. lf either Party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement, the prevailing
party in such proceeding or action shall be entitled to recover from the other Party its
reasonable attorney's fees and legal expenses.
37. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
38. Precedence of Documents. The order of precedence of documents shall be: (1)
Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2)
Permits from other agencies as may be required by law; (3) Supplemental Agreements or this
Agreement the one dated later having precedence over another dated earlier; (4) ESG Policies
and Procedures (5) General Conditions.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by application
of the order of precedence.
ln the event of any conflict between the body of this Agreement and any Exhibit or Attachment
hereto, the terms and conditions of the body of this Agreement shall control and take
precedence over the terms and conditions expressed within the Exhibit or Attachment.
Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which
purport to modify the allocation of risk between the Parties, provided for within the body of this
Agreement, are null and void.
39. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
40. Extent of Aqreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire and
integrated agreement between the parties with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or oral.
ut
Ht
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
WestCare California, a California Corporation
By:
Shawn Jenkins
Senior Vice
(Attach Notary Certificate of Acknowledgement)
Date:
ritte: Qn\o.L
(Attach Notary Ce ificate of Acknowledgement)
Date: \¿ -â-1 -ltt
RECIPIENT:
WestCare California
Attention. Shawn Jenkins, Senior Vice President
1505 N Chestnut
Fresno, CA 93703
Phone: (559) 251-4800
FAX: (559) 537-7827
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
APPROVED AS TO FORM:
DOUG SLOAN
City
By:
M. Collet
Deputy City Attorney
Date:
Addresses:
CITY:
City of Fresno
Attention: Bruce Rudd, City Manager
2600 Fresno Street Room 3076
Fresno, CA 93721
Phone: (559) 621-8300
FAX: (559) 488-1078
Attachments:1. Exhibit A - Scope of Services2. Exhibit B - Budget Summary
Exhibit C - Homeless Services Report5. Exhibit D - lnsurance Requirements4. Exhibit E - Conflict of lnterest Disclosure Form
AGKNOWLEDGMENT
State of Galifornia
County of FRESNO
on \o'âl-lq before me, M. PISTALU NOTARY PUBLIC
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. ^!
WITNESS my hand and officialseal.
Signature (Seal)
(insert name and title of the officer)
M PISTALU
coMM # 1952356
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EXHIBIT A
SCOPE OF SERVICES
EMERGENCY SOLUTIONS GRANT
The ESG goal of WestCare California, lnc. (WC-CA) is to provide critical and quality services to
assist individuals and individuals with families (with veterans and veterans with families as
priority the population) to quickly regain stability in permanent housing after experiencing a
housing crisis or homelessness. As part of a comprehensive continuum of services for
individuals, guided by lndividu alized Service Plans, a WC-CA Case Manager will provide
Homeless Prevention and Rapid Re-Housing services to at least sixety (60) individuals
(including veterans)/or families who are homeless or at-risk of becoming homeless.
Overview of proposed programs, activities, and/or services to be provided:
WC-CA is aware of the identified target set asides that the County and the City have for the
activities to be funded. Based on the need and its capacity to provide the most impactful and
economic services, WC-CA is proposing to provide the following ESG services as part of an
individualized and comprehensive approach that is rooted in the Housing First policy:
o Rapid Re-Housing: This service is available for those that are considered "literally
homeless" and includes housing relocation and stabilization and tenant-based rental
assisfance.
o Homelessness Prevention: This service is available for those that are at-risk of
becoming homeless and includes housing relocation and stabilization services and
te n ant-b a se d re ntal assisfance.
o WRAPAROUND services and supporTs to promote housing stability and self-
sufficiency.
Proposed programs, activities and services to be provided:
As indicated in 8.2.1. WC-CA is proposing to provide Rapid Re-Housing and Homelessness
Prevention services as part of a client-centered, holistic approach to providing services to
lndividuals and their families (in alignment with the Housing First policy model) that includes:
. lntake and Assessment:
Every lndividualwill receive a comprehensive intake/individualized assessment by a
qualified WC-CA Case Manager. During the intake/assessment phase the Case
Manager will also determine the needs of the veteran's family members in applicable.
Those individuals and their families who may not be eligible for ESG services will be
linked to other appropriate community programs.
. Service Planning:
Working in a therapeutic alliance with the WC-CA Case Manager the client (and family if
applicable) will develop an lndividualized Service Plan based on information learned
during the intake/assessment phase.
. Comprehensive Wrap Around Case Management Services:
The WC-CA Case Manager will provide individuals and their families with case
management to ensure they transition to independence. This will include arrangement,
coordination, monitoring, and delivery of services related to meeting the housing needs
of clients and helping them obtain housing stability. The Case Manager (see job
description included in the appendix) will meet with each client at least once weekly to
provide support and assistance towards achieving each lndividualized Service Plan. See
the "Case Management and lntake Plan" for more detailed information.
ESG Services:
o Rapid Re-Housing: WC-CA will make this service available for individuals or
individuals with families that are considered "literally homeless" and includes
housing relocation and stabilization services (rental application fees, security
deposits, utility deposits or payments, last month's rent, housing search and
placement activities, and housing stability case management) and tenant-,based
rentalassisfance (short, up to 3 months, and medium, up to 4 months, term
rental assistance , 4 to 12 months). The total period for which any program
participant may receive services must not exceed 12 months during any three
year period.
o Homelessness Preventlon: WC-CA will make this service available for
individuals or individuals with families that are considered at-risk of becoming
homeless and includes housing relocation and stabilization services (rental
application fees, security deposits, utility deposits or payments, last month's
rent, housing search and placement activities, and housing stability case
management) and tenant-based rentalassrsfance (short, up to 3 months, and
medium, up to 4 months, term rental assistance,4to 12 months). The total
period for which any program participant may receive services must not exceed
12 months during any three year period.
Access to Supportive Services:
All WC-CA clients have access to an array of supportive services offered by WC-CA
including:
o temporary housing/sheltero individual and group counseling sessionso community-based 12-stepmeetingso linkages and referrals to community-based serviceso linkages to healthcare serviceso linkages to substance abuse serviceso linkages to mental health serviceso employment skills buildingo life skills building groups
o recreationalactivitieso family strengthening classeso credit repair assistanceo financial literacy training
Aftercare/Fol low-U p Services :
Case Management begins on day one and continues through aftercare/follow-up
services provided by the WC-CA Case Manager to ensure gains and strengths are
maintain, employment is maintained and housing stability is sustained for the long-term.
PERFORMANCE INDICATORS
WC-CA is an experienced vendor with the City of Fresno and County of Fresno. The
organization is also seasoned in contract management and program implementation where
HUD and ESG funds are utilized.
According to the NationalAlliance to End Homeless.
Housing First is an approach that centers on providing homeless people with housing
quickly and then providing services as needed. What differentiates a Housing First
approach from other strategies is that there is an immediate and primary focus on
helping individuals and families quickly access and sustain permanent housing. This
approach has the benefit of being consistent with what most people experiencing
homelessness want and seek help to achieve. A Housing First approach rests on
the belief that helping people access and sustain permanent, affordable housing
should be the central goal of our work with people experiencing homelessness. By
providing housing assistance, case management and supportive services responsive
to individual or family needs (time-limited or long{erm) after an individual or family is
housed, communities can significantly reduce the time people experience
homelessness and prevent further episodes of homelessness. A central tenet of the
Housing First approach is that social services to enhance individual and family well-
being can be more effective when people are in their own home. Housing First is an
approach used for both homeless families and individuals and for people who are
chronically homeless. Program models vary depending on the client population,
availability of affordable rental housing and/or housing subsidies and services that
can be provided. Housing First programs often reflect the needs and preferences of
each community, further contributing to the diversity of models.
WC-CA will meet the identified Performance Standards as follows:
WC-CA understands the Housing First policy as stated above. WC-CA has also read,
understands and will comply with all parts of The Homeless Emergency Assistance and
Rapid Transition to Housing (HEARTH) Act of 2009.
WC-CA will continue to provide comprehensive data for HMIS.
WC-CA will attend ESG partner meetings as called by the County and/or City;
WC-CA will continue to be a "Member ln Good Standing" in the Fresno Madera
Continuum of Care and have an attendance rate of at least 50% (WC-CA has an
attendance rate of 90%);
WC-CA will utilize a single intake application as agreed upon by County and/or City of
Fresno and sub-grantee(s);
o WC-CA will take (and welcomes) referrals from 2-1-1 and other homeless services
providers including City, County, State or Federal agencies, and partners including
County and/or City of Fresno administrative staff;
o WC-CA will continue to provide regular, on-going outreach to those facing
homelessness in our community, SJW and WestCare staff will serve on the FMCoC
Outreach committee;
o WC-CA provide assessments leading to wrap-around case management services that
promote self-independence and self-sufficiency, including direct linkages to
mainstream service providers as needed (which could lead to and include graduation
from services and/ or permanent housing);
o WC-CA will comply with 100% of City/County of Fresno ESG Policy and Procedures
(local rules);
o As indicated in its timeline, WC-CA will achieve the following annual performance
goals:
o Expenditure of 20% of Contracted Amount / Achievement of 20o/o Program Goal
by end of the 1't quarter;
o Expenditure of 50% of Contracted Amount / Achievement of 50% Program Goal
by end of the 2nd quarter;
o Expenditure of 80% of Contracted Amount / Achievement of 80% Program Goal
by end of the 3rd quarter; and
o Expenditure of 100% of Contracted Amount / Achievement of 1Q0o/o Program
Goal by end of the 4th quarter.
EXHIBIT B
BUDGET SUMMARY
WestGare California
952-5087 Citv ESG
Award: $150,000.00 Rapid Homeless Total
Re-Housinq Prevention Costs
Housinq Relocation & Stabilization Services
Prooram Director 9%/salarv $52,000 vr $3,929.25 $1,309.75 $5,239.00
Case Manaqer 100%lsalarv $33,000 yr $26,812.50 $8,937.50 $35,750.00
Staff Benefits 24.70% of Total FTE $7,593.75 $2,531.25 $10,125.00
Facilitv Lease/Rent $153/month 1,491.75 $497.25 1,989.00
Utilities $80/month 780.00 $260.00 1,040.00
Communications $75lmonth 731.25 $243.75 975.00
Cooier Lease/Maintenance $65/month 633.75 $211.25 845.00
Office Suoplies $60/month 585.00 $195.00 780.00
Staff Travel $103/month 1.004.25 $334.75 1,339.00
Rental Aoolication Fees $100/client 1,275.00 $425.00 1,700.00
Securitv Deposits $800/client 12,000.00 $4,000.00 16.000.00
Utilitv Deoosits/Pavments $200/client 2,550.00 $850.00 3,400.00
Last Month's Rent $800/client 4,200.00 $1,400.00 5,600.00
Housinq Search & Placement $38/client 342.00 76.00 418.00
Total Housinq Relocation & Stabilization Services $63,928.50 $21.271.50 $85,200
Tenant-Based Rental Assistance
Short{erm Rental Assistance
$600/monthx3monthsx
25 clients 34,500.00 $11,500.00 $46,000.00
Medium-term Rental Assistance
$600/month x 6 months
averaqe x 5 clients 14,800.00 3,200.00 18,000.00
Term RentalAssistance $800/month x 1 client 800.00 800.00
Total Tenant-Based Rental Assistance $50,100 $14.700 $64.800
TOTAL PROGRAM COSTS s114.028 $35-972 $1s0.000
MATCH (dollar for dollar)
WestCare lndirect $31,078 $5,972 $37,0s0
SSVF Financial Assistance $82,950 $30,000 112,950
TOTAL MATCH s114.028 s35-972 $150,000.00
City ofE-DECll,l--'-=FRE=tE_?¿rS
EXHIBIT C
EMERGENCY SHELTER GRANT
HOMELESS SERVICES QUARTERLY REPORT
Name of Organization:
Address:
Period Covered by Report:
Description of Services:
Meals Shelter
City:State:Zip Code: I Term of ContracUAgreement:
Phone Number:
Residential Services:
Average number served daily:
Enter Approx¡mate Percentages (round to the nearest whole number e.!.48.2o/o=48o/o ot 23.70/o=241
Programs and Service(s):
Emergency Shelter Facilities
Vouchers for Shelters
Drop-in Center/Food Pantry
Mental Health
Alcohol/Drug Program
Child Care
Other
Unaccompanied 18 and over
Unaccompanied under 18
Families with Children Headed by:
Single 18 and over
Youth 18 and under
Two parents 18 and over
Two parents under 18
Families with no children
Group/Large House
Scattered Site Apartment
Single Family Detached House
Transitional Housing
Outreach
Soup Kitchen/Meal Distribution
Health Care
HIV/AIDS Services
Employment
Homeless Prevention
%Females
% Females
% Female
% Female
% Female
% Female
% Female
% Drug Dependent lndividuals
% Elderly
% Veterans
% Physically Disabled
% Other
Single Room Occupancy
Mobile HomeÆrailer
Hotel/Motel
Other
% Males
% Males
% Male
% Male
% Male
% Male
% Male
On an average day the percentage of the population served who are:
% Battered Spouse
% RunawayiThrow Away Youth
% Chronically Mentally ILL
% Developmentally Disabled
% HIViAIDS
% Alcohol Dependent lndividuals
Shelter Type: Number of persons housed
Barracks
Aoe Levels
)-5
;-12
13-17
I 8-34
l5-54
t5-59
i0-64
i5+
Jnknown
lotal
Organization:Reporting Period:
Gender
Vlale
:emale
fotal
y'eterans
)ersons w/ Disabilities
luarter:
fotal Meals
fotal Shelter Niqhts
fear to Date:
Iotal Meals
fotal Shelter Niqhts
Race
Total Persons Hisoanic Persons
¡Vh te
llack/African American
Asian
\mer. lndian/Alaska Native
\ative Hawaiian/Other Pacific lslander
\mer. lndian/Alaska Nat. & White
\sian & White
Black/African Amer. & White
Amer. lndian/Alaska Nat. & Black African American
rOTAL
Matching Funds Report (ESG requires a 1:1 match). The following are the sources of the agency's match:
Source(s): Amount
Total $
Signature of the Authorized Agent or Offìcer:Date:
1
2
3
4
5
6
7
I
Print/Type Name:Job Title:
EXHIBIT D
INSURANCE REQUIREMENTS
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. The most current version of lnsurance Services Office (lSO) Commercial General
Liability Coverage Form CG 00 01, which shall include insurance for "bodily
injury," "property damage" and "personal and advertising injury" with coverage for
premises and operations, products and completed operations, and contractual
liability.
2. The most current version of lnsurance Service Office (lSO) Business Auto
Coverage Form CA 00 01, which shall include coverage for all owned, hired, and
non-owned automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers' Compensation insurance as required by the California Labor Code and
Employer's Liability lnsurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
RECIPIENT'S profession. Architect's and engineer's coverage is to be endorsed
to include contractual liability.
Minimum Limits of lnsurance
RECIPIENT shall maintain limits of liability of not less than:
1. General Liability:
$1,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$2,000,000 aggregate for products and completed operations
$2,000,000 general aggregate applying separately to the work performed under
the Agreement
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage
3. Employer's Liability:
$1,000,000 each accident for bodily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
4. Professional Liability (Errors and Omissions):
$1,000,000 per claim/occurrence
$2,000,000 policy aggregate
Umbrella or Excess lnsurance
ln the event RECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and afford no less
coverage than the primary insurance policy(ies).
Deductibles and Self-lnsured Retentions
RECIPIENT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required hereunder and RECIPIENT shall also be responsible for payment of any
self-insured retentions. Any deductibles or self-insured retentions must be declared to, and
approved by, the CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk
Manager or hisiher designee, either (i) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or (ii) RECIPIENT shall provide a financial guarantee, satisfactory to CITY'S Risk
Manager or his/her designee, guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions. e{{: ',.-
Other lnsurance Provisions
are to contain, or be endorsed
to contain, the following provisions.
1. CITY, its officers, officials, employees, agents and volunteers are to be covered
as additional insureds.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers.
3. RECIPIENT'S insurance coverage shall be primary and no contribution shall be
required of CITY.
The Workers' Compensation insurance policv is to contain, or be endorsed to contain, the
following provision: RECIPIENT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents and volunteers.
is written on a claims-made
form:
1. The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by RECIPIENT.
2. lnsurance must be maintained and evidence of insurance must be provided for at
least 5 years after any expiration or termination of the Agreement or, in the
alternative, the policy shall be endorsed to provide not less than a 5-year
discovery period.
3. lf coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of the
Agreement or the commencement of work by RECIPIENT, RECIPIENT must
purchase extended reporting coverage for a minimum of 5 years following the
expiration or termination of the Agreement.
4. A copy of the claims reporting requirements must be submitted to CITY for
revtew.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required hereunder shall be endorsed to provide that the coverage shall
not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day
written notice by certified mail, return receipt requested, has been given to CITY. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in
coverage or in limits, RECIPIENT shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). ln the event any policy is due to expire during the work to be
performed for CITY, RECIPIENT shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of
the expiring policy.
Acceptability of lnsurers
All policies of insurance required hereunder shall be placed with an insurance company(ies)
admitted by the California lnsurance Commissioner to do business in the State of California and
rated not less than "A-Vll" in Best's lnsurance Rating Guide; or authorized by CITY'S Risk
Manager.
Verification of Coverage
RECIPIENT shallfurnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be received
and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the
Agreement and before work commences.
EXHIBIT E
DISGLOSURE OF CONFLICT OF INTEREST
YES"NO
I Are you currently in litigation with the City of Fresno or any of its
agents?
n t
2 Do you represent any firm, organization or person who is in
litigation with the Gity of Fresno?
tr ú
3 Do you cunently represent or perform work for any clients who do
business with the City of Fresno?
I ú
4 Are you or any of your principals, managers or professíonals,
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 d
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any Gity of Fresno employee who
has any significant role in the subject matter of this service?n {
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?u {
* lf the answer to any question is yes, please explain in full below.
Explanation:
WestGare Califomia
1505 N Chestnut
Fresno CA 93703
n Additional page(s) attached,
Date
PRC 1.0/'10-07-04