HomeMy WebLinkAboutWestCare California, Inc. - Emergency Solutions Grant exp 8/15/2015 - Amendment No. 2015-003 amending the Annual Action Plan to award 2012-2013 Emergency Solutions Grant Program funding to the Marjaree Mason Center-6ç
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AGREEMENT
Emergency Solutions Grant
THls AGREEMENT is made and entered into the 2ol 'nday of jønun¡ 2o1s
by and between the CITY OF FRESNO, a California municipâl corporation ("ClT/), and
WestCare California, lnc., a California 501c3 not-for-profit 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 Emergency
Solutions Grant in the City of Fresno in accordance with the provisions of 24 CFR Part
576 et seq. and California law.
The purpose of the ESG grant is to provide assistance to the homeless and
those at risk of becoming homeless to quickly regain stability in permanent housing after
experiencing a housing crisis and/or homelessness within the city.
Then CITY issued a Request for Proposal Number 11142014 ('RFP') to solicit
cost proposals with specific plans to provide eligible ESG services ("Scope of Work").
ln response to the RFP, RECIPIENT submitted a Proposal which included a
scope of work and cost proposal ("Budget") as described in Exhibits A and B
respectively and represents it is capable and qualified to meet all the requirements of the
RFP and this Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions and premises hereinafter combined to be kept and performed by the
respective Parties, it is mutually agreed as follows:
ARTICLE 1
DEFINITIONS. Wherever used in this Agreement or any of the contract
documents, the following words shall have the meaning herein given, unless the context
requires a different meaning.
.ACT' - 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant
and Consolidated Plan Conforming Amendments lnterim Rule , published in the Federal
Register on December 5,2011 (76 Fed. Reg. 75954)
"Administrator" and "Contract Administrator" shall mean the Manager of the
Housing and Community Development Division of the Development and Resource
Management Department of City or his or her designee.
"Bid Proposal" and "Proposal" shall mean RECIPIENT's response to the RFp
including but not limited to the Budget, Scope of Work, certifications and all attachments
and addenda.
"Budget" shall mean RECIPIENT's Cost Proposal submitted with the Bid
Proposal.
PRC 1.0/10-07-04 ORIGINAL PAGE 1
"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 otherwise provided for in the ACT, program income shall include any
and all gross income earned by or accruing to RECIPIENT in its pursuit hereof provided
that the term program income does not include rebates, credits, discounts or refunds
realized by RECIPIENT in its pursuit hereof.
"RFP" shall mean the Request for Proposal Number 11142014 for the City of
Fresno Emergency Solutions Grant dated November 14, 2014 including without
limitation the general requirements, bidding requirements, all its attachments,
appendices and addenda.
"Scope of Services or Services" shall mean those services submitted with
RECIPIENT's bid proposal to be offered in fulfillment of the Program and included in
Exhibit A.
1. Contract Administration. This Agreement including all the Contract
Documents shall be administered according to the order of precedence set forth herein
for CITY by Administrator who shall be RECIPIENT'S point of contact and to whom
RECIPIENT shall report.
2. Scope of Services. RECIPIENT shall provide the Program in
conformance with the Contract Documents and perform to the satisfaction of CITY those
services set forth in Exhibit A and services necessarily related or incidental thereto even
though not expressly set forth therein.
3. Effective Date and Term of Asreement. lt is the intent of the Parties that
this Agreement be effective as of the date first set forth above as to all terms and
conditions of the Agreement. Services of RECIPIENT shall commence as of February
15, 2015 and shall end August 15, 2015, which shall be the term of this Agreement,
unless terminated earlier as provided herein.
4. Compensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed Three Hundred and Eighty Five Thousand, Nine
PRc I o/lo-07-04
PAGE2
Hundred and Sixty Two Dollars and Zero Cents ($385,962.00) 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 termination of the Agreement shall be, and remain in trust, the
property of CITY and shall be remitted to CITY within 10 days of expiration or earlier
termination of this Agreement. Any interest thereon must be credited to or returned toCITY. Upon any dissolution of RECIPIENT, all funds advanced pursuant to this
Agreement and not expended shall be returned to CITY.
(d) CITY will not be obligated to make any payments under this
Agreement if the request for payment is received by the CITY more than 60 days after
the date of termination of this Agreement or the date of expiration of this Agreement,
whichever occurs first.
(e) RECIPIENT understands and agrees that the availability of ESG
Funding hereunder is subject to the control of HUD and should the ESG Funding be
encumbered, withdrawn, or 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 g below.
(Ð RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 (a) of this Agreement.
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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 othen¡uise provided by applicable law or contract, matching
funds shall be applied in furtherance of the Scope of Work hereunder. To qualifv
matchinq 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, 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 Program 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.
B. Events of Default. When in the opinion of CITY, there is an occurrence of
any one or more of the following provisions it will represent an Event of Default for
purposes of this Agreement.
(a) An illegal or improper use of funds.
(b) A failure to comply with any term, covenant or condition of this
Agreement.
(c) Report(s) are submitted to CITY which are incorrect or incomplete
in any material respect.
PRC 1 0/10-07-04
(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
(0 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.
Ú) A receiver, trustee, or liquidator being appointed for RECIPIENT
or any substantial part of RECIPIENT's assets or properlies, and not removed within ten
('10) days.
(k) RECIPIENT's breach of any other material condition, covenant,
warranty, promise or representation contained in this Agreement not otherwise identified
within this Section.
9. Termination and Remedies.
Upon the occurrence of an Event of Default, CITY shall give written notice
RECIPIENT of the Event of Default by specifying (1) the nature of the event or deficiency
giving rise to the default, (2) the action required to cure the deficiency, if, in the sole
discretion of CITY, any action to cure is possible, and (3) if the Event of Default is
curable, a date, which shall not be less than thirty (30) calendar days from the date of
the notice, by which such deficiency must be cured, provided, however that if such
failure cannot be remedied in such time, RECIPIENT shall have an additional thirty (30)
days to remedy such failure so long as RECIPIENT is diligently and in good faith
pursuing such remedy.
(a) This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT
and a failure to cure said Event of Default within the time specified in the notice of Event
of Default; (ii) 7 calendar days prior written notice without cause by CITY to RECIPIENT;
(iii) CITY'S non-appropriation of funds sufficient to meet its obligations hereunder during
any CITY fiscal year of this Agreement, or insufficient funding for the services provided
by RECIPIENT; or (iv) expiration of this Agreement.
(b) lmmediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately stop allwork hereunder; (ii) immediately cause any and
PRc 1 0/10-07-04
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all of its subcontractors to cease work; and (iii) return to CITY any and all unearned
payments and all properties and materials in the possession of RECIPIENT that are
owned by CITY. Subject to the terms of this Agreement, RECIPIENT shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. RECIPIENT shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) Upon any breach of this Agreement by RECIPIENT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be
available to it under applicable laws of the State of California or any other applicable law;
(ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii)
recover all direct, indirect, consequential, economic and incidental damages for the
breach of the Agreement. lf it is determined that CITY improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(d) ln no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may
then exist on the part of RECIPIENT, nor shall such payment impair or prejudice any
remedy available to CITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of RECIPIENT the
repayment to CITY of any funds disbursed to RECIPIENT under this Agreement which,
in the judgment of CITY, were not expended in accordance with the terms of this
Agreement, and RECIPIENT agrees to promptly refund any such funds within 10 days of
CITY'S written demand.
10. lndemnification.
To the furthest extent allowed by law, RECIPIENT shall indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and volunteers
from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether
in contract, tort or strict liability, including but not limited to personal injury, death at any
time and property damage), and from any and all claims, demands and actions in law or
equity (including reasonable attorney's fees and litigation expenses) that arise out of,
pertain to, or relate to the negligence, recklessness or willful misconduct of RECIPIENT,
its principals, officers, employees, agents or volunteers in the performance of this
Agreement.
lf RECIPIENT should subcontract all or any portion of the services to be
performed under this Agreement, RECIPIENT shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive expiration or termination of this Agreement.
11. lnsurance.
(a) Throughout the life of this Agreement, RECIPIENT shall pay for
and maintain in full force and effect all insurance as required in Exhibit D or as may be
authorized in writing by CITY'S Risk Manager or his or her designee at any time and in
his or her sole discretion.
PRc 1'ol1 0-07-04
PAGE 6
(b) lf at any time during the life of the Agreement or any extension,
RECIPIENT or any of its subcontractors fail to maintain any required insurance in full
force and effect, all services and work under this Agreement shall be discontinued
immediately, and all payments due or that become due to RECIPIENT shall be withheld
until notice is received by CITY that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory
to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY
to terminate this Agreement. No action taken by CITY pursuant to this section shall in
any way relieve RECIPIENT of its responsibilities under this Agreement. The phrase
"fail to maintain any required insurance" shall include, without limitation, notification
received by CITY that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by RECIPIENT shall not be
deemed to release or diminish the liability of RECIPIENT, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify CITY
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by RECIPIENT. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of
RECIPIENT, its principals, officers, agents, employees, persons under the supervision of
RECIPIENT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors,
or anyone employed directly or indirectly by any of them.
(d) Upon request of CITY, RECIPIENT shall immediately furnish CITY
with a complete copy of any insurance policy required under this Agreement, including
all endorsements, with said copy certified by the underwriter 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
PRc 1'0110-07-04
PAGE 7
comply with all applicable requirements of the Office of Management and Budget
Circular A-122, Cost Principles for Non-Profit Organizations; OMB Circular A-133 Audits
of States, Local Governments and Non-Profit Organizations, including the provision of a
single audit (generally applicable where funding from all federal sources in any fiscal
year exceeds $500,000), and to such extent shall submit to the CITY any applicable
auditor's 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.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
(1) RECIPIENT shall send all required reports to the
Administrator not later than the fifteenth of the month following the last day of the
latest month for which the report is due.
(2) Except as otherwise authorized by CITY, RECIPIENT shall
retain such records for a period of five (5) years after receipt of the final payment
under this Agreement or the earlier termination of this Agreement, whichever
occurs later.
RECIPIENT is to prepare written financial statements, and completed
Homeless Services Report, each in the form attached hereto as Exhibit C
incorporated herein, each covering matters pertaining to the Scope of Services
contained in Exhibit A, to be submitted to CITY no later than the thirtieth (30th)
of the month following the end of each quarter hereunder for the duration hereof,
absent City's prior written consent in cases of unusual circumstances as
determined in the sole discretion of the CITY.
(b) All costs shall be supported by properly executed payrolls, time
records, invoices, contracts, vouchers, orders, or any other accounting documents
pertaining in whole or in part to this Agreement and they shall be clearly identified and
readily accessible to CITY.
(c) During the life of this Agreement and for a period of five (5) years
after receipt of the final payment under this Agreement or the earlier termination of this
Agreement, whichever occurs later, RECIPIENT shall, at any time during normal
business hours and as often as CITY and/or HUD or the authorized representative of
either CITY or HUD may deem necessary, make available to them or any one of them,
within the City of Fresno, such statements, records, reports, data and information as
they may request pertaining to matters covered by this Agreement and permit them or
any one of them to audit and inspect all records, invoices, materials, payrolls, records of
personnel, conditions of employment, and other data relating to all matters covered by
this Agreement. RECIPIENT shall also permit and cooperate with on-site monitoring
and personal interviews of participants, RECIPIENT'S staff, and employees by
Administrator and other CITY and/or HUD representatives.
PRC 1 0/'10-07-04
(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 repoft 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:
1) Name
2) Social Security Number
3) Date of Birth
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
8) Disabling Condition
9) Residence Prior to Program Entry
10) Zip Code of Last Permanent Address
11) Housing Status
12) Program Entry Date
13) Program Exit Date
14) PersonalldentificationNumber
15) HouseholdldentificationNumber
16) lncome and Sources
17) Non-Case Benefits
18) Destination (where client will stay upon exit)
19) Financial Services Provide (if any)
20) Housing Relocation & Stabilization Services Provided (if any)
(Ð CITY shall provide full reporting requirements as required by HUD,
under separate documentation for RECIPIENT. lf RECIPIENT is a legal services or
domestic violence victim services RECIPIENT, and requires client-level information to
remain confidential, they will be required to establish a comparable client-level database
internal to its organization (e.9. no identifying data shared with the HMIS or the CITY and
will provide only aggregate data to the CITY as required). RECIPIENT will work with the
HMIS administering agency, as an agent of the FMCoC, to determine that the alternative
database meets the standards for comparable client-level databases, including
compliance with the HMIS Data and Technical Standards which are acceptable to HUD
and the CITY.
PRc 1 0/10-07-04
PAGE 9
(g) All data elements specified above in 13(e) must be recorded for
each ESG Program in the HMIS and the fields needed to correctly generate the
performance reports are required to be collected in the comparable database.
(h) The RECIPIENT is required to provide housing unit and client data
to the City of Fresno, or designee, to include in the Point in Time survey as administered
by the Fresno-Madera Continuum of Care and as required by the HEARTH Act of 2009.
This Section 13 shall survive expiration or termination of this Agreement.
14. Subcontracts. The RECIPIENT shall not enter into subcontracts for any
work contemplated under the Agreement without first obtaining the CITY's written
approval.
(a) An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CITY's
files.
(b) RECIPIENT is responsible to CITY for the proper performance of
any subcontract. No such subcontract shall relieve RECIPIENT of its obligations under
this Agreement.
(c) Any subcontract shall be subject to all the terms and conditions of
this Agreement.
(d) No officer or director of RECIPIENT shall have any direct or
indirect financial interest in any subcontract made by RECIPIENT or in any loan,
purchase of property, or any other arrangement made by RECIPIENT, by whatever
name known.
15. Conflict of lnterest and Non-Solicitation.
(a) Prior to CITY'S execution of this Agreement, RECIPIENT shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit D. During the'term of this Agreement, RECIPIENT shall have the obligation
and duty to immediately notify CITY in writing of any change to the information provided
by RECIPIENT in such statement.
(b) RECIPIENT shall comply, and require its subcontractors to
comply, with all applicable federal, state and local conflict of interest laws and
regulations including, without limitation, California Government Code Section 1090 et
seq., the California Political Reform Act (California Government Code Section 87100 et
seq.) and the regulations of the Fair Political Practices Commission concerning
disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.).
At any time, upon written request of CITY, RECIPIENT shall provide a written opinion of
its legal counsel and that of any subcontractor that, after a due diligent inquiry,
RECIPIENT and the respective subcontractor(s) are in full compliance with all laws and
regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts
PRC 1.0/10-07-04
PAGE 10
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 otherwise, direct or indirect, to solicit or procure
this Agreement or any rights/benefits hereunder.
ARTICLE 2
FEDERAL REQUIREMENTS
16. RECIPIENT warrants, covenants and agrees, for itself and its contractors
and subcontractors of all tiers, that it shall comply with all applicable requirements of the
Lead-Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35
and 24 CFR 982.401(J). ln this regard RECIPIENT shall be responsible for all
inspection, testing and abatement activities.
(a) The requirements, as applicable, of the Lead-Based Paint Poisoning
Prevention Acl (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations at 24 CFR
Part 35. ln addition, the following requirements relating to inspection and abatement of
defective lead-based paint surfaces must be satisfied: (1) Treatment of defective paint
surfaces must be performed before final inspection and approval of the renovation,
rehabilitation or conversion activity under this part; and (2) Appropriate action must be
taken to protect shelter occupants from the hazards associated with lead-based paint
abatement procedures.
(b) The RECIPIENT agrees to comply with all applicable requirements of
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD
implementing regulation 24 CFR Part L
(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 requiremenls al24 CFR Part
5 are modified as follows:
(i) Rehabilitation Act requirements. HUD's regulations at 24 CFR
Part 8 implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as
amended. For purposes of the emergency shelter grants program, the term dwelling
unifs in 24 CFR Part B shall include sleeping accommodations.
(ii) RECIPIENT shall make known that use of the facilities and
Services are available to all on a nondiscriminatory basis. lf the procedures that the
RECIPIENT intends to use to make known the availability of the facilities and Services
PRc 1.0/10-07-04
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are unl¡kely to reach persons of any particular race, color, religion, sex, age, national
origin, familial status, or disability who may qualify for such facilities and Services, the
RECIPIENT must establish additional procedures that will ensure that such persons are
made aware of the facilities and Services. The RECIPIENT must also adopt procedures
which will make available to interested persons information concerning the location of
Services and facilities that are accessible to persons with disabilities.
(iii) The RECIPIENT shall be responsible for complying with the
policies, guidelines, and requirements of 24 CFR Part 85 (codified pursuant to OMB
Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and
use of ESG funding by clrY, 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 timitation,
RECIPIENT shall not unlawfully discriminate on the basis of religion and shall not
provide religious instruction or counseling, conduct religious services or worship, engage
in religious proselytizing, or exert other religious influence in pursuit hereof. Subject to
the foregoing, RECIPIENT does not intend to utilize ESG funding to construct,
rehabilitate or convert facilities owned primarily by religious organizations or to assist
primarily religious organizations in acquiring or leasing facilities to the extent prohibited
in 24 CFR 576.23.
(f) RECIPIENT shall perform the Services in compliance with, and not to
cause or permit the Services to be in violation of, any existing or future environmental
law, rule, regulation, ordinance, or statute. REcIPIENT agrees that, if clry 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.
PRC 1 .0/10-07-04
PAGE 12
(b) A displaced person must be provided relocation assistance at the
levels described in, and in accordance with, 49 CFR Part 24, which contains the
government-wide regulations implementing the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
18. FurtherAssurances.
(a) This Agreement, when executed and delivered, shall constitute
the legal, valid, and binding obligations of RECIPIENT enforceable against RECIPIENT
in accordance with its respective terms, except as such enforceability may be limited by
(a) bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, or other
similar laws of general applicability affecting the enforcement of creditors' rights
generally and (b) the application of general principles of equity without the joiner of any
other party.
(b) RECIPIENT represents and warrants as of the date hereof that
RECIPIENT has obtained and, to the best of RECIPIENT's knowledge, is in compliance
with all federal, state, and local governmental reviews, consents, authorizations,
approvals, and licenses presently required by law to be obtained by RECIPIENT for the
Services as of the date hereof.
(c) ln the performance of this Agreement, RECIPIENT shall promptly
and faithfully comply with, conform to and obey the ACT and all amendments thereto,
and shall maintain all facilities hereunder in compliance with building, health and safety
codes.
(d) RECIPIENT shall be solely responsible and liable for any
recapture or repayment obligation imposed by HUD due to any act or omission of
RECIPIENT in pursuit hereof.
(e) RECIPIENT acknowledges that RECIPIENT, not the C|TY, is
responsible for determining applicability of and compliance with the ACT and all other
applicable local, state, and federal laws including, but not limited to, any applicable
provisions of the California Labor Code, Public Contract Code, and Government Code.
The CITY makes no express or implied representation as to the applicability or
inapplicability of any such laws to this Agreement or to the Parties' respective rights or
obligations hereunder including, but not limited to, competitive bidding, prevailing wage
subcontractor listing, or similar or different matters. RECIPIENT further acknowledges
that the CITY shall not be liable or responsible at law or in equity for any failure by
RECIPIENT to comply with any such laws, regardless of whether the City knew or
should have known of the need for such compliance, or whether the CITY failed to notify
RECIPIENT of the need for such compliance.
(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:
PRC 1.0/10-07-04
PAGE 13
(i) RECIPIENT will comply w¡th all laws and regulations, as
applicable. No person in the United States shall, on the grounds of race, color,
creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age,
marital status, status as a disabled veteran or veteran of the Vietnam era,
medical condition, or physical or mental disability be excluded from participation
in, be denied the benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
(ii) RECIPIENT will not discriminate against any employee or
applicant for employment because of race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, and status as
a disabled veteran or veteran of the Vietnam era, medical condition, or physical
or mental disability. RECIPIENT shall take affirmative action to ensure that
applicants are employed, and the employees are treated during employment,
without regard to their race, color, creed, religion, sex, sexual preference,
national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. RECIPIENT agrees to post
in conspicuous places, available to employees and applicants for employment,
notices setting forth the provision of this nondiscrimination clause.
(iii) RECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of RECIPIENT, state that all qualified
applicants will receive consideration for employment without regard to race,
color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity,
age, marital status, status as a disabled veteran or veteran of the Vietnam era,
medical condition, or physical or mental disability.
(iv) RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT's commitment under this Section and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
ARTICLE 3
GENERAL PROVISIONS
19. Amendment. This Agreement shall not be modified except by written
amendment approved by the City Council and signed by the parties. Where it is
determined by the Administrator that there is a need to make any change in the
Program, services to be performed, fiscal procedures and system, or the terms and
conditions of this Agreement (including, without limitation, any changes necessary to
comply with changes in federal, state, or local laws or regulations), refusal by
RECIPIENT to accept the change is grounds for termination of this Agreement.
Notwithstanding the foregoing, approval of the City Council is not required for (i)
insubstantial adjustments in line items within the total approved budget, not affecting the
total approved budget amount, approved by the Administrator in his/her sole discretion;
(ii) insubstantial changes in the nature or scope of services specified in this Agreement
PRc I 0/10-07-04
'AGE
14
approved by the Administrator in his/her sole discretion; and (iii) changes to the
insurance requirements specified in Exhibit C approved by CITY's Risk Manager in his
or her sole discretion.
20. Public lnformation. RECIPIENT shall disclose all of its funding sources to
CITY which, thereafter, will be public information.
21. Copvriqhts/Patents.
(a) lf this Agreement results in a book or other copyrightable material,
the author may seek any available copyright protection for the work unless a work for
hire. CITY reserves a royalty-free, nonexclusive, irrevocable and assignable license to
reproduce, publish, or othenruise 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 this Agreement, shall promptly and fully be reported to CITY for
determination by CITY as to whether patent protection on such invention or discovery,
including rights thereto under any patent issued thereon (reserved henceforth onto
CITY), shall be imposed and administered, in order to protect the public interest.
22. Political Activitv Prohibited. None of the funds, materials, property or
services provided directly or indirectly under this Agreement shall be used for any
political activity, or to further the election or defeat of any ballot measure or candidate for
public office.
23. Lobbvinq Prohibited. None of the funds provided under this Agreement
shall be used for publicity, lobbying or propaganda purposes designed to support or
defeat legislation pending before any legislative body.
24. Third Partv Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. lt is not intended that any rights or interests in this
Agreement benefit or flow to the interest of any third parties.
25. Nondiscrimination. To the extent required by controlling federal, state
and local law, RECIPIENT shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, RECIPIENT agrees as follows:
(a) RECIPIENT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
PRC 1 .0/10-07-04
PAGE 15
(b) RECIPIENT w¡ll 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 othenrvise provided in this
Agreement, RECIPIENT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, RECIPIENT
and its officers, agents and employees shall have absolutely no right to employment
rights and benefits available to CITY employees. RECIPIENT shall be solely liable and
responsible for providing to, or on behalf of, its employees all legally required employee
benefits. ln addition, RECIPIENT shall be solely responsible and save CITY harmless
from all matters relating to payment of RECIPIENT'S employees, including, without
limitation, compliance with Social Security withholding, and all other regulations
PRC 1 .0i 10-07-04
PAGE .16
governing such matters. lt is acknowledged that during the term of this Agreement,
RECIPIENT may be providing services to others unrelated to CITY or to this Agreement.
27. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation of
receipt, or sent by United States registered or 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 walver or a waiver of any
subsequent breach of either the same or a different provision of this Agreement. No
provisions of this Agreement may be waived unless in writing and signed by all Parties to
this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
32. Governinq Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California,
excluding, however, any conflict of laws rule which would apply the law of another
jurisdiction. Venue for purposes of the filing of any action regarding the enforcement or
interpretation of this Agreement and any rights and duties hereunder shall be Fresno
County, California.
PRC 1.0/10-07-04
PAGE 17
33. Headinqs. The Section headings in this Agreement are for convenience
and reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
34. Severabilitv. The provisions of this Agreement are severable. The
invalidity or unenforceability of any one provision in this Agreement shall not affect the
other provisions.
35. lnterpretation. The Parties acknowledge that this Agreement in its final
form is the result of the combined efforts of the parties and that, should any provision of
this Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against any Party, but rather by
construing the terms in accordance with their generally accepted meaning.
36. Attornev's Fees. lf either Party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from the
other Party its reasonable attorney's fees and legal expenses.
37. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
38. Precedence of Documents. The order of precedence of documents shall
be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for
this project; (2) Permits from other agencies as may be required by law;
(3) Supplemental Agreements or this Agreement the one dated later having precedence
over another dated earlier; (4) ESG Policies and Procedures (5) General Conditions.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by
application of the order of precedence.
ln the event of any conflict between the body of this Agreement and any Exhibit or
Attachment hereto, the terms and conditions of the body of this Agreement shall control
and take precedence over the terms and conditions expressed within the Exhibit or
Attachment. Furthermore, any terms or conditions contained within any Exhibit or
Attachment hereto which purport to modify the allocation of risk between the Parties,
provided for within the body of this Agreement, are null and void.
39. Cumulative Remedies. No remedy or election hereunder shall be
deemed exclusive but shall, wherever possible, be cumulative with all other remedies at
law or in equity.
40. Extent of Agreement. 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.ilt
Ht
PRC 1 0/10-07-04
PAGE 18
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
WestCare California, lnc. a California 501c3 not-
for-profit Corporation
By:
City Manager
Date:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
Addresses:
CITY:
City of Fresno
Attention: Bruce Rudd, City Manager Attention: Shawn Jenkins, Senior Vice President
2600 Fresno Street Room 3076 1505 N Chestnut
Fresno, CA 93721 Fresno, CA 93703
Phone: (559) 621-8300 Phone: (559) 251-4800
FAX: (559) 488-1078 FAX: (559) 537-7827
Attachments:1. Exhibit A - Scope of Services2. Exhibit B - Budget Summary3. Exhibit C - Homeless Services Report5. Exhibit D - lnsurance Requirements4. Exhibit E - Conflict of lnterest Disclosure Form
Shavrln Jenkins
Senior Vice Pr
Title:
Date:(Attach Notary Certificate of Acknowledgement)
Date: 3-1 -à0ls
RECIPIENT:
WestCare California
ân llet
PRC 1.0/10-07-04
PAGE 19
ACKNOWLEDGMENT
State of California
County 6¡ FRESNO
On 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 heishe/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.
Y
WITNESS my hand and official seal.
Signatur
(insert name and title of the officer)
Exhibit A
SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno ("City")
and WestCare California, Inc.("Consultant")
WestCare California, lnc.
City of Fresno ESG (Project Unite)
6-month Budget 2lLl7s -7/3tlLs
Rapid Re-Housing
JVestCare Costs - RR Stabilization Case Manasement
Case Manager 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 will meet with each
client at least once weekly to provide support and assistance towards achieving each
lndividualized Service Plan.
Frinse Benefits Calculated aT24.8% of total salaries
Laptop w/air card For the purchase of a laptop with an air card for use at the office and while on the
road. Calculated at an estimated St,llSfor the laptop and Sl00forthe laptop air
Printer For the purchase of a printer to be used by WestCare ESG program staff. Caluclated an
5250 X 50% to represent the portion shared by this staff. See the Fresno 25 Cities
CAHM section for the other 50% cost ofthis printer.
Office Lease/Rent These are the fees associated with facility space allocated to be used by the program
staff. Calculated at 559.28 per month x 6 months.
iPhone (cell phone)For the purchase of a cell phone for the use of WestCare ESG staff. Calculated at an
estimated S250.
Cell Phone Service For the connectivity fees associated with the cell phone to be used by WestCare ESG
program staff. Calculated at S90 per month x 6 months.
lnternet Service For the connectivity fees associated with the laptop air card to be used by WestCare
ESG program staff. Calculated at 560 per month x 6 months.
Office Phone Service For the connectivity fees associated with the use of an office phone for the program.
Calculated at 550 per month x 6 months.
Office Supplies This line item represents the cost of consumables such as paper, pens, clipboards,
toner, etc. Calculated at an estimated 550 per month x'6 months.
Office Utilities These are the electricity, natural gas, and other utility costs allocated per the rented
space in the facility to be used by the program. Calculated at $50 per month x 6
months.
Office Repairs/Maintenance For the day-to-day facility repairs of the program facility. Calculated at an estimated
average of S25 per month x 6 months.
Staff Recruitment This represents the cost to run ads and obtain background checks for staffto ensure
:he most qualified staff for the prosram. Calculated at S150 per staff.
Staff Mileage For mileage reimbursements due to WestCare ESG staff for use of their personal
vehicles for program related travel. Calculated at an estimated 424.5 miles per month
x 50.51 per mile x 6 months.
lndirect Costs Administrative costs are comprised of administrative personnel and other such costs
that support the program and are not covered in the line item budget. These costs
include, but are not limited to, management, accounting, payroll, human resources,
and technical support. Calculated aI26.7% of direct costs.
WestCare Rapid Rehousing Activities - Rental Assistance
Rental Assistance Funds to provide assistance to clients for short-term, medium-term, or one-time
payment for rent in arrears. Estimated at S10,192.5 per month x 6 months.
Security & Utility Deposits Funds to assist clients w¡th security and/or utility deposit assistance. Estimated at
S1,071.33 per month x 6 months.
Utility Payments Funds to assist clients with utility payments. Estimated at 5571.00 per month x 6
months.
Moving Cost Ass¡stance Funds to assist program clients with moving costs. Estimated at an average $+.t0 per
month.
lndirect Costs istrative costs are comprised of administrative personnel and other such costs
hat support the program and are not covered in the line item budget. These costs
nclude, but are not limited to, management, account¡ng, payroll, human resources,
and technical support. Calculated ar26.7% of direct costs.
Street Outreach & Emergency Shelter
/l/estcare Costs
Outreach Specialist The Outreach Specialist will be responsible for identifying individuals (and those with
families) who are literally homeless or at imminent risk of homelessness concentrating
on the chronically homeless and the most vulnerable homeless.
Frinee Benefits Calculated a|24.8% of total salaries
Laptop w/air card For the purchase of a laptop with an air card for use at the office and while on the
road. Calculated at an estimated 51,775 for the laptop and SfOO for the laptop air
Printer For the purchase of a printer to be used by WestCare ESG program staff. Caluclated an
S250 X 50% to represent the portion shared by this staff. See the Fresno 25 Cities
CAHM section for the other 50% cost of this printer.
Office Lease/Rent These are the fees associated with facility space allocated to be used by the program
staff. Calculated at 559.28 per month x 6 months.
iPhone (cell phone)For the purchase of a cell phone for the use of WestCare ESG staff. Calculated at an
estimated S250.
Cell Phone Service For the connectivity fees associated with the cell phone to be used by WestCare ESG
program staff. Calculated at S90 per month x 6 months.
lnternet Service For the connectivity fees associated with the laptop air card to be used by WestCare
ESG program staff. Calculated at $60 per month x 6 months.
Office Phone Service For the connectivity fees associated with the use of an office phone for the program.
Calculated at S50 per month x 6 months.
Office Supplies This line item represents the cost of consumables such as paper, pens, clipboards,
toner, etc. Calculated at an estimated S50 per month x 6 months.
Office Utilities These are the electricity, natural gas, and other utility costs allocated per the rented
space in the facility to be used by the program. Calculated at 950 per month x 6
months.
Office Repairs/Maintenance For the day-to-day facility repairs of the program facility. Calculated at an estimated
average of $25 per month x 6 months.
Staff Recruitment This represents the cost to run ads and obtain background checks for staffto ensure
the most qualified staff for the program. Calculated at S150 per staff.
Staff Mileage For mileage reimbursements due to WestCare ESG staff for use of their personal
vehicles for program related travel. Calculated at an estimated 849.02 miles per
month x 50.51 per mile x 6 months.
lndirect Costs Administrative costs are comprised of administrative personnel and other such costs
that support the program and are not covered in the line item budget. These costs
include, but are not limited to, management, accounting, payroll, human resources,
and technical support. Calculated aT26.7% of direct costs.
HMlS - Street Outreach &
Emergency Shelter
For the cost of purchasing 1 HMIS license, training on HMIS, and reporting for tracking
client data as per the RFP.
lndirect Costs Administrative costs are comprised of administrative personnel and other such costs
that support the program and are not covered in the line item budget. These costs
include, but are not limited to, management, accounting, payroll, human resources,
and technical support. Calculated a|26.7% of direct costs.
Homelessness Prevention
PAGE22
WestCare Costs
Rental Assistance Funds to provide assistance to clients for short-term, medium-term, or one-time
pavment for rent in arrears. Estimated at 54,601 per month x 6 months.
Security & Utility Deposits Funds to assist clients with security and/or utility deposit assistance. Estimated at
5369 per month x 6 months.
Jtility Payments Funds to assist clients with utility payments. Estimated at S196.67 per month x 6
months.
lndirect Costs Administrative costs are comprised of administrative personnel and other such costs
that support the program and are not covered in the line item budget. These costs
include, but are not limited to, management, accounting, payroll, human resources,
and technical support. Calculated aT 26.7% of direct costs.
Fresno's 25 Cities CAHM
WestCare Costs - RR Housing Relocation & Stabilization
Housing Locator The Housing Locator will be responsible for identifying and transitioning program
clients into stable housing. This will be a fulltime staff. Salaries are calculated at
S18/hr x 1,040 hours in a 6-month period.
Director of Housing Services The Director of Housing Services will be responsible for the oversight of the program
and scope of work. This position will approve all purchase to ensure costs are within
budget, monitor data for contract compliance, submit performance reports, and will
provide supervision through direct observation and follow-up training. This will be a
21% FIE. Salaries are calculated at 554,000 annual salary + 2 (to represent 6 months) x
2r%.
Frinee Benefits 3alculated aT24.8% of total salaries
Laptop w/air card For the purchase of a laptop with an air card for use at the office and while on the
road. Calculated at an estimated 51,775 forthe laptop and SLOO forthe laptop air
Pri nter Forthe purchase of a printerto be used byWestCare ESG program staff. Caluclated an
5250 X 50% to represent the portion shared by this staff. See the Street Outreach &
Emergency Shelter section for the other 50% cost of this printer.
Office Lease/Rent Ihese are the fees associated with facility space allocated to be used by the program
;taff. Calculated at 559,28 per month x 6 months.
iPhone (cell phone):or the purchase of a cell phone for the use of WestCare ESG staff. Calculated at an
rstimated S250.
Cell Phone Service :or the connectivity fees associated with the cell phone to be used by WestCare ESG
lrogram staff. Calculated at 590 per month x 6 months.
lnternet Service For the connectivity fees associated with the laptop air card to be used by WestCare
ESG program staff. Calculated at 560 per month x 6 months.
Office Phone Service Forthe connectivityfees associated with the use of an office phone forthe program.
Calculated at S50 per month x 6 months.
Office Supplies This line item represents the cost of consumables such as paper, pens, clipboards,
toner, etc. Calculated at an estimated S50 per month x 6 months.
Office Utilities These are the electricity, natural gas, and other utility costs allocated perthe rented
space in the facility to be used by the program. Calculated at S50 per month x 6
months.
Office Repairs/Maintenance For the day-to-day facility repairs of the program facility. Calculated at an estimated
average of $25 per month x 6 months.
Staff Recruitment This represents the cost to run ads and obtain background checks for staffto ensure
the most qualified staff for the program. Calculated at 5150 per staff.
Staff Mileage For mileage reimbursements due to WestCare ESG staff for use of their personal
vehicles for program related travel. Calculated at an estimated 849.02 miles per
month x 50.St per mile x 6 months.
PAGE 23
lndirect Costs istrative costs are comprised of administrative personnel and other such costs
hat support the program and are not covered in the line item budget. These costs
nclude, but are not limited to, management, accounting, payroll, human resources,
technical support. Calculated aL26.7% of direct costs.
HMIS - Rapid Rehousing For the cost of purchasing 2 HMIS license, training on HMIS, and reporting for tracking
client data as per the RFP.
lndirect Costs Administrative costs are comprised of administrative personnel and other such costs
that support the program and are not covered in the line item budget. These costs
include, but are not limited to, management, accounting, payroll, human resources,
and technical support. Calculated aT26.7% of direct costs.
- Turning Point lOur partner, Turning Point, will provide Rapid Rehousing Case Management.
R Case Management lCalculated at an estimated 52,052.83 per month x 6 months.
iubcontractor - Turning Point
itreet Outreach & Emergency
ihelter
Our partner, Turning Point, will provide housing assistance in the forms of bridge
housing at a facility (Bridge Point) that will operate as emergency shelter for homeless
persons who will be connected to other housing options. Calculated at an estimated
S14,613.83 per month x 6 months.
Program Director The Program Director will provide oversight of the overall operations of the program
and supervision of staff. Additionally, the Program Director will prepare reports and
ensure prosram compliance. Calculated al28% FTE.
Secreta ry The Secretary position enters data, assists with intake documentation, administrative
duties, meeting client needs with regard to appointment scheduling, etc. Calculated at
20% FTE.
Resident Client Supervisor The Resident Client Supervisors will provide onsite supervision and access to services
24 hours a day. Resident Client Supervisors will monitor resident activities, ensure
safety of the builidng, provide supportive services and resond to crisis when
necessary. Calculated alt68% (2 staff).
Cook The Cook will ensure meals are prepared daily and in accordance with safe food
handline euidelines. Calculated aT 28% FTE.
Case Manager The Case Manager will be responsible for maintaining client files, documenting and
preparing client service plans, making referrals to community resources, providing
transportation or transportation resources for clietns to appointments, data entry,
and working closely with Navigators to ensure smooth transition for clients into
oermanent housins. Calculated aT 40% FTE.
iubcontractor - Poverello House
ìapid Rehousing
Our partner, Poverello House, will work in concert with WestCare and Turning Point
on "Project Unite" by conducting initial assessments of the clients in the Villages to
determine the type of supportive service or social service required. Once initial needs
are assessed, Poverello House will refere clients to Turning Point for bridge housing or
WestCare for additional housing navigation. Poverello House will work with Turning
D^i^+ ^-l r^r^-+a^-^ +^ L^l^ ^li^^+- ^L+-i^ f,^^,^,.¡^.J f^- L^,,^i^-
Case Manager The Case Manager to conduct initial assessments for clìents residing in the Villages to
determing their housing needs and the types of supportive services they need to find
and sustain permanent housing. Calculated aI24.9% x 515/hr x 1,040 hrs in a 6-month
Frinse Benefits Calculated at28.9% of total Poverello salaries
PAGE24
Subcontractor - Poverello House 3ur partner, Poverello House, will work in concert with WestCare and Turning Point
:n "Project Unite" by conducting initial assessments of the clients in the Villages to
letermine the type of supportive service or social service required. Once initial needs
rre assessed, Poverello House will refere clients to Turning Point for bridge housing or
úy'estCare for additional housing navigation. Poverello House will work with Turning
)ninl rnd \/\/oct'l'¡ro in holn ¡lianfc nhtain ¡ln¡r rman+c
Case Manager fhe Case Managerto conduct initial assessments forclients residing in the Villagesto
Jeterming their housing needs and the types of supportive services they need to find
rnd sustain permanent housing. Calculated aI75.1% x SfS/nr x 1,040 hrs in a 6-month
Case Manager/Outreach lhe Case Manager/Outreach staff will be responsible for assisting the Case Manager in
lssisting clients to gather documenst necessary to be placed in appropriate housing
rnd support¡ve services. Calculated att00%xStZ/hr x 1,040 hrs in a 6-month period.
Frinee Benefits Calculated at28.9% of total Poverello salar¡es
Laptop For the purchase of a laptop to be used by the Poverello staff. Calculated at an
estimated S1,500.
Pri nter Forthe purchase ofa printerto be used bythe Poverello staff. Calculated at an
estimated S100.
Electricitv For the electricity needs of the Poverello staff. Calculated at S40 per month x 6
Office Supplies For the purchase of consumables such as pens, paper, ink cartridges, etc. for the
Poverello staff. Calculated at an average S50 per month x 6 months.
Cell Phones For the purchase of a cell phone for each ofthe Poverello staff. Calculated at 5100 per
cell phone x 2 cell phones.
Cell Phone Service For the monthly service for the cell phones used by the Poverello staff. Calculated at
S90 per month x 6 months.
iPad For the purchase of an iPad for the use ofthe Poverello staff. Calculated at an
estimated S1,200.
Staff Mileage For mileage reimbursements due to Poverello staff for use of their personal vehicle for
program related travel. Calculated at an estimated 72.77 miles per month x 6 months
x So.st per mile.
Administration
Administrative Costs lNo funds uested from this line item
PAGE 25
Exhibit B
BUDGET SUMMARY
Consultant Service Agreement between City of Fresno ("City")
and WestCare California, Inc.("Consultant")
Emerqencv Solutions Grant
PROJECT TITLE
See attached
PRC 1 0/10-07-04
PAGE 26
WestCare California, lnc.
City of Fresno ESG (Project Unite)
6-month Budget zhlt5 -7137175
Activity Description
WestCare California - RR Stabil¡zation Case Management
Case Manager
Fringe Benefits
Laptop w/air card
Printer
Office Lease/Rent
iPhone (cell phone)
Cell Phone Service
lnternet Service
Office Phone Service
Office Supplies
Office Ut¡lities
Office Repairs/Maintenance
Staff Recruitment
Staff Mileage
lndirect Costs - WestCare
700% 5
s
s
s-s
s
5
s
s
s
5
s
s
424.s0 s
s
100.0% s
$
s
s
s
s
s
s
s
s
s
$
s
5
849.02 5
5
Tt.r8
17,867.00
1,875.00
125.00
59.28
250.00
90.00
60.00
s0.00
s0.00
s0.00
2s.00
150.00
0.s1
22,298.00
Detail Unit Cost Multipl¡er Amount
L040 s 17,867.00
24.8% 5 4,431.00
1 s 1,87s.00
1 5 12s.00
6 s 3s6.00
1 s 2s0.00
6 s s40.00
6 s 360.00
6 s 300.00
6 s 300.00
6 s 300.00
6 s 1s0.00
1 s 1s0.00
6 s 7,299.00
26.7% s s,9s4.00
subtotal Total
34,2s1.00
90,000.00
WestCare California - RR Rental Assistance
Rental Assistance
Security & Utility Deposits
Utility Payments
Moving Cost Assistance
lndirect Costs - Westcare
Rapid Re-Housing
WestCare California Costs - Homeless Prevention
Rental Assistance
Security & Utility Deposits
Ut¡lity Payments
lndirect Costs - WestCare
Homelessness Prevention
5 3,s1.2.20 6
s 369.00 6
s 196.67 6
5 24,467.00 26]%
s 10,192.50
5 1,071.33
S s71.oo
S ¿.Lo
S 71,034.00
1,8.00
27,000.00
24,390.00
1,875.00
125.00
59.28
250.00
90.00
60.00
50.00
50.00
50.00
25.00
150.00
0.51
30,439.00
656s6s6s
26.1% s
61,155.00
6,428.00
3,426.00
25.00
18,966.00
27,073.00
2,214.00
1,180.00
6,533,00
18,720.00
5,670.00
6,049.00
1,875.00
125.00
356.00
2s0.00
s40.00
360.00
300.00
300.00
300.00
150.00
1-s0.00
2,598.00
8,727.00
3,377.00
902.00
5 !24,2s7.00
3L,000.00
WestCare California Costs - RR Housing Relocation & Stabilization
Housing Locator
Director of Housing Services
Fringe Benefits
Laptop w/air card
Printer
Office Lease/Rent
iPhone (cell phone)
Cell Phone Service
lnternet Service
Office Phone Service
Office Supplies
Office Ut¡lities
Office Repa irs/Ma intena nce
Staff Recruitment
Staff Mileage
lndirect Costs - WestCare
HMIS - Rapid Rehousing
lndirect Costs - WestCare
S 3,377.00 t
5 3,377.00 26.7%
Page 1 of 8
31,000.00
45,870.00
4,27e.pÃcE27
s
s
s
$
1040 s
21.0% s
24.8% s1s1s
6$1s6s6s6s6s6s
b)1s6s
26.7% s
Þ
s
Subcontractor - Turning Point Street Outreach & Emergr S
Subcontractor - Turning Po¡nt RR Case Management
Subcontractor - Poverello House - Rapid Rehousing
14,61,3.83
2,052.83
87,683.00
12,317,00
3,879.00
1,,t21,.00
77,727.00
72,480.0O
6,997.00
r.,500.00
r.00.00
240.00
300.00
200.00
540.00
1,200.00
433.00
16,640.00
4,127.00
1,87s.00
12s.00
356.00
250.00
540.00
360.00
300.00
300.00
300.00
150.00
150.00
2,598.00
7,495.00
3,377.00
902.00
87,683.00
12,317.00
5,000.00
35,711.00
S 190,860.00
35,s66.00
4,279.00
39,845.00
s 385,962.00 $ 385,952.00
Case Manager
Fringe Benefits
Subcontractor - Poverello House - Street Outreach
Case Manager
Case Manager/outreach
Fringe Benefits
La ptop
Printer
Electricity
Office Supplies
Cell Phones
Cell Phone Service
iPad
Staff Mileage
Fresno's 25 Cities CAHM
Outreach Specialist
Fringe Benefits
Laptop w/air card
Pr¡nter
Office Lease/Rent
iPhone (cell phone)
Cell Phone Service
lnternet Service
Office Phone Service
Office Supplies
Office Utilities
Office Repa irs/Maintena nce
Staff Recruitment
Staff Mileage
lndirect Costs - WestCare
HMIS - Street Outreach & Emergency Shelter
lndirect Costs - WestCare
Street Outreach & Emergency Shelter
No funds requested from this categorv
Administration
Total Budget
24s% 5
s
7s.r% 5
100% 5
5
s
s
$
s
s
s
s
5
r.5.00
12.00
24,201.00
1,500.00
100.00
40.00
s0.00
100.00
90.00
1,200.00
72.r7
1040 s
1o4o s
28.9% s1s
156s6s25
651s6s
1040 s
24.8% s1sLs6s1s
65
65
6$6s6s6s1s6s
26.7% s
s
s
15.00 1040
3,879.00 28.9%
5
s
WestCare California Costs - Outreach & Emergency Shelter
s 16.00
s 16,640.00
5 1,87s.00
5 12s.oo
S s9.28s 2so.oo
$ go.oo
$ oo.oo
5 so.oo
S so.oo
5 so.oo
5 2s.oo
$ lso.oo
849.02 s O.Sr
s 28,071.00
5
s
3,377.00 L
3,377.00 26.1%
Page 2 of 8
PAGE 28
BUDGET PROPOSAL - CITY OF FRESNO ESG
SIX (6) MONTH BUDGET PROPOSAL
ORGANIZATION NAME
PROJECT NAME
ESG ACTIVITY
ls the proposed
program
requested as part
of Fresno's 25
Cities CAHM? TOTAL BUDGET
(YES/NO) for thjs program
CITY ESG funds
previously
CITY ESG funds awarded forthis
proposed program
COUNTY ESG
funds (awarded,
requested, or
expected) for this l\4atching funds for Source(s) of match¡ng
program lh¡s program funds for this program
Relocation & Stabil¡zation
Rap¡d Re-Housing - Hous¡ng Relocat¡on
& Stab¡l¡zat¡on
Westcare Cal¡fornia
match - HUD SSVF
seruices. Turn¡ng
Po¡nt match - F¡rst
Step Homes services
Poverello House
match - meals lo
clients
\dm¡n¡strat¡ve costs up to 2 5% ol tsc
lrnrlc rêôr,êclêd fôr ôrôôrâm âalivil¡ês $$Ð s Westcare match -
HUD SSVF seruices
IOTAL ALL ESG Act¡v¡ties in this BIJDGI s 385 962 00 s 385 962 00 (s $ 385.962 00
your org anization has been awa rded E SG funds from the City or County of Fresno for activities tha t will be implemented during the period January 1 , 20 15 to June 30, 2015, please
how those funds will be used lo pay for costs associated w¡th this program (shown above), or for other program costs during this period:
your organizat¡on has requested or expects to apply for ESG funds from the County of Fresno for activ¡ties thal will be implemented during the per¡od Januarl, 201 5 to June 30,
5, please explain how those funds will be used to pay for costs associated w¡th this program (shown above), or for other program costs:
descr¡bethesourcesandusedofmatch¡ngfunds lfmalchingfundswillbeusedtopayforcoststhatarenot¡ncludedinthebudgetabove,pleaseclearlydescr¡bethecosts
act¡vities that w¡ll be supported with those matchìng funds:
Califomia w¡ll provide ít's match thrcugh HUD SSVF sevices The HUD Suppoñ¡ve SeN¡ces for Veteran Fam¡lies (SSVF) program provides suppotT¡ve seN¡ces and
f¡nanc¡al ass¡stance, based on need, to very low ¡ncome veteran fan¡l¡es to prevent and reduce homelessness Turning Point will provide ¡ts natch through F¡rst Step
wh¡ch w¡ll provide addit¡onal ass¡stance to the Prcject Un¡te cl¡ents for preventing or reduc¡ng homeiessness Poyerelro House w¡ll prov¡de ¡ls match through 3 meals a day to
120 cl¡ents for the length of the progran
your organization plan to request matching funding from Fresno F¡rsl Steps Home to support be implemented as part of Fresno's 25 Cil¡es (CAHN4) ln¡tiative? lf
please use this space to briefly describe your organization's funding request
PAGE 29
C¡tv olEEDECIII-s",--fffEÈt-Ezz¿¡S
EXHIBIT C
EMERGENGY SHELTER GRANT
HOMELESS SERVICES QUARTERLY REPORT
ame of Organization:Period Covered by Report:
Description of Services:
Meals Shelter
ty State:Zip Code: I Term of ContracUAgreement:
Numbe¡:
Programs and Service(s):
Emergency Shelter Facilities
Vouchers for Shelters
Drop-in Center/Food Pantry
Mental Health
Alcohol/Drug Program
Child Care
Other
Residential Services:
Average number served daily:
Unaccompanied 18 and over
Unaccompanied under 18
Families with Children Headed by:
Single 18 and over
Youth 18 and under
Two parents 18 and over
Two parents under 1 8
Families with no children
Adu ts
Transitional Housing
Outreach
Soup Kitchen/Meal Distribution
Health Care
HIV/AIDS Services
Employment
Homeless Prevention
Children
%Females
% Females
% Female
% Female
% Female
% Female
% Female
o/o Drug Dependent lndividuals
% Elderly
% Veterans
% Physically Disabled
% Other
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other
Enter Approx¡mate Percentages (round to the nearest whole number e.g. 48.2o/o=48o/o o¡ 23.7%=241
% Males
7o 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
% HIV/AIDS
% Alcohol Dependent lndividuals
Shelter Type: Number of persons housed
Barracks
Group/Large House
Scattered Site Apartment
Single Family Detached House
Aqe Levels
l-5
12
13-17
1 8-34
35-54
55-59
ì0-64
35+
Jnknown
Iotal
Organization:Reporting Period:
Gender
Male
:emale
lotal
,/eterans
)ersons W Disabilities
Quarter:
Total Meals
Total Shelter Niohts
Year to Date:
Total Meals
Total Shelter Niohts
Race
Total Persons Hispanic Persons
Nhite
SlacUAfrican American
\sian
\mer. lndian/Alaska Native
tlative Hawaiian/Other Pacific lslander
\mer. lndian/Alaska Nat. & White
Asian & White
Black/African Amer. & White
Amer. lndian/Alaska Nat. & BlackAfrican American
TOTAL
Matching Funds Report (ESG requires a 1:1 match). The following are the sources of the agency's match:
Source(s): Amount
Total $
Signature of the Authorized Agent or Officer:Date
Print/Type Name:Job Title
EXHIBIT D
Gonsultant Service Agreement between City of Fresno ("CITY")
And Westcare California, l nc.("CONSULTANT")
Emerqencv Solutions Grant
PROJECT TITLE
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
The most current version of lnsurance Services Office (lSO) Commercial
General Liability Coverage Form CG 00 01, providing liability coverage
arising out of your business operations. The Commercial General Liability
policy shall be written on an occurrence form and shall provide coverage
for "bodily injury," "property damage" and "personal and 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."
The most current version of ISO *Commercial Auto Coverage Form CA
00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence form
and shall provide coverage for all owned, hired, and non-owned
automobiles or other licensed vehicles (Code 1- Any Auto). lf personal
automobile coverage is used, the CITY, its officers, officials, employees,
agents and volunteers are to be listed as additional insureds.
Workers' Compensation insurance as required by the State of California
and Employer's Liability lnsurance.
Professional Liability (Errors and Omissions) insurance appropriate to
CONSULTANT'S profession. Architect's and engineer's coverage is to
be endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to
CITY, its officers, officials, employees, agents and volunteers as additional insureds, shall
be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
1.
2
3
4
PRC 1 .0/10-07-04
PAGE 32
(i) $1,000,000 per occurrence for bodily injury and property
damage;(ii) $1,000,000 per occurrence for personal and advertising
rnJury;
(iii) $2,000,000 aggregate for products and completed
operations; and,
(iv) $2,000,000 general aggregate applying separately to the
work performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
oR*
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability
not less than:
(i) $100,000 per person;
(ii) $300,000 per accident for bodily injury; and,
(iii) $50,000 per accident for property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;(ii) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
ln the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and
afford no less coverage than the primary insurance policy(ies). ln addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF.INSURED RETENTIONS
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
PAGE 33
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared on the Certificate of lnsurance, and approved by, the CITY'S Risk Manager
or his/her designee. At the option of the CITY'S Risk Manager or his/her designee,
either:
(i) The insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its officers,
officials, employees, agents and volunteers; or
(ii) CONSULTANT shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations,
claim administration and defense expenses. At no time shall
CITY be responsible for the payment of any deductibles or
self-insu red 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 10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 201011 85.
2. The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits and coverage shall be available to the Additional lnsured.
3. For any claims related to this Agreement, CONSULTANT'S insurance
coverage shall be primary insurance with respect to the CITY, its officers,
officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees,
agents and volunteers shall be excess of CONSULTANT'S insurance and
shall not contribute with it. CONSULTANT shall establish primary and
non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO
Form CG 20 01 04 13.
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
'AGE
34
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 completlon of the Agreement work or
termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. CONSULTANT is also responsible for providing written notice to the
CITY under the same terms and conditions. Upon issuance by the insurer, broker, or
agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,
CONSULTANT shall furnish CITY with a new certificate and applicable endorsements
for such policy(ies). ln the event any policy is due to expire during the work to be
performed for CITY, CONSULTANT shall provide a new certificate, and applicable
endorsements, evidencing renewal of such policy not less than fifteen (15) calendar
days prior to the expiration date of the expiring policy.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY'S Risk Manager or his/her designee prior
to CITY'S execution of the Agreement and before work commences. All non-lSO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately
furnish City with a complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be a true and
correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
PRC 1.0/10-07-04
PAGE 35
A,CORD"
CERT¡FICATE HOLDER
WESTFOU-o2 SHETTYSM2
o 1988-2014 ACORD CORPORATTON.
The ACORD name and logo are registered marks of ACORD
CERTIFICATE OF LIABILITY INSURANCE DAIE (MM/DDÍYYYY}
2t19t2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THIS
CERTIF¡CATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIESBELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A GONTRAGT BETWEEN THE ISSU|NG TNSURER(S), AUTHORTZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
lMPoRTANT:lÍthecert¡ficateholder¡sanADDlTloNAL]NsuRED'thepolicy(ies)mustbeendorsed'lfsUBRoGA@
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rigtrts to tnecertif¡cate holde¡ in lieu of such endorsement(s).
PRODUCER
Willis of Flor¡da, lnc.
c/o 26 Centurv Blvd
P.o. Box 305{91
Nashville, TN 37230-5191
fiRüÉîcr certificates@willis.com
i'Aï8."N.,. Er0, (877) 945-7379 I lað. ro,, (gg8) 467-2373
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
tNsuRER A : Arch lnsurance Gompany Ht50
INSURED
WestGare Galifornia, lnc.
PO Box 94738
Las Vegas, NV 89193-4738
'rrr*=* "
. National Union Fire lnsuBnce Gompany of pittsburgh l9¿t45
INSIJRER C :
INSI,JRER D:
INSURER E:
INSURER F :
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY coNTRAcToRoTHERDooUMENTWITHREsPÈciToWHICHTHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMEER UMlr!¡
A x I coumencnl eeNERAL LtlBtury
I "*,"r-"oo- lT-l *.u*r-X x \¡TPKG0005307 07t01t2014 07t01t2015
EACH OCCURRENCE 1.000.00t
ÞÞFM ttsN I tsU
I MUmnæ\1.000.00(
MED EXP (Any one person)s 20.001
PERSOML & ADV IN.IIIRY 1,000.00(
GEI ,I'L AGGREGATE LIMIT APPLIES PER:
I ro.'"t l-l !f"o; I x I .oc
GENERAL AGGREGATE 3.000.00(
PRODUCTS . COMP/OP AGG 3,000,00t
A
AU'IOMOEILE UABIUTY
ANY AUTO
ALL O\¡NED
AUTOS
HIRED AUTOS
x '1T4UT0002707
/MÞ¡NtrU ùINULE LIMI I
a âa¡idânll $ '1.000.00f
X 07t01t2014 07101t2015 BODILY INJURY (Por psrson)$
BODILY INJURY (Pêr accldent)$
PI{UPEK I Y DAMAGE
lPêr eæ¡dêntì
A
UMBREIJ.A LIAB
EXCESS LIAB
X I occun--l
"*,".-"oo,NTFXS001560l
EACH OCCURRENCE $2,000.00(
X 07lo'I20't1 07t01t2015 AGGREGATE $2.000.00t
o=o I X I *=r."r,o"s 10'00(
B
WORKERS COiiIPENSANON
AND EMPLOYERS'UABIUTY
N'A x NC01872,1029 02t26t2015 o2j26t2016
x .UTE H-
ANYPROPRIETOFYPARTNEFYEXECUTIVE T-;-
oFF|oER/MEMBER EXCLUDED? LI_(Mandatory ln NHI
lfvês. dêscrib€ undêr
ôÉscRrÞTtôN ôF ôÞFPÂTrôNs hâr^w
E.L. EACH ACCIDENT s 1.000,00(
E.L. DISEASE. EA EMPLOYE $1.000,00(
E,L. DISEASE . POLICY LIMI'f I,000.00(
A
A
trofess¡onal Liab,
{buse & Molestation
NTPKGOOO53OT
ITPKG0005307
07t01t2014
07t01t2014
07t01t2015
07t01t2015
Ccc. $1,000,000/Agg 3,0()O,OO(
Ccc. $1,000,000/Agg 3,0O0,OO(
DESCRIPTION OF OPERAIIONS , LOCATIONS / VEHICLES (ACORD l0l, Addltlonal Remrks Schedule, may be attachsd lf nore .pece ls ßqutt€d)
IHIS CERTIFICATE VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 2117t2015
3ity of Fresno, a California Municipal Corpgrgtlg¡, herein-aft¡r.r9[e¡red to as CITY, its officers, officials, employees, agents and volunteen9 ale lncluded as\dditional lnsureds as respects to General Liability and Auto Liab¡llty,
Seneral Liability and Auto Liability policies shall be Primary and Non-contr¡butory with any other insurance in force for or which may be purchased by\dditional lnsureds.
SEE ATTACHED ACORD IOI
Gity of Fresno, a Californ¡a Muncipal Gorporation
SHOULD ANY OF THE ABOVE DESCRIBEO POLICIES BE CANCELLED BEFORETHE EXPIRATON DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS.
AU'IHORIZEO REPRESENTAll\'E
4ä?^
ACORD 25 (2014t01l-
All rights reserved.
ADDITIONAL REMARKS
AGENGY CUSTOMER lD: WESTFOU-02
LOG#: I
ADDITIONAL REMARKS SCHEDULE
SHETTYSM2
Page I of 1
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORMNUMBER: AcoRD2s FORMTITLE:
Description of Operations/Locations/Vehicles :
The Excess Liability policy is Follows Form.
W-aiver of S_ubrogation applies in favor of City of Fresno, a California Municipal Gorporation, hereinafter referred to as GlTy, itsoff¡cens, officials, employees, agents and volunteers with respects to Workers Comþensation as permitted by law-
@ 2008 ACORD CORPORATION. Ail rights reserved.
AGENCY
Willis of Florida, lnc.
NAMED INSURED
Westcare Californla, lnc.
PO Box 94738
Las Vegas, NV 89193-f738POUCY NUMBER
SEE PAGE I
CARRIER
SEE PAGE 1
NAIC CODE
SEEPI EFFEc'nvEDArE: SEE PAGE I
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SOCIAL SERVICES PREMIER GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
It is understood and agreed that the following e event that no other specific
coverage for the jndicated. loss expo.sures are lf such specific coverage applies,the terms, conditions, and limits oi that covera ve coveraþe applicable under this
policy.
Throughout this endorsement the words '!ou" and '!rour" refer to the "Named lnsured" shown in the
Declarations, The words '!ve", "us", and "our" refer to the "Company" providing this insurance.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILIW COVERAGE FORM
The following is a summary of the Limits of lnsurance and Additional Coverage provided by this endorsement.
For complete details on specific coverage's, consult the policy contract woroing.A) Medical Payment - Limit increased to 920,000B) Supplementary Payments -Bail bonds increased to $3,000 / Loss of Earnings increased to gi,000
each dayC) Damage to Premises Rented to You -Fire, Lightning, Explosion, Smoke and Leaks from Fire
Protective Sprinklers limit increased to 91,000,000
Broadened definition of \lúl'ro is an lnsured
Knowledge or Notice of Occurrence
Broadened definition of Advertising lnjury includes televised, videotaped, or internet-based publicatíon
Amended definition of Bodily lnjury to include rnentalanguish
Amended Unintentional Faifure to Disclose Hazards
Amended Liberalization Clause
Property Damage - Removal of exclusion for "Properly Damage" resulting from the use of reasonable
force to protect persons or property
Premises Sold or Abandoned by you
Added Blanket Additional fnsured - Funding sources
Added Blanket Additional lnsured - Managers or lessors of premises
Additional lnsured - By Contract, Agreement or permit
General Aggregate Limit Per Location
Blanket Special Events and Fund Raising Events Coverage
Non-Owned Watercraft Coverage - Length is increased to 65 feet
Blanket Waiver of Subrogation
Waiver of lmmunip
Violation of Rights of Residents Coverage (patient's Rights)
Liquor Liability Exception to Exclusion
Employee Criminal Defense Coverage - 925,000 limit
D)
E)
F)
c)
H)
r)
J)
10
L)
M)
N)
o)
P)
o)
R)
s)
Ð
u)
v)
A) MEDICAL PAYMENTS
lf N/edical fly-TPltt Coverage- (Coverage C) is.not otherwise excluded from this Coverage part:1) The Medical Expense Limit is increàsed, subject to all the terms of timiis òi lnsurance
(Section llt) ro 920,0002) The requirement in the lnsuring Agreement of Coverage C, that expenses must be incurred
and reported to us within "one year" of the accident date is changed to 'three years.',
B) SUPPLEMENTARY PAYMENTS
Coverage A. and B. provisions:
Q The limit for the cost of bail bonds is changed from g2s0 to g8,000,
2') The limit for loss of earnings is changed fróm g2S0 per day to iDl,OOO per day.
00 G10295 00 02 09
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Page 1 of 7
c)DAMAGE TO PREMISES RENTED TO YOU
lf damage by fire to premises rented to you is not otherwise excluded from this Coverage part, theword 'Tire" and the words 'rire insurance" are changed to 'Tire, lightning, explosion, smJke, orleakage from fire protective sprinklers', where it apfuars in:
J) fF last paragraph of Section l-Coverages, Coverage A Bodily lnjury And property Damage
Liability, subsection 2. Exclusions;
2) Section lll-Limits Of lnsurance, paragraph 6.;
3) Section V - Definitions, paragraph 9.a.
4) Sectio.n.lV-CommercialGeneral Liability Conditions, subsection 4. Other lnsurance,paragraph b. Excess lnsurance
]he Damage to Premises Rented to You Limit section of the Declarations is amended to
$1,000,000,
This is the most wewill Pgy.fol alldamage proximately caused by thesame event, whethersuchdamage results from fire, lightning, explosioh, smoke ôr leakage tromtire proìeãiiüe öprinr.brs orany combination thereof,
WHO IS AN INSURED
Paragraph 2. of Seclion ll -Who ls An lnsured is deleted and replaced by the following:2. Each of the following is also an insured: but only while working within the scope of theirduties for the insured:
a.
(i) "Employees";
(ii) 'Volunteer Workers";
(iii) lndependent Contractors
However, no "employees", 'Volunteer workers"or independent contractors are insureds for:(l) "Bodily injury"or "personaland advertising injury',:
(a) To you, to your partners or members (if you are a partnership or joint venture), to your
members (if you are al limited liability ccmpany), to a co-"employee" while in thä course of
his or her employment or.performing duties related to the conduct of your business, or toyour other 'Volunteer workers" while performing duties related to the ıonduCiãt your
business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or 'Volunteer worker',
as a consequence of paragraph (1)(a) above;
(c) For which there is any oblþation to share damages with or repay someone else who mustpay damages because of the injury described inÞaragraphs 1t¡(a) or 1U¡ ãOóvé;or
(d) Arising out of his or her providing or failing to provide professional health care services.
(2) "Property damage"to property:
(a) Owned, occupied or used by,(b) tody or control of, or over which physical control is,being
by you, any of your 'bmployees", 'Volunteer workers',, any
are a partnership or joint venture), or any member (if you are a
Medical directors and administrators, including professional persons, are also insureds;
lf you are an organization other than a partnership or joint venture, your managers andsupervisors are also insureds;
lf you are a limited liability company your rnembers are insureds, but only w¡h respect to their
duties related to the conduct of your business;
Any organization and subsidiary thereof which you control and actively manage on the effective
date of this endorsement;
D)
b.
c.
d.
00 G10295 00 02 09
CCI',lPANY cæY
Page2ol T
c)DAll,ilAGE TO PREMISES RENTED TO YOU
lf damage by fire to premises rented to you is not otherwise excluded from this Coverage part, theword 'Tire" and the words 'Tire insurance" are changed to "fire, lightning, explosion, rmoia, o¡.leakage from fire protective sprinklers', where it apflears in:
l) fne hst paragraph of Section l-Coverages, Coverage A Bodily lnjury And property Damage
Liability, subsection 2. Exclusions;
2) Section lll-Limits Of lnsurance, paragraph 6.;
3) Section V - Definitions, paragraph 9.a.
4) Sectio,n lV-Commercial Cieneral Liability Conditions, subsection 4. Other lnsurance,paragraph b. Excess lnsurance
Jle-^prygOe to Premises Rented to You Limit section of the Declarations is amended to
$1,000,000,
This is the most wewill PpY.fol all damage proximately caused by thesame event, whethersuch
damage results from fire,lightning, exploiioh, smoke ór leakage fromfiré proi"óiiüerpiinklers orany combinatlon thereof ,
WHO ¡S AN INSURED
Paragraph 2. of Section ll -\illho ls An lnsured is deleted and replaced by the following:2- Each of the following is also an insured: but only while working within the scope of theirduties for the insured:
a.
(i) "Employees";
(ii) 'Volunteer Workers";
(iii) lndependent Contractors
However, no "employees", 'Volunteer workers"or independent contractors are insureds for:
(1) "Bodily injury" or "personal and advertising injury,':
(a) To you, to your partners or members (if you are a partnership or joint venture), to your
members (if you are al limited liability crmpany), to a co-,'employeã" while in thä course of
his or her employment or.performing duties related to the conduct of your business, or toyour other 'Volunteer workers" while performing duties related to the óonduct of your
business;
(b) To the spouse, child, parent, brother or sister of that co-"employee" or 'Volunteer worker,'
as a consequence of paragraph (i)(a) above;
(c) For which there is any obligatio.n to share damages with or repay someone else who mustpay damages because of the injury described inÞaragraphs 1i)(a¡ or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services.
(2) "Property damage"to property:
(a) Owned, occupied or used by,(b) tody or control of, or over which physical control is being
by you, any of your "employees',, ,Volunteer workers", any
are a partnership or joint venture), or any member (if you are a
Medical directors and administrators, including professional persons, are also insureds;
lf you are an organization other than a partnership or joint venture, your managers andsupervisors are also insureds;
lf you are a limited liability company your members are
duties related to the conduct of your business;
insureds, but only with respect to their
e' Any organization and subsidiary thereof which you control and actively manage on the effective
date of this endorsement;
D)
b.
c,
d.
00 G10295 00 02 09
CCI\IPANY CEY
Page 2of 7
f. Any person or organization that has financial control of you or owns,
premises occupied by you and requires you to name them ás an additional
respect to their liability arising out of :
(1) Their financial controlof you;o
maintains or controls
insured but only with
E)
(2) Premises they own maintain or control while you lease or occupy these premises.
This insurance does not apply lo structural alterations, new construction and demolitionoperations performed by or for that person or organization.g' Any state or politicalsubdivísion subject to the following provision:
This insurance applies.only with respect to the following hazards for which the srate or political
subdivision has issued I permit in connecticn with premises you own, rent, or control and towhich this insurance applie.s:
(1) The existence, maintenance, repair, construction, erection, or removal of advertising signs,
awnings, canopies, cellar entrances, coalholes, driveways, nnnholes, marquees, noist alayopenings, sídewalk vaults, street banners, or decorationsand similar e*posures;or
(2) The construction, erection, or removalof elevators; or
(3) The ownership, maintenance, or use of any elevators covered by this insurance.
However, the insurance afforded for any organization and subsidiary thereof not named in theDeclarations as a Named lnsured, does not apply to injury or damage with respect tò which aninsured under this endorsement is also an insured under ánother poTicy, or would be an insured
under such policy but for its termination or the exhaustion of its limits of insurance.h' Students in training, but not for "bodily injury'' or "property damage" arising out of his or herrendering or failure to render professionâ sdrvices to'patienté;i. Your members but only w¡th respect to their liability for your activities or activities they perform onyour behalf ;j. Your trustees or members of the board of governors whlle acting withín the scope of their duties
as such on your behalf;
k. Any entity.you are required in a written contract (hereinafter called Additional lnsured) to name asan insured is an insured but only with respect to'liability arising out ot yòui-þi"rËãri'üour work,,for the Additional lnsured, or acts or omissions of the Additiınal lnsured in conneciión with thegeneral supervision of '!our work" to the extent set forth below:
lnsurance does not apply to "bgqily injury," "property damage" or "personal and advertisíng injury,,arising out of the rendering or failúre io iender äny'professìonal särvicãs bt'or f"ìt;;, iñcru'ãìríg
but not limited to:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings,opinions, reports, surveys, field orders, change orders,'or drawingé and specificatioñsj
and
(2) Supervisors, inspection, or engineeríng services.
Any coverage provided under this provision shall be excess over any other valid and
collectible insurance available to the Additional lnsured(s) whether primary, excess,
contingent or on any other basis unless a contract specífically requires tnäi tn¡s insurance beprimary or you request that it apply on a primary basis,
Paragraph 3a. of Seclion ll -llVho ls An lnsured is deleted and replaced by the following:
a. Coverage under this provision is, subject to (1) and (2) below:(1) Effective on the acquisition or formation date; and(21 Afforded only until the end of the policy period.
KNOVI'LEDGE OR NOTICE OF OCCURRENCE
1) As respects any loss reporting requirements under this policy, it is understood and agreed thatknowledge of an 'bccurrence".by an agent, servant or empioyee of yours or any other $rson shallnot in itself constitute knowledge by you, unless a corporate-officeiof yours shall have received
notice from said agent, servant, employee or any othei person,
00 G10295 00 02 09
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Page 3 of 7
G)
H)
2) Your failure to give f irst report of an 'bccurrence" to us shall not invalidate coverage under this
policy if the loss was inadvertently reported to another insurer. However, you shall report
any such "occurrence" to us within a reasonable time once you become aware of such error,
ADVEFfIISI NG I NJU RY - TEL EV|SED, Vt D EOTAPED, O R I NTERNET-BASED pU BL|CATIO Nr) ïhe definition of "Personaland Advertising lnjury" item 14. is changed to read:
"Personal and Advertising lnjury" means ínjury arising out of one or more of the following
offenses:d) Oral, written, televised, videotaped, or internet-based publication of materialthat
slanders or libels a person or organization or disparages a person's or organization's
goods, products, or services;e) Oral, writlen, televised, videotaped, or internet-based publication of materialthat
violates a person's right of privacy;f) Misappropriation of advertising ideas or style of doing business; org) lnfringement of copyright, title, or slogan.
2') Exclusions b. and c. of Coverage 8,, Personaland Advertising lnjury Liability, are changed to
read:a) (2) Arisin.g out of oral, written, televised, videotaped, or internet-based publication of
material, if done by or at the direction of the insured with knowledge of its falsity;b) (3) Arising out of oral, written, televised, videotaped, or internet-bãsed publication of
material whose first publication took place before the beginning of the policy period,
BODILY INJURY -MENTAL ANGUISH
The definition of 'bodily injury" is changed to read:
"Bodily lnjury":a) Bodily injury, sickness, or disease sustained by a person, and includes menlal anguish
resulting from any of these; andb) Except for mental anguish, includes death resulting from the foregoing (item a. above) at any
time.
UNINTENTONAL FAILUFE TO DISCLOSE HAZARDS
It is agreed that, based on our reliance on your representations as to existing hazards, if you should
unintentionally failto disclose all such hazards prior to the beginning of the policy period of this
Coverage Part, we shall not deny coverage under this Coverage Part because of such failure.
LlBERALIZATION
lf we adopt a change in our forms or rules which would broaden your coverage without an additional
premium charge, your policy will automatically provide the additional coverage(s¡ as of the date the
revision is effective in your state,
EXTENDED'PROPEFiTY DAMAGE''
SECTION I _COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE 2.
Exclusions a, is deleted and replaced by the following:1) Expected or lntended lnjury;
"Bodily injury" or "propêrty damage" expected or intended from the
standpoint of the insured. This exclusion does not apply to "bodily injury" or "property
damage" resulting from the use of reasonable force to protect persons or property.
PREMISES SOLD ORABANDONED BY YOU
SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE 2.
Exclusions, Exclusion j. is amended as follows:
Paragraph (2) is replaced by the foltowing:
(2) Premises you sell, give away, or abandon, if the "property.damage" arises out of any part ofthose premises and occurred from hazards that ere knôwri by you or should have
reasonably been known by you, at the time the property was transferred or abandoned.
K)
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L)
M)
ADD¡TIONAL INSURED - FUNDING SOURCE
Under SECTION ll -WHO lS AN TNSURED the foilowing is added:2) Any person or organization with respect to theiriability arising out of:?) Their f inancial controlof you; orb) Premises they own, mainiain, or contror whire you rease or occupy
these premises.
This insurance does not apply to structural alteratlons, new construction, and demolition operationsperformed by or for that person or organization,
ADDITIONAL INSURED - MANAGERS OR LESSORS OF PREMISES
Under SECTION ll -WHO tS AN TNSURED the foilowing is added:1.f. Any person ororganization with respect to theiriabilitl¡ añr¡ng out of theownership, maintenance, or use of that part of the premises bãsed to you, subject to thefollowing additional exclusions:
This insurance does not apply to:a) Any 'bccurrence" which takes place after you cease to be a tenant
in that premises.b) structural alteration, new construction, or demolition operations
performed by or on behalf of that person or organization.
ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT1) Any person or organization is an insured with whom you are required to add as anadditional insured to- this policy by a writt nt, or permit that is:g) currentty r¡-9tle.9tgr becoming effe ticy;andb) executed prior to the 'bodily iñjury, ar"ícÍ advertising
injury".
2) This insurance provided to the additionalinsured. by this endorsement applies as follows:a) That person or organization is only an aooií¡onal insureo wiil.t reörirıitô-l¡àïir¡t¡¡-
caused by your negligent acts or omissions at or from:(1) premises you own, rent, lease, or occupy, or
(21 Your ongoing operations performed for the additional insured at the job
indicated by written contract or written agreement.b) le to the additional insured are those specified in the
ment or in the Declarations of this policy whichever isare inclusive of and not in additiôn tó the timits of
ions.
3) Wth respect to the insurance afforded these additional insured's, the following additionalexclusions apply:a) This insurance does.not apply to 'Bodily inj ring after:(1) allwork, including materials, parts oi ion withsuci work,.on the project (other than ) to beperformed by or on behalf of the addi e coveredoperations has been completed; or
(2) that portion of '!our work" otlt of which the injury or damage arises has beenput to its intended use by any person or orgañization otheithan anothercontractor or subcontractor engaged in performing operations on ói àitnesame project,
b) This ins.urance does not apply. to 'bodily injury," ,'property damage,,, "personal andadvertising injury" caused by the enderíng ôt or tä¡uie tó rendei any'professionalservices.
4l Regardless of whether othe n additional insured on a primary
basis, this insurance will be ry if a written contract Uetween you
and the additional insured s Jnsurance be primary,
N)
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Page 5 of 7
o)GENERAL AGGREGATE LIMIT PER LOCATION
SECTION lll - LIMITS OF TNSURANCE, is amended as follows:2. The General Aggregate Limit is the most we will pay for the sum of:a. Medicalexpenses under Coverage C;b. Damage_s. under Coverage A, except damages because of "bodily injury,'or "property
damage" included in the "productscompleted operations hazard, and
'
c. Damages under Coverage B.
A separate Location General Aggregate Limit applies to each 1ocation" and that limit is equal to the
amount of the General Aggregate Limit shown in the Declarations.
SECTI nded byzg. involvin ing lots, or premises whose
nly by a way or righiof-way of a railroad.
BLANKETSPECIAL EVENTS AND FUND RAISING EVENTS1) This insurance applies.to yo.ur legal liability for ,bodily injury,,, "property damage," and'þersonal and advertisilq iqjurv" arising oút of att yoúr manageil, operäteo oiËþñàıreo
specialevents WITH THE FOLLOWNG EXCEpTTONS:a) Events involving aircraftb) Events invorving automobire or motorcycre races or railiesc) Events involving fireworksd) Events involving firearmse) Events involving live animals, excluding domestic petsf) Carnivals and fairs with mechanicalrides
9) Any event lasting more than three (3) days (including otherwise acceptable events)h) Any event with greater than 1,000 people in attendance (including otherwise
acceptable events)
9overage may be.provided..by endorsement.issued by us and made part of this CoveragePart, and subject to an additiônal premium charge.
P)
o)NON-OWNED WATERCRAFT
SECTION I_COVERAGE A BODILY INJURYAND PROPERTY DAMAGE 2.g.(2) is amended to read as follows:
Exclusions, paragraph
(2) A watercraft you do not own that is:a) Less than 65 feet long, andb) Not being used to carry p€rsons or property for a charge;
This provision applies to any person, who wíth your conseni, either usei or is responsible for the useof a watercraft,
This insurance is excess over any other valid and collectible insurance available to the insured
whether primary, excess, or contingent.
WAIVER OF SUBROGATION
We will waive our. right.of subrogation in the event of a loss, We must be advised in writino, prior tothe loss, of your intention to waive subrogation. We also must know wnom sJ¡roöäi'r;;Ìù Ëe waivedag{nqt lf your request meets our underwriting criteria regarding such waivers, wã will waive ourright. However, we reserve the right to charge additional [remium or to limit the terms anà cànditionsof such waiver.
WAIVEROFIMMUNIW
We will waive, both in the adjustment of claims and in defense of "suits" against the insured, anycharitable or governmental immunity of the insured, unless the insured re-quests, ¡n *iiting,'that *enot do so.
Waiver of immunity, as a defense, will not subject us to liability for any portion of a claim or judgment,
in excess, of the applicable limit of insurance.
vtoLATtoN OF HtcHTS OF RESTDENTS (PAT|ENT'S RtcHTS)
R)
s)
r)
00 G10295 00 02 09
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1) ThE fOIIOWiNg iS AddEd tO SECTION 1 -COVERAGES COVERAGE A BODILY INJURYANDPROPERTY DAMAGE _paragraph 1. lnsuring Agreement:
"Bodily lnjury" damages arising out of the v¡otátioñ of "Rights of Residents,,,shall be deemedan'bccurrence."2) As respects the coverage pt-oliqgg.in p_aragraph A,1. of this endorsement, the following
EXCIUS|ONS ATE AddEd tO SECTION I -COVERAGES coVERAGE A BoDiLY INJURY ANDPROPERTY DAMAGE -2, Exclusions:
This insurance does not apply to:a) Liability arising out of the willfulor intentional violation of "Rights of Residents.,,b) Fines or penarties assessed by a court or reguratory authorit!.c) Liability.arising out of any act or omission ir¡ ttre_ fuinishing, ór failure to f urnish,professional services in the medicaltreatment of resiàenisl3) As respects the violation of "Rights of Residents" coverage, the following definition is addedto SECTTON V - DEF|NtTtONS:
24. "Rights of Residents,,means:a. Any right granted to a resident under any state law regulating your business
as a health care facility,b. ncluded in the United States Department of
g governing participation of lntermediate Care
Facilities, regardless of whether your facility is
U' LIOUOR LIABILIW EXCLUSION - EKCEPNON FOR SPECIAL EVENTS OR FUNDRAISINGEVENTS
SECTION 1. COVERAGES COVERAGE A BODILY INJURYAND PROPERTY DAMAGE 2.Exclusions c. is amended by adding the foilowing suopãiagrapn:
This exclus.ion .d99t not apply to "bodily injury" or "property damage" arising out of the selling,serving or furnishing of alcoholic beveragés át any'special'eventsär trnJr"jrJñò events related tothe insured's business,
V. EMPLOYEE CRIMINAL DEFENSE COVERAGE
Under SUPPLEMENTARY PAYMENTS - COVEHAGES A AND B, the foilowing is added:
3' We will Pây, on your behalf, defense costs incurred by an "employee" in a criminal proceeding.
The alleged criminal act must arise out of the "employee's" work performed on your behalf ,
The most *9 YII-P.Y for any "employee" who is alleged to be directly involved in a criminalproceeding is $25,000 regardless of the number of "ãmployees", claims oi-,'rritr" brought oipersons or organizations making claims or bringing 'buits,,.
All other terms and conditions of this policy remain unchanged.
Endorsement Number:
Policy Number; NTpKGO 0 0 53 0 7
Named lnsured: WESTCARE FOUNDATf ON, INC.
This endorsement is effective on the inception date of this Policy unless otherwise stated herein:
Endorsement Effective Date:
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
SOCIAL SERVICES PREMIER AUTO ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the:
BUSINESS AUTO COVERAGE FORM
Wt[i::ittt:i;tJi:tn"
provided bv this endorsement, the provisions or the coverage Form appry unress modiried
1. TEMPORARY SUBSTITUTE AUTOS PHYSICAL DAMAGE
The following is added to Section I _Covered Autos:
D. Temporary Subslitute Autos _physlcal Damage
,[i,:Yì:.31,?#åli,3r.fr.Tåf ji;J:o* by this coverage Form ror an 'auto,,you own and that covered
1. Breakdown;
2. Repair;
3. Servicing;
4. ,,Loss"; or
S. Destruction
2. EMPLOYEES OR VOLUNTEER WORKERS AS INSUBEDS
The following is added to Paragraph 4.1. who ls An lnsured of secüon ll - uatility coverage:
d' Your "employee" or "volunteer worker" while using a covered "auto,,yos do not own, hire or borrow whileperforming duties rerated to the conduct of your business.
ïhis insurance shail be excess over any other varid and coilectibre insurance.
3. BOARD MEMBERS
The following is added to Paragraph 4.1. \Mro ls An lnsured of section ll - Llabillty coverage:
e' Your elected or appointed board members while using a covered 'huto,,yoLr do not own, hire or borrow, whileperforming duties related to the conduct of your uusineıs. Àñyãnãetse wtro turnishãs t't,"i urto,,is also an ,însured,,.
This insurance shail be excess over any other varid and coilectibre insurance.
4. ADDITIONAL INSUREDS -CONTRACT, AGREEMENT OR PERMIT
The following is added to Paragraph A'1. who ls An lnsured of secüon il - LlaHlity coverage:
f' Any person or organization with whom you agreed, in a written contract, agreement or permit, to provideinsurance such as is afforded under this coiãt"gã Pari, but ò.i}, *¡t-rr respect to your ownership, maintenance or use
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of a covered 'huto"' This provision only applies if the written contract or agreement has been executed or permitissued prior to the "bodily injury" or "pioperty damage,'.
ect to the person or organization included as an
or organization has shall be excess and nol
only applies if it is required in the written contract,
by law.
g' A "Funding source" being any person or organization with respect to their liability arising out of their financialcontrol of you.
5. EMPLOYEE HIRED AUTOS. LIABILIW
The following is added to Paragraph 4.1. \Mho ls An lnsured of Seclion ll - Uatrility Goverage:
h' r a commissioner, officer or member of yourco a covered "auto" ñired or rented under á writteneu d or appointed official, with your permission, whitepe
ect to the person or organization included as an
or organizalion has shall be excess and not
only applies if it is required in the written contract,
by law.
6. SUPPLEMENTARY PAYMENTS
Paragraphs a'(2) and a.(4) of supplenentary Paynents in Paragraph 4.2. coverage Extensions of seclion ll -Liability Coverage are replaced by the following:
(2) Up to $5,000 for cost of bail.bonds (including bonds for related traffic law violations) required because of an"accident" we cover. We do not have to iurnish tñese bonds.
[?ri|::it:tåll¡ri3ñïffi iîitLo ou the "insured" at our request, inctudins actuar ross or earnings up ro g400 per
7. TOWNG AND GLASS BREAKAGE
Paragraph 4.2. Towing of seclion lll - Physlcat Darnage corcrage is replaced by the following:
2. Towing
We will paI uP to $250 per disablement for towing and labor costs incurred each time a covered ,ãuto,,is disabled.However, the labor muét be pedormed at tire praıe oro¡saoumãÀt.
-
Paragraph A'3. Glass Breakage of Section lll - Physlcal Damage Goverage is replaced by the following:
3. Glass Breakage -Hifling A Etird or Antmal-Falltng obþcts or Mssiles
lf you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following underComp.rehensive Coverage without aþplication of a déductible:a. Glass breakage;orb. "Loss" caused by hitting a bird or animal; andc. "Loss" caused by falling objects or missiles.
However, you have the option of having glass breakage caused by a covered ,,auto,s,,collision or overturn considereda "loss" under Collision Coverage
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8' PHYSICAL DAMAGE -TRANSPORTATION EXPENSE COVERAGE
Paragraph A'4'a' Transportation Expenses of section lll - Physical Damage coverage is replaced by the following:
9. PHYSICAL DAMAGE -LOSS OF USE EXPENSES
Paragraph A'4'b' Loss of use Expenses of secüon lll - Physical Damage coverage is replaced by the following:
b. Loss Of Use Expenses
For
loss will pay expenses for which an,uinsured" becomes legally responsible to pay for
loss d without a driver, under a written rental contráci oiågr.rr.nt. we will pay for
l?r.?:fttLi,.collision onlv if the Declarations indicate that comprehensive coverage is provided for any
[?f'!ffi||1"Îiffi"iålåi,ì"1i!,,.n the Decrarations indicate that speciried causes or Loss coverage is
(3) collision only if the Declarations indicate that collision coverage is provided for any covered ,huto,,.
i',;,ffi:;ir:
most we will pav for any expenses for loss of use is $50 per day, subjecr to a maximum of g1,500 per
10. COVERAGE EXTENSIONS - PHYSICAL DAMAGE
The following are added to Paragraph 4.4- coverage Exbnsions of secüon lll - physicat Damage coverage:
c. Rental Fleimbursernent
ê sr the rental of an ss,,to af mum- period of 30 d auto. The
; loss,,io any one c itreióiicv
,-
d. PersonalEffects
lf verage is provided on this coverage own and that covered ,,auto,,is withóut application ol a deductiblã, ts stolen with that covered"a is excess over any other collectiblem v ' vr sr '' v't rer vvrreurrurv not include tools, jewelry,
e. Hired Auto physical Darmge
Physical Damage coverage is provided for cov-ered 'hutos" you hire without drivers to the same extent asPhysical Damage Coverage foi covered ,,autoi,,yo, o*n, Li."pi;" - "
(1) The most we wiil pay for "ross" ín any one ,'accident,,is the resser of:
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(a) The actual cash value of the damaged or stolen property as of the time of the ,,loss,'; or
"'!!g!!ir'?,i',:53'lÅ:"J,',ïliîi'$trfåi?fl:i:::l:iîJ,':';fflå,ïH 3liì¡J,:ïf,:ï:;JJ,r;,j'il,appricabre to any "ross" except ',ross" caused by fire or rigr,üi;ä. - ' '-
(2) Subject to Paragraph e.(1), of this endorsement, we will provide coverage equal to the broadest physicalDamage coverage applicable to any covered ,,auio,,.
f' LinÚted Physical Damage Deduclible coverage For Employees or volunteer workers
At your request, we will pay up to $1,000 as reimbursement of deductible payments made by your ,,employee,,or
;iTlüiitffiI?l;i3iîti;,ilìT''"' Damase coverageot tn"
"'provee's'íor'voruntói *orker,."pöri.l, oJ
-
(1) The loss" is to an "auto" owned by the "employee" or "volunteer worker,,but not hired or borrowed byyou; and
in
sof
11. AIRBAG COVERAGE AND FREEZING OF PERMANENTLY ATTACHED EQUIPMENT
The following is added to paragraph 8.3.a. of secrion lll - physicar Damage coverage:
12. ELECTRONIC EQUIPMENT - BROADENED COVERAGE
Paragraph 8.4.c. of Seclion lll - Physical Darnage coverage is replaced by the following:
c' Any electronic equipment t ¿udio, vlsual or data signals, and that is not designedsolely for the reproduction of tly insialled ¡n Úre cãváräàìzuio,,or unless the housingunit for removable equipment in the covered 'huto,,.
13. PHYSICAL DAMAGE -COMPREHENSIVE COVEFAGE -DEDUCTIBLE
The following is added to Paragraph D. Deductible of section lll - phystcal Damage coverage
Regardless of the number of covered 'hutos" damaged or stolen, the maximum deductible that will be applied tocomprehensive coverage for ail "ross" from any one cause ¡s $s,ooo.
14. KNOWLEDGE AND NOTICE OFACCIDENT
The following is added to Paragraph 4.2. Dulies ln The Event of Acciden! Glaim, suit or Loss of section lv -Business Auto Gondiüons :
d' The failure of any agent, servant, 'volunteer worker".or uemployee" of the ,,insured,,, other than an ',employee,,authorized by you to give or receive notice of an 'hccident", ctainr,ìsu¡t,or ,,loss,,, to notify us of any ,hccident,,of
which he or she has knowledge, shall not invalidate insuraÅce atiàùão u¡l tris päiicy.-''' ""
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15. EMPLOYEE HIRED AUTOS -PHYSICAL DAMAGE
åî,ttrü$i
B'5' other lnsurance, subparagraph b. of section tV - Business Auro conditions, is reptaced by rhe
b' For Hired Auto Physical Damage coverage, the following are deemed to be covered ,,autos,,you own:
(1) Any covered 'ãuto,,you lease, hire, rent or borrow; and
(2) Any "auto,'h
elected or appoi tered-into by an "employee" or
of that',emptoye *i,hl1.!F.9urse.and scope
leased, niré., iÀ u' However, any "auto" that is
16. VOLUNTEER WORKER
The following is added to Section V _ Defintüons:
'volunteer worker" means u gmployee", and who donates his or her work and acts at thetffiiLff:ilijiitî:: d bv vôu, ånJi. not paio atee, sJaiy or otner compensarion by
17. LOAN/LEASE GAP
am.ended by the addition of the followino:
Ë'ä'*',ä.'iJl,".::ffir#fi ä':,'.J,iiru;:îJl'i!åHiiif ,3å:iïI
1' The amount paid under the physicar Damage coverage section of the poricy; and2. Any:
,,loss,,;
xcessive use, abnormalwear and tear or high mileage.
rance, Health, Accident or Disability lnsurance purchased
e. Carry-over balances from previous loans or leases.
18. FELLOW EMPLOYEE
The Fellow Employee Exclusion contained in section ll {iability coverage does not apply.
All other terms and conditions of the policy remain unchanged.
Endorsement Number:
Policy Number: NTAUT0 OO27Oj
Named lnsured:VüESTCARE FOUNDATION, INC.
This endorsement is effective on the inception date of this policy unless otherwise stated hereln:
Endorsement Effective Date:
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EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emerqencv Solutions Grant
PROJECT TITLE
YES"NO
1 Are you currently in litigation with the city of Fresno or any of its
agents?n V
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
n V
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
n V
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
city of Fresno, or in a business which is in litigation with the city of
Fresno?
n (
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this serviceã n 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?n {
* lf the answerto any question is yes, p@
Explanation:
WestCare California
Attention: Shawn Jenkins, Senio
President
1505 N Chestnut
Fresno, CA 93703
Phone: (559) 251-4800
FAX: (559) 537-7827
! Additional page(s) attached.
Senior Vice President
PRC 1 0/'10-07-04
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