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HOME INVESTMENT PARTNERSHIPS PROGRAM SUBRECIPIENT
AGREEMENT BETWEEN THE CITY OF FRESNO AND THE FRESNO
HOUSING AUTHORITY REGARDING TENANT BASED RENTAL
ASSISTANCE
THIS HOME Investment Partnerships Program Subrecipient Agreement(the Agreement)
is made and entered into, effective the APRIL 1, 2021, by and between the CITY OF
FRESNO, California, a municipal corporation, acting through its Planning and
Development Department, Housing and Community Development Division (GRANTEE),
and the HOUSING AUTHORITY CITY OF FRESNO (SUBRECIPIENT).
WHEREAS, the GRANTEE has received a HOME Investment Partnerships Program
(HOME Program) grant from the U.S. Department of Housing and Urban Development
(HUD), under Title II of the Cranston-Gonzalez National Affordable Rental Housing Act of
1990, as amended (the Act).
WHEREAS, the GRANTEE is a recipient of HOME Program funding for fiscal year 2019-
2020 (FY 2020) for use in funding eligible activities furthering established in project
objectives to benefit its low and moderate income residents as defined in the Act; and
WHEREAS, the GRANTEE in accordance with its PY 2015-2019 and PY2020-2024
Consolidated Plans and PY 2019-2020 and PY 2020-2021 Annual Action Plans, as
amended, desires to designate SUBRECIPIENT to administer a portion of its HOME
Program to provide rental assistance to homeless persons or those threatened with
homelessness, as more fully described in Exhibit A, Scope of Services, upon the terms
and conditions in this Agreement; and
WHEREAS, the SUBRECIPIENT is designated to carry-out all actions necessary to
implement the HOME Program objectives of providing and preserving affordable housing
to eligible lower income individuals and households; and
WHEREAS, to further its goal to provide funding for the homeless and those threatened
with homelessness within the City of Fresno, the GRANTEE desires to provide the
SUBRECIPIENT with a $1,378,789 grant to implement the Tenant Based Rental
Assistance Program (TBRA).
WHEREAS, pursuant to City Resolution No. 2020-237, the City Manager is authorized to
execute, on behalf of the GRANTEE, HOME agreements that are within available
allocated HOME funding and in a standard form approved by the City Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that:
I. SCOPE OF SERVICE
A. SUBRECIPIENT Activities
In accordance with federal HOME Program regulation 24 CFR §92,
SUBRECIPIENT agrees to utilize funds made available under this Agreement for
the purpose of implementing the Program for homeless persons in accordance
with the definitions and requirements of the HOME Program and this Agreement
HOME TBRA Agreement 2020—8/5/2020 1
as described in the Scope of Services and Budget set forth in Exhibits A and B
respectively.
The SUBRECIPIENT will be responsible for administering the TBRA (Program) in
a manner satisfactory to the GRANTEE and consistent with any standards
required as a condition of providing these funds. Such program will include the
following activities eligible under the HOME program:
1. Assist eligible households with rent payments payable to the
property owner(s), or the property owner representative(s), or
property management company, hereinafter referred to as
"landlord(s)", on behalf of the eligible resident experiencing
homelessness during the City's FY 2021 and FY 2020-2021 Annual
Action Plan program years.
2. Provide rental assistance in the form of security deposit move-in
assistance and/or monthly subsidized housing assistance to
approximately ninety-six eligible residents with incomes from
extremely low-income to very-low incomes.
3. Target rental program assistance to extremely low to very low-
income individuals/households who are:
a) Persons that are homeless; or
b) Persons transitioning from homeless program; or
c) Persons who are chronically homeless and appropriate for a
rapid rehousing solution.
d) Persons at imminent risk of becoming homeless.
4. Maintain client files and documentation of program eligibility.
B. GRANTEE Activities
GRANTEE will oversee SUBRECIPIENT's administration of the Program to
ensure compliance with any standards required as a condition of providing
HOME Program funds. GRANTEE will also perform the following activities under
the Program:
1. Administer the TBRA Program, in conjunction with the City of
Fresno FY 2020-2021 Annual Action Plan;
2. Adhere to the written program procedures attached hereto as
Exhibit A— City of Fresno HOME TBRA Program Procedures.
3. Review and monitor for Program compliance and efficiency.
4. Manage and remit all reimbursement requests.
5. Report to HUD via the Integrated Disbursement Information System
(IDIS), using, in part, data provided by SUBRECIPIENT.
6. Monitor all SUBRECIPIENT activities to ensure compliance with the
terms of the Agreement and all HOME requirements.
HOME TBRA Agreement 2020—8/5/2020 2
C. Program Objectives
GRANTEE has determined, and SUBRECIPIENT certifies, that the activities
carried out under this Agreement further the policy and intent of the HOME
Program goals and objectives.
D. Performance Monitoring
GRANTEE will monitor the performance of the SUBRECIPIENT against goals
and performance standards as stated above. Substandard performance as
determined by the GRANTEE will constitute noncompliance with this Agreement.
If action to correct such substandard performance is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the
GRANTEE, contract suspension or termination procedures will be initiated.
II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 1st day of JANUARY, 2021,
and end on the 31 ST day of DECEMBER, 2022. The term of this Agreement and
the provisions herein shall be extended to cover any additional time period during
which the SUBRECIPIENT remains in control of HOME funds or other HOME
assets, including Program Income.
III. BUDGET
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with
the Proposed Budget attached hereto as Exhibit B and incorporated herein,
provided that the specific line item amounts in said Budget may be varied, added
and/or stricken, and further provided that in any event total Grant funds disbursed
in pursuit of said Budget shall not exceed in the aggregate the lesser of
$1,378,789 GRANTEE's available and allocated HOME Program Funding during
the term hereof.
Any indirect costs charged must be consistent with the conditions of Paragraph
VIII (C)(2) of this Agreement. In addition, the GRANTEE may require a more
detailed budget breakdown than the one contained herein, and the
SUBRECIPIENT shall provide such supplementary budget information in a timely
fashion in the form and content prescribed by the GRANTEE. Any amendments
to the budget must be approved in writing by both the GRANTEE and the
SUBRECIPIENT.
IV. PAYMENT
SUBRECIPIENT's sole source of compensation hereunder will be in the form of a
grant of HOME Program funds as described herein. It is expressly agreed and
understood that the total amount to be paid by the GRANTEE under this
Agreement shall not exceed $1,378,789. Reimbursements for the payment of
eligible expenses shall be made against the line item budgets specified in
Paragraph III herein and in accordance with performance. Expenses for general
administration shall also be paid against the line item budgets specified in
Paragraph III and in accordance with performance. GRANTEE shall pay all
approved requests for payment pursuant to this Agreement within the normal
HOME TBRA Agreement 2020—8/5/2020 3
course of business, within thirty (30) days of receipt. If GRANTEE disallows any
cost submitted by SUBRECIPIENT, within ten business days GRANTEE will
provide written notification to SUBRECIPIENT of the disallowance, including any
corrective action necessary to process payment.
SUBRECIPIENT shall use the funds provided by GRANTEE solely in pursuit of
providing rental assistance to the targeted population. All funds are paid
contingent upon SUBRECIPIENT's continuous compliance with all applicable,
uniform administrative requirements, program regulations, and recapture and
reversion requirements set out in the Act and this Agreement. Any unearned or
recaptured HOME Program funding shall be returned to the GRANTEE within
thirty days of the earlier of termination of this Agreement or notice by GRANTEE.
Any interest earned or received by the SUBRECIPIENT thereon shall be remitted
to the GRANTEE. Notwithstanding any payment provisions herein,
SUBRECIPIENT's failure to timely and properly submit required records and
reports set forth in this Agreement may be cause for GRANTEE to suspend or
delay reimbursement payments to SUBRECIPIENT.
SUBRECIPIENT understands and agrees that the availability of HOME Program
Funds is subject to the control of HUD, or other federal agencies, and should the
HOME Funds be encumbered, withdrawn or otherwise made unavailable to
GRANTEE, whether earned by or promised to SUBRECIPIENT, and/or should
GRANTEE in any fiscal year hereunder fail to allocate said Funds, GRANTEE
shall not provide said Funds unless and until they are made available for
payment to GRANTEE by HUD and GRANTEE receives and allocates said
Funds. No other funds owned or controlled by GRANTEE shall be obligated
under this Agreement to the Project(s).
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile
or other electronic means. Any notice delivered or sent as aforesaid shall be
effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless otherwise modified by subsequent written
notice.
Communication and details concerning this Agreement shall be directed to the
following representatives:
GRANTEE SUBRECIPIENT
City of Fresno HOUSING AUTHORITY CITY OF FRESNO
Development and Resource ATTN: ANGELINA NGUYEN
Management Department/Housing INTERIM CHIEF EXECUTIVE OFFICER
& Community Development Division 1331 FULTON STREET
Attn: Thomas Morgan FRESNO, CA 93721
2600 Fresno Street Room 3070
Fresno, CA 93721
HOME TBRA Agreement 2020—8/5/2020 4
VI. GENERAL CONDITIONS
A. Implement of Project
The SUBRECIPIENT shall implement this Agreement in accordance with
applicable Federal, State, and City laws, ordinances and codes. Should a
Project receive additional funding after the commencement of this Agreement,
the SUBRECIPIENT shall notify the GRANTEE in writing within thirty days of
receiving notification from the funding source and submit a cost allocation plan
for approval by the GRANTEE within forty-five days of said official notification.
B. Debarment
SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any Federal Department or agency; and,
that the SUBRECIPIENT shall not knowingly enter into any lower tier contract or
other covered transaction, with a person who is similarly debarred or suspended
from participating in this covered transaction.
C. General Compliance
The SUBRECIPIENT agrees to comply with any applicable laws, ordinances,
regulations and orders of the State, local and Federal governments, including but
not limited to: the requirements of Title 24 of the Code of Federal Regulations,
Part 92 (the U.S. Housing and Urban Development regulations concerning
HOME Investment Partnerships Program (HOME) including subpart H of these
regulations, except that (1) the SUBRECIPIENT does not assume the recipient's
environmental responsibilities described in 24 CFR 92.352 and (2) the
SUBRECIPIENT does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. The SUBRECIPIENT
also agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this Agreement.
The SUBRECIPIENT further agrees to utilize funds available under this
Agreement to supplement rather than supplant funds otherwise available.
D. Independent Contractor
In furnishing the services provided for herein, SUBRECIPIENT is acting solely as
an independent contractor. Neither SUBRECIPIENT, nor any of its officers,
agents or employees shall be deemed an officer, agent, employee, joint venturer,
partner or associate of GRANTEE for any purpose. GRANTEE shall have no
right to control or supervise or direct the manner or method by which
SUBRECIPIENT shall perform its work and functions. However, GRANTEE shall
retain the right to administer this Agreement so as to verify that SUBRECIPIENT
is performing its obligations in accordance with the terms and conditions thereof.
This Agreement does not evidence a partnership or joint venture between
SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to
bind GRANTEE absent GRANTEE's express written consent. Except to the
HOME TBRA Agreement 2020—8/5/2020 5
extent otherwise provided in this Agreement, SUBRECIPIENT shall bear its own
costs and expenses in pursuit thereof.
Because of its status as an independent contractor, SUBRECIPIENT and its
officers, agents and employees shall have absolutely no right to employment
rights and benefits available to GRANTEE's employees. SUBRECIPIENT shall
be solely liable and responsible for all payroll and tax withholding and for
providing to, or on behalf of, its employees all employee benefits including,
without limitation, health, welfare and retirement benefits. In addition, together
with its other obligations under this Agreement, SUBRECIPIENT shall be solely
responsible, indemnify, defend and save GRANTEE harmless from all matters
relating to employment and tax withholding for and payment of SUBRECIPIENT's
employees, including, without limitation, (i) compliance with Social Security and
unemployment insurance withholding, payment of workers compensation
benefits, and all other laws and regulations governing matters of employee
withholding, taxes and payment; and (ii) any claim of right or interest in
GRANTEE employment benefits, entitlements, programs and/or funds offered
employees of GRANTEE whether arising by reason of any common law, de
facto, leased, or co- employee rights or other theory. It is acknowledged that
during the term of this Agreement, SUBRECIPIENT may be providing services to
others unrelated to GRANTEE or to this Agreement.
E. Indemnification
To the furthest extent allowed by law including California Civil Code section
2782, SUBRECIPIENT shall indemnify, hold harmless and defend GRANTEE
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) incurred by GRANTEE, SUBRECIPIENT or any
other person, and from any and all claims, demands and actions in law or equity
(including attorney's fees and litigation expenses), arising or alleged to have
arisen directly or indirectly out of performance of this Agreement.
SUBRECIPIENT's obligations under the preceding sentence shall apply
regardless of whether GRANTEE or any of its officers, officials, employees,
agents or volunteers are passively negligent, but shall not apply to any loss,
liability, fines, penalties, forfeitures, costs or damages caused by the active or
sole negligence, or willful misconduct, of GRANTEE or any of its officers,
officials, employees, agents or volunteers.
If SUBRECIPIENT should contract or subcontract all or any portion of the work to
be performed under this Agreement, SUBRECIPIENT shall require each
SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend
GRANTEE and each of its officers, officials, employees, agents, and volunteers
in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
HOME TBRA Agreement 2020—8/5/2020 6
F. Workers' Compensation
The SUBRECIPIENT shall provide Workers' Compensation Insurance coverage
for all of its employees involved in the performance of this Agreement.
G. Insurance & Bonding
The SUBRECIPIENT shall comply with the bonding and insurance requirements
set forth in 24 CFR 84.31 and 84.48. The SUBRECIPIENT shall additionally
carry sufficient insurance and bond coverage as set forth in Exhibit E.
H. Recognition
The SUBRECIPIENT shall acknowledge the contribution of the HOME Program
in all published literature, brochures, programs, flyers, etc., during the term of this
Agreement. The SUBRECIPIENT shall also insure recognition of the role of the
GRANTEE in providing services through this Agreement. All activities, facilities
and items utilized pursuant to this Agreement shall be prominently labeled as to
funding source. In addition, the SUBRECIPIENT will include a reference to the
support provided herein in all publications made possible with funds made
available under this Agreement.
I. Sub-Contracts
Any work or services subcontracted by SUBRECIPIENT shall be specified by
written contract or agreement, and such subcontracts shall be subject to each
provision of the Agreement and applicable City, State and Federal guidelines and
regulations. Prior to execution by the SUBRECIPIENT of any subcontract
hereunder, such subcontracts must be submitted by the SUBRECIPIENT to the
GRANTEE for its review and approval, which will specifically include a
determination of compliance.
This review also includes ensuring that all consultant contracts and fee
schedules meet the minimum standards established by the City, State and HUD.
Reimbursements for such services will be made at the SUBRECIPIENT's cost.
None of the work or services covered by this Agreement, including but not limited
to consultant work or services, shall be subcontracted by the SUBRECIPIENT or
reimbursed by the City without prior written approval.
J. Amendments
The GRANTEE or SUBRECIPIENT may amend this Agreement at any time
provided that such amendments make specific reference to this Agreement, and
are executed in writing, signed by a duly authorized representative of each
organization, and approved by the GRANTEE's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the
GRANTEE or SUBRECIPIENT from its obligations under this Agreement.
The GRANTEE may, in its discretion, amend this Agreement to conform with
Federal, state or local governmental guidelines, policies and available funding
amounts, or for other reasons. If such amendments result in a change in the
funding, the scope of services, or schedule of the activities to be undertaken as
HOME TBRA Agreement 2020—8/5/2020 7
part of this Agreement, such modifications will be incorporated only by written
amendment signed by both GRANTEE and SUBRECIPIENT.
K. Suspension or Termination
In accordance with 24 CFR 85.43, the GRANTEE may suspend or terminate this
Agreement if the SUBRECIPIENT materially fails to comply with any terms of this
Agreement, which include (but are not limited to) the following-
1. Failure to comply with any of the rules, regulations or provisions
referred to herein, or such statutes, regulations, executive orders,
and HUD guidelines, policies or directives as may become
applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely
and proper manner its obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement,
or
4. Submission by the SUBRECIPIENT to the GRANTEE reports that
are incorrect or incomplete in any material respect.
In accordance with 24 CFR 85.44, this Agreement may also be terminated for
convenience by either the GRANTEE or the SUBRECIPIENT, in whole or in part,
by setting forth the reasons for such termination, the effective date, and, in the
case of partial termination, the portion to be terminated. However, if in the case
of a partial termination, the GRANTEE determines that the remaining portion of
the award will not accomplish the purpose for which the award was made, the
GRANTEE may terminate the award in its entirety.
L. Fiscal Limitations
HUD may in the future place programmatic or fiscal limitation on HOME Program
funds not presently anticipated. Accordingly, the GRANTEE reserves the right to
revise this Agreement in order to take account of actions affecting HUD program
funding. In the event of funding reduction, the GRANTEE may reduce the
Allocated Funding of this Agreement, and may, at its sole discretion, limit the
SUBRECIPIENT's authority to commit and spend funds. Where HUD has
directed or requested the GRANTEE to implement a reduction in funding, with
respect to funding for this Agreement, the City Manager, or his/her Designee,
may act for the GRANTEE in implementing and effecting such a reduction in
revising the Agreement for such purpose. The City Manager or his/her Designee
may act for the GRANTEE in suspending the operation of this Agreement for up
to sixty (60) days, upon three (3) days' prior written notice to the SUBRECIPIENT
of his/her intention to so act. In no event, however, shall any revision made by
the GRANTEE affect expenditures and legally binding commitments made by the
SUBRECIPIENT before it received notice of such revision, provided that such
amounts have been committed in good faith and are otherwise allowable and that
such commitments are consistent with HUD cash withdrawal guidelines.
VII. ADMINISTRATIVE REQUIREMENTS
HOME TBRA Agreement 2020—8/5/2020 8
A. Financial_Management
1. Accounting Standards
SUBRECIPIENT agrees to comply with 24 CFR Part 84 and agrees
to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred. SUBRECIPIENT shall
further adhere to any other accounting requirements included in this
Agreement or the Program Manual.
2. Cost Principles
SUBRECIPIENT shall administer its program in conformance with
The Cost Principles contained in A-122, "Cost Principles for Non-
Profit Organizations." These principles shall be applied for all costs
incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keening
1. Records to be Maintained
The SUBRECIPIENT shall maintain all records required by the
Federal regulations specified in 24 CFR 92.508 that are pertinent to
the activities to be funded under this Agreement. Such records shall
include but not be limited to:
a. Records of individual client files including but not limited to
documentation: the assessment of homelessness or
threatened homelessness; documentation of income
eligibility; and housing placement.
b. Financial records and other records necessary to document
compliance with Subpart H of 24 CFR Part 92.
2. Retention
The SUBRECIPIENT shall retain all financial records, supporting
documents, statistical records, and all other records pertinent to the
Agreement for a period of five years. The retention period begins
on the date the GRANTEE prepares the Certificate of Completion.
Notwithstanding the above, if there is litigation, claims, audits,
negotiations or other actions that involve any of the records cited
and that have started before the expiration of the five-year period,
then such records must be retained until completion of the actions
and resolution of all issues, or the expiration of the five-year period,
whichever occurs later.
3. Closeouts
The SUBRECIPIENT's obligation to the GRANTEE shall not end
until all close-out requirements are completed. Activities during this
close-out period shall include, but are not limited to: making final
payments, disposing of Program assets (including the return of all
HOME TBRA Agreement 2020—8/5/2020 9
unused materials, equipment, unspent cash advances, Program
income balances, and accounts receivable to the GRANTEE), and
determining the custodianship of records. Notwithstanding the
foregoing, the terms of this Agreement shall remain in effect during
any period that the SUBRECIPIENT has control over HOME
Program funds, including Program income.
4. Audits & Inspections
All SUBRECIPIENT records with respect to any matters covered by
this Agreement shall be made available to the GRANTEE, grantor
agency, and the Comptroller General of the United States or any of
their authorized representatives, at any time during normal
business hours, as often as deemed necessary, to audit, examine,
and make excerpts or transcripts of all relevant data. Any
deficiencies noted in audit reports must be fully cleared by the
SUBRECIPIENT within 30 days after receipt by the
SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with the
above audit requirements will constitute a violation of this
Agreement and may result in the withholding of future payments.
The SUBRECIPIENT hereby agrees to have an annual agency
audit conducted in accordance with current GRANTEE policy
concerning SUBRECIPIENT audits and OMB Circular A-133.
C. Re ortina and Payment Procedures
1. Program Income
The SUBRECIPIENT shall promptly remit to the GRANTEE all
Program income (as defined at 24 CFR 92.504(c)(2)(ii)) generated
by activities carried out with HOME funds made available under this
Agreement.
2. Indirect Costs
If indirect costs are charged, the SUBRECIPIENT will develop an
indirect cost allocation plan for determining the appropriate
SUBRECIPIENT's share of administrative costs and shall submit
such plan to the GRANTEE for approval, in a form specified by the
GRANTEE.
3. Payment Procedures
The GRANTEE will pay to the SUBRECIPIENT funds available
under this Agreement based upon information submitted by the
SUBRECIPIENT and consistent with any approved budget and
GRANTEE policy concerning payments. Payments will be made for
eligible expenses when needed by the SUBRECIPIENT for
payment of eligible costs, and not to exceed actual cash
requirements. Payments will be adjusted by the GRANTEE in
accordance with fund and program income balances available in
SUBRECIPIENT accounts. In addition, the GRANTEE reserves the
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right to liquidate funds available under this Agreement for costs
incurred by the GRANTEE on behalf of the SUBRECIPIENT.
4. Pro ress Reports
The SUBRECIPIENT shall submit regular Progress Reports to the
GRANTEE in the form, content, and frequency as required by the
GRANTEE.
D. Procurement
1. OMB Standards
Unless specified otherwise within this Agreement, the
SUBRECIPIENT shall procure all materials, property, or services in
accordance with the requirements of 24 CFR 84.40-48.
2. Travel
The SUBRECIPIENT shall not use any HOME funds for any travel
outside the metropolitan area with funds provided under this
Agreement.
E. Use and Reversion of Assets
The use of HOME funds under this Agreement shall be in compliance with
the requirements of 24 CFR Part 84 and 24 CFR 92.504(c)(2)(vii), as
applicable, which include but are not limited to the following-
1. The SUBRECIPIENT shall transfer to the GRANTEE any HOME
Program funds on hand and any accounts receivable attributable to
the use of funds under this Agreement at the time of expiration,
cancellation, or termination.
2. Any real property acquired by SUBRECIPIENT for the purpose of
carrying on the projects stated herein, and approved by the
GRANTEE in accordance with the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 and 49 CFR part
24, shall be subject to the provisions of the HOME Program
regulations including, but not limited to, the provision on use and
disposition of property.
VIII. RELOCATION
If and to the extent that construction of the proposed Project results in the
permanent or temporary displacement of residential tenants, home-owners or
businesses, SUBRECIPIENT shall comply with all applicable local, state, and
federal statutes and regulatory with respect to relocation planning, advisory
assistance and payment of monetary benefits. SUBRECIPIENT shall notify the
GRANTEE and prepare a Relocation Plan in accordance with 49 CFR Part 24.
HOME Program funds are an eligible source to provide relocation benefits.
HOME TBRA Agreement 2020—8/5/2020 11
IX. PERSONNEL & PARTICIPANT CONDITIONS
A. Civil
1. Cow
The SUBRECIPIENT agrees to comply with all applicable City,
State and Federal guidelines including, but not limited to Title VI of
the Civil Rights Act of 1964 as amended, Title VIII of the Civil
Rights Act of 1968 as amended, Section 504 of the Rehabilitation
Act of 1973, the Americans with Disabilities Act of 1990, the Age
Discrimination Act of 1975, Executive Order 11063, and Executive
Order 11246 as amended by Executive Orders 11375, 11478,
12107 and 12086.
2. Nondiscrimination
The SUBRECIPIENT agrees to comply with the non-discrimination
in employment, contracting opportunities, programs and activities,
laws, regulations, and executive orders referenced in Subpart F
Section 282 of Title II of the Cranston Gonzales National Affordable
Housing Act, as amended
3. Section 504
The SUBRECIPIENT agrees to comply with all Federal regulations
issued pursuant to compliance with Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits
discrimination against the individuals with disabilities or handicaps
in any Federally assisted program. The GRANTEE shall provide the
SUBRECIPIENT with any guidelines necessary for compliance with
that portion of the regulations in force during the term of this
Agreement.
B. Affirmative Action
1. Affirmative Marketing
SUBRECIPIENT agrees that it shall be committed to carry out
pursuant to the GRANTEE's specifications an Affirmative Marketing
Plan as set forth in 24 CFR 92.351(a).
2. Approved Plan
The SUBRECIPIENT agrees that it shall be committed to carry out
pursuant to the GRANTEE's specifications an Affirmative Action
Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The GRANTEE
shall provide Affirmative Action guidelines to the SUBRECIPIENT
to assist in the formulation of such program. The SUBRECIPIENT
shall submit a plan for an Affirmative Action Program for approval
prior to the award of funds, as applicable.
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3. Women- and Minority-Owned.Businesses (WJMBE)
The SUBRECIPIENT will use its best efforts to afford small
businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in
the performance of this contract. As used in this contract, the terms
"small business" means a business that meets the criteria set forth
in section 3(a) of the Small Business Act, as amended (15 U.S.C.
632), and "minority and women's business enterprise" means a
business at least 51% owned and controlled by minority group
members or women. For the purpose of this definition, "minority
group members" are African-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-
Americans, and American Indians. The SUBRECIPIENT may rely
on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent
investigation.
4. Access to Records
The SUBRECIPIENT shall furnish and cause each of its own
SUBRECIPIENTs or subcontractors to furnish all information and
reports required hereunder and will permit access to its books,
records and accounts by the GRANTEE, HUD or its agent, or other
authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions
stated herein.
5. Notifications
The SUBRECIPIENT 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, to be
provided by the agency contracting officer, advising the labor union
or worker's representative of the SUBRECIPIENT's commitments
hereunder, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
6. Equal Em Io ment Opportunity and Affirmative Action EEOIAA
Statement
The SUBRECIPIENT will, in all solicitations or advertisements for
employees placed by, or on behalf of the SUBRECIPIENT, state
that it is an Equal Opportunity or Affirmative Action employer.
7. Subcontract Provisions
The SUBRECIPIENT will include the provisions of Paragraphs IX.A,
Civil Rights, and B, Affirmative Action, in every subcontract or
purchase order, specifically or by reference, so that such provisions
will be binding upon each of its own SUBRECIPIENTs or
subcontractors.
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C. Employment Restrictions
1. Prohibited Activity
The SUBRECIPIENT is prohibited from using funds provided herein
or personnel employed in the administration of the program for:
political activities; inherently religious activities; lobbying; political
patronage; and nepotism activities.
2. Labor Standards
The SUBRECIPIENT agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis-Bacon Act as
amended, the provisions of Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 et seq.) and all other applicable
Federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this
Agreement. The SUBRECIPIENT agrees to comply with the
Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its
implementing regulations of the U.S. Department of Labor at 29
CFR Part 5. The SUBRECIPIENT shall maintain documentation
that demonstrates compliance with hour and wage requirements of
this part. Such documentation shall be made available to the
GRANTEE for review upon request.
The SUBRECIPIENT agrees that, except with respect to the
rehabilitation or construction of residential property containing less
than eight (8) units, all contractors engaged under contracts in
excess of $2,000.00 for construction, renovation or repair work
financed in whole or in part with assistance provided under this
contract, shall comply with Federal requirements adopted by the
GRANTEE pertaining to such contracts and with the applicable
requirements of the regulations of the Department of Labor, under
29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
ratio of apprentices and trainees to journey workers; provided that,
if wage rates higher than those required under the regulations are
imposed by state or local law, nothing hereunder is intended to
relieve the SUBRECIPIENT of its obligation, if any, to require
payment of the higher wage. The SUBRECIPIENT shall cause or
require to be inserted in full, in all such contracts subject to such
regulations, provisions meeting the requirements of this paragraph.
Section 3 Clause
a) Compliance: Compliance with the provisions of Section 3 of
the HUD Act of 1968, as amended, and as implemented by
the regulations set forth in 24 CFR 135, and all applicable
rules and orders issued hereunder prior to the execution of
this contract, shall be a condition of the Federal financial
assistance provided under this contract and binding upon the
HOME TBRA Agreement 2020—8/5/2020 14
GRANTEE, the SUBRECIPIENT and any of the
SUBRECIPIENT's subcontractors. Failure to fulfill these
requirements shall subject the GRANTEE, the
SUBRECIPIENT and any of the SUBRECIPIENT's
subcontractors, their successors and assigns, to those
sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and
agrees that no contractual or other disability exists that
would prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these
Section 3 requirements and to include the following
language in all subcontracts executed under this Agreement:
"The work to be performed under this
Agreement is a project assisted under a
program providing direct Federal financial
assistance from HUD and is subject to the
requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended
(12 U.S.C. 1701). Section 3 requires that to the
greatest extent feasible opportunities for
training and employment be given to low- and
very low-income residents of the project area,
and that contracts for work in connection with
the project be awarded to business concerns
that provide economic opportunities for low-
and very low-income persons residing in the
metropolitan area in which the project is
located."
The SUBRECIPIENT further agrees to ensure that
opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction
and abatement of lead-based paint hazards), housing
construction, or other public construction project are given to
low- and very low-income persons residing within the
metropolitan area in which the HOME-funded project is
located; where feasible, priority should be given to low- and
very low-income persons within the service area of the
project or the neighborhood in which the project is located,
and to low- and very low-income participants in other HUD
programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction
and abatement of lead-based paint hazards), housing
construction, or other public construction project to business
concerns that provide economic opportunities for low- and
very low-income persons residing within the metropolitan
HOME TBRA Agreement 2020—8/5/2020 15
area in which the HOME-funded project is located; where
feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in
which the project is located, and to low- and very low-income
participants in other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual
or other legal incapacity exists that would prevent
compliance with these requirements.
b) Notifications: The SUBRECIPIENT agrees to send to each
labor organization or representative of workers with which it
has a collective bargaining agreement or other contract or
understanding, if any, a notice advising said labor
organization or worker's representative of its commitments
under this Section 3 clause and shall post copies of the
notice in conspicuous places available to employees and
applicants for employment or training.
c) Subcontracts: The SUBRECIPIENT will include this Section
3 clause in every subcontract and will take appropriate
action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the
grantor agency. The SUBRECIPIENT will not subcontract
with any entity where it has notice or knowledge that the
latter has been found in violation of regulations under 24
CFR Part 135 and will not let any subcontract unless the
entity has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
D. Conduct
1. Assignability
The SUBRECIPIENT shall not assign or transfer any interest in this
Agreement without the prior written consent of the GRANTEE thereto;
provided, however, that claims for money due or to become due to the
SUBRECIPIENT from the GRANTEE under this contract may be
assigned to a bank, trust company, or other financial institution without
such approval. Notice of any such assignment or transfer shall be
furnished promptly to the GRANTEE.
2 Subcontracts
a) Approvals: The SUBRECIPIENT shall not enter into any
subcontracts with any agency or individual in the
performance of this contract without the written consent of
the GRANTEE prior to the execution of such agreement.
b) Monitoring: The SUBRECIPIENT will monitor all
subcontracted services on a regular basis to assure contract
HOME TBRA Agreement 2020—8/5/2020 16
compliance. Results of monitoring efforts shall be
summarized in written reports and supported with
documented evidence of follow-up actions taken to correct
areas of noncompliance.
c) Content: The SUBRECIPIENT shall cause all of the
provisions of this contract in its entirety to be included in and
made a part of any subcontract executed in the performance
of this Agreement.
d) Selection Process: The SUBRECIPIENT shall undertake to
insure that all subcontracts let in the performance of this
Agreement shall be awarded on a fair and open competition
basis in accordance with applicable procurement
requirements. Executed copies of all subcontracts shall be
forwarded to the GRANTEE along with documentation
concerning the selection process.
3. Hatch Act
The SUBRECIPIENT agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any
extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V of the U.S.C.
4. Conflict of Interest
The SUBRECIPIENT shall disclose any and all actual or potential
conflicts of interest with GRANTEE. Furthermore, SUBRECIPIENT
shall ensure that any subcontractor also discloses any and all
actual or potential conflicts of interest with the GRANTEE. Both
SUBRECIPIENT and any subcontractors shall complete a
Disclosure of Conflict of Interest Form included as Exhibit D.
The SUBRECIPIENT further agrees to abide by the provisions of
24 CFR 84.42 and 570.611, which include (but are not limited to)
the following:
a) The SUBRECIPIENT shall maintain a written code or
standards of conduct that shall govern the performance of its
officers, employees or agents engaged in the award and
administration of contracts supported by Federal funds.
b) No employee, officer or agent of the SUBRECIPIENT shall
participate in the selection, or in the award, or administration
of, a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
c) No covered persons who exercise or have exercised any
functions or responsibilities with respect to HOME-assisted
activities, or who are in a position to participate in a decision-
making process or gain inside information with regard to
HOME TBRA Agreement 2020—8/5/2020 17
such activities, may obtain a financial interest in any
contract, or have a financial interest in any contract,
subcontract, or agreement with respect to the HOME-
assisted activity, or with respect to the proceeds from the
HOME-assisted activity, either for themselves or those with
whom they have business or immediate family ties, during
their tenure or for a period of one year thereafter. For
purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or
elected or appointed official of the GRANTEE, the
SUBRECIPIENT, or any designated public agency.
5. Lobbying
The SUBRECIPIENT hereby certifies that:
a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of it, to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement;
b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, it will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
c) It will require that the language of paragraph (d) of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative
agreements) and that all SUBRECIPIENTs shall certify and
disclose accordingly:
d) Lobbying Certification
This certification is a material representation of fact upon
which reliance was placed when this transaction was made
or entered into. Submission of this certification is a
HOME TBRA Agreement 2020—8/5/2020 18
prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S.C. Any person who
fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than
$100,000 for each such failure.
6. Copyright
If this contract results in any copyrightable material or inventions,
the GRANTEE and/or grantor agency reserves the right to royalty-
free, non-exclusive and irrevocable license to reproduce, publish or
otherwise use and to authorize others to use, the work or materials
for governmental purposes.
7. Religious Activities
The SUBRECIPIENT agrees that funds provided under this
Agreement will not be utilized for inherently religious activities
prohibited by 24 CFR 92.257(a)(2) such as worship, religious
instruction, or prose lytization.
X. ENVIRONMENTAL CONDITIONS
A. Air and Water
The SUBRECIPIENT agrees to comply with the following requirements
insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. , 7401, et seq.;
2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251,
et seq., as amended, 1318 relating to inspection, monitoring, entry,
reports, and information, as well as other requirements specified in
said Section 114 and Section 308, and all regulations and
guidelines issued thereunder;
3. Environmental Protection Agency (EPA) regulations pursuant to 40
CFR Part 50, as amended.
B. Flood Disaster Protection
In accordance with the requirements of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for
activities located in an area identified by the Federal Emergency
Management Agency (FEMA) as having special flood hazards, flood
insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or
construction purposes (including rehabilitation).
C. Lead-Based Paint
The SUBRECIPIENT agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall
be subject to HUD Lead-Based Paint Regulations at 24 CFR Part 35.
HOME TBRA Agreement 2020—8/5/2020 19
Such regulations pertain to all HOME-assisted housing and require that all
owners, prospective owners, and tenants of properties constructed prior to
1978 be properly notified that such properties may include lead-based
paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken
when dealing with lead-based paint poisoning and the advisability and
availability of blood lead level screening for children under seven. The
notice should also point out that if lead-based paint is found on the
property, abatement measures may be undertaken. The regulations
further require that, depending on the amount of Federal funds applied to
a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
D. Historic Preservation
The SUBRECIPIENT agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection
of Historic Properties, insofar as they apply to the performance of this
agreement.
In general, this requires concurrence from the State Historic Preservation
Officer for all rehabilitation and demolition of historic properties that are
fifty years old or older or that are included on a Federal, state, or local
historic property list.
XI. ATTORNEY FEES
If 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 will be entitled to recover from the other party its reasonable attorney's fees
and legal expenses.
XII. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and
provisions of this Agreement shall be binding on and inure to the benefit of the
parties hereto, and their respective nominees, heirs, successors, assigns, and
legal representatives.
XIII. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed
and delivered will be deemed an original, and all of which together will constitute
one instrument. The execution of this Agreement by any party hereto will not
become effective until counterparts hereof have been executed by all parties
hereto.
XIV. 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. All powers and
HOME TBRA Agreement 2020—8/5/2020 20
remedies given by this Agreement shall be cumulative and in addition to those
otherwise provided by law.
XV. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following
City Council approval.
XVI. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties
with respect to the subject matter hereof. This Agreement supersedes all prior
negotiations, representations or agreements, either written or oral. This
Agreement may be modified or amended only by written instrument duly
authorized and executed by both GRANTEE and SUBRECIPIENT.
XVII. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference,
incorporated into and made a part of this Agreement.
XVIII. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of
California shall govern all aspects of this Agreement, including execution,
interpretation, performance, and enforcement. Venue for filing any action to
enforce or interpret this Agreement will be Fresno County, California.
XIX. HEADINGS
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or otherwise affect the terms of this
Agreement.
XX. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.
Any ambiguity will not be construed in favor or against any party, but rather by
construing the terms in accordance with their generally accepted meaning.
XXI. NO THIRD-PARTY BENEFICIARY
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. Notwithstanding anything stated to the contrary in this Agreement, it
is not intended that any rights or interests in this Agreement benefit or flow to the
interest of any third parties other than expressly identified herein. No
subcontractor, mechanic, material man, laborer, vendor, or other person hired or
retained by SUBRECIPIENT shall have any rights hereunder and shall look to
SUBRECIPIENT as their sole source of recovery if not paid. No third party may
enter any claim or bring any such action against GRANTEE under any
circumstances. Except as provided by law, or as otherwise agreed to in writing
between GRANTEE and such person, each such person shall be deemed to
have waived in writing all right to seek redress from GRANTEE under any
HOME TBRA Agreement 2020—8/5/2020 2
circumstances whatsoever. SUBRECIPIENT shall include this paragraph in all
contracts/subcontracts.
XXIL NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right
under this Agreement shall operate as a waiver of such right, nor shall any single
or partial exercise of any such right preclude any further exercise thereof or the
exercise of any other right. No waiver of any provision of this Agreement or
consent to any departure by the SUBRECIPIENT there from shall be effective
unless the same shall be in writing, signed on behalf of the GRANTEE by a duly
authorized officer thereof, and the same shall be effective only in the specific
instance for which it is given. No notice to or demand on the SUBRECIPIENT in
any case shall entitle the SUBRECIPIENT to any other or further notices or
demands in similar or other circumstances, or constitute a waiver of any of the
GRANTEE's right to take other or further action in any circumstances without
notice or demand.
XXIII. NON-RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal
or other advice as it has deemed necessary and declares that in no manner has
it relied on GRANTEE, it agents, employees or attorneys in entering into this
Agreement.
XXIV. PRECEDENCE OF DOCUMENTS
In 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 will
control.
XXV. RECORDING OF DOCUMENTS
SUBRECIPIENT agrees to cooperate promptly in any manner required at
GRANTEE's request, with the recordation of documents/instruments consistent
with this Agreement in the Official Records of Fresno County, California. Said
cooperation includes but is not limited to correction of errors in documents and
witnessed execution thereof.
XXVI. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
[SIGNATURES FOLLOW ON NEXT PAGE.]
HOME TBRA Agreement 2020—8/5/2020 22
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, HOUSING AUTHORITY CITY OF FRESNO
A California municipal car oration BODY CORPORATE AND POLITIC
By: By.
Thomas que , //
City M ager Name: Angelina Nguyen
APPROVED AS TO FORM: Title. Interim Chief Executive Officer
DOUGLAS T. SLOAN (If corporation or LLC., Board Chair, Pres.
City ttorney or Vice Pres.)
By: By:
Tracy N. P anian Date
Senior De ty City Attorney , Name-
ATTEST: Title:
BRIANA PARRA, CIVIC (If corporation or LLC., CFO, Treasurer,
Interim City Cl Secretary or Assistant Secretary)
By: -�
D uty
Addresses:
CITY: SUBRECIPIENT:
City of Fresno Housing Authority of City of Fresno
Attention: Thomas Morgan Attention: Angelina Nguyen
Housing and Community Development Interim Chief Executive Officer
Manager 1331 Fulton Street
2600 Fresno Street, CH3N 3065 Fresno, CA 93721
Fresno, CA 93721 Phone: (559) 443-8400
Phone: (559) 621-8003 FAX:
FAX: (559)
Attachments:
Exhibit A— Project Description and Scope of Services
Exhibit B — Program Categories Breakdown
Exhibit C - Project Budgetary Proposals
Exhibit D - Disclosure of Conflict of Interest
Exhibit E - Insurance
HOME TBRA Agreement 2020—8/5/2020 23
EXHIBIT A
PROJECT DESCRIPTION AND SCOPE OF SERVICES
PURPOSE
The purpose of the Tenant Based Rental Assistance (TBRA) Program is to provide
rental housing assistance to extremely low and very low-income persons or households
that are homeless, threatened with homelessness, those transitioning from a homeless
housing assistance program or rapid rehousing for chronically homeless individuals.
As the City of Fresno has agreed to allow the use of HOME-TBRA funds as third party
in-kind match to support of the County of Fresno's Housing & Disability Advocacy
Program (HDAP), the Fresno Housing Authority shall work in partnership with the
County of Fresno to extend HOME-TBRA services for up to sixteen TBRA-eligible
HDAP participants. If necessary, with the mutual consent of the Fresno Housing
Authority and the City of Fresno, the number of HDAP participants to be served may be
adjusted. These participants may be in the process of exiting HDAP and it is
permissible for them to exit HDAP and still receive HOME-TBRA support, if all other
HOME-TBRA requirements are met. The approximate HOME-TBRA match will be
$232,000 for the period of January 1, 2021 to December 31, 2022.
PROGRAM OVERVIEW
TBRA provides rental housing assistance to low income households whose income
levels limits access to market rent housing. The assistance is available to individuals
and families and allows clients to select the housing unit that best provides acceptable
space, quality of housing, and access to neighborhood services. TBRA assistance is
limited to:
• Those who are homeless, transitioning from a homeless assistance program, or
appropriate for rapid rehousing for chronically homeless individuals.
Household incomes at or below 50% of the area median income (AMI),
• Only those persons listed on the application and lease;
• Up to two years of assistance,
A. Eligible Activities and Payment Standards
The following activities are eligible under TBRA:
• Rent of a residential dwelling that meets the Housing Quality Standards (HQS);
o Minimum rent charged set at $50.00
o Maximum rent charged cannot exceed 30% of the client's adjusted income.
TBRA will cover the gap between the client's minimum payment and the
actual cost of rent plus utilities TBRA will cover the gap between a
household's rent portion and actual cost of rent plus utilities.
o Security deposits
o Utility deposits
• Rent charges cannot exceed HUD's Fair Market Rent Limits.
B. Ineligible Activities
The following activities are ineligible to TBRA:
■ Duplicate existing rental assistance programs that already reduce a client's rent
payment;
• Assisting a resident owner;
• Preventing displacement or relocation as a result of activities other than the
HOME Program;
• Provide overnight or temporary shelter to homeless persons;
Used with existing HOME Investment Partnerships developments currently under
a mandated affordability period,
• Commitments to specific owners for specific projects; and
• Assistance to resident owners of cooperative housing that qualifies as home
ownership housing.
C. Location
For TBRA assistance to be rendered, rental property must be located within the City of
Fresno. The program allows for client choice and movement to a unit that best suits the
needs of the household, as such the housing subsidy remains with the client as long as
the chosen unit is located within the City of Fresno. Assistance cannot be transferred
out of the City of Fresno limits.
D. Record Retention
All records must be retained for five years after final rental assistance is provided.
E. Marketing
Agency must establish how potential applicants will be notified and selected for the
TBRA program. Description should include:
• Local preferences: utilization of the Coordinated Entry System and use of the VI-
SPDAT (Vulnerability Index Services Prioritization Decision Assistance Tool) for
homeless and chronically homeless individuals (as defined by CFR 578.3);
preference for chronically homeless VI-SPDAT score of 10 or more; homeless
individuals VI-SPDAT score of 1-5.
• Where applications are available and how they are submitted
• Agency steps to reach applicants who are least likely to apply
• Outreach to property owners
Marketing Description — Purpose of TBRA funding is to provide stable, permanent
housing for a limited period (up to two years) for those individuals who are homeless, or
transitioning from a homeless program or chronically homeless who are appropriate for
rapid rehousing. Potential participants will be identified via Coordinated Entry System
(CES) via street outreach and presentation at a MAP Point location. Potential
participants will undergo the VI-SPDAT and be matched to most appropriate housing
solution which will include HOME TBRA. Upon verification of CES housing solution,
potential participant will be contacted via phone, street outreach or MAP Point contacts.
F. Fair Housing
The following information should be included in marketing and agreements with the
landlords/owners.
Non-Discrimination: The Agency or landlord shall not, in the provision of services or in
any other manner, discriminate against any person on the grounds of age, race, color,
creed, religion, sex, handicap, national origin, or familial status.
G. Tenant Selection
All applicants must be screened and selected through a fair, written and public process.
1. Applications: Obtain a written application to determine eligibility. Application will
include the following information: income, household, program rules and policies,
complaint and grievance procedures, rent standards, rent calculation form,
income limits and adjustments, demographic, family composition, verification of
homelessness, prior program participation and VI-SPDAT score.
2. Residency Eligibility: Tenants must be residents of the city of Fresno.
3. Eligibility: Eligibility will be determined upon admission to the program.
Thereafter review of eligibility including, income verification, will occur at annual
re-examinations. Where a family experiences a change in household composition
and/or income between annual re-examination, the Fresno Housing Authority will
process an interim re-examination. The family is required to report all changes in
household composition and/or income to the Fresno Housing Authority within ten
calendar days of the occurrence.
Should an applicant have income above 50% of AMI at annual re-examination,
rental assistance will cease. However, the applicant will remain on the program
for 180 days.
4. Waiting list: All clients will be complete an application including documentation
of homelessness/chronic homelessness, if applicable, inclusion in homeless
housing assistance program and VI-SPDAT score. Said applicants will be placed
on a Preliminary Wait list. When openings in the program occur, applicants will
be selected from the Preliminary Wait list: homeless individuals — VI-SPDAT
score 1-5; chronically homeless — VI-SPDAT score of 10 or more; transitioning
from a homeless program. All attempts will be made to reach individuals
selected including street outreach, message boards dedicated to homeless
individuals and communication with agency partners. Should a client not
respond to all summonses, the name will be placed back on the Preliminary Wait
list.
H. Notification
Prospective tenants must be notified in writing regarding the outcome of their
application. Requirement extends to all unsuccessful applicants as well as selected
tenants. It is noted that as some prospective tenants are homeless, there may be no
valid address with which to communicate. As such all attempts will be made to contact
the client — street outreach conducted to last known place and places where homeless
congregate and outreach to varying agency partners regarding whereabouts.
I. Rental Assistance Certificate
Upon admission into the TBRA program, prospective tenants are issued a Rental
Assistance Certificate which authorizes households to begin the search for appropriate
housing. At the time the coupon is issued a meeting explaining the responsibilities of
each party and the impact of the housing choice upon the payment. The certificate
should include:
• Agency name
• Household name
• Unit size
• Date issued
• Location restrictions
■ Expiration date
• Estimated rent calculation based on tenant income
• Tenant requirements
■ Agency processes and responsibilities
• Security Deposit Policy
• Owner/landlord requirements
• Length of assistance
• Equal housing opportunity statement
J. Income Eligibility and Subsidy Amount
A three step process is used to arrive at the maximum subsidy amount.
• Income Determination
■ Calculating Adjusted Income
• Total Tenant Payment Calculation
K. Income Determination Process
Agencies will use the Annual Income as Defined in 24 CFR Part 5, to determine TBRA
income eligibility. This is also referred to as Part 5 Annual Income; and was based on
the Section 8 model. The income definition is defined as the gross amount of income of
all adult household members that is anticipated to be received during the coming 12-
month period.
Program participants will provide proof of income (such as wages or governmental
benefits) at enrollment and each time household income changes. A copy of the proof of
income or self-declaration of no income is stored in the program participant file.
L. Calculating Adjusted Income
After gross income is determined, calculation for the "adjusted income" as defined in 24
CFR 5.611 is used to determine total tenant payment (TTP), which is a measure of a
household's ability to pay housing costs.
M. Total Tenant Payment Calculation
The TTP is the final calculation used to determine the Agency's subsidy and tenant's
share of rent under a HOME-funded TBRA program. Resident rents are calculated by
using annual incomes and applying standard allowances for dependents, childcare,
disabilities and medical expenses and based upon established HUD guidelines, Notice
CPD-96-03.
If all utilities are included in the rent, the tenant's entire share of housing costs goes
directly to the landlord. If utilities are paid separately, the Agency must make utility
reimbursements to the household whenever the household's share of housing costs is
insufficient to cover expected utility costs. Agencies must use the utility allowance
established by the local Housing Authority.
N. Maximum Income
Family income must not be above 50% adjusted median income (AMI) on admission
and recertification. Income limits are established by household size and revised
annually by the Department of Housing and Urban Development.
O. Unit Selection/Approval
Upon admission into the TBRA program, prospective tenants are issued a Coupon
(described above) along with a Request for Unit approval. This document must be
completed and forwarded to the Agency to trigger the housing quality inspection.
P. Unit Inspections
Prior to completing the lease or making any payments, a unit must be inspected to meet
the housing quality standards (HUD-52580).
Unit must meet housing quality standards (HQS) before tenancy and at least
annually. Complete records of certification, inspections, and follow-up actions
must be kept in the client's files.
Q. Occupancy Standards
HUD has established occupancy standards that comply with the HQS requirements and'
how the number of bedrooms needed by the household will impact the unit size and
subsidy. The following basic standards can be modified to take into consideration
specific household composition and circumstances (i.e., pending child custody cases,
chronic illnesses, family member who is absent most of the time, etc.). Occupancy
standards are used to provide consistent criteria for determining the unit size for which
the household is eligible and thus, the amount of assistance to be provided. Fair
housing rules permit a household to select smaller units that do not create seriously
overcrowded conditions.
• No more than two persons are required to occupy a bedroom;
• Persons of different generations (i.e., grandparents, parents, children), persons
of the opposite sex (other than spouses/couples) and unrelated adults are not
required to share a bedroom;
• Children of the same sex (regardless of age) and couples cohabitating (whether
or not legally married) must share the same bedroom for purpose of assigning
the bedroom size on housing coupon;
• A live-in care attendant who is not a member of the family is not required to share
a bedroom with another household member.
• Individual medical problems (i.e., chronic illness) sometimes require either
separate bedrooms for household members who would otherwise be required to
share a bedroom or an extra bedroom to store medical equipment;
• In most instances, a bedroom is not provided for a family member who will be
absent most of the time, such as a member who is away in the military.
R. Ownership
Units maybe privately or publicly owned.
S. Rent Reasonableness
Rent for each unit must be determined to be reasonable when compared to unassisted
units.
T. Rent Increases
Any rent increased must be approved by the Housing Authority. Individuals will be
asked to provide documentation from the landlord about rent adjustments. Adjustment
of the subsidy may be recalculated providing rent amounts continue to maintain the Fair
Market Rent standards for the area.
U. Landlord-Tenant Law
Tenants should receive a user-friendly copy of the Landlord-Tenant Law and be
informed on how to use this law when problems arise. Copies of signed receipt of the
landlord-Tenant Law should be included in the individual's file.
V. Lead Based Paint
Tenants will be notified of the potential presence and hazard of lead. All individuals
receiving tenant-based rental subsidies will receive a copy of the Environmental
Protection Agency brochure titled "Protect Your Family from Lead in Your Home". A
signed receipt of the copy should be maintained in the individual's file. EPA Disclosure
Requirements for All Leased Housing Built Before 1978.
W. Lease Addendum
Terms: Initially one year, with a month to month renewal at expiration, for a period no
longer than two years of assistance. Throughout the assistance period, Fresno Housing
Authority retains the right to terminate assistance as detailed below.
X. Un-allowable terms in lease
The lease between the owner and the tenant may not contain the following:
• Agreement by the tenant to be sued, to admit guilt, or to a judgment in favor of
the owner in a lawsuit brought in connection with the lease;
• Agreement by the tenant that the owner may take, hold, or sell personal property
of household members without notice to the tenant and a court decision on the
rights of the parties. However, the owner may dispose of personal property left by
a tenant in accordance with state law;
• Agreement by the tenant not to hold the owner or the owner's agents legally
responsible for any action or failure to act, whether intentional or negligent;
• Agreement of the tenant that the owner may institute a lawsuit without notice to
the tenant;
• Agreement by the tenant that the owner may evict the tenant or household
members without instituting a civil court proceeding in which the tenant has the
opportunity to present a defense, or before a court decision on the rights of the
parties;
• Agreement by the tenant to waive any right to a trial by jury;
• Agreement by the tenant to waive the tenant's right to appeal, or to otherwise
challenge in court, a court decision in connection with the lease; and
• Agreement by the tenant to pay attorney's fees or other legal costs even if the
tenant wins in a court proceeding by the owner against the tenant. The tenant,
however, may be obligated to pay costs if the tenant loses. See Attached Form
13 — Lease Addendum.
AGREEMENT WITH PROPERTY OWNER/LANDLORD
The Housing Authority should have an agreement with the property owner/landlord
providing information regarding terms, amounts, security deposit fair housing and
termination.
TERMINATION
Agency must notify tenant in writing when terminating tenant assistance. Agency must
follow landlord tenant rules of the State of California:
1. End of Assistance Time Period: Provide notice in writing to tenant and
landlord.
2. Property Owner Termination: If a property owner terminates the tenancy
through no fault of the tenant, and the tenant is still eligible for assistance, the
Agency will work to find another unit.
3. Tenant Caused Eviction: If tenant is evicted due to breaking the lease or
participating in illegal activities, the agency is under no obligation to continue to
provide rental assistance.
4. Tenant Moves: Tenant moves are accommodated only on rare instances such
as family size or job change.
UTILITIES
I. Utility Costs: Utilities costs are included in the fair market rental calculation.
Agencies must use the utility allowance established by the Housing Authority of
the City of Fresno. The rents must be reduced for tenant paid utilities.
BENEFICIARY DATA/ RECORDS
• Housing Authority will track TBRA tenants, rents and occupancy data and submit
to the City of Fresno with each invoice.
• Each agency will maintain a Microsoft Excel reporting checklist format provided
by City of Fresno that includes:
o Individual's name
o Individual's date of birth
o Receiving case management
o Financial eligibility
o Rent below FMR
o HQS Inspection completion date
o Lead based paint inspection
o Lease in file
o Amount of subsidy
o Rental start date
REQUIRED DOCUMENTATION
Note: all forms must have signatures.
All forms must be signed by relevant party at the time of submission.
Agencies receiving HOME funding are required to maintain adequate documentation of
the eligibility of persons served using the HUD, Community Planning and Development,
Office of Affordable Housing Programs, Tenant Based Rental Assistance Guidelines —A
HOME Program Model, January 1997.
Records will be retained for five years after final rental assistance is provided.
o Application
o Coupon (rent calculation)
o Income verification and subsidy calculations
o Notice of eligibility or ineligibility to prospective applicants
o Rent Reasonableness
o HQS Inspection Checklist
o Tenant, Rents and Low-Income Occupancy Data
o Lead Based Paint Inspection Report— (Units built before 1978)
o Lease and addendums
o Agreement with owner/landlord
o Case management records
o Notice of end of rental assistance to both tenant and landlord/property owner
Final FY 2021 FMRs By Unit Bedrooms
Efficiency One- Two-Bedroom Three- Four-Bedroom
Bedroom I Bedroom
$795 $851 $1064 1 $1509 $1747
https://www.huduser.pov/portal/datasets/fmr/fmrs/FY2020 code/2020summary.od
n
Exhibit B
Program Categories Breakdown
Rental utility/Security Administration TOTAL
Assistance Deposit
$1,006,616 $234,394 $137,879 $1,378,789
i
EXHIBIT C
BUDGET
Rental Assistance: 58 Participants -------7$1,006,516
Utility/Security Deposits: 96 Participants $ 234,394
Admin Costs: $ 137,879
• Senior Manager 05 FTE
Assistant Manager .10 FTE
• Housing
Coordinator 10 FTE
Finance .05 FTE
TOTAL $1,378,789
EXHIBIT D
City C;
Housing and Community Development Division
Planning and Development Department
No Conflict of Interest Certification—HUD CDBG,HOME,ESG and HOPWA Programs
Conflict of Interest Regulations may be
Housing Authority City of Fresno found at: 24 CFR 92.3S60 24 CFR
Name of Subreripient or A>pplicarit S70.611,24 CFR 574,625,24 CFR
57fi.404,2 CFR U2 and 2 CFR 319(C)(11I
Subrecipient or Applicant acknowledges and understands that,under HUD ccofEict of interest rules under 24 CFR
92.3%. 24 CFR 570-611, 24 CFR 574,62S,24 CFR 576.4p4,2 CFR 112 and 2 CFR 318(C)(1)],an employee,agent,
consultant,officer,or elected or appointed official of thesubmcipwrit,applicant or City of Fresno who exercises or has
exercised any functions or respansibelities with respect to activities assisted with CO8G,HOME,ESG or HOPWA funds
or who is in a position to participate in a decision making process or grin inside information with regard to these
activities (each "Covered Person'), may not obtain a financial interest or benefit from a CD8G, HOME, ESG or
HOPWA-assisted activity,or have an interest in any contract,subcontract or agreement with respect thereto,or the
proceeds thereunder,erther for themselves or those with whom they have family or business ties,during their tenure
or for one yearthereafter.
ISELECT ONLY THE CIRTIFICATION T14AT AP91IES rO THiS AGR4EMEN r OR Af;RtEhRENT OR APPLICAIION DO NO SIGN 8DrH.i
Subrecipiem or Applirant hereby certirtes that no"covered person"in its agency or corporawn is currently a
Covered Person and has not been a Covered person for a period of at least one{1)caiendar yea prior to the date of
this agreement or application_
Angelina Nguyen v 14 07/19/2021
Name Sigmture Date
OR
Subrecipient or Applicant hereby certifies that subrecipient/appli-ant organization includes a Covered Person as
defined above,or because subrecipientrapplicant has Family ar busrroess relationship with a Covered Person.
Name scrum re Date
Please provide a separate certification for each"covered person"and select the type of covered person
0 Employee [-:]Agent C]Consultant 0 Officer 0 Elected Official ❑Appointed❑fflciat
The Covered Person ifi
0 SubrecipientlApplicant'Co vefed person"
Family member-name: plcaycp6m degAyl
8u51ne55 assOdate-name__ f please p nt dewfyf
A Covered Person does not automatically disqualify an entity from particfpating in a HVD assisted program. if a
covered person is identified,the Senior Management Analyst or Project Manager wilJ assist you with the additional
steps that must betaken before the organ izat ion's agreement kr application can be funded_
A person may become a"covered person"at anytime du ring the implementation process and this will include
be nef i c i a nes f ece iving assistance provided through this agreement or application who are or have a relationship with
a covered person of the applicant or of City of Fresno.A new certification is required each time a covered person is
identified
EXHIBIT E
INSURANCE REQUIREMENTS
EXHIBIT E
Agreement "Between" City of Fresno
And
HOUSING AUTHORITY CITY OF FRESNO
HOME Tenant-Based Rental Assistance
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO) 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 Insurance."
2. 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).
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to
SUBRECIPIENT's profession.
MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT 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:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(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.
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
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form"
and afford no less coverage than the primary insurance policy(ies). In 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
SUBRECIPIENT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and SUBRECIPIENT shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the CITY's Risk
Manager or designee. At the option of the CITY's Risk Manager or 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) SUBRECIPIENT shall provide a financial guarantee, satisfactory to
CITY's Risk Manager or designee, guaranteeing payment of losses
and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies 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. SUBRECIPIENT shall establish additional
insured status for the City and for all ongoing and completed operations
under the Commercial General Liability policy by use of ISO Forms or an
executed manuscript insurance company endorsement providing
additional insured status. The Commercial General endorsements must
be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG
2010 & CG2037.
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 Insured.
3. For any claims relating to this Agreement, SUBRECIPIENT'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 SUBRECIPIENT's insurance
and shall not contribute with it. SUBRECIPIENT 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 policy is to contain, or be endorsed to contain,
the following provision: SUBRECIPIENT and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liability (Errors and Omissions) insurance policy is written on a
claims-made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by SUBRECIPIENT.
2. Insurance 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. If 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 SUBRECIPIENT,
SUBRECIPIENT must purchase "extended reporting" coverage for a
minimum of five (5) years completion of the Agreement work or
termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for
review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. SUBRECIPIENT 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,
SUBRECIPIENT shall furnish CITY with a new certificate and applicable endorsements
for such policy(ies). In the event any policy is due to expire during the work to be
performed for CITY, SUBRECIPIENT 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.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then the
requirement for the Limits of Liability of these polices will be twice the above stated
limits.
The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to release
or diminish the liability of SUBRECIPIENT, including, without limitation, liability under
the indemnity provisions of this Agreement. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by SUBRECIPIENT. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor
limit the liability of SUBRECIPIENT, its principals, officers, agents, employees, persons
under the supervision of SUBRECIPIENT, vendors, suppliers, invitees, consultants,
sub-consultants, subcontractors, or anyone employed directly or indirectly by any of
them.
SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to be
performed under this Agreement, SUBRECIPIENT shall require, at the discretion of the
CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by CITY Risk Manager or designee.
If no Side Agreement is required, SUBRECIPIENT will be solely responsible for
ensuring that it's subcontractors maintain insurance coverage at levels no less than
those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
SUBRECIPIENT 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-ISO
endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, SUBRECIPIENT 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.