HomeMy WebLinkAboutExceptional Parents Unlimited Grant Agreement 12-6-2022Luuuo Iyii CIivt Iiu tC IL/. CCU/rrUC-F1CL/r-V liO/-�M��-I+VODGI JJULU:1
GRANT AGREEMENT BETWEEN
THE CITY OF FRESNO AND EXCEPTIONAL PARENTS UNLIMITED REGARDING
FUNDING UNDER THE AMERICAN RESCUE PLAN ACT FOR EARLY CHILDHOOD
INTERVENTION SERVICES
THIS GRANT AGREEMENT (AGREEMENT) is made and entered into effective
upon execution by both parties (the Effective Date), by and between the CITY OF FRESNO
(the CITY), and EXCEPTIONAL PARENTS UNLIMITED (GRANTEE), to provide funding
for early childhood intervention services.
RECITALS
WHEREAS, there is an increased need for early childhood intervention services in
the City of Fresno that were drastically decreased due to the COVID-19 pandemic and the
safety protocols put in place for all in -person activities; and
WHEREAS, the City desires to provide funds to assist GRANTEE in providing
financial assistance to re-engage the program and provide much needed services to
Exceptional Parents Unlimited clients and their families; and
WHEREAS, GRANTEE represents it desires to and is professionally and legally
capable of immediately providing these services for City of Fresno residents; and
WHEREAS, GRANTEE acknowledges that grant funds being provided under this
Agreement will be derived from the City's allocation under the American Rescue Plan Act
(Pub.L. 117-2) (hereinafter "ARPA"), and is subject to any constraints set forth therein
including but not limited to, the Coronavirus State and Local Fiscal Recovery Funds
(CSLFRF) Final Rule (31 CFR Part 35); and
WHEREAS, this Agreement will be administered for the City by its City Manager or
its designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the respective
parties, it is mutually agreed as follows:
1. Scope of Services. GRANTEE shall perform to the satisfaction of the CITY
the services described in Exhibit A, including all work incidental to, or necessary to perform,
such services even though not specifically described in Exhibit A.
2. Grant Amount. City shall provide GRANTEE the amount of $158,785 for the
services described in Exhibit A. One-half of the grant amount shall be distributed once the
contract is fully executed, with the other half being distributed after successful completion
of a performance review.
3. Term of Agreement and Time for Performance. This Agreement shall be
effective from the Effective Date through a 12 month period, subject to earlier termination
in accordance with this Agreement. The services as described in Exhibit A are to
commence upon the Effective Date and shall be completed prior to expiration of this
Agreement and in accordance with any performance schedule set forth in Exhibit A.
4. Amendment to Increase or Decrease Scope of Services: The parties may
modify this Agreement to increase or decrease the scope of services or provide for the
rendition of services not required by this Agreement, which modification may include an
adjustment to GRANTEE's compensation. Any change in the scope of services must be
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made by written amendment to the Agreement signed by an authorized representative for
each party. GRANTEE shall not be entitled to any additional compensation if services are
performed prior to a signed written amendment.
5. Termination Remedies and Force Ma'eure.
(a) This Agreement shall terminate without any liability of the City or to
GRANTEE upon the earlier of: (i) GRANTEE filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third
party against GRANTEE; (ii) seven calendar days prior written notice with or without cause
by the City to GRANTEE; (iii) the 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 Project; or (iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
GRANTEE shall (i) immediately stop all work hereunder; (ii) immediately cause any and all
of its subcontractors to cease work; and (iii) return to the City any and all unearned
payments and all properties and materials in the possession of GRANTEE that are owned
by the City. Subject to the terms of this Agreement, GRANTEE shall be paid compensation
for services satisfactorily performed prior to the effective date of termination. GRANTEE
shall not be paid for any work or services performed or costs incurred which reasonably
could have been avoided.
(c) In the event of termination due to failure of GRANTEE to satisfactorily
perform in accordance with the terms of this Agreement, the City may withhold an amount
that would otherwise be payable as an offset to, but not in excess of, the City's damages
caused by such failure. In no event shall any payment by the City pursuant to this
Agreement constitute a waiver by the City of any breach of this Agreement which may then
exist on the part of the GRANTEE, nor shall such payment impair or prejudice any remedy
available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the GRANTEE, the 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. If it is determined that the City improperly terminated this Agreement for
default, such termination shall be deemed a termination for convenience.
(e) GRANTEE shall provide the City with adequate written assurances of
future performance, upon the Administrator's request, in the event GRANTEE fails to
comply with any terms or conditions of this Agreement.
(f) GRANTEE shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of GRANTEE and without its fault or
negligence such as, acts of God or the public enemy, acts of the City in its contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather,
and delays of common carriers. GRANTEE shall notify the City in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting forth the full
particulars in connection therewith, and shall remedy such occurrence with all reasonable
dispatch, and shall promptly give written notice to the Administrator of the cessation of such
occurrence.
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6. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by
GRANTEE pursuant to this Agreement shall not be made available to any individual or
organization by GRANTEE without the prior written approval of the City. During the term of
this Agreement, and thereafter, GRANTEE shall not, without the prior written consent of the
City, disclose to anyone any Confidential Information. The term "Confidential Information"
for the purposes of this Agreement shall include all proprietary and confidential information
of the City, including but not limited to business plans, marketing plans, financial
information, materials, compilations, documents, instruments, models, source or object
codes, and other information disclosed or submitted, orally, in writing, or by any other
medium or media. All Confidential Information shall be and remain confidential and
proprietary in the City.
(b) Any and all writings and documents prepared or provided by
GRANTEE pursuant to this Agreement, including without limitation grant applications and
supporting documents, are the property of the City at the time of preparation and shall be
turned over to the City upon expiration or termination of the Agreement. Copies of grant
applications and supporting documents shall be promptly provided to City during the term
of this Agreement. GRANTEE shall not permit the reproduction or use thereof by any other
person except as otherwise expressly provided herein.
(c) If GRANTEE should subcontract all or any portion of the services to be
performed under this Agreement, GRANTEE shall cause each subcontractor to also comply
with the requirements of this Section 6.
(d) This Section 6 shall survive expiration or termination of this Agreement.
7. Professional Skill. It is further mutually understood and agreed by and
between the parties hereto that inasmuch as GRANTEE represents to the City that
GRANTEE and its subcontractors, if any, are skilled in the profession and shall perform in
accordance with the standards of said profession necessary to perform the services agreed
to be done by it under this Agreement, the City relies upon the skill of the GRANTEE and
any subcontractors to do and perform such services in a skillful manner and the GRANTEE
agrees to thus perform the services and require the same of any subcontractors. Therefore,
any acceptance of such services by the City shall not operate as a release of GRANTEE or
any subcontractors from said professional standards.
8. Indemnification.
To the furthest extent allowed by law, GRANTEE 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 GRANTEE, its principals,
officers, employees, agents or volunteers in the performance of this Agreement.
If GRANTEE should subcontract all or any portion of the services to be performed
under this Agreement, GRANTEE 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.
Notwithstanding the aforementioned,_GRANTEE recognizes that the source of funds
for the grant to be provided hereunder is the City's allocation from the ARPA. To this end
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GRANTEE shall, without limitation, indemnify the City, and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages incurred by the City 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 from the negligent or intentional acts or omissions, or
willful misconduct of GRANTEE or any of its officers, officials, employees, agents, or
volunteers in the performance of this Agreement and compliance with ARPA.
This section shall survive termination or expiration of this Agreement.
9. Insurance. GRANTEE shall comply with all of the insurance requirements in
Exhibit B to this Agreement.
10. Conflict of Interest and Non -Solicitation.
(a) Prior to the City's execution of this Agreement, GRANTEE shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth in
Exhibit C. During the term of this Agreement, GRANTEE shall have the obligation and
duty to immediately notify the City in writing of any change to the information provided by
GRANTEE in such statement.
(b) GRANTEE shall comply, and require its subcontractors to comply, with
all applicable (i) professional canons and requirements governing avoidance of
impermissible client conflicts; and (ii) 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 the City, GRANTEE shall provide a written opinion of its legal counsel
and that of any subcontractor that, after a due diligent inquiry, GRANTEE and the respective
subcontractor(s) are in full compliance with all laws and regulations. GRANTEE shall take,
and require its subcontractors to take, reasonable steps to avoid any appearance of a
conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict
of interest, GRANTEE shall immediately notify the City of these facts in writing.
(c) In performing the work or services to be provided hereunder,
GRANTEE shall not employ or retain the services of any person while such person either
is employed by the City or is a member of any City council, commission, board, committee,
or similar City body. This requirement may be waived in writing by the City Manager, if no
actual or potential conflict is involved.
(d) GRANTEE 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.
(e) Neither GRANTEE, nor any of GRANTEE subcontractors performing
any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or
perform any services pursuant to, any other contract in connection with this Project unless
fully disclosed to and approved by the City Manager, in advance and in writing. GRANTEE
and any of its subcontractors shall have no interest, direct or indirect, in any other contract
with a third party in connection with this Project unless such interest is in accordance with
all applicable law and fully disclosed to and approved by the City Manager, in advance and
in writing. Notwithstanding any approval given by the City Manager under this provision,
GRANTEE shall remain responsible for complying with Section 10(b), above.
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(f) If GRANTEE should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, GRANTEE shall include the
provisions of this Section 10 in each subcontract and require its subcontractors to comply
therewith.
(g) This Section 10 shall survive expiration or termination of this
Agreement.
11. ARPA Compliance and Certification. GRANTEE shall submit only those
expenditures which are eligible for payment and in compliance with the allowable
expenditures, including the following eligibility requirements:
GRANTEE shall provide the City with quarterly expenditure and performance
reports, as defined in the Final Rule and Treasury Department's SLFRF Compliance and
Reporting Guidance (CRG). GRANTEE shall also provide an annual report as required
under the CRG. These reports shall be in a form specified under the CRG and shall be
accompanied by invoices and receipts that substantiate the figures on the expenditure
report. Additionally, a certification signed by the Chief Executive or designee of GRANTEE
certifying that the uses of the grant funds are consistent with those allowed under ARPA,
shall be included with the expenditure report and substantiating documentation. As required
by the 2 CFR Part 170, Appendix A award term regarding reporting subaward and executive
compensation, recipients must also report the names and total compensation of their five
most highly compensated executives and their subrecipients' executives for the preceding
completed fiscal year if (1) the recipient received 80 percent or more of its annual gross
revenues from Federal procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards),
and received $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the Transparency
Act (and subawards), and (2) if the information is not otherwise public. If the GRANTEE is
already disclosing this information as part of another agreement involving Federal monies,
GRANTEE shall provide documentation to the City that it is fulfilling this requirement.
GRANTEE's failure to provide a Certification, or provide either the quarterly or annual
expenditure/performance reports may be considered a default of this Agreement under
Section 5 of this agreement. If GRANTEE is found to have provided services to ineligible
individual, households, or entities or made an ineligible expenditure, CITY shall have the
right to reclaim a dollar amount from the GRANTEE that is equal to the amount determined
to be ineligible.
12. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of
the City within the body of this Agreement, and not otherwise specifically provided for, shall
be effective only if signed by the City Manager or designee.
(b) The City is required under 2 CFR 200.332 to manage and monitor
subrecipient compliance with ARPA guidance. Accordingly, GRANTEE agrees to permit
City staff to conduct one performance review during the term of this agreement. City has
the right to conduct additional performance reviews both during the term of this agreement
and after the agreement's term should the City believe these reviews are necessary.
Records of GRANTEE expenses pertaining to the Project shall be kept on a generally
recognized accounting basis and shall be available to the City or its authorized
representatives upon request during regular business hours throughout the life of this
Agreement and for a period of three years after final payment or, if longer, for any period
required by law. Records related to GRANTEE's performance metrics shall be made
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available and retained for the same time periods as the Project's expense data. GRANTEE
shall furthermore comply with all funding requirements as set forth in ARPA. If GRANTEE
fails to provide City staff access or documentation necessary to conduct a City -requested
performance review, City may terminate this Agreement in accordance with Section 5.
In addition, all books, documents, papers, and records of GRANTEE
pertaining to the Project shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations,
audit, or other action is commenced before the expiration of said time period, all records
shall be retained and made available to the City until such action is resolved, or until the
end of said time period whichever shall later occur. If GRANTEE should subcontract all or
any portion of the services to be performed under this Agreement, GRANTEE shall cause
each subcontractor to also comply with the requirements of this paragraph. This Section
12(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, GRANTEE shall have
provided evidence to the City that GRANTEE is licensed to perform the services called for
by this Agreement (or that no license is required). If GRANTEE should subcontract all or
any portion of the work or services to be performed under this Agreement, GRANTEE shall
require each subcontractor to provide evidence to the City that subcontractor is licensed to
perform the services called for by this Agreement (or that no license is required) before
beginning work.
(d) Prior to execution of this Agreement by the City, GRANTEE will permit
City staff to conduct a subrecipient risk assessment, as required under the Uniform
Guidance (2 CFR 200.332(b)). Failure to allow City staff to conduct this subrecipient risk
assessment may result in the City terminating this Agreement in accordance with Section
5. Additionally, the GRANTEE's failure to be certified by City staff at the end of the risk
assessment as having adequate internal controls to manage the funding provided in this
agreement may result in the City terminating this Agreement in accordance with Section 5.
13. Nondiscrimination. To the extent required by controlling federal, state, and
local law, GRANTEE 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,
GRANTEE agrees as follows:
(a) GRANTEE will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran, or veteran of the Vietnam era be
excluded from participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this Agreement.
(b) GRANTEE will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran, or veteran of the Vietnam era. GRANTEE 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
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shall apply to GRANTEE'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. GRANTEE agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provision
of this nondiscrimination clause.
(c) GRANTEE will, in all solicitations or advertisements for employees
placed by or on behalf of GRANTEE 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) GRANTEE 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 the GRANTEE's
commitment under this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(e) If GRANTEE should subcontract all or any portion of the services to be
performed under this Agreement, GRANTEE shall cause each subcontractor to also comply
with the requirements of this Section 13.
14. Independent Contractor.
(a) In the furnishing of the services provided for herein, GRANTEE is
acting solely as an independent contractor. Neither GRANTEE, nor any of its officers,
agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner,
or associate of the City for any purpose. The City shall have no right to control or supervise
or direct the manner or method by which GRANTEE shall perform its work and functions.
However, the City shall retain the right to administer this Agreement so as to verify that
GRANTEE is performing its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between GRANTEE and the City. GRANTEE shall have no authority to bind the City absent
the City's express written consent. Except to the extent otherwise provided in this
Agreement, GRANTEE shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, GRANTEE and its
officers, agents, and employees shall have absolutely no right to employment rights and
benefits available to City employees. GRANTEE 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, GRANTEE shall be solely
responsible, indemnify, defend and save the City harmless from all matters relating to
employment and tax withholding for and payment of GRANTEE'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 the City's employment benefits, entitlements, programs and/or funds offered
employees of the City 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, GRANTEE may be providing services to others unrelated to the City or to this
Agreement.
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15. 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.
16. Binding. 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.
17. Assignment.
(a) This Agreement is personal to GRANTEE and there shall be no
assignment by GRANTEE of its rights or obligations under this Agreement without the prior
written approval of the City Manager or designee. Any attempted assignment by
GRANTEE, its successors or assigns, shall be null and void unless approved in writing by
the City Manager or designee.
(b) GRANTEE hereby agrees not to assign the payment of any monies
due GRANTEE from the City under the terms of this Agreement to any other individual(s),
corporation(s), or entity(ies). The City retains the right to pay any and all monies due the
GRANTEE directly to the GRANTEE.
18. Compliance With Law. In providing the services required under this
Agreement, GRANTEE shall at all times comply with all applicable laws of the United States,
including but not limited to, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.),
the State of California and the City, and all other 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 term of this Agreement. In addition,
GRANTOR elects to receive funds from the Secretary under ARPA and will use the funds
in a manner consistent with such section.
19. Waiver. The waiver by either party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of this
Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other provision
herein.
20. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue
for purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
21. Headings- 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.
22. Severability. The provisions of this Agreement are severable. The invalidity,
or unenforceability of any one provision in this Agreement shall not affect the other
provisions.
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23. Interpretation. 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 either party, but rather by construing the
terms in accordance with their generally accepted meaning.
24. Attorney's 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 in such proceeding or action shall be entitled to recover from the other party
its reasonable attorney's fees and legal expenses.
25. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
26. 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 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, shall be null and void.
27. 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.
28. No Third Party 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. 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.
29. 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. This
Agreement may be modified only by written instrument duly authorized and executed by
both the City and GRANTEE.
[SIGNATURES FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
DocuSigned by;
- B12/5/2022
y: t
Georgeanne A. White Date
City Manager, City of Fresno
APPROVED AS TO FORM:
RINA M. GONZALES
Interi Q1jrg,Q rney
�I At, l 12/5/2022
By:
Taylor W. Rhoan Angela M . Ka'i�te
Deputy City Attorney
ATTEST:
TODDST(ERMER, CMC
City ClgSigned by:
By:F�,V-& qaw 12/6/2022
1 Date
Deputy
Addresses:
CITY:
City of Fresno
Attention: Courtney Espinoza
Grants Management Unit
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-7008
FAX: (559) 457-1541
EXCEPTIONAL PARENTS UNLIMITED
a California nonprofit corporation
DocuSigned by:
By:
Name:
Lowell J. Ens
Title: CEO
(If corporation or LLC., Board Chair,
PrE&.9 �r�e Pres.)
By: Sw�a�nrnt, fWs
Name: suzanne Ellis
Title: CFO
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
EXCEPTIONAL PARENTS
UNLIMITED
Attention: Lilith Assadourian
4440 N First Street
Fresno, CA 93726
Phone: (559) 229-2000 X1220
Attachments:
1. Exhibit A - Scope of Work, Budget and Metrics
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
UUI:UJIyii CI IVCIUFu ILl. CCJ/rrUC-mr_L/r-41_,0/-MF1 D-I,VOD/_I UOUGUO
FXHIRIT A
Scope of Work Budget and Metrics
Executive Summary
This proposal focuses on supporting the fiscal sustainability of the early childhood
intervention services at Exceptional Parents Unlimited (EPU) due to the significant
hardships brought on by the pandemic and long-standing infrastructure inadequacies in the
early childhood systems of care across the state and nationally. Early intervention is key for
ensuring children with delays and disabilities are set on a path to long-term success. These
services help families of children with special needs, feel supported and confident while
minimizing the need for special education services when children enter the K-12 system.
EPU's early intervention program, EPIC (Engage. Play. Inspire.
Connect.) is funded by the California Department of Developmental Services through the
Central Valley Regional Center's (CVRC) vendorization for Early Start services. EPIC is a
transdisciplinary program that serves anywhere between 450-550 infants and toddlers
annually (200-250 at any given time) throughout Fresno County, with the majority of
services being within the City of Fresno.
COVID-19 has created unprecedented financial challenges and revenue shortfalls for the
program, jeopardizing our ability to continue delivering essential services to vulnerable
infants, toddlers and their families who often have underlying health conditions. In the last
two years, the program experienced all-time high cancellation rates (FY 2020-21: 2,864/
FY2021-22: 2,497), coupled with a record high staff turnoverb (76.5%). The cumulative
impact of these factors created a perfect setting for a perfect storm. While 100% of
program funding is usually earned through billable services; there is no reimbursement for
missed/ cancelled appointments, sick leave time, or lost productivity due to vacancies and
staff shortages.
EPU adopted a vaccination policy in September of 2020 to ensure the safety of staff and
those we serve. However, until recently, vaccination for children ages five and under was
not available, and according to the new poll findings conducted by the Kaiser Family
foundation, "there is a fairly high hesitancy about vaccinating young children". These are
key factors that have put the long term financial viability of our program at risk. The ARPA
funds will be used to help address the negative economic impact endured through the
pandemic and now post pandemic as we engage in recovery efforts. These efforts include
strategies focused on staff training and hands-on coaching to reduce staff turnover,
identifying improved family engagement activities to reduce cancellation and no show
occurrences as feasible and maximizing resources when serving families to ensure
services are family -centered, need -based, and productivity -minded. Regular use of data
will inform effectiveness of the strategies and mid -course adjustments will be made to
refine approach, as needed.
Services Description
Specialists such as Early Childhood Specialists (ECS), Physical Therapists, Occupational
Therapists, Speech -language Pathologists, Parent Coaches, and Early Intervention
Assistants (EIA), provide interventions for children and their families that target areas for
growth according to each young child's and family's specific needs in the context of their
culture, everyday activities and natural environments (in the child's home or in community
settings). EPU is dedicated to helping parents, caregivers, and families build new dreams,
Uuuuolyll CIIVCIuF1C IL-J. CCy/ rrVC-MCUr-Y1+0/-�M�O-I�UO DGl:JJVLV:J
and integrate their exceptional child into their family and into the community in the least
restrictive manner through:
- Individualized home visitation;
- Community connection outings; and
- Parent support.
Goals and Objectives
1) Restore projected revenue levels for EPIC, given that billable hour challenges are
projected to remain persistent into next fiscal year.
2) Reduce staff turnover rate to 20% in the next fiscal year.
i) Hands on coaching, support and training of staff;
ii) Create feedback loop so that families and staff can share experiences and
inform where continuous quality improvement areas are needed.
3) Improve overall productivity levels by 5% compared to FY2021-22.
i) Increase overall program utilization rates through meaningful service planning;
ii) Create both in -person and virtual service opportunities, giving families
flexible options for engagement;
iii) Aim to extend service duration from one hour to 1.5 billable hours for 20% of
the monthly services, improving overall productivity by 5%.
)gram/Project Milestones and Timeline
roject Milestones Timeline
estore revenue loss Throughout the duration of the
project funding period.
uce staff turnover rate to 20%
Improve overall productivity levels by 5%
(compared to FY 2021-22 productivity level)
12- month
the end of project funding at 12
onths.
a Time period: FY 2020-2021/ FY 2021-22. Source — Apricot, Social Solutions.
b Time period: September 2020-October 2022. Source — Paylocity. Program — EPIC.
UUL;u,Djyj, G,,vuiupv IL). CC5/ rrUC-F1CL/r-�F1�0/-.7M��-I,UO�G/JJ VL V:J
Program/Project Metrics
The data metrics will be tracked using the EPU's payroll software system, called
Paylocity and the Apricot 360 web -based software where client level information is
tracked and monitored.
# 1 & 3, the following metrics For goal # 2, the following metrics will be
icked in Apricot 360 web- based tracked and reported on:
Jon/ no show data
rogram utilization rate
iphic information of
in the program by
age and zip code
ervices (productivity)
Staff turnover rate
children
ethnicity,
Each metric can be reported aggregately on a quarterly basis.
Page 1 of 9
UOI:uoiyii CtIvCiupu iu. CCur :JJ000J
Organization Name: Exceptional Parents Unlimited, Inc
Expenditure Category: 2.13 Other Economic Support
(pick from list of expenditure categories (ab)
Budget Narrative
ARPA for Community Based Organizations
Cost Category: Personnel Casts (not associated
'ryow riler
Director of Early Childhood Services
with AdmfrWsodw expenses)
Responsible for data analysis. reporti and monitoring for contract compliance.
9/l/22-8131123
.1 FTE
$B7'820/ I
6.78200
Senior Pro ram Mann er-EPIC
Faespormille for day to d Oporgun of N act " in ira %vial the Scope of Work qoas and objectives.
9/t/22-8131123
.2 FTE
fi $65,115/ r
13,023 00
Early Childhood Specialist
Direct service staff providing early intervention services to children and families enrolled in EPIC,
9/1/22-8131123
911122-813V23
9 tM-11131123
911122AI31123
911122-W31123
.4 FTE
.4 FTE
.4 FTE
.4 FTE
.1 FTE
S44.4301 r
a $41,600/ r
a $41,2501 r
. $38,5701 r
@ S30.05,Wyr
17.772 00
16.640.00
16,500 00
15.428.00
3.005.00
Early Childhood Specialist
FAly Childhood Specialist
Early allarvenkln Asssterd
Parent Coach
EmrMwea Barals
Ilia^ 4". vlslon, mirenwiti oulignlect at 15% oriolal vages
-Ni tt il'23
$91.151 x .15
13.61300
Pa mll Taxes & Workers Ca , las-
Pa roll Taxes FICA & SUI1 budgeted at 8,6 % of waaes Workers Como budgeted at 1.4% of wages
9/1/22-8131123
$91.151
x .10
9.115 00
OperationsQom Categoric
r
r
Tamphons3 tibmal cost iscalcOW at$60 per FTE per month x 2 F I L's
Conlro*d speech services ala coslof $4,500 ($1501hr. x 30 his.), plus Network Administration costof$50
911/22-8/31123
$60x 2.x 12 mos.
1,440.0Q
Commuricaicris
9ry122-8/31123
$150 x 30+$50 x 12
5,100-00
Canoasclad Services
earmonth x 12ma(gm
Insurance/Taxes/Licenses
General liabili & prope insurance budgeted at$61,67 per month x 12 months
9/1122-8131123
$ 11.67 x 12 mos.
740.00
IvA04t Is raimhur&ed at"FRS +ate gf .62 per mile to sW u9ng dlalr personal voticfes t1 travel to
$.62 x 1.7 FTE's x
6fieagd. Vehicle Expenses
fanolles homes. Proiocrea nWeage lor hs grant is 150 m d" per monde x 1.7 FltFs: iuremaSvely, EPU has
911122-8131123
150 miles x 12 mos =
3.64700
6 vehicles avalable lorsialf b use Wr home visits. Vs hlGe exponses ifduda gas. fegaiAD11 and
51,897 + $1,750
m7Ml nanco. Costs S1,750 Wr Wild4 pmr oaf. The coal of om vehicle 4If - afloceind to Pats grant
Space and ul0ty costs are chwged to each program based upon FTE's. Cost includes office space.
9/1122-8131123
$535/mon, x 12 mos.
12,720.00
aordefeeca roams. "Smarr, and commons aces and is budgeted at$535 per month perF T.
k 2.0 FTE's
011i Expenses
911122-8131123
S50/mo. x 12 mos. x
'd.O
1,200.00
p
Includes, co ierlease. p4erL pnnv,cartridiqas. gaftnal 05ce S.LPPMSL and 00544ft,
FTE's
Staff Raining for mandated courses Cost is $250 per FTE per year. All courses are either online or offered
911/22-8131123
$2501year x 2 FTE's
500.00
Prawn and Travel
locally.
`add additional lines if needed, please ensure calculation are correct
Page 2 of 9
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Budget
Organization Name: Exceptional Parents Unlimited. Inc.
Expenditure Category: 2.13 Other Economic Support
(pick from list of expenditure categories tab)
ARPA for Community Based Organizations
CALCULATED TOTAL:
COST DESCRIPTION•
COST CATEGORY
(Personnel Director of Early Childhood Services $ 87.820.001 0.101
$ 158,785.00
TOTAL
FUNDSGRANT
8,782.00
$ 318,072.00
•TAL
79,038.00
$ 476,857.00
TOTAL PROJECT
COST
61,820.00
!Personnel
Senior Program Manaer-EPIC
$ 65,115.00
0.20
13,023.00
52,096.00
65,119.00
Personnel
Early Childhood Specialist
$ 44,430.00
0.40
17,772.00
26,658.00
44,430.00
Personnel
Earl Childhood Specialist
$ 41,600.00
0.40
16,640.00
24.960.00
41,600.00
Personnel
Earl Childhood S ecialist
$ 41,250.00
0.40
16,500.00
24,750.00
41,250.00
Personnel
Earl Intervention Assistant
$ 38,570.00
0.40
15,428.00
23.142.00
38,570.00
Personnel
Parent Coach
$ 30.050.00
0.10
3,005.00
27.045.00
30,050.00
Personnel
Employee Benefits
13,673.00
38.653.00
52..326.00
Personnel
Payroll Taxes & Worker's Comp. Ins.
9,115.00
21,730.00
30,845.00
Operations
Communications
1,440
1,440.00
Operations
Contracted Services
5,100
5,100.00
Operations
Insurancerraxes/Licenses
740
740.00
Operations
Mileage, Vehicle Expenses
3,647
3,647.00
Operations
Occupancy Costs
12,720
12,720.00
Operations
Office Expenses
1,200
1,200.00
,Operations
Training and Travel
500
500.00
Administration
lAdministrafive Costs
139,2861
0.14r
19,500.00
19,500.00
See the cost categories on Budget Narrative Tab for which cost categories to use.
Leverage is not required, however there is an opportunity to add Organization leverage to the program
Page 3 of 9
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Reporting Schedule
Please see the following reporting deadlines that are required by this grant. All reports
will be due on the dates below to the City of Fresno Grants Management Unit.
Quarterly Report — will be required on the dates listed below and will include required
narrative, program metrics and expenses to date. A quarterly reporting template will be
provided. Quarterly reporting will be required if project is operational during the
performance period.
Annual Report — will be required on the date below and is not dependent on when your
project started. An annual reporting template will be provided. Annual reporting will be
required if project is operational during the performance period.
r
r
Performance Period
Grant Execution — 12/31 /2022
1 /1 /2023 — 3/31 /2023
4/1 /2023 — 6/30/2023
7/1 /2023 — 9/30/2023
10/1 /2023 — 12/31 /2023
Performance Period
Grant Execution — 6/30/2023
7/1 /2023 — 6/30/2024
Quarterly Report Due
1 /13/2023
4/14/2023
7/14/2023
10/13/2023
1 /12/2024
Annual Report Due
7/14/2023
7/12/2024
Page 4 of 9
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Insurance Requirements
(a) Throughout the life of this Agreement, GRANTEE shall pay for and maintain
in full force and effect all insurance as required herein with an insurance company(ies)
either (i) admitted by the California Insurance Commissioner to do business in the State
of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as
may be authorized in writing by CITY'S Risk Manager or designee at any time and in
his/her sole discretion. If the GRANTEE is self -insured, the following requirements will
outline the responsibility of the self -insured coverage. The required policies of insurance
as stated herein shall maintain limits of liability of, not less than those amounts stated
therein. However, the insurance limits available to CITY and STATE and each of their
officers, officials, employees, agents and volunteers as additional insureds, shall be the
greater of the minimum limits specified therein or the full limit of any insurance proceeds
to the named insured.
(b) If at any time during the life of the Agreement or any extension, GRANTEE
fails 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 GRANTEE 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 GRANTEE 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 GRANTEE shall not be deemed to
release or diminish the liability of GRANTEE, including, without limitation, liability under
the indemnity provisions of this Agreement. The duty to indemnify CITY and STATE by
GRANTEE 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 GRANTEE. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of GRANTEE,
vendors, suppliers, invitees, consultants, medical professionals, subcontractors,
consultants, or anyone employed directly or indirectly by any of them.
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
Page 5 of 9
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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
GRANTEE'S profession.
MINIMUM LIMITS OF INSURANCE
GRANTEE shall procure and maintain for the duration of the contract insurance with limits
of liability not less than those set forth below. However, insurance limits available to CITY
and STATE and each of their 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:
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-:
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
Page 6of9
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UMBRELLA OR EXCESS INSURANCE
In the event GRANTEE 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 and STATE and each of their officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
GRANTEE shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and GRANTEE shall also be responsible for
payment of any self -insured retentions. Any self -insured retentions must be declared 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 self -insured retentions as
respects CITY and STATE or any of their officers, officials, employees,
agents and volunteers; or
(ii) GRANTEE 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
(i) 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 calendar days' written notice has been given to
CITY, except ten days for nonpayment of premium. GRANTEE 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,
GRANTEE 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, GRANTEE shall provide a new
certificate, and applicable endorsements, evidencing renewal of such policy
not less than fifteen calendar days prior to the expiration date of the expiring
policy.
(ii) The Commercial General and Automobile Liability insurance policies shall
be written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall
be endorsed to name CITY and STATE and each of their officers, officials,
agents, employees and volunteers as an additional insured. GRANTEE
shall establish additional insured status for the CITY and STATE for all
Page 7of9
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ongoing and completed operations under the Commercial General Liability
policy by use of ISO Forms or an executed manuscript insurance company
endorsements 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 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain,
or be endorsed to contain, that the GRANTEE'S insurance shall be primary
to and require no contribution from the CITY or STATE. The Commercial
General Liability policy is required to include primary and non-contributory
coverage in favor of the CITY and STATE for both the ongoing and
completed operations coverage. These coverages shall contain no special
limitations on the scope of protection afforded to CITY and STATE and each
of their officers, officials, employees, agents and volunteers. If GRANTEE
maintains higher limits of liability than the minimums shown above, CITY
and STATE requires and shall be entitled to coverage for the higher limits
of liability maintained by GRANTEE.
(v) Should any of these policies provide that the defense costs are paid within
the Limits of Liability, thereby reducing the available limits by defense costs,
then the requirement for the Limits of Liability of these polices will be twice
the above stated limits.
(vi) For any claims related to this Agreement, GRANTEE'S insurance coverage
shall be primary insurance with respect to the CITY and STATE and each
of their officers, officials, agents, employees and volunteers. Any insurance
or self-insurance maintained by the CITY and STATE and each of their
officers, officials, agents, employees and volunteers shall be excess of the
GRANTEE'S insurance and shall not contribute with it.
(vii) The Workers' Compensation insurance policy shall contain, or be endorsed
to contain, a waiver of subrogation as to CITY and STATE and each of their
officers, officials, agents, employees and volunteers.
(viii) The Commercial General and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to CITY and
STATE and each of their officers, officials, agents, employees and
volunteers.
If the Professional Liability (Abuse & Molestation) 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 GRANTEE.
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.
Page 8 of 9
L/UI;U0Ily.1I CIIVCIUPt1 IL/. CC.7/ I-UM.'7D-I+VODL/JJULUJ
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 GRANTEE, GRANTEE
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.
PROVIDING OF DOCUMENTS - GRANTEE shall furnish CITY with all
certificate(s) and applicable endorsements effecting coverage required herein. All
certificates and applicable endorsements are to be received by CITY's Risk
Manager within a reasonable time after execution of this agreement. All non -
ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, GRANTEE 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. All subcontractors working under the
direction of GRANTEE shall also be required to provide all documents noted
herein.
SUBCONTRACTORS- If GRANTEE subcontracts any or all of the services to be
performed under this Agreement, GRANTEE shall be solely responsible for
ensuring that its subcontractors maintain insurance coverage at levels no less than
those required by applicable law and is customary in the relevant industry and shall
indemnify CITY and STATE if failure to comply with this provision results in
damages to the CITY or the GRANTEE.
Page 9 of 9
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of
❑
its agents?
2
Do you represent any firm, organization, or person who is in
❑
Cxl
litigation with the City of Fresno?
3
Do you currently represent or perform work for any clients who
❑
0
do business with the City of Fresno?
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?
5
Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
❑
0
who has any significant role in the subject matter of this
service?
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?
* If the answer to any question is yes, please explain in full below.
Explanation:
None that are known.
u Additional page(s) attached.
Signature :.. .
12/2/2022
Date
Lowell J. Ens
(Name)
Exceptional Parents unlimited
(Company)
4440 N First Street
(Address)
Fresno, ca 93726
(City, State Zip)