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CITY OF FRESNO
COMMUNITY DEVELOPMENT BLOCK SUBRECIPIENT AGREEMENT
THIS AGREEMENT, entered this 3rd day of November, 2022, by and between the
City of Fresno, California, a municipal corporation, acting by and through its
Planning and Development Department — Housing and Community Development
Division, (GRANTEE) and RESOURCES FOR INDEPENDENCE CENTRAL
VALLEY (SUBRECIPIENT).
WHEREAS, the U.S. Department of Housing and Urban Development,
hereinafter referred to as "HUD", provides funding under its Community
Development Block Grant Program, hereinafter"CDBG", as authorized under Title
I of the Housing and Community Development Act of 1974, as amended, and
implemented under Title 24 of the Code of Federal Regulations, hereinafter
collectively referred to as the "Act", incorporated herein by its reference; and
WHEREAS, GRANTEE is a recipient of CDBG funding for fiscal year 2023
for use in funding eligible activities furthering established national objectives to
benefit its low and moderate- income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its 2020-2024 Consolidated
Plan and FY 2023 Annual Action Plan, as amended, desires to provide CDBG
funds to SUBRECIPIENT, for activities and services, as more fully described in
Exhibit A, Scope of Services, upon the terms and conditions in this Agreement;
and
WHEREAS, pursuant to City Resolution No. 2022-127, the City Manager is
authorized to execute CDBG Agreements, on behalf of GRANTEE, that are within
available allocated CDBG funding and in a standard form approved by the City
Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that:
1. TERM
The term of this Agreement shall commence on November 3, 2022, and unless
terminated earlier pursuant to the terms of this Agreement, shall continue until
June 30, 2023. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which SUBRECIPIENT
remains in control of CDBG funds or other CDBG assets, including Program
Income.
2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner
satisfactory to GRANTEE and consistent with any standards required as a
condition of providing these funds. GRANTEE will also perform the services set
forth in Exhibit "A" entitled "Scope of Work" attached hereto and incorporated by
reference herein and made a part hereof.
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SUBRECIPIENT shall administer the Program for the whole of the term of the
Agreement. SUBRECIPIENT shall administer the Program in compliance with the
CDBG requirements and in a manner,that meets the CDBG national objective(s)
of 24 C F R 570.208.
GRANTEE will monitor the performance of SUBRECIPIENT against goals and
performance standards as stated above. Substandard performance as
determined by GRANTEE will constitute noncompliance with this Agreement. If
action to correct such substandard performance is not taken by SUBRECIPIENT
within a reasonable amount of time after being notified by GRANTEE, contract
suspension or termination procedures will be initiated.
3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, on the form
provided by the GRANTEE as EXHIBIT F, a completed performance report
providing the requested information and data. The performance report shall be
submitted within thirty days of the close of each quarter.
SUBRECIPIENT shall ensure the CDBG grant funds provided by GRANTEE are
clearly identified as a subaward and include the following information:
SUBRECIPIENT NAME:
• Subrecipient ID (DUNS):
■ Federal Award Identification Number: (CDBG Grant#)
• Federal Award Date:
■ Period of Performance:
• Federal Funds Obligated by this Agreement:
• Total Federal Funds Obligated to SUBRECIPIENT:
• Total Amount of the Federal Award:
• Federal Award project description:
• Name of Federal awarding agency: Dept. of Housing Urban
Development
■ Name of pass-through entity: City of Fresno, California
■ Award Official Contact Information: Name and Address
• CFDA Number: 14.218
■ CFDA Name: Community Development Block Grant
• Identification of R&D: No
■ Indirect cost rate for the Federal award: 10%
SUBRECIPIENT shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities funded under this
Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the
National Objectives of the CDBG program;
c) Records required to determine the eligibility of activities;
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d) Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
e) Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f) Financial records as required by 2 CFR Part 200 as amended by 24
CFR 570.502, and
g) Other records necessary to document compliance with Subpart K of
24 CFR Part 570.
SUBRECIPIENT shall retain all project files, financial records, and any other
documents related to the Program for a period of three years from the date of the
close out of this Agreement, except in the following cases:
• If any litigation, claim, or audit is started before the expiration of the
three year period, the records must be retained until all litigation,
claims, or audit findings involving the records have been resolved
and final action taken.
• When the SUBRECIPIENT is notified in writing by the GRANTEE to
extend the retention period.
• Records for real property and equipment acquired with Federal funds
must be retained for three years after final disposition.
GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this
Agreement to determine compliance with this Agreement and CDBG
requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal
auditors authorized by GRANTEE and shall make available all information,
documents, and records reasonably requested and shall provide GRANTEE the
reasonable right of access to both records and personnel during normal business
hours for the purpose of assuring compliance with this Agreement and evaluating
performance hereunder. The rights of access in this section are not limited to the
required retention period but last as long as the records are retained.
4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with
the Proposed Budget attached hereto as Exhibit "B" and incorporated herein.
SUBRECIPIENT's sole source of compensation hereunder will be in the form of a
grant of CDBG funds as described herein. It is expressly agreed and understood
that the total amount to be paid by GRANTEE under this Agreement shall not
exceed THIRTY-FIVE THOUSAND DOLLARS ($35,000). SUBRECIPIENT shall
submit to GRANTEE a request for payment, in a form acceptable to GRANTEE,
on a monthly basis for the term of the Agreement. Said request shall be
accompanied with supporting documentation, including but not limited to paid
receipts, invoices and timesheets, to allow GRANTEE to determine compliance
with applicable federal regulations, including cost allowability.
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GRANTEE shall pay all approved requests for payment pursuant to this Agreement
within the normal course of business, typically 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.
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. Any unearned or
recaptured CDBG funding shall be returned to GRANTEE within thirty days of the
earlier of termination of this Agreement or notice by GRANTEE. Any interest
earned or received by SUBRECIPIENT thereon shall be remitted to the
GRANTEE.
An authorized official for SUBRECIPIENT must provide a signed certification with
each request that states the following: "By signing this report, I certify to the best
of my knowledge and belief that the report is true, complete, and accurate, and the
expenditures, disbursements and cash receipts are for the purposes and
objectives set forth in the terms and conditions of the Federal award. I am aware
that any false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud, false
statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title
31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of CDBG funds is subject
to the control of HUD, or other federal agencies, and should the CDBG 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 CDBG 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).
5. PROGRAM INCOME
Any income generated by SUBRECIPIENT from the use of CDBG funds governed
by thisAgreement shall be considered CDBG program income. All CDBG program
income (as defined at 24 CFR 570.500(a)) shall be retained by SUBRECIPIENT
for the term of this Agreement. The use of all CDBG program income is reserved
specifically for services outlined in the Scope of Work and is subject to the terms
of this Agreement.
6. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative
Requirements found in the U.S. federal regulations at 2 CFR Part 200.
SUBRECIPIENT shall establish and maintain effective internal control over CDBG
funds made available through this Agreement to provide reasonable assurance
that the Program is administered in compliance with applicable federal statutes,
regulations, and the terms and conditions of this Agreement. This includes
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evaluation and internal monitoring of the Program and prompt, appropriate action
when instances of noncompliance are identified.
SUBRECIPIENT shall follow a written procurement policy that allows for full and
open competition that meets the minimum standards of the U.S. federal regulations
at 2 CFR 200.317 through 200.326.
SUBRECIPIENT shall take reasonable measures to safeguard protected
personally identifiable information and other information GRANTEE designates as
sensitive consistent with applicable Federal, state and local laws regarding privacy
and obligations of confidentiality.
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 Agreement. As used in this
Agreement, 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. SUBRECIPIENT
may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
SUBRECIPIENT is prohibited from using CDBG funds or personnel employed in
the administration of the program for: political activities; inherently religious
activities; lobbying; political patronage; and nepotism activities.
SUBRECIPIENT shall 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.
SUBRECIPIENT shall 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. SUBRECIPIENT shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part.
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.
SUBRECIPIENT shall maintain a financial management system that identifies all
federal awards received and expended and the federal programs under which they
were received, including:
0 The CFDA title and number,
e Federal award identification number and year,
Y Name of the Federal agency, and
Y Name of the pass-through entity, if any.
SUBRECIPIENT shall follow written financial management policies and
procedures that, at a minimum, provide for:
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Determination of allowable costs in accordance with the terms and
conditions of this Agreement and the federal cost principles
published in the U.S. federal regulations at 2 CFR 200 Subpart E;
Effective control over, and accountability for, all funds, property, and
other assets to ensure all assets are safeguarded and they are used
solely for authorized purposes; and
Accurate financial reporting on federal awards, authorizations,
obligations, unobligated balances, assets, expenditures, income and
interest and be supported by source documentation.
7. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT
shall provide to GRANTEE a certification stating the total amount of federal awards
expended in the fiscal year. The certification shall be signed by an authorized
official.
SUBRECIPIENT agrees to have a single or program-specific audit conducted in
accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT
expends $750,000 or more in federal awards during any fiscal year that overlaps
with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit
to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar
days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of
the audit available for public inspection for three years from the date of submission
to the FAC.
GRANTEE shall issue a management decision for audit findings that relate to this
Agreement within six months of acceptance of the audit report by the FAC.
8. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any CDGB funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination. The use and disposition of real
property and equipment under this Agreement shall be in compliance with the
requirements of 24 CFR 570.502-504, as applicable.
9. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of
interest and governing the performance of its employees engaged in the selection,
award and administration of contracts. The standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a parent,
affiliate, or subsidiary organization, the standards of conduct must cover
organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial
in conducting a procurement action involving a related organization.
At a minimum, the standards of conduct shall include any person who is an
employee, agent, consultant, officer, or elected official or appointed official of
SUBRECIPIENT. No covered persons who exercise or have exercised any
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functions or responsibilities with respect to CDBG activities assisted under this
part, or who are in a position to participate in a decision making process or gain
inside information with regard to such activities, may obtain a financial interest or
benefit from a CDBG-assisted activity, or have a financial interest in any contract,
subcontract, or agreement with respect to a CDBG-assisted activity, or with
respect to the proceeds of the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their tenure
or for one year thereafter.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of
Conflict of Interest From included as Exhibit "D". Upon written request, GRANTEE
may grant an exception to the conflict of interest provisions on a case-by-case
basis.
10. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all
applicable City, State, and Federal guidelines including, but not limited to the
following federal program requirements as now in effect and as may be amended
from time to time:
Section 109 of the Housing and Community Development Act of 1974 requires that
no person in the United States shall on the grounds of race, color, national origin,
religion, or sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance made available pursuant to the Act. Section 109 also directs
that the prohibitions against discrimination on the basis of age under the Age
Discrimination Act and the prohibitions against discrimination on the basis of
disability under Section 504 shall apply to programs or activities receiving Federal
financial assistance under Title I programs.
Equal Opportunity requirements as described in Executive Order 11246, as
amended by Executive Orders 11375, 11478, 12086, and 12107.
Equal Protection of the Laws for Faith-Based and Community Organizations as
described in Executive Order 13279 and the implementing regulations at 41 CFR
chapter 60.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u)
and implementing regulations at 24 CFR part 135.
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this
part apply.
Exclusion of Debarred and Suspended Contractor requirements as described in 2
CFR Part 180.
Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to
apply for CDBG benefits, including financial assistance, public services, jobs and
access to new or rehabilitated housing and other facilities made available with
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CDBG. Benefits do not include relocation services and payments to which persons
displaced are entitled by law (24 CFR §570.613).
A building or facility designed, constructed, or altered with CDBG funds governed
by this Agreement that meets the definition of "residential structure" as defined in
24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is
subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C.
4151-4157) and shall comply with the Uniform Federal Accessibility Standards
(appendix A to 24 CFR part 40 for residential structures, and appendix A to 41
CFR part 101-19, subpart 101-19.6, for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218
and 225) (ADA) provides comprehensive civil rights to individuals with disabilities
in the areas of employment, public accommodations, State and local government
services, and telecommunications.
The contract provisions for non-federal entity contract under federal awards as set
forth in Exhibit "E".
11. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable
administrative actions and all required work of the Agreement have been
completed by SUBRECIPIENT.
Unless provided an extension through written notification by GRANTEE,
SUBRECIPIENT shall complete the following actions no later than thirty calendar
days after the end date of the term of this Agreement:
• Submit, all financial, performance, and other reports as required by
the terms of this Agreement;
• Liquidate all obligations incurred under the Agreement; and
• Transfer to GRANTEE any accounts receivable attributable to the
use of CDBG funds, including CDBG program income.
Notwithstanding the expiration or earlier termination of this Agreement,
SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout
requirements are completed. The following obligations of SUBRECIPIENT shall
survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
Y the obligation to cause audits to be performed relating to
SUBRECIPIENT'S activities and costs under this Agreement;
Y the obligation to repay to GRANTEE any CDBG proceeds improperly
disbursed to SUBRECIPIENT or disbursed for ineligible
expenditures;
• any other obligations which cannot by their nature be performed until
after the expiration of the Agreement such as the submittal of final
payment request and performance reports.
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Any real or personal property purchased in whole or in part with CDBG funds
provided under this Agreement are subject to the following requirements that shall
survive the termination of this Agreement:
• Insurance and reporting requirements regarding real and personal
property acquired with federal funds in accordance with the uniform
administrative requirements contained in the U.S. federal regulations
published at 2 CFR Part 200; and
• For real property under SUBRECIPIENT's control that was acquired
or improved in whole or in part with CDBG funds in excess of
$25,000, said property shall be used to meet one of the national
objectives in 24 CFR 570.208 for five years after close out of this
Agreement. If the property is disposed of within five years of the close
out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE
the a percentage of the current fair market value of the property equal
to the percentage of CDBG funds expended to the overall acquisition
and improvement cost of the property.
12. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party
if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and
upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated.
Furthermore, GRANTEE may suspend or terminate this Agreement if
SUBRECIPIENT materially fails to comply with any terms of this Agreement.
If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper
manner its obligations under this Agreement, ineffectively or improperly use funds
provided under this Agreement, or if SUBRECIPIENT shall violate any of the
covenants, agreements, or stipulations of this Agreement, GRANTEE shall
thereupon have the right to terminate this Agreement by giving written notice to
SUBRECIPIENT of such termination and specifying the effective date thereof, at
least five days before the effective date of such termination. In such event, all
finished or unfinished documents and reports prepared by SUBRECIPIENT under
this Agreement shall, at the option of GRANTEE, become its property and
SUBRECIPIENT shall be entitled to receive just and equitable payment for any
satisfactory work completed subject to the limitations of this Agreement.
13. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of
all potential conflicts of interest and violations of criminal law involving fraud,
bribery, or gratuity violations potentially affecting this Agreement. Failure to make
required disclosures can result in termination of the Agreement and suspension or
debarment from future federal awards.
14. FINDINGS CONFIDENTIAL
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Any reports, information or data given to or prepared by SUBRECIPIENT
concerning GRANTEE under this Agreement shall not be made available to any
individual or organization by SUBRECIPIENT without first submitting them to
GRANTEE.
15. GENERAL CONDITIONS
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, SUBRECIPIENT
shall notify GRANTEE in writing within thirty days of receiving notification from the
funding source and submit a cost allocation plan for approval by GRANTEE within
forty-five days of said official notification.
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG)) including
subpart K of these regulations, except that (1) SUBRECIPIENT does not assume
the recipient's environmental responsibilities described in 24 CFR 570.604 and (2)
SUBRECIPIENT does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. SUBRECIPIENT further
agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for
all of its employees involved in the performance of this Agreement.
SUBRECIPIENT shall comply with the bonding and insurance requirements set
forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient
insurance and bond coverage as set forth in Exhibit "C".
SUBRECIPIENT shall subcontract all work or services through written contract or
agreement subject to each provision of this Agreement and applicable City, State
and Federal guidelines and regulations. Prior to execution of any subcontract
hereunder, such subcontracts must be submitted by SUBRECIPIENT to
GRANTEE for its review and approval, which will specifically include a
determination of compliance. None of the work or services covered by this
Agreement, including but not limited to consultant work or services, shall be
subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior
written approval.
16. 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.
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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 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.
17. 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.
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18. 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 contract representatives:
GRANTEE SUBRECIPIENT
City of Fresno Resources for Independence
Central Valley - Attn: Suzanna Gamez,
Planning and Development Executive Director
Department, Housing 3636 N. First Street, Suite # 101
and Community Development Division Fresno, CA 93726
2600 Fresno Street Room 3076
Fresno, CA 93721
19. AMENDMENTS
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.
Notwithstanding the foregoing, approval of the City Council is not required for (i)
insubstantial adjustments in line items within the total approved budget; not
affecting the total approved budget amount, approved by the manager of the
Housing and Community Development Division of the Planning and Development
Department of the City (Administrator) or his or her designee; (ii) insubstantial
changes in the nature or scope of services specified in this Agreement approved
by the Administrator in his/her sole discretion, (iii) changes to the insurance
requirements specified in Exhibit "C" approved by the City's Risk Manager in
his/her sole discretion and (iv) an extension to the term of the Agreement, not to
exceed six months, in Administrator's sole discretion.
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 part of this Agreement,
such modifications will be incorporated only by written amendment signed by both
GRANTEE and SUBRECIPIENT.
20. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without
the prior written consent of the GRANTEE.
CDBG Subrecipient Agt 2021 —6/24/2021 12
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21. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this
Agreement shall not be affected thereby to the extent such remaining provisions
are not rendered impractical to perform taking into consideration the purposes of
this Agreement.
22. 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.
23. 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.
24. 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.
25. 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
remedies given by this Agreement shall be cumulative and in addition to those
otherwise provided by law.
26. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following
City Council approval.
27. 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.
28. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference,
incorporated into and made a part of this Agreement.
29. EXPENSES INCURRED UPON EVENT OF DEFAULT
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SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and
costs of collection and enforcement, including reasonable attorney's fees, incurred
by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT
under this Agreement.
30. 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.
31. 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.
32. 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.
33. 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, materialman, 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 circumstances
whatsoever. SUBRECIPIENT shall include this paragraph in all
contracts/subcontracts.
34. 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 therefrom 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
CDBG Subrecipient Agt 2021 —6/24/2021 14
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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.
35. 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.
36. 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.
37. 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.
[SIGNATURE PAGE TO FOLLOW]
CDBG Subrecipient Agt 2021—6/24/2021 15
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IN WITNESS WHEREOF, the parties have executed this Agreement at
Fresno, California, the day and year first above written.
GRANTEE SUBRECIPIENT
CITY OF FRESNO, RESOURCES FOR INDEPENDENCE
A California municipal corporation CENTRAL VALLEY
A 501(C) 3 NONPROFIT CORPORATION
DocuSigned by: DocuSigned by:
By 12/15/2022 By: sf�dln.A. fs('66r 12/5/2022
Georgeanne A. White, Selina Escobar
City Manager Name:
APPROVED AS TO FORM: Title: MS
RINA M. GONZALES (If corporation or LLC., Board Chair,
Interim City Attorney ,Bice Pres.)
DocuSigned by: �Z*21512022
By: B
"rV �AV1tiAuldALt 12/14/2022 y
Tracy N. Parvanian Date Name: Mar;Sol Vega
Supervising Deputy City Attorney Title: secretary
ATTEST: (If corporation or LLC., CFO,
TODD STERMER, CMC Treasurer, Secretary or Assistant
City Clerk Secretary)
ocuSigned by:
BY:
F�," g6LW' 12/15/2022
-017-3 Deputy
Addresses:
CITY: SUBRECIPIENT:
City of Fresno Resources for Independence Central
Attention: Karen Jenks Valley
Housing and Neighborhood Attention: Suzanna Gamez,
Revitalization Manager Executive Director
2600 Fresno Street, CH3N 3065 3636 N. First Street, Suite # 101
Fresno, CA 93721 Fresno, CA 93726
Phone: (559) 621-8507 Phone: (559) 221-2330
FAX: (559) [#] FAX: #
Attachments:
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: PROPOSED BUDGET
EXHIBIT C: INSURANCE REQUIREMENTS
EXHIBIT D: CONFLICT OF INTEREST
CDBG Subrecipient Agt 2021 —6/24/2021 16
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EXHIBIT E: CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS
EXHIBIT F: QUARTERLY REPORT
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EXHIBIT A
SCOPE OF WORK
Matrix Code: 05J — Fair Housing
Activities National Objective- LMC
CDBG Eligibility: Public Services (24 CFR 570.201(e))
Project Description
SUBRECIPIENT will provide a comprehensive Fair Housing Outreach and
Education Services Project to vulnerable and underserved populations within the
City of Fresno with the specific intent to provide easy-to-understand and culturally
relevant information on housing rights, the Fair Housing Act, housing
discrimination, housing resources and subsidies, and overall Fair Housing issues.
The major components of the Project include but are not limited to: Fair Housing
Training for RICV staff, Fair Housing training for the general public, the
development of educational and promotional materials, and Fair Housing
outreach and education.
SUBRECIPIENT will hire an FHA Grant Lead Staff to coordinate and implement
all components of RICV's Fair Housing Outreach and Education Project.
SUBRECIPIENT's staff will receive up-to-date information and training on Fair
Housing to include an overview with details on regulations, requirements,
discrimination, resources, Section 8, sources, and services.
SUBRECIPIENT will develop broad-scope materials on all aspects of fair housing
in multiple languages and culturally engaging formats. Topics will include, but will
not be limited to:
• Fair Housing Overview
■ Discrimination
• Federal and State regulations
• Reasonable Accommodation
■ Reasonable Modifications
• Rent vs. Buy
• Service Animals - California Law
SUBRECIPIENT will distribute specifically developed education and outreach
materials to targeted populations within the City of Fresno.
• Packets will include an easy-to-understand overview of Fair Housing
topics and issues, including housing resources and contact
information.
• Packets will also include information on housing requirements, and
Fair Housing laws.
18
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Fair Housing materials will be available and distributed in English,
Spanish and Hmong languages.
SUBRECIPIENT will conduct a minimum of four (4) Fair Housing trainings for the
community either virtually or in-person (or both) and conduct Fair Housing
trainings as requested by community-benefit organizations and other community
partners.
SUBRECIPIENT will conduct an aggressive Fair Housing Outreach and
Education Services Project promotional campaign, including the following:
• Weekly social media posts promoting Fair Housing.
• The development of a Fair Housing page on the RICV website,
• Bi-monthly (two-times per month)e-marketing distributions regarding
Fair Housing.
• Inclusion of a Fair Housing article in each issue of RICV's quarterly
newsletter.
SUBRECIPIENT will participate and attend community events throughout the
City of Fresno, by having a table/booth and distribute Fair Housing information
and education to the public. RICV will commit to participating in a minimum of
two (2) such events per month.
SUBRECIPIENT will actively participate in the City of Fresno's Commission
Subcommittee on Housing, and the City of Fresno's Immigrant Affairs
Committee.
Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:
Basic Activity Information
The SUBRECIPIENT shall maintain a project file that contains a full description
of each activity assisted with CDBG funds, including its location, the amount
of CDBG funds budgeted, obligated and expended for the activity, and the
eligibility and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied
for, participated in, or benefited from, any program or activity funded in whole
or in part with CDBG funds. Such information shall be used only as a basis for
further investigation as to compliance with nondiscrimination requirements. No
recipient is required to attain or maintain any particular statistical measure by
race, ethnicity, or gender in covered programs.
Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with
the applicable requirements listed in Sec. 570.502, including source
19
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documentation. The project file must document how the CDBG funds are
expended. Such documentation must include, to the extent applicable:
Invoices with supporting documentation
Evidence that adequate procurement practices were in place and followed
Schedules containing comparisons of budgeted amounts and actual
expenditures,
• Other documentation appropriate to the nature of the activity
National Objective Compliance - Limited Clientele Activities (LMC)
The SUBRECIPIENT shall maintain a set of records to document that at least
51% of the beneficiaries are low and moderate income. For each person
or family assisted, such records shall include income limits applied at the point
in time when the benefit was determined, and a self-certification signed by
the beneficiary stating their income and family size.
SUBRECIPIENT shall ensure the CDBG grant funds provided by GRANTEE
are clearly identified as a sub-award and include the following information:
• SUBRECIPIENT NAME: Resources for Independence Central
Valley
® Subrecipient ID (DUNS): 037872751
O Federal Award Identification Number: B-22-MC-06-0001
m Federal Award Date: pending
® Period of Performance: November 3, 2022 — June 30, 2023
a Federal Funds Obligated by this Agreement: CDBG
® Total Federal Funds Obligated to SUBRECIPIENT: $35,000
Total Amount of the Federal Award: $7,190,185.93
• Federal Award project description: See Exhibit A— Scope of Work
m Name of Federal awarding agency: Dept. of Housing Urban
Development
0 Name of pass-through entity: City of Fresno, California
Award Official Contact Information: See Section 18 — Notices
® CFDA Number: 14.218
CFDA Name: Community Development Block Grant
Identification of R&D: No
® Indirect cost rate for the Federal award: 10%
20
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EXHIBIT B
PROPOSED BUDGET
Selarles/Wages(Specify each position)
FH�I,ra�f Laao S[z1 ''0.cfu
CHmmun,iy Organizer I7C ?lic" 217E
Development Coormnaor 3 G9
OL1reach Stppon qan 4,4 4
Frvlge Benefits `17E=d 5 17fi `170
Dvedor of Programs 7IN 2153
Executive DlreLtor 1410 1440 1=.10
I,0':�c I njg
TOTAL PERSONNEL $23,969 $6,186.88 $30,1458£ $ 5 $ 5 5 $"so,lss8e
BUDGET
Other Direct Costs(Include only costs thatare direct;Indirect costs are covered under the Indirect Cost Rate)
g-nmir.9,3ovage F_50
gvotenals 50
rpra!aGcYrket ng Z00
travel 1
TOTAL OTHER DIRECT $ $ $ $ $ $1,67230
COSTS
INDIRECTCOSTS•ZSelr:ct 1 Indirect rain Onio
Approved Indirect Cost
Rate
De minlmus 10%Rate
TOTAL INDIRECTCOST $3,1B179
BUDGET
- 351000 `• 35,000
21
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EXHIBIT C
INSURANCE REQUIREMENTS
Agreement between City of Fresno (CITY) and Resources for Independence
Central Valley (SUBRECIPIENT)
Name of the Protect
Fair Housing Outreach and Education Services
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). If
personal automobile coverage is used, the CITY, its officers, officials,
employees, agents and volunteers are to be listed as additional
insureds.
3. Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
4. Social Services Liability or Professional Liability (Abuse &
Molestation) that insures against liability arising out of the bodily
injury, personal injury, and third-party property damage occurring
because of the wrongful or negligent acts attributable to the
institution. This coverage should protect against a wide range of
potential claims, including but not limited to assault, verbal and/or
physical abuse, sexual molestation and other sexual misconducts.
22
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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_ (Abuse & Molestation):
(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 or be endorsed to apply on a primary and non-contributory basis for the
benefit of the CITY, its officers, officials, employees, agents and volunteers.
23
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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 his/her designee. At the option of the
CITY'S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or
(ii) SUBRECIPIENT shall provide a financial guarantee, satisfactory to CITY'S
Risk Manager or his/her designee, guaranteeing payment of losses and
related investigations, claim administration and defense expenses. At no
time shall CITY be responsible for the payment of any deductibles or self-
insured retentions.
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 by use of ISO Form CG 20 12 04 13 or CG 20
26 04 13 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Forms CG 20 12 04 13 or CG 20 26 04 13.
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
24
L/ul;u,Diyi ciivwup"mi.waeovtu-ci.or-rmo-ovai-icu iurrumoo,.
non-contributory status as broad as that contained in ISO Form CG
2001 0413.
4. 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.
The Workers' Com ensation insurance polic 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 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 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
25
uuL;u JIIyII CIIVCIUptC IU. LJVJLJJl U-/_,_Dr-'#rmo-OUz;i-iz IIUr/utA00%.
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 shall
require and verify that subcontractors maintain insurance meeting all the
requirements stated herein and SUBRECIPIENT shall ensure that CITY, its
officers, officials, employees, agents, and volunteers are additional insureds. The
subcontractors' certificates and endorsements shall be on file with
SUBRECIPIENT, and CITY, prior to commencement of any work by the
subcontractor
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.
26
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EXHIBIT D
CONFLICT OF INTEREST
City C` Housing and Community DevetopmeW Division
Cl,��li ,�,li►i Planning I Development Depanrnent
No Conflict of inter+-.5t certification—HUD C:DBG,HOME,ESG and HOPWA Prop-an�s
Conflict of Interest Regulations may be
Suzanna Gamez found at: 24 CFR 92.356,24 CFR
Name of Subrecipient or Appricaut 570.611,24 CFR S74-625,24 CFR
576-404,2 CFR 112 and 2 CFR 318(C)l1)1
Subrecillient or Applicant admowledges and understands that,under HUD conflict of interest rules under 24 CFR
92356, 24 CFR 570-611, 24 CFR 574.625, 24 CFR 576.404, 2 CFR 112 and 2 CFR 318 (C)(i)],an employee, agent,
consultant,offiirer,or elected or appointed official of the subrecipient,applicant or City of Fresno who exercises or has
exercised any functions or responsibilities with respect to activities assisted w"th CDBG,HO1NE,ESG or HOPWA funds
or who is in a position to participate in a decision making process or gain inside-information with regard to these
activities (each 'Covered Person"), may not obtain a financial interest or benefit from a CDBG, HOME, ESG or
HOPWA-assisted activity,or have an interest in any contract,subcontract or agreement with respell thereto,or the
proceeds thereunder,either for themselves or those with whom they have family ar business ties,during their tenure
or for one yeartheneafter-
{SM)ET ONLY THE OER n Fi CATION THAT APPLIES TO THIS AGREEMENT OR AGREEMENT OR APPUCATB(M.D0 NOT SIGH 60rK)
Subrecipient or Applicant hereby certifies that no"covered person'in its agency or corporation is currenNya
Covered Person and has not been a Covered Person for a period of at least one(1)calendar year prior to the date of
this agreement or application
docu5igned by:
Suzanna Gamez Slt/'-jAa/l.la.�I. G � 1Date 2
Name J Date
EB3(1-01A71 5A4•7 Jp..
OR
0 Subri c3 ient or Applicant hereby certifies that stA edpient/applicant organization includes a Covered Personas
defined above,or because subrecipient/applicant has a family or business relationship with a Covered Person.
Name Signature Date
Please provide a separate oertification for each"covered person"and select the type of covered person-
O Employee O Agent 0 Consultant 0 Officer 0 E6ected Official ❑Appointed Official
The Covered Person is:
Subrecipiera/Applicarrt"covered person"
[]Farnily member-lame: (please FpFint dearly)
Business associate-name: [please p^^rdea*j1
A Covered Person does not automatically disqualify an entity from participating in a HUD assisted program- If a
covered person is identified,the Senior Management Analyst or Project Manager will assist you with the additional
steps that must be taken before the organisation's agreement or application can befunded-
A person may become a'covered'person'at any time during the implementation process and this will include
beneficiaries receiving 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 rertification is required each time a covered person is
identified.
28
VUI:UJlyII CI IV uluptC IU. UUJGJv/U-GIJOr trmo-OU�I-ILU IUr/UMJUI.
EXHIBIT E
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non-Federal
entity, all contracts made by the non-Federal entity under the Federal award must
contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non-Federal entity including the manner by which it will be
effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, "Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non-Federal entities must include a provision for compliance with the
Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. The non-Federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.
The non-Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor
28
L/UL;u,DiJ.II CIIVCIU[.1C IL/.UVJGJ.7/V-Ll_or"#r HO-OVJ I-ILL!IVr/VMJOI,
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non-Federal
entity must report all suspected or reported violations to the Federal awarding
agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non-Federal entity in excess of $100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous
or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that"funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non-Federal award
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (42 U.S.C. 6201).
(1) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government-
wide Excluded Parties List System in the System for Award Management (SAM),
in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
29
L)UUUJIIJ.II CIIVUIUFJC IL). UOJLJZ7/U-4I,Dr-4rMD-ODUI-ILUIUr/UMJO%I
Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System
in SAM contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
(J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award of $100,000 or more must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
(K) See §200.322 Procurement of recovered materials.
30
UUL;uoiyII CIIVCIUpv ILI.LiV I-IGL/IUr/UMJOI..
EXHIBIT F
QUARTERLY REPORT
Rep—o: EXHIBIT F PY22-RICV-Ouartedy Report Template
CITY OF FRESNO CDBG Quarterly Report Overview
PLANNING AND DEVELOPMENT,HOUSING AND Grant,Utilization and Performance 1 of 1
COMMUNITY DEVELOPMENT
Pe rc Ra�mW !or In penderlen
P) Sponsor Name: Central Valley Project Spons¢r ID(DUNS M) 37872751
Fadwal Award Identification B-Z2-MC-06-0001 Federal Obligation Date: TBO
Number(CDBG Grant 0):
i¢t;rt¢I ALI Federal Fund,
Fedn nl Funds Obligated by £ 35,000.00 O bllgated to Subreciplem for S 35,000.00
Th Is Agreement:
this Project or Acthdty:
Total Amount of ALL Funding Name of Federal Awarding Depo rumen:of He using a nd
rae ihl;PJoject or Activity $ 35,000.00 Agency Urban perdopment tHUO)
Nam,of Pass-Through Entity: City of Fresno,CA Award Official Contact Person:Kimberly L Archie
Community Development Block 2600
Fresno
F
LYIFANA.me and Number Gram-Entitlement Grams/ Award Official Address: Fresno
Fresno CPI 9372 af3N 3065,
1
17.218
IdomHl[itenn of R&D: No Maximum Indirect Cost Rate 10X
for t he F edn rut Award
OAte of Contract Execution ]1/03/22 Accomplishment Yea r(HUD 2022-2023
(min/dd/xx) Program Year)
Period of Performance Star[ 11/03/Z2 Period of Performance End 06/30/23
Date Immlddlwr) Date jmm/dd/xx)
Anion Plan year/IDIS Project 2022/x Activity lOIS Matrix Code 05)
IO N umbe r
1
Total CgBG Funds Expended
{AYTOI
Total Funds Expendedfor
I ndh oa Cost(PYTD) BDIV/01
Af pon prepared by: Omefeport isw ated:
31
UUI:UJIIy.II CI IVCIUytC IU.UUJGJ-1]U-GI,0r-VrMD-0U.7 I-I LU IUr/UHJOIr
Report to: CDOG Quarterly Report PY22-RICV-Quancrly Report Te-Place
CRY OF rR ESNO Public Service Activity Perlormance Public Service Data
PUNNING AND OEV ELOPMEM,HOU5ING AND 1 oI l
CDA3e.]Da0'11'D NO"OF &M
CPMIIu=iSr DarllOArACN Eldek National Objective Activity
MR.- Grant-Entitlement Gnnls/ LMU051
Malria Code
14.219
Hea of CAnlfatl Eaceution Accomplishment Year(Federal 2022-2023
Im�14-1 11/03/22 Program Yeaf)
Period olpedormance Start Date Period of Performance End
1—NW-1 _:laa,22 Pale!mr,0dQ—j Db(30/!]
DIRECT BENEFIT DATA
Tcb*Below)
PACE-CUMMULATIVE CONTRACr PERiOD-TO-DAIE JND[e:Since penam are Encouraged to chea.11 R.cesthat apply the
Subr,cipient need to adjustlelimin,te clplicatiom whenever multiple race,have been indicated by the benefici,,y)
VTlv/C.Wt 0 .
map nFrir4n Amerreo
nl,rimn card LWAII16U4 N,10-
Native Hawaiian/Other Pacifs
-der
".n,,n UCtan/AlsLUO W W o
Wh•m
Asian&White
41 a"Ttion A-1—&vnpta
nmerican Indian/Alaskan Native&
ra Afr:ean Ariwlon
0thulMuh14W W
Adluslmentto eliminate duplication
�',Gpross as negative number)
Dotal(Needs to Match Ethnicity 0 u 0
Totals above)
blmnldyt—
p�n�
Nana op/Mo par.tr
Taid
•`comp'-mc,R JW(Persons or Households) PlapW
rams Nunwl-of rrrtw,.A,..tted
W Nn TMM ft-0,,Numoer of P[-sem:
RNMN[[gt]rvl AE—W ASS tJ.00-fle
With IrAPrin'L+dMcerr to 4 Serrg.aaoebl
RC asr+>,iM pr NeneSt SRNit!b ltl4wsu4urr
FOrAl IdtDt+d rnAlrh total AurA W:.!porulnr!l W lad aba O
Fol llC 04 Funds Upended(PYFO)
arre:•
SM
pnppa.ed M: W le itpan PrrynrrY=
32
UUUu,.)1yJI CIIVCIUpU IU.UUJGJZ7I U-4%,Dr-'#r/1D-000 I-ILU I Ur/UM00I1
EXHIBIT D
CONFLICT OF INTEREST
GitV 04
Planning and Development Departrnent
No Conflict Of Interest Certif cation—HUD CDQG,HOME,ESG and HIOPWA Plagl'ar��s
Conflict of Interest Regulations may be
Suzanna Gamez found at: 24 CFR 92356,24 CFR
Name of Subrecipierrt or Applicant 574-611,24 CFR 574.625,24 CFR
576-404,2 CFR M and 2 CFR 318(C7(111
Subreciplent or Applicant acknowledges and understands that,under HUD conflict of interest rules under 24 CFR
92356, 24 CFR 570-611, 24 CFR 574.625, 24 CFR 576.4d4, 2 CFR 112 and 2 CFR 319 (C)(1)),an employee, gym,
consultant officer,or elected or appointed official of the subrecipieut,applicant or City of Fresno who exercises or has
exercised any functions or responsibiliCles with respect to activities assisted with CDBG,HOME,ESG or HOPWA hinds
or who is in a position to participate in a decision making process or gain inside information with regard to these
activi ies (each "Covered Person"), may not obtain a financial interest or benefit from a CDBG, HOME, ESG or
HOPWA-assisted activity,or have an interest in any contract,subcontract or agreement with respect thereto,or the
proceeds thereunder,eitherfor themselves or those with whore they have family or business ties,during their tenure
or for one yearthereafter.
(SELECT ONLY THE CERTTrT:A7;.7:�THAT APPLIES TO THM AGREEMENT OR AGREEMENT OR APPLICATION.DO NUT SIGH BOTH.)
U Subrecipient or Applicant hereby certifies that no"covered person"in its agency or corporation is currently a
Covered Person and has not been a Covered Person for a period of at least one(1)calendar year prior to the date of
this agreement or application
DocuSigned by:
Suzanna Gamez SU/�A�A.!/y,A. Gxm� 10/19/22
Nlame E a"41A7 55A4-9D.. Date
�]Sulxetipient or Applicant hereby certifies that subrecipientfapplicant organization includes a Covered Person as
defined above,or because subrecipient/applicant has a family or business relationship with a Covered Person.
Name Signature Date
Please provide a separate certification for each"covered person"and select the type of covered person_
El Employee E:1 Agent O Consultant ®Officer E3 Eliected Official ❑Appointed Official
The Covered Person is_
Subn cipient/Applicant"covered person-
0 Family member-name_ Ipfea.e print dearly)
Q Business associate me: fpic—printde-ty)
A Covered Person does not automatically disqualify an entity from participating in a HUE)assisted program. If a
covered person is identified,the Senior Managernent Analpt or Project Manager will assist you with the additional
steps that must be taken before the organization's a}ree ment or application can befunded-
A person may become a'covered person"at anytime duringthe implementation process and this will include
beneficiaries receiiving 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 tune a covered person is
identified.
28