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HomeMy WebLinkAboutElevate Community Services - ESG Agreemt - 12-31-2022UUI:UJIIy.II CIIVCjUpZ IU.'F:1JJ/MI�U-UM4r-4:JOU-DODU-GDV �JIi�VVCCM BY AND BETWEEN ELEVATE COMMUNITY SERVICES INC. FOR THE ADMINISTRATION OF CORONAVIRUS HEARTH EMERGENCY SOLUTIONS GRANT FUNDS (E-20-MW-06-0001) THIS AGREEMENT is made and entered into effective upon execution by both parties, by and between the CITY OF FRESNO (the CITY), and Elevate Community Services, Inc. (the SUBRECIPIENT), for operation of a low barrier homeless shelter/triage center at 1444 W. White Ave Fresno, CA 93728. RECITALS WHEREAS, the United States Department of Housing and Urban Development (HUD) has provided an allocation of HEARTH Emergency Solutions Grant (HESG or ESG) funds to the CITY under Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136) to protect the health and safety of people experiencing homelessness and reduce the spread of the COVID-19 outbreak; and WHEREAS, the SUBRECIPIENT will continue operate a low barrier homeless shelter/triage center and provide services at its property located at 1444 W. White Ave Fresno, CA 93728. Through this agreement Travel Inn staff shall be increased by three full time Case Managers for the purpose of improving the ratio of case managers to tenants in order to provide the level of service necessary to protect the health and safety of people experiencing homelessness and reduce the spread of the COVID-19 outbreak; and WHEREAS, the SUBRECIPIENT hereby represents that it desires to and is professionally and legally capable of operating the emergency shelter for and providing services to the homeless persons in manner consistent with HUD and CITY requirements; and WHEREAS, this Agreement will be administered for the City by its City Manager through the Planning and Development Department, Division of Housing and Community Development or other designee of the City Manager. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions and premises hereinafter combined to be kept and performed by the respective Parties, it is mutually agreed as follows: ARTICLE 1 DEFINITIONS. Wherever used in this Agreement or any of the contract documents, the following words shall have the meaning herein given, unless the context requires a different meaning. A. "ACT" — 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant and Consolidated Plan Conforming Amendments Interim Rule, published in the Federal Register on December 5, 2011 (76 Fed. Reg. 75954). B. "Administrator" and "Contract Adminiti_:,a': " shall mean the Manager of the Housing and Community Development Division of the Planning and Development 2809494v1 / 18621.0003 uuuuolylI CIIVCIUF tC IL-J. �FJJJ/MIrV-UF14r-'+:JOV-DO�V-GDV�.7l..DVVCC/1 Department of CITY or other designee of the City Manager. C. "Budget" shall mean SUBRECIPIENT's Cost Proposal submitted with the Bid Proposal. D. "CARES ACT" shall mean Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136) E. "City Manager" shall mean the City Manager of the CITY. F. "Contract" or "Contract Documents" shall mean and refer to this Agreement including its exhibits. G. "ESG" or "HESG" shall mean the HEARTH Emergency Solutions Grant as set forth in the ACT. H. "ESG-CV" shall mean the Emergency Solutions Grant provisions as set forth in the CARES ACT. I. "Grant Award" shall mean the total of Two Hundred Fifty -Three Thousand Two Hundred Sixty -Six Dollars and Twenty -One Cents (253, 266.21) of HESG or ESG funds awarded by CITY to SUBRECIPIENT as more particularly described in Section 4 of this Agreement. J. "HMIS" means the Homeless Management Information System. HMIS is the information system designated by the local Continuum of Care (CoC) to comply with the requirements of CoC Program interim rule 24 CFR 578. It is a locally -administered data system used to record and analyze client, service, and housing data for individuals and families who are homeless or at risk of homelessness. K. "HUD" shall mean the United States Department of Housing and Urban Development. L. "Program" shall mean services provided under the Federal funding source. M. "Program Component" shall mean the five program components of: Street Outreach, Emergency Shelter, Rapid Rehousing, Homelessness Prevention, and HMIS as more fully described at 24 CFR 576.101 through 576.107. Administration of the Program is an activity and not a Program Component. N. "Program Income" for the specific purpose of this Agreement shall be as defined in the ACT. Unless otherAlise provided for in the ACT, Program Income shall include any and all gross income earned by or accruing to SUBRECIPIENT in its performance hereunder provided that the term Program Income does not include rebates, credits, discounts, or refunds realized by SUBRECIPIENT in its performance hereunder. O. "Progressive Expenditure Deadlines" for the specific purpose of this Agreement, the progressive expenditure deadlines are: twenty percent (20%) of the Grant Award must be expended by December 31, 2022; eighty percent (80%) of the Grant Award must be expended by June 30, 2023; and one hundred percent (100%) of the Grant Award must be expended by September 30, 2023. Failure to meet these deadlines will result in the recapture of an amount equal to the difference between the required expenditure by the applicable deadline and the actual expenditure by the applicable deadline. P. "Progressive_ Reimbursement B2.guest Deadilnes" for the specific purpose of this 2809494v1 / 18621.0003 2 LIUUU01y1I CIIVU1UyV IU. YUJJ//'11+V-Uh14 r-'I:JOV-�O�U-GD V.7�lJUVVCCM Agreement, the SUBRECIPIENT requests for reimbursement of eligible ESG-CV expenditures must be made within thirty (30) days of the respective Progressive Expenditure Deadlines. The Progressive Reimbursement Request Deadlines shall occur no later than one (1) month after Progressive Expenditure Deadlines as follows: a request for reimbursement of an amount not less than twenty percent (20%) of the Grant Award's allowed cost roust be made by January 01, 2023; a request for reimbursement of an amount not less than eighty percent (80%) of the Grant Award's allowed cost must be made by July 31, 2023; and a request for reimbursement of an amount not less than one hundred percent (100%) of the Grant Award's allowed cost must be made by October 31, 2023. Q. "Project" shall mean the SUBRECIPIF_NT'S operation of low barrier homeless shelter/triage center at 1444 W. White Ave Fresno, CA 93728, R. "Recapture" shall mean the CITY's ability to recapture up to twenty percent (20%) of SUBRECIPIENT's total ESG-CV award if SUBRECIPIENT has not requested reimbursement of twenty percent (20%) of allowed ESG-CV costs through December 31, 2022 by January 31, 2023; recapture up to eighty percent (80%) of SUBRECIPIENT's total ESG-CV award if SUBRECIPIENT has not requested reimbursement of eighty percent (80%) of allowed ESG-CV costs through June 30, 2023 by July 31, 2023; recapture up to one hundred percent (100%) of SUBRECIPIENT's total ESG-CV award if SUBRECIPIENT has not requested reimbursement of one hundred percent (100%) of allowed ESG-CV costs through September 30, 2023 by October 31, 2023. S. "Scope of Services or Services" shall mean those services submitted with SUBRECIPIENT's bid proposal to be offered in fulfillment of the Program and included in Exhibit A. T. "Subaward" shali mean an award of CITY ESG or HESG funds provided by the SUBRECIPIENT to its Subrecipient (2 CFR 200.331) in order to administer all or a portion of SUBRECIPIENT's Scope of Services. U. "Subcontract" shall mean a SUBRECIPIENT's agreement, with a vendor or subcontractor, which is selected in accordance with the SUBRECIPIENT's board - approved procurement policy and Federal procurement and contracting requirements at 2 CFR 200.318 through 200.326. V. "Subrecipient" shall mean an entity that receives a Subaward from the SUBRECIPIENT to carry out a part of the Program, Program Component and/or Project, but shall not include an individual that is a beneficiary of such Program. A Subrecipient may also be a recipient of other grant awards directly from the CITY. 1. Contract Administration. This Agreement including all the Contract Documents shall be administered according to the order of precedence set forth herein for CITY by Administrator who shall bc- SUBRECIPIENT's point of contact and to whom SUBRECIPIENT shall report. 2. Scone of Services. SUBRECIPIENT shall provide the Program in conformance with the C-or,tract Documents and perform to the satisfaction of CITY those services set forth in Exhibit A and services necessarily related or incidental thereto even though not expressly set forth therein. 3. Effestive D&F e. and Term of A reernent. It is the intent of the Parties that this Agreement be effective upon execution. Due to the urgent need to immediately 2809494v1 / 18621.0003 J UUUUJIyj1 CIIvmupt1 IU.'F:1JJ//1llV-VM4 r-'-FJOV-DODV-GD V.7.7liDVVCCh1 protect the health and safety of persons experiencing homelessness and reduce the spread of the COVID-19 outbreak, the CITY will accept SUBRECIPIENT requests for reimbursement for eligible services and related allowed costs incurred on or after September 1, 2022. The period of the homeless shelter/triage center operations and service delivery under this Agreement shall end on September 30, 2023; followed by a thirty (30)-day invoice and data submission period which may be extended an additional thirty (30) days for the SUBRECIPIENT to have the opportunity to correct invoice documentation and accomplishment dada errors or deficiencies. The CITY will also conduct it final close-out monitoring by November 30, 2023. 4. Corr;+rerEsa(,:!on and Msihpd of Payment. CITY shall pay SUBRECIPIENT the ^cgr_ag_te sum nat to exceed Two Hundred Fifty -Three Thousand Two Hundred Sixty-S';: Do!lars and Twenty -Ore Cents (253,266.21) for satisfactory performance of the services rendered pursuant to this Agreement and as set forth in Exhibit B attached hereto and incorporated herein. Compensation is based on actual expenditures, supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders, or any other accounting documents pertaining in whole or in part to this Agreement and shall be clearly identified and submitted by the SUBRECIPIENT to the CITY with each request for reimbursement. The SUBRECIPIENT's request for reimbursement shall also be in accordance with the Budget set forth in Exhibit B. It is understood that all expenses incidental to SUBRECIPIENT's performance of Services under this Agreement shall be borne by the SUBRECIPIENT. if SUBRECIPIENT should fail to comply with any provisions of this Agreement, CITY shall be relieved of its obligation for further compensation after providing SUBRECIPIENT with written notice of non-compliance and a thirty (30)-day opportunity to cure as provided for in Section 8 below. Notwithstanding any payment provisions herein, SUBRECIRENT's failure to timely and properly submit required records and reports set forth in this Agreement may be cause for CITY to delay reimbursement payments to SUBRECIPIENT. Payments shall be made by the CITY to SUBRECIPIENT in arrears for Services provided during the preceding month. Such payment by CITY shall be made in the normal course of business, generally within thirty (30) days after the date of receipt by CITY of a correctly completed and suppo ted invoice in accordance with the provisions of this paragraph and shall be for the actual expenditures incurred by SUBRECIPIENT in accordance with Exhibit B. Payments shall be made after receipt and verification of actual expenditures. !-Ili invoices are to be submitted CITY at the address given for notices on the signature page hereof or at such address the CITY may from time to time designate by written notice. The Administrator may, in his or her sole discretion; agree in writing to revise the monthly payment schedule upon SUBRECIPIENT's sho'*ing that such will racilitate delivery of the Services; provided, however, that total payr rients under this Agreement shall not exceed the total amount provided for in this Section 4 and the revision will not adversely impact the Progressive Expenditure Deadlines and result in a return of funds to HUD. a. Any funds paid I-y C'TY here -under which remain unearned at the expiration or earlier termnatiorn of t^e Agreement shall be, and remain in trust, the property of CITY and s,^all he remitted to CI Y vjitihin ten (10) days of expiration or earlier termination of this Agreement. /21,ny interest thereon must be credited to or returned to CITY. All funds advanced pursuant to this Agreement and not expended shall be 2809494v1 / 18621.0003 A UUUU,DlylI CIIvwupt: IU.•FVJJ/MI�V-UH4t-'4:JOV-DODV-LDV7.7liDVVCCH returned to CITY. b. CITY will not be obligated to make any payments under this Agreement if the request for payment is received by the CITY more than thirty (30) days after the date of termination of this Agreement or the date of expiration of this Agreement, whichever occurs first. C. SUBRECIPIENT understands and agrees that the availability of ESG-CV Funding hereunder is subject to the control of HUD and should the ESG-CV funding be encumbered, �rjithdrawr, or atherwise made unavailable to CITY whether earned or promised to SUBRECIPIENT and/or should CITY in any fiscal year hereunder fail to appropriate said funds, CITY shall not provide said funds to SUBRECIPIENT unless and until they are made available for payment to CITY by HUD and CITY receives ar,6 appropriates said Funas. No other funds owned or controlled by CITY shall be obiiggated under this Agreement to the project(s). Should sufficient funds not be appropE iaLed, the Services provided may be modified, or this Agreement terminated, at any time by the CITY as provided in section 8 below. d. c"_ 3._ F-!P171\1T shall use the funds provided by CITY solely for the purpose of providi,­g the Services mq� �i,`_-d ,.ender Section 2 of this Agreement. 5. -Loss of Third -Party Funding. In the event any funding provided by a party other than CITY for the Program or Services being performed by SUBRECIPIENT is suspended, reduced or withdrawn, then Administrator may suspend this Agreement immediately upon its receipt of notice thereof, or terminate this Agreement as provided in Section 8 below. SUBRECIPIENT shall notify CITY in writing within s e v e n (7) days if any of the following events occur: a. Suspension, reduction, or withdrawal of SUBRECIPIENT'S funding by other funding source(s). b. The CITY, in its sole discretion, may stay such suspension of the Agreement for a period not to exceed thirty (30) days to allow SUBRECIPIENT to either (i) submit a new service or funding plan for evaluation by the CITY who may accept or reject in its sole discretion, or (ii) complete an orderly phase out of Services. If the CITY accepts such new service or funding plan, then such plan will be subject to the requirements in Section 13 below. 6. Disposition of iProaram Income. Absent the CITY's written consent, any Program Income generated hereunder shall be used to reduce the CITY's reimbursement obligations hereunder, o, in the absence thereof promptly remitted entirely to the CITY. 7. Events of Default. When in the opinion of CITY, there is an occurrence of any one or more of the foilowing provisions it will represent an Event of Default for purposes of this Agreement. a. An illegal or improper use of the federal funds. b. A ;ai'ure o comply with any term, covenant, or condition of this Agreement. Report(s) are subrnitted 'io CITIwhich are incorrect or incomplete in any material respect. C. i he Services required hereunder are incapable of or are improperly being performed by SUBRECIPIENT. 2809494v1 / 18621.0003 J L/VVUJIIJ.II CI IVCIVFIC ILJ.'4JJ0/Hl'V-VH4r-4:J0 V-GOD V-LDV7Jl..DVVCCH d. Refusal of SUBRECIPIENT to accept change under Section 18 e. SUBRECIPIENT fails to maintain any required insurance. f. There is a loss of third -party funding (see Section 5 above). c. SUBRECIPIEr!T's breach of any other material condition, covenant, warranty, promise, or representation contained in this Agreement not otherwise identified witriin Lhis Section. 8. "Terminatdoan and 6 EMn adoes. Upon the occurrence of an Event of Default, CITY shall give writteri na irce to S` iBRECIP'EMT of the Event of Default by specifying (1) the nature of the evert or deficiencc,, giving rise to the default, (2) the action required to cure the dl<;fici�rcy, 1, it '_he sole discretion of CITY, any action to cure is possible, and (3) if the Event of Default is curable, a date, which shall not be less than thirty (30) G,er, ;, days 1ror ; L-he uaie of the notice, by which such deficiency must be cured, provide., however L-ha[ if sucl- i failure cannot be remedied in such time, SUBRECIPIENT shaii save an addiiionai shirty (30) days to remedy such failure so long as SUBREC!F;iEi\4is diligently and in gooa faith pursuing such remedy. a. -_ Aoresmer, s^a tarminate %A,,ithout further liability of CITY to SUBRECIPIENT r n 'i" e ?artier of- !i) the happening of an Event of Default by SUBRECIPIEI\Y a^d a,fat! 3^e to said E,✓ert of Default within the time specified in the notice of F_ve-a o` i�,�f=.oalt; N) ` i--.y (�.9" days prior written notice without cause by either Party; (iii) CIT ."S nor:-approp-Jation of funds sufficient to meet its obligations hereunder �u, i, g ar�y C,T'r' i,s ai year curing the Term of this Agreement, or insufficient funding for the Services pi- vided by SUBRECIPIENT; or (iv) expiration of this Agreement. b. lmmediately upon: any termination or expiration of this Agreement, SUBRECIPIENT shall (i) irrrnediateiy stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all properties and materials in the possession of SUBRECIPIENT that are owned by CITY. Subject to the terms of this Agreement, SUBRECIPIENT shall be paid compensation for Services satisfactorily performed prior to the effective date of termination. SUBRECIPIENT shall not be paid for any work or Services performed or costs incurred which reasonably could have been avoided. may C. Upon any breach of this Agreement by SUBRECIPIENT, CITY i. exercise airy right, remedy (in cortract, 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 fo3,, the breach of the Agreement. d. in no event shalt any payrneni by CITY pursuant to this Agreement constitute a waiver by LiTY of arry breach of this Agreement or any default which may then exist on the part of SLJBRECIP;ENT, :-tor shall such payment impair or prejudice 28094941 / 18621.0003 LIUUUJIIJ. II CI IVCIUYI, IU. -FJJJ/MI�V-VH4 r-4:JOV-OODV-G�VJ.7l'DVVCC/'1 any remedy available to CITY with respect to the breach or default. e. CITY expressly reserves the right to demand of SUBRECIPIENT the repayment to CITY of any funds disbursed to SUBRECIPIENT under this Agreement which, in the judgment of CITY, were not expended in accordance with the terms of this Agreement, and SUBRECIPIENT agrees to promptly refund or provide written jusi:ification of proper use of any such funds within ten (10) days of CITY'S written demand. 9. Level of Skit Subcontractors. a. SUS: <<-0!P!ENT r-,ay, a-c its sc:e discretion, subcontract any of the services required under this Agreement, in compliance with the terms of this Agreement. It is further rnu-cually understood and agreed by and between the parties hereto that inasmucl" ac SUPP.`=r'IP'EN!Y reoresents to City that SUBRECIPIENT and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary 'Lo perform the services agreed to be done by it under this Agreerrienc, CtEy relies ine skill of SUBRECIPIENT and its subcontractors, if any, to do and perfori,­, such Services in a skillful manner and SUBRECIPIENT agrees to thus perform; tF e s:e, vI_ anci "eglii � i�:e same of any subcontractors. Therefore, any acceptance of suc1-, ` ; v.C:es by C'i s.^:a.il �'�ot operate as a release of SUBRECIPIENT or any subcontractors frog,, sat inck4siry ar'c; p'O—iessionai standards. b. ^ify rese;-ve_:, the right I- hire addi,ioral. contractors to perform the Services required 1-` is A ,rse,m t, and offset any future payment to SUBRECIPIE', !T Gco�r i; so !ono ,s ,o� hiring and associated offset is memorialized in / etir y forth the amount of the offset. C. If and; or all of the services to be performed under ihi !`,.cr;;errier,t vih.=re sub-.onfiraor is for a total of $250,000 or greater during any cai_:�daYr year, S' PRECIP!ENT s';all require, at the discretion of the City Risk Manager or designee, subcontract-or(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 insurai ,ce documents for the subcontractor must be reviewed and preapprcved by City Risk N/,anager or designee. If no Side Agreement is required, SUBRECIPIENT will 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. d. To the full extend required by applicable federal and state law, each party and its contractors and agents shall comply with the Davis -Bacon Act, as amended, California Labor Code Section 1720 et seq., and the regulations adopted pursuant thereto ("Prevailing Wage Laws"), if so required, and shall be solely responsible for carrying out the requirements of such provisions. Each party shall indemnify, defend and hold the other and its elected and appointed officers, officials, employees, agents, consultants, and contractors harmless from and against all iiabiiity, loss, cost, expense (including without limitation attorneys' pees and costs of litigaiion), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage which directly or indirectly, in whole or in part, are caused ny, arise in connection with, result from, relate to, or are alleged io be caused by, arise in connection with, or relate to, the payment or requirement of paymen[ of prevailing wages (including without limitation, all claims that 2809494v1 / 18621.0003 7 L-luuUJIIJ.II CI IVCIUptzC IU.-+L)OO/HI.V-OM4 r--F:/0V'000V-GDU=DVVCCh1 may be made by contractors, subcontractors, or third party claimants pursuant to Labor Code sections 172E and 1781), the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including, but not limited to the Prevailing Wage Laws, or any act or omission of that party related to the payment or requirement of payment of prevailing wages. 10. Indenir 1!f:-atjor1 To the fur`.hest extent allowed by law, SUBRECIPIENT shall indemnify; hold harm!ess and defend CITY and each of its officers, officials, employees, agents ar.-d volunteers f,-.m any and a!I loss, liability, fines, penalties, forfeitures, costs and d^manes Mhether i^ contract, tort or strict liability, including but not limited to personal lnJury, death ,at any time and propari,y damage), and from any and all claims, demancs uric, in aw o, equi'Ly (including reasonable attorney's fees, litigation expenses and c.os�s �o erilrci-ce 1:1,iis agreerrieni) that arise out of, pertain to, or relate to the n ,giiger,ce, recKlessness or wJlfui i-nisconduct of SUBRECIPIENT, its principals, officers, Un-ipicyeas, ages its or volunteers in the performance of this Agreement. If SUBRECIPIENT should s,_�bcon1L. Y�-t all cr any oo!tion of the SeRtices to be performed under this Agreerr:en �!JB�E 'E-P:E`1T s"a!I r,ec;uire each subcontractor to indemnify, hold harmless and' de{r- d C;TY an- =c!, of its ^fricsrs, officals, employees, agents, and volunteers in accordance wiL-i i the t.rrns or the preceding paragraph. This sectiur oral' sur,;,,e temn;Mation cr e,1,o;-^t;on of this agreement. l' c-f the insurance shai, comply MLI l all requirements iri a:2,L «; i -Is A err:en1. 12. 0,"-Sste j,finnitorin . F".u"ryorized representatives of HUD and/or the CITY shall have .&he, h� `c i'.�GIIitC :�re 5 31�L--, . IE�T's performance under this Agreement. S ... ^�sr''_ori r y ..:c.=_j,.4 i , pec` r ecLi. ities, review of recerds, and attendance at '^ r 1--`!T _>hali reasonably ma',ke its facilities, books, records, reports, and-.,ccounts available for C TY's inspection in pursuit hereof. This sec" i,.;h .._. ,',` a:' s' i'. = to .. .!c.tiC'. :-p!--,tion of this :4greement. 13. _ts, C, �k aJSilet.�Jti�i. UB;�i=Cif iEiV shall establish and maintain records ,'E air i-equii-ernarits pfesciribed by CITY, HUD, and generally accepted accour,ding prir,ciN'sl_ s, witin respeC to ali matters covered by this Agreement. As applicable, SUBRECIPIENT shall comply with all applicable requirements of CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Fedara! r",wards; incluui ;g tre provision of a single audit (generally applicable where funding from all federal sources in any fiscal year exceeds $750,000), and to such extent shaii submit to the CITY any applicable auditor's reports and audited financial statements no later than three (3) months after the SUBRECIPIENT's fiscal year end. SUBRECIPIENT shall be responsible for determining the applicability of the foregoing. On a quarterly basis the SUBRECIPIENT shall submit a report utilizing and completing the form attached as EXHiBiT D - ESG Quarterly Report. The report shall be submitted within thirty (30) days of the close of each quarter of the fiscal year for the duration of the Agreement. SUBRECIPIENT shall ensure the ESG grant funds provided by GRANTEE are clearly identified as a subaward and include the following information: 2809494VI / 18621.0003 8 L/VVUJIIJ.II CIIVCIupt:IU.'-FVJJ/MI�V-VM'-Fr-w JOV-DO DU-GD V.7�l.DVVCCM • Subrecipjent Name: Elevate Community Services, Inc. Subrecipient ID (DUNS #):127482537 • Federal Award Identification Number (ESG-CV Grant # E-20-MW-06- 0001) • Federal Award Date: April 02, 2020 • Period of Performance: September 1, 2022- September 30, 2023 Federal Funds Obligated by this Agreement: Yes r Tota! Federal Funds Obliga'ed tr; `UBRECIPIENT: Total Amount of the Federal Award: • Federa Awa,rd project description: ■ Name of Federal awarding agency: Department of Housing and Urban Daz a6o�. Ati,l�,. �f Name of pass -through entity: City of Fresno, California Award Official Contact Information: Jennifer Clark, Director, Dept. of da��r�:oeg area Deveeopa%an, City cst Fresno, 2600 Fresno St., Fresno, ass 3 72'1 r Co'-_ DA' NLrnber: 14.2i i;FDA Name: HEM RY-H Eroergjericy Sol'wdons Grant of R&D: No • ��Ji� c': c '_ r-1E i;�r Federal award: Up to ad! minim us 10% indirect cost rate or a percentage approved by the applicable Federal age'� C;y �.nl.uQiiy, SbSREClPIENT shall submit a report on clients served and activities x`,:-,ds by uc!oading HM!S data within ten (10) days of raceir of ',he HUB} Sage hyper!;nk into the Sage HMIS Reporting Repository. s.;;all imaAta:in all records required by the Federal regulatiors soecifiLc it 24 CFP 73.500. .SL;' cEC"PILf ' «.. retain. suh .ecords for a period of years after recF cr the Tinai payment- under -ihis Agreement or the earlier termination of ':'-'s c;i ee�-r:c: it. `^ '-iichever occurs later. The records retention period may be extended whenever : a. any litigation, claim, or audit is started before the expiration of the five-year period, the records must be retained until all litigation, claims, or audit fi.ndings involving the records have been resolved and final action taken. b. the SUBRECIPIENT is notified in writing by the CITY to extend the retention period. a. SUB` ECIPIENT is to prepare written financial statements, and 28094941 / 18621.0003 9 UVI.UJIIJ.II CI IVC1L)Pt:IU.-:OaoIMlJV-U/1'-hr'4:JO V'DODV-LO V.7�liDVVCC/1 completed ESG Quarterly Report, each in the form attached hereto as Exhibit D incorporated herein, each covering matters pertaining to the Scope of Services contained in Exhibit A., to be submitted to CITY no later than the thirtieth (30th) of the month following the end of each quarter hereunder for the duration hereof, absent CITY's prior written consent in cases of unusual circumstances as determined in the sole discretion of the CITY. During the life of this Agreement and for a period of five (5) years after receipt of the final payment under thi-Agreement or the earlier termination of this Agreement, whichever occurs later; SUBRECIPIENT shall, at any time during normal business hours and as often as CITY and/or HUD or the authorized representative of either CITY or HUD may deers necessary, make available to them or any one of them, within the CITY of Fresno, su-n staiaments, ; ecords, repor`s, data and information as they may request pertaining to rnatters covered by this Agreement and permit them or any one of them to Audi-L and inspect aii records, invoices, materiais, payrolls, records of personnel, conditions of ernploymen-c, and other data reiating to aii matters covered by this Agreement. SUBRECIPIENT shall also permit and cooperate with on -site monitoring and personal interviews of participants, SUBRECIPIENT`S staff, and employees by Administrator and other Ci T Y and/or HUD representatives. b. T";-- S:!BRE.CPEi1T is required to participate in the Fresno Madera Continuum of rare (F'svl ,_—A ). 'P3r_ici aiion is defnad :as attendance of the Member or the Alternate '.',•iiem!D at of seven—ty-five percein (75%) of all FMCoC Director's mee'.inc �7�' 1R' '. i'=``iT's attenda.^ce shall be confirmed through the Board -approved minuias cf the FIVICoO Board of Directors' meeting. SUBRECIPIENT shall attach the Iniost currently available rnoi-;thly minutes of the FMCoC are to be attached to the ESu G uar�eriy Report. C. TI-:a ARE^,P Ei;T i=; req.l;r`.d n collect and report client -level data in accorda.-ice ,vi !-`2 "D O;."c,. oY Spacial Needs Assistance Programs (SNAPS) HMIS Data S+ fid .r"� tr,, I H. r!c oc� ill !,� o"al rya .0 by t1 Imo. Housing authorities oft e City and C a n ty s = �sr,c "� cu-h— a Viemorandurn of Understanding with the FMCoC or cor;�pa-a;•le databases alre i-eq:ciced for use by providers of services for victims of do m iesiic v,;-Je 1Ce. Cis Jescribed ir'I 'i'rle Violence Acialnst Women Act (VAWA). Reperting i; ,,-io 'rite ' /,i j c!aaab,ase or allowed comparable database is a requirement of -5 it . ;dn�g. S'I�Bi\E_;[-iEiv_f. reporting must be consistent in format and data eierne:,'L s uctu" wits; _ ,e =resno Housing Authority HiVIiS Program Policies and Procedures :'vs r: i `: err•.: ire U I :11` II :eta Standards and Data Dictionary current at the -Lg,r erne lt. The corr;parable database will be maintained by %he SIL13PEE" iP-IEt-T a. •s..secd to correct data and report on outputs and outcomes as ree;L1r c d. _)i_ , iL- JIi l ai �er� ices or domestic violence victim services e we., :r,;= : of t:^ rerna,ir, c;nfider;tial, they will be required to internal -i:o its organization (e.g., no ide ',_ify;ng c=:_a rate w;ih the or -Lhe CITY and will provide only aggregate data io the CITY as required). SUBRECIPIENT will work with the HMIS System Administrator to determine chat the- alternative database meets the standards for comparable c!ian ievai databases; including compliance with the HMIS Data Standards whit ace acceptable to HUD and. ihe CITY. 2809494v1 / 18621.0003 10 UUVUJIIJ.II MIvC,iupC IU.' U,3,D1 I..V-VM'-Fr-'#:JO V-DOD V-GDV.7JV DVVGCM e. All data elements specified above in 12(d) must be recorded for each ESG project in HMIS and the fields needed to correctly generate the performance reports are required to be collected in the comparable database. f. The SUBRECIPIENT is required to provide housing unit and client data to the CITY of Fresno, or designee, to inc';jde in the Point in Time survey as administered by the Fresno -Madera Continuum of Care and as required by the HEARTH Act of 2009. This Section 13 sha'' survive exoiration or termination of this Agreement. 14. Subawards. The SU��RECiPIENT shall not enter into an Agreement making a Subavvard to a Su.Ibrecipier: for any word: contarnplared under the Agreement without first obiainir.y the CITY's written approval of the Subaward Agreement. An executed copy of every such S! ubawerd Agreement approved by the Administrator shall be provided to CITY prior to implementation for retention in CITY's files. a. _iBi EC!P, 1E1' Pr is respor.siNe. to CITY for the proper performance of any subcontract. Nc such obcontract sha!I re!!eve SL'3REC!PIENT of its obligations under this Agreement. b. A.r y sudconuaot s;,&!! be sucject to all the terrins and conditions of this Agreement- 0. i�o c;`icEr or ;i,: etc: c` S;JE; ECIP '�i�T shall have any direct or indirect financiai interest in any subcontract made by SUBRECIPIENT or in any loan, purchase of property,, cr any ether made by SUBRECIPIENT, by whatever name known. 15. ec)-r.'Mcl, a. �=riJr to :;l �Y'S E;;ecution of t ris Agreement, SUBRECIPIENT shall complete a C!TY of ies;:c rcs dis :;sure stGternent in the form as set forth in Exhibit s . During' the term of this Agreernent, SUBRECIPIENT shall have the obligation and' du, ,), tc mme fiat^!� �rtify C'T" ir. writing of any change to the information provided by SUBRECIPIENT in such statement. �3,--- rem.;;,, and rec,uire its subcontractors to comply, with nl' apo!icab!e fed^ral. _,ti:te, and !^cal conflict of interest laws and regulations ir.clu i�g; �rJth-lut limi+aticr, California Government Code Section 1090 a ';uai RH-�crrr= Acr !California Government Code Section et seq., the !�a`�rcrn 87100 et seq.) ana in a, reauia`ticr,s o.- tine Poii ical Practices Commission concerning disc,osur6 u ulsquaii,ication t_ ai ornla Code of Regulations Section 18700 et seq.). At Grey 61,,e, p� ,�wi itie„ �a�uesi o� CITY, SUBRECIPIENT shall provide a written opinion ,r ..s c .:r o _:n°y subcontractor That, after a due diligent inquiry, i > <E;' '`` a z ti-e esoective subcontractor(s) are in full compliance wi-L-h ai i 31'`.3 a�.d : 'c_uki tir, _ SUBREOP!�:N i shall tiaKe, and require its subcontractors "Lu '_,aF e, reasonab:e sieps to avora any appearance of a conflict of interest. Upon discovery ol, any fc:cts oivi.rlc rise to the appearance of a conflict of interest, SUBL i-,.; sr�ui[ .I n i ; _ ::eiy riotir`y ''Y of tnese facts in writing. c. e fors i _ rork v - ,e,-vi�� ��s to be provided hereunder, SUBRECIPICI' ., i,e - `,= while such LNF: c r:., , ,� c: r_ai, t I r.,i�...� person wl person either is ;;r­vlov,er, b,;, ;i- `' _;s i:_ :, -nef.)Q cf and, CI � Y council, commission, 2809494v1 / 18621.0003 1 UUUU01 II CI IVCIUPC lu.-+VOJ/HI�U-VH'-Fr-4:J0 V-DODV-GDVyyVDVVCCH board, committee, or similar CITY body or within one (1) year of their termination therefrom. This requirement may be waived in writing by the CITY Manager, if no actual or potential conflict is involved. d. SUBRECIPIENT 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. ART14CLE 2 e EDERAL REQUIREMENTS SUBRECIPIENT warrants, covenants, and agrees, for itself and its contractors and subcontractors of all tiers, that it shall comply with a!! applicable requirements of the Lead - Based Paint Poisoning Prevention Act of 42 U.S.C. 4-821 et seq., 24 CFR Part 35 and 24 CFR 982.4010). In this regard SUBRECIPIENT shall be responsible for all inspection, testing and abatement activities. a. The recuirements, as applicable, of the Lead -Based Paint Poisoning Prevention Act (4.2 U.S.C. 4821-4346); the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4356) and i.rnplementing regulations at 24 CFR Part 35. In addition, th<: fcilowing ,-equire menis reiating to inspection and abatement of defective lead -based paint sui laces must be satisfied: (1) Treatment of defective paint surfaces must be pertormec beicre -i-ina,i insuection and approval of the renovation, rehabilitation, or oonv_ersio!"I activi-ty unoer tnis pa and (2) Appropriate act -ion must be taken to protect shei e.k- occupan{s Wom the hazards associated with lead -based paint abatement proceaures. b. `;s �i IR�� � ��_ {;�-� agrees to comply with. all applicable requirements of �,�cri.�,f, 5n4� . th-e r, ' et. ilita+ic ; Act of 1973 (29 U.S.C. 794) as ! ^.�r'�rn ri' F yr 7 amended and H�_ C ._ _� _ . e, ,.�,na . - _�,alu�„_;o 2- . '� � Art 8_ c. SLF:ECIPIENT agrees to comply with the federal requirements set forth in 24 CFR Pa-t 5, c;ce!zt a -_-)x,r,iicJtly modified below, and use of emergency shelter grant mo+_;r:_s rnuEt cor m','r �n,i+h the follovaing requirements: (a) Nondiscrimination and e !I_.a! oppe T, inhw. - i e noi-di;crimiration and equal opportunity requirements at 24 CI=h Pan, 5 are modified as follows: i. Rehabi!itar.icn Act recur-ements. HUD's regulations at 24 CFR Part 8 irr.oiement section, 5n . of thf Rel abilitatior. Act of 1973 (29 U.S.C. 794) as amnrcied. For r,ur�:csss of `,a emergency shelter grants program, the term dwellOrl un _57 24 C.Fl paH, S shall i;^ciude sleeping accommodations. i;. l-IBF;ECI 'iFNT shall make known that use of the facilities and Se-Jcies ?'l on a. no 16sc'rirf? :natory basis, If the procedures that the to .!se to make known the availability of the facilities =:c Se ­,/ices are !i' :ei r cc :-e!_ich persons of any particular race, color, religion, sex, age-, national origin, familial status, or disability who may qualify for such facilities and must establish additional proceaLir as �.co p6i,so es are rnaJe aware of the facilities and muSL -also ajopL procedures which will make availaoie is ir,i�, sre !persona, il�i ; i, IG ion ccncernir�g the ic: ation of Services and facilities a� ter'= Ct c'� iG e "Lo Oersoris with Osiabil!tles. ;,, for complying with t!­_ of 24 CFR Part 85 (codified 28094941 / 18621.0003 L L/UVU0IY11 CIIVCIVFIC ILJ.'}:JJJI MI�V-U/-1'}r-'#:JO V-DOOU-GDVJ.7l..DVVCC/". pursuant to OMB Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of ESG funding by CITY, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private nonprofit organizations. The SUBRECIPIENT be responsible for a!! aspects project contract award and management including the advertising for bids and shall award the contract to the lowest responsible and responsible bidder. The SUBRECIPIENT shall verify with the Labor Relations and Equal Opportunity Division; of the HUD Area Office that the low bidder has not been debarred or suspended from participating in federal projects. d. SURRECIPIENIIT warrants, covenants, and agrees that it shall perform the Services in a manna, that. does not engage in inherently religious activities and that does not engage in any prohibited activities described in 24 CFR 576.23. Without limitation, SUBRECIPIENT shal! not unlawfully discriminate on the basis of mlic�ious instruction or counseling, conduct religious religion and shall not provide services or worship, ei-,gage ira religious proseiytizing, or exert other religious influence in pursuit hereof. Subj;.ci °'o the fo(egoing, SUEDRLCiPILNT does not intend to utilize ESG funding to c-onstr-ct, I-J',habiaitate er convert -faciliiies owned primarily by religious organizations or tc assist primarily religious organizations in acquiring or leasing facilities to the extent pl-t hlbrceo ira 24 CFR 516.23. c+)�•�-r' �; P. r fc in com9liance with and P• -- -�`- .��I, •._�.. �. �_., :)eil.,;..:�i _!lam, `.I_�'�IIC:.� I not to cause cr per, ti" Sarvic:=s t:; to ,n �iolatien of, any existing or future environmental ru:e• M-gl_Ii,:tlon, ordinance, ;r statute. SUBRECIPIENT agrees that, if CIT`! has re2-sr.ma'D'2 grour .s << susp—_Ct any such violation, SUBRECIPIENT shall be entitled to tNr ty (0) day notice a; ad opportunity to cure such violation. If the suspected violation is -,ol: C'ureu, C; 'r' sr,ak heave die right to retail; an independent consultant to inspect a .d test r.E: subject iaciiities k)� such violation. if a violation is discovered, shall pay ti.r t'rie cosi of -me independent consultant. f, �,r; t,F �'_)'K, Ad-rr ihn-is-trative Requirements, Cost Principals, and l-.�. Ji` r .-._;u(. ;;ant: �r e: cr l .'=,.w��rc!s :- {er_ aced i,n this Agreement are available at ^";', 16. *R',..Accation. aa. C'.'�_V i_-'\-. :cil Lssure -,.al_ it i-ias taken, ail reasonable steps to mirair ii e _il �;i6pia 'err,eM c-1 persons iraa lF,ities, in:Jividuais, businesses, nonprofit orgalniZaL:Ci, , 2; ,u 1C-4TC,::; as a result cf tits project and the Services rendered in Js' �,-] r'I" vided rei.ocaslcin assistance at the levels descry—1 C F PF' .I: 94, which contains the government- ^_!; . J Assistance and Real Property a^2;11'1,j;:;,- Policies AC of 'i9 70 (URA) (4-2 U.S.C. 4601-4655). 17. Furthe n _ exeou ed and d :livered, shaal'i conSilTUte the :_.-.,��LN ,ble against legal, valid, a,-c c� i� lt;oa. f l niOrCEa SUBRECIPIE��-. ... „'�arac�inLi; ins respective- tennis, except as such enforceability may be limiter' ��, i^? li<rS: +�, insolvency. fraudulent conveyance, reorganization, moratorium, or other la\/./s of general apriic-'bility affecting The enforcement of 2809494VI / 18621.0003 1 VUVUJIyII CIIVCIUpu IU. �#:JJJ/MI,V-Uhtir-'+:JOV-DGDV-GD V��I..DVVC=i1 creditors' rights generaily and (b) the application of general principles of equity without the joiner of any other party. b. SUBRECIPIENT represents and warrants as of the date hereof that SUBRECIPIENT has obtained and, to the best of SUBRECIPIENT's knowledge, is in compliance with 2!1 federal, state, and local governmental reviews, consents, authorizations, approvals, and licenses presently required by law to be obtained by SUBRECIPIENT for the Services as of the date hereof. C. In the performance of this Agreement, SUBRECIPIENT shall promptly and faithfully cony !y with, conform to, and obey the ACT and all amendments thereto, and shall maintain all facilities herer.!nder in compliance with building, health, and safety cedes. d. SUFREC!P,EN1T shall be solely responsible and liable for any recapture or repayment obligation imposed by HUD due to arty act or omission of SUBRECIPIENT in Pursuit hereof. a. SUBRECIPIENT acknowledges that SUBRECIPIENT, not the CITY, is responsible fc - ,7e;:'errni�-ting applicability of and compliance with the ACT and all other applicable local; state, and federal laws including, but not limited to, any applicable provisions of _he ('alifornia Labor Code, Public Contract Code, and Government Code. The CITY makes no express or implied representation as to the applicability or inapplicability of any such laws 'Lo this Agreement or to the Parties' respective rights or obls'ga-LiorIs 7ereurider incivaing, but not limited to, competitive bidding, prevailirlg listing, or sin-iilar or different matters. SUBRECIREiV-C uillher ackrtowedges ti-;a-i the CITY shall not be liable or responsible at law or in equity for- any failure 1by SUBREUPIENT to comply with any such laws, regardless of whe-r`her ,,ne C17Y knew or snould have known of the need for such compliance, or whether the CITY failed to notify SUBRECIPIENT of the need for such compliance. f. c;U`3RECIPI -;tit,- ac,r c s, _ cornply with the CITY's Fair Employment Praci-'ces and shall en--;p!c.y discri,�i� atory practices in the provision of the Services, ern.^!::_;rn�,1,- persr, Ii, r ir, any respect on the basis of race, color, creed, religion, sex, sexual p ef-S,ence, national origin, ancestry, ethnicity, age, marital status, status as a veteran with disabilities or veteran of the Vietnam era, medical condition, or physical r: :murl�a] disabi;ity. wring tl e performance of this Agreement, SUBRECIPIEN ag yes as Io:i.Dws. C. c c�rnpiy ^-i' laws and regJations, as applicable. No oersoy- in tl :s '_? :o ^^ i� e rounds of race, color, creed, religion, sex, e, marital status, status as a dis«b'�r` = . ;a cFr eieru;; o _hie Vie_i.3m era, medical condition, or physical or mcraal c:isa , ii:✓ bo ex iu ec rorn in, be denied the benefits of, or be subject to z it rlir,atio a icier any p.rogran, or activity made possible by or resulting SUBRECIPIE`!- ^!if' ��r;^� �:..�tn J�;.��.. �- y employee or applicant for d' i. a G . _.i employment be."I_s_ c--I, sex, JexaGi preference, national origin, ancestl erh ,. =, -a; "` st ,t.�s, y:c' pas as a disabled ve-_eran or veteran of `,-;he�i-'_��� � <<�; �i: a; oriGiCiOr�, or physical or rnental disability. 2809494v1 / 18621.0033 �' UUUUJIy11 CIIv CluylC ILJ. SUBRECIPIENT :ha'` _ Ic.� frier^ �.ti, e action o ensure that applicants are employed, and the employees are treated c ;rir- employment, without regard to their race, color, creed, religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental disability. Such action shall include, but not be limited to, the foi!owing: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or terrnination; rates of pay or other forms of compensation; and seieciion for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. h. SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, sexua! preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled veteran or veteran of the Vietnam era, medical condition, or physical or mentai uisability. i. SUBRECIPIEhT wi!I send to each labor union or representative of workers with vthich it ha.s ri collective bargaining agreement or other contract or understanding, a notice advising such i:ahor union or workers' representatives of SUBRECIPIENT's co-mitrnent under this Section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 18. - rnr 4ndlr_ o. 'L Tris Ac,een-:art shall not be modified except by written amendment approved b ; the CITY Council and SUPRECIPIENT's Board and signed by the Parties. Where is is aeterrriir led by the Administrator that there is a need to make any change ih `;�c P_�c�ir--r-, 1icc ce formed, fiscal procedures and system, or tiiv ar;-:,s a;nc': corlditlorls cf this Agreement (including, without limitation, an; .-,ecassary to corrlply with changes iri federal, state, or local laws or regulaticr;s , reiusai cy SU.SIRECI�PiE;w r io accept the change is grounds for termination of this r�areement. NoNvIihstanding the foregoing, approval of the CITY Council is not required ;- r 0' irsuiss a;.tiai aO;Uarl1an:s in line items within the total approved budget, ne &' ecting &ie Iota. aoproveo budget amount, approved by the Administrator in nis/vier soie d;s(,;retion; fit) irl'substantial changes in the nature or scope of services speciihecz in this 4greewpnt approved by the Administrator in his/her sole discretion; and !iiii..�ia i;'sSiira. °•equiremerits specified in Exhibit E approved by CITY's Risk_ Mal agsr in his or her sufe discretion. 19. K'�';sic, °oft. �.k� �,N;. r .=�iRR'=CfPlEI,' T s'-:�.i' disc!cse r:ll of its funding sources to CIT'• Vv1ri'.`r-,`�_, a` ". • I L.i_ sic ..,ti_ . 20. �;o! E2`1'ii ac i:4a= ....__... a.. Ir" ti is N. ;reen r r:L :-esuits al book or other copyrightable material, the author m::y .vor:: unless a work for hire. CITY r; �c�r�•-e r�-�''I.�,- :r:�ie"c�a,�le, and assignable license to reproduce, p�'_��;--r c _,sa r.c' "r It`:re'i�C ot! ers to use, all copyrighted material and ail :-nateri��•' v,,n':ch car. be . cIcyrign.'Lec:. 2809494v1 / 18621.0003 L/UL;U'D&I CIIvq Ilupt1 IU. �F:JJJ//11,U-li/1�r-4:JO V-�C]D V-!DV yJI,DVV��I-. oiiscover` cr invention arising out of or developed in the course of work aided by �hi_..=^.v; ae ,err, ! Gil prc� -1p[ly and fully be reported to CITY for determination by Ce i Y .s pa'erir Protection on such invention or discovery, including rights theretc a ider any paten: issued thereon (reserved henceforth onto CITY), shall he irRpcsoc!. ant admir,is'i:erf (, in order to protect the public interest. 21. °sir - y'^; �' ^iy Nicrie cf the fund1s, materials, property, or services provided direcJy�or ',i :sire :!;, under this Agreement shall be used for any political activity, or to further the election: or defeat of any ballot measure or candidate for pub!ic office. 22. LcL,��nqg Pnc h'Nt�d, N!c;--_ of the funds provided under this Agreement shall be used for publicity; lobbying or propaganda purposes designed to support or defeat legislation pending before any legis':ative body. 23. ie-„ard Par y 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. It is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties. 24. Nondliscrimii.naltmn. To the extent required by controlling federal, state, and local law, SUEREClDIENT shall not employ discriminatory practices in the provision of services, am'ployment of personnel, or in any other respect on the basis of race, religicus creed, ce!or, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as isai ;ad vetarar-, or veteran of 'i�ie Vietnarn era. Subject to the foregoing and during ir,e performance or this Agreement, SUBRECIPIENT agrees as follows: a. SUG RECIPIENT will comply with all applicable laws and regulations providing that no iral,mc ; � �,^"; Jn the grcund's of rasa, religious creed, color, national origin, ancestry i 'mrsic ciisu'c;i!ity; ,cnt F! disability, med;ica! condition, marital status, sex, age, sexual orienta`[io-., ethnicity, stains as a disabled veteran or veteran of the Vietnam era be excluded fro n i participatior: in, be denied the benefits of, or be subject to discrimination under arty prograrn or activity made possible by or resulting from this Agreement. b. S,! 'QR'-C101E:NT vii!' ,ct discriminate against any employee or applicant for I,.eCau,_-e cf rd:ce, religious creed; cclor, national origin, o r, ; =, , w o I . 1 'd ' ancestry, physic! ci s':�,.,:y, ..._. ...I dis_.. iliLy, Iti�dic :, . �;n,Irtion, marital status, sex, age, sexual orisn ati r,, ;r; ricity, ,ai;�As as a disabled veteran c veteran of the Vietnam era. s^a;1 z; su;: rat appiicants are employed, and the employees are treated Juring erripioymer,'L, withou:L regard to cNelr race, religious creed, color, national pi-ivv3�cai disai ilicy, i r i iial disability, medical condition, marital status, sex, sexual urienta iur, ethryiiity, status as a disabled veteran or veteran of the Vietriann e-ra. E'�'uco ,ec;uiremen. snaii apply to SUBRECiPIENT'S employment practices 01rr r101 be ;i sited to, the iollowing: employment, upgrading, demotion cransfer- ec!-uitrnent or recruitn-ieni advertising; layoff or termination; sa es o y 3r o_'r{r r i,e; r- D- corrroLrsat cr; ar a selection for training, including apprer� ice- _ t';R r_':'!._I�' aer-ee._, o pos'r ire cOnSpicuous places, available to en,plo� fur rr�;p'o`,�r-erit. i,eticus setting �oith the provision of this nondiscri;rir� ��_;r 2809494v1 / 18621.0003 UUVUJIIyII mlvV-IupJ IL/. 4:1JJ1 Hll V-UH-i'I -�.`:JO V-C'70i�-GLV�'iliv V'JC =/-1 SUBRECIPIFNIT Mill, 'F, ail solicita-,ions or advertisements for employees placed by or on behalf of SUET lEi -r in Pursult nereo-i, stoate .hat all qualified applicants will receive considera,Lio iwr wiiheut regard io race, religious creed, color, national origin, ances-cry, poysical disabiliiy, mental disability, medical condition, marital status, sex, age. sexua,! orianta_iom, ethrliciey, status as a disabled veteran or veteran of the Vietnam � eri^. JI' _ ;. i,, each ;2bo l!nlOr' Or representative O workers with :.{ ,,_= ��.;:.r_;i:;, f� �.� r+ c other c i a n� e, me. r c+h �ntract or understandirq, a ^, ;_;�e isimg cu h '' ,!�cr -!r;c,r or vieskers' representatives of SUBRECIP?= -'`� :r^�r,. u s sec ic:! and shalt post copies of the notice in concpic ic..,S Jic'C S ay. i': s c r: p!oy es ar.c; applicants for employment. 25. 1ndepender.t Corn.ractof- a. in the `irnis-ui ig oT the services provided for herein, SUBRECIPIEN' T is acing as aI i independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents or erriployees sh,ali be deerned an officer, agent, employee, joint venture, partner, or associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which SUBRECIPIENT shall perform its work and functions. however, CITY 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. b. This Agreement does not evidence a partnership or joint venture between SUBRECIPIENT and CITY. SUBRECIPIENT shall have no authority to bind CITY absent CITY'S express written cc nsert. Except to the extent otherwise provided in this Agreement, S!J81,-CiPIEMT sha'.l bear its own costs and expenses in pursuit thereof. C. Because of its s`aius as an independent contractor, SUBRECIPIENT arld ifs off;cers, agents ;ard employees shall have absolutely no right to employment rights ar-c! I_c-refits avail,hle to CITY employees. SUBRECIPIENT shall be solely liable and responsible for providing to, or on behalf of, its employees all legally required employee benefits. Iri addition, SUBRECIPIENT shall be solely responsible and save C1-i -Y harmless from ali rnaaers relating -co payment of SUB RECIP EiVT'S err,, l.cyaes, i;i ati:a ,l„ wiiil--ui .ir ,nation, compliance with Social Security withi-.c!Jin g, Grin aii other regulGiions governing such. matters. It is acknowledged that curing :he term of this agreement, SUBRECIPIENT may be providing services to Dtf-,ars unreiaieci to CI-i`Y or to this Agreement. ih �•` o -1-c li c�� °r! ar. d i,r_n rJ' to �i her 2 ����::� r:'; o c� _� r_,. _ cr c e...., giv ,1 ._.t party under the terms of this^,clre' :r ; i sllail c' it ,! icir.� ,� d s'^,'.I be deemrz'd i0 he du!y given if delivered persor,a':ly, t um rri"Ied '��y facsir:;Ile f ;',0�,�1�ec+ Ib' telap'-lon�a confirmation of receipt, or sent b,,, '.;r !i. c; States mq.isLerc er-;fied ma l! with postage prepaid, return receipt requvsi;.d, addressao to the party to which notice is to be given at the party's addres.. of ,: , o. ; the 3i :' �i�, ,� page ,i hits i�g, eerner3{ Jr at such other address as ihi; sties may i-ro,rrl Jirna L:,, i:rr e ciejignat@ by written notice. Notices served by J.7l(eci Star:as n'cii ir: the I-r7anr.er abova descr:!:)ed snaii be deemed sufficiently serve: or cw,z;r1 ai. til- 11°r+3 :,'f; �n ,iiirg c'rialeof. 27. �.`' �_' r` e .. +t i; t, ._y I'! a;;:ies, if shall be binding 2809494v1 / 18621.0003 7 UUUUJIIy.II CIIVCIuptC IU.'-FJJJI/1lJU-U/1 F-'-JOU-DO'DJ-LDuz, liouuzi /- . upon, and shall inr!re to the benefit of, all Parties, and each Parties' respective heirs, successors, assigns, -iansierees, agents, servan[s, employees, and representatives. 23. v r -.-g. - a. This Agreement is personal to SUBRECIPIENT and there shall be no assignr:ier 0' its ; igf;t c^ ob'igatio -s under this. Agreement without the ti'e - _irr,'r;y atferrgled assignment by SUBRECIPIEF' c.r nsors assi-z:jrs, shaii be null and void unless approved in writing by the AdministratcT. 2— es -c-, to assign the payment of any monies due ' �P"=�: - r" _.: I a! . sVf" + m f ; -, r F/ - J f s A rr�. m t n c I� M. I ; ,e e. :, o h.� -�c.' ent �o a.Iy of er individual(s;. n��a,t;o��.' �� er:�<<�i�r�� I�-Y :�e;+.air,s the right to -ay any and all monies due directly to SUBRECIPIENT. r4;n- c cres A 29. Gm�Z'.. = 9=`_ -. rrc,� . t, - se�i_,L _ required under this Agreement, S' - =- _ ` =�`,- - "a`- _ t .��il _, I --1 cor ,pi,with al.l a r!irab!e laws of the United States, this Ca!!f -tip and CET'Y, orid with al', app!ica"le regulations promulgated y :Vera:, +e, regic 7a: o: ioI ,�i a:drr it i.�trative and regulatory agencies, now in force and as they may be enacted, issued, or amended during the life of this Agreement. 30. 1141,_i� er. The waiver 1y 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 of ie: pro's ision 1 herein. 31. Coverrin 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 -tor purposes of the filing of any action regarding the enforcement or interpretation of this A.greernent and any Jahts and duties hereunder shall be Fresno California. 32. Hea:r.fiLncs. The Section headings in this .Agreement are for convenience and reference onl,;i and shall not b-e construed or held in any way to explain, modify, or add to the interpretatior or meaninry of the provisions of `his Agreement. 33. Sever•abio4.y. The provisions of this Agreement are severable. The invalidity or unen-rcrceabii ty of an,,, one rravision in this Agreement shall not affect the other provisions. 34. ii1e Jartia-� -chat this Agreement in its final form is the result ^f ''he ccm'Oir:ed cfk,rts cf the parties and that, should any provision of this Agreement ,ne f ,,-ir d to be amhiguous in any wa� , such ambiguity shall not be resolved by c^nstruing .his Agreement in favor of or against any Party, but rather by construing theterms in accordance with their generally accepted meaning. 35. cis ati i=yes. If either Parry is required to commence any proceeding or legal action ^:-once or interpret any term, covenant or condition of this Agreement, the :r :vim, [i a !,;arty n such proceeding or action shail be entitled to recover from the other 'arty i:s reasonable a:ttornev's fees and iegal expenses. 28094941 / 18621.0003 UUUU01 II CI IvuluyC IL).'+U DOI HIJV-UH'��-'-4:JU V-�J!n V-GrIVJJIIOUVCL`r-� 36.exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and rnade a part of this Agreement. 37. P:rece6ensca of Documents. 1 he order of precedence of documents shall be: (1) Rules and Reguln— Jons of Faderai Agencies relating to the source of funds for �� I.r Fr m t' a s r^.ay be re uirad by law- 3 this pro,ect; - ., I..-. o o ., agencies :a .�., q �/ Supplemental Agreements ^r thic A-r-i-ment tha :one dated later having precedence over another dater:` ez:- i2` ; (4) !ESG Policies and Procedures (5) General Conditions. Whenever �-F_=nrF ;n env of':hContract, it shall! be resolved by application tih ccr° 31nce In the a,• �;,��11:t =� .� s�_n :;lob �iy c'; '!.s %,graement and any Exhibit or Attacl-Irrlerl' i' lE u�r' �" c,I1C� I ':`J0,'IS Cam.' 6 i-=V of lhls i;gr �Erl'12nt shall control and tokr _ C, -, :ef­-�F an^ C^r!d ti..nS expressed `,n!ithln the Exhibit or Attachment. =erns or conditions contained within any Exhibit or Attachment �OVJ-, .•i_t purooi t -fo rnodiry the allocation of risk between the Parties, provided for witho i tripe !_)cdy or are null and void. 33. r_ ,e, ,. cr election hereunder sha!I be deemed exclL ISIV r!.I: r^r;'; ,`!°v �r �., �csrl pie, ,.. c! mu!aive lr'it'1 al! other remedies at law or in ecL :' that thev have read and fully unuerstaic� }�� _ _ - _ - `�.�;r.=^rr,_. pis .���g��=..��nent rvcresents the entire and integrated agreemel,: between -he pari�es with respect to the subject matter hereof and supersedes ail prior negotiations; re; presentations, or agreements, either written or oral. IS!GNATURES APPEAR ON NEXT PAGE; 2809494v1 / 18621.0003 19 UUI:UJIIJ.II CI IVCIVFIC IL/.'#JJJ/HIi U-UH4r-'-F:JOU-DO�V-L�U�yI�DVVCCM IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO, A C rr+ ..t:-,�-qnicipal corporation By: 12 /15/2022 - - Georgeanne A. White, City Manager APPROVED AS TO FORM- RINA M. GONZ LES Inter' ���yn /�Ip"'iFY By:-.tuw _2,/1412022 Tracy N. Parvaniari Date Supervising Deputy City Attorney ATTEST: TODD STERMER C' iC City ��si�rac By: L r(KA 0i'W" 12/15/2022 - Deputy Addresses: CITY: City of Fresno, Planning and Development, Housing and Community Development Attention: Thoi nas Morgan, Manager 2600 Fresno Street, CH3N 3065; Fresno CA 93721 Phone: (559) 621-8403 Elevate Community Services, Inc. A 501 (c) (3),'�Nonprbfit/ By: Name: !A!com-e_4 ed e -ritl;:: President Name: Title: SUBRECIPIENT: Elevate Community Services, Inc. Attention: Katie Wilbur Executive Director 225 W. Clinton Ave, Fresno, CA 93705 Phone: (585) 314-3914 Attachments: 1. Exhibit A — Scope of Services 2. Exhibit B — Budget Summary 3. Exhibit C - Spending Plan 4. Exhibit D — ESG Quarterly Report 5. Exhibit E — Insurance Requirements 6. Exhibit — i'-�o Conflict of interest Certification Form 2809494v1 / 18621.0003 19 uuuu JIyll CIIvtzluyC IL-J. 4:1JJ/MIJV-Vh14 r-4:JOV-OOfJ V-LOV�.7l..�VVCCh1 EXHIBIT A SCOPE OF SERVICES Agreement Between CITY OF FRESNO and Elevate Community Services, Inc. Project: Low Barrier Triage Center/ Emergency Shelter (Formerly kl.ovvn as tree Travel Inn) Scope ofyvoYl� The SUBRECIPIEN I_ will increase stall vvi_h fii'+ree full time case managers to provide intensive case -nartagemarit se vices that focus on helping participants develop a housing plan and overcome barriers tc e aini g permanent housing. Case Managers will connect p nlci,_,r_rts to suppo services and be^efits necessary to overcome barriers Nr; `-;em f„ ron c"latrine and rstaining permanent housing. Record l�c�Qn a;w r'.eL> Qn &egUiremerit9 The SUBRECIPIENT nius'L reiairi records in accordance 24 CFR Subpart F — Grant AdrrJri!:�ilai.iji-i; § 576.6L60, rRec;ordkeepirlg and Reporting Requirements. HUD requires reci ;ie^Ets to ec....�1 _he uses of ESG-C1/ funding in their Consolidated ��- DER) and through submission of Annuai � C:r-,-., r .� project data ;n�,o H,_ .,eless Managerneninformation System (HMIS) Repository. a,�oitii10 s.r­rli t�le ;�LIBR'=CIPIENT w ihe City is mandatory to meet this rep, irem� t. The C i ..:�a. y re_r` :..; =.��+ r�r� e ._s ;i,�ed niiii�in this Agreement ae ee s:r and the ;-ef oc, NllonitorinL) The SUE=0 frr;enr- „ , R accordance ;fil.ro. ouncY requirernerr .. +' L.t=,,, .- v , 15 urti ar Monitoring har,dbc+ck - 6599.2 REV-7, ClG-1 reviews sEubawards to subrecipients in rirj Lrban Development (HUD) encc� !raged to use HUD CPD In conducting their monitoring The SU8RE`:. =" Lire C7Y is required to periodically monitor the SUBRECki El, 1"S 6--livery of ti ie su:Djeci ESG-CV funding. The CITY will utilize the guidance in HU-3 ,DPD MoniLoring Handbook - 6509.2 REV-7, CHG-1 as well as 24 CFR 756, 2 CIFR 200 and this Agreement when conducting on -site and desk monitoring reviews. Progressive DGa;d'minas Artie Recaptdre Provisions To ensure ESG-CV funds are spent g;uicKiy on eligible activities to address the public health and econornic crises caused by coronavirus, HUD is requiring that the CITY complete eligible reimbursement draw -downs from the U.S. Treasury within 90 days of the last day of the applicable progressive expenditure deadline cycle. To ensure that the CITE' rrsie�s ti;i� �-1' — iegluirei-nent, tiie Ci-FY has se -: rth a Spending Plan by Progressive Exfpenditure Deadiine, which is inciuded in EXHIBIT C to this AGREEMENT, are a rein-iburserneni requesf and accomplishment data processing 2809494v1 / 18621.0003 20 LIUI:UJII�f.11 GIIvCIVF1C IL). 4UJJ/MI.U-U.`1S� -'-F:JOU-00 D'J-L OI:��I.DVVC.=/1 schedule that may be found in TABLE 'I below and more fully described in subsequent nar�'ailye. A. Progressive Expenditure Deadline - Percentage of Grant Awa rd 20% 80% 100 % T?�3LE 1 C. E. Request for I D. SUBRECIPIENT CITY Uploads Reimbursement B. Reimbursement Accomplishment Packet anr; Expenditure Packet Data Packet Data into HUD Acc-ompiishmeni_ Cycle Ending: Deficiencies Reporting Data Submitted lured By%Before: System ,_ o; ;,jrE P{ENT By/Before 1 I Dec. 311, -.�'122 Jun. 30, 2023 Seat. `0, 2n�2 Jail. S Z`0%3 JLAI..3J_, 7u% -reb. 28, 2023 Nov. 30, 2023 Jan. 31, 2023 Jul. 31. 2023 Oct. 31, 2023 F. CITY Completes HUD IDIS Drawdown By/Before: Mar. 15, 2023 Sept, 15, 2023 Nov. 15, 2023 Consistent vJi h, , a io 1 a-nd i--al._i_1 =r C°TY' r�= dui; ernents, the City will recapture: i) the expenditure e :z � BREC;LDJ %,-i S total ESG-CV award should i�� 31 - ", "` reci, pest by January 3 2023 reimbursement for eligible 2--Y;.1 Co..Y., rat feast 20% of fh-e ESG.-CV award for the expenditure cv,31e endi .g )-93 ill recapture the expenditure shortfall Up to 00 sec :;CIV c f F-C`+:=-�-i-WTs -total ESG-CV away—i shouid the SUBRL=CIPi .i,� r: l sues: ` y July 31, 2023 teirl_,Dursemenc for eligible and allowed cos-i�: fL r ai iaa� v� _xXuer,��eCl eligi.6ia aria allowed costs under the ESG-CV award 1D,, ti,e xpenai_u;e cvr-)e nciing Jure 30, 20231 iii) recapture the expendi�.ura s: ., - r�..:;en'_ cf e �,�=+�'1-=�Er1- s Lotai ESG-CV award should i:he �_!_�:_._ - _ rll� :.,,est ;i C�=.� %i;.%3 ;cir�uursernent for eligible cr!d _ I"_.as 0; % -J expe :: 0 ei , ihle a;,d allowed costs r� -.e n e 1 I- 2 under the L ,._ = /,.r „i. /�F�rulrui`� ici �air,g Sep eiTber 0, 2023. loc_ r:' . A esd ':Li J , e s:±mr+sari ed in l-able 1, These peii Columns A, -;. C. a;_•.�.. reC,�Iesi or poi-Jons thereof In the event are ell%JI!:,ie is _t_!`d SUPP"Di"CE1I, ';i1� may provide the StJ�Rr w. I- :� <<� �� a; the ,�.ir,b i.-erner�t request defect by the period for curing documenta`icI Ic-rec_ , :or particcl; .. e; �enuiture deadline cycle shall expire on the resi�ective ryates provided , :aumn iJ of -ramie' in this Exhibit. Shall the defect no" ce -1.aI±. ci; =:d by t;,. cu.-re ";cpiratior�s da'e, the costs associated with the defect w'i;: - i:sai c : ec . i t-, "t ,e � e t ii ° dis.a"ovyed costs results in the total reimburserne,,t or "Ine eApandl-tcl cy ;e `1aliing SI Oi of the amount required for the meeting the cycles progressive exps= .diture deadline amount as provided in EXHIBIT C, the C;- Y wi;; recapture ii'le amour-i of the expenditure shortfall for the cycle. Accomplishment dat_': defects rr,ust also be cured by the respective dates provided in Column D Table ; in -Lnis i=xnibit A. Accomplishment data defects not corrected 2809494v1 / 18621.0003 21 UUVUJIIJ.II MJVUJUijkC JU. V:JJJ/MIJV-UM'i r-�-}VOV-DODU-LDV �JV DVVGCH by the applicable dates may result in the suspension of reimbursement request processing and c'ne rnaking of reimbursement payments until such time as the data defect is cured by the SUBRECIPIEN-F. In the event that a suspension results in the failure to achieve an expenditure deadline requirement, the CITY will recapture the entire amount associated with the expenditure deadline cycle. 2809494v1 / 18621.0003 22 L. UuuolyII CIIvtmupC IL/.'F:JJJI MIi U-UM'-Fr-4:JO V-DO�U-LDU�JIJDUU CGM EXHIBIT B BUDGET SUMMARY Agreement Between CITY OF FRESNO and Elevate Community Services, Inc. Coronavirus Emer.gency Solutions Grant (ESG-CV) The Project will be funded with EGG-�V, these sources and uses of funds pertain to the ESG-CV funds for this r:�t:1v4. SOURCE OF CITY FUNDS Pro ram Year (PY) Pry. rM_ - Award Amount 2020 HUD ES_ G_-_Coronavirus (ESG-CV) $ 253,266.21 2020 TOTAL CITY ESG-CV . $ 253,266.21 USE OF CITY ESG FUI"�US Use of Funds Amount Implementation of Program Services in accordance with the s u h; e ct CiTY AND $253,266 21 SUBRECIPiEi`f E, r,er�e, .cy Shelter Aq-eement and Scope of Work., c7WEIT �'� to this Agreement 28094940 /18621.0003 IJUVUJIIJ.II CIIVCIUNC IU. 4:JJJl N\JV-UN5`r-4 VOV-DOD V-LDVJyIIDVVCCN EXHIBIT C SP':ENIDING PLAN BY EXPENDITURE DEADLINES AGREEMENT OF FRESNO AND Elevate Community Services, Inc. Expected Invoice Expected Invoice Expected Invoice Expected Invoice Sum of Invoice Sub missi on by October Su omission by Submission by Su bmissionby January Submissions for 31, 2022 for Month N ovember 30, 2022 December 31, 2022 for 31, 2023 for Month Meeting 20%Deadline no for Month Ending: Month Endin Endirul: (Sum of Column G thru 22 31-Oct-2022 30-Nov -20222022 31-Oec-2022 Column) 19,'1F,7 '�S19.:32 $ 19,482 $ 35,482 $ 16,000.00 $ 19,482.02 $ 19,482.02 $ 19,482.02 $ 35AM Cumulative Expenditure § 16,000.Cc $ 35,482-02 $ 54,964.04 $ 74,446.06 74,446 Cumulative % Expanded 14.00L. 2LZi ?9-a 29.49629.496 :n wtv ltcq 23,793 Expected Invoice Expected Invoice Sum of Invoice Expected Invoice Submission by 1> ,.,Iel Invoice Submission by Expected Inv��ce Expected Invoice 1 Submission by May Submission by July 31, Submissions for �ebrua 28, 2023✓.a.cn Si, 2u23for ! Submission by April 30, Submission by June 30, 31, 2023 for Month 2023 for Month Meeting 80% Deadline fol Mcnth. Fnd[n - r. Snalr.3= 2023 for Monln Endir;'-� 12023 for Month Ending: I End'e� Ending: (Sum of Column Gthru 31-Jzn-2023 s1`rr-2)23 __ JOr.n!- 3bA'gy;21.23 30-Jun-2023 Column $ 20,0621 _ 5 20,062 �i0`s- 20,0521 $ 20,052 $ 20,062 40,124 $ 20,062.00 $ 20,062.00 $ 20,062.00 $ 20,062.00 $ 20,062.00 $ 20,062.00 $ 4VX Cumulative Expenditure $ 94,50&O6 $ 114,57006 134,E3',0� $ 154,694.06 $ 174,756.05 $ 194,81806 233,7i34 Cumulative % E�necr',- 37•" - _ _ 114 690" 76.9% 76.0 .._. ._ _ _ 31,171 Expected Invoice Expe ttea Invoice Expected Invoice Sum of Invoice submission by i,ugus LS�bMissiGn by tiep:Fber� Submission by Submisslonsfor __, •_-. `.-•:`a—,h 30, 2023 fcrM-th, Ocotber31,2023for Meeting 8056 Deadline :nd na End W Th Endin t (Sumof Column Gthru - Eolurnn 0 S f 14,4E9.00 , 5 19,+183,00 $ S 19,487. 19,483.00 $ 19,483.00 $ 19,48215 $ 19,482 Cumulative E--nc+ c,e , - , _ : cE : 23' i5-^. 06 5 253,266 21 253,266.21 1oo.o°i IOQ:09i H3,266.2� 28094N O / 18621.0003 uuuuollyll CIIvulupC IU.'-F:JJJ/HL.V-VH�4r W:JOU-DODU-LDU��I..OVVCCH EXHIB;T D QUARTERLY REPORT AGREEMENT BETWEEN CITY OF FRESNO AND Elevate Community Services, Inc. Ceronavirus Emergency Solutions_ Grant [ESG-CV Note: Below are4 snapshots of the 4 Exce! •nro„cneets m:k'ng up the ESG Quarterly Report. Contact Erika Lopez at Erika.Lopez(@fresn0.gov to receive the Report in Excel. The entire re3ort should be completed and submitted quarterly in Excel to H CDD@f resno.go with a copeEr n Lopez Project Sponsor Name: ILjEC.]FU.150.':L'I L'u;;P, Federal Award Identification Number(ESG E-20-MW-60-0001 Federal Award Date: 2-Apr-20 G rant #): Federal Funds Obligated by Federal Ful+ds oi)ligzted to $ This Agreement: '-'rOlier` s+ a zsor: i Total Amount of the Federal Mime of Fedem.l Awarding Department of Housing and.r Award forthis Activity Agency Urban Development (HUD) Name of Pass -Through :1 v;arr! n4fi :1-1 Znnta-y Erika Lopez, Entity: (rl'iy Gi FYesnV, CA " -s ... erika.lopez@fresno.gov Emergency Solutions Grant 2WO Fresno St., CHN 3065, CDFA Name: -::aard Official Address: Program, 14.231 Frssno to 93711 Alctto Exceed 10.0•� di hlai,lmum'.nctlect Cost Rate minimus indirect rate or Identification of R & D: None Irialrecc rate approved by cognizani agency Date of Contract Execution Year (HUD 20?0 Imm/dd/xx) leriod of Performance Start )ate (mm/dd/xx) lrtion Plan Year / IDIS Iroject ID Number 2020/10 *.h • :y F56-CV — total ESG-CV Funds.. :xpended (PYTD) :send rotas Funds Expe.,de: ndirect Cost (PYTD) lepart prep a. 2809�94•,1 ^c2 00�2 LIUUUO[yll CIIVtdIUytC IL/. 4:JJJ/MI,U-U/14f —4JOU-OOOU-LDU�.7l..O UU CCH ctSponsor: of Contract Execution fdd/xxxx) �d of Performance Start Date Ac -i. ity(s): ES accompl ish melt `iear(HU D 2020 Ol/00/00 Y:,,gram Year) Period of Performance End -_•�iK�1�l _. --- - -- .. eft+: umber of Persons Contacted Once _ _ 0 umber of Persons 2- 5 Contacts umber of Persons 5A r�-- �? umbertrfeersor., : 7tal +lumber ^f P-. - umbcr at r, :u;c.;..,;•s umber of Children. Z.:; um4ler of Persons with,.. �� umb-ror'•� u mbc r a: , hranicaily— on•Chranic,.';. OMMEw-. urr+bc, umh_r of Lt umbc, of Adult Le--, utnburofAdult and :laadci urnhuf of to 7 days to 14 dayi --... -- . i ta�A.-:i• ?tc L3k Lto90�--_--- Ito=0?•: _ - _ it to 3L5 w.., . _ —_— SGto730dl:,.;1-2..- ataNot Coll:c-. umborof Chronic3'b,'ur:- umber of Youth U _ umbra- of umber of Child anti Or:c:- umbc. ofI— -. ;tal ESG-Cvi �:- prceryus" ' � ---- ----- -- - eporc CT i LwL;uC)1y11 F-11vtnupt: JLJ. jLci Sponsor: of Contract Execution 2020 n/did/x;4xx) 01/00/00 Program Year) iod of Performance Start DE ,f Perfci riance Enc: n/dd/xK%x) Oij OGf 00 Date • mv,. "d 1; U /OD/ ital Housing ocation and Stabilization Services - Financial Assistance a=Ion and Stabilization Services - Services ar,d Pay (unique activity) c1lard Incentives (unique act.vi,-i; S unteer Incentives (unique acdvit,,! S ning (unique activity) $ Otal Homelessness Prevention enditures for Rapid SRI �e. ject Na real Housing Nation and Stabilization Services- Asc stance D-cation and Stabilization Services - Servicas ard Pay (unique activity) aloto Incentives (unique unzeer Incentives (uniq, ,.--iv ning (unique activity) total Rapid Rehousing ential Services S aratlons lovation or Rehab version and Pay (Unique 3L unteer Incentives (unique activity) ning (unique activity) 10tal-Ernergency Shelter yrrrial Services sing existing real property ortc. or -ores Lfisillon ,o,,aCon ad Pay (unique @r- unteer Incentives (unique .)c_.v ning (unique activity) er Shelter Costs total Temporary EmarZc-nct Shei--sr wial Services ard Pay (unique activity) idwashIngstations/portabie oa-' :-ooms (unique activity) unteer Incentives (unique act;\j ning (unique ac-:v" MW Te--,i , — Kill' mng (unique activity) ninistration wioi'Temporary Erna a1 cvE%xGw.-. - rzs_--- 2K UUUUJIIy.II CI IVCIuptC IU.'+L),D Dl Project Spons::r� Date of Contract Ej, =: _ (mm/dd/xxxx) Period of Perframta Date (mm/dd/vx ,,,:. Total ESG Funded Expenod by Subrecipient/Contractor (PYTD) Total Funs!-- HMIS (PYTD) Report prepared bv: [�j,�r���13U I"i Z1r "e:-!t 1•Sit HMIS 2020 LJUVU,DlylI CI IVCIUr1C IL/. V:JJJ/MI�V'U��=r� -=.JC J-IJCD V-= IiUJ�1�DVVDLt, Eiievate Corpnn uni, y Serv",,ces, ' nc;. Ccronavirus Emerc,cncv Sciutions Grant 'ESG-CV) Coverage shall, he -it ;east ac loroad 1. The {`"iC:J� (� t vC i i r; iJi si���,rr�i�✓� Services Office (ISO) Commercial Genera; L :I _. -,u�iding liability coverage arising out of your business op,_:,-ations. The Commercial General Liability police sl,ail be written an Lcc:irrence corm and shall provide coverage for "boy 'v' ;,; L; prop Ir.� ` � ar.d "personal and advertising injury„ , E g pe wit r or nrerc��.,�es ?,,id opera-rio!ns including the use of owned and rivn-ow completed operations, and contractual Jability (Inc uding, without limitation, indemnity obligations und:.r ziie Pig,aement) wii_;1 limits of liability not iess than those set forth under Limits of !nsurance." 2. The rnosi: ca1 r , : ve-s,a`r -,f ISO `Commercial Auto Coverage Form CA 00 01, providing ?iaa'.Nlity coy erage arising out of the ownership, maintenance or use -F F U`LO' !obiiss ir the course of your business operations. The Automob;1e PoiiCv shall , written on an occurrence form and shall provide coverage ;Cr owned, hired, and non -owned automobiles or other licensed vuriiceus kCode ai iy Au o). li personal auiomocile coverage is used, th-e C 'f i , iZs of"ic::; s, Officials, employees, agents, and volunteers are to be IiJi l l as aciditiui aai insureds. 3. ce as requ;red bpi the State of California and �i �l '� - _cal it+`� I ir_3n: -P 4. Prc-i�: ss,cnai ._iaI iiiN arld Ornissions') insurance appropriate to s Arcl'iitect's and engineer's coverage is to "e P.n!�n c- inCil!C� rr jYr�.l T:l�i li?biii+y� MINIMUa a.ta'md�°ram 5` ..°ye•'_j� v SUBREC!Pi'.-,`-rT �i �.:y i �s: `_'�'S :''=_C;PIE'�'T subcontracts with, shall maintain lir!i'. i� j of ens ^u , +tone scat -north below. However, insurance ,, . 701"C1 "s, officials, employees, agents, and volunteers as adc::.cr,.a! ir!si_;�er: �. shai`, be the greater of the minimum limits specifiec nv�-:-_,iil ,N' insurance Proceeds available to the named insured: badih/ injury and property r: `Dr pc.rso-�a'and advertising 1JIi Pi-oducts and completed 2809494vl ':8621 .;u VUVU01yiI CIIVCIUFIC ILJ. '#UJJfNVV-VNir 1, aggregate applying separately to the 2. DiV sTY- r -: - deny for boai y injury and property damage. 3. as reQui;eo. uy the State of �•J J'J icdc's.il iQi !JoCJly =;r (I Omissions): UMBRELL In the event ",.J,.:J � .`; :�e ar, J ri -rella or Excess insurance policy(ies) to Mini!-,7:.k-,- i_irnl of IEi��1rGi^G" ;" this insurance policy(ies) shall "follow 'l-ian the primary insurance policy(ies`. ;;`_.s ':-,,surance policy(ies) shall also apply on a br s;, for the benefit of the CITY, its officers, officials, e, np,L;vees. G0e1-IiLs, aIid volunteers. SUBRECIPi`N-, Cast "'DI si✓; `cr paynnent of any deductibles contained in any insurance pc c;i-' isd here and SUEREC,IFIR ENT shall also be responsible for payr lent of any self -insured retentions. Any deductibles or self - insured retentior � i r i be o:, ':- ie Certificate of Insurance, and approved by; the CITY, 's Risk Manager or designee. At the option of the CITY's Risk Manager c;. ;,e, ec� (i) Tha insl;ri ,- t_.r eiimi .ate such deductibles or self -insured �r�' ;c c c �r tc J . �- rc i` f employees, r-t .in! . rri.- p�_,_ i s ^ffi e off' i�_.s, mploye s, agents, and SJS '.-'.; is sha,si r;r:_ vine a financia! guarantee, satisfactory to CITY's (n) Risk M-r. _ - d yoyr�ent of losses and related inves.tiq-,--iti, roc r(a;m. .: do 1r-Jstrat;cn ?r'd deferse expenses. At no time ch::0 "_: respom;,-, & nor i-he payment of any deductibles or self- insureC; re,-... ..,':�. OTHER a!S. 4 .l � 1 � The Gef�e� _. - --- ±" _rw � ?--i,3 i'i:1' 'r gG;?cies a to contain, or be endorses, i -c, .. s _)it_ -.gig orc,•,Y;sio-,s: 1, Ci-.icyees-, -agents, and volunteers are to be F ,t4d shaii establish additional sE-'ISO Form CIS 2,� 2'.- e:, :,'_:;�,-, ' ,anuscript insurance company (--;c,itiora! insured status as broad as that CC) �;i,Y,t LJUUUJIIJ.II CIIVCIUFrC IL). •F:JJJ/Fi'v V-J;- i.- -- . i ..11_-''-r• 2: naij n r,a special ilimilLatlons on the scope of cfi'dais, employees, agents, and insura:-ice ;p:-oceeds in excess of the specified ,,i _..:`, _ shall be aaaiiable to tale Additional Insured. 3... '-'s=.� : nl+ . ERcz^IP ENT's insurance +�-;e 1'ITY, its officers, n==�i 4 i fio r.} -.sur ance or self- ., �: `,-�' {ir_.ers, officials, emoloyees, agun _ .,.'c_ :r -aH be e.Xess of SUBRECIPIENT's insurance shall estabiish primary S. -_. _ , �,�>> :�, .� : ; i C �u ;�'I 34 13 or by an -that provides as tr;a'L contained in ISO The VI1c_-- :_..:�_ = -- = -- ._; :.,rl`.',._ OF b` endorsed to _ contain, waive any right of _ .. _ :...,_ ;.: r,,;l, ,. - :_y, a -eats, nd E=r I ;° voluntee: If the pr„�e�, - �:�:. �r ; I .. �.. �.-rY oofin^ is V.irj. on a - - — �� claims--r, 1. The rn�loa.��ive Cc,:Ec ;-r,u5— s 1::0-,- , �: ;u I-PiLiSi De ore tiie eiiective elate of � the AI;re.e ;art or she ccr—nmencement of work by SUBRECIPIENT. 2. Insure,. _ ._ _ =.._.e' ? 1;r=.nce ::! st be provided for = _ _y . ,. fire Agreement work or term ir:L7: ir-st, o.r, in the alternative, the J _ policy ch211 hp 7;�^rS: ' 'i.^ °7rovide not less than a five (5, year discovery period. 3. If cover ._:tiler' ncn-renc,ved, and nc` replaced with another claim r. _ - ,, ��cti��,_ . .o .h effective date of the Agreement cr the commencement of work by SUBRECIPIENT, SUBRECIPIEr,"T must purchase "extended reporting" coverage for a minimum � or re ; ;Nears cornpletion of the Agreement work or termination of the r;oree;,le:r, ,,,, ,:cet,�r oc;cars iirsL 4. A cope of the ;aairr's renorii r®n!!irer_rents roust he submitted to CITY for revie�hr. 5. Tr lese requf' r �:• sila`i sLl -vi've. cxp, ;; alien c,, -ier i-ninatloi I of the Agreement. All policies Crf - _= rc C �: ai..'a"i "e er?dorsed to provide that the coverage sn_Jl . ��� ���,nc_.:Ie�.�, ,�,cr�-rc�rl�e��eer ,edu,�Ld in coverage- or in limits except apt,E; -L-hi �_u) calendar _; ys �Ajritter; notice by certified maii, return receipt =:. . : is esponsible r c requeste', providing vvr_fe., , ` F,- uil z, the same terrns and conditions. Upon issuance ray :; _.. pro i au: nL & a notice o' carccellaiion, non -renewal, or reduction, ir, or ire :Irl;its, SUBREC;IPiEN-o shall furnish CITY with a new certificate a,-!:_ a _,ciicabie _erioorsernel r(s for such r)oiicy(ies)- In the event any policy is 6ue, �.-_ �i� :�_; tfi ,,Lo'r,. Lo c J,: ,J arm,_-d for Cl . Y, SUBRECIF ENT VUI:UJIIJ.II CIIVCIUPU IL). shall prov !e =. �icar_ , '. i iica:, e e: ­Jorsements, evidencing renewal of such Poii", ±, _ '...an f;;-:' -:', , 6", sa:endar days prior io the expiration date of the expiri 19 Should any D--1" , _ ; ar _,;Ced p :'.ci =.s provide that the defense costs are paid within the Limi+-. : _ _ fir ';; i't. =: r� ii 'ale hmirs : y any dafense costs, then the r :r-. „ t, lest. c �_.cii._� es will the :.: }'�- `. -I .� _, ._ .,;';�, ., i +c be t f above The fact t =. ��;r�` C!'Dl�='� T shall n.et be deemed to release ,�r ld:ng, without limitation, liability �,�;_ i :I--, . - t. T.'ie oclicy !units do not act as a iyl , , _ - _ .gin <<_: _ , rtount of mdernni'fication to be provided by SUBRECsPIE;` E,;n„ insurance contracts or policies shall in L �,�� ;;al ;iffy us �u6i�EC,Ii DENT, its principal.-, U;e- supervision of SUBREC;� �.-, . ._._,- _._,�>°�;� ,: , ,�1_c,�s, c�rSLglt,',-_ari'L, sub -consultant, subcont ,., _. ; :_ , ,e e; n, `c;;ec Iirec�±y Yoh' i±�direcuy by any of them. SUS'^ - =. - '. "_ _.. , . .- ,._. ; �; _ _ ..,•_ a,;y _;:r !h J services to be :,Ieq sire, a`: the disci_ :i _ ,, �, _ _. :. _, - _. _:r� -_�� nt.. �:c?c r(��`� �c ester ,..to a ,t and insurance U; a:csociated insurance ; t�,ct�;� r o v e U by �;i�t-Y Risk Manage ".. _ ,� ;,_." e ..,�,.,.,,..:: uuirsu, S J i��C; =IC: will be solely �i,�,,-�1,.. „u.: . _ ��. ��± , ,: , ; i;�id; [ in insurance cover; c �._ � �__._ _ ,�_�� i�±a., :.,��„c� ,3,, ��I,cab�r� iaw� and is customary iin� thgpeyp fepyt ' u SUBRECI.�.._`. r:arri;�r i V,/fLf± a?; c�ir/fice,Le(s) and applicable net -under. ,'-SAE certificates and applica. .=, d approved by the CITY'S Risk Manager o: ' '-%- - ! - �c;�,e : or to CiTY'S exec �6tion of the Agreement and before work endorsements amending policy coverage shall be execui(.c' �-'3 ;d a uthorizeld. agent or broker. Upon request of CITY, _- fffr;'ish k"ity with a complete copy of any insurance policy r*,,q._,:re1:� unuei .,iis Agreerrien-L, including ail endorsements, with said copy ce;tiiie,:' in,, L V unc,=;:.:+iier'io he a true and correct copy of the original policy. This shali su give expiration or termination of this Agreement. 2809494v,l -._� � �: L/UVUJIIy.II GIIvCIUi.1C IL/.4:JJJ/NVV-UY15•r-4JOV-,�GC:-L.D:1�yl+DVVCCi� V Guy L t AGREE" _ _ _ �. C�'=. �0 , .NIO 71svate Cor�:munity Services, Inc. SoLitions Grant (ESG-CV) i ..� =i t u ns sr Certification (HUD Programs) Subrecipient or Applicant acllinoI,v'i 'ges and "tat, under HUD conflict of interest rules at 24 CFR 92.356 (HOME); ?A r!7F) r7:� „',� -,f r rn F74 /-,-) 'SAW, or 24 (--,FP 576 404 (ESG), and OMB rules at 2 C F R 112 ar:d.ae• -P ert, con -�ultar,, officer, or elected or appointed official of the subrecip:e;,i, :: o- C;v-v -,f Fresno r/ho 'xeroises or has exercised any functions or responsibilities with res,peceL ac_ivJies ass!s�ea with CULL, HOME, ESG or HOPWA funds or who is in a position to participa-, i!E !fir ,i :iiSi:i;' ,'"ifDrrnation chill -egard to these activities (each "Covered P,2: r,; i ,:.... i�TerF;. ^, ijt `ron a 'D31, HOME, ESG or HOPWA- assisted activity, o _ r -gre� -�e"it vJith respect thereto, or the proceeds thc-reuridcr, iAt;= - se'�,n . :os t" �,;'',om t':c , �lve farnily or business ties, during their tenure or for one ( i) =:r (SELECT ONLY 7HT ^� -_ -o ram,°`. �". ' `:`n MEN"c or, Ar%? 4C 70N. DO NOT SIGN BOTH.) 1 Subreeipier±t or Pn+,li.,=a, + �s'a� - c / =re l , rc^ " i ids acency Or car^^ration is currently a Coveted Persernr r-,: r: :so!:c a o . of at leas': o!;e (1) calendar year prior to the date of this agr ee,:­_:)_ Z7 C L; rD+'o Wayne: I t 12/7/22 --- ---------- ------ - - .-_ .� .� e.� Date 0 Subrecipient or h. p;;c :,_ Ja, c=:ic r.i crganiLutien includes a Covered Person as defined jc .:; i:y or busr;sss reiationship w;th a Covered Person. Date Please provide a U �cl;;; L LYJJe of covered person. 0 Employee IJ �.c, - - i- «, , _ d -.. -. =cLed C,- +icial ❑Appointed Official The Covered Pere.:: 0 Subrecipient/Applicant "coverer person` 0 Family member-n-. :e—�___--------(p!�. se Print clearly) 0 Business associate- 7r _ _r {please print clearly) A Covered Person di, s r _ ,::icai; , dau �a 1 y an `�,; i,iLy : oj^n participating in a HUD assisted program. If a covered person is i;,c-n.i`iec, 1-, _ Senior l,Aanag aniP-.nt Analyst or Project Manager will assist you with the additionsl steps that ..:us_ „r:... r,`o e _ ,c . rgar,._^c ^`s a:c <erri-.._ or al,olicacion can be funded. A person may become a `: e,: r ._ ;_-arson" a. a -:y time during ii ;e implementation process and this will include beneficiaries receivin as <<ar •..: „ro' ,rough t� .s agraament or application who are or have a relationship with a cove-Ced i,c:- crl o" the :;i:,r' ,,ai or of C ty Fresno. A new certification is required each time a covered person is id -.L; : -11 2809494V1 : 181E i. _G.: