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
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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
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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
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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
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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.
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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
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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
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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:
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• 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
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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.: