HomeMy WebLinkAboutHousing Authority - ESG Agreement - 9-1-2021L/VI.UJIIY.II CI I VCIUpt: IU. UOVOI4Lr-OI4L--+ODL-M000-CML/OOCU/-"U IU
AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the 1st day of September 01, 2021, by
and between the CITY OF FRESNO, a California municipal corporation (CITY), and
HOUSING AUTHORITY OF THE CITY OF FRESNO, a public body corporate and politic
(RECIPIENT). CITY and RECIPIENT are sometimes hereinafter referred to individually
as a Party and collectively as Parties.
CITY has received a grant commitment from the United States Department of Housing
and Urban Development (HUD) to administer and implement the Emergency Solutions
Grant (ESG) in the CITY of Fresno in accordance with the provisions of 24 CFR Part
576 et seq. and California law.
The purpose of the ESG grant is to provide assistance to the homeless and those at risk
of becoming homeless to quickly regain stability in permanent housing after experiencing
a housing crisis and/or homelessness within the CITY.
Then CITY issued a Notice of Funding Available (NOFA) on February 5, 2021, to solicit
for proposals with specific plans to provide eligible ESG services in the areas of
outreach, emergency shelter, homeless prevention assistance to households who would
otherwise become homeless, assistance to rapidly re -house persons who are homeless
and related indirect costs (up to a di minimus indirect rate of 10% of modified total direct
costs eligible under the ESG award). The contract award is contingent upon the following
conditions:
The RECIPIENT is a member of the Fresno- Madera Continuum of Care.
In response to the NOFA, RECIPIENT submitted a Proposal which included a Scope of
Work and cost proposal (Budget) as described in Exhibits A and B respectively and
represents it is capable and qualified to meet all the requirements of the NOFA and this
Agreement.
Pursuant to CITY Resolution No. 2021-101 the CITY Manager is authorized to execute
ESG Agreements, on behalf of the CITY, that are within available allocate ESG funding
and in a standard form approved by the CITY Attorney.
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 Administrator" shall mean the Manager of the
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Housing and Community Development Division of the Planning and Development
Department of CITY or his or her designee.
C. "Bid Proposal" and "Proposal" shall mean RECIPIENT`s response to the NOFA
including but not limited to the Budget, Scope of Work, certifications and all attachments
and addenda.
D. "Budget" shall mean RECIPIENT's Cost Proposal submitted with the Bid
Proposal.
E. "CITY Manager" shall mean the City Manager of CITY.
F. "Comparable Database" shall mean a required database for providers of services
for victims of domestic which is compliant with HUD HMIS Data Standards.
G. "Contract" or "Contract Documents" shall mean and refer to this Agreement
including its exhibits and the NOFA and Bid Proposal with all attachments and addenda
thereto.
H. "ESG" shall mean the Emergency Solutions Grant as set forth in the ACT.
I. "General Conditions" or "General Requirements" shall mean the General
Requirements contained in the NOFA.
J. "Di Minimus Indirect Rate" shall mean 10% of modified total direct cost (MTDC)
and is further described at 2 CFR200.68 and CFR200.414(f) including referenced
appendices.
K. "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.
L. "HMIS Data Standards" serve as the foundation for data base software
construction, data entry, analysis and reporting.
M. "HMIS System Administrator" shall mean the individual(s) whose job it is to
manage the HMIS implementation at the local level: enrolling programs and managing
appropriate use, supporting users through connection to, or direct provision of, user
training, and overseeing system setup.
N. "Modified Total Direct Cost" (MTDC) shall mean all ESG eligible direct salaries
and wages, applicable fringe benefits, materials and supplies, services, travel, and
subawards and subcontracts up to the first $25,000 of each subaward or subcontract
regardless of the period of performance of the subawards and subcontracts under the
award. MTDC excludes equipment, capital expenditures, charges for patient care, rental
costs, tuition remission, scholarships and fellowships, participant support costs and the
portion of the subaward and subcontract in excess of $25,000. (2 CFR 200. 68).
O. "Program" shall mean services provided under the Federal funding source.
P. "Program Component" shall mean the five program components of: Street
Outreach, Emergency Shelter, Rapid Rehousing, Homelessness Prevention, and HMIS
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as more fully described at 24 CFR 576.101 through 576.107. Administration of the
program is an activity and not a Program Component.
Q. "Program income" for the specific purpose of this Agreement shall be as defined
in the ACT. Unless otherwise provided for in the ACT, program income shall include any
and all gross income earned by or accruing to RECIPIENT in its pursuit hereof provided
that the term program income does not include rebates, credits, discounts or refunds
realized by RECIPIENT in its pursuit hereof.
R. "Project" shall mean the RECIPIENT'S operating name for distinct ESG Program
Component.
S. "NOFA" shall mean the Request for Proposal Number 2021-101 for the CITY of
Fresno Emergency Solutions Grant dated February 5, 2021, including without limitation
the general requirements, bidding requirements, all its attachments, appendices and
addenda.
T. "Scope of Services or Services" shall mean those services submitted with
RECIPIENT's bid proposal to be offered in fulfillment of the Program and included in
Exhibit A.
U. Subaward shall mean an award of City funds provided by the RECIPIENT to a
Subrecipient in order to carry out a part of RECIPIENT's program, program component
and/or Project.
V. Subcontract shall mean a RECIPIENT's agreement, with a vendor or
subcontractor, which is selected in accordance with the RECIPIENT's board -approved
procurement policy and Federal procurement and contracting requirements at 2 CFR
200.318 through 200.326.
W. Subrecipient shall mean an entity that receives a Subaward from the RECIPIENT
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 be RECIPIENT's point of contact and to whom
RECIPIENT shall report.
2. Scope of Services. RECIPIENT shall provide the Program in conformance
with the Contract 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. Effective Date and Term of Agreement. It is the intent of the Parties that
this Agreement be effective as of the date first set forth above as to all terms and
conditions of the Agreement. Services of RECIPIENT shall commence on September
1, 2021, and shall end June 30, 2023, which shall be the term of this Agreement, unless
terminated earlier as provided herein.
4. Compensation and Method of Payment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed TWENTY-ONE THOUSAND TWO HUNDRED THIRTY-ONE
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DOLLARS ($21,231) for satisfactory performance of the services rendered therefore 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
RECIPIENT to the CITY with each request for reimbursement. The RECIPIENT'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 RECIPIENT's performance of
services under this Agreement shall be borne by the RECIPIENT. If RECIPIENT should
fail to comply with any provisions of this Agreement, CITY shall be relieved of its
obligation for further compensation. Notwithstanding any payment provisions herein,
RECIPIENT's failure to timely and properly submit required records and reports set forth
in this Agreement may be cause for CITY to suspend or delay reimbursement payments
to RECIPIENT.
a. Payments shall be made by the CITY to RECIPIENT in arrears for
services provided during the preceding month. Such payment by CITY shall be made in
the normal course of business, within thirty (30) days after the date of receipt by CITY
of a correctly completed and supported invoice in accordance with the provisions of this
paragraph, and shall be for the actual expenditures incurred by RECIPIENT in
accordance with Exhibit B. Payments shall be made after receipt and verification of
actual expenditures. All 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.
b. The Administrator may, in his or her sole discretion, agree in writing
to revise the payment schedule in subsection (a), above, upon RECIPIENT's showing
that such will facilitate delivery of the services; provided, however, that total payments
under this Agreement shall not exceed the total amount provided for in subsection.
C. Any funds paid by CITY hereunder which remain unearned at the
expiration or earlier termination of the Agreement shall be, and remain in trust, the
property of CITY and shall be remitted to CITY within 10 days of expiration or earlier
termination of this Agreement. Any interest thereon must be credited to or returned to
CITY. Upon any dissolution of RECIPIENT, all funds advanced pursuant to this
Agreement and not expended shall be returned to CITY.
d. CITY will not be obligated to make any payments under this
Agreement if the request for payment is received by the CITY more than 60 days after
the date of termination of this Agreement or the date of expiration of this Agreement,
whichever occurs first.
e. RECIPIENT understands and agrees that the availability of ESG
Funding hereunder is subject to the control of HUD and should the ESG Funding be
encumbered, withdrawn, or otherwise made unavailable to CITY whether earned or
promised to RECIPIENT and/or should CITY in any fiscal year hereunder fail to
appropriate said funds, CITY shall not provide said funds to RECIPIENT unless and until
they are made available for payment to CITY by HUD and CITY receives and
appropriates said Funds. No other funds owned or controlled by CITY shall be obligated
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under this Agreement to the project(s). Should sufficient funds not be appropriated, the
Services provided may be modified, or this Agreement terminated, at any time by the
CITY as provided in section 9 below.
f. RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 of this Agreement.
5. Matching Funds Requirements of RECIPIENT: The City of Fresno will
provide the Match for all ESG funding disbursed to it by CITY on a dollar for dollar basis
for this Project.
6. 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 RECIPIENT 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 9 below. RECIPIENT shall notify CITY in writing within 7 days if any of the
following events occur:
a. Suspension, reduction or withdrawal of RECIPIENT'S funding by
other funding source(s).
b. Addition or resignation of any of RECIPIENT'S Board of Director
members.
C. Resignation or termination of any of RECIPIENT'S staff, including
those staff not funded by this Agreement but essential to the delivery of the services
listed in Exhibit A.
d. The Administrator may, in his or her sole discretion, stay such
suspension of the Agreement for a period not to exceed 30 days to allow RECIPIENT to
either (i) submit a new service or funding plan for evaluation by Administrator who may
accept or reject in his or her sole discretion, or (ii) complete an orderly phase out of
services. If the Administrator accepts such new service or funding plan, then such plan
will be subject to the requirements in Section 14 below.
7. Disposition of Pry ram Income. Absent the CITY's written consent, any
program income generated hereunder shall be used to reduce the CITY's
reimbursement obligations hereunder, or in the absence thereof promptly remitted
entirely to the CITY.
8. Events of Default. When in the opinion of CITY, there is an occurrence of
any one or more of the following provisions it will represent an Event of Default for
purposes of this Agreement.
a. An illegal or improper use of funds.
b. A failure to comply with any term, covenant or condition of this
Agreement.
C. Report(s) are submitted to CITY which are incorrect or incomplete
in any material respect.
d. The services required hereunder are incapable of or are improperly
being performed by RECIPIENT.
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e. Refusal of RECIPIENT to accept change under Section 16
f. RECIPIENT fails to maintain any required insurance.
g. There is a loss of third party funding (see Section 6 above).
h. RECIPIENT files, or has filed against it, a petition of bankruptcy,
insolvency, or similar law, state or federal, of filing any petition or answer seeking,
consenting to, or acquiescing in any reorganization, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief, where such petition shall not have
been vacated within fourteen (14) days; or if adjudicated bankrupt or insolvent, under
any present or future statute, law, regulation under state or federal law, and judgment or
decree is not vacated or set aside within fourteen (14) days.
i. RECIPIENT's failure, inability or admission in writing of its inability
to pay its debts as they become due or RECIPIENT's assignment for the benefit of
creditors.
j. A receiver, trustee, or liquidator being appointed for RECIPIENT or
any substantial part of RECIPIENT's assets or properties, and not removed within ten
days.
k. RECIPIENT's breach of any other material condition, covenant,
warranty, promise or representation contained in this Agreement not otherwise identified
within this Section.
9. Termination and Remedies. Upon the occurrence of an Event of Default,
CITY shall give written notice RECIPIENT of the Event of Default by specifying (1) the
nature of the event or deficiency giving rise to the default, (2) the action required to cure
the deficiency, if, in the 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) calendar
days from the date of the notice, by which such deficiency must be cured, provided,
however that if such failure cannot be remedied in such time, RECIPIENT shall have an
additional thirty (30) days to remedy such failure so long as RECIPIENT is diligently and
in good faith pursuing such remedy.
a. This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT
and a failure to cure said Event of Default within the time specified in the notice of Event
of Default; (ii)-7 calendar days prior written notice without cause by CITY to RECIPIENT;
(iii) CITY'S non -appropriation of funds sufficient to meet its obligations hereunder during
any CITY fiscal year of this Agreement, or insufficient funding for the services provided
by RECIPIENT; or (iv) expiration of this Agreement.
b. Immediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately 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 RECIPIENT that are
owned by CITY. Subject to the terms of this Agreement, RECIPIENT shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. RECIPIENT shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
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C. Upon any breach of this Agreement by RECIPIENT, CITY may
i. exercise any right, remedy (in contract, law or equity),
or privilege which may be available to it under applicable laws of the State
of California or any other applicable law;
ii. proceed by appropriate court action to enforce the
terms of the Agreement; and/or
iii. recover all direct, indirect, consequential, economic
and incidental damages for the breach of the Agreement. If it is determined
that CITY improperly terminated this Agreement for default, such
termination shall be deemed a termination for convenience.
d. In no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may
then exist on the part of RECIPIENT, nor shall such payment impair or prejudice any
remedy available to CITY with respect to the breach or default.
e. CITY expressly reserves the right to demand of RECIPIENT the
repayment to CITY of any funds disbursed to RECIPIENT under this Agreement which,
in the judgment of CITY, were not expended in accordance with the terms of this
Agreement, and RECIPIENT agrees to promptly refund any such funds within 10 days
of CITY'S written demand.
10. Indemnification. To the furthest extent allowed by law, RECIPIENT shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage), and from any and all claims,
demands and actions in law or equity (including reasonable attorney's fees and litigation
expenses) that arise out of, pertain to, or relate to the negligence, recklessness or willful
misconduct of RECIPIENT, its principals, officers, employees, agents or volunteers in the
performance of this Agreement.
If RECIPIENT should subcontract all or any portion of the services to be
performed under this Agreement, RECIPIENT shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive expiration or termination of this Agreement.
11. Insurance.
a. Throughout the life of this Agreement, RECIPIENT shall pay for and
maintain in full force and effect all insurance as required in Exhibit D or as may be
authorized in writing by CITY'S Risk Manager or his or her designee at any time and in
his or her sole discretion.
b. If at any time during the life of the Agreement or any extension,
RECIPIENT or any of its subcontractors fail to maintain any required insurance in full
force and effect, all services and work under this Agreement shall be discontinued
immediately, and all payments due or that become due to RECIPIENT shall be withheld
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until notice is received by CITY that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory
to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY
to terminate this Agreement. No action taken by CITY pursuant to this section shall in
any way relieve RECIPIENT of its responsibilities under this Agreement. The phrase
"fail to maintain any required insurance" shall include, without limitation, notification
received by CITY that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
C. The fact that insurance is obtained by RECIPIENT shall not be
deemed to release or diminish the liability of RECIPIENT, including, without limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify CITY
shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification
to be provided by RECIPIENT. Approval or purchase of any insurance contracts or
policies shall in no way relieve from liability nor limit the liability of RECIPIENT, its
principals, officers, agents, employees, persons under the supervision of RECIPIENT,
vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone
employed directly or indirectly by any of them.
d. Upon request of CITY, RECIPIENT shall immediately furnish CITY
with a complete copy of any insurance policy required under this Agreement, including
all endorsements, with said copy certified by the underwriter to be a true and correct
copy of the original policy. This requirement shall survive expiration or termination of
this Agreement.
e. If RECIPIENT should subcontract all or any portion of the services
to be performed under this Agreement, RECIPIENT shall require each subcontractor to
provide insurance protection in favor of CITY and each of its officers, officials,
employees, agents and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file with
RECIPIENT and CITY prior to the commencement of any services by the subcontractor.
12. _On -Site Monitoring. Authorized representatives of HUD and/or the CITY
shall have the right to monitor the RECIPIENT's performance under this Agreement.
Such monitoring may include inspection activities, review of records, and attendance at
meetings: RECIPIENT shall reasonably make its facilities, books, records, reports and
accounts available for CITY's inspection in pursuit hereof.
This section 12 shall survive termination or expiration of this Agreement.
13, Records. Reports and Inspection.
a. RECIPIENT shall establish and maintain records in accordance
with all requirements prescribed by CITY, HUD and generally accepted accounting
principles, with respect to all matters covered by this Agreement. As applicable,
RECIPIENT shall comply with all applicable requirements of CFR Part 200 - Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards, including the provision of a single audit (generally applicable where funding
from all federal sources in any fiscal year exceeds $750,000), and to such extent shall
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submit to the CITY any applicable auditor's reports and audited financial statements no
later than three (3) months after the RECIPIENT's fiscal year end.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
i. On a quarterly basis, RECIPIENT shall submit to CITY, a
report utilizing and completing the form attached as EXHIBIT C — ESG Quarterly
Report. The report shall be submitted within thirty days of the close of each
quarter of the fiscal year for the duration of the Agreement. RECIPIENT shall
ensure the ESG grant funds provided by GRANTEE are clearly identified as a
subaward and include the following information:
• RECIPIENT NAME: Fresno Housing Authority of the City of Fresno
a RECIPIENT ID (DUNS #): 138255791
• Federal Award Identification Number (ESG Grant #): E-21-MC-06-0001
0 Federal Award Date: July 01, 2021
• Period of Performance: September 01, 2021- June 30, 2023
• Federal Funds Obligated by this Agreement: $21,231.00
m Total Federal Funds Obligated to RECIPIENT: $21,231.00
• Total Amount of the Federal Award: $606,586
0 Federal Award project description: HMIS Services
• Name of Federal awarding agency: Dept. of Housing Urban
Development
• Name of pass -through entity: CITY of Fresno, California
0 Award Official Contact Information: Name and Address
• CFDA Number: 14.231
■ CFDA Name: Emergency Solutions Grant
i Identification of R&D: No
• Indirect cost rate for the Federal award: Up to the di minimus 10%
indirect cost rate allowed by CITY of Fresno
ii. RECIPIENT shall maintain all records required by the
Federal regulations specified in 24 CFR 576.500
iii. RECIPIENT shall retain such records for a period of five (5)
years after receipt of the final payment under this Agreement or the earlier
termination of this Agreement, whichever 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
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litigation, claims, or audit findings involving the records have been resolved
and final action taken.
b. the RECIPIENT is notified in writing by the CITY to
extend the retention period.
iv. RECIPIENT is to prepare written financial statements, and
completed ESG Quarterly Report, each in the form attached hereto as Exhibit C
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.
b. During the life of this Agreement and for a period of five (5) years
after receipt of the final payment under this Agreement or the earlier termination of this
Agreement, whichever occurs later, RECIPIENT 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 deem necessary, make available to them or any one of them,
within the CITY of Fresno, such statements, records, reports, data and information as
they may request pertaining to matters covered by this Agreement and permit them or
any one of them to audit and inspect all records, invoices, materials, payrolls, records of
personnel, conditions of employment, and other data relating to all matters covered by
this Agreement. RECIPIENT shall also permit and cooperate with on -site monitoring
and personal interviews of participants, RECIPIENT'S staff, and employees by
Administrator and other CITY and/or HUD representatives.
C. The RECIPIENT is required to participate in the Fresno Madera
Continuum of Care (FMCoC). Participation is defined as attendance of the Member or
the Alternate Member at a minimum of 75% of all FMCoC Director's meetings.
RECIPIENT's attendance shall be confirmed through the Board -approved minutes of the
FMCoC Board of Directors' meeting. Recipient shall attach the most currently available
monthly minutes of the FMCoC are to be attached to the ESG Quarterly Report.
This Section 13 shall survive expiration or termination of this Agreement.
14. Subawards. The RECIPIENT shall not enter into an Agreement making a
Subaward to a Subrecipient for any work contemplated under the Agreement without
first obtaining the CITY's written approval of the Subaward Agreement.
a. An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CITY's
files.
b. RECIPIENT is responsible to CITY for the proper performance of
any subcontract. No such subcontract shall relieve RECIPIENT of its obligations under
this Agreement.
C. Any subcontract shall be subject to all the terms and conditions of
this Agreement.
d. No officer or director of RECIPIENT shall have any direct or indirect
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financial interest in any subcontract made by RECIPIENT or in any loan, purchase of
property, or any other arrangement made by RECIPIENT, by whatever name known.
15.
Conflict of Interest and Non -Solicitation.
a. Prior to CITY'S execution of this Agreement, RECIPIENT shall
complete a CITY of Fresno conflict of interest disclosure statement in the form as set
forth in Exhibit E. During the term of this Agreement, RECIPIENT shall have the
obligation and duty to immediately notify CITY in writing of any change to the information
provided by RECIPIENT in such statement.
b. RECIPIENT shall comply, and require its subcontractors to comply,
with all applicable federal, state and local conflict of interest laws and regulations
including, without limitation, California Government Code Section 1090 et seq., the
California Political Reform Act (California Government Code Section 87100 et seq.) and
the regulations of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations Section 18700 et seq.). At any time,
upon written request of CITY, RECIPIENT shall provide a written opinion of its legal
counsel and that of any subcontractor that, after a due diligent inquiry, RECIPIENT and
the respective subcontractor(s) are in full compliance with all laws and regulations.
RECIPIENT shall take, and require its subcontractors to take, reasonable steps to avoid
any appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, RECIPIENT shall immediately notify CITY of these
facts in writing.
C. In performing the work or services to be provided hereunder,
RECIPIENT shall not employ or retain the services of any person while such person
either is employed by CITY or is a member of any CITY council, commission, board,
committee, or similar CITY body or within one 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. RECIPIENT 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.
ARTICLE 2 FEDERAL REQUIREMENTS
16. RECIPIENT warrants, covenants and agrees, for itself and its contractors
and subcontractors of all tiers, that it shall comply with all applicable requirements of the
Lead -Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35
and 24 CFR 982.4010). In this regard RECIPIENT shall be responsible for all inspection,
testing and abatement activities.
a. The requirements, as applicable, of the Lead -Based Paint
Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations at
24 CFR Part 35. In addition, the following requirements relating to inspection and
abatement of defective lead -based paint surfaces must be satisfied: (1) Treatment of
defective paint surfaces must be performed before final inspection and approval of the
renovation, rehabilitation or conversion activity under this part; and (2) Appropriate
ESG Agreement 2021 — 6/24/2021
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UUUU01yI CI IVCIUFlC IU. UOVO/4Lr-O I
action must be taken to protect shelter occupants from the hazards associated with lead -
based paint abatement procedures.
b. The RECIPIENT agrees to comply with all applicable requirements
of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD
implementing regulation 24 CFR Part 8.
C. RECIPIENT agrees to comply with the federal requirements set
forth in 24 CFR Part 5, except as explicitly modified below, and use of emergency shelter
grant amounts must comply with the following requirements: (a) Nondiscrimination and
equal opportunity. The nondiscrimination and equal opportunity requirements at 24 CFR
Part 5 are modified as follows:
i. Rehabilitation Act requirements. HUD's regulations at 24
CFR Part 8 implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C.
794) as amended. For purposes of the emergency shelter grants program, the
term dwelling units in 24 CFR Part 8 shall include sleeping accommodations.
ii. RECIPIENT shall make known that use of the facilities and
Services are available to all on a nondiscriminatory basis. If the procedures that
the RECIPIENT intends to use to make known the availability of the facilities and
Services are unlikely to reach persons of any particular race, color, religion, sex,
age, national origin, familial status, or disability who may qualify for such facilities
and Services, the RECIPIENT must establish additional procedures that will
ensure that such persons are made aware of the facilities and Services. The
RECIPIENT must also adopt procedures which will make available to interested
persons information concerning the location of Services and facilities that are
accessible to persons with disabilities.
iii. The RECIPIENT shall be responsible for complying with the
policies, guidelines, and requirements of 24 CFR Part 85 (codified 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.
d. The RECIPIENT will be responsible for all aspects project contract
award and management including the advertising for bids and shall award the contract
to the lowest responsible and responsible bidder. The RECIPIENT 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.
e. RECIPIENT warrants, covenants and agrees that it shall perform
the Services in a manner 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, RECIPIENT shall not unlawfully discriminate on the basis of religion and shall
not provide religious instruction or counseling, conduct religious services or worship,
engage in religious proselytizing, or exert other religious influence in pursuit hereof.
Subject to the foregoing, RECIPIENT does not intend to utilize ESG funding to construct,
rehabilitate or convert facilities owned primarily by religious organizations or to assist
ESG Agreement 2021 — 6/24/2021
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UUI;U'Dl II CI IVCIVF/C IU. UOUO!'iGr-O IIQ
primarily religious organizations in acquiring or leasing facilities to the extent prohibited
in 24 CFR 576.23.
f. RECIPIENT shall perform the Services in compliance with, and not
to cause or permit the Services to be in violation of, any existing or future environmental
law, rule, regulation, ordinance, or statute. RECIPIENT agrees that, if CITY has
reasonable grounds to suspect any such violation, RECIPIENT shall be entitled to thirty
(30) days' notice and opportunity to cure such violation. If the suspected violation is not
cured, CITY shall have the right to retain an independent consultant to inspect and test
the subject facilities for such violation. If a violation is discovered, RECIPIENT shall pay
for the cost of the independent consultant.
g. The 2 CFR 200 Uniform Administrative Requirements, Cost
Principals, and Audit Requirements for Federal Awards referenced in this Agreement
are available at https://ecfr.io/Title-02/pt2.1.200
17. Relocation.
a. RECIPIENT shall assure that it has taken all reasonable steps to
minimize the displacement of persons (families, individuals, businesses, nonprofit
organizations, and farms) as a result of this project and the Services rendered in pursuit
thereof.
b. A displaced person must be provided relocation assistance at the
levels described in, and in accordance with, 49 CFR Part 24, which contains the
government -wide regulations implementing the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
18, Further Assurances.
a. This Agreement, when executed and delivered, shall constitute the
legal, valid, and binding obligations of RECIPIENT enforceable against RECIPIENT in
accordance with its respective terms, except as such enforceability may be limited by
(a) bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, or other
similar laws of general applicability affecting the enforcement of creditors' rights
generally and (b) the application of general principles of equity without the joiner of any
other party.
b. RECIPIENT represents and warrants as of the date hereof that
RECIPIENT has obtained and, to the best of RECIPIENT's knowledge, is in compliance
with all federal, state, and local governmental reviews, consents, authorizations,
approvals, and licenses presently required by law to be obtained by RECIPIENT for the
Services as of the date hereof.
C. In the performance of this Agreement, RECIPIENT shall promptly
and faithfully comply with, conform to and obey the ACT and all amendments thereto,
and shall maintain all facilities hereunder in compliance with building, health and safety
codes.
d. RECIPIENT shall be solely responsible and liable for any recapture
or repayment obligation imposed by HUD due to any act or omission of RECIPIENT in
pursuit hereof.
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e. RECIPIENT acknowledges that RECIPIENT, not the CITY, is
responsible for determining 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 the California 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 to this Agreement or to the Parties' respective rights or
obligations hereunder including, but not limited to, competitive bidding, prevailing wage
subcontractor listing, or similar or different matters. RECIPIENT further acknowledges
that the CITY shall not be liable or responsible at law or in equity for any failure by
RECIPIENT to comply with any such laws, regardless of whether the CITY knew or
should have known of the need for such compliance, or whether the CITY failed to notify
RECIPIENT of the need for such compliance.
f. RECIPIENT agrees to comply with the CITY's Fair Employment
Practices and shall not employ discriminatory practices in the provision of the Services,
employment of personnel, or in any other respect on the basis of race, color, creed,
religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status,
status as a veteran with disabilities or veteran of the Vietnam era, medical condition, or
physical or mental disability. During the performance of this Agreement, RECIPIENT
agrees as follows:
g. RECIPIENT will comply with all laws and regulations, as applicable.
No person in the United States shall, on the grounds of 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 be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
h. RECIPIENT will not discriminate against any employee or applicant
for employment because of race, color, creed, religion, sex, sexual preference, national
origin, ancestry, ethnicity, age, marital status, and status as a disabled veteran or
veteran of the Vietnam era, medical condition, or physical or mental disability.
RECIPIENT shall take affirmative action to ensure that applicants are employed, and the
employees are treated during 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 following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. RECIPIENT agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provision
of this nondiscrimination clause.
i. RECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf of RECIPIENT, state that all qualified applicants will receive
consideration for employment without regard to 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.
ESG Agreement 2021 — 6/24/2021
14
UUUUJIIJ.II F-MMUPU IU. UDUO I'+4r-O I44-•+004-tAUJU-CH000CU4I,y I
j. RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT's commitment under this Section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
ARTICLE 3 GENERAL PROVISIONS
19. Amendment. This Agreement shall not be modified except by written
amendment approved by the CITY Council and signed by the parties. Where it is
determined by the Administrator that there is a need to make any change in the
Program, services to be performed, fiscal procedures and system, or the terms and
conditions of this Agreement (including, without limitation, any changes necessary to
comply with changes in federal, state, or local laws or regulations), refusal by
RECIPIENT to accept the change is grounds for termination of this Agreement.
Notwithstanding the foregoing, approval of the CITY Council is not required for (i)
insubstantial adjustments in line items within the total approved budget, not affecting
the total approved budget amount, approved by the Administrator in his/her sole
discretion;(ii) insubstantial changes in the nature or scope of services specified in this
Agreement approved by the Administrator in his/her sole discretion; (iii) changes to the
insurance requirements specified in Exhibit D approved by CITY's Risk Manager in his
or her sole discretion, and (iv) an extension to the term of the Agreement, not to exceed
six months, in Administrator's sole discretion.
20. Public Information. RECIPIENT shall disclose all of its funding sources to
CITY which, thereafter, will be public information.
21. Copyrights/Patents.
a. If this Agreement results in a book or other copyrightable material,
the author may seek any available copyright protection for the work unless a work for
hire. CITY reserves a royalty -free, nonexclusive, irrevocable and assignable license to
reproduce, publish, or otherwise use, and to authorize others to use, all copyrighted
material and all material which can be copyrighted.
b. Any discovery or invention arising out of or developed in the course
of work aided by this Agreement, shall promptly and fully be reported to CITY for
determination by CITY as to whether patent protection on such invention or discovery,
including rights thereto under any patent issued thereon (reserved henceforth onto
CITY), shall be imposed and administered, in order to protect the public interest.
22. Political Activity Prohibited. None of the funds, materials, property or
services provided directly or indirectly under this Agreement shall be used for any
political activity, or to further the election or defeat of any ballot measure or candidate
for public office.
23. Lobbying Prohibited. None 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 legislative body.
24. Third Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
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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.
25. Nondiscrimination. To the extent required by controlling federal, state and
local law, RECIPIENT shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled
veteran or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, RECIPIENT agrees as follows:
a. RECIPIENT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era be excluded from participation in, be denied the benefits of, or be subject
to discrimination under any program or activity made possible by or resulting from this
Agreement.
b. RECIPIENT will not discriminate against any employee or applicant
for employment because of race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
RECIPIENT shall ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
Such requirement shall apply to RECIPIENT'S employment practices including, but not
be limited to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. RECIPIENT agrees
to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the provision of this nondiscrimination clause.
C. RECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf of RECIPIENT in pursuit hereof, state that all qualified applicants
will receive consideration for employment without regard to race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of
the Vietnam era.
d. RECIPIENT will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers' representatives of
RECIPIENT'S commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
26. 1 ndependent Contractor.
a. In the furnishing of the services provided for herein, RECIPIENT is
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L/UI,Uol II CIIVCIUPU IL/. UDL/O!'FLr-O IGL-4JOL-FIVJU-CML/OOCVLli5 I
acting as an independent contractor. Neither RECIPIENT, nor any of its officers, agents
or employees shall be deemed 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 RECIPIENT shall perform its work and functions.
However, CITY shall retain the right to administer this Agreement so as to verify that
RECIPIENT is performing its obligations in accordance with the terms and conditions
thereof.
b. This Agreement does not evidence a partnership or joint venture
between RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY absent
CITY'S express written consent. Except to the extent otherwise provided in this
Agreement, RECIPIENT shall bear its own costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, RECIPIENT
and its officers, agents and employees shall have absolutely no right to employment
rights and benefits available to CITY employees. RECIPIENT shall be solely liable and
responsible for providing to, or on behalf of, its employees all legally required employee
benefits. In addition, RECIPIENT shall be solely responsible and save CITY harmless
from all matters relating to payment of RECIPIENT'S employees, including, without
limitation, compliance with Social Security withholding, and all other regulations
governing such matters. It is acknowledged that during the term of this Agreement,
RECIPIENT may be providing services to others unrelated to CITY or to this Agreement.
27. Notices. Any notice required or intended to be given to either party under
the terms of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage prepaid,
return receipt requested, addressed to the party to which notice is to be given at the
party's address set forth on the signature page of this Agreement or at such other
address as the parties may from time to time designate by written notice. Notices served
by United States mail in the manner above described shall be deemed sufficiently served
or given at the time of the mailing thereof.
28. Binding. Once this Agreement is signed by all parties, it shall be binding
upon, and shall inure to the benefit of, all Parties, and each Parties' respective heirs,
successors, assigns, transferees, agents, servants, employees and representatives.
29. Assignment.
a. This Agreement is personal to RECIPIENT and there shall be no
assignment by RECIPIENT of its rights or obligations under this Agreement without the
prior written approval of the Administrator. Any attempted assignment by RECIPIENT,
its successors or assigns, shall be null and void unless approved in writing by the
Administrator.
b. RECIPIENT hereby agrees not to assign the payment of any
monies due RECIPIENT from CITY under the terms of this Agreement to any other
individual(s), corporation(s) or entity(ies). CITY retains the right to pay any and all
monies due RECIPIENT directly to RECIPIENT.
30. Compliance with Law. In providing the services required under this
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Agreement, RECIPIENT shall at all times comply with all applicable laws of the United
States, the State of California and CITY, and with all applicable regulations promulgated
by federal, state, regional or local administrative and regulatory agencies, now in force
and as they may be enacted, issued, or amended during the life of this Agreement.
31. Waiver. The waiver by either Party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of
this Agreement may be waived unless in writing and signed by all Parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of
any other provision herein.
32. Governinq Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or interpretation
of this Agreement and any rights and duties hereunder shall be Fresno County,
California.
33. Headings. The Section headings in this Agreement are for convenience
and reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
34, SeverabilitV. The provisions of this Agreement are severable. The invalidity
or unenforceability of any one provision in this Agreement shall not affect the other
provisions.
35. Interpretation. The Parties acknowledge that this Agreement in its final
form is the result of the combined efforts of the parties and that, should any provision of
this Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against any Party, but rather by
construing the terms in accordance with their generally accepted meaning.
36. A_ttorney's Fees. If either Party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from the
other Party its reasonable attorney's fees and legal expenses.
37. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
38. Precedence of Documents. The order of precedence of documents shall
be: (1) Rules and Regulations of Federal Agencies relating to the source of funds for
this project; (2) Permits from other agencies as may be required by law; (3)
Supplemental Agreements or this Agreement the one dated later having precedence
over another dated earlier; (4) ESG Policies and Procedures (5) General Conditions.
Whenever any conflict appears in any portion of the Contract, it shall be resolved
by application of the order of precedence.
In the event of any conflict between the body of this Agreement and any Exhibit
or Attachment hereto, the terms and conditions of the body of this Agreement shall
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control and take precedence over the terms and conditions expressed within the Exhibit
or Attachment. Furthermore, any terms or conditions contained within any Exhibit or
Attachment hereto which purport to modify the allocation of risk between the Parties,
provided for within the body of this Agreement, are null and void.
39. Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall, wherever possible, be cumulative with all other remedies at law or in
equity.
40. Extent of Agreement. Each party acknowledges that they have read and
fully understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof
and supersedes all prior negotiations, representations or agreements, either written or
oral.
[SIGNATURE APPEAR ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
Docu5igned by:
By. 12/16/2022
L
Georgeanne A. White,
City Manager
APPROVED AS TO FORM:
RINA M. GONZALES
Interim City Attorney
D"u5lgned by:
B'
PaYVAA.tAaA, 12/16/2022
racy 'arvanian Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
DocuSigned by:
qbl,W'
By' 12/19/2022
fi�
Deputy
Addresses:
CITY:
City of Fresno
Attention: Karen Jenks
Administrative Manager
2600 Fresno Street, CH3N 3065
Fresno, CA 93721
Phone: 559- 621-8403
HOUSING AUTHORITY OF THE CITY
OF FRESNO
A Public Body Corporate and Politic
By: T ,,&- kc-d ems, c k, 7,trUt a m,a.
Name: Tyrone R. Williams
Title: Chief Executive Officer
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By.
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
RECIPIENT:
Housing Authority City of Fresno
Attn: Tyrone Roderick Williams
Chief Executive Officer
1331 Fulton Street
Fresno, CA 93721
Phone: 559-443-8475
Attachments:
1. Exhibit A — Scope of Services
2. Exhibit B — Budget Summary
3. Exhibit C — ESG Quarterly Report
4. Exhibit D — Insurance Requirements
5. Exhibit E — Conflict of Interest Disclosure Form
ESG Agreement 2021 — 6/24/2021
20
LJVVUJIIJ.II MWtClUJ IU. VDUO/'4Gr-O IU
EXHIBIT A
SCOPE OF SERVICES
Agreement Between City of Fresno and
HOUSING AUTHORITY OF THE CITY OF FRESNO
Emergency Solutions Grant
HMIS
The Housing Authority of the City of Fresno will provide Homeless Management
Information System (HMIS) services for the purposes of gathering and analyzing
community data from various programs including The City of Fresno's HUD funded
programs for the Emergency Solutions Grant (ESG) program. This system will be
used to assess the effectiveness of the homeless response system and inform
decision making on housing and services needs for individuals and families
experiencing homelessness. The Homeless Management Information System is a
mandated component of ESG. Through this agreement between the City of Fresno
and the Housing Authority of the City of Fresno, PY 2021 ESG funding will contribute
to the cost of components such as but not limited to: software, licenses and staff
time for HMIS reporting, Data Entry training, Data Collection Training, Coordinated
Entry Housing Navigators, Community Coordinator, Community Matcher and ESG
recipients.
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EXHIBIT B
BUDGET SUMMARY
Agreement "Between" City of Fresno and
HOUSING AUTHORITY OF THE CITY OF FRESNO
Emergency Solutions Grant
HMIS
Sal 4ries/wages(Spe6fy each pas rion;add add! tiOn3A rows as needed;
.1 FTE HMIS Coodlnator
60,133 04
31,099 36
91.232 42
,7 FTE HMIS Analyst
45.716 22
22,646 44
68,362.66
.10 FTE Assistant Director,
Spedal Pr ams
12,924 86
4,30006
17,224.92
TOTAL PERSONNEL
84 DGET
S 118,774 12
S 59,045.88
$
$
$
$
$
$
S 176,820.00
Other Direct Costs (Inc#ude only costs that are direct; indirect costs are covered underthe IndirectCoss Rate)
Suppan, Maintenance,
92.200-00 or. ;au a
semity of HM5 em
!HUD Approved HMIS/CoC
Trntnln
10,000.00
10,000.00
Centeral Office Cost-IT/15,
�UtiOtes, Communication
7,000.00
7,000.00
Administrative Cost
9,770.00
9,770.00
Direct Servicesto
sabre Tents
21,231.00
61,443.00
61,443.00
TOTAL OTHER DIRECT
COSTS
$ 21,231.00
S 130,413.00
$
$
$
$
$ 130,413.00
INDIRELTCOM-f5elect 1 Indirect rate Only)
.Approved Indirect Cost
Rate
De minimus 10 %Rate
TOTAL INDIRECTCOST
BUDGET
$
S
<
<
$
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22
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EXHIBIT C
ESG Quarterly Report
Project5ponsorName:
HOUSING AUTHORITY OF
Project Sponsor lD(DUNS#) 138255791
THE CITY OFFRESNO
Federal Award
Identification Number (ESG
E-21-MC-06-0001
Federal Award Date:
Grant #):
Federal Funds Obligated by
$ 21,231.00
Federal Funds Obligated to
$ 21,231.00
This Agreement:
Project Sponsor:
Total Amount of the Federal
Name of Federal Awarding
Department of Housing and
Award for this Activity
$ 21,231.00
Agency
Urban Development (HUD)
Name of Pass -Through
Award Official Contact
Erika Lopez
Entity:
City of Fresno, CA
Person:
erika.lopez@fresno.gov
CDFA Name:
Emergency Solutions Grant
Award Official Address:
2600 Fresno St., CHN 3065,
Program,14.231
Fresno CA 93721
Not to Exceed 10.0•� di
Maximum Indirect Cost Rate
minimus indirect rate or
Identification of R & D:
None
for the Federal Award
indirect rate approved by
cognizant agency
Date of Contract Execution
08/ 01/ 21
Accomplishment Year (HUD
2021
(mm/dd/xx)
Program Year)
Period of Performance Start
09/01/21
Period of Performance End
08/30/22
Date (mm/dd/xx)
Date (mm/dd/xx)
Action Plan Year / IDIS
2021/
Activity
ESG
Project ID Number
—
Through this agreement between the City of Fresno and the Housing Authority of the City of Fresno, PY 2021 ESG
funding will contribute to the match needed to pay for those components such as but not limited to: software,
Ilcenses and staff time for HMIS reporting, Data Entrytraining, Data Collection Training, Coordinated Entry Housing
Navigators, Community Coordinator, Community Matcher and ESG recipients.
ESG Funds Expended Percent of ESG Award
4 Expended
Funds Expended
ct Cost (PYTD)
t prepared by: Date
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EXHIBIT D
Agreement between City of Fresno And
HOUSING AUTHORITY OF THE CITY OF FRESNO
Emergency Solutions Grant
HMIS
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO)
Commercial General Liability Coverage Form CG 00 01, providing
liability coverage arising out of your business operations. The
Commercial General Liability policy shall be written on an occurrence
form and shall provide coverage for "bodily injury," "property damage"
and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non -owned equipment),
products and completed operations, and contractual liability (including,
without limitation, indemnity obligations under the Agreement) with
limits of liability not less than those set forth under "Minimum Limits of
Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA
00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence
form and shall provide coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1- Any Auto). If personal
automobile coverage is used, the CITY, its officers, officials,
employees, agents and volunteers are to be listed as additional
insureds.
3. Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
4. Professional Liability that insures against liability arising out of the
bodily injury, personal injury, and third -party property damage
occurring because of the wrongful or negligent acts attributable to the
institution.
MINIMUM LIMITS OF INSURANCE
RECIPIENT, or any party the RECIPIENT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to
CITY, its officers, officials, employees, agents and volunteers as additional insureds,
shall be the greater of the minimum limits specified herein or the full limit of any
insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
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L/UUUoly[I CI I VCIUpt: IL/. UDUO!'+Lr-O II
(i) $1,000,000 per occurrence for bodily injury and property
damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations;
and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State
of California with statutory limits.
4. EMPLOYER'S LIABILITY:
(1) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. Professional Liability :
(1) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event RECIPIENT purchases an Umbrella or Excess insurance policy(ies) to
meet the "Minimum Limits of Insurance," this insurance policy(ies) shall "follow form"
and afford no less coverage than the primary insurance policy(ies). In addition, such
Umbrella or Excess insurance policy(ies) shall also apply on a primary and non-
contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
RECIPIENT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and RECIPIENT shall also be responsible for
payment of any self -insured retentions. Any deductibles or self -insured retentions
must be declared to on the Certificate of Insurance, and approved by, the CITY'S
Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or
his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects CITY, its officers, officials,
employees, agents and volunteers; or
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25
UUVUJIIJ.II CI IVCIUPC IU. VIVO I'4Lr-O IGL-'#JAL-/1VJV-CMUOOCULl�.71 V
(ii) RECIPIENT shall provide a financial guarantee, satisfactory to
CITY'S Risk Manager or his/her designee, guaranteeing
payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be
responsible for the payment of any deductibles or self -insured
retentions.
OTHER INSURANCE PROVISIONSIENDORSEMENTS
The General Liability and Automobile Liabilitz insurancepolicies are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. RECIPIENT shall establish additional
insured status for the City and for all ongoing and completed operations
by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents
and volunteers. Any available insurance proceeds in excess of the
specified minimum limits and coverage shall be available to the
Additional Insured.
3. For any claims relating to this Agreement, RECIPIENT'S insurance
coverage shall be primary insurance with respect to the CITY, its
officers, officials, employees, agents and volunteers. Any insurance or
self-insurance maintained by the CITY, its officers, officials,
employees, agents and volunteers shall be excess of RECIPIENT'S
insurance and shall not contribute with it. RECIPIENT shall establish
primary and non-contributory status by using ISO Form
CG 20 01 04 13 or by an executed manuscript insurance company
endorsement that provides primary and non-contributory status as
broad as that contained in ISO Form CG 20 01 04 13.
4. Should any of these policies provide that the defense costs are paid
within the Limits of Liability, thereby reducing the available limits by
defense costs, then the requirement for the Limits of Liability of these
polices will be twice the above stated limits.
The Workers' Compensation insurance polic is to contain, or be endorsed to
contain, the following provision: RECIPIENT and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability insurance policy is written on a claims -made form:
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26
L./VUU,31y[1 CI IVCIUPV IU. VDUOI NGr-O 10
1. The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by RECIPIENT.
2. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement
work or termination of the Agreement, whichever occurs first, or, in the
alternative, the policy shall be endorsed to provide not less than a five
(5) year discovery period.
3. If coverage is canceled or non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective
date of the Agreement or the commencement of work by RECIPIENT,
RECIPIENT must purchase "extended reporting" coverage for a
minimum of five (5) years completion of the Agreement work or
termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non -renewed, reduced in coverage or in limits
except after thirty (30) calendar days written notice by certified mail, return receipt
requested, has been given to CITY. RECIPIENT is also responsible for providing
written notice to the CITY under the same terms and conditions. Upon issuance by
the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in
coverage or in limits, RECIPIENT shall furnish CITY with a new certificate and
applicable endorsements for such policy(ies). In the event any policy is due to expire
during the work to be performed for CITY, RECIPIENT shall provide a new certificate,
and applicable endorsements, evidencing renewal of such policy not less than fifteen
(15) calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the
Limits of Liability, thereby reducing the available limits by any defense costs, then
the requirement for the Limits of Liability of these polices will be twice the above
stated limits.
The fact that insurance is obtained by RECIPIENT shall not be deemed to release or
diminish the liability of RECIPIENT, including, without limitation, liability under the
indemnity provisions of this Agreement. The policy limits do not act as a limitation
upon the amount of indemnification to be provided by RECIPIENT. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability
nor limit the liability of RECIPIENT, its principals, officers, agents, employees,
persons under the supervision of RECIPIENT, vendors, suppliers, invitees,
consultants, sub -consultants, subcontractors, or anyone employed directly or
indirectly by any of them.
VERIFICATION OF COVERAGE
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27
UUUUJIIJ.II CIIVCIUpU IU. UDUOl 4Lr-O II
RECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the CITY'S Risk Manager or
his/her designee prior to CITY'S execution of the Agreement and before work
commences. All non -ISO endorsements amending policy coverage shall be
executed by a licensed and authorized agent or broker. Upon request of CITY,
RECIPIENT shall immediately furnish City with a complete copy of any insurance
policy required under this Agreement, including all endorsements, with said copy
certified by the underwriter to be a true and correct copy of the original policy. This
requirement shall survive expiration or termination of this Agreement.
SUBCONTRACTORS - If RECIPIENT subcontracts any or all of the services to be
performed under this Agreement, RECIPIENT shall require, at the discretion of the
CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection.
Any required Side Agreement(s) and associated insurance documents for the
subcontractor must be reviewed and preapproved by CITY Risk Manager or
designee. If no Side Agreement is required, RECIPIENT will be solely responsible
for ensuring that it's subcontractors maintain insurance coverage at levels no less
than those required by applicable law and is customary in the relevant industry.
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28
UUI:UJII9II CIIVCIUPU IL/. VDUO!'FLr-O II
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emergency Solutions Giant
HMIS
City C=
No Conflict of Jntere.st Certification — HUD CDBG, HOME, E9G and HOF'LVA VTogan�s
Conflict of Interest Regulations may be
Housing Authority City of Fresno found at: 24 CFR 92.356, 24 CFR
Name of Subrecilpient or Appfcant 570.611, 24 CFR S74.625, 24 CFR
576.404, 2 CFR 112 and 2 CFR 31B (C)(1)1
Subredpient or Applicant admowledges and understands that, under HUD conflict of interest rules under 24 CFR
92356, 24 CFR 570-611, 24 CFR 574.625, 24 CFR 576.404, 2 CFR 112 and 2 CFR 318 (CH1)], an employee, agent,
consultant, officer, or elected or appointed official of the subrecipient, applicant or City of Fresno who exercises or has
exercised any functions or responsibilities with respect to activities assisted with CDBG, HOME, ESG or HOPWA funds
or who is in a position to participate in a decision making process or gain inside information with regard to these
activities (each "Covered Perron"), may not obtain a financial interest or benefit from a CDBG, HOME, ESG or
HOPWA-assisted activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the
proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure
or for one yearthereafter_
(SELECT ONLY THE OERTInCATiON THAT APPLIES TO THIS AGREEMENT OR AGREEMENT OR APPLICATION, DO NOT SIGN BOTK)
l Subrecip lent or Applicant hereby certifies that no "oovered person` in its agency or corporation is currently a
Covered Person and has not been a Covered Person for a pelod of at least one (1) calendar year prior to the date of
this agreement or application.
Tyrone Roderick Williams
Name
TYA,o-n,e, Rod.2s,i,ck. 72Ei n m a 11 /14/2022
Signature date
OR
[� Subrecipient or Applicant hereby certifies that subrecip eot%appl'ucantorganization includes Covered Personas
defined above, or because subrecipiem/applicant has a family or business relationship with a Covered Person.
Name Signature Date
Please provide a separate certification for each "covered person" and select the type of covered person -
El Employee 0 Agent E3 Consultant ® officer E3 Elected Official ❑Appointed Official
The Covered Person is--
0 Subrecgrient/Applicant "covered person"
0 Family member name: Ipio print dearly)
0 Business associate -name: Ipk— print deafly)
A Covered Person does not automatically disqualify an entity from participating in a HUD assisted program_ If a
covered person is identified, the Senior Management Analyst or Project Manager will assist you with the additional
steps that must he taken before the organization's agreement or application can befunded.
A person may become a "covered person" at anytime during the implementation process and this will indu le
beneficiaries receiving assistance provided through this agreement or application who are or have a relationship with
a covered person of the applicant or of City of Fresno_ A new certification is required each time a covered person is
identified.
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