HomeMy WebLinkAboutPoverello House Agreement Emergency Solutions Grant 9-1-23 DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the 1st day of September, 2023, by and
between the CITY OF FRESNO, a California municipal corporation (CITY), and
Poverello House, a California 501(c)(3) not-for-profit Corporation (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 January 27, 2023, 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.
The RECIPIENT shall submit a quarterly ESG report to the City utilizing the
attached Quarterly Report template. The RECIPIENT shall select clients
through the Coordinated Entry System.
• The RECIPIENT must have a signed "Letter of Commitment" for matching
funds and a ledger at the time of the execution of the contract and be able
to demonstrate that they have access to matching funds for eligible activities
prior to contract execution.
The RECIPIENT shall provide client evaluations to determine eligibility of
other applicable programs and permanent housing solutions.
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. 2023-134 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:
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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
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
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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
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 2023-2024 Consolidated NOFA for the CITY of Fresno
Emergency Solutions Grant dated January 27, 2023 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
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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, 2023 and shall end August 31, 2024, 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 Two Hundred One Thousand Three Hundred Sixty-Two
Dollars ($201,362.00) for satisfactory performance of the services rendered therefore
and as set forth in Exhibit A 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 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,
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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
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 10 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. Pro ressive Expenditure and Request for Payment Deadlines. In order to
expend the HUD ESG funding in a timely manner, the SUBRECIPIENT shall expend
25% of the Grant Award by December 31, 2023; 50% of the Grant Award by March 31,
2024; 75% of the Grant Award by June 30, 2024; and 100% of the Grant Award by
August 31, 2024. SUBRECIPIENT shall make Progressive Reimbursement Request
Deadlines of eligible HOPWA expenditures within 30 days of the respective Progressive
Expenditure Deadlines. SUBRECIPIENT shall make reimbursement requests no later
than 30 days after Progressive Expenditure Deadlines as follows: a request for
reimbursement of an amount not less than 25% of the Grant Award's allowed cost must
be made by January 31, 2024; a request for reimbursement of an amount not less than
50% of the Grant Award's allowed cost must be made by April 30, 2024; a request for
reimbursement of an amount not less than 75% 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
100% of the Grant Award's allowed cost must be made by September 30, 2024. Failure
to meet the expenditure deadlines as outlined in Exhibit D 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 deadline.
6. Matching Funds Requirements of RECIPIENT. RECIPIENT agrees to
match all ESG funding disbursed to it by CITY on a dollar-for-dollar basis. Donated
funds, material and labor may be used as matching funds. Time contributed by
volunteers shall be calculated pursuant to 42 CFR section 576.01 (e)(2) and any
subsequent amendments. RECIPIENT shall determine the value of donated material or
building space using a method based on fair market value. Other federal funds may be
used as matching funds unless expressly prohibited by law or contract. Unless otherwise
provided by applicable law or contract, matching funds shall be applied in furtherance of
the Scope of Work hereunder. Matching funds must be applied in furtherance of the
services hereunder to gualify.
7. Lass 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
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in Section 10 below. RECIPIENT shall notify CITY in writing within seven 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.
8. Disposition of Program 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.
9. 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.
e. Refusal of RECIPIENT to accept change under Section 17
f. RECIPIENT fails to maintain any required insurance.
g. There is a loss of third-party funding (see Section 7 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 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 14 days.
i. RECIPIENT's failure, inability or admission in writing of its inability
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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.
10. 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 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
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) seven 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.
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
Ili. 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.
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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.
11. 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) incurred by CITY, RECIPIENT
or any other person, and from any and all claims, demands and actions in law or equity
(including reasonable attorney's fees, litigation expenses and cost to enforce this
agreement), arising or alleged to have arisen directly or indirectly out of performance of
this Agreement. RECIPIENT'S obligations under the preceding sentence shall apply
regardless of whether CITY or any of its officers, officials, employees, agents or
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused solely by the gross negligence, or caused by the
willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers.
If RECIPIENT should subcontract all or any portion of the work 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 termination or expiration of this Agreement.
12. 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 E 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
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
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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.
13. 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 13 shall survive termination or expiration of this Agreement.
14. Records Reports and Ins ection.
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
submit to the CITY any applicable auditor's reports and audited financial statements no
later than three 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 EXIBIT 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: Poverello House
• RECIPIENT ID (UEI #): VD7WB8T67MK7
Federal Award Identification Number(ESG Grant#) E-23-MC-06-001
Federal Award Date: August 1, 2023
Period of Performance: September 1, 2023- August 31, 2024
Federal Funds Obligated by this Agreement: 201,362.00
■ Total Federal Funds Obligated to RECIPIENT: 201,362.00
Total Amount of the Federal Award: 601,082.00
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Federal Award project description: HOPE Team
Name of Federal awarding agency: Dept. of Housing Urban
Development
Name of pass-through entity: CITY of Fresno, California
Award Official Contact Information: Name and Address
• CFDA Number: 14.231
CFDA Name: Emergency Solutions Grant
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. Annually, RECIPIENT shall submit a report on clients served
and activities assisted with ESG funds by uploading HMIS data within 10 days of
receipt of the HUD Sage hyperlink into the Sage HMIS Reporting Repository.
iii. RECIPIENT shall maintain all records required by the
Federal regulations specified in 24 CFR 576.500
iv. RECIPIENT shall retain such records for a period of five
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
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.
V. 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 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 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
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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.
d. The RECIPIENT is required to collect and report client-level data in
accordance with HUD Office of Special Needs Assistance Programs (SNAPS) HMIS
Data Standards, to the local HMIS operated by the Housing Authorities of the CITY and
County of Fresno through a Memorandum of Understanding with the FMCoC or
comparable databases are required for use by providers of services for victims of
domestic violence, as described in the Violence Against Women Act(VAWA). Reporting
into the HMIS database or allowed comparable database is a requirement of ESG
funding. RECIPIENT reporting must be consistent in format and data element structure
with the Fresno Housing Authority HMIS Program Policies and Procedures Manual and
the HUD HMIS Data Standards and Data Dictionary current at the execution of this
Agreement. The comparable database will be maintained by the RECIPIENT and used
to collect data and report on outputs and outcomes as required by HUD.
e. If RECIPIENT is a legal services or domestic violence victim
services RECIPIENT, requiring client-level information to remain confidential, they will
be required to establish a comparable client-level database internal to its organization
(e.g. no identifying data shared with the HMIS or the CITY and will provide only
aggregate data to the CITY as required). RECIPIENT will work with the HMIS System
Administrator to determine that the alternative database meets the standards for
comparable client-level databases, including compliance with the HMIS Data Standards
which are acceptable to HUD and the CITY.
f. All data elements specified above in 14(e) 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.
g. The RECIPIENT is required to provide housing unit and client data
to the CITY of Fresno, or designee, to include 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 14 shall survive expiration or termination of this Agreement.
15. 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.
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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
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.
16. 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 F. 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
17. 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 982.401(j). 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
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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
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,
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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
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://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200
18. 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).
19. 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.
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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.
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.
ARTICLE 3 GENERAL PROVISIONS
20. 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 E 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.
21. Public Information. RECIPIENT shall disclose all of its funding sources to
CITY which, thereafter, will be public information.
22. 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
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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.
23. 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.
24. 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.
25. Third Party Beneficiaries. The rights, interests, duties and obligations
defined within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. It is not intended that any rights or interests in this
Agreement benefit or flow to the interest of any third parties.
26. 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
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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.
27. Independent Contractor.
a. In the furnishing of the services provided for herein, RECIPIENT is
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.
28. 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
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by United States mail in the manner above described shall be deemed sufficiently served
or given at the time of the mailing thereof.
29. 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.
30. 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.
31. Compliance with Law. In providing the services required under this
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.
32. 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.
33. Governing Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction.
Venue for purposes of the filing of any action regarding the enforcement or interpretation
of this Agreement and any rights and duties hereunder shall be Fresno County,
California.
34. 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.
35. Severability. The provisions of this Agreement are severable.The invalidity
or unenforceability of any one provision in this Agreement shall not affect the other
provisions.
36. 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
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construing the terms in accordance with their generally accepted meaning.
37. Attorney's Fees. If either Party is required to commence any proceeding
or legal action to enforce or interpret any term, covenant or condition of this Agreement,
the prevailing party in such proceeding or action shall be entitled to recover from the
other Party its reasonable attorney's fees and legal expenses.
38. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
39. 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
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.
40. 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.
41. 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, Poverello House,
A California municipal corporation 501 ipr Profit Corporation
By:Z�Ilq By: �AYVaI.IA, 9/20/zOz3
Ge r eanne A. White, zachary Darrah
Name:
City anager
Title: CEO
APPROVED AS TO FORM: (If corporation or LLC., Board Chair,
ANDREW JANZ Pres. or Vice Pres.)
City Attorney
❑ocuSignod by: By.
By a
{`� N Pall'uaaniaLt 9/20/2023 Name:
Tracy . Parvanian Date
Supervising Deputy City Attorney Title
(If corporation or LLC., CFO,
ATTEST: Treasurer, Secretary or Assistant
TODD STERMER, CMC Secretary)
City Clerk
REVIEWED BY:
By: q-22-zoz3
Deputy
Addresses:
CITY: RECIPIENT:
City of Fresno Poverello House
Attention: Karen Jenks Attention: Zach D. Darrah
Housing & Neighborhood Revitalization CEO Poverello House
Manager 412 F. Street
2600 Fresno Street, Room 3065 Fresno, CA 93607
Fresno, CA 93721 Phone: (559) 498-6988
Phone: (559) [#] FAX: [area code and #]
FAX: (559) [#]
Attachments:
1. Exhibit A— Scope of Services
2. Exhibit B — Budget Summary
3. Exhibit C— ESG Quarterly Report
4. Exhibit D — Spending Plan
5. Exhibit E— Insurance Requirements
6. Exhibit F— Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Agreement "Between" City of Fresno and
Poverello House
_Emergency Solutions Grant
HOPE Team
Poverello House (PH) will provide outreach to people experiencing homelessness
who are not engaged in navigation services and/or in emergency shelter within the
City of Fresno (COF). The purpose of the program is to link people experiencing
homelessness to navigation services and shelter. The Homeless Outreach
Progressive Engagement (HOPE) Team will provide outreach services in the COF
daily. The HOPE Team will have up to eight outreach workers. The HOPE Team will
focus on the City of Fresno. Four HOPE Team members will be funded through
ESG. Poverello House will provide four additional workers as part of the cash match.
The additional four workers will collaborate with existing outreach teams, which
include the HERO Team and Poverello House's outreach team targeting homeless
encampments in the City of Fresno. The HOPE Team will also work with the Fresno
Police Department to provide outreach services. The HOPE Team proposes to
provide street outreach services to 800 unduplicated homeless individuals within the
City of Fresno.
The HOPE Team duties will include the following:
1) Outreach to people experiencing homelessness throughout the City of Fresno,
2) linking them to navigation services,
3) linking to shelters, temporary housing or family,
4) connecting them to supportive services, and
5) providing homeless verifications for programs such as Multi-Agency Access
Program (MAP Point) and other housing programs.
The HOPE Team will be responsible for engaging clients "where they are at," which
includes building rapport, addressing any immediate needs, and linking them to
housing navigation services. At the initial contact, the HOPE Team member will
utilize the community's coordinated entry system to determine if diversion tactics are
appropriate. After the initial screening and diversion practices are exhausted, the
client will be connected to housing navigation services. They will also be assessed
for any emergency service needs such as medical, mental health, and shelter
services. The HOPE Team will provide transportation and bus tokens for clients to
get to essential appointments. The HOPE Team will focus on individuals who are
not currently being assisted with navigation services. The goal of the HOPE Team
is to provide outreach to 600 unduplicated clients. The HOPE Team will also target
people who are experiencing homelessness who are highly vulnerable. The highly
vulnerable population includes people over 65 and victims of human trafficking.
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EXHIBIT B
BUDGET SUMMARY
Agreement "Between" City of Fresno and
Poverello House
Emeraency Solutions Grant
HOPE Team
CITY OF FRESNO
OPERATING BUDGET SUMMARY(non-capital projects)
Other Funds for Project
other Federal State Funds Local Govrn't Pfie Do—F,rd, MherF.rds
Funds Funds (specify)
Salaries/1Nage5{Specify eachposition;add additional tows asneededl --,------------
Street Outreach 37,440 00 7,488 00 44,928 00 44,928 00
Coordinator
Street Outreach Worker 35.360-00 ),072-(10 42,432-00 42.432-00
itreet Outreach Worker 35,360 00 U;2.00 42,432.00 42.432.00
;Street Outreadi Worker 36,400 00 36.400.00 6,03200 42,432-00
Street Outreadi Worker 39,936 00 39,936.00
Street Outreach Worker 39,936 001 39,936.00
Street
Outreach Worker 39.936.001 39,936.00
'Street Outreach Worker 39.936.00 39,936.00
j4,200
•salf[s=xr r�r�xr Chief Programs Officer 00 980 00 5,080 005,080.00
Client Services Manager820.0 11 964 00 11.784.00 11.784-00
Chief Financial Officer 4,900.00 4.800.00
jester position title)
tenter position title)
TOTAL PERSONNEL $ 158,58000 $ 24,47600 $ 183,056.00 $ $ $ 170,57600 $ $ 353,632.00
BUDGET
Occupancy,Supplies,and OtherOpelating
Office Rent
Utilities - 2.400.00 2,400.00
Telecommunications ''' 2.400.00 2,400.00
Office Supplies 1 i 987.00 987-00
Project Supplies(Specify) 2,693.00 2,693.00
Printing ..—� ..fir• `._- '.'
'travel 4,0000014.000-00
Trrinlnt ES
Internet �-
PviTd$o
IOther(HMIS) .• --- --- --T- -f
TOTAL OCCUPANCY,
SUPPL IEfi ANO OTHER $ ? $ $ S 12,480 00 $ $ 12,480.00
OA ERAIING BUDGE I'
INOIrECT COSTS(Selecc 1lndirect-t,'ir••y,----. _
Approved Cost Allocation
Plan Rair
Oe min im us:0%Raln - _ is,306.00 18.306.00 36,612.00
TOTAi,IN DIRECTCOST 19,306 00 $ $ $ 18,306 00 5 $ 36,612.00
BUDGET
Program E.oenic aodset _T
Gram Assistance to ! _
Benefickvles
'Loans to Beneficiaries
Other ISpedfY) ^_ _
6TOTALGRAM EXPENSE $ 5 $ $ 5
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
EXHIBIT C
ESG QUARTERLY REPORT
Project Sponsor Name: Poverello House Project Sponsor ID(DUNS#) 127482537
Federal Award
Identification Number(ESG E-23-MC-06-0001 Federal Award Date: 8/1/2023
Grant#):
Federal Funds Obligated by $ 201,362.00 Federal Funds Obligated to $ 201,362.00
This Agreement: Project Sponsor:
Total Amount of the Federal $ 201,362.00 Name of Federal Awarding Department of Housing and
Award for this Activity Agency Urban Development(HUD)
Name of Pass-Through City of Fresno,CA Award Official Contact Erika Lopez
Entity: Person: erika.lopez@fresno.gov
Emergency Solutions Grant 2600 Fresno St.,CHN 3065,
CDFA Name: Program,14.231 Award Official Address: Fresno CA 93721
Not to Exceed 10.0'0a 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 09/01/23 Accomplishment Year(HUD 2023
(mm/dd/xx) Program Year)
Period of Performance Start 09/01/23 Period of Performance End 08/31/24
Date(mm/dd/xx) Date(mm/dd/xx)
Action Plan Year/IDIS
2023 Activity ESG-Street Outreach
Project ID Number
Description,Project •. 00
Poverello House will provide outreach in the City of Fresno to people experiencing homelessness who are not
engaged in navigation services and/or in emergency shelter. The goal ofthe HOPE Team is to provide outreach
to 800 unduplicated clients.
Activity Accomplishment Narrative:(Maximum 00
Total ESG Funds Expended Percent of ESG Award
(PYTD) Expended
Report prepared by: Date report prepared:
For City Used Only: • • Date of review:
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
Project Span"r: Paverello House Activity(s): 56
Date of Contract Execution Accomplishment Year(HUD 2023
(mm/ddJxYxx) 09/01/23 Program Year)
Period of Performance Start Period of Performance End
Date I mmlddlxrxn) 0910i123 Dal im mlddlxx xx] 08/3112
Accomplishment Narrative:(Maximum rr
Number of Persons Engaged
Numberof Persons Contacted Once _
Number of Persons 2.5 Contacts 0
(Number of Persons 6-9 Contacts 0
(Number of Persons 10+contacts
Total Persons EngageNumber of Persons Served
ptal Number of Persons Served
Wumber ofAdultsf e18orOver
Number of Children(Under Age 18)
iNumber of Persons with Unknown Age
Total Persons Served
Yes,Floe Ing Domestic Vlole rice
Not 0 eein 0 Domestic VFpienco 0
Lhronicell HOmelCSS Vet! 0 0 _
Non-Chronically Homeless 0 0
Veteran
Total Veterans Served
N um her of Stayove rs from Prlo r Rep on Pe rind
NumberofLeavers
Number of Adult Leavers _ 0
Wumber of Adult and He ad of Household Leavers __ 0
Total Numberof Leavers
Number of5ftyers
Number of Adult Sta ers
Total Number of Stayers
0 to 7 days 0
13 to 14 days 0
IS to 21 days 0
:12 to 30 days 0
__ _
31 to 60 days 0
151 to 90 days 0
91 to 180 d s 0 0
181 to 365 days
366 to 730 days(1-2 Yrs) 0 0
731 to 1,095 days(2-3 Yrs) _ 0 0
.1,096 to 1,460 days(3-4 Yrs) 0 0
1.461 to 1,825 days 4-5 Yrs) 0 0
!Vlore than 1.825 daysS>5 Yrs) _ 0
Data Not Collected 0
Other Characterisito of Persons Sewed
N umber of Chmnically game less Pe Mans
N um berof Youth Under Agil5
(Number of Parenting Youth U nder Age 25 with Children
Number of Adult He ads of House hold
Numberof Child and Urdmown•A&e Heads of Household
Total ESG Expended(PM) 5
Street Outreach
(Expenditures 5 Rapid Rehousing Expend. N/A
EmC n Shelter Expend. N/A Homeless Prevention Exoenj N/A
Report Prepared by: 0 Date Prepared
r
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
Project Sponsor: Poverello House Activity: HMIS
Date of Contract Execution Accomplishment Year(HUD
2023
(mm/dd/xxxxf 09/01/23 Program Year)
Period of Performance Start Period of Performance End
Date(mm/dd/xxxx) 09/01/23 Date(mm/dd/xx)cx) 08/31/24
Accomplishment Narrative:(Maximum ••
0
Reportingber of HMIS Entries Made During the Num
.. n
Total ESG Funded Expended
by Subrecipient/Contractor
(PYTD) $
Total Funds Expended for
HMlS(PYTe $
Report prepared by: 0 0
For City Used Only: • Date of review:
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
EXHIBIT D
SPENDING PLAN
Expected Invoice Submission by EapeQed lnvorre Submission by Expected Invoice Submission by �d1Immake 581himitakm Fix
gIM/PCIM'IOr MOMh EfI� . MM/0q/3'I1wMludh MMf ""fw MaMJ+ Meeting2MDeadliee
3&Sep
-2023 31-Ott-2023 30.Nav-2023
$ 16,780 1] 5 16,700 17 $ 16-760.17 76�51
36,7J10.17 S 16.7>b-11 S >ti.7✓p•v
Cumulative Expenditure $ 16,780.17 $ 33-W.33 $ 50,34050
vmulativr M upended 6% r7%
Expected invoice Submission by Expected Invoice Submission by 1xpecledlnvoice Submfssion by Sum nt braake SY6mMbM lot
MMA)D/YY for Mon lh Ending: MM/DD/YY for PA Endin: MM/DD/YY for Month Ending, Meetiug50%Deadline
31-0ec-2023 31-Ian-2024 28-Feb2024 _
$ 16.7J10.17 S 16.?97-17 $ 14.7s0-I] S4'341
f 16,7ZID.17 16 7g0.D $ 16,7 M17
Cumulative Expenditure S 67,120-67 $ 93,90083 $ 3W,fi0100
O rr%IWAy%EXperltlEd. 333% 01% S�Qlfr
Expected Invoice Submission by ExpeGedlnv n by E oice Submission Invoice Submission by Sum aflnaaitP SuM—M.-
M.—for
MM/0 D/YY for Month Endl n; MM/DO/YY for Month Endin: MM/00/YY for Month Ending: Meeting7S%Deadlfue
31-Mar-2014 30-Apr-2024 31-May-2024
S 16,79QA7 S 16,780-171 16,780 17 50,341
16,]W.17 f 16,711DAY-g —-_ 16,7 17
Cumulative Expenditure $ 117,461-17 $ 134,243.33 $ M021-W
Cumulative%Expendmi 56-M 663% 751K
Expected Invmce Submission by Expected Invplre 8 'EsnSron by Expected Invoice Submission by
M D YY For Month Endin MM/00/Y1'for Month Endm: MM(m i.fw Ma4ih SumdbnW W%Meadline,
30-lurt2024 31-Jul-2024 31-Aug-ID24 M� Me
$ 16,]80.17 $ 16.7g0.17 S _ 16,780.17 50,341
!I 1rh�aov $
Cuttuli We Expenditure $ 167,801-67 $ 1A4,50187 $ 2M-30-00
Cunugtive%lxpepded 633% rJ1.F% lOD.D%
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
EXHIBIT E
INSURANCE REQUIREMENTS
Agreement "Between" City of Fresno And
Poverello House
Emergency Solutions Grant
HOPE Team
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).
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 RECIPIENT.
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:
(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.
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
3, WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY:
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
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.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance 'Policies are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to be
covered as additional insureds. RECIPIENT shall establish additional insured
status for the City and for all operations by use of ISO Form CG 20 26 or by
an executed manuscript insurance company endorsement providing
additional insured status as broad as that contained in ISO Form CG 20 26 04
13.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents, and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, 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.
The Workers' Compensation insurance 2g&Z is to contain, or be endorsed to contain, the
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
following provision: RECIPIENT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents, and volunteers.
If the Professional Liabg6ty policyis written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of
the Agreement or the commencement of work by 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, consultant, sub-consultant, subcontractors, or anyone
employed directly or indirectly by any of them.
SUBCONTRACTORS
If RECIPIENT subcontracts any or all of the services to be performed under this Agreement,
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.
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
VERIFICATION OF COVERAGE
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.
ESG Agreement 2023—4/27/2023
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DocuSign Envelope ID:CA885B9D-9153-4216-B9C6-86A74BD56696
EXHIBIT F
DISCLOSURE OF CONFLICT OF INTEREST
Emergency Solutions Grant
HOPE Team
C.ty i Housing and Community Development DMsion
DevelopmentPlanning and Department
No Conflict of Interest Certification—HUD CDBG,HOMF,ESG and H0PWA PrograIns
CatfFaR of I[Itarest Regulaciorrs may be
Poverello House toundar_ 24CFR92-356,24CFR
Name of Subrecipient or Appficam 570.611,24 CFR 574.625,24 CFR
576_404.2 CFR 112 and 2 CFR 319 11C)(111
Subreopient or Applicant acknowledges and understands that,under Hilt)conflict of interest rules under 24 CFR
92-356,24 CFR 570,611, 24 CFR 574-625, 24 CFR 576-404,2 CFR 112 and 2 CFR 328(CHM,an employee,agent,
comultartt,officer,or elected or appointed offiaal of the subreopoerit,applicant or City of Fresno who exercises a has
exercised any functions or responsibilities with respect to actiirties assisted with C08G,HOME,ESG or HOPWA funds
or who is en a position to parikipate in a decision making process or gain inside infarmation with regard to these
activities (each "Covered Person"), rnay not obtain a Fenandal interest air benefit from a CDBG, HOME, ESG or
HOPWA-assisted activity,or have an interest m any contract,Subcannact or agreement with rat thereto,or the
prrxeeds thereunder,either far themselves or those with whom they have family a business ties,during their tenure
or for one y earthefeafter.
(SELECT ONLY THE MTFICATi'ON THAT APPLIES TO TteS AGREEMENT OR AGREEMENT OR A13114"TtON.DO NOT SWN ROTTI.)
®Subretipient or Appf icant hereby terrifies that no'covered person"in its agency or corporation is currently a
Covered Person and has not been a Covered Person for a period or at least one(1)calendar year prior to the date of
this agreement or application. OocuSignt, Y.
Zachary Darrah -�� ctytra 9/20/2023
Name r�attire Date
oR
0 Subrecipient or Applicant hereby certifes that subr€dpient/appFitart organization includes a Covered Person as
defined above•or bemuse subfeti-pierst,(applicant has a family or business relationsWp with a C vwed Person.
Name Signature Date
Please provide a separate reification fcr each"covered person"and select The type at covered pernaL
O Employee 0 Agent ❑Consultant 0 Officer CI E6erted Official 7Appointed Official
The Cove red Person is--
0 Subrecipient/Applicant"covered person"
0 Famity member-xiame:
0 Business associate-name
:
A Covered Person does not automatically disqualify an entity from participating in a RUD assisted program. If a
covered Person is identified,the Senior Management Analyst or Frope[t Manager wilt assist you with the additional
steps that must be taken before the arVoimion's agreement or application can be funded
A person may become a"covered person'at any time during the im pie menration process acid this will inducle
beneficiaries recemng assWmrhre provided through this agreement a application who 3TL-or have a relauctishkp with
a covered person of the applicant or of City of Fresno.A new certification vs required each Iime a CYhve[ed perscm is
idemifiied
ESG Agreement 2023—4/27/2023
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