HomeMy WebLinkAboutFresno Arts Council Administrative Services Agreement For The Expanded Access To Arts & Culture Grant Program 8-10-23 DocuSign Envelope ID:D559B6BB-4029-49E1-9FAC-949ABDBD54F3
ADMINISTRATIVE SERVICES AGREEMENT FOR THE EXPANDED ACCESS TO
ARTS AND CULTURE GRANT PROGRAM
THIS AGREEMENT is made and entered into effect on August 10, 2023, by and between
the City of Fresno, a California municipal corporation (City), and Fresno Arts Council, a
non-profit corporation (Service Provider)to provide grant management and administration
of the Measure P Expanded Access to Arts and Culture Grant Program.
RECITALS
WHEREAS, The Fresno Arts Council entered into a Memorandum of
Understanding with the City of Fresno on December 20, 1989, wherein the Fresno Arts
Council's role in partnering, seeking funding, conducting research, preparing plans,
holding public meetings and advising on matters relating to cultural arts policy, planning
and budgeting issues are outlined; and
WHEREAS, in 2018 a majority of Fresno voters approved Measure P—the Fresno
Clean and Safe Neighborhood Parks Transaction and Use Tax (Measure P), which was
thereafter codified in Chapter 7, Article 15 of the Fresno Municipal Code (FMC); and
WHEREAS, Measure P imposes a retail and transaction tax for the purpose of
providing clean and safe parks; new parks and recreation facilities; youth and senior
recreation and after-school facilities and job training; improved walking and biking trails;
the San Joaquin River Parkway; beautification of streets; and expanded access to arts
and culture; and
WHEREAS, FMC Section 7-1506(b)(4)(A) requires that 12% of the funds made
available pursuant to Measure P be made available on an annual basis to invest in
competitive grants for nonprofit organizations that support and expand access to arts and
cultural programming; and
WHEREAS, FMC Section 7-1508(a) states the authority to expend funds, issue
grants, or enter into contracts or memoranda of understanding relating to Measure P
revenues is delegated to the City of Fresno; and
WHEREAS, grants funded pursuant to FMC Section 7-1506(b)(4)(B) shall be
implemented by the Parks, Recreation and Arts Commission (PRAC) in partnership with
the Fresno Arts Council, or its successor local arts agency; and
WHEREAS, The Fresno City Council passed a resolution on May 25, 2023, which
directs the City of Fresno to contract with the Fresno Arts Council for administrative
services relating to implementing the provisions of FMC Section 7-1506(b)(4)(A), subject
to the provisions of Measure P and further Council direction in accordance therewith; and
WHEREAS, this Agreement will be administered for the City by its PARCS Director
(Administrator) or designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the
respective parties, it is mutually agreed as follows:
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1. Scope of Services. The Service Provider shall perform to the satisfaction
of City the services described in Exhibit A, including all work incidental to, or necessary
to perform, such services even though not specifically described in Exhibit A.
2. Term of Agreement and Time for Performance. This Agreement shall be
effective from the date first set forth above (Effective Date) and shall continue in full force
and effect for a five-year period concluding on August 10, 2028, subject to any earlier
termination in accordance with this Agreement. The services of the Service Provider as
described in Exhibit A are to commence upon a written notice to proceed provided to the
Service Provider and shall be completed in a sequence assuring expeditious completion,
but in any event, all such services shall be completed prior to expiration of this Agreement
and in accordance with any performance schedule set forth in Exhibit A.
3. Notice to Proceed.
(a) The Parks, Recreation and Arts Commission (PRAC) shall work in
partnership with the Service Provider and cultural stakeholders, to develop a Cultural Arts
Plan for the City of Fresno that would identify needs in the arts and cultural community;
prioritize outcomes and investments; and develop a vision and goals for the future of
Fresno arts and cultural programs that are reflective of the cultural, demographic, and
geographic diversity of Fresno. This process shall include a robust community
engagement process, including multiple public meetings.
(b) Following adoption of the Cultural Arts Plan by the Fresno City
Council, and the completion of the Risk Assessment by the Service Provider (Exhibit B)
the Fresno Arts Council shall receive a written notice to proceed from the City Manager
or designee. Upon receipt of the notice to proceed, the Fresno Arts Council may begin
work under this Agreement.
(c) The City Manager or designee shall, each fiscal year, provide a
written notice to proceed to the Service Provider which includes the total funding available
for Services and the total funding available for grants.
4. Measure P Compliance.
(a) The Scope of services outlined in this Agreement shall be
implemented in compliance with the Fresno Clean and Safe Neighborhood Parks
Transactions and Use Tax (Measure P) FMC Chapter 7, Article 15, attached herein as
Exhibit C. The Service Provider shall provide quarterly updates to the PRAC on the
status of the deliverables outlined in the scope of work (Exhibit A). Quarterly reports
shall be submitted on October 1 It, January 1 It, April 1 It, and July 1 St
(b) Pursuant to FMC Section 7-1510(b), no bonds or liens shall be
secured by any revenues or interest generated from Measure P funding.
5. Compensation for Administration
(a) The Service Provider's sole compensation for satisfactory
performance of all services required or rendered pursuant to this Agreement shall be an
annual total fee not to exceed 2% of funding accrued pursuant to Section 7-1506(b)(4)(A)
and authorized under Section 7-1508(e)(3) of Measure P.
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(b) Total fee shall be paid on the basis of the rates set forth in the
schedule of fees and expenses contained in Section II of Exhibit A. Such fee includes
all expenses incurred by the Service Provider in performance of the services.
(c) Funding received for the purposes of administering the Expanded
Access to Arts and Culture grant program shall be held by the Service Provider in a
separate account and the Service Provider must maintain a separate method of tracking
all Measure P funding provided for administration costs. Funding shall not be comingled
with revenue from other sources, including revenue made available for grants to non-
profits described in Section 5 of this Agreement.
(d) In fulfilling the obligations contained within this Agreement, the
Service Provider shall not self-award grant funding to the Service Provider for
administrative costs associated with administering the Expanded Access to Arts and
Culture Grant program pursuant to Section 7-1506(b)(4).
(e) The City of Fresno Finance Department shall notify the Service
Provider annually, in writing, of the total accruals available for program
implementation/administration authorized under Section 7-1508(e)(3). The Finance
Department shall remit funds to the Service Provider for program implementation annually
by October 1st of each calendar year (see Section II of Exhibit A- Service Provider Total
Compensation and Payment Terms).
(f) The parties may modify this Agreement to increase or decrease the
scope of services (see Section I of Exhibit A, intended to be all encompassing such that
Service Provider handles all aspects of any services and appurtenant requirements) or
provide for the retention of services not required by this Agreement, which modification
shall not receive additional compensation for such services. Should additional services
outside the scope of services be necessary, the Parties may modify this Agreement in
writing. Any additional compensation, therefore, shall be from sources other than
Measure P. Any change in the scope of services must be made by written amendment
to the Agreement signed by an authorized representative for each party. The Service
Provider shall not be entitled to any additional compensation if services are performed
prior to a signed written amendment.
6. Expanded Access to Arts and Culture Grant Program Funding.
(a) Pursuant to Section 7-1506(b)(4)(A) funding shall be provided to the
Service Provider for the purposes of the Expanded Access to Arts and Culture Grant
Program. Grant Program funding shall be held by the Service Provider in a separate
account and the Service Provider must maintain a separate method of tracking all
Measure P funding. Funding shall not be comingled with revenue from other sources, or
with funding allocated for program administration under Section 4 of this Agreement. Any
carryover funding shall be identified.
(b) All interest earned from this grant award shall be used by the Service
Provider for arts and culture grants pursuant to Section 7-1506(b)(4)(A).
(c) Annually the City of Fresno Finance Department shall notify the
Service Provider, in writing, of the total accruals available for competitive grants pursuant
to Section 7-1506(b)(4)(A). The Finance Department shall remit funds to the Service
Provider for competitive grants annually by October 1 st.
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7. Audit Requirements.
(a) The Service provider shall maintain financial records in accordance
with Generally Accepted Accounting Principles (GAAP) and will be subject to an annual
independent audit for financial reporting and program compliance. The annual
independent audit shall be funded and coordinated by the City of Fresno Department of
Finance and conducted by an external auditor. The Service provider shall provide all
requested financial records no later than September 30th for each preceding year.
(b) The City of Fresno is required to prepare and publish an Annual
Comprehensive Financial Report(ACFR)which includes an independent auditor's report.
The results of audit findings associated with the funds managed under this Administrative
Service Agreement by the Service Provider may have a material impact on the City of
Fresno's ACFR. If at any time the annual independent audit results in significant or
material findings, this Agreement shall be subject to reopening, renegotiation and/or
termination.
8. Termination Remedies and Force Mameure.
(a) This Agreement shall terminate without any liability of the City to the
Service Provider upon the earlier of: (i) The Service Provider's filing for protection under
the federal bankruptcy laws, or any bankruptcy petition or petition for receiver
commenced by a third party against the Service Provider; (ii)fourteen calendar days' prior
written notice with or without cause by the City to the Service Provider; (iii) the 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 Project; or (iv) expiration of this
Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
the Service Provider shall (i) immediately stop all work hereunder; (ii) immediately cause
any and all of its subcontractors to cease work; and (iii) return to the City any and all
unearned payments and all properties and materials in the possession of the Service
Provider that are owned by the City. Subject to the terms of this Agreement, the Service
Provider shall be paid compensation for services satisfactorily performed prior to the
effective date of termination. The Service Provider shall not be paid for any work or
services performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Service Provider to
satisfactorily perform in accordance with the terms of this Agreement, the City may
withhold an amount that would otherwise be payable as an offset to, but not in excess of,
the City's damages caused by such failure. In no event shall any payment by the City
pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement
which may then exist on the part of the Service Provider, nor shall such payment impair
or prejudice any remedy available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Service Provider, the 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 the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
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(e) The Service Provider shall provide the City with adequate written
assurances of future performance, upon Administrator's request, in the event the Service
Provider fails to comply with any terms or conditions of this Agreement.
(f) The Service Provider shall be liable for default unless
nonperformance is caused by an occurrence beyond the reasonable control of the
Service Provider and without its fault or negligence such as, acts of God or the public
enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers. The
Service Provider shall notify Administrator in writing as soon as it is reasonably possible
after the commencement of any excusable delay, setting forth the full particulars in
connection therewith, and shall remedy such occurrence with all reasonable dispatch,
and shall promptly give written notice to Administrator of the cessation of such
occurrence.
9. Confidential Information and Ownership of Documents
(a) Any reports, information, or other data prepared or assembled by the
Service Provider pursuant to this Agreement shall not be made available to any individual
or organization by the Service Provider without the prior written approval of the
Administrator. During the term of this Agreement, and thereafter, the Service Provider
shall not, without the prior written consent of the City, disclose to anyone any Confidential
Information. The term Confidential Information for the purposes of this Agreement shall
include all proprietary and confidential information of the City, including but not limited to
business plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other information disclosed
or submitted, orally, in writing, or by any other medium or media. All Confidential
Information shall be and remain confidential and proprietary in the City.
(b) Any and all writings and documents prepared or provided by the
Service Provider pursuant to this Agreement for the purposes of administering the
Expanded Access to Arts and Culture Grant Program are the property of the City at the
time of preparation and shall be turned over to the City upon expiration or termination of
the Agreement. The Service Provider shall not permit the reproduction or use thereof by
any other person except as otherwise expressly provided herein.
(c) If the Service Provider should subcontract all or any portion of the
services to be performed under this Agreement, the Service Provider shall cause each
subcontractor to also comply with the requirements of this Section 9.
(d) This Section 9 shall survive expiration or termination of this
Agreement.
10. Level of Skill. It is further mutually understood and agreed by and between
the parties hereto that inasmuch as the Service Provider represents to the City that the
Service Provider and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said industry necessary to perform the
services agreed to be done by it under this Agreement, the City relies upon the skill of the
Service Provider and its subcontractors, if any, to do and perform such services in a skillful
manner and the Service Provider agrees to thus perform the services and require the
same of any subcontractors. Therefore, any acceptance of such services by the City shall
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not operate as a release of the Service Provider or any subcontractors from said industry
and professional standards.
11. Indemnification. To the furthest extent allowed by law, the Service Provider
shall indemnify, hold harmless and defend the 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 the City,
the Service Provider 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. The Service Provider's obligations under the preceding
sentence shall apply regardless of whether the 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 the City or any of its officers, officials, employees,
agents or volunteers.
If the Service Provider should subcontract all or any portion of the work to be
performed under this Agreement, the Service Provider shall require each subcontractor
to indemnify, hold harmless and defend the 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, the Service Provider shall pay
for and maintain in full force and effect all insurance as required in Exhibit B, which is
incorporated into and part of this Agreement, with an insurance company(ies) either
(i) admitted by the California Insurance Commissioner to do business in the State of
California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as
may be authorized in writing by the City's Risk Manager or designee at any time and in
its sole discretion. The required policies of insurance as stated in Exhibit D shall maintain
limits of liability of not less than those amounts stated therein. However, the insurance
limits available to the City, its officers, officials, employees, agents, and volunteers as
additional insureds, shall be the greater of the minimum limits specified therein or the full
limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, the
Service Provider 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 the Service Provider shall be
withheld until notice is received by the 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 the City. Any failure to maintain the required insurance shall be sufficient
cause for the City to terminate this Agreement. No action taken by the City pursuant to
this section shall in any way relieve the Service Provider of its responsibilities under this
Agreement. The phrase "fail to maintain any required insurance" shall include, without
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limitation, notification received by the 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 the Service Provider shall not
be deemed to release or diminish the liability of the Service Provider, including, without
limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify
the 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 the Service Provider. Approval or purchase of any
insurance contracts or policies shall in no way relieve from liability nor limit the liability of
the Service Provider, its principals, officers, agents, employees, or persons under the
supervision of the Service Provider, vendors, suppliers, invitees, consultants, sub-
consultants, subcontractors, or anyone employed directly or indirectly by any of them.
13. Conflict of Interest and Non-Solicitation.
(a) Prior to the City's execution of this Agreement, the Service Provider
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, the Service Provider shall have the
obligation and duty to immediately notify the City in writing of any change to the
information provided by the Service Provider in such statement.
(b) As the Expanded Access to Arts and Culture Grant Program
administrator, the Service Provider shall not apply for grant funding.
(c) The Service Provider shall not serve as an administrative agent on
behalf of any grant applicant or any grantee awarded funding under the Expanded Access
to Arts and Culture Grant Program.
(d) The Service Provider shall comply with, and require its grant review
and scoring committee members or any subcontractor, to comply with, all applicable: (i)
professional canons and requirements governing avoidance of impermissible client
conflicts; and (ii)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 the City, the Service Provider shall provide a written opinion of its
legal counsel and that of any subcontractor that, after a due diligent inquiry, the Service
Provider and the respective subcontractor(s) are in full compliance with all laws and
regulations. The Service Provider 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, the Service Provider shall
immediately notify the City of these facts in writing.
(e) In performing the work or services to be provided hereunder, the
Service Provider shall not employ or retain the services of any person while such person
either is employed by the City or is a member of any the City council, commission, board,
committee, or similar City body. This requirement may be waived in writing by the City
Manager, if no actual or potential conflict is involved.
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(f) The Service Provider 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.
(g) The Service Provider and any of its subcontractors shall have no
interest, direct or indirect, in any other contract with a third party in connection with this
Project unless such interest is in accordance with all applicable law and fully disclosed to
and approved by the City Manager, in advance and in writing. Notwithstanding any
approval given by the City Manager under this provision, the Service Provider shall
remain responsible for complying with Section 9(a), above.
(h) If the Service Provider should subcontract all or any portion of the
work to be performed or services to be provided under this Agreement, the Service
Provider shall include the provisions of this Section 9 in each subcontract and require its
subcontractors to comply therewith.
(i) This Section 13 shall survive expiration or termination of this
Agreement.
14. Public Right of Way.
(a) The Service Provider shall not recommend for award any grant
applications within the City of Fresno right of way for award without prior written approval
to proceed from the City of Fresno. The Service Provider shall provide a list of grant
applications within the City of Fresno right of way that are recommended for award to the
PARCS Department. The PARCS Department shall coordinate with the City Manager to
facilitate preliminary review and written approval to proceed. The Service Provider shall
incorporate 10 business days in the grant review and award schedule to account for this
process.
(b) Any projects within the public right of way that are awarded grant funds
are subject to all City of Fresno permitting and approval processes. Service Provider shall
ensure costs associated with permitting and approval for projects within the public right
of way are eligible for reimbursement in grant agreements..
(c) Any art or cultural installation or capital improvement installed or
affixed to the City's right of way shall become property of the City of Fresno. This does
not apply to temporary installations or exhibits.
15. Recycling Program. In the event the Service Provider maintains an office
or operates a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, the Service Provider at its sole cost and expense
shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by the City's Solid Waste Management Division, for each office and
facility. Literature describing the City recycling programs is available from the City's Solid
Waste Management Division and by calling the City of Fresno Recycling Hotline at (559)
621-1111.
(b) Immediately contact the City's Solid Waste Management Division at
(559) 621-1452 and schedule a free waste audit and cooperate with such Division in their
conduct of the audit for each office and facility.
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(c) Cooperate with and demonstrate to the satisfaction of the City's Solid
Waste Management Division the establishment of the recycling program in paragraph
(i) above and the ongoing maintenance thereof.
16. General Terms.
(a) Except as otherwise provided by law, all notices expressly required
of the City within the body of this Agreement, and not otherwise specifically provided for,
shall be effective only if signed by the Administrator or designee.
(b) Records of the Service Provider's expenses pertaining to the Project
shall be kept on a generally recognized accounting basis and shall be available to the
City or its authorized representatives upon request during regular business hours
throughout the life of this Agreement and for a period of three (3) years from project
completion or, if longer, for any period required by law. In addition, all books, documents,
papers, and records of the Service Provider pertaining to the Project shall be available
for the purpose of making audits, examinations, excerpts, and transcriptions for the same
period of time. If any litigation, claim, negotiations, audit or other action is commenced
before the expiration of said time period, all records shall be retained and made available
to the City until such action is resolved, or until the end of said time period whichever shall
later occur. If the Service Provider should subcontract all or any portion of the services
to be performed under this Agreement, the Service Provider shall cause each
subcontractor to also comply with the requirements of this paragraph. This Section 16(b)
shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Service Provider
shall have provided evidence to the City that the Service Provider is licensed to perform
the services called for by this Agreement (or that no license is required). If the Service
Provider should subcontract all or any portion of the work or services to be performed
under this Agreement, the Service Provider shall require each subcontractor to provide
evidence to the City that subcontractor is licensed to perform the services called for by
this Agreement (or that no license is required) before beginning work.
17. Nondiscrimination. To the extent required by controlling federal, state and
local law, the Service Provider 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, the Service Provider agrees as follows:
(a) The Service Provider 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) The Service Provider 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
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orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The
Service Provider 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 the Service Provider'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. The
Service Provider agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provision of this nondiscrimination
clause.
(c) The Service Provider will, in all solicitations or advertisements for
employees placed by or on behalf of the Service Provider 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) The Service Provider 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 the
Service Provider's commitment under this section and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(e) If the Service Provider should subcontract all or any portion of the
services to be performed under this Agreement, the Service Provider shall cause each
subcontractor to also comply with the requirements of this Section 17.
18. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Service
Provider is acting solely as an independent contractor. Neither the Service Provider, nor
any of its officers, agents, or employees shall be deemed an officer, agent, employee,
joint venturer, partner, or associate of the City for any purpose. The City shall have no
right to control or supervise or direct the manner or method by which the Service Provider
shall perform its work and functions. However, the City shall retain the right to administer
this Agreement so as to verify that the Service Provider is performing its obligations in
accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between the Service Provider and the City. The Service Provider shall have no authority
to bind the City absent the City's express written consent. Except to the extent otherwise
provided in this Agreement, the Service Provider shall bear its own costs and expenses
in pursuit thereof.
(c) Because of its status as an independent contractor, the Service
Provider and its officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to the City employees. The Service Provider
shall be solely liable and responsible for all payroll and tax withholding and for providing
to, or on behalf of, its employees all employee benefits including, without limitation, health,
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welfare and retirement benefits. In addition, together with its other obligations under this
Agreement, The Service Provider shall be solely responsible, indemnify, defend and save
the City harmless from all matters relating to employment and tax withholding for and
payment of the Service Provider's employees, including, without limitation, (i) compliance
with Social Security and unemployment insurance withholding, payment of workers
compensation benefits, and all other laws and regulations governing matters of employee
withholding, taxes and payment; and (ii) any claim of right or interest in the City
employment benefits, entitlements, programs and/or funds offered employees of the City
whether arising by reason of any common law, de facto, leased, or co- employee rights
or other theory. It is acknowledged that during the term of this Agreement, the Service
Provider may be providing services to others unrelated to the City or to this Agreement.
19. 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.
20. Binding. Subject to Section 21, below, 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.
21. Assignment.
(a) This Agreement is personal to the Service Provider and there shall
be no assignment by the Service Provider of its rights or obligations under this Agreement
without the prior written approval of the City Manager or designee. Any attempted
assignment by the Service Provider, its successors or assigns, shall be null and void
unless approved in writing by the City Manager or designee.
(b) the Service Provider hereby agrees not to assign the payment of any
monies due the Service Provider from the City under the terms of this Agreement to any
other individual(s), corporation(s) or entity(ies). the City retains the right to pay any and
all monies due the Service Provider directly to the Service Provider.
22. Compliance With Law. In providing the services required under this
Agreement, the Service Provider shall at all times comply with all applicable laws of the
United States, the State of California and the 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 term of this
Agreement.
23. 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.
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Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
24. 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.
25. 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.
26. 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.
27. 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 either party, but rather by construing
the terms in accordance with their generally accepted meaning.
28. 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.
29. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
the reference, incorporated into and made a part of this Agreement.
30. Precedence of Documents. In the event of any conflict between the body
of this Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement 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, shall be null
and void.
31. Amendments. The City Manager or designee is authorized to modify the
Scope of Work (Exhibit A- Section 1), including modifications to the timelines, set forth
herein. Any changes shall be made only by means of a written amendment dually signed
by the City Manager and Service Provider.
32. 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.
33. No 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. Notwithstanding anything stated to the contrary in this
Agreement, it is not intended that any rights or interests in this Agreement benefit or flow
to the interest of any third parties.
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34. 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. This Agreement may be modified only by written instrument duly authorized and
executed by both the City and the Service Provider.
35. The City Manager or designee is hereby authorized and directed to execute
and implement this Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, FRESNO ARTS COUNCIL,
a California municipal corporation a nonprofit corporation
DocuSigned by: L
c.Sig."by:
By: r By: a. C'"atf's awt"j
(fE-NMARINE A. WHITE Li Z i a Gonzales Chavez
City Manager Name:
APPROVED AS TO FORM: Title: Executive Director
ANDREW JANZ (If corporation or LLC., Board Chair,
City Attorney
Slgnedby: By.By: y� 8/16/2023
y �.
Angela M. Karst Date Name: sal Lucatero
Senior Deputy City Attorney
Title: secretary
ATTEST: (If corporation or LLC., CFO, Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City Clerk
0o��Sig-d by: 8/24/2 02 3
By: 11K our
fiCj%j+ ^Jka E3 Date
P Y
Addresses:
CITY:
City of Fresno SERVICE PROVIDER:
Attention: Aaron A. Aguirre, Director FRESNO ARTS COUNCIL
1515 E. Divisadero Street Attention: Lilia Gonzales-Chavez,
Fresno, CA 93721 Executive Director
Phone: (559) 621-2900 1245 Van Ness Ave.
Fresno, CA 93721
Phone: (559) 237-9734
Attachments:
1. Exhibit A— Scope of Services & Compensation
2. Exhibit B — Risk Assessment
3. Exhibit C — Measure P Ordinance
4. Exhibit D — Insurance Requirements
5. Exhibit E — Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES & COMPENSATION
Administrative Service Agreement between the City of Fresno
and the Fresno Arts Council
SECTION I
Scope of Services
Deliverable #1: Grant Guideline Development for the Measure P Expanded Access
to Arts and Culture Grant Program.
1. The Service Provider, in partnership with the PRAC, will develop written Grant
Guidelines to make grant awards consistent with the priorities,
recommendations, and strategies identified in the City adopted Cultural Arts
Plan and the requirements outlined in the Fresno Municipal Code Article 15 —
Fresno Clean and Safe Neighborhood Parks Tax Ordinance (Measure P).
2. The Service Provider, in partnership with the PRAC, shall seek community
engagement and incorporate community feedback into grant guidelines.
3. The Service Provider, in partnership with the PRAC, shall develop a list of
acknowledgement requirements including, but not limited to, required use of
the Measure P logo, signage and funding statements(s) on all programs and
projects funded in whole or in part by Measure P.
4. Grant Guidelines shall include all information necessary to ensure a
transparent process, including, but not limited to:
(a) Scoring criteria and project selection process for grant proposals.
(b) Eligible scoring committee members.
(c) A written process for public disclosure of potential conflicts of
interest.
(d) Priority funding categories.
(e) Expenditure or project delivery deadlines, if applicable.
(f) Risk assessment— Optional (see Exhibit B)
5. Grant guidelines shall include a list of funding acknowledgement requirements
including, but not limited to, required use of the Measure P logo, signage and
funding statement(s) on all programs and projects funded in whole or in part by
Measure P.
6. Grant guidelines shall include reporting requirements and the methods to be
used to evaluate the extent to which grants expanded access to arts or culture
in the City of Fresno. At a minimum, data collected shall include information
needed to demonstrate compliance with Section 7-1506(b)(4)(D) such as:
(a) Attendance data:
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(i) Number of youth participants served. Youth shall be
defined as age seventeen (17) and younger.
(ii) Number of adult participants served. Adult shall be defined
as ages eighteen (18) through sixty-one (61).
(iii) Number of senior participants served. Senior shall be
defined as age sixty-two (62) and older.
(b) Participant zip code data to identify the number and percentage
of Fresnans served.
(c) race, ethnicity, household income and gender identity.
(d) For murals only: total square feet installed and location/address.
7. Grant Guidelines shall acknowledge site control requirements for public or
private facilities not owned by the grantee, including any permit or approval
requirements for projects or programs within the City of Fresno's right of way
per the terms outlined in Section 14 of this agreement.
8. Grant Guidelines shall list, describe and adhere to requirements for grant
funding outlined within Section 7-1506(b)(4)(D) and Section 7-1506(b)(4)(E).
9. Grant Guidelines shall be reviewed by PRAC in partnership with the Service
Provider, at a minimum, every five (5) years to ensure compliance with the
grant program.
10.By majority vote, PRAC may review and amend the Grant Guidelines no more
than once a year. Grant guidelines and any subsequent amendments must be
adopted by the Fresno City Council (FMC Section 7-1509(e)(3)) prior to
proceeding with Deliverable #3.
11.The City Council may amend the Grant Guidelines in accordance with Measure
P at any time.
Timeline: Development of Grant Guidelines will commence upon approval of this
agreement by the Fresno City Council.
Deliverable #2: Grant Guideline Approval
1. Prior to releasing the notice of funding opportunity to non-profits, the PRAC
along with the Service provider shall present draft guidelines before the PRAC.
In accordance with Section 7-1509(e)3, the PRAC shall review and make
recommendations for the City Council's adoption of competitive grant program
guidelines.
2. The Grant Guidelines prepared by the Service Provider and PRAC shall be
presented to the Fresno City Council by the PARCS Department, for
consideration and adoption. In accordance with Measure P, the Fresno City
Council reserves the right to revise grant guidelines at any time.
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Timeline:
Year one:
• September 25, 2023* - The first draft of the grant guidelines will be
presented to the PRAC.
■ October 5, 2023* - Final draft guidelines will be presented to the Fresno
City Council for consideration and adoption.
*timeline is subject to change based on PRAC and/or Council actions.
Deliverable #3: Release Notice of Funding Opportunity NOFO Announcements
and Grant Application(s) for Grant Solicitations
1. Grant solicitations shall be released according to the terms outlined in the
Measure P expenditure plan Section 7-1506(b)(4). At a minimum, grant
solicitations shall occur at least once per year.
2. The PRAC in partnership with the Service Provider shall use multiple
solicitations that allow for a diverse set of programs, with different program
sizes and reach, including core operating and project-support grants.
3. The Service Provider shall provide, at minimum, a 60-day public NOFO for all
grant solicitations.
4. The Service Provider, in partnership with the PRAC, shall ensure that grant
solicitations are provided in English, Hmong, Punjabi and Spanish and other
languages as requested.
5. The Service Provider, in partnership with the PRAC, shall ensure that grant
solicitations are provided in an accessible format, in accordance with the
Americans with Disabilities Act (ADA) requirements.
Timeline:
• NOFO shall be released within thirty calendar days of completion of
deliverable #2.
• NOFO shall, at a minimum, be posted for 60 calendar days.
Deliverable#4: Provide Technical Assistance to Grantees
1. The Service Provider shall provide technical assistance and support to all
applicants at no-cost to the applicant to ensure equitable access to available
funds.
Timeline:
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• Technical Assistance will be available for 60 calendar days from the release
date of any NOFO/grant application.
Deliverable #5: Collect, Review and Make Recommendations for Award of Grant
Funds
1. Grant applications shall be submitted to the Service Provider.
2. The Service Provider shall convene a scoring committee which includes the
PRAC Cultural Arts Subcommittee, to review, score and prepare
recommendations for grant awards to PRAC.
3. Pursuant to FMC Section 7-1506(b)(4)(B), PRAC shall ensure that the grant
applications are reviewed in a transparent, competitive process.
4. The Service Provider shall ensure that all grantees recommended for award
are verified nonprofit organizations with a 501(c)3 in good standing with state
and federal entities prior to entering into a grant agreement. The Service
Provider shall keep documents substantiating this verification on file for three
(3) years from project completion.
Timeline:
■ Grant application review will begin within 30 calendar days from the date
the NOFO/ grant application period closes.
• Grant application review will be completed within 60 to 90 calendar days
from the date the NOFO/grant application period closes.
Deliverable #6: Acceptance of Recommended Grant Awards
1. In partnership with the PRAC Cultural Arts Subcommittee, the Service Provider
shall present a list of recommended grantees, award amounts, project titles and
a brief summary of the project location, scope, schedule and anticipated impact
to PRAC for review and acceptance of the list of recommended grantees.
2. Following PRAC acceptance in deliverable 6.1, the Service Provider shall have
the delegative authority to make awards under the Expanded Access to Arts
and Culture Grant Program on behalf of the City.
3. The Service Provider shall maintain a list of all applicants including the amount
of grant funding requested by each applicant and the scope of work. The list
shall be furnished to the City upon request.
Timeline:
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■ Service Provider to present grant recommendations to PRAC within 120
calendar days of the date the NOFO/grant application period closes.
Deliverable #7: Grant Agreements
1. Service Provider to enter into grant agreements with all grantees that include a
detailed scope of work, budget, schedule for project or program completion,
expected project or program deliverables, and any information needed to
ensure transparency including, but not limited to, progress reporting
requirements and metrics to measure the community impacts of the grant as
outlined in Deliverable #1. Grant agreements shall also include a list of funding
acknowledgement requirements including, but not limited to, use of the
Measure P logo, signage and funding statement(s) on all programs and
projects funded in whole or in part by Measure P.
2. Fully executed copies of all grant agreements shall be retained by the Service
Provider for a minimum of three (3) years from grant completion, and available
to the City of Fresno upon request.
3. In pursuit to FMC Section 7-1506(b)(4)(A), Service Provider to collect all
documents required to ensure non-profits are in good standing, including tax
ID information, signature authority and other documentation required in the
grant guidelines provided.
4. The Service Provider shall submit any proposed grant project or program
occurring within the City of Fresno right of way to the City Manager for written
approval prior to executing a grant agreement with grantee. At least 10
business days must be allowed for review.
5. The Service Provider shall include any expenditure deadlines and/or carryover
provisions within the grant agreement.
Timeline:
• Grantee Agreements shall be fully executed within 30-calendar days from
completion of Deliverable #6 —Adoption by PRAC.
Deliverable #8: Project Delivery
1. The Service Provider shall manage grantee oversight and monitoring to ensure
Expanded Access to Arts and Culture grants are delivered according to the
scope of work, schedule, budget and expected deliverables stated in the grant
agreement and available to the City of Fresno upon request.
2. The Service Provider shall provide limited-scope technical assistance to all
grantees for the duration of each grant agreement.
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3. Any grant funding that remains unspent following the conclusion or cancelation
of grants awarded by the Service Provider shall be re-appropriated for the
Expanded Access to Arts and Culture Grant Program. Unspent grant funding
shall not be appropriated to Grant Program administration, which is limited to a
maximum of 2% of annual accruals under the Measure P Ordinance.
Timeline:
■ Ongoing, throughout term of agreement
Deliverable #9: Payment Processing and Fiscal Oversi ht
1. The Service Provider shall manage all grant payment processes and record
management according to Generally Accepted Accounting Principles (GAAP).
2. The Service Provider will ensure all awardees are compliant and are verified
501(c)(3) organizations in good standing with State and Federal Entities prior
to all grant funding disbursements.
3. Service Provider to maintain and make available to the City of Fresno upon
request fiscal documentation including general ledgers, invoices,
encumbrances, receipts, progress reporting and other records and population
requests as necessary for fiscal oversight.
4. Service Provider shall make available a general ledger listing of annual activity;
including, but not limited to transaction date, dollar amount, a brief description
of each expenditure, and vendor name.
Timeline:
• Annually by September 30th for the preceding fiscal year.
Deliverable #10: Reporting and Accountabilit
1 . Service Provider to provide a minimum of quarterly progress updates to PRAC on
the status Exhibit A deliverables #1 through #8 in accordance with section 4 of
the agreement.
Timeline:
Quarterly updates will be presented to the PRAC according to the following schedule:
• October Report— July through September
• January Report— October through December
• April Report— January through March
■ August report—April through June
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2 . Service Provider shall provide annual reporting to the City of Fresno PARCS
Department and PRAC which includes, at a minimum:
(a) A written report on the progress made toward achieving each of the
goals and priorities listed in the Cultural Arts Plan.
(b) A written report demonstrating that grants funded pursuant to
Section 7-1506 (4) (B) prioritized organizations and programs that
support and expand diverse public or youth engagement or equity,
consistent with Section 7-1506(4)(E) requirements.
(c) Data demonstrating that funding for operating support that was
distributed supported organizational stability for arts and cultural
organizations that reflect the cultural, geographic and demographic
diversity of the City of Fresno; and reflect the proportion of each
grantee's overall operations that serves residents within, or visitors
to, the City of Fresno Sphere of Influence. (Section 7-1506(4)(D)
Data shall include:
(a) Attendance data by grantee:
(i) Total number of youth participants served. Youth shall be
defined as age seventeen (17) and younger.
(ii) Total number of adult participants served. Adult shall be
defined as ages eighteen (18) through sixty-one (61).
(iii) Total number of senior participants served. Senior shall be
defined as age sixty-two (62) and older.
(b) Participant zip code data to identify the number and percentage
of Fresnans served.
(c) Summary of total Race, ethnicity, household income and
gender identity.
(d) Photos and/or videos highlighting grant funded projects, events,
programs, etc.
(e) For murals only: total square feet installed and
location/address.
(f) Other information, as requested by PRAC.
Timeline: Annually by September 30th for the preceding fiscal year.
Note: timelines listed within Exhibit A-Section I may be modified in accordance with
Section 31 of this agreement.
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SECTION II
Service Provider Total Compensation and Payment Terms
1 . In making the expenditures provided in Section 7-1506(4), the Service Provider
shall be permitted to use no more than two percent (2%) of the funds allocated
pursuant to Section 7-1506(4) and authorized under Section 7-1508(e)(3) on an
annual basis for administrative costs associated with the delivery of programs
and projects pursuant to each paragraph.
2 . City to compensate the Service Provider according to the following schedule:
rAgreement Measure P Compensation Payment Date
II Year Receipts
i
Total fee not to exceed 2% of funding October 1, 2023
June 1, 2021 received pursuant to Section 7- or within thirty
1 to 1506(b)(4)(A) and authorized under days of contract
Section 7-1508(e)(3) of Measure P execution if
June 30, 2023 during the agreement year 1 accrual executed after
period. October 1, 2023.
Total fee not to exceed 2% of funding October 1, 2024
July 1, 2023 received pursuant to Section 7-
2 to 1506(b)(4)(A) and authorized under
Section 7-1508(e)(3) of Measure P
June 30, 2024 during the agreement year 2 accrual
period.
Total fee not to exceed 2% of funding October 1, 2025
July 1, 2024 received pursuant to Section 7-
3 to 1506(b)(4)(A) and authorized under
Section 7-1508(e)(3) of Measure P
June 30, 2025 during the agreement year 3 accrual
period.
Total fee not to exceed 2% of funding October 1, 2026
July 1, 2025 received pursuant to Section 7-
4 to 1506(b)(4)(A) and authorized under
Section 7-1508(e)(3) of Measure P
June 30, 2026 during the agreement year 4 accrual
period.
Total fee not to exceed 2% of funding October 1, 2027
July 1, 2026 received pursuant to Section 7-
5 to 1506(b)(4)(A) and authorized under
Section 7-1508(e)(3) of Measure P
June 30, 2027 during the agreement year 5 accrual
period.
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EXHIBIT B — Risk Assessment
Completion of the risk assessment below is required prior to issuing the notice to proceed.
The Risk Assessment shall be completed and provided to the City of Fresno PARCS
Department. Information contained within the Risk Assessment is collected for program
and financial compliance purposes.
Service Provider Contact Information
Full Legal Organization/Business Name:
Address:
City, State, Zip:
Telephone number:
E-mail address:
Website:
How long has your organization been in business?
Number of employees:
EIN (Employee ID Number):
Organization fiscal year range:
Service Provider T _e of Organization select one
❑ Government ❑ Nonprofit corporation ❑ Other ❑ Individual
corporation
Service Provider Personnel Contact Information
Contact for Subaward
Name:
Title:
Telephone Number:
E-mail Address:
Attachments: Please attach the following or check N/A if not applicable.
Document Attached N/A
a. IRS Determination Letter (granting ❑ ❑
income tax exemption under IRC §
501(c)(3))
b. Form 990 or 990-EZ from the last ❑ ❑
two (2) years, including Form 990-
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T and all supporting schedules and
attachments
c. List of all awards to Service ❑ ❑
Provider from City of Fresno during
the last two (2) years
1. Has your agency operated with or managed grant funds (within the last 3
years)?
❑ Yes
❑ No
2. Has your agency's annual financial statements been audited by an
independent audit firm? If yes, provide a copy of the statement from the last
fiscal year.
❑ Yes
❑ No
3. If the answers to Questions 2 or 3 is yes, were there any findings or
questioned costs in the last two (2) fiscal years? If yes, please explain any
findings or questioned costs.
❑ Yes
❑ No
❑ Not Applicable
Explanation (if applicable):
4. Are all payments properly documented with evidence or receipt of goods or
performance of services?
❑ Yes
❑ No
5. Has your agency had any significant changes in key personnel within the
past 12 months? (e.g., Controller, Exec. Director, Program Manager,
Accounting Manager, etc.) If yes, please explain.
❑ Yes
❑ No
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Explanation (if applicable):
6. Does your agency have policies that address the following? If yes, please
provide a copy.
Ethics/Professional Conduct ❑ Yes ❑ No
Pay Rates and Benefits ❑ Yes ❑ No
Discrimination ❑ Yes ❑ No
Purchasing/Procurement ❑ Yes ❑ No
Property and Equipment ❑ Yes ❑ No
Segregation of Duties ❑ Yes ❑ No
Record Retention ❑ Yes ❑ No
7. Does your agency certify that they are not presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from
participation in this transaction by any Federal or State department or
agency?
❑ Yes
❑ No
By its authorized signatory below, your agency hereby certifies and attests to the
accuracy of the above responses and all corresponding information has been
transmitted to the City of Fresno PARCS Department.
Signature:
Printed Name:
Title:
Phone Number:
Date:
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EXHIBIT C — Measure P Ordinance
-MUNICIPAL CODE OF THE CITY OF FRESNO
CHAPTER 7-CITY FINANCES,REVENUE,AND TAXATION
ARTICLE 15 FRESNO CLEAN AND SAFE NEIGHBORHOOD PARKS TRANSACTIONS AND USE TAX
ARTICLE IS FRESNO CLEAN AND SAFE NEIGH90RHOOD PARKS TRANSACTIONS
ANO USE TAX
SEC 7-15D1.TITLE.
This ordinance shall be known as the Fresno Clean and Safe Neighborhood Parks Tax Ordinance.
1,Added Ord_2021-DD5,§1,eff.2-18-21).
SEC.7-15M.OPERATIVE DATE.
"Operative date"means the first day of the first calendar quarter comm,encing more than 110 days after the
adoption of this ordinance,the date of such adoption being certification by the City Clerk that this measure has
received approval try a majority of those voting in the election.The Operative date is expected to be July 1,2021.
(Added Ord_2021-005,§1,eff.2-18-21;Ain.Ord.2021-010,§2,eff.4-22-21j.
SEC 7-1503.PURPOSE.
This ordinance is adopted to achieve the following and directs that the provisions hereof be interpreted in
oroer to achieve those purposes:
(a) To adopt a retail transactions and use tax ordinance within the City in the amount of three-eighths of a
cent per dollar(a rate of 0.375%& as provided herein for the specific purpose of generating funds to be
deposited into the Clean and Safe Neighborhood Parks Account that may only be used for the purposes
specified herein including,but not limited to,clean and safe parks;new parks and recreation facilities;
youth and senior recreation and after-school facilities and job training;improved walking and biking
trails;the San Joaqu in River Parkway;beautification of streets;and expanded access to arts and
culture.
(b) To impose a retail transactions and use tax i n accordance with the provisions of Part 1-6(commencing
with section 7251)of Division 2 of the Revenue and Taxation Code and section 7285.91 of Part 1.7 of
Division 2 of the Revenue and Taxation Code which authorizes the City to adopt this tax ordinance
provided that a majority of the electors voting on the measure vote to approve the imposition of the
tax at an election called for that purpose.
(cl To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of
the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent
with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation
Code_
(d) To adopt a retail transactions and use tax ordinance that imposes a tax a ad provides a measure that
can be admi rUstered and collected by the California Department of Tax and Fee Administration in a
manner that adapts itself as fully as practicable to,and requires the least possible deviation Prom,the
existing statunory and administrative procedures followed by the California Department of Tax and Fee
Administration in administering and collecting the California State Sales and Use Taxes.
Fresno,Cairfarnia,Code ai Ord harce-s ..,-,e: 3021-27-19 rs M LG rEST
(S+Pp.Noy 37)
Page 1 of 14
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(e) To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be,
to the greatest degree possible,consistent with the provisions of Part 1.G of Division 2 or the Revenue
and Taxation Code,minimibe the cost of collecting the transactions and use ta,oes,and at the same
time,min imi2e the burden of record keeping upon persons subject to taxation under the provisions of
thir oedin2nca.
01, It is the intent of the voters in adopting this ordinance that the expenditu fes made pursuant to this
ordinance shall supplement the levels of spending made by the City of Fresno in Fiscal Year 2017-18 in
the areas funded by ibis ordinance and that the additional expenditures shalt not supplant the 2017-19
spending levels.
,a,Cced Ord-2021-005.§1,eff.2-18-21;Am.Ord.2021-010,§3,eff.4-22-21).
SEC-7-151114.IE<1iIPOSITION OF TAX,DEPOSIT fNTO SPECIAL ACCOUNT AND ANNUAL
ACCOUNTING.
The following provisions shall govern the imposition of the transactions and use tax and the deposit and use
of revenues generated by this ordinance.
(a) For the privilege of selling tangible persona I property at retail,a transactions tax is hereby imposed
upon all retailers in the City at the rate of three-eighths of a cent per dal lar of the gross receipts of any
retailer(a rate of 0-375%)from the sales of all tangible personal property sold at retail in the City on or
after the operative date of this ordinance for a period of 30 years beginning on a nd after the operative
date of this ordinance.
(bl A use tax is hereby imposed on the storage,use or other consumption in the City of tangible personal
property purchased from any retailer on or after the operative date of this ordinance for storage,use
or other consumption in said city at the rate of three-eighths of a cent per dollar of[he sale price of the
property la rate of 0-375%)for a period of 30 years beginning on a nd after the operative date of[his
ordinance-The sales price shall include delivery charges when such charges are subject to the State
sales or use tax regardless of the place to which delivery is mane.
(cl The City Controller shall establish a Clean and Safe Neighborhood Parks Account and a,ll retail
transactions and use tax proceeds generated by this ordinance shall be deposited by the City Controller
into the clean arc Safe Neighborhood Parks Account.Such proceeds shall only be used for the specific
purposes identified in Section 7-1506.
(dl For so long as any proceeds of the retail transactions and use tax remain unexpended,the City
Controller shall cause a report to be prepared by an Independnt auditor and filed with the City council
no later than December 31st of each year,stating-(i)the amount of retail trarraactions and use tax
proceeds collected and expended in the prior fiscal year;and Iii)the status of any projects Of
description of any programs or services funded from proceeds of the retail transactions and use tax.
�Added Ord-2C21-OD5,§1,eff.2-18-211.
SEC.74S 5.SEPARATE SECTION WITH TRUE AND IMPARTIAL STATEMENT OF FACTS
IOENTIFYING THE TAX AND SPEC]FCC LIMITATPONS ON HOW THE REVENUE CAN BE
SPENT.
This ordinance enacts a transactions and use tax in the City at the rate of three eighths of a cent per do liar to
be used only for the purposes in Section 7-1506 induding,but not limited to,clean and safe parks,new parks and
recreation facilities;youth and senior recreation and after-scr•.60I facilities and job training;improved walking and
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biking trails;the San Joaquin River Parkway;beautification of streets;and expanded access to arts and culture.The
Expenditure Plan In Section 7-1506 is intended as a specific and legally binding and enforceable limitation on how
the proceeds of the transactions and use tax imposed by this ordinance may be spent_The revenues collected as a
result:of this tax may not be used for any purpose not specifically identified in this ordinance.
Vkdded Ord-2021-WS,§1,eff.2-15-21k.
SEC.7-IS06.EXPENDITURE PLAN
The revenues generated by the retail transactions and use tax imposed by this ordinance shall be allocated
by the City of Fresno on an annual basis with additional independent oversight provided by the Commission to
ensure expenditures are consistent with this Section.
(al Funds shall be allocated for programs and projects that do one of the fallowing:
11) Provide clean,safe neighborhoods parks for all Fresno residents;
121 Reduce crime and homelessness in parr;
13) update and maintain park bathrooms and playgrounds;
14) Reduce graffiti a ad vandal ism in parks;
15) Maintain and improve after-school,youth,and senior recreational programs;
16) Provide job training for at-risk youth and veterans;
171 Beautify landscaping and remove weeds and litter along major roads and highways;
(s) Create parks in neighborhoods that don't have good park access,i m iuding soccer and sports
fields;
(9j trnprove walking and biking access to parks and trails,including the San Joaquin River Parkway;
and
(10) Expand access to focal arts and cultural programs.
Ibl The funds deposited in to the Clean and Safe Neighborhood Parks Account pursuant to Section 7-1504
shall be expended according to the following schedule:
(1) Improving and MalntBirring Safe,Clean Neighborhood Park!i and Playgrounds.
Ik) Foray-six percent(46%)percent of funds made available from,Section 7-1504 shall be
dedicated as described in this paragraph-
(6) Funds in this paragraph shall be made available for the improvement,restoration,
rehabilitation,operatiord,and maintenance of projects and programs including,but not
limited to,the fallowing:
i_ Park rehabilitation and other capital improvements in existing parks,including
lighting;
ii_ Facility upgrades mo improve efficiency and safety;
iii. Playgrounds and picnic areas;
iv. New restrooms and restroomn improvements;
v. Park access for individuals with disabilities;
vi. Improved maintenance and operations of existing parks;
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vii. A park rangier program to improve safety in and around parkfacilities;
will. Publicly owned sport facilities and swimming pools;
ix. City-owned arts,cultural,and recreational facilities located in parks,including
StorylandlPlayland and The Veterans Memorial Auditorium;
x_ other projects consistent with the Parks Master Plan,and subsequent updates;
xi. The planning,designing,engineering,and permitting activities associated with
the above improvements-
(CI Of the funds available pursuant To this paragraph,no less than fifty percent(51)%p shall be
made available for highest-need neighborhoods as defined in Section 7-1509.
(D� Except for projects funded pursuant to subparagra ph ICI,projects that leverage state,
federal,or philanthropic funding shall receive funding priority_
(El of the funds available pursuant to this paragraph.w less than live million dollars
1$5,(100,000)annually shall be designated for improving operations and maintenance of
existing parks and facilities-
(F) Projects funded pursuant to this paragraph shall attempt to provide multiple benefits,
including water conservation,air quality improvements,climate pollution reductions,
habitat protection,and public health improvements.
12) New Neighborhood Parks;5endor wid Youdt Recreation Fsci6tim.
(Aj Twenty-one point five(21._5%J of the funds made available from Section 7-1504 shall be
made available on an annual basis no improve the park system by investing in new park
development and recreational facilities consistent with the Plan.
fait Funds in-,ms paragraph shall be made available for acquisition.,devehoprnent,operations,
maintenance and improvement projects including,but not limited to,the following_
i- New neighborhood-parks,pocket parks,and commun ity gardens;
ii. Public restrooms in new parks;
iiL New senior and community centers associated with the park system;
iv. New regional parks:located in the City of Fresno;
W. Playgrounds and picnic areas in new parks;
wi. New public sport facilities and swimm:ingpools;
vii. The planning,designing,engineering,and permitting activities associated with
the above improvement.
(Cj Of the funds available pursuant to this paragraph, no less than fifty percent(50%1 shall be
made available for highest-need neighborhoods as defined in Section 7-1506.
(Dh Except for projects funded pursuant to subparagraph ICJ,projects that leverage state,
federal or private funding shall receive funding priority,
(E) Projects funded pursuant to this paragraph shall'attempt to provide multiple benefits,
including water conservation,air quality improvements,climate pollution reductions,
habitat protection,and community health improvements that result in reduced health
burdens.
Lrear.td: ]G]:1Z7-.9 15=;9:Li rLST;'
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13) Youth and Senior Recreation Programs,Allen School Programs;and Job Training for Youth arl
Veteform
(A) Eight poinrt five percent i8.5%1 of the funds mace available from Section 7-1504 shall,be
dedicated as described in this paragraph.
(8) Funds in this paragraph shall be available for the planning and delivery of projects and
programs including, but not limited to,the following=
i- Physical activity programming that promotes recreation and accesslbi lity to
recreational facilities;
ii_ Sports,arts and active programs;
iii. Community and seer recreation center programs;
iv. Swimming and water-oriented recreation programs;
V. Junior lifeguard,science and education,summer day camps,and other youth-
oriented programs;
vi. After-school:programs for youth;
vii. Job-training and employment opportunities for youth,young adults,and
veterans.
(CI Of the funds made available from this paragraph, not less than fifty percent(5D%I shall be
made available on an annual basis for programs that provide job training,career
development,or both,to youth,young adults and tellerans,including education and for
certification for jobs within the conservation,science,arts,green technology,and parks
and recreation fields-
(D) Programs Funded pursuant to this paragraph shall prioritize service for at-risk youth and
seniors as defined by the PARKS Department,in conjunction with the Commission.
14) Emended Access to Arts and Culture.
(A) Twelve percent(17%h percent of the funds made available from Section 7-1504 shall be
made available on an annual basis w invest in competitive grants for nonprofit
organisations that support and expand access to arts and cultural programming-
([[) Grants fur.,^.ed pursuant to this paragraph sha11 be implemented by the Commission in
partnership with the Fresno Arts Council,or its successor local arts agency,using multiple
solicitations that allow for a diverse set of programs,with different program sires and
reach,including core operating and propect-support grants,to be funded.The Commission
shall ensure that grant applications are reviewed in a transparent,competitive process.
(C) Prior to the implementation of subparagraph I BI,the Camrtt.ission shall work in partnership
with the Fresno.Arts Council,and[Deal'arts and cultural stakeholders,to develop a Cultural
Ants Plan for the City of Fresno that would identify needs in the arts and cultural
community;prioritize outcomes and investments;and develop a vision and goals for the
future of Fresno arts and cultural programs that are reflective of the cultural,demographic,
and geographic diversity of Fresno.This process shall include a robust community
engagement process, including mu ltiple public meetings.The Cultural Arts Plan shall be
updated every five years by the Commission.
(DI Funding for operating support distributed pursuantto this paragraph shall support
organizational stability for arts and cultural organisations that reflect the cultural,
geographic and demographic diversity of the City of Fresno,and reflect the proportion of
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(4vupp-Na 37)
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each grantee's overall operations that serves residents within,or visitors to,the City,of
Fresno sphere of influence.
(E1 Grants fw-Aed pursuant to subparagraph 16H shall prioritize organisations and programs
irvat support and expanat arverse public ar youth engagement and equity.
15) We Wanking and HikkC Trails;Street®eautificatdon and Litter lReminvat;and the Sara Jwgadn
Faver Parkway.
(Aj Eleven point twenty-five percent 1 U-25%a of the funds made available from Section 7-1504
shall be dedicated as described in this paragraph.
(B) Of the funds made available pursuant to this paragraph,forty-seven percent(47%6 shall be
made available for acquisition,development,improvement,restoration,operations,
maintenance,or rehabilitation projects including:
L Trail development,including bike,pedestrian and equestrian trials,as identified
in the Active Transportation Plan,including trails that support sale routes to
schools;
ii. urban greening and tree planting along designated trails in the Active
Transportation Plan;
iii. The planning,designing,engineering,and permitting activities associated with
the above improvements-
(Ch Of the funds made available pursuant to subparagraph(B),no more than twenty percent
120%)of the funds shall be made available for operations and maintenance of trails.
(D) Of the funds made available pursuant to subparagraph ft no less than twenty-five percent
125%'of the funds shall be prioritized for Class I and Class IV pedestrian and bicycle
pathways a long the'Priority Network' as identified i r-the Active Transportation Plan.
(E) Of the funds made available pursuant to this paragraph,eighteen percent(19%5 shall be
made available for operations and projects consistent with the San Joaquin River Parkway
Master Plan,in coordination with the San Joaquin River Conservancy and the San Joaquin
River Parkway Trust-
(F) Of the funds made available pursuant to this paragraph,thirty-Five percent(35%1 shall be
made available for development,improvement.restoration,mairvte:roance,or rehabilitation
of projects including,but not limited to,the following:
L Litter and debris removal along ma�,arr roads and streets within the City of
Fresno,and along highways within the City of Fresno and its county islands;
ii. Lanc- ape beautification and restoration projects along major roads and
streets within the City of Fresno,and along highways within the City of Fresno
and its county islands;
iii. The planning,designing,engineering,and permitting of activities associated
with the above improvements.
(Gj Of the funds made available pursuant to subparagraph(F),prioritization shall be given to
projects that
i_ Reduce overall water usage or include drought-tolerant plantings in
landscaping,
ii. Leverage local,state, federal and private funding-
_rered: ]9,21-t] 71]LS_c4:LS (L4T_
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(H) Where appropriate,projects funded pursuant to subparagraph(FH shall be coordinated
with Cattrans.
;.'teed Ord.2021-WS,§1,eff.2-15-211._
SEC 7-1507.DERNMOM.
The following definitions shall apply to this pleasure_
(a) 'Active Transportation Plan"means the City of Fresno's currently adapted Active Transportation Plan,
or any subsequent update.
(b) 'City"means the City of Fresno_
(cj 'Department'mean the City of Fresno Parks,After School,Recreation,and Community Services
Department.
(di 'Commission'means the Parr Arts and Recreation Commission established in Section 7-1509.
(e) 'Council"means the City of Fresno's City Council.
(f) 'Cultura I Facility"means a building owned and/or operated by the City of Fresno which shall be used
for the programming,production,presentation,andlor exhibition of natural history a,nd any of the arts
and/or cultural disciplines_These disciplines include music,dance,theatre,creative writi rug,literature,
architecture,painting,sculpture,folk arts, photography,crafts,media arts.and visual arts.
(�) 'Highest-need neighborhoods"mean those communities as defined pursuant to Section 7-1509.
(h) 'tnterpretatiori"means,a visitor serving amenity that enhances the ability to understand and
appreciate the significance and value of natural,historical,cultural and recreational resources that may
utili3e eyucatior_,al materials in multiple languages,digital information,and the expertise of a naturalist
or other skilled specialist
(J) 'Forest or Forestry"means the cu ttivation and management of trees in an urban area:for their present
and potential contribution to the economic,physiological,sociological,and ecological well-being of
urban society.
(I� -The Fresno Arts Council'means the current partnyeringorganization of the City and County of Fresno
that is tasked to promote the arts industry,or its successor.
(k) 'Plan"means the Fresno City Master Parks Plan as adopted in 2019 or any subsequently adopted
amendments or updates.
Cg 'Joint-use"means shared management of facilities,land,uti lities,programs,or other common
elements between two or more parties,especially schools and flood control facilities.
(m) 'Multi-benefit projeect'means a project that maximizes or enhances recreation opportunities and one
or snore of the following:protection or enhancement of the natural environment,stormwater Capture,
crater and air quality improvements,greenhouse gas emission reductions,carbon sequestration, heat-
Wand reductions;habitat protection and biodiversity,community health improvements that reduce
health burden,or any combination thereof.
In) 'Nonprofit Organization"mans any charitable organization described in Section 501(c)(31 of the
Internal Revenue Code of 1996.as amended,which has among its purposes the provision of park,
recreation or community services or facilities;art appreciation;trail developmervt or management;
gang prevention,intervention,and services for at-risk youth;conservation corps;environmental
education and interpretation;or tree-planting.
E-ed: JOGI-37-W LS-W L-1 [EST",
(SuPP-Iva 37)
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(ol 'Park"means those facilities described in the Plan or subsequenidy a=e»to the City's public park
system.
(p). "State"means the State of California,except as otherwise provided herein.
(+�4 *veterans"means arvy person who served in the United States armed forces as defined by Title 38 of
the Coe of Federal Regulatians_
tiAdded Ord-2021-WS,§1,eff.2-18-21].
SEC 7-1508.PROGRAM IMPLEMENTATION AND FISCAL CONTROIS.
(al Authority to expend funds,issue grants,or enter into contracts or memoranda of understanding relating to
the revenues deposited into the Clean and Safe Neighborhood Parks Account pursuant to Section 7-L504 is
delegated to the City of Fresno,provided that no expenditures may be made Prom the Account except as
provided in this ordinance_
fib) In an effort to provide efficient administration and implementation of the program and project funding
pursuant to this ordinance,the Gty may enter into interagency agreements with city departments,local
agencies,county and/or state agencies,and provide grants to nonprofit organizations.
(c) of the funds made available pursuant to this ordinance,the City may periodically dedicate a portion of funds
to competitive grant solicitations for local education agencies,public agencies,and nonprofit organizations
to develop and implement projects and programs-
(d) of the funds made available pursuant to this ordinance,the City shall promote the use of the local
conservation corps and other local youth and veteran training programs in the implementation of programs
and projects funded.
(e] Identification of highest-needs neighborlioo6i:
(1] Lip to and Including December 31,2021,the City,in conjunction with the Commission,shall define the
highest-need neighborhoods as those areas that are located within census tracts that rank within the
top twenty-five percent 125%)of Fresno census tracts as identified in the State's CalEnviro5creen 3.4;
and whose nearest park is identified as being in poor condition,according to the Plan,or is located
within a priority zone for new parks,as defined by the Plan.
(2] 14o later than January 1,2022,the City,in conjunction with the Commission,shall adopt a new
definition of highest-needs neighborhoods after conducting a public process,to be updated every
three years and included in subsequent updates to the Plan_The City and Commission shall create a
weighted index incorporating the following data i n developing the definition_
IA) Existing conditions of parks and facilities based on rieeds assessment data in the Plan;
191, The proportion of the pope lation that lives with in walking distance(112 mile]to a park;
IC) Park acreage per 1,000 residents;
ID) Population density;
IE) Neighborhood youth and senior population;
IFl Neighborhood safety;
IG] Neighborhoods of concentrated poverty;
IF] Pollution burden,as defined by CalEnviroScreens 3.0,or subsequent updates;
It) Pre-term birth rates;
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(Supp.Nis 37)
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(JI Year of potential life lost;
(K1 Neighborhood composite mortality rate.
(31 In making the expenditures provided in Section 7-15136,the City shall be permitted to use no more than
two percent(2%)of the funds allocated pursuant to each paragraph of that Section on an annual basis
for administrative costs associated with the delivery of programs and projects pursuant to each
paragraph-
(41 Starting with the 2029-30 fiscal year,the City may adjust the percentage funding allocations within
each paragraph of Section 7-1506(b)by u p to two percentage points each year,and between
paragraphs of Section 7-154X(b)by up to one-half percentage point each year.
(51 lip to zero point seventy-five percent(0.75%)of the total funds made available pursuant to this
Measure shall be made assailable on an annual basis to invest in program implementation,planning and
plan updates,peoigram and project innovation,and audit and oversight support to ensure the
investments made by the citi2ens of Fresno create a world class set of facilities and programs and that
funds are spent in accordance with the voters'will,includi ng, but not limited to the lollowi nig:
1A) Te+chrology,communityoutreach,and technical assistance for program implementation;
(BI interpretation and special language needs;
(C) Strategic planning and updates to the Parks Master Plan and Cultural Arts Plan;
(Dl Costs associated with program oversight and accountability,including audits-
Ord-20221-005,§1,elf.2-19-21;Am.Ord 2021-010. 4,5,eff.4-22-211_
SEC. 7-1Sa19.HSCAL OVERSIGHT AND BUDGET ACC04JNTABILITY.
41 A r►ew Parks,Recreation and Arts Commission consisting of nine(9)members is hefeby created,to be
appointed by the Mayor with approvat by the City Council in accordance with Article lIX of the Fresno City
Charter.
(b) The Mayor and City Council shall appoint all members of the Commission no later than kune 30,2021.
(c) The membership of the Commission shall reflect the cultural,demographic,and geographic diversity of the
City of Fresno,with at least one-third of the Commissioners residing in highest-need neighborhoods,as
defined in Section 7-1509.
(d) The Commission shall include members with the following areas of demonstrated expertise:
(11 Community parks and open space management;
(21 Youth development or recreation programs;
(31 Trails and San Joaquin fter Parkway development and programming;
(41 Arts and culture programming;
(el The Commission shall have primary authority on behalf of the City to_
(11 Conduct hearings and receive public input on allocations related to this ordinance,updates to the Parks
Master Plan and Cultural Arts Plan,and annual PARCS Department Budget and Capital Improvement
Plans;make recommendations to the City Council;
(2) Review City staff recommendations for budget allocations related to this ordinance to ensure
consistency with the ordinance and ExpeMiture Plan;make recommendations to the City Council for
adoption of expenditures in connection with annual budget process and any amendments thereto,;
_r9, d: =!R 17-14 LS_19:15 r6ST:,
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(3) Review and recommend for City adoption guidelines for competitive grant programs established with
funds from this Measure;
(4I Oversee development and recommend City Council adoption of the Cultural Arts Pfan and subsequent
c:p.'ates;
(51 Review and make recommendations to the Mayor and City Council on flees related to parks,trails,and
open space;
(+6F Review the Controller's annual independent audit of the Clean and Safe Neighborhood Parks Arxount;
ensure that a complete accounting of all expenditures each year is published and posted on a publicly
accessible website;
(7p Every five years,submit an evaluation of the program to the public and the City of Fresno;
181 Provide input on an annual report prepared by City staff that includes:
(A) Update on the percentage of Fresnans that We within A mile of a park;
JBI Update on the number and percentage of Fresnans accessing PARCS programs;
Iq Update on the Implementation of the Parks Master Plan;
ID) Update on the implementation of the Active Transportation Plan;
JE) Update on the implementation of deferred maintenance and improvements to existing parks and
recreational facilities in the City.
(f) The City Council shall have the authority to further define the role and powers of the Commission by
adopting impleme feting ordinances:and revising them over time.
(g) In consultation with the City Attorney,City Clerk,and a ppropriate City staff,the Commission shall have
authority to determine operating procedures consistent with the City Charter and the Municipal Code,
including the other provisions at this ordinance-
(h) The Commission shall hold public meetings and operate pursuant to California Goverrimerrt Code section
54950.
(i] The Commission members shaill be governed by and Comply with State conflict of interest laws(e.g.,
Government Code section 97000 et seq.and section logo et seq.)and the City's conflict of interest policies.
"7�!-ed Ord_2021-W5,§1,efd.2-19-21;Am.Ord.2021-010,§6,eff.4-22-21)_
SEC, 7-1510.MISCELLANEOUS PROVISIONS.
(aF Parks or other public facilities acquired,developed,rehabilitated or maintained with funds from this
Measure shall be open,accessible,and affordable to the public without discrimination as to race,color,sex,
sexual orientation,age,religious belief,national origin,marital stags,physical or medical handicap,medical
condition or place of residence.
(b) The department shall not sell bonds secured by any revenues made available by this ordinance.
(c) The City shall not use funds generated from this resolution to develop facilities:on existing or dormer landfills
or waste refuse facilities.
(d) No provision of this ordinance shall be construed as authorizng the condemnation of privately-owned lands-
Acquisition of property through eminent domain shall be strictly prohibited with the funds generated by this
ordinance.
(Supp-ND_37)
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(ej Reasonable public access w lands acquired in fee simple with funds made available pursuant to-this
ordinance shall be provided except where that access may interfere with resource protection or to ensure
public safety.For purposes of this ordinance,reasonable public access shall include parking and public
restrooms.
if) All real property acquired pursuant to this ordinance shall be acquired in compliance with Chapter 16
(commencing with Section 7260)of Division 7 of Title 1 of the California Government Code.Public Agencies
and Nonprofit Organizations receiving funds pursuant to this resolution shall certify compliance to the City-
Funds disbursed to a Public Agency in accordance with this ordinance may be expended by that agency
pu,-suant to an agreement,or by an entity,authorized or established pursuant to Article 1 lcommencing with
Section 6500)of Chapter 5 of Division 7 of Title i of the Government Code-
,Added Ord_2021-005,§1,eff.2-18-21F.
SEC 7-1511.CRJNTRArCT WITH THE STATE.
Prior to she operative date,the City shalt contract with the California Department of Tax and Fee
Admin estration m performs all functions incident to the admiA. istration and operation of this retail transactions and
use tax ordinance;provided,that if the city shall not have contracted with the California Department of Tax and
Fee Administration prior to the operative date,it shalt nevertheless so contract and in such case the operative date
shall be the firs[day of the first calendar quarter following the execution of such a contract.
Irld-6ed Ord-2021-DD5 ,5 1,eff.2-19-21;Ain.Ord.2021-010,§7,eff.4-22-21).
SEC.7-151.1.PLACE OF SALE.
For the purpose of this ordinance,all retail transactions are consummated at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-lute
destination or to a common carrier for delivery to an out-of-state destination-The gross receipts from such sales
shall illdl-de delivery charges,when such charges are subject to the State sales and use tax,regardless of the place
to which delivery is made.In the event a retailer has no permanent place of business in the State or has more than
one place of business,the place or places at which the retail sales are consummated,for the purposes of this
ordinance,shall beaeermined under rules and regulations to be prescribed and adopted by the California
Department of Tax and Fee Administration.
(1s(-16ed Ord-2021-005,§1,eff.2-19-21;Ann.Ord.2021-010,§9,eff.4-22-21).
SEC..7-1512.ADOPTION OF PROVISIONS OF STATE LAW.
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the
provisions of Part 1.6 of Division 2 of the,Revenue and Taxation Code,all of the provisions of Part 1(commencing
with section 6001)of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of th is
ordinance as though fully set forth herein.
(ACned Ord.2021-OD5,§1,eff.
SEC. 7- S14.LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF TAXES.
In adopting the provisions of Part i of Division 2 of the Revenue and Taxation Code_
:nets.d: 702L-27-14 L5-79:1.; !EAST-,
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(a) 'Wherever the State of California is named or referred to as the taxing agency,the name of this City
shall be substituted therefor.However,the substitution shall not be made:
111 When the word"State"is used as part of the title of the State Controller,State Treasurer,
California Department of Tax and Fee Administration,State Treasury,or the Constitution of the
State of California.
121 where the result of that substitution would require action to be taken by or against this City or
any agency,officer or employee thereof rather than by or against the California Department of
Tax and Fee Administration,in performing the functions incident to the administration or
operation of this ordinance.
13) In those sections,including, but not necessarily limited to sermons referring to the exterior
boundaries of the State of California.,where the result of the substitution would be to:
(A) Provide an exemption from this tax with respect to certain Sales,storage,L se or other
consumption of tangible personal property which would not otherwise be exempt from this
tax wvhile such sales,storage,use or other consumption remain subject to tax by the State
under the provisions of Part 1 of DiyWon 2 of the Revenue and Taxation Code,or;
(B) Impose this tax with respect to certain sales,storage,use or other consumption of tangible
personal property which would not be subject to tax by the State under the said provision
of that code.
14) In sections 6701,6702(except in the last sentence thereof),6711,6715,6737,6797.or 6M of
the Revenue and Taxation Code.
(bl� The word"Gay"shall be substituted for the word"State"in the phrase"retailer engaged in business in
this State"in section 6203 of the Revenue a nd Taxation Code,and in the definition of that phrase in
section 6203.
(11 "A retailer engage in business ir.the City'shall also include any retailer that, in the preceding calendar
year or the current calendar year,has total combined sales of tangible personal property in this state
or for delivery in the State by the retailer and all persons related to the retailer that exceeds five
hundred thousand dollars(S500,000)_For the purposes of this section,a person is related to another
person 9 both persons are related to each other pursuant to,Section 2671b)of Title 2-6 of the United
States Code and regulations thereunder.
-ced Ord-20(21-DOS,§1,eft.2-18-21;Am.Ord..2021-CM),§§9-11,eff.4-22-Z1).
SEC.7-1515.PERMIT NOT RECJU[RED.
If a seller's permit has been issued to a retailer urcer section 6D67 of the Revenue and Taxation Code,an
additional transactor's permit shall not be required by this ordinance.
(Added Ord.2021-005,§1,eff.2-18-211.
SEC.7-1516.EXE14f PT1ONS AND EXCLUSIONS.
(al There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax
or use tax imposed by the State of California or by any city,city and county,or county pursuant to the
Bradley-Burns.Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or
use tax-
Sb) There are exempted from the computation of the amount of transactions tax the gross receipts from:
cre.-gin: 3MA-:7..9 Ls,i9:L: resT..
(Supp•No.37)
page l2arF19
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(it Sales of tangible personal properly,other than fuel or petroleum products,to operators of aircraft to
be used or consumed principally outside the county in which the safe is made and directly and
excl usively in the use of aircraft as cammn carriers of persons or property under the authority of the
laws of this State,the United states,or any foreign government.
(21 sales of property to be used outside the City wh ich are shipped to a point outside the City,pursuant to
the contract of sale,by delivery to that point by the retailer or his or her agent,or by delivery by the
retailer to a carrier for shipment to a mnsignee at such point.For the purposes of this paragraph,
delivery to a point outside the City shall be satisfied:
(A) With respect to vehicles(other than commercial vehiclesp subject to registration pu rsuant to
Chapter 1(commencing with section 4000)of Division 3 of the Vehicle Code,aircraft licensed in
compliance with section 21411 of the public Utilities Code,and undocumented vessels registered
under Division 3.5(commend ng with section 9B40)of the Vehicle Code by registration to ar out-
of-City address and by a declaration under,penalty of perjury,signed by the buyer,stating that
the address is,In fact,his or her principal place of residence;and
(B) With respect to commercial vehicles,by registration to a place of business out-of-City and a
declaration under penalty of perjury signed by the buyer,that the vehicle will be operated from
that address.
(3 f The sale of tangible personal property if the seller is obligated to furnish the property for a fared price
pursuant to a contract entered into prior to the operative date of this ordinance.
(41 A lease of tangible personal'property which is a contin Laing sale of that property,for any period of time
for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the
operative date of this ordinance.
(S), For purposes of subpa ragraphs(31,and(4)of this section,the sale or lease of tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for
which any party to the contract or lease has the unconditional right to terminate the contract or lease
upor.notice,whether or not that right is exercise:.
(c) There are exempted from the use tax imposed by this ordinance,the storage,use or other consumption in
this City of tangible personal property,.
(1f The gross receipts from the sale of which have been subject to a transactions tax under any state-
administered transactions and use tax ordinance_
(2j Other ahan'fuel or petroleum,products purchased by operators of aircraft and used or consumed by the
operators directly and exd LWvely in the use of the aircraft as common carriers of persons or property
for hire or compensation under a certificate of public convenience and necessity issued pursuant to the
laws of this State,the United States,or any foreign government This exemption is in addition to the
exemPons provided in sections 6366 and 6366.1 of the Revenue and Taxation Code-
(3] If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered
into prior to the operative date of this ordinance.
(4) If the possession of,or the exercise of any right or power over,the tangible per sonat property arises
u nder a lease which is a continuing purchase of the property for any period of time for which the lessee
is obligated to lease the property for an amount fixed by a lease entered into prior to the operative
date of this ordinance.
151 For the p urposes of subparagraphs(31,and(4)of this section,the storage,use or other consumption,or
possession of,or exercise of any riglst or power over,tangible personal property shall be deemed not
to be obligated pursuant to a contract or lease for any period of time for which any party to the
=n.r.Rn: �o�t az-oa Ls-xs:�•: resT.,
(S+pp•No_37)
Pap 13 al'14
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contract or lease has the unconditional right to terminate the contract or lease upon notice,whether
or not the right Is exercised.
(61 Except as provided in paragraph(7� a retailer engaged in business in the City shall not be required to
collect use tax from the purchaser of tangible personal property,unless the retailer ships or delivers
the property into the City or participates within the City in making the sale of the property,including,
but not limited to,soliciting or receiving the order,either directly or indirectly,at a place of business of
the retailer in the City or through any representative,agent canvasser,solicitor,subsidiary,or person
in the City under the authority of the retailer.
(7) 'A retailer engaged in business in the City'shall also,include any retailer of any of the following'
vehicles subject to registration pursuant to Chapter 1(commencing with section 60004 of Division 3 of
the Vehicle Code,aircraft licensed in compliance with section 2141-1 of the Public utilities Code,or
ur-cocumented vessels registered under Division 3.5(commencing with section 9M0)of the Vehicle
Code-That retailer shall be required to collect use tax from any purchaser who registers or rieenses the
vehicle,vessel,or aircraft at an address in the City-
{d) Any person subject to use tax under this ordinance shall be entitled to credit against that tax or any
transactions tax or reimbursement for transactions tax,paid to the city or retailer in the city liable for a
transactions tax pursuant to Part 1-5 of Division 2 of the Reven ue and Taxation Code.
(Ae,,!ed Ord_2021-005,§1,elf.2-18-211.
SEC'.. 7-1517.STATE LAW AMENDMENTS.
All amendments subsequent to the effective date of this ordinance to part 1 of Division 2 of the Revenue and
Taxation Code relating to safes and use taxes and which are not inconsistent with Part 1.6 and Part 1-7 of Division 2
of the Rewenue and Taxation Code,and.all amendments too Part 1.6 and 1.7 of Division 2 of the Revenue and
Taxation CoePe,shall aurtomatically become part of this ordinance,provided however,that ro su:ch amendment
sha II operate so as to affect the rate of tax i mposed by this ordinance.
(Added Ord_2031-005,4 1,eff.2-18-21).
SEC'..7-1518.AMENDMENT OF ORDINANCE.
Except for amendments that would increase the tax rate,impose the tax on transactions and uses not
previously subject to the tax(unless the amendment occurs pursuant to 5ection 7-15171,extend the tax,allow
expenditures other than those provided in Section 7-1506,or be inconsistent with the purposes of this ordinance,
the City Council may amend this ordinance without submitting the amendment to the voters for approval.
,tvtled Ofd.2O21-005,6 1,eff.2-18-21i.
SEC.7-1519.ENJOINING COLL€CTMDN FORBIDDEN.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit,action or
proceeding in any court against the State or the City,or against any officer of the State or the City,to prevent or
enjoin the collection urder this ordinance,or Part 1-6 of Division 2 of the Revenue and Taxation Code,of any tax or
any amount of tax required to be collected.
(AcCed Ord-2021-005,§1,efl.2-18-211.
[res.e: 3WL-W-1-2 rs_.V:ss icsT_,
(Supo.Na 37)
Page 14 of 14
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EXHIBIT D - INSURANCE REQUIREMENTS
Administrative Service Agreement between the City of Fresno (City)
and the Fresno Arts Council (Service Provider)
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 (Errors and Omissions) insurance appropriate to the
Service Provider's profession.
MINIMUM LIMITS OF INSURANCE
The Service Provider, or any party the Service Provider subcontracts with, shall maintain
limits of liability of not less than those set forth below. However, insurance limits available
to the 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:
1. $1,000,000 per occurrence for bodily injury and property damage;
2. $1,000,000 per occurrence for personal and advertising injury;
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3. $2,000,000 aggregate for products and completed operations; and,
4. $2,000,000 general aggregate applying separately to the work performed
under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIABILITY (Errors and Omissions) appropriate to the Service
Provider's profession:
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event the Service Provider 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
The Service Provider shall be responsible for payment of any deductibles contained in
any insurance policy(ies) required herein and the Service Provider 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:
1. The insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees, agents and volunteers; or
2. The Service Provider shall provide a financial guarantee, satisfactory to the City's
Risk Manager or his/her designee, guaranteeing payment of losses and related
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investigations, claim administration and defense expenses. At no time shall the
City be responsible for the payment of any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered
as additional insureds. The Service Provider 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 04 13 and CG 20 37 04 13 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 the 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, the Service Provider'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 the Service Provider's insurance and shall not contribute with it. The Service
Provider 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'Com ensation insurance Dolic is to contain, or be endorsed to contain, the
following provision: The Service Provider and its insurer shall waive any right of
subrogation against the City, its officers, officials, employees, agents and volunteers.
If the Professional (Errors and Omissions) insurance 'Policy_is written on a claims-made
form:
1. The retroactive date must be shown and must be before the effective date of the
Agreement or the commencement of work by the Service Provider.
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.
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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 the Service Provider, the Service Provider 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 the 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 the City. The Service Provider 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, the
Service Provider shall furnish the 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 the City, the Service Provider 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 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 fact that insurance is obtained by the Service Provider shall not be deemed to release
or diminish the liability of the Service Provider, 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 the Service Provider. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor
limit the liability of the Service Provider, its principals, officers, agents, employees,
persons under the supervision of the Service Provider, vendors, suppliers, invitees,
consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly
by any of them.
VERIFICATION OF COVERAGE
The Service Provider shall furnish the 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 the City's execution of the Agreement and before work commences. All
non-ISO endorsements amending policy coverage shall be executed by a licensed and
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authorized agent or broker. Upon request of the City, the Service Provider shall
immediately furnish the 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 the Service Provider should subcontract all or any portion of the services to be
performed under this Agreement, the Service Provider shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated. The
subcontractors' certificates and endorsements shall be on file with the Service Provider
prior to the commencement of any work by the subcontractor.
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EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
ADMINISTRATIVE SERVICES AGREEMENT FOR THE CITY OF FRESNO
EXPANDED ACCESS TO ARTS AND CULTURE GRANT PROGRAM
YES* NO
1 Are you currently in litigation with the City of Fresno or any of its ❑
agents?
2 Do you represent any firm, organization, or person who is in litigation ❑ ❑x
with the City of Fresno?
3 Do you currently represent or perform work for any clients who do ® ❑
business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with the City ❑
of Fresno, or in a business which is in litigation with the City of
Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee who ❑ 7
has any significant role in the subject matter of this service?
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with ❑
this Project?
* If the answer to any question is yes, please explain in full below.
,W'�W
Explanation: E��, �'dV ��S �`�'
Signature
8/15/2023
Date
Lilia Gonzales Chavez
Name
Fresno Arts Council
Company
1245 van Ness Ave
Address
❑ Additional page(s) attached. Fresno CA 93721
City, State, Zip
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