HomeMy WebLinkAboutFresno Economic Opportunities Commission Grant (American Rescue Plan Act)-LGBTQ+ - 3-7-24Page 1 of 22
GRANT AGREEMENT BETWEEN
THE CITY OF FRESNO AND FRESNO ECONOMIC OPPORTUNITIES COMMISSION
REGARDING FUNDING UNDER THE AMERICAN RESCUE PLAN ACT FOR THE
FRESNO EOC LGBTQ+ RESOURCE CENTER
THIS GRANT AGREEMENT (Agreement) is made and entered into effective upon
execution by both parties (the Effective Date), by and between the CITY OF FRESNO
(the City), and FRESNO ECONOMIC OPPORTUNITIES COMMISSION (Grantee), to
provide funding for the Fresno EOC LGBTQ+ Resource Center.
RECITALS
WHEREAS, there is an increased need for additional resources to support the
Fresno EOC’s LGBTQ+ Resource Center; and
WHEREAS, the City desires to provide funds to assist Grantee in providing funding
for the LGBTQ+ Resource Center with the overall goal of creating pathways to health and
widen the safety net by linking people with referrals to LGBTQ+-friendly programs, within
the agency and with external partners; and
WHEREAS, Grantee represents it desires to and is professionally and legally
capable of immediately providing these services for the City of Fresno residents; and
WHEREAS, Grantee acknowledges that grant funds being provided under this
Agreement will be derived from the City’s allocation under the American Rescue Plan Act
(Pub.L. 117-2) (hereinafter “ARPA”), and is subject to any constraints set forth therein
including but not limited to, the Coronavirus State and Local Fiscal Recovery Funds
(CSLFRF) Final Rule (31 CFR Part 35); and
WHEREAS, this Agreement will be administered for the City by its City Manager
or its 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:
1. Scope of Services. Grantee shall perform to the satisfaction of the 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. Grant Amount. The City shall provide Grantee the amount of $100,000 for
the services described in Exhibit A. One-half of the grant amount shall be distributed
once the contract is fully executed, with the other half being distributed after successful
completion of a performance review.
3. Term of Agreement and Time for Performance. This Agreement shall be
effective from the Effective Date through March 31, 2025, subject to earlier termination in
accordance with this Agreement. The services as described in Exhibit A are to
commence upon the Effective Date and shall be completed prior to expiration of this
Agreement and in accordance with any performance schedule set forth in Exhibit A.
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4. Amendment to Increase or Decrease Scope of Services: The parties may
modify this Agreement to increase or decrease the scope of services or provide for the
rendition of services not required by this Agreement, which modification may include an
adjustment to Grantee’s compensation. Any change in the scope of services must be
made by written amendment to the Agreement signed by an authorized representative
for each party. Grantee shall not be entitled to any additional compensation if services
are performed prior to a signed written amendment.
5. Termination, Remedies and Force Majeure.
(a) This Agreement shall terminate without any liability of the City or to
Grantee upon the earlier of: (i) Grantee filing for protection under the federal bankruptcy
laws, or any bankruptcy petition or petition for receiver commenced by a third party
against Grantee; (ii) seven calendar days prior written notice with or without cause by the
City to Grantee; (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,
Grantee 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 Grantee that are owned
by the City. Subject to the terms of this Agreement, Grantee shall be paid compensation
for services satisfactorily performed prior to the effective date of termination. Grantee
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 Grantee 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 Grantee, 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 Grantee, 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 this Agreement; and/or (iii)
recover all direct, indirect, consequential, economic, and incidental damages for the
breach of this Agreement. If it is determined that the City improperly terminated this
Agreement for default, such termination shall be deemed a termination for convenience.
(e) Grantee shall provide the City with adequate written assurances of
future performance, upon the Administrator’s request, in the event Grantee fails to comply
with any terms or conditions of this Agreement.
(f) Grantee shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of Grantee and without its fault or
negligence such as, acts of God or the public enemy, acts of the City in its contractual
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capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe
weather, and delays of common carriers. Grantee shall notify the City 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 the Administrator of the
cessation of such occurrence.
6. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by
Grantee pursuant to this Agreement shall not be made available to any individual or
organization by Grantee without the prior written approval of the City. During the term of
this Agreement, and thereafter, Grantee 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 Grantee
pursuant to this Agreement, including without limitation grant applications and supporting
documents, are the property of the City at the time of preparation and shall be turned over
to the City upon expiration or termination of this Agreement. Copies of grant applications
and supporting documents shall be promptly provided to the City during the term of this
Agreement. Grantee shall not permit the reproduction or use thereof by any other person
except as otherwise expressly provided herein.
(c) If Grantee should subcontract all or any portion of the services to be
performed under this Agreement, Grantee shall cause each subcontractor to also comply
with the requirements of this Section 6.
(d) This Section 6 shall survive expiration or termination of this
Agreement.
7. Professional Skill. It is further mutually understood and agreed by and
between the parties hereto that inasmuch as Grantee represents to the City that Grantee
and its subcontractors, if any, are skilled in the profession and shall perform in accordance
with the standards of said profession necessary to perform the services agreed to be
done by it under this Agreement, the City relies upon the skill of the Grantee and any
subcontractors to do and perform such services in a skillful manner and the Grantee
agrees to thus perform the services and require the same of any subcontractors.
Therefore, any acceptance of such services by the City shall not operate as a release of
Grantee or any subcontractors from said professional standards.
8. Indemnification. To the furthest extent allowed by law, GRANTEE shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in contract, tort or strict liability, including but not limited to
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personal injury, death at any time and property damage) incurred by CITY, GRANTEE 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. GRANTEE obligations under the preceding sentence shall apply
regardless of whether CITY or any of its officers, officials, employees, agents or
volunteers are negligent, but shall not apply to any loss, liability, fines, penalties,
forfeitures, costs or damages caused solely by the gross negligence, or caused by the
willful misconduct, of CITY or any of its officers, officials, employees, agents or volunteers.
If GRANTEE should subcontract all or any portion of the work to be performed
under this Agreement, GRANTEE shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraph.
Notwithstanding the aforementioned, Grantee recognizes that the source of funds
for the grant to be provided hereunder is the City’s allocation from the ARPA to this end
Grantee shall, without limitation, indemnify the City, and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages incurred by the City from any and all claims, demands
and actions in law or equity (including attorney's fees and litigation expenses), arising or
alleged to have arisen directly or indirectly from the negligent or intentional acts or
omissions, or willful misconduct of Grantee or any of its officers, officials, employees,
agents, or volunteers in the performance of this Agreement and compliance with ARPA.
This section shall survive termination or expiration of this Agreement.
9. Insurance. Grantee shall comply with all of the insurance requirements in
Exhibit B to this Agreement.
10. Conflict of Interest and Non-Solicitation.
(a) Prior to the City's execution of this Agreement, Grantee shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth
in Exhibit C. During the term of this Agreement, Grantee shall have the obligation and
duty to immediately notify the City in writing of any change to the information provided by
Grantee in such statement.
(b) Grantee shall comply, and require its subcontractors 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, Grantee shall provide a written opinion of its legal
counsel and that of any subcontractor that, after a due diligent inquiry, Grantee and the
respective subcontractor(s) are in full compliance with all laws and regulations. Grantee
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
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appearance of a conflict of interest, Grantee shall immediately notify the City of these
facts in writing.
(c) In performing the work or services to be provided hereunder, Grantee
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 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.
(d) Grantee 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.
(e) Neither Grantee, nor any of Grantee subcontractors performing any
services on this Project, shall bid for, assist anyone in the preparation of a bid for, or
perform any services pursuant to, any other contract in connection with this Project unless
fully disclosed to and approved by the City Manager, in advance and in writing. Grantee
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, Grantee shall remain responsible for complying with Section 10(b), above.
(f) If Grantee should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, Grantee shall include the
provisions of this Section 10 in each subcontract and require its subcontractors to comply
therewith.
(g) This Section 10 shall survive expiration or termination of this
Agreement.
11. ARPA Compliance and Certification. Grantee shall submit only those
expenditures which are eligible for payment and in compliance with the allowable
expenditures, including the following eligibility requirements:
Grantee shall provide the City with quarterly expenditure and performance reports,
as defined in the Final Rule and Treasury Department’s SLFRF Compliance and
Reporting Guidance (CRG). Grantee shall also provide an annual report as required
under the CRG. These reports shall be in a form specified under the CRG and shall be
accompanied by invoices and receipts that substantiate the figures on the expenditure
report. Additionally, a certification signed by the Chief Executive or designee of Grantee
certifying that the uses of the grant funds are consistent with those allowed under ARPA,
shall be included with the expenditure report and substantiating documentation. As
required by the 2 CFR Part 170, Appendix A award term regarding reporting subaward
and executive compensation, recipients must also report the names and total
compensation of their five most highly compensated executives and their subrecipients’
executives for the preceding completed fiscal year if (1) the recipient received 80 percent
or more of its annual gross revenues from Federal procurement contracts (and
subcontracts) and Federal financial assistance subject to the Transparency Act, as
defined at 2 CFR 170.320 (and subawards), and received $25,000,000 or more in annual
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gross revenues from Federal procurement contracts (and subcontracts) and Federal
financial assistance subject to the Transparency Act (and subawards), and (2) if the
information is not otherwise public. If Grantee is already disclosing this information as
part of another agreement involving Federal monies, Grantee shall provide
documentation to the City that it is fulfilling this requirement. Grantee’s failure to provide
a Certification or provide either the quarterly or annual expenditure/performance reports
may be considered a default of this Agreement under Section 5 of this Agreement. If
Grantee is found to have provided services to ineligible individual, households, or entities
or made an ineligible expenditure, the City shall have the right to reclaim a dollar amount
from the Grantee that is equal to the amount determined to be ineligible.
12. 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 City Manager or designee.
(b) The City is required under 2 CFR 200.332 to manage and monitor
subrecipient compliance with ARPA guidance. Accordingly, Grantee agrees to permit
City staff to conduct one performance review during the term of this Agreement. The City
has the right to conduct additional performance reviews both during the term of this
Agreement and after the Agreement’s term should the City believe these reviews are
necessary. Records of Grantee 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 years after final payment or, if longer, for any period
required by law. Records related to Grantee’s performance metrics shall be made
available and retained for the same time periods as the Project’s expense data. Grantee
shall furthermore comply with all funding requirements as set forth in ARPA. If Grantee
fails to provide City staff access or documentation necessary to conduct a City-requested
performance review, the City may terminate this Agreement in accordance with Section
5.
In addition, all books, documents, papers, and records of Grantee 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 Grantee should subcontract all or any
portion of the services to be performed under this Agreement, Grantee shall cause each
subcontractor to also comply with the requirements of this paragraph. This Section 12(b)
shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, Grantee shall have
provided evidence to the City that Grantee is licensed to perform the services called for
by this Agreement (or that no license is required). If Grantee should subcontract all or
any portion of the work or services to be performed under this Agreement, Grantee shall
require each subcontractor to provide evidence to the City that subcontractor is licensed
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to perform the services called for by this Agreement (or that no license is required) before
beginning work.
(d) Prior to execution of this Agreement by the City, Grantee will permit
City staff to conduct a subrecipient risk assessment, as required under the Uniform
Guidance (2 CFR 200.332(b)). Failure to allow City staff to conduct this subrecipient risk
assessment may result in the City terminating this Agreement in accordance with Section
5. Additionally, the Grantee’s failure to be certified by City staff at the end of the risk
assessment as having adequate internal controls to manage the funding provided in this
Agreement may result in the City terminating this Agreement in accordance with Section
5.
13. Nondiscrimination. To the extent required by controlling federal, state, and
local law, Grantee 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, Grantee agrees as follows:
(a) Grantee 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) Grantee will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran, or veteran of the Vietnam era. Grantee 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 Grantee’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. Grantee agrees to post in conspicuous
places, available to employees and applicants for employment, notices setting forth the
provision of this nondiscrimination clause.
(c) Grantee will, in all solicitations or advertisements for employees
placed by or on behalf of Grantee 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.
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(d) Grantee 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 Grantee’s commitment
under this section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(e) If Grantee should subcontract all or any portion of the services to be
performed under this Agreement, Grantee shall cause each subcontractor to also comply
with the requirements of this Section 13.
14. Independent Contractor.
(a) In the furnishing of the services provided for herein, Grantee is acting
solely as an independent contractor. Neither Grantee, 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 Grantee shall perform its work and functions.
However, the City shall retain the right to administer this Agreement so as to verify that
Grantee is performing its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture
between Grantee and the City. Grantee shall have no authority to bind the City absent
the City's express written consent. Except to the extent otherwise provided in this
Agreement, Grantee shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, Grantee and its
officers, agents, and employees shall have absolutely no right to employment rights and
benefits available to City employees. Grantee 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, welfare, and retirement benefits.
In addition, together with its other obligations under this Agreement, Grantee shall be
solely responsible, indemnify, defend and save the City harmless from all matters relating
to employment and tax withholding for and payment of Grantee’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’s 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, Grantee may be providing services to others unrelated to the City
or to this Agreement.
15. 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
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States mail in the manner above described shall be deemed sufficiently served or given
at the time of the mailing thereof.
16. Binding. Once this Agreement is signed by all parties, it shall be binding
upon, and shall inure to the benefit of, all parties, and each parties' respective heirs,
successors, assigns, transferees, agents, servants, employees, and representatives.
17. Assignment.
(a) This Agreement is personal to Grantee and there shall be no
assignment by Grantee of its rights or obligations under this Agreement without the prior
written approval of the City Manager or designee. Any attempted assignment by Grantee,
its successors or assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) Grantee hereby agrees not to assign the payment of any monies due
Grantee 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 to
the Grantee directly to the Grantee.
18. Compliance With Law. In providing the services required under this
Agreement, Grantee shall at all times comply with all applicable laws of the United States,
including but not limited to, the Americans with Disabilities Act (42 U.S.C. § 12101 et
seq.), the State of California and the City, and all other 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. In
addition, Grantor elects to receive funds from the Secretary under ARPA and will use the
funds in a manner consistent with such section.
19. Waiver. The waiver by either party of a breach by the other of any provision
of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions of this
Agreement may be waived unless in writing and signed by all parties to this Agreement.
Waiver of any one provision herein shall not be deemed to be a waiver of any other
provision herein.
20. 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.
21. 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.
22. 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.
23. 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
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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.
24. 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.
25. Exhibits. Each exhibit and attachment referenced in this Agreement is, by
reference, incorporated into and made a part of this Agreement.
26. 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.
27. 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.
28. 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.
29. 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 Grantee.
[SIGNATURES FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
By:
Georgeanne A. White Date
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Angel M. Karst Date
Senior Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City Clerk
By:
Deputy Date
Fresno Economic Opportunities
Commission, a California nonprofit
corporation
By:
Name:
Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title: (If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
Addresses:
CITY:
City of Fresno
Attention: Courtney Espinoza
Business Manager
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-7008 FAX: (559) 457-1541
Fresno Economic Opportunities
Commission
Attention: Misti Gattie-Blanco
1920 Mariposa Street, Suite 300
Fresno, CA 93721
Phone: (559) 263-1344
Cell: (559) 246-9745
Attachments:
1. Exhibit A - Scope of Work, Budget and Metrics
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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Emilia Reyes
Chief Executive Officer
Chairman
Oliver Baines
2/29/2024
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3/8/2024
3/8/2024
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EXHIBIT A
Scope of Work, Budget and Metrics
Executive Summary
Fresno County Economic Opportunities Commission (Fresno EOC) LGBTQ+ Resource
Center proposes to implement the American Rescue Plan Act for Community-Based
Organizations Initiative. The LGBTQ+ Resource Center will serve 240 low-income
LGBTQ+ youth and adults in Fresno County with case management services. The
LGBTQ+ Resource Center offers a safe place for LGBTQ individuals to get expert and
trusted guidance on resources, including STI screenings, gender-affirming care, and
housing assistance. As a queer-led program, the center’s close partnerships with local
LGBTQ+ led organizations will be key in maintaining the trust of the community. The
LGBTQ+ Resource Center’s goals are to 1) increase access to emotional & mental health
services, 2) increase awareness of community resources for Fresno’s LGBTQ+
community, and 3) deliver linguistically appropriate, culturally responsive services for
clients. With the City of Fresno’s support of $100,000, the LGBTQ+ Resource Center will
create pathways to health and widen the safety net by linking people with referrals to
LGBTQ+-friendly programs, within the agency and with external partners.
Services Description
Fresno EOC operates the LGBTQ+ Resource Center located in downtown Fresno and
provides the following wraparound services:
• Drop-In center, open Monday through Friday from 10AM to 5PM;
• Q-Closet which provides gender-affirming clothing and supplies;
• Referrals to community organizations and internal programs for additional services
identified by client needs;
• Culturally responsive case management;
• Trans-Medical Need Fund for gender-affirming care;
• Sex-positive supplies and education;
• Peer-led support groups;
• Mindfulness Workshops, held monthly;
• Outreach and awareness;
• LGBTQ+ and Gender Affirming Competency Training and Education;
• Volunteer opportunities in outreach, marketing, and administration support;
• Art Hop space for Queer artists to display their work.
Advancing Health Equity for LGBTQ+ Members:
By targeting the structural barriers in health and increasing community outreach in
underserved neighborhoods, we will improve access to health and quality of care for
LGBTQ+ individuals. These approaches include:
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Wraparound Services: Program staff and clients work together to develop an action plan
by identifying their networks of support, personal goals, and potential barriers to care. The
program intake application identifies areas of need, including but not limited to
transportation assistance, childcare, substance use counseling, and legal assistance.
Program participant information is entered into CAP60, a centralized data management
system that streamlines internal referrals to eligible programs and services. By having a
simple one-step application process for referrals across programs, Fresno EOC increases
participant retention and reduces client stress. LGBTQ+ Resource staff also implements
warm handoffs and follow-up visits during case management to ensure a successful
transition in referrals. Internal services include: Head Start 0 to 5 for childcare; utilities bill
payment assistance through Energy Services; WIC; and Health and Dental Services with
specialization in primary care, family planning, and prenatal care. Fresno EOC also
maintains multi-sectoral partnerships with government agencies, community-based
advocacy groups, and local nonprofits to meet the needs of our clients.
Creating Affirming Spaces for LGBTQ+ Individuals: The LGBTQ+ Resource Center
functions as a safe haven for community members to receive community resources
without fear of backlash. The program staff undergoes trauma-informed LGBTQ+
training--which addresses how to make judgement-free responses for clients and up-to-
date best practices for serving LGBTQ+ individuals. The program offers gender-affirming
care, including access to our Q-closet (for binders, clothing, and hygiene products), legal
aid services for gender marker changes, and funds for transgender and gender
nonconforming medical needs. Additionally, the center hosts support groups for
populations in need, including Youth LGBTQ+, Black Queer Group, and Transgender and
Gender Non-conforming.
Leading Educational Workshops: Educational trainings reduce stigmas surrounding
LGBTQ+ issues. These workshops offer critical insight into the social and institutional
barriers for LGBTQ+ individuals when accessing resources. Workshops are offered to a
diverse range of institutions--education, health, criminal justice, government agencies,
and corporate offices. The goal is to address the root cause of bias and ensure the
LGBTQ+ community seeking help are not re-traumatized by the professionals helping
them. Medical providers who undergo LGBTQ+ Competency Training are added to a list
of trusted providers for referrals, and this list is updated by client feedback. The LGBTQ+
Resource Center also works to increase access to health for the LGBTQ+ community by
offering supportive services. Through the Mindfulness Workshops, program staff
facilitates mental health and wellness discussions that promote self-regulation, increase
emotional awareness, focus, and strategies for decision-making.
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Priority Populations:
The program serves LGBTQ+ youth and adults living in low-income neighborhoods by
ensuring equal access to health and economic opportunities. Fresno County is a Latinx-
majority (55%) with a diverse population of African American (5.9%), Native (3.2%),
Hmong (4.9%) communities. This program will serve LGBTQ+ members from
underserved communities, including trans and non-binary individuals, people with
substance abuse disorder, and people experiencing homelessness.
Goals and Objectives
The goal of the LGBTQ+ Resource Center is to provide the following:
• Provide case management services to 240 unduplicated individuals in a 12-month
period.
• Participate in and/or conduct 24 outreach opportunities in 12-months to promote
the LGBTQ+ Resource Center’s services. Examples could include, but are not
limited to, Art Hop, Gender Sexuality and Alliance groups, annual AIDS Walk, etc.
• Host 12 Mindfulness Workshops for LGBTQ+ individuals in a 12-month period.
Program/Project Milestones and Timeline
Milestones 1st
Qrt.
2nd
Qrt.
3rd
Qrt.
4th
Qrt.
Key Person
Responsible
Design promotional marketing
materials for outreach events.
X Program
Staff/Communications
Department
Fresno EOC will host one
mindfulness workshop monthly.
X X X X Program Staff/LGBTQ+
Resource Manager
Engage in monthly case
management services to 240
unduplicated individuals.
X X X X Program Staff/LGBTQ+
Resource Manager
Engage in bi-monthly outreach
opportunities at the center or in
the community.
X X X X Program Staff/LGBTQ+
Resource Manager
Modify outreach strategy based
on program progress.
X X LGBTQ+ Resource
Manager/Sanctuary
Director
Attend Fresno Aids Walk for
outreach.
X Program Staff/LGBTQ+
Resource Manager
Program evaluation report
based on final data.
X LGBTQ+ Resource
Manager/Sanctuary
Director
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Performance Measurement and Reporting
LGBTQ+ Resource Center will monitor program performance throughout the life of this
grant. The program will use the agency’s CAP60 database, Excel, Microsoft Office,
Teams, and Outlook to track program outcomes and communicate findings with staff.
Data will be collected through intake forms, surveys, case management notes, and Meta
for tracking social media analytics. The program will provide quarterly and annual
performance reports to the City of Fresno.
Program/Project Metrics include:
• Number of people who obtained case management services.
• Number of unduplicated participants who obtained social & emotional support
through Mental Health Services
• Number of drop-in visitors.
• Number who attended Peer Support Groups.
• Demographic breakdowns of people who have received services from the
program.
• Number of people reached during outreach events.
• Number of outreach materials developed and/or distributed.
Program Performance and Success:
In 2023, the LGBTQ+ Resource Center served over 500 drop-in visitors who received
access to critical care. A total of 345 clients participated in mental health services while
128 clients obtained social emotional support through workshops, such as our Alcoholics
Anonymous Meeting or Mindfulness Workshop. To improve patient trust and expand the
availability of culturally responsive professionals, we led LGBTQ+ Competency Training
for educational professionals and case managers. We provide hour-long workshops that
expand cultural and clinical knowledge on queer clients, and best practices. Lastly, the
LGBTQ+ Resource Center led 12 competency training workshops with nearly 600 people
in attendance.
Hosting community events has been critical in outreach and education efforts. The
program hosted Q-Prom onsite and Youth Prom at the local community college, reaching
200 attendees. We also held our yearly Illuminate Our Pride which strengthened alliances
within the different interactions of the queer community. The speakers discussed the
unique barriers faced by LGBTQ+ members of color across the spectrum of sexuality and
gender: obstacles in medical access, policing, and immigration. However, our most
significant achievement is our month-long fundraising campaign Give Out which raised
$20,000 towards trans medical needs. Outreach activities were supported by a base of
44 volunteers.
Program Impact:
The proposed program will improve trust in health for LGBTQ+ communities of color.
These measures will be achieved by facilitating access to LGBTQ+-friendly health
services, administering personalized, cultural-conscious systems of care, and linking
clients to core supportive services.
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Budget
Organization Name:Fresno County Economic Opportunities Commission
Project Type:2.10 Aid to Non-Profit Organizations
CALCULATED TOTAL: $ 100,000.00 $ - $ -
COST CATEGORY COST DESCRIPTION COST PER
UNIT/HRS ($)UNITS
TOTAL
REQUESTED
GRANT FUNDS
TOTAL
LEVERAGE
TOTAL PROJECT
COST
Personnel Case Manager $ 48,970.00 1 48,970.00 - 48,970.00
Personnel Community Outreach Educator $ 41,940.00 1 41,940.00 - 41,940.00
Administration Indirect Cost $ 9,090.00 1 9,090.00 - 9,090.00
BUDGET
LGBTQ+ Resource Center
Organization Name:Fresno County Economic Opportunities Commission
Project Category:2.10 Aid to Non-Profit Organizations
Type/Title Description Time Period Cost Breakdown Cost
Case Manager Will work directly with clients accessing the center with case management services and conducting
mindfulness workshops with participants.Throughout the Program 1 FTE @ $ 65,292 x
0.75 year (9 months) 48,970.00
Community Outreach
Educator
Will participate in outreach activities to promote the program and the services; monitor the drop-in space
and assist with peer-led support groups.Throughout the Program 1 FTE @ $55,920 x
0.75 year (9 months) 41,940.00
Personnel Total: 90,910.00
Type/Title Description Time Period Cost Breakdown Cost
Indirect Cost Fresno EOC Indirect Cost Rate 10%Throughout the Program 9,090.00 9,090.00
Administration Total: 9,090.00
Total Grant Amount: 100,000.00
Cost Category: Administration (No more than 10% of total award)
ARPA for Community Based Organizations
Cost Category: Personnel
Budget Narrative
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Reporting Schedule
Please see the following reporting deadlines that are required by this grant. All reports
will be due on the dates below to the City of Fresno Grants Management Unit.
Quarterly Report – will be required on the dates listed below and will include required
narrative, program metrics and expenses to date. A quarterly reporting template will be
provided. Quarterly reporting will be required if project is operational during the
performance period.
Annual Report – will be required on the date below and is not dependent on when your
project started. An annual reporting template will be provided. Annual reporting will be
required if project is operational during the performance period.
Performance Period Quarterly Report Due
Grant Execution – 3/31/2024 4/12/2024
4/1/2024 – 6/30/2024 7/12/2024
7/1/2024 – 9/30/2024 10/11/2024
10/1/2024 – 12/31/2024 1/8/2024
1/1/2025 – 3/31/2025 4/11/2025
Performance Period Annual Report Due
Grant Execution – 6/30/2024 7/12/2024
7/1/2024 – 6/30/2025 7/11/2025
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EXHIBIT B
Insurance Requirements
(a) Throughout the life of this Agreement, Grantee shall pay for and maintain in
full force and effect all insurance as required herein 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 City's Risk Manager or designee at any time and in his/her
sole discretion. If the Grantee is self-insured, the following requirements will outline the
responsibility of the self-insured coverage. The required policies of insurance as stated
herein shall maintain limits of liability of not less than those amounts stated therein.
However, the insurance limits available to the City and State and each of their 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 this Agreement or any extension, Grantee
fails 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 Grantee 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 Grantee of its
responsibilities under this Agreement. The phrase “fail to maintain any required
insurance” shall include, without 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 Grantee shall not be deemed to
release or diminish the liability of Grantee, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify the City and State by
Grantee 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 Grantee. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of Grantee,
vendors, suppliers, invitees, consultants, medical professionals, subcontractors,
consultants, or anyone employed directly or indirectly by any of them.
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
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liability (including, without limitation, indemnity obligations under this
Agreement) with limits of liability not less than those set forth under
“Minimum Limits of Insurance.”
2. The most current version of ISO *Commercial Auto Coverage Form CA 00
01, providing liability coverage arising out of the ownership, maintenance or
use of automobiles in the course of your business operations. The
Automobile Policy shall be written on an occurrence form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1- Any Auto).
3. Workers’ Compensation insurance as required by the State of California
and Employer’s Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate to Grantee’s
profession.
MINIMUM LIMITS OF INSURANCE
Grantee shall procure and maintain for the duration of the contract insurance with limits of
liability not less than those set forth below. However, insurance limits available to the City
and State and each of their officers, officials, employees, agents and volunteers as
additional insureds, shall be the greater of the minimum limits specified herein or the full
limit of any insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2,000,000 general aggregate applying separately to the work
performed under this 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 :
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 Policy Aggregate.
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UMBRELLA OR EXCESS INSURANCE
In the event Grantee 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 and State and each of their officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
Grantee shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and Grantee shall also be responsible for payment of any self-
insured retentions. Any self-insured retentions must be declared on the Certificate of
Insurance and approved by the City’s Risk Manager or designee. At the option of the
City’s Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such self-insured retentions as
respects the City and State or any of their officers, officials, employees,
agents and volunteers; or
(ii) Grantee shall provide a financial guarantee, satisfactory to City’s Risk
Manager or designee, guaranteeing payment of losses and related
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
(i) 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 calendar days’ written notice has been given to
the City, except ten days for nonpayment of premium. Grantee 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, Grantee
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, Grantee shall provide a new certificate, and
applicable endorsements, evidencing renewal of such policy not less than
fifteen calendar days prior to the expiration date of the expiring policy.
(ii) The Commercial General and Automobile Liability insurance policies shall
be written on an occurrence form.
(iii) The Commercial General and Automobile Liability insurance policies shall
be endorsed to name the City and State and each of their officers, officials,
agents, employees and volunteers as an additional insured. Grantee shall
establish additional insured status for the City and State for all ongoing and
completed operations under the Commercial General Liability policy by use
of ISO Forms or an executed manuscript insurance company endorsements
providing additional insured status. The Commercial General endorsements
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must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both
CG 20 10 & CG 20 37.
(iv) The Commercial General and Automobile Liability insurance shall contain,
or be endorsed to contain, that the Grantee’s insurance shall be primary to
and require no contribution from the City or State. The Commercial General
Liability policy is required to include primary and non-contributory coverage
in favor of the City and State for both the ongoing and completed operations
coverage. These coverages shall contain no special limitations on the scope
of protection afforded to the City and State and each of their officers,
officials, employees, agents and volunteers. If Grantee maintains higher
limits of liability than the minimums shown above, the City and State
requires and shall be entitled to coverage for the higher limits of liability
maintained by Grantee.
(v) 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.
(vi) For any claims related to this Agreement, Grantee’s insurance coverage
shall be primary insurance with respect to the City and State and each of
their officers, officials, agents, employees and volunteers. Any insurance
or self-insurance maintained by the City and State and each of their officers,
officials, agents, employees and volunteers shall be excess of the Grantee’s
insurance and shall not contribute with it.
(vii) The Workers’ Compensation insurance policy shall contain, or be endorsed
to contain, a waiver of subrogation as to the City and State and each of their
officers, officials, agents, employees and volunteers.
(viii) The Commercial General and Automobile Liability insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to the City
and State and each of their officers, officials, agents, employees and
volunteers.
If the Professional Liability (Abuse & Molestation) insurance policy is written on a claims-
made form:
1. The retroactive date must be shown and must be before the effective
date of this Agreement or the commencement of work by Grantee.
2. Insurance must be maintained, and evidence of insurance must be
provided for at least five (5) years after completion of this Agreement work
or termination of this Agreement, whichever occurs first, or, in the
alternative, the policy shall be endorsed to provide not less than a five (5)
year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of
this Agreement or the commencement of work by Grantee, Grantee must
purchase “extended reporting” coverage for a minimum of five (5) years
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completion of this Agreement work or termination of this 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 this
Agreement.
PROVIDING OF DOCUMENTS - Grantee shall furnish the City with all
certificate(s) and applicable endorsements effecting coverage required herein. All
certificates and applicable endorsements are to be received by City’s Risk
Manager within a reasonable time after execution of this Agreement. All non-
ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of the City, Grantee 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. All subcontractors working under the
direction of Grantee shall also be required to provide all documents noted herein.
SUBCONTRACTORS- If Grantee subcontracts any or all of the services to be
performed under this Agreement, Grantee shall be solely responsible for ensuring
that its subcontractors maintain insurance coverage at levels no less than those
required by applicable law and is customary in the relevant industry and shall
indemnify the City and State if failure to comply with this provision results in
damages to the City or the Grantee.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
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 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 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.
Explanation:
Signature
Date
(Name)
(Company)
(Address)
Additional page(s) attached.
(City, State Zip)
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Fresno, CA 93721
N/A
1920 Mariposa Mall STE 300
Emilia Reyes
X
X
Fresno Economic Opportunities Commission
X
X
2/27/2024
X
X
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