HomeMy WebLinkAboutFresno Area Hispanic Foundation Agreement -The Business Facade Improvement Prog - 8-14-23 DocuSign Envelope ID:1FE7910E-A783-4908-92E6-F8FA376A3C5C
AGREEMENT BETWEEN THE CITY OF FRESNO AND FRESNO AREA
HISPANIC FOUNDATION REGARDING ADMINISTRATION OF FUNDING UNDER
THE BUSINESS FACADE IMPROVEMENT PROGRAM
THIS 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 AREA HISPANIC FOUNDATION (ADMINISTRATOR).
RECITALS
WHEREAS, the CITY desires to provide funds to support improvements of small
business facades in Districts 1 and 4 in the City of Fresno (Project); and
WHEREAS, ADMINISTRATOR represents it desires to and is professionally and legally
capable of immediately providing these services for City of Fresno businesses; and
WHEREAS, ADMINISTRATOR acknowledges that grant funds being provided under
this Agreement will be derived from City of Fresno General Fund, and is subject to the
requirements of the Fresno Municipal Code; 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. ADMINISTRATOR 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. Compensation.
(a) The Consultant's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement shall be a total fee of $1,000,000.
Such fees include all expenses incurred by the Consultant in performance of such services.
(b) Detailed statements shall be rendered monthly and will be payable in the
normal course of City business.
3. 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 forth and effect
through December 31, 2024, 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.
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
ADMINISTRATOR'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.
ADMINISTRATOR shall not be entitled to any additional compensation if services are
performed prior to a signed written amendment.
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5. Termination Remedies and Farce Ma eure.
(a) This Agreement shall terminate without any liability of the City or to
ADMINISTRATOR upon the earlier of: (i) ADMINISTRATOR filing for protection under the
federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a
third party against ADMINISTRATOR; (ii) seven calendar days prior written notice with or
without cause by the City to ADMINISTRATOR; (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,
ADMINISTRATOR 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 ADMINISTRATOR that are
owned by the City. Subject to the terms of this Agreement, ADMINISTRATOR shall be paid
compensation for services satisfactorily performed prior to the effective date of termination.
ADMINISTRATOR 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 ADMINISTRATOR 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 ADMINISTRATOR, 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 ADMINISTRATOR, 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.
(e) ADMINISTRATOR shall provide the City with adequate written
assurances of future performance, upon the ADMINISTRATOR's request, in the event
ADMINISTRATOR fails to comply with any terms or conditions of this Agreement.
(f) ADMINISTRATOR shall be liable for default unless nonperformance is
caused by an occurrence beyond the reasonable control of ADMINISTRATOR 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. ADMINISTRATOR 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
ADMINISTRATOR pursuant to this Agreement shall not be made available to any individual or
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organization by ADMINISTRATOR without the prior written approval of the City. During the
term of this Agreement, and thereafter, ADMINISTRATOR 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
ADMINISTRATOR 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 the Agreement. Copies of grant
applications and supporting documents shall be promptly provided to City during the term of
this Agreement. ADMINISTRATOR shall not permit the reproduction or use thereof by any
other person except as otherwise expressly provided herein.
(c) If ADMINISTRATOR should subcontract all or any portion of the services
to be performed under this Agreement, ADMINISTRATOR 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 ADMINISTRATOR represents to the City that
ADMINISTRATOR 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 ADMINISTRATOR
and any subcontractors to do and perform such services in a skillful manner and the
ADMINISTRATOR 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 ADMINISTRATOR or any subcontractors from said professional standards.
8. Indemnification. To the furthest extent allowed by law, ADMINISTRATOR shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death at
any time and property damage), and from any and all claims, demands and actions in law or
equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain
to, or relate to the negligence, recklessness or willful misconduct of ADMINISTRATOR, its
principals, officers, employees, agents or volunteers in the performance of this Agreement.
If ADMINISTRATOR should subcontract all or any portion of the services to be
performed under this Agreement, ADMINISTRATOR shall require each subcontractor to
indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
9. Insurance. ADMINISTRATOR shall comply with all of the insurance
requirements in Exhibit C to this Agreement.
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10. Conflict of Interest and Non-Solicitation.
(a) Prior to the City's execution of this Agreement, ADMINISTRATOR shall
complete a City of Fresno conflict of interest disclosure statement in the form as set forth in
Exhibit D. During the term of this Agreement, ADMINISTRATOR shall have the obligation and
duty to immediately notify the City in writing of any change to the information provided by
ADMINISTRATOR in such statement.
(b) ADMINISTRATOR 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, ADMINISTRATOR shall provide a written opinion of its legal counsel
and that of any subcontractor that, after a due diligent inquiry, ADMINISTRATOR and the
respective subcontractor(s) are in full compliance with all laws and regulations.
ADMINISTRATOR 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, ADMINISTRATOR shall immediately notify the City of these
facts in writing.
(c) In performing the work or services to be provided hereunder,
ADMINISTRATOR 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) ADMINISTRATOR 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 ADMINISTRATOR, nor any of ADMINISTRATOR 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.
ADMINISTRATOR 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, ADMINISTRATOR shall remain responsible for complying with Section 10(b), above.
(f) If ADMINISTRATOR should subcontract all or any portion of the work to
be performed or services to be provided under this Agreement, ADMINISTRATOR 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. Recycling Program. In the event ADMINISTRATOR 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, ADMINISTRATOR at its sole cost and expense shall:
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(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by City's Solid Waste Management Division, for each office and facility.
Literature describing City recycling programs is available from City's Solid Waste Management
Division and by calling the City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact City's Solid Waste Management Division at (55) 621-
1452 and schedule a free waste audit and cooperate with such Division in their conduct of the
audit for each office and facility.
(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.
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) Records of ADMINISTRATOR'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 years after final payment or, if longer, for any period
required by law. In addition, all books, documents, papers, and records of ADMINISTRATOR
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 ADMINISTRATOR should subcontract all or any
portion of the services to be performed under this Agreement, ADMINISTRATOR 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, ADMINISTRATOR shall have
provided evidence to the City that ADMINISTRATOR is licensed to perform the services called
for by this Agreement (or that no license is required). If ADMINISTRATOR should subcontract
all or any portion of the work or services to be performed under this Agreement,
ADMINISTRATOR 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.
13. Nondiscrimination. To the extent required by controlling federal, state, and local
law, ADMINISTRATOR 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.
ADMINISTRATOR agrees as follows:
(a) ADMINISTRATOR 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
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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) ADMINISTRATOR 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. ADMINISTRATOR 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
ADMINISTRATOR'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. ADMINISTRATOR agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
(c) ADMINISTRATOR will, in all solicitations or advertisements for employees
placed by or on behalf of ADMINISTRATOR 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) ADMINISTRATOR 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 ADMINISTRATOR's
commitment under this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
(e) If ADMINISTRATOR should subcontract all or any portion of the services
to be performed under this Agreement, ADMINISTRATOR 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, ADMINISTRATOR is
acting solely as an independent contractor. Neither ADMINISTRATOR, 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 ADMINISTRATOR shall perform its work and functions.
However, the City shall retain the right to administer this Agreement so as to verify that
ADMINISTRATOR is performing its obligations in accordance with the terms and conditions
thereof.
(b) This Agreement does not evidence a partnership or joint venture between
ADMINISTRATOR and the City. ADMINISTRATOR shall have no authority to bind the City
absent the City's express written consent. Except to the extent otherwise provided in this
Agreement, ADMINISTRATOR shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, ADMINISTRATOR
and its officers, agents, and employees shall have absolutely no right to employment rights and
benefits available to City employees. ADMINISTRATOR shall be solely liable and responsible
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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, ADMINISTRATOR shall be
solely responsible, indemnify, defend and save the City harmless from all matters relating to
employment and tax withholding for and payment of ADMINISTRATOR'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, ADMINISTRATOR
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 parry'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.
16. Bid. 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 ADMINISTRATOR and there shall be no
assignment by ADMINISTRATOR of its rights or obligations under this Agreement without the
prior written approval of the City Manager or designee. Any attempted assignment by
ADMINISTRATOR, its successors or assigns, shall be null and void unless approved in writing
by the City Manager or designee.
(b) ADMINISTRATOR hereby agrees not to assign the payment of any
monies due ADMINISTRATOR 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 ADMINISTRATOR directly to the ADMINISTRATOR.
18. Compliance With Law. In providing the services required under this Agreement,
ADMINISTRATOR 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 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.
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.
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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 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 the
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. ALTERATION OF TERMS: No alterations or variations of the terms of this
Contract shall be valid unless made in writing and signed by both parties.
28. CONTRACT CHANGES: No changes or modifications to the Contract shall be
made unless agreed to and signed by both parties. No prior, current or post award verbal
agreement or agreements with any officer, agent or employee of the City shall affect or modify
any terms or obligations of these Specifications or any Contract resulting from this
procurement.
29. AMENDMENTS: The City of Fresno reserves the right to add, modify, or delete
items from the Contract including Special Conditions or Scope of Work. Any changes shall be
made only by means of a formal amendment signed by both the City and Contractor.
30. 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.
31. 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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32. 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 ADMINISTRATOR.
33. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any authority to
the City Manager to administer the Agreement, any delegation of authority must be expressly
included in the Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first above written.
[SIGNATURES FOLLOW ON NEXT PAGE.]
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CITY OF FRESNO, Fresno Area Hispanic Foundation,
a California municipal corporation a California nonprofit corporation
OocuSigned by:
1U111- 8/11/2023
BL By:
' . -t-
Georgeanne A. White Date
City Manager, City of Fresno Name:
Title: U
APPROVED AS TO FORM: (If corporation or LLC., Board Chair, Pres.
ANDREW JANZ or Vice Pres.)
City Attorn -
By: By.
,Angela M. rst Date Name: e. 0 14A,"b
Senior Deputy City Attorney
Title: rlT
ATTEST: (If corporation or LLC., CFO, Treasurer,
TODD STERMER, CMC Secretary or Assistant Secretary)
City bK:Sigricd by:
By: fi" gatr 8/14/2023
Deputy Tina Your Date
Addresses:
CITY:
City of Fresno Fresno Area Hispanic Foundation
Attention: Courtney Espinoza Attention: Yurubi Ramirez
Finance 1444 Fulton Street
2600 Fresno Street Fresno, CA 93721
Fresno, CA 93721 Phone: (559) 222-8705
Phone: (559) 621-7008
E-mail: courtney.espinoza@fresno.gov
Attachments:
1. Exhibit A- Scope of Work, Budget and Metrics
2. Exhibit B - Map of Qualified Area
3. Exhibit C - Insurance Requirements
4. Exhibit D - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF WORK, BUDGET AND METRICS
EXECUTIVE SUMMARY
The City of Fresno Small Business Facade Improvement Grant Program for District 1 and
District 4 (Program) provides a total of $1,000,000 for facade improvements of buildings and
eligible commercial businesses and/or non-profits located in the City of Fresno within Districts
1 and 4. The Program is designed to fund physical improvements to commercial buildings or
business facades visible from public rights-of-way. The intent is to strengthen the economic
vitality of Fresno by improving the exterior physical appearances of qualified businesses and/or
non-profits. The appearance of individual business and/or non-profits storefronts is believed to
have a significant influence on economic success. By improving their physical appearance,
businesses and/or non-profits will have a much greater potential for attracting and retaining
customers. This program shall be funded by the General Fund.
Funding of individual facade improvement projects will be provided for project costs that meet
specific criteria. The program provides for funding to an approved applicant of 100% of the
costs actually paid for certain facade improvements identified in the program with a maximum
reimbursement of up to $25,000 for single storefront properties and up to$50,000 for properties
with multiple storefronts. Only exterior renovations of existing businesses qualify. New
construction is NOT eligible under the Program. The funding will be split equally between
Districts 1 and 4; of the $450,000 allocated to District 4; up to $100,000 shall be prioritized for
non-profits.
GOALS AND OBJECTIVES
It is anticipated that the Program will provide 25 — 50 facade grants. This is dependent on the
number and type of qualified applications that are received and selected for funding. Eligible
program applicants shall be selected on a first come first serve basis.
BUDGET:
Facade Improvement Grants to Qualified $900,000 (To be split equally between
Businesses Districts 1 and 4.
Grant Management and Administration $ 100,000
■ Marketing
• Overhead
• Staffing
• Other grant management costs
■ Application assistance
TOTAL
$1,000,000
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PROGRAM QUALIFICATIONS AND CRITERIA:
Existing Properties Maximum Reimbursement: $25,000
with Sin le Storefront
Existing Properties Maximum Reimbursement: $50,000
with Multiple
Storefronts
Other Criteria 1) Applicant must be physically located and operating in
the City of Fresno in an area designated on the maps
attached in Districts 1 and 4 (Maps - Exhibit B).
2) Only EXTERIOR fagade renovations of EXISTING
businesses and/or non-profits are eligible.
3) All historic properties must comply with the Secretary
of the Interior Standards for the Rehabilitation of
Historic Structures and receive approval from the City
of Fresno Historic Preservation Commission.
4) Businesses within the boundary of the Tower District
Design Guidelines shall first obtain approval from the
Tower District Design Review Committee prior to
commencing any facade improvements.
5) All work must be performed by a verified licensed
contractor with a valid City of Fresno Business Tax
Certificate.
6) Preference will be given to locally owned and operated
businesses and/or non-profits.
7) Workforce — Businesses and non-profits must have 75
or fewer employees.
8) The following types of businesses are not eligible to I
receive grant funds: smoke shops, cannabis, and
liquor stores, banks, law firms, government offices.
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Other Eligibility 1. If a tenant business owner is applying, a signed letter
Requirements from the building owner approving the project must be
submitted.
2. Proof of appropriate insurance for contractor must be
provided.
3. Application must be completed and approved with all
proper documentation and required attachments
before work can begin.
4. Business that are owned (in whole or part) by City of
Fresno Staff, Councilmembers, Fresno Area Hispanic
Foundation Staff or their spouses or domestic partners '
are NOT eligible.
TIMELINE
The program timeline will be implemented as follows:
Months 1 - 2
1. FAHF will design the application and all marketing material. They will work with
community partners to develop material in the necessary languages including English,
Spanish, Hmong and Punjabi. All material will be approved by City of Fresno Staff, in
collaboration with District 1 and 4 Staff, before it is distributed publicly.
2. FAHF will develop a database for the enrollment and tracking of applicants/businesses
that participate in the program.
3. A landing page within the FAHF website will be developed to provide additional
information and allow potential participants to enroll directly online.
4. Once finalized/approved by the City, in collaboration with Districts 1 and 4; FAHF shall
begin marketing the Program via multiple media outlets including social media and direct
door-to-door outreach, which will begin and will continue until December 31, 2024, or all
funding is allocated, whichever comes first.
5. FAHF shall schedule workshops and information sessions at various locations through
identified corridors in Districts 1 and 4, as approved by these council districts to promote
the program and answer questions.
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Month 3 — program end
1. Applications and documentation will be received and assessed based on the eligibility
qualifications above. FAHF must ensure that applications deemed qualified comply with
these guidelines before proceeding with a grant.
2. FAHF Staff will track all applicants/applications.
3. Once approved, a portion of the grant amount (up to $12,500 for singular storefronts
and $25,000 for multiple storefronts) will be provided up front to the qualified business
and/or non-profits.
4. Once the project is completed, and proof of all work and costs is submitted, the
remainder of the funding (up to $25,000 for single storefronts and $50,000 for multiple
storefronts) will be provided to the applicant.
Marketing and technical assistance may be subcontracted to partner organizations as needed
in an effort to effectively market to and assist qualified businesses in Fresno, only upon prior
written approval of City.
PROJECT REPORTING AND METRICS
1. FAHF will keep track of the following program metrics and will provide the City of Fresno
and Districts 1 and 4 with reports as needed showing, at a minimum, the following:
a. Number of small businesses reached.
b. Number of applications received and status of each.
c. Names and relevant information (address, ownership info, Council District and
demographic information) for each business that submits an application (funded
AND not funded).
d. Detailed information on businesses that have been awarded including
reimbursements received/due, work done or planned, before and after photos,
demographic information, address, ownership info, Council District...etc.
e. Number of applicants/businesses that accessed loan funds from FAHF to cover
additional costs of facade improvements.
f. Number of one-on-one consultation hours provided.
g. Number of businesses that received technical assistance.
h. Information on outreach methods used.
i. Industries of businesses awarded.
j. Number of applicants/businesses that have received reimbursements from the
City of Fresno and corresponding dollar amounts/amounts due.
k. Status of applicants'/businesses' facade improvement projects.
I. Any other information deemed necessary by the City of Fresno.
FAHF will track the processes within their management system and provide monthly updates
to staff.
Quarterly Reports — 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.
Final Annual Reports — will be required on the dates below and are not dependent on when
your project started. An annual reporting template will be provided. Annual reporting will be
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required if project is operational during the performance period.
Performance Period Quarterly Report Due
Grant Execution — 10/31/2023 11/16/2023
11/1/2023 - 1/31/2024 2/15/2024
2/1/2024 - 4/30/2024 5/15/2024
5/1/2024-6/30/2024 7/15/2024
Performance Period Final Report Due
Grant Execution —6/30/2024 7/15/2024
In order to disburse additional funding, an audit will be done to show the progress of the
program.
ALL FUNDING MUST BE ALLOCATED BY 12/31/2023 and EXPENDED by 6/3012024.
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EXHIBIT B
Maps of Qualified Area
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District 1
1�
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District 4
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3
Remo Qi5C0'1Cfy Center
Pa C_JiWly mis a6me ?
f.i ,t7 Rx x 'rh ilpry hyr
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EXHIBIT C
INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement. ADMINISTRATOR 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 ADMINISTRATOR 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 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 the Agreement or any extension,
ADMINISTRATOR 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 ADMINISTRATOR shall be withheld until notice is received by CITY that
the required insurance has been restored to full force and effect and that the premiums
therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required
insurance shall be sufficient cause for CITY to terminate this Agreement. No action taken by
CITY pursuant to this section shall in any way relieve ADMINISTRATOR of its responsibilities
under this Agreement. The phrase "fail to maintain any required insurance" shall include,
without limitation, notification received by CITY that an insurer has commenced proceedings,
or has had proceedings commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by ADMINISTRATOR shall not be deemed to
release or diminish the liability of ADMINISTRATOR, including, without limitation, liability under
the indemnity provisions of this Agreement. The duty to indemnify CITY and STATE by
ADMINISTRATOR 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 ADMINISTRATOR. Approval or purchase of any insurance
contracts or policies shall in no way .relieve from liability nor limit the liability of
ADMINISTRATOR, 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 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
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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
ADMINISTRATOR's profession.
MINIMUM LIMITS OF INSURANCE
ADMINISTRATOR 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 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 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:
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event ADMINISTRATOR 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
ADMINISTRATOR shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and ADMINISTRATOR 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:
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(i) The insurer shall reduce or eliminate such self-insured retentions as respects
CITY and STATE or any of their officers, officials, employees, agents and
volunteers; or
ADMINISTRATOR 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 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 CITY, except
ten days for nonpayment of premium. ADMINISTRATOR 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, ADMINISTRATOR shall furnish CITY with a
new certificate and applicable endorsements for such policy(ies). In the event
any policy is due to expire during the work to be performed for CITY,
ADMINISTRATOR 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 CITY and STATE and each of their officers, officials, agents,
employees and volunteers as an additional insured. ADMINISTRATOR 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
must be as broad as that contained in ISO Forms: GC 20 10 11 85 or both CG
2010 & CG2037.
(iv) The Commercial General and Automobile Liability insurance shall contain, or be
endorsed to contain, that the ADMINISTRATOR'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 CITY and STATE and each of their officers, officials,
employees, agents and volunteers. If ADMINISTRATOR maintains higher limits
of liability than the minimums shown above, CITY and STATE requires and shall
be entitled to coverage for the higher limits of liability maintained by
ADMINISTRATOR.
(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.
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(vi) For any claims related to this Agreement, ADMINISTRATOR'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
ADMINISTRATOR'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 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 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 the
Agreement or the commencement of work by ADMINISTRATOR.
2. Insurance must be maintained, and evidence of insurance must be provided for
at least five (5) years after completion of the Agreement work or termination of the
Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed to
provide not less than a five (5) year discovery period.
3. If coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the effective date of the Agreement or
the commencement of work by ADMINISTRATOR, ADMINISTRATOR must purchase
"extended reporting" coverage for a minimum of five (5) years completion of the
Agreement work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
PROVIDING OF DOCUMENTS - ADMINISTRATOR shall furnish 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 CITY, ADMINISTRATOR shall immediately
furnish CITY with a complete copy of any insurance policy required under this
Agreement, including all endorsements, with said copy certified by the underwriter to be
a true and correct copy of the original policy. This requirement shall survive expiration
or termination of this Agreement. All subcontractors working under the direction of
ADMINISTRATOR shall also be required to provide all documents noted herein.
SUBCONTRACTORS - If ADMINISTRATOR subcontracts any or all of the services to
be performed under this Agreement, ADMINISTRATOR 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 CITY and STATE if failure to comply with this provision results in damages to
the CITY or the ADMINISTRATOR.
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EXHIBIT D
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 ❑ V
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 ❑ 0!
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:
5A r
Date _
(Na ) 17
(Company)--
I��
(Address)
Additional pages) attached. hG ��
(City, Stat Zip)
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