HomeMy WebLinkAboutChinatown Fresno Foundation - Community Development Block Subrecipient Agreement - 07.01.23DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
CITY OF FRESNO
COMMUNITY DEVELOPMENT BLOCK SUBRECIPIENT AGREEMENT
THIS AGREEMENT entered this 1st day of July, 2023, by and between the City of
Fresno, California, a municipal corporation, acting by and through its Planning and
Development Department — Housing and Community Development Division,
(GRANTEE) and CHINATOWN FRESNO FOUNDATION (SUBRECIPIENT).
WHEREAS, the U.S. Department of Housing and Urban Development,
hereinafter referred to as "HUD", provides funding under its Community
Development Block Grant Program, hereinafter "CDBG", as authorized under Title
I of the Housing and Community Development Act of 1974, as amended, and
implemented under Title 24 of the Code of Federal Regulations, hereinafter
collectively referred to as the "Act", incorporated herein by its reference; and
WHEREAS, GRANTEE is a recipient of CDBG funding for fiscal year 2024
for use in funding eligible activities furthering established national objectives to
benefit its low and moderate- income residents as defined in the Act; and
WHEREAS, GRANTEE in accordance with its 2020-2024 Consolidated
Plan and FY 2023-2024 Annual Action Plan, as amended, desires to provide
CDBG funds to SUBRECIPIENT, for activities and services, as more fully
described in Exhibit A, Scope of Services, upon the terms and conditions in this
Agreement; and
WHEREAS, pursuant to City Resolution No. 2023-134, the City Manager is
authorized to execute CDBG Agreements, on behalf of GRANTEE, that are within
available allocated CDBG funding and in a standard form approved by the City
Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that:
1. TERM
The term of this Agreement shall commence on July 1, 2023, and unless
terminated earlier pursuant to the terms of this Agreement, shall continue until
June 30, 2024. The term of this Agreement and the provisions herein shall be
extended to cover any additional time period during which SUBRECIPIENT
remains in control of CDBG funds or other CDBG assets, including Program
Income.
2. SCOPE OF WORK
SUBRECIPIENT will be responsible for administering services in a manner
satisfactory to GRANTEE and consistent with any standards required as a
condition of providing these funds. GRANTEE will also perform the services set
forth in Exhibit A entitled "Scope of Work" attached hereto and incorporated by
reference herein and made a part hereof.
SUBRECIPIENT shall administer the Program for the whole of the term of the
Agreement. SUBRECIPIENT shall administer the Program in compliance with the
CDBG Subrecipient Agreement 2023 - 4/27/2023 1
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
CDBG requirements and in a manner that meets the CDBG national objective(s)
of 24 CFR 570.208.
GRANTEE will monitor the performance of SUBRECIPIENT against goals and
performance standards as stated above. Substandard performance as
determined by GRANTEE will constitute noncompliance with this Agreement. If
action to correct such substandard performance is not taken by SUBRECIPIENT
within a reasonable amount of time after being notified by GRANTEE, contract
suspension or termination procedures will be initiated.
3. RECORDS AND REPORTS
On a quarterly basis, SUBRECIPIENT shall submit to GRANTEE, on the form
provided by the GRANTEE as EXHIBIT F, a completed performance report
providing the requested information and data. The performance report shall be
submitted within thirty days of the close of each quarter.
SUBRECIPIENT shall ensure the CDBG grant funds provided by GRANTEE are
clearly identified as a subaward and include the following information:
■ SUBRECIPIENT NAME:
■ Subrecipient ID (UEI#):
• Federal Award Identification Number: (CDBG Grant#)
• Federal Award Date:
Period of Performance:
■ Federal Funds Obligated by this Agreement:
• Total Federal Funds Obligated to SUBRECIPIENT:
• Total Amount of the Federal Award:
• Federal Award project description:
• Name of Federal awarding agency: Dept. of Housing Urban
Development
• Name of pass -through entity: City of Fresno, California
• Award Official Contact Information: Name and Address
• CFDA Number: 14.218
• CFDA Name: Community Development Block Grant
• Identification of R&D: No
■ Indirect cost rate for the Federal award: 10%
SUBRECIPIENT shall maintain all records required by the Federal regulations
specified in 24 CFR 570.506 that are pertinent to the activities funded under this
Agreement. Such records shall include but not be limited to:
a) A full description of each activity undertaken;
b) Records demonstrating each activity undertaken meets one of the
National Objectives of the CDBG program;
c) Records required to determine the eligibility of activities;
d) Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
CDBG Subrecipient Agreement 2023 - 4/27/2023 2
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
e) Records documenting compliance with the fair housing and equal
opportunity components of the CDBG program;
f) Financial records as required by 2 CFR Part 200 as amended by 24
CFR 570.502, and
g) Other records necessary to document compliance with Subpart K of
24 CFR Part 570.
SUBRECIPIENT shall retain all project files, financial records, and any other
documents related to the Program for a period of three years from the date of the
close out of this Agreement, except in the following cases:
If any litigation, claim, or audit is started before the expiration of the
three-year period, the records must be retained until all litigation,
claims, or audit findings involving the records have been resolved
and final action taken.
When the SUBRECIPIENT is notified in writing by the GRANTEE to
extend the retention period.
Records for real property and equipment acquired with Federal funds
must be retained for three years after final disposition.
GRANTEE shall monitor and evaluate SUBRECIPIENT's performance under this
Agreement to determine compliance with this Agreement and CDBG
requirements. SUBRECIPIENT shall cooperate with GRANTEE and any federal
auditors authorized by GRANTEE and shall make available all information,
documents, and records reasonably requested and shall provide GRANTEE the
reasonable right of access to both records and personnel during normal business
hours for the purpose of assuring compliance with this Agreement and evaluating
performance hereunder. The rights of access in this section are not limited to the
required retention period but last as long as the records are retained.
4. METHOD OF PAYMENT
Grant funds shall be disbursed to reimburse SUBRECIPIENT in accordance with
the Proposed Budget attached hereto as Exhibit B and incorporated herein.
SUBRECIPIENTS' sole source of compensation hereunder will be in the form of a
grant of CDBG funds as described herein. It is expressly agreed and understood
that the total amount to be paid by GRANTEE under this Agreement shall not
exceed FORTY THOUSAND DOLLARS ($40,000). SUBRECIPIENT shall submit
to GRANTEE a request for payment, in a form acceptable to GRANTEE, on a
monthly basis for the term of the Agreement. Said request shall be accompanied
with supporting documentation, including but not limited to paid receipts, invoices
and timesheets, to allow GRANTEE to determine compliance with applicable
federal regulations, including cost allowability.
GRANTEE shall pay all approved requests for payment pursuant to this Agreement
within the normal course of business, typically within 30 days of receipt. If
GRANTEE disallows any cost submitted by SUBRECIPIENT, within ten business
days GRANTEE will provide written notification to SUBRECIPIENT of the
disallowance, including any corrective action necessary to process payment.
CDBG Subrecipient Agreement 2023 - 4/27/2023 3
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
All funds are paid contingent upon SUBRECIPIENT's continuous compliance with
all applicable, uniform administrative requirements, program regulations, and
recapture and reversion requirements set out in the Act. Any unearned or
recaptured CDBG funding shall be returned to GRANTEE within thirty days of the
earlier of: termination of this Agreement or notice by GRANTEE. Any interest
earned or received by SUBRECIPIENT thereon shall be remitted to the
GRANTEE.
An authorized official for SUBRECIPIENT must provide a signed certification with
each request that states the following: "By signing this report, I certify to the best
of my knowledge and belief that the report is true, complete, and accurate, and the
expenditures, disbursements and cash receipts are for the purposes and
objectives set forth in the terms and conditions of the Federal award. I am aware
that any false, fictitious, or fraudulent information, or the omission of any material
fact, may subject me to criminal, civil or administrative penalties for fraud, false
statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title
31, Sections 3729-3730 and 3801-3812)."
SUBRECIPIENT understands and agrees the availability of CDBG funds is subject
to the control of HUD, or other federal agencies, and should the CDBG funds be
encumbered, withdrawn or otherwise made unavailable to GRANTEE, whether
earned by or promised to SUBRECIPIENT, and/or should GRANTEE in any fiscal
year hereunder fail to allocate CDBG funds, GRANTEE shall not provide said
funds unless and until they are made available for payment to GRANTEE by HUD
and GRANTEE receives and allocates said funds. No other funds owned or
controlled by GRANTEE shall be obligated under this Agreement to the Project(s).
5. PROGRESSIVE EXPENDITURE DEADLINE AND REQUEST FOR
PAYMENT DEADLINES
In order to expend the HUD CDBG funding in a timely manner, the
SUBRECIPIENT shall expend 25% of the Grant Award by September 30, 2023;
50% of the Grant Award by December 31, 2023; 75% of the Grant Award by March
31, 2024; and 100% of the Grant Award by June 30, 2024. SUBRECIPIENT shall
make Progressive Reimbursement Request Deadlines of eligible CDBG
expenditures within 30 days of the respective Progressive Expenditure Deadlines.
SUBRECIPIENT shall make reimbursement requests no later than 30 days after
Progressive Expenditure Deadlines as follows: a request for reimbursement of an
amount not less than 25% of the Grant Award's allowed cost must be made by
October 31, 2023; a request for reimbursement of an amount not less than 50% of
the Grant Award's allowed cost must be made by January 31, 2024; a request for
reimbursement of an amount not less than 75% of the Grant Award's allowed cost
must be made by April 30, 2024; and a request for reimbursement of an amount
not less than 100% of the Grant Award's allowed cost must be made by July 31,
2024. Failure to meet the expenditure deadlines outlined in Exhibit G will result in
the recapture of an amount equal to the difference between the required
expenditure by the applicable deadline and the actual expenditure by the deadline.
6. PROGRAM INCOME
CDBG Subrecipient Agreement 2023 - 4/27/2023 4
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
Any income generated by SUBRECIPIENT from the use of CDBG funds governed
by this Agreement shall be considered CDBG program income. All CDBG program
income (as defined at 24 CFR 570.500(a)) shall be retained by SUBRECIPIENT
for the term of this Agreement. The use of all CDBG program income is reserved
specifically for services outlined in the Scope of Work and is subject to the terms
of this Agreement.
7. UNIFORM ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT shall adhere to and follow the Uniform Administrative
Requirements found in the U.S. federal regulations at 2 CFR Part 200.
SUBRECIPIENT shall establish and maintain effective internal control over CDBG
funds made available through this Agreement to provide reasonable assurance
that the Program is administered in compliance with applicable federal statutes,
regulations, and the terms and conditions of this Agreement. This includes
evaluation and internal monitoring of the Program and prompt, appropriate action
when instances of noncompliance are identified.
SUBRECIPIENT shall follow a written procurement policy that allows for full and
open competition that meets the minimum standards of the U.S. federal regulations
at 2 CFR 200.317 through 200.326.
SUBRECIPIENT shall take reasonable measures to safeguard protected
personally identifiable information and other information GRANTEE designates as
sensitive consistent with applicable Federal, state and local laws regarding privacy
and obligations of confidentiality.
SUBRECIPIENT will use its best efforts to afford smal9 businesses, minority
business enterprises, and women's business enterprises the maximum practicable
opportunity to participate in the performance of this Agreement. As used in this
Agreement, the terms "small business" means a business that meets the criteria
set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632),
and "minority and women's business enterprise" means a business at least 51 %
owned and controlled by minority group members or women. SUBRECIPIENT
may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
SUBRECIPIENT is prohibited from using CDBG funds or personnel employed in
the administration of the program for: political activities; inherently religious
activities; lobbying; political patronage; and nepotism activities.
SUBRECIPIENT shall comply with the requirements of the Secretary of Labor in
accordance with the Davis -Bacon Act as amended, the provisions of Contract
Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other
applicable Federal, state and local laws and regulations pertaining to labor
standards insofar as those acts apply to the performance of this Agreement.
SUBRECIPIENT shall comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at
29 CFR Part 5. SUBRECIPIENT shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part.
CDBG Subrecipient Agreement 2023 - 4/27/2023 5
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
SUBRECIPIENT agrees that no funds provided, nor personnel employed under
this Agreement, shall be in any way or to any extent engaged in the conduct of
political activities.
SUBRECIPIENT shall maintain a financial management system that identifies all
federal awards received and expended and the federal programs under which they
were received, including:
The CFDA title and number,
m Federal award identification number and year,
m Name of the Federal agency, and
Name of the pass -through entity, if any.
SUBRECIPIENT shall follow written financial management policies and
procedures that, at a minimum, provide for:
Determination of allowable costs in accordance with the terms and
conditions of this Agreement and the federal cost principles
published in the U.S. federal regulations at 2 CFR 200 Subpart E;
Effective control over, and accountability for, all funds, property, and
other assets to ensure all assets are safeguarded and they are used
solely for authorized purposes; and
Accurate financial reporting on federal awards, authorizations,
obligations, unobligated balances, assets, expenditures, income and
interest and be supported by source documentation.
8. AUDIT REQUIREMENTS
Within thirty days of the close of SUBRECIPIENT's fiscal year, SUBRECIPIENT
shall provide to GRANTEE a certification stating the total amount of federal awards
expended in the fiscal year. The certification shall be signed by an authorized
official.
SUBRECIPIENT agrees to have a single or program -specific audit conducted in
accordance with the provisions of 2 CFR 200 Subpart F if SUBRECIPIENT
expends $750,000 or more in federal awards during any fiscal year that overlaps
with the term of this Agreement. SUBRECIPIENT shall submit a copy of the audit
to GRANTEE and the Federal Audit Clearinghouse (FAC) within thirty calendar
days after receipt of the auditor's report(s). SUBRECIPIENT shall make copies of
the audit available for public inspection for three years from the date of submission
to the FAC.
GRANTEE shall issue a management decision for audit findings that relate to this
Agreement within six months of acceptance of the audit report by the FAC.
9. USE AND REVERSION OF ASSETS
SUBRECIPIENT shall transfer to GRANTEE any CDBG funds on hand and any
accounts receivable attributable to the use of funds under this Agreement at the
time of expiration, cancellation, or termination. The use and disposition of real
CDBG Subrecipient Agreement 2023 - 4/27/2023 6
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
property and equipment under this Agreement shall be in compliance with the
requirements of 24 CFR 570.502-504, as applicable.
10. CONFLICT OF INTEREST
SUBRECIPIENT shall maintain written standards of conduct covering conflicts of
interest and governing the performance of its employees engaged in the selection,
award and administration of contracts. The standards of conduct must provide for
disciplinary actions to be applied for violations of such standards by officers,
employees, or agents of SUBRECIPIENT. If SUBRECIPIENT has a parent,
affiliate, or subsidiary organization, the standards of conduct must cover
organizational conflicts of interest to ensure SUBRECIPIENT is able to be impartial
in conducting a procurement action involving a related organization.
At a minimum, the standards of conduct shall include any person who is an
employee, agent, consultant, officer, or elected official or appointed official of
SUBRECIPIENT. No covered persons who exercise or have exercised any
functions or responsibilities with respect to CDBG activities assisted under this
part, or who are in a position to participate in a decision making process or gain
inside information with regard to such activities, may obtain a financial interest or
benefit from a CDBG-assisted activity, or have a financial interest in any contract,
subcontract, or agreement with respect to a CDBG-assisted activity, or with
respect to the proceeds of the CDBG-assisted activity, either for themselves or
those with whom they have business or immediate family ties, during their tenure
or for one year thereafter.
Both SUBRECIPIENT and any subcontractors shall complete a Disclosure of
Conflict of Interest From included as Exhibit D. Upon written request, GRANTEE
may grant an exception to the conflict of interest provisions on a case -by -case
basis.
11. OTHER PROGRAM REQUIREMENTS
SUBRECIPIENT agrees to administer the services in compliance with all
applicable City, State, and Federal guidelines including, but not limited to the
following federal program requirements as now in effect and as may be amended
from time to time:
Section 109 of the Housing and Community Development Act of 1974 requires that
no person in the United States shall on the grounds of race, color, national origin,
religion, or sex be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity receiving Federal
financial assistance made available pursuant to the Act. Section 109 also directs
that the prohibitions against discrimination on the basis of age under the Age
Discrimination Act and the prohibitions against discrimination on the basis of
disability under Section 504 shall apply to programs or activities receiving Federal
financial assistance under Title I programs.
Equal Opportunity requirements as described in Executive Order 11246, as
amended by Executive Orders 11375, 11478, 12086, and 12107.
CDBG Subrecipient Agreement 2023 - 4/27/2023 7
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
Equal Protection of the Laws for Faith -Based and Community Organizations as
described in Executive Order 13279 and the implementing regulations at 41 CFR
chapter 60.
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u)
and implementing regulations at 24 CFR part 135.
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the
Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this
part apply.
Exclusion of Debarred and Suspended Contractor requirements as described in 2
CFR Part 180.
Certain newly legalized aliens, as described in 24 CFR part 49, are not eligible to
apply for CDBG benefits, including financial assistance, public services, jobs and
access to new or rehabilitated housing and other facilities made available with
CDBG. Benefits do not include relocation services and payments to which persons
displaced are entitled by law (24 CFR §570.613).
A building or facility designed, constructed, or altered with CDBG funds governed
by this Agreement that meets the definition of "residential structure" as defined in
24 CFR 40.2 or the definition of "building" as defined in 41 CFR 101-19.602(a) is
subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C.
4151-4157) and shall comply with the Uniform Federal Accessibility Standards
(appendix A to 24 CFR part 40 for residential structures, and appendix A to 41
CFR part 101-19, subpart 101-19.6, for general type buildings).
The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218
and 225) (ADA) provides comprehensive civil rights to individuals with disabilities
in the areas of employment, public accommodations, State and local government
services, and telecommunications.
The contract provisions for non-federal entity contract under federal awards as set
forth in Exhibit E.
12. CLOSEOUT AND REVERSION OF ASSETS
GRANTEE will close out this Agreement when it determines that all applicable
administrative actions and all required work of the Agreement have been
completed by SUBRECIPIENT.
Unless provided an extension through written notification by GRANTEE,
SUBRECIPIENT shall complete the following actions no later than thirty calendar
days after the end date of the term of this Agreement:
Submit, all financial, performance, and other reports as required by
the terms of this Agreement;
Liquidate all obligations incurred under the Agreement; and
Transfer to GRANTEE any accounts receivable attributable to the
use of CDBG funds, including CDBG program income.
CDBG Subrecipient Agreement 2023 - 4/27/2023 8
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
Notwithstanding the expiration or earlier termination of this Agreement,
SUBRECIPIENT's obligations to GRANTEE shall not terminate until all closeout
requirements are completed. The following obligations of SUBRECIPIENT shall
survive the termination of this Agreement:
• SUBRECIPIENT'S indemnity obligations;
• the obligation to cause audits to be performed relating to
SUBRECIPIENT'S activities and costs under this Agreement;
the obligation to repay to GRANTEE any CDBG proceeds improperly
disbursed to SUBRECIPIENT or disbursed for ineligible
expenditures;
any other obligations which cannot by their nature be performed until
after the expiration of the Agreement such as the submittal of final
payment request and performance reports.
Any real or personal property purchased in whole or in part with CDBG funds
provided under this Agreement are subject to the following requirements that shall
survive the termination of this Agreement:
Insurance and reporting requirements regarding real and personal
property acquired with federal funds in accordance with the uniform
administrative requirements contained in the U.S. federal regulations
published at 2 CFR Part 200; and
For real property under SUBRECIPIENT's control that was acquired
or improved in whole or in part with CDBG funds in excess of
$25,000, said property shall be used to meet one of the national
objectives in 24 CFR 570.208 for five years after close out of this
Agreement. If the property is disposed of within five years of the close
out of this Agreement, SUBRECIPIENT shall reimburse GRANTEE
the percentage of the current fair market value of the property equal
to the percentage of CDBG funds expended to the overall acquisition
and improvement cost of the property.
13. SUSPENSION AND TERMINATION
Termination for Convenience. This Agreement may be terminated by either party
if SUBRECIPIENT and GRANTEE mutually agree in writing to its termination and
upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated.
Furthermore, GRANTEE may suspend or terminate this Agreement if
SUBRECIPIENT materially fails to comply with any terms of this Agreement.
If, through any cause, the SUBRECIPIENT fails to fulfill in timely and proper
manner its obligations under this Agreement, ineffectively or improperly use funds
provided under this Agreement, or if SUBRECIPIENT shall violate any of the
covenants, agreements, or stipulations of this Agreement, GRANTEE shall
thereupon have the right to terminate this Agreement by giving written notice to
CDBG Subrecipient Agreement 2023 - 4/27/2023 9
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
SUBRECIPIENT of such termination and specifying the effective date thereof, at
least five days before the effective date of such termination. In such event, all
finished or unfinished documents and reports prepared by SUBRECIPIENT under
this Agreement shall, at the option of GRANTEE, become its property and
SUBRECIPIENT shall be entitled to receive just and equitable payment for any
satisfactory work completed subject to the limitations of this Agreement.
14. MANDATORY DISCLOSURES
SUBRECIPIENT shall provide written notice to the GRANTEE within five days of
all potential conflicts of interest and violations of criminal law involving fraud,
bribery, or gratuity violations potentially affecting this Agreement. Failure to make
required disclosures can result in termination of the Agreement and suspension or
debarment from future federal awards.
15. FINDINGS CONFIDENTIAL
Any reports, information or data given to or prepared by SUBRECIPIENT
concerning GRANTEE under this Agreement shall not be made available to any
individual or organization by SUBRECIPIENT without first submitting them to
GRANTEE.
16. GENERAL CONDITIONS
SUBRECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and City laws, ordinances and codes. Should a Project receive
additional funding after the commencement of this Agreement, SUBRECIPIENT
shall notify GRANTEE in writing within thirty days of receiving notification from the
funding source and submit a cost allocation plan for approval by GRANTEE within
forty-five days of said official notification.
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 570 (the U.S. Housing and Urban Development
regulations concerning Community Development Block Grants (CDBG)) including
subpart K of these regulations, except that (1) SUBRECIPIENT does not assume
the recipient's environmental responsibilities described in 24 CFR 570.604 and (2)
SUBRECIPIENT does not assume the recipient's responsibility for initiating the
review process under the provisions of 24 CFR Part 52. SUBRECIPIENT further
agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
SUBRECIPIENT shall provide Workers' Compensation Insurance coverage for
all of its employees involved in the performance of this Agreement.
SUBRECIPIENT shall comply with the bonding and insurance requirements set
forth in 2 CFR Part 200. The SUBRECIPIENT shall additionally carry sufficient
insurance and bond coverage as set forth in Exhibit C.
SUBRECIPIENT shall subcontract all work or services through written contract or
agreement subject to each provision of this Agreement and applicable City, State
and Federal guidelines and regulations. Prior to execution of any subcontract
hereunder, such subcontracts must be submitted by SUBRECIPIENT to
CDBG Subrecipient Agreement 2023 - 4/27/2023 10
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
GRANTEE for its review and approval, which will specifically include a
determination of compliance. None of the work or services covered by this
Agreement, including but not limited to consultant work or services, shall be
subcontracted by SUBRECIPIENT or reimbursed by GRANTEE without prior
written approval.
17. INDEPENDENT CONTRACTOR
In furnishing the services provided for herein, SUBRECIPIENT is acting solely as
an independent contractor. Neither SUBRECIPIENT, nor any of its officers, agents
or employees shall be deemed an officer, agent, employee, joint venturer, partner
or associate of GRANTEE for any purpose. GRANTEE shall have no right to
control or supervise or direct the manner or method by which SUBRECIPIENT
shall perform its work and functions. However, GRANTEE shall retain the right to
administer this Agreement so as to verify that SUBRECIPIENT is performing its
obligations in accordance with the terms and conditions thereof.
This Agreement does not evidence a partnership or joint venture between
SUBRECIPIENT and GRANTEE. SUBRECIPIENT shall have no authority to bind
GRANTEE absent GRANTEE's express written consent. Except to the extent
otherwise provided in this Agreement, SUBRECIPIENT shall bear its own costs
and expenses in pursuit thereof.
Because of its status as an independent contractor, SUBRECIPIENT and its
officers, agents and employees shall have absolutely no right to employment rights
and benefits available to GRANTEE's employees. SUBRECIPIENT 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, SUBRECIPIENT shall be solely responsible, indemnify,
defend and save GRANTEE harmless from all matters relating to employment and
tax withholding for and payment of SUBRECIPIENT'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 GRANTEE employment benefits, entitlements,
programs and/or funds offered employees of GRANTEE 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,
SUBRECIPIENT may be providing services to others unrelated to GRANTEE or to
this Agreement.
18. INDEMNIFICATION
To the furthest extent allowed by law, SUBRECIPIENT shall indemnify, hold
harmless and defend GRANTEE and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures,
costs and damages (whether in Contract, tort or strict liability, including, but not
limited to personal injury, death at any time and property damage) incurred by
GRANTEE, SUBRECIPIENT or any other person, and from any and all claims,
CDBG Subrecipient Agreement 2023 - 4/27/2023 11
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
demands and actions in law or equity (including attorney's fees and litigation
expenses), arising or alleged to have arisen directly or indirectly out of
performance of this Agreement. SUBRECIPIENT's obligations under the
preceding sentence shall apply regardless of whether GRANTEE or any of its
officers, officials, employees, agents or volunteers are passively negligent, but
shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages
caused by the active or sole negligence, or willful misconduct, of GRANTEE or any
of its officers, officials, employees, agents or volunteers.
If SUBRECIPIENT should contract or subcontract all or any portion of the work to
be performed under this Agreement, SUBRECIPIENT shall require each
SUBRECIPIENT and/or subcontractor to indemnify, hold harmless and defend
GRANTEE 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.
19. INSURANCE REQUIREMENTS
(a) Throughout the life of this Agreement, SUBRECIPIENT shall pay for and
maintain in full force and effect all insurance as required in Exhibit C 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 his/her designee at any time and in his/her sole discretion.
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, its officers, officials, employees, agents and volunteers as
additional insureds, shall be the greater of the minimum limits specified therein or
the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension,
SUBRECIPIENT or any of its subcontractors fail to maintain any required
insurance in full force and effect, all services and work under this Agreement shall
be discontinued immediately, and all payments due or that become due to
SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT shall not be
deemed to release or diminish the liability of SUBRECIPIENT, including, without
limitation, liability under the indemnity provisions of this Agreement. The duty to
indemnify CITY shall apply to all claims and liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon
CDBG Subrecipient Agreement 2023 - 4/27/2023 12
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
the amount of indemnification to be provided by SUBRECIPIENT. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability
nor limit the liability of SUBRECIPIENT, vendors, suppliers, invitees, contractors,
sub -contractors, subcontractors, or anyone employed directly or indirectly by any
of them.
20. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile or
other electronic means. Any notice delivered or sent as aforesaid shall be effective
on the date of delivery or sending. All notices and other written communications
under this Agreement shall be addressed to the individuals in the capacities
indicated below, unless otherwise modified by subsequent written notice.
Communication and details concerning this Agreement shall be directed to the
following contract representatives:
GRANTEE
City of Fresno
Planning and Development
Department, Housing
and Community Development Division
2600 Fresno Street Room 3065
Fresno, CA 93721
21. AMENDMENTS
SUBRECIPIENT
Chinatown Fresno Foundation
Attn: Jan Minami, Program Director
912 F Street
Fresno, CA 93706
GRANTEE or SUBRECIPIENT may amend this Agreement at any time provided
that such amendments make specific reference to this Agreement, and are
executed in writing, signed by a duly authorized representative of each
organization, and approved by the GRANTEE's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the
GRANTEE or SUBRECIPIENT from its obligations under this Agreement.
Notwithstanding the foregoing, approval of the City Council is not required for (i)
insubstantial adjustments in line items within the total approved budget; not
affecting the total approved budget amount, approved by the manager of the
Housing and Community Development Division of the Planning and Development
Department of the City (Administrator) or his or her designee; (ii) insubstantial
changes in the nature or scope of services specified in this Agreement approved
by the Administrator in his/her sole discretion, (iii) changes to the insurance
requirements specified in Exhibit C approved by the City's Risk Manager in his/her
sole discretion and (iv) an extension to the term of the Agreement, not to exceed
six months, in Administrator's sole discretion.
GRANTEE may, in its discretion, amend this Agreement to conform with Federal,
state or local governmental guidelines, policies and available funding amounts, or
for other reasons. If such amendments result in a change in the funding, the scope
of services, or schedule of the activities to be undertaken as part of this Agreement,
CDBG Subrecipient Agreement 2023 - 4/27/2023 13
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
such modifications will be incorporated only by written amendment signed by both
GRANTEE and SUBRECIPIENT.
22. ASSIGNMENT
SUBRECIPIENT shall not assignor transfer any interest in this Agreement without
the prior written consent of the GRANTEE.
23. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by a court
of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this
Agreement shall not be affected thereby to the extent such remaining provisions
are not rendered impractical to perform taking into consideration the purposes of
this Agreement.
24. ATTORNEY 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
will be entitled to recover from the other party its reasonable attorney's fees and
legal expenses.
24. BINDING ON ALL SUCCESSORS AND ASSIGNS
Unless otherwise expressly provided in this Agreement, all the terms and
provisions of this Agreement shall be binding on and inure to the benefit of the
parties hereto, and their respective nominees, heirs, successors, assigns, and
legal representatives.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed
and delivered will be deemed an original, and all of which together will constitute
one instrument. The execution of this Agreement by any party hereto will not
become effective until counterparts hereof have been executed by all parties
hereto.
26. 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. All powers and
remedies given by this Agreement shall be cumulative and in addition to those
otherwise provided by law.
27. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following
City Council approval.
28. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties with
respect to the subject matter hereof. This Agreement supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement
may be modified or amended only by written instrument duly authorized and
CDBG Subrecipient Agreement 2023 - 4/27/2023 14
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
executed by both GRANTEE and SUBRECIPIENT.
29. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference,
incorporated into and made a part of this Agreement.
30. EXPENSES INCURRED UPON EVENT OF DEFAULT
SUBRECIPIENT shall reimburse GRANTEE for all reasonable expenses and
costs of collection and enforcement, including reasonable attorney's fees, incurred
by GRANTEE as a result of one or more Events of Default by SUBRECIPIENT
under this Agreement.
31. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of
California shall govern all aspects of this Agreement, including execution,
interpretation, performance, and enforcement. Venue for filing any action to
enforce or interpret this Agreement will be Fresno County, California.
32. HEADINGS
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or otherwise affect the terms of this
Agreement.
33. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.
Any ambiguity will not be construed in favor or against any party, but rather by
construing the terms in accordance with their generally accepted meaning.
34. NO THIRD -PARTY BENEFICIARY
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 other than expressly identified herein. No
subcontractor, mechanic, materialman, laborer, vendor, or other person hired or
retained by SUBRECIPIENT shall have any rights hereunder and shall look to
SUBRECIPIENT as their sole source of recovery if not paid. No third party may
enter any claim or bring any such action against GRANTEE under any
circumstances. Except as provided by law, or as otherwise agreed to in writing
between GRANTEE and such person, each such person shall be deemed to have
waived in writing all right to seek redress from GRANTEE under any circumstances
whatsoever. SUBRECIPIENT shall include this paragraph in all
contracts/subcontracts.
35. NO WAIVER
Neither failure nor delay on the part of the GRANTEE in exercising any right under
this Agreement shall operate as a waiver of such right, nor shall any single or
CDBG Subrecipient Agreement 2023 - 4/27/2023 15
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
partial exercise of any such right preclude any further exercise thereof or the
exercise of any other right. No waiver of any provision of this Agreement or
consent to any departure by the SUBRECIPIENT therefrom shall be effective
unless the same shall be in writing, signed on behalf of the GRANTEE by a duly
authorized officer thereof, and the same shall be effective only in the specific
instance for which it is given. No notice to or demand on the SUBRECIPIENT in
any case shall entitle the SUBRECIPIENT to any other or further notices or
demands in similar or other circumstances, or constitute a waiver of any of the
GRANTEE's right to take other or further action in any circumstances without
notice or demand.
36. NON -RELIANCE
SUBRECIPIENT hereby acknowledges having obtained such independent legal or
other advice as it has deemed necessary and declares that in no manner has it
relied on GRANTEE, its agents, employees or attorneys in entering into this
Agreement.
37. 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 will
control.
38. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement
shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
CDBG Subrecipient Agreement 2023 - 4/27/2023 16
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
IN WITNESS WHEREOF, the parties have executed this Agreement at
Fresno, California, the day and year first above written.
GRANTEE
CITY OF FRESNO,
A California municipal corporation
By: evL�A
Georg nne A. White,
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City AtLomey
a -'wn , by:
By:1:�
r IN, P�7/24/2023
Tracy arvanian Date
Supervising Deputy City Attorney
SUBRECIPIENT
CHINATOWN FRESNO FOUNDATION
A 50 I,W�IPROFIT CORPORATION
By:
June Stanfield 7/1/2023
Name; June Stanfield
Title: Chai r
(If corporation or LLC., Board Chair,
P.eug. pr bVice Pres.)
n 7/21/2023
By.
Name:
Cami Cipolla
Titles. Treasurer
Alltbl:
TODD S T ERMER, CMC
City Clerk
By: - ��2,
Deputy
Addresses:
CITY:
City of Fresno
Attention: Karen Jenks
Housing and Neighborhood
Revitalization Manager
2600 Fresno Street, CH3N 3065
Fresno, CA 93721
Phone: (559) 621-8507
FAX: (559) [#]
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
SUBRECIPIENT:
Chinatown Fresno Foundation
Attention: Jan Minami
Program Director
912 F Street
Fresno, CA 93706
Phone- (559) 859-1763
Attachments.
EXHIBIT A:
SCOPE OF WORK
EXHIBIT B.
PROPOSED BUDGET
EXHIBIT C:
INSURANCE REQUIREMENTS
EXHIBIT D.
CONFLICT OF INTEREST
EXHIBIT E:
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY
CONTRACTS UNDER FEDERAL AWARDS
EXHIBIT F;
QUARTERLY REPORT
EXHIBIT G
SPENDING PLAN
CDBG Subrecipient Agreement 2023 - 4/27/2023 17
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
EXHIBIT A
SCOPE OF WORK
Matrix Code: 18C ED: Micro -Enterprise Assistance
National Objective LMC
CDBG Eligibility: 24 CFR 570.201(o)
Project Description
Chinatown Fresno is bounded by Ventura Street on the south, Freeway 99 on the
west, Fresno Street on the north, and the railroad tracks on the east.
As a mixed -use urban neighborhood located on the western boundary of
Downtown Fresno, Chinatown Fresno is primarily commercial. Decades of
disinterest and disinvestment by government, agencies and nonprofits has bred
distrust. A concerted economic development effort is needed to support these
businesses.
Businesses operating within the Chinatown neighborhood are almost all micro -
enterprises. They operate in a challenging market with no direct connection to a
residential population, there is ongoing road construction and there has been
open/close/open challenges due to the COVID pandemic.
This two-part program will improve business acumen of existing businesses while
drawing start-up entrepreneurs to the neighborhood. Existing businesses will
benefit from expanded services of the Chinatown Empowerment Center (which
includes the Make Time Business School) and its new Manager. New micro -
enterprises will learn how to start and grow their businesses in Chinatown.
Through the Make Time Business School, Chinatown entrepreneurs can learn how
to expand and create new jobs, learn new business skills, and obtain technical
assistance. Technical assistance offered by the Make Time Business School are
necessary to raise the level of Chinatown commerce. The Business Visibility Initiative
of the Make Time Business School gives Chinatown micro -enterprises access to one-
to-one guidance that will help them expand their customer base and grow their
businesses.
Information about this program will be included in our newsletter and announced
at Community Meetings. In addition, all businesses will be contacted by mail and
the Chinatown Fresno Foundation will also use in -person visits, phone calls and
text messages when that is possible.
Records to Be Maintained
The subrecipient shall maintain records including, but not limited to:
Basic Activity Information
18
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
The SUBRECIPIENT shall maintain a project file that contains a full description
of each activity assisted with CDBG funds, including its location, the amount
of CDBG funds budgeted, obligated and expended for the activity, and the
eligibility and national objective under which it is eligible.
Data on the extent to which each racial and ethnic group and have applied
for, participated in, or benefited from, any program or activity funded in whole
or in part with CDBG funds. Such information shall be used only as a basis for
further investigation as to compliance with nondiscrimination requirements. No
recipient is required to attain or maintain any particular statistical measure by
race, ethnicity, or gender in covered programs.
Financial Management Records
The SUBRECIPIENT shall maintain financial records in accordance with
the applicable requirements listed in Sec. 570.502, including source
documentation. The project file must document how the CDBG funds are
expended. Such documentation must include, to the extent applicable:
• Invoices with supporting documentation
■ Evidence that adequate procurement practices were in place and followed
• Schedules containing comparisons of budgeted amounts and actual
expenditures,
• Other documentation appropriate to the nature of the activity
National Objective Compliance - Limited Clientele Activities (LMC)
The SUBRECIPIENT shall maintain a set of records to document that at least
51 % of the beneficiaries are low and moderate income. For each person
or family assisted, such records shall include income limits applied at the point
in time when the benefit was determined, and a self -certification signed by
the beneficiary stating their income and family size.
SUBRECIPIENT shall ensure the CDBG grant funds provided by GRANTEE
are clearly identified as a sub -award and include the following information:
• SUBRECIPIENT NAME: Chinatown Fresno Foundation
• Subrecipient ID (DUNS): F2J4BNLZUVK3
• Federal Award Identification Number: B-23-MC-06-0001
Federal Award Date: pending
Period of Performance: July 01, 2023 — June 30, 2024
Federal Funds Obligated by this Agreement: CDBG
• Total Federal Funds Obligated to SUBRECIPIENT: $40,000
• Total Amount of the Federal Award: $6,897,161
• Federal Award project description: See Exhibit A — Scope of Work
• Name of Federal awarding agency: Dept. of Housing Urban
Development
• Name of pass -through entity: City of Fresno, California
• Award Official Contact Information: See Section 18 — Notices
19
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
CFDA Number: 14.218
CFDA Name: Community Development Block Grant
• Identification of R&D- No
Y Indirect cost rate for the Federal award: 10%
20
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
EXHIBIT B
PROPOSED BUDGET
Chinatown Fresno Foundation
9"1—k for rr jKl
0udcesedP JrEon prq�w.iYxzg
larrsrnneq a [aeRYatY NoPOW edml WrWs izc.[G T a.r.x.l verve urw rwr F�1�
lope�n1 way nnrhl
6
----------
----------
Y6ratF 0WECt&ME:
' r'aase'e Z rnry rolrn ano anno[a[e 0uuge[ nenr. a�narueu
All applicants are required to submit a copy of their organization's operating budget.
21
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
EXHIBIT C
INSURANCE REQUIREMENTS
Agreement between City of Fresno (CITY) and
Chinatown Fresno Foundation (SUBRECIPIENT)
Name of the Proiect
Open for Business Program
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office (ISO)
Commercial General Liability Coverage Form CG 00 01, providing
liability coverage arising out of your business operations. The
Commercial General Liability policy shall be written on an occurrence
form and shall provide coverage for "bodily injury," "property
damage" and "personal and advertising injury" with coverage for
premises and operations (including the use of owned and non -owned
equipment), products and completed operations, and contractual
liability (including, without limitation, indemnity obligations under the
Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form
CA 00 01, providing liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be written on an occurrence
form and shall provide coverage for all owned, hired, and non -owned
automobiles or other licensed vehicles (Code 1- Any Auto).
3. Workers' Compensation insurance as required by the State of
California and Employer's Liability Insurance.
4. Professional Liability (Errors and Omissions) insurance appropriate
to SUBRECIPIENT's profession.
MINIMUM LIMITS OF INSURANCE
SUBRECIPIENT, or any party the SUBRECIPIENT subcontracts with, shall
maintain limits of liability of not less than those set forth below. However, insurance
limits available to CITY, its officers, officials, employees, agents, and volunteers as
additional insureds, shall be the greater of the minimum limits specified herein or
the full limit of any insurance proceeds available to the named insured:
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
22
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
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 (Errors and Omissions):
(i) $1,000,000 per claim/occurrence, and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event SUBRECIPIENT purchases an Umbrella or Excess insurance
policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies)
shall "follow form" and afford no less coverage than the primary insurance
policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also
apply on a primary and non-contributory basis for the benefit of the CITY, its
officers, officials, employees, agents, and volunteers.
DEDUCTIBLES AND SELF -INSURED RETENTIONS
SUBRECIPIENT shall be responsible for payment of any deductibles contained in
any insurance policy(ies) required herein and SUBRECIPIENT shall also be
responsible for payment of any self -insured retentions. Any deductibles or self -
insured retentions must be declared to on the Certificate of Insurance, and
approved by, the CITY's Risk Manager or designee. At the option of the CITY's
Risk Manager or designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects CITY, its officers, officials,
employees, agents, and volunteers; or
(ii) SUBRECIPIENT 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.
PAJ
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
OTHER INSURANCE PROVISIONSIENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or
be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents, and volunteers are to
be covered as additional insureds. SUBRECIPIENT shall establish
additional insured status for the City and for all ongoing and
completed operations by use of ISO Form CG 20 12 04 13 or
CG 20 26 04 13 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that
contained in ISO Form CG 20 12 04 13 or CG 20 26 04 13.
2. The coverage shall contain no special limitations on the scope of
protection afforded to CITY, its officers, officials, employees, agents,
and volunteers. Any available insurance proceeds in excess of the
specified minimum limits and coverage shall be available to the
Additional Insured.
3. For any claims relating to this Agreement, SUBRECIPIENT's
insurance coverage shall be primary insurance with respect to the
CITY, its officers, officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the CITY, its officers,
officials, employees, agents, and volunteers shall be excess of
SUBRECIPIENT's insurance and shall not contribute with it.
SUBRECIPIENT shall establish primary and non-contributory status
by using ISO Form CG 20 01 04 13 or by an executed manuscript
insurance company endorsement that provides primary and
non-contributory status as broad as that contained in ISO Form CG
2001 0413.
The Workers' Compensation insurance polic is to contain, or be endorsed to
contain, the following provision: SUBRECIPIENT and its insurer shall waive any
right of subrogation against CITY, its officers, officials, employees, agents, and
volunteers.
If the Professional Liability (Errors and Omissions insurance policy is written on a
claims -made form
1 The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by
SUBRECIPIENT.
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
24
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
SUBRECIPIENT, SUBRECIPIENT must purchase "extended
reporting" coverage for a minimum of five (5) years completion of the
Agreement work or termination of the Agreement, whichever occurs
first.
4. A copy of the claims reporting requirements must be submitted to
CITY for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the
coverage shall not be cancelled, non -renewed, reduced in coverage or in limits
except after thirty (30) calendar days written notice by certified mail, return receipt
requested, has been given to CITY. SUBRECIPIENT 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, SUBRECIPIENT 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, SUBRECIPIENT
shall provide a new certificate, and applicable endorsements, evidencing renewal
of such policy not less than fifteen (15) calendar days prior to the expiration date
of the expiring policy.
Should any of the required policies provide that the defense costs are paid within
the Limits of Liability, thereby reducing the available limits by any defense costs,
then the requirement for the Limits of Liability of these polices will be twice the
above stated limits.
The fact that insurance is obtained by SUBRECIPIENT shall not be deemed to
release or diminish the liability of SUBRECIPIENT, including, without limitation,
liability under the indemnity provisions of this Agreement. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by
SUBRECIPIENT. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of SUBRECIPIENT, its
principals, officers, agents, employees, persons under the supervision of
SUBRECIPIENT, vendors, suppliers, invitees, consultant, sub -consultant,
subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS - If SUBRECIPIENT subcontracts any or all of the services to
be performed under this Agreement, SUBRECIPIENT shall be solely responsible
for ensuring that it's subcontractors maintain insurance coverage at levels no less
than those required by applicable law and is customary in the relevant industry.
VERIFICATION OF COVERAGE
SUBRECIPIENT shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage
applicable endorsements are to be
Manager or his/her designee prior t
25
o
required hereunder. All certificates and
received and approved by the CITY'S Risk
CITY'S execution of the Agreement and
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
before work commences. All non -ISO endorsements amending policy coverage
shall be executed by a licensed and authorized agent or broker. Upon request of
CITY, SUBRECIPIENT 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.
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
EXHIBIT D
CONFLICT OF INTEREST
City of
No Conflict of Interest Certification -HUD r_DBG, HOME, E_% arl:iHORVA Pr�rams
Confrma of hrteresi Regulations maybe
Chinatown Fresno Foundation fkcdair ?4CFR 42356,24CFR
Name of Suhrec pient or Appfcnt 570.611, 24 LFR 574.625, 24 CSR
57fi.404. 2 ftR 112 and 2 CFR 1119 1cH1)1
Sutirec;sient or Applicant admowledges and understands that, under HUD conflict of irsnerest rules under 24 CFR
923s5, 24 CFR 5TD.611. 24 CFR 574.62S. 24 CFR 57&404, 2 CFR 112 and 2 Cr-R 3123 (CX1)L an employee, agem.
consultant, officer, or elected or appointed off dai of the subrecipiem, applicant or City of Fresno ttrtio exercises or has
exercised any furwricns or responsttildies with respect to actvkws asY5ted with CDBG, KDMF, ESG or HOPWA funds
of who is m a position to participate in a decision making process again inside information with regard to these
activities (each 'Covered Person"), may not obtain a firanaat interest or benefit from a CDBG, HOME. ESG Or
HOP'WA-assisted activity, or have an interean in any contract, suhronUact or agreemen1t with respect thereto, or the
proceeds thereunder, either for themselves or those with whom they have family or business ties, dunng their tenure
or for wteyearthereaRer-
(SELECT ONLY THE MIMFICATtON THAT APPLIES TO THIS AGREEMENT ON AGREMMff ON APPLIICATKWL 00 NOr 9®N Bum)
iM Subrecipient or Applicant hereby certifies that no "covered per mW in its agency Orcarporation is ounertihrt a
Covered Person and has not been a Cavered Person for a period of at feast one (1) calendar year prior to the date of
rhos aareemem or amliration_
Jan Minami
Name
June 27, 2023
Sigratur a Dane
OR
E) Subrec* ent or Applicant hereby OLIrtifies that sut+reopienrfapplicant Orgaraxafion includes a Covered Person as
defined above, or bemuse suhrel: i:pie ntjapPhcam has a famrYy Or business relationshiPw th a Covered Person,
Name sigriatiue Date
Pl5ase provide a separate certification for each "covered person" and select the type of Covered person.
0 Employee 0 Agent 0 Consultant 0 Officer 0 Bec ed Official ElAppoimed Official
The Covered Pisan i.-
0 Subrecipwntf Applicant "covered person"
0 Family member -tame pteasr prim dewtyi
0 business associate -name- pk� pr"'t
A Covered Person does not automatically disqualify an entity from parpapating m a HUD assisted program. If a
covered person is identified, the Senior Management Anahst or Protect Manager +rill asses[ you Wnh the add MonaJ
steps that must be taken before the organixation's agreement or application can be funded.
A person may become a "covered person" at any time durmt: the implemerrotion process and this witil include
benefidasies receiving assistance provided thruu>gh this ageerneot or application who are or have a reiatiortslhip with
a covered person of the appiicam or of City of Fresno. A new certification is required each time it covered perwo is
idennified.
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
EXHIBIT E
CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS
UNDER FEDERAL AWARDS
In addition to other provisions required by the Federal agency or non -Federal
entity, all contracts made by the non -Federal entity under the Federal award must
contain provisions covering the following, as applicable.
(A) Contracts for more than the simplified acquisition threshold currently set at
$150,000, which is the inflation adjusted amount determined by the Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council (Councils) as
authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal
remedies in instances where contractors violate or breach contract terms, and
provide for such sanctions and penalties as appropriate.
(B) All contracts in excess of $10,000 must address termination for cause and for
convenience by the non -Federal entity including the manner by which it will be
effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction
contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided
under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal
Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp.,
p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity," and implementing regulations
at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor."
(D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction contracts in excess of $2,000
awarded by non -Federal entities must include a provision for compliance with the
Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction").
In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. The non -Federal entity must
place a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination.
The non -Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for
compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors
and Subcontractors on Public Building or Public Work Financed in Whole or in Part
by Loans or Grants from the United States"). The Act provides that each contractor
28
DocuSign Envelope ID:451EFOD8-7C70-4E65-9C3A-E881309E28DF
or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any
part of the compensation to which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the Federal awarding
agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the non -Federal entity in excess of $100,000
that involve the employment of mechanics or laborers must include a provision for
compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of
Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must be required to compute the wages of every mechanic and laborer
on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess
of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable
to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous
or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award
meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the
recipient or subrecipient wishes to enter into a contract with a small business firm
or nonprofit organization regarding the substitution of parties, assignment or
performance of experimental, developmental, or research work under that funding
agreement," the recipient or subrecipient must comply with the requirements of 37
CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in
excess of $150,000 must contain a provision that requires the non -Federal award
to agree to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (42 U.S.C. 6201).
(1) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract
award (see 2 CFR 180.220) must not be made to parties listed on the government -
wide Excluded Parties List System in the System for Award Management (SAM),
in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
P
DocuSign Envelope ID: 451 EFOD8-7C70-4E65-9C3A-E881309E28DF
Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System
in SAM contains the names of parties debarred, suspended, or otherwise excluded
by agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
(J) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or
bid for an award of $100,000 or more must file the required certification. Each tier
certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence
an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non -Federal award.
(K) See §200.322 Procurement of recovered materials.
30
DocuSign Envelope ID:451EFOD8-7C70-4E65-9C3A-E881309E28DF
EXHIBIT F
QUARTERLY REPORT
Report to: EXHIBIT F PY23 - Chinatown Fresno Foundation -Quarterly Report Template
CITY OF FRESNO CDBG Quarterly Report Overview
PLANNING AND DEVELOPMENT, HOUSING AND Grant, Utilization and Performance 1 of I
COMMUNfIFY DEVELOPMENT
Sponsor Name- Chinatown Fram
Award tdrnUBtatfon &23-MC-06-0001
r ICOBG Grant II):
ral Funds Ohlrgat d by S
Agfrement:
latlon Project Span 9or iD (DUNS rj F2148NUIPM
Federal O65panion Date: TBD
Told of All Federal Funds
40,0110,0D Obligated to Sutxt'ripient for $ 40.000.00
this Project or Arr wily:
nut AmourRpfAlLFnOng
""me of Federal Awarding
Department of Hmsing and
or this Project or Ariwinr
40,000rm
Aarncy
Urban Development (HUD)
gimbe,tly Archie
lame of Pass -Through Entity:
aY of Fmmno. CA
Award Of is al Contact Persm:
ISrrher7Y.H chi e€SfresnP.gas
gIm
Cmenunity Deeelopnent Mock
2600 Fneuto St, CH3N 3065,
:DFA Name and Number
Gam-Entitlenerd Gams/
Award Official Address
Fresno CA 93721
U218
Madmum in6rect Cast Rate
1071
denti0vtim of R & D:
No
for the federal Award
)ate of Contract Exeaktion
Arconr*4 hit lent Year (HUD
2023-2024
mmfddfmI
Program year(
xeriod of Perfumance Stan
071D1123
Period of Perfomun- End
06I3E1[?a
)ate 4 mldd/ml
Date(rmnldd/ta)
Srtlu+ Plain Year / MIS Project
2022/X
Acsirhy 106 Matra Code
I8C
D Number
_
CDSG Furds Fxp nded
Funds Expended far
rct Cast (PYf D)
rt prepared try:
31
r0iV101
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
Reponla: CDOG Quarterly Report m3- Chinaown rresnv Fwndation- QvanenV RcWn Template
CRY DF FRESNO Public Service Activity Performance Minx Me Wne ProRram
PLANNING AND DEVELOPMENT, HOUSING AND 101
COM1MUNRY DEVELOPM1M
Co-wor1 Tt ff.&. flbpa—I Adi.q aWia
snyaln Gran[-EnwtmterAGrrra/ Gtde IIIC11K
14210
r et cennacr Etrvabon Aeranpidnt V-11Fuberal IR3ffi4
i•r-Yddluu1 07/0103 Fgrro ye-d
en od dperrwmace Sol Period of ferfmmatrnEadDaW
4xelmmlddl+wl 011Dt111 Itin/d4/..+J w3v"
DIRECT BENEFTT DATA
Race Total Below)
RACE - CUMMULATTVIE CONTRACT FIERIOD-TO-DATE (Note: Since pemm, am encouraged to check all Races that aPPN
the Subrecipierl need to adimt/eliminwe duplicaton whenever muftiple ra-s have been indicamd by the beneficiary)
radr/AIldcan An—o
Alan
unedmhwSWaasIm
aac.e
were Marano CWwPatios
alerder
A..n n atdiart/Alasltat
twofer ww
A,+ L WhAo
Illadr/Afri on American r
Whim
,Amerionbt&WAI.k.
iNatitfeL®adr/Afdon
,artterim
Or1ef/ldu1114b W
Idtatlmttm ¢RmioMa
licfto t (express m
veyative mmbeA
lfetal�Neadsta A7aldn
9%nlc*VT6tal abowj
D
D
D
La [Dr
Ler
lnodLrat
NOSLewlfradL+ala
nhcxrA Type ifploos
Drat lrresbddEerspa Awned
a qursrltoldt3
al me T.W fenps-ao+ttnr+elPami:
WSthNdrafAansW Au— akm-wNK4L
Wier a!d-d+xwbrfiL
ESfo+dnEaltfrirfd E[YAltlerl' Gip lenLrrsWCaa�Ia
fO7H bbovld masth SaY rumbefvl pinsoltl tlrM1tod trawl
Talc! llwtlOrfi7 arAfla. AerprfbtL
faLra�—Aafitt><d
'aLq padeues Austad
foW D D D
Eed
%..bar bfa�s f araaes/rd6ns
dwa:r MNYwtedtbK fNw&Galas or Se Mtsprp{y
Mrs f fu FarrEryneuArvllcd UUN
n.7-ii
,,or
ON
DocuSign Envelope ID: 451EFOD8-7C70-4E65-9C3A-E881309E28DF
EXHIBIT G
SPENDING PLAN
Eepadad lnvoce 50—sicn byOE/15123
fur Month E,d,r,
Expelled Invoice Submission by 09115!23for'xpedad
Mcnth Endi
Inyo¢e Submission bylD,115/23 for
Month End-
San of IomieSadaiuioac 6r
WIkg 2%0eBd4
ldl7/�'!7
9 30 23
Cumuli- Expenditure i 5 i
Cumuldtee %Expended 0 0% a0% 2 UL
Exp^dad Invoice Submission by 11/15(23 IE dell Invoice Submission by 12/15/23 for rxpected Invoice 5ubm-ssipn by O1115,@4 for sum of lm ie5rbri. nls Tvr
for M onth End- Month Fndi .Month End-,
ll1131/2321 IIJ30JM23 11J31%A23 Itteti�¢ 50?e Dead Ere
CumOv. Expenditure 5 S S
Cu 10ireMspended ao% at1b
Expeded!nvoice h
1nva-aneeV;n5ypL1§j.'d:
f;auprd+-GC
aeWt-
uvai wd
Smaf lamieS�ydc3er br
Melie 74K 0eadie
7
Cumul Rive Expenditure S S S
Cumul0.% Expended - d9s .p81 dyA
CamAthef peadihm 5 S . 3
huatitim%F seainl 00% ao% an%
33