HomeMy WebLinkAboutPoverello House (4)AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the �f k day aG- M of by and
between the CITY OF FRESNO, a California municipal corporation ("CITY"), Poverello
House, a California 501(c)(3) not -for -profit Corporation ("RECIPIENT"). CITY and
RECIPIENT are sometimes hereinafter referred to individually as a Party and collectively as
Parties.
CITY has received a grant commitment from the United States Department of Housing and
Urban Development ("HUD") to administer and implement the Emergency Solutions Grant in
the City of Fresno in accordance with the provisions of 24 CFR Part 576 et seq. and
California law.
The purpose of the ESG grant is to provide assistance to the homeless and those at risk of
becoming homeless to quickly regain stability in permanent housing after experiencing a
housing crisis and/or homelessness within the city.
Then CITY issued a Notice of Funding on February 1, 2018 to solicit for proposals with
specific plans to provide eligible ESG services in the areas of outreach, emergency shelter,
homeless prevention assistance to households who would otherwise become homeless,
assistance to rapidly re -house persons who are homeless and related grant administration
(up to 2.5% of award). The contract award is contingent upon the following conditions. -
The Recipient is a member of the Fresno- Madera Continuum of Care.
• The Recipient shall participate in City quarterly ESG performance
meetings.
■ The Recipient shall select clients through the Coordinated Entry System.
• The Recipient must have a signed "Letter of Commitment" for matching funds
and a ledger at the time of the execution of the contract to be able to
demonstrate that they have access to matching funds for eligible activities
prior to contract execution.
■ The Recipient shall provide client evaluations to determine eligibility of
other applicable programs and permanent housing solutions.
In response to the NOFA, RECIPIENT submitted a Proposal which included a Scope of
Work and cost proposal ("Budget") as described in Exhibits A and B respectively and
represents it is capable and qualified to meet all the requirements of the NOFA and this
Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions and premises hereinafter combined to be kept and performed by the respective
Parties, it is mutually agreed as follows:
ARTICLE 1
DEFINITIONS. Wherever used in this Agreement or any of the contract documents, the
following words shall have the meaning herein given, unless the context requires a different
meaning.
A. "ACT" — 24 CFR Part 576 et seq. as revised by the Emergency Solutions
Grant and Consolidated Plan Conforming Amendments Interim Rule, published in the Federal
Register on December 5, 2011 (76 Fed. Reg. 75954).
B. "Administrator" and "Contract Administrator" shall mean the Manager of the Housing
and Community Development Division of the Development and Resource Management
Department of City or his or her designee.
C. "Bid Proposal" and "Proposal" shall mean RECIPIENT's response to the NOFA
including but not limited to the Budget, Scope of Work, certifications and all attachments and
addenda.
D. "Budget" shall mean RECIPIENT's Cost Proposal submitted with the Bid Proposal.
E. "City Manager" shall mean the City Manager of CITY.
F. "Contract" or "Contract Documents" shall mean and refer to this Agreement including
its exhibits and the NOFA and Bid Proposal with all attachments and addenda thereto.
G. "ESG" shall mean Emergency Solutions Grant as set forth in the ACT.
H. "General Conditions" or "General Requirements" shall mean the General
Requirements contained in the NOFA.
I. "Program" shall mean services designed to identify sheltered and unsheltered
homeless persons, as well as those at risk of homelessness, and provide necessary help to
those persons quickly regain stability in permanent housing after experiencing a housing
crisis and/or homelessness within the parameters and requirements of the ACT and the ESG
Policies and Procedures.
J. "Program income" for the specific purpose of this Agreement shall be as defined in
the ACT. Unless otherwise provided for in the ACT, program income shall include any and
all gross income earned by or accruing to RECIPIENT in its pursuit hereof provided that the
term program income does not include rebates, credits, discounts or refunds realized by
RECIPIENT in its pursuithereof.
K. "NOFA" shall mean the Resolution Number (2018-130) for the City of Fresno,
Emergency Solutions Grant dated February 1, 2018 including without limitation the general
requirements, bidding requirements, all its attachments, appendices and addenda.
L. "Scope of Services or Services" shall mean those services submitted with
RECIPIENT's bid proposal to be offered in fulfillment of the Program and included in Exhibit
A.
1. Contract Administration. This Agreement including all the Contract Documents
shall be administered according to the order of precedence set forth herein for CITY by
Administrator who shall be RECIPIENT's point of contact and to whom RECIPIENT shall
report.
2. Scope of Services. RECIPIENT shall provide the Program in conformance with
the Contract Documents and perform to the satisfaction of CITY those services set forth in
Exhibit A and services necessarily related or incidental thereto even though not expressly
set forth therein.
3. Effective Date and Term of Agreement. It is the intent of the Parties that this
Agreement be effective as of the date first set forth above as to all terms and conditions of
the Agreement. Services of RECIPIENT shall commence as July 1, 2018, and shall end
June 30, 2019, which shall be the term of this Agreement, unless terminated earlier as
provided herein.
4. Compensation and Method of Payment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed $11,000 for satisfactory performance of the services
rendered therefore and as set forth in Exhibit B attached hereto and incorporated herein.
Compensation is based on actual expenditures incurred by RECIPIENT in accordance with
the Budget set forth in Exhibit B. It is understood that all expenses incidental to
RECIPIENT's performance of services under this Agreement shall be borne by the
RECIPIENT. If RECIPIENT should fail to comply with any provisions of this Agreement,
CITY shall be relieved of its obligation for further compensation.
a. Payments shall be made by the CITY to RECIPIENT in arrears for
services provided during the preceding month. Such payment by City shall be made in the
normal course of business, generally within forty-five (45) days after the date of receipt by
CITY of a correctly completed invoice in accordance with the provisions of this paragraph
and shall be for the actual expenditures incurred by RECIPIENT in accordance with Exhibit
B. Payments shall be made after receipt and verification of actual expenditures. All invoices
are to be submitted CITY at the address given for notices on the signature page hereof or at
such address the CITY may from time to time designate by written notice.
b. The Administrator may, in his or her sole discretion, agree in writing to
revise the payment schedule in subsection (a), above, upon RECIPIENT's showing that
such will facilitate delivery of the services; provided, however, that total payments under this
Agreement shall not exceed the total amount provided for in subsection (a), and any
amounts advanced are authorized and appropriated for that fiscal year of the CITY covering
the period for which an advance is proposed.
C. Any funds paid by CITY hereunder which remain unearned at the
expiration or earlier termination of the Agreement shall be, and remain in trust, the property
of CITY and shall be remitted to CITY within 10 days of expiration or earlier termination of
this Agreement. Any interest thereon must be credited to or returned to CITY. Upon any
dissolution of RECIPIENT, all funds advanced pursuant to this Agreement and not expended
shall be returned toCITY.
d. CITY will not be obligated to make any payments under this Agreement
if the request for payment is received by the CITY more than 60 days after the date of
termination of this Agreement or the date of expiration of this Agreement, whichever occurs
first.
e. RECIPIENT understands and agrees that the availability of ESG
Funding hereunder is subject to the control of HUD and should the ESG Funding be
encumbered, withdrawn, or otherwise made unavailable to CITY whether earned or
promised to RECIPIENT and/or should CITY in any fiscal year hereunder fail to appropriate
said funds, CITY shall not provide said funds to RECIPIENT unless and
until they are made available for payment to CITY by HUD and CITY receives and
appropriates said Funds. No other funds owned or controlled by CITY shall be obligated
under this Agreement to the project(s). Should sufficient funds not be appropriated, the
Services provided may be modified, or this Agreement terminated, at any time by the CITY
as provided in section 9 below.
f. RECIPIENT shall use the funds provided by CITY solely for the
purpose of providing the services required under subsection 2 (a) of this Agreement.
5. Matching Funds Requirements of RECIPIENT: RECIPIENT agrees to match
all ESG funding disbursed to it by CITY on a dollar for dollar basis. Donated funds, material
and labor may be used as matching funds. Time contributed by volunteers shall be
calculated pursuant to 42 CFR section 576.01 (e)(2) and any subsequent amendments.
RECIPIENT shall determine the value of donated material or building space using a method
based on fair market value. Other federal funds may be used as matching funds unless
expressly prohibited by law or contract. Unless otherwise provided by applicable law or
contract, matching funds shall be applied in furtherance of the Scope of Work hereunder.
To qualify matching_ _funds as such they must be applied in furtherance of the services
hereunder.
6. Loss of Third -Party Funding: In the event any funding provided by a party
other than CITY for the Program or services being performed by RECIPIENT is suspended,
reduced or withdrawn, then Administrator may suspend this Agreement immediately upon
its receipt of notice thereof, or terminate this Agreement as provided in Section 9 below.
RECIPIENT shall notify CITY in writing within 7 days if any of the following events occur:
a. Suspension, reduction or withdrawal of RECIPIENT'S funding by other
funding source(s).
b. Addition or resignation of any of RECIPIENT'S Board of Director
members.
C. Resignation or termination of any of RECIPIENT'S staff, including
those staff not funded by this Agreement but essential to the delivery of the services listed in
Exhibit A.
d. The Administrator may, in his or her sole discretion, stay such
suspension of the Agreement for a period not to exceed 30 days to allow RECIPIENT to
either (i) submit a new service or funding plan for evaluation by Administrator who may
accept or reject in his or her sole discretion, or (ii) complete an orderly phase out of
services. If the Administrator accepts such new service or funding plan, then such plan will
be subject to the requirements in Section 14 below.
7. Disposition_ of Program Income. Absent the CITY's written consent, any
program income generated hereunder shall be used to reduce the CITY's reimbursement
obligations hereunder, or in the absence thereof promptly remitted entirely to the CITY.
8. Events of Default. When in the opinion of CITY, there is an occurrence of any
one or more of the following provisions it will represent an Event of Default for purposes of
this Agreement.
a. An illegal or improper use of funds.
b. A failure to comply with any term, covenant or condition of this
Agreement.
C. Report(s) are submitted to CITY which are incorrect or incomplete
in any material respect.
d. The services required hereunder are incapable of or are improperly
being performed byrecipient.
e. Refusal of RECIPIENT to accept change under Section 16
f. RECIPIENT fails to maintain any required insurance.
g. There is a loss of third -party funding (see Section 6 above).
h. RECIPIENT files, or has filed against it, a petition of bankruptcy,
insolvency, or similar law, state or federal, of filing any petition or answer seeking,
consenting to, or acquiescing in any reorganization, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief, where such petition shall not have
been vacated within fourteen (14) days; or if adjudicated bankrupt or insolvent, under any
present or future statute, law, regulation under state or federal law, and judgment or decree
is not vacated or set aside within fourteen (14)days.
i. RECIPIENT's failure, inability or admission in writing of its inability to
pay its debts as they become due or RECIPIENT's assignment for the benefit of creditors.
j. A receiver, trustee, or liquidator being appointed for RECIPIENT or any
substantial part of RECIPIENT's assets or properties, and not removed within ten days.
k. RECIPIENT's breach of any other material condition, covenant,
warranty, promise or representation contained in this Agreement not otherwise identified
within this Section.
9. Termination and Remedies. Upon the occurrence of an Event of Default, CITY
shall give written notice RECIPIENT of the Event of Default by specifying (1) the nature of
the event or deficiency giving rise to the default, (2) the action required to cure the
deficiency, if, in the sole discretion of CITY, any action to cure is possible, and
(3) if the Event of Default is curable, a date, which shall not be less than thirty (30) calendar
days from the date of the notice, by which such deficiency must be cured, provided,
however that if such failure cannot be remedied in such time, RECIPIENT shall have an
additional thirty (30) days to remedy such failure so long as RECIPIENT is diligently and in
good faith pursuing such remedy.
a. This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT
and a failure to cure said Event of Default within the time specified in the notice of Event of
Default; (ii) 7 calendar days prior written notice without cause by CITY to RECIPIENT; (iii)
CITY'S non -appropriation of funds sufficient to meet its obligations hereunder during any
CITY fiscal year of this Agreement, or insufficient
funding for the services provided by RECIPIENT; or (iv) expiration of this Agreement.
b. Immediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all
of its subcontractors to cease work; and (iii) return to CITY any and all unearned payments
and all properties and materials in the possession of RECIPIENT that are owned by CITY.
Subject to the terms of this Agreement, RECIPIENT shall be paid compensation for
services satisfactorily performed prior to the effective date of termination. RECIPIENT shall
not be paid for any work or services performed or costs incurred which reasonably could
have been avoided.
C. Upon any breach of this Agreement by RECIPIENT, CITY may
i. exercise any right, remedy (in contract, law or equity), or
privilege which may be available to it under applicable laws of the State of
California or any other applicable law;
ii. proceed by appropriate court action to enforce the terms
of the Agreement; and/or
iii. recover all direct, indirect, consequential, economic and
incidental damages for the breach of the Agreement. If it is determined that
CITY improperly terminated this Agreement for default, such termination shall
be deemed a *ermination for convenience.
d. In no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any default which may then
exist on the part of RECIPIENT, nor shall such payment impair or prejudice any remedy
available to CITY with respect to the breach or default.
e. CITY expressly reserves the right to demand of RECIPIENT the
repayment to CITY of any funds disbursed to RECIPIENT under this Agreement which, in
the judgment of CITY, were not expended in accordance with the terms of this Agreement,
and RECIPIENT agrees to promptly refund any such funds within 10 days of CITY'S written
demand.
10. Indemnification. To the furthest extent allowed by law, RECIPIENT shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees,
agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and
damages (whether in contract, tort or strict liability, including but not limited to personal
injury, death at any time and property damage), 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
RECIPIENT, its principals, officers, employees, agents or volunteers in the performance of
this Agreement.
If RECIPIENT should subcontract all or any portion of the services to be performed
under this Agreement, RECIPIENT shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive expiration or termination of this Agreement.
11. Insurance.
a. Throughout the life of this Agreement, RECIPIENT shall pay for and
maintain in full force and effect all insurance as required in Exhibit D or as may be
authorized in writing by CITY'S Risk Manager or his or her designee at any time and in his or
her sole discretion.
b. If at any time during the life of the Agreement or any extension,
RECIPIENT or any of its subcontractors fail to maintain any required insurance in full force
and effect, all services and work under this Agreement shall be discontinued immediately,
and all payments due or that become due to RECIPIENT shall be withheld until notice is
received by CITY that the required insurance has been restored to full force and effect and
that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to
maintain the required insurance shall be sufficient cause for CITY to terminate this
Agreement. No action taken by CITY pursuant to this section shall in any way relieve
RECIPIENT of its responsibilities under this Agreement. The phrase "fail to maintain any
required insurance" shall include, without limitation, notification received by CITY that an
insurer has commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
C. The fact that insurance is obtained by RECIPIENT shall not be deemed
to release or diminish the liability of RECIPIENT, including, without limitation, liability under
the indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
RECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of RECIPIENT, its principals, officers, agents,
employees, persons under the supervision of RECIPIENT, vendors, suppliers, invitees,
consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by
any of them.
d. Upon request of CITY, RECIPIENT shall immediately furnish CITY with
a complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of
the original policy. This requirement shall survive expiration or termination of this Agreement.
e. If RECIPIENT should subcontract all or any portion of the services to be
performed under this Agreement, RECIPIENT shall require each subcontractor to provide
insurance protection in favor of CITY and each of its officers, officials, employees, agents
and volunteers in accordance with the terms of this section, except that any required
certificates and applicable endorsements shall be on file with RECIPIENT and CITY prior to
the commencement of any services by the subcontractor.
12. On -Site Monitoring. Authorized representatives of HUD and/or the City shall
have the right to monitor the RECIPIENT's performance under this Agreement. Such
monitoring may include inspection activities, review of records, and attendance at
meetings: RECIPIENT shall reasonably make its facilities, books, records, reports and
accounts available for City's inspection in pursuit hereof.
This section 12 shall survive termination or expiration of this Agreement.
13. Records, Reports and Inspection.
a. RECIPIENT shall establish and maintain records in accordance with all
requirements prescribed by CITY, HUD and generally accepted accounting principles, with
respect to all matters covered by this Agreement. As applicable, RECIPIENT shall comply
with all applicable requirements of the Office of Management and Budget Circular A-122,
Cost Principles for Non -Profit Organizations; OMB Circular A-133 Audits of States, Local
Governments and Non -Profit Organizations, including the provision of a single audit
(generally applicable where funding from all federal sources in any fiscal year exceeds
$500,000), and to such extent shall submit to the CITY any applicable auditor's reports and
audited financial statements no later than three (3) months after the RECIPIENT's fiscal year
end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110 Uniform
Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
i. On a quarterly basis, RECIPIENT shall submit to CITY, in a
form acceptable to CITY, a performance report summarizing the number of
unduplicated persons served, including race, ethnicity, and income data. The
performance report shall be submitted within thirty days of the close of each quarter of
the fiscal year. RECIPIENT shall ensure the ESG grant funds provided by GRANTEE
are clearly identified as a subaward and include the following information:
• RECIPIENT NAME:
• Recipient ID (DUNS#):
• Federal Award Identification Number (HESG Grant #)
Federal Award Date:
• Period of Performance:
• Federal Funds Obligated by thisAgreement:
• Total Federal Funds Obligated to RECIPIENT:
Y Total Amount of the FederalAward:
S Federal Award projectdescription:
• Name of Federal awarding agency: Dept. of Housing Urban
Development
a Name of pass -through entity: City of Fresno, California
Award Official Contact Information: Name and Address
CFDA Number:14.231
• CFDA Name: Emergency Solutions Grant
■ Identification of R&D: No
Indirect cost rate for the Federal award: Up to 2.5% of combined
administrative and indirect cost rate allowed by City of Fresno
ii. RECIPIENT shall maintain all records required by the Federal
regulations specified in 24 CFR 576.500
iii. RECIPIENT shall retain such records for a period of five (5) years
after receipt of the final payment under this Agreement or the earlier termination of
this Agreement, whichever occurs later. The records retention period may be
extended whenever:
a. Any litigation, claim, or audit is started before the
expiration of the five-year period, the records must be retained until all
litigation, claims, or audit findings involving the records have been resolved
and final action taken.
b. The RECIPIENT is notified in writing by the CITY to extend
the retention period.
iv. RECIPIENT is to prepare written financial statements, and
completed Homeless Services Report, each in the form attached hereto as Exhibit C
incorporated herein, each covering matters pertaining to the Scope of Services
contained in Exhibit A, to be submitted to CITY no later than the thirtieth (30th) of the
month following the end of each quarter hereunder for the duration hereof, absent
City's prior written consent in cases of unusual circumstances as determined in the
sole discretion of the CITY.
b. All costs shall be supported by properly executed payrolls, time records,
invoices, contracts, vouchers, orders, or any other accounting documents pertaining in
whole or in part to this Agreement and they shall be clearly identified and readily accessible
to CITY.
C. During the life of this Agreement and for a period of five (5) years after
receipt of the final payment under this Agreement or the earlier termination of this
Agreement, whichever occurs later, RECIPIENT shall, at any time during normal business
hours and as often as CITY and/or HUD or the authorized representative of either CITY or
HUD may deem necessary, make available to them or any one of them, within the City of
Fresno, such statements, records, reports, data and information as they may request
pertaining to matters covered by this Agreement and permit them or any one of them to audit
and inspect all records, invoices, materials, payrolls, records of personnel, conditions of
employment, and other data relating to all matters covered by this Agreement. RECIPIENT
shall also permit and cooperate with on -site monitoring and personal interviews of
participants, RECIPIENT'S staff, and employees by Administrator and other CITY and/or
HUD representatives.
d. The RECIPIENT is required to participate in the Fresno Madera
Continuum of Care ("FMCoC"). Participation is defined as attendance at a minimum of 75%
of all FMCoC Director's meetings.
e. The RECIPIENT is required to collect and report client -level data in a
database comparable to the local Homeless Management Information Systems ("HMIS") run
by the Housing Authorities of the City and County of Fresno through a Memorandum of
Understanding with the FMCoC or a data base that complies with any special requirements
which may be developed by HUD for legal services or domestic violence victim service
RECIPIENTS as pre -approved by the CITY. Reporting in a database comparable to HMIS is
a requirement of ESG funding. The comparable database will be maintained by the
RECIPIENT and used to collect data and report on outputs and outcomes as required by
HUD. RECIPIENT is required to enter all client intakes, provide regular updates and exit all
clients once services are completed. As applicable, RECIPIENT must enter the following
information in the comparable database for federal reporting purposes:
1)
Name
2)
Social Security Number
3)
Date of Birth
4)
Race
5)
Ethnicity
6)
Gender
7) Veteran Status
8) Disabling Condition
9) Residence Prior to Program Entry
10) Zip Code of Last Permanent Address
11) Housing Status
12) Program Entry Date
13) Program Exit Date
14) Personal Identification Number
15) Household Identification Number
16) Income and Sources
17) Non -Case Benefits
18) Destination (where client will stay upon exit)
19) Financial Services Provide (if any)
20) Housing Relocation & Stabilization Services Provided (if any)
f. CITY shall provide full reporting requirements as required by HUD,
under separate documentation for RECIPIENT. If RECIPIENT is a legal service or
domestic violence victim services RECIPIENT, and requires client -level information to
remain confidential, they will be required to establish a comparable client -level database
internal to its organization (e.g. no identifying data shared with the HMIS or the CITY and will
provide only aggregate data to the CITY as required). RECIPIENT will work with the HMIS
administering agency, as an agent of the FMCoC, to determine that the alternative database
meets the standards for comparable client -level databases, including compliance with the
HMIS Data and Technical Standards which are acceptable to HUD and the CITY.
g. All data elements specified above in 13(e) must be recorded for each
ESG Program in the HMIS and the fields needed to correctly generate the performance
reports are required to be collected in the comparable database.
h. The RECIPIENT is required to provide housing unit and client data to
the City of Fresno, or designee, to include in the Point in Time survey as administered by the
Fresno -Madera Continuum of Care and as required by the HEARTH Act of2009.
This Section 13 shall survive expiration or termination of this Agreement.
14. Subcontracts. The RECIPIENT shall not enter into subcontracts for any work
contemplated under the Agreement without first obtaining the CITY's written approval.
a. An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CITY's files.
b. RECIPIENT is responsible to CITY for the proper performance of any
subcontract. No such subcontract shall relieve RECIPIENT of its obligations under this
Agreement.
C. Any subcontract shall be subject to all the terms and conditions of this
Agreement.
d. No officer or director of RECIPIENT shall have any direct or indirect
financial interest in any subcontract made by RECIPIENT or in any loan, purchase of
property, or any other arrangement made by RECIPIENT, by whatever name known.
15. Conflict of Interest and Non -Solicitation.
a. Prior to CITY'S execution of this Agreement, RECIPIENT shall complete
a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit D.
During the term of this Agreement, RECIPIENT shall have the obligation and duty to
immediately notify CITY in writing of any change to the information provided by RECIPIENT
in such statement.
b. RECIPIENT shall comply, and require its subcontractors to comply, with
all applicable federal, state and local conflict of interest laws and regulations including,
without limitation, California Government Code Section 1090 et seq., the California Political
Reform Act (California Government Code Section 87100 et seq.) and the regulations of the
Fair Political Practices Commission concerning
disclosure and disqualification (2 California Code of Regulations Section 18700 et seq.). At
any time, upon written request of CITY, RECIPIENT shall provide a written opinion of its
legal counsel and that of any subcontractor that, after a due diligent inquiry, RECIPIENT and
the respective subcontractor(s) are in full compliance with all laws and regulations.
RECIPIENT shall take, and require its subcontractors to take, reasonable steps to avoid any
appearance of a conflict of interest. Upon discovery of any facts giving rise to the
appearance of a conflict of interest, RECIPIENT shall immediately notify CITY of these facts
in writing.
C. In performing the work or services to be provided hereunder,
RECIPIENT shall not employ or retain the services of any person while such person either is
employed by CITY or is a member of any CITY council, commission, board, committee, or
similar CITY body or within one year of their termination therefrom. This requirement may be
waived in writing by the City Manager, if no actual or potential conflict is involved.
d. RECIPIENT represents and warrants that it has not paid or agreed to
pay any compensation, contingent or otherwise, direct or indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
ARTICLE 2 FEDERAL REQUIREMENTS
16. RECIPIENT warrants, covenants and agrees, for itself and its contractors and
subcontractors of all tiers, that it shall comply with all applicable requirements of the Lead -
Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35 and 24
CFR 982.4010). In this regard RECIPIENT shall be responsible for all inspection, testing and
abatement activities.
a. The requirements, as applicable, of the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction
Act of 1992 (42 U.S.C. 4851-4856) and implementing regulations at
24 CFR Part 35. In addition, the following requirements relating to inspection and abatement
of defective lead -based paint surfaces must be satisfied: (1) Treatment of defective paint
surfaces must be performed before final inspection and approval of the renovation,
rehabilitation or conversion activity under this part; and (2) Appropriate action must be taken
to protect shelter occupants from the hazards associated with lead -based paint abatement
procedures.
b. The RECIPIENT agrees to comply with all applicable requirements of
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD
implementing regulation 24 CFR Part8.
C. RECIPIENT agrees to comply with the federal requirements set forth in
24 CFR Part 5, except as explicitly modified below, and use of emergency shelter grant
amounts must comply with the following requirements: (a) Nondiscrimination and equal
opportunity. The nondiscrimination and equal opportunity requirements at 24 CFR Part 5 are
modified asfollows:
i. Rehabilitation Act requirements. HUD's regulations at 24 CFR
Part 8 implement section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as
amended. For purposes of the emergency shelter grants program, the
term dwelling units in 24 CFR Part 8 shall include sleeping accommodations.
ii. RECIPIENT shall make known that use of the facilities and
Services are available to all on a nondiscriminatory basis. If the procedures that the
RECIPIENT intends to use to make known the availability of the facilities and
Services are unlikely to reach persons of any particular race, color, religion, sex, age,
national origin, familial status, or disability who may qualify for such facilities and
Services, the RECIPIENT must establish additional procedures that will ensure that
such persons are made aware of the facilities and Services. The RECIPIENT must
also adopt procedures which will make available to interested persons information
concerning the location of Services and facilities that are accessible to persons with
disabilities.
iii. The RECIPIENT shall be responsible for complying with the
policies, guidelines, and requirements of 24 CFR Part 85 (codified pursuant to OMB
Circular No. A-102) and OMB Circular No. A-87, as they relate to the acceptance and
use of ESG funding by CITY, and Nos. A-110 and A-122 as they relate to the
acceptance and use of emergency shelter grant amounts by private nonprofit
organizations.
d. The RECIPIENT will be responsible for all aspects project contract
award and management including the advertising for bids and shall award the contract to the
lowest responsible and responsible bidder. The RECIPIENT shall verify with the Labor
Relations and Equal Opportunity Division of the HUD Area Office that the low bidder has not
been debarred or suspended from participating in federal projects.
e. RECIPIENT warrants, covenants and agrees that it shall perform the
Services in a manner that does not engage in inherently religious activities and that does not
engage in any prohibited activities described in 24 CFR 576.23. Without limitation,
RECIPIENT shall not unlawfully discriminate on the basis of religion and shall not provide
religious instruction or counseling, conduct religious services or worship, engage in religious
proselytizing, or exert other religious influence in pursuit hereof. Subject to the foregoing,
RECIPIENT does not intend to utilize ESG funding to construct, rehabilitate or convert
facilities owned primarily by religious organizations or to assist primarily religious
organizations in acquiring or leasing facilities to the extent prohibited in 24 CFR 576.23.
f. RECIPIENT shall perform the Services in compliance with, and not to
cause or permit the Services to be in violation of, any existing or future environmental law,
rule, regulation, ordinance, or statute. RECIPIENT agrees that, if CITY has reasonable
grounds to suspect any such violation, RECIPIENT shall be entitled to thirty (30) days' notice
and opportunity to cure such violation. If the suspected violation is not cured, CITY shall
have the right to retain an independent consultant to inspect and test the subject facilities for
such violation. If a violation is discovered, RECIPIENT shall pay for the cost of the
independentconsultant.
g. The OMB Circulars referenced in this Agreement are available at the
Entitlement Cities Division, Room 7282, Department of Housing and Urban Development,
451 Seventh Street, SW, Washington, DC 20410.
17. Relocation.
a. RECIPIENT shall assure that it has taken all reasonable steps to
minimize the displacement of persons (families, individuals, businesses, nonprofit
organizations, and farms) as a result of this project and the Services rendered in pursuit
thereof.
b. A displaced person must be provided relocation assistance at the levels
described in, and in accordance with, 49 CFR Part 24, which contains the government -wide
regulations implementing the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
18. Further Assurances.
a. This Agreement, when executed and delivered, shall constitute the
legal, valid, and binding obligations of RECIPIENT enforceable against RECIPIENT in
accordance with its respective terms, except as such enforceability may be limited by (a)
bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium, or other similar
laws of general applicability affecting the enforcement of creditors' rights generally and (b)
the application of general principles of equity without the joiner of any other party.
b. RECIPIENT represents and warrants as of the date hereof that
RECIPIENT hE:s obtained and, to the best of RECIPIENT's knowledge, is in compliance with
all federal, state, and local governmental reviews, consents, authorizations, approvals, and
licenses presently required by law to be obtained by RECIPIENT for the Services as of the
date hereof.
C. In the performance of this Agreement, RECIPIENT shall promptly and
faithfully comply with, conform to and obey the ACT and all amendments thereto, and shall
maintain all facilities hereunder in compliance with building, health and safety codes.
d. RECIPIENT shall be solely responsible and liable for any recapture or
repayment obligation imposed by HUD due to any act or omission of RECIPIENT in pursuit
hereof.
e. RECIPIENT acknowledges that RECIPIENT, not the CITY, is
responsible for determining applicability of and compliance with the ACT and all other
applicable local, state, and federal laws including, but not limited to, any applicable
provisions of the California Labor Code, Public Contract Code, and Government Code. The
CITY makes no express or implied representation as to the applicability or inapplicability of
any such laws to this Agreement or to the Parties' respective rights or obligations hereunder
including, but not limited to, competitive bidding, prevailing wage subcontractor listing, or
similar or different matters. RECIPIENT further acknowledges that the CITY shall not be
liable or responsible at law or in equity for any failure by RECIPIENT to comply with any
such laws, regardless of whether the City knew or should have known of the need for such
compliance, or whether the CITY failed to notify RECIPIENT of the need for such
compliance.
f. RECIPIENT agrees to comply with the CITY's Fair Employment
Practices and shall not employ discriminatory practices in the provision of the Services,
employment of personnel, or in any other respect on the basis of race, color, creed, religion,
sex, sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a
veteran with disabilities or veteran of the Vietnam era, medical condition, or physical or
mental disability. During the performance of this Agreement, RECIPIENT agrees as follows:
g. RECIPIENT will comply with all laws and regulations, as applicable. No
person in the United States shall, on the grounds of race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental disability be
excluded from participation in, be denied the benefits of, or be subject to discrimination
under any program or activity made possible by or resulting from this Agreement.
h. RECIPIENT will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, sex, sexual preference, national origin,
ancestry, ethnicity, age, marital status, and status as a disabled veteran or veteran of the
Vietnam era, medical condition, or physical or mental disability. RECIPIENT shall take
affirmative action to ensure that applicants are employed, and the employees are treated
during employment, without regard to their race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental disability.
Such action shall include, 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.
RECIPIENT agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination clause.
i. RECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf of RECIPIENT, state that all qualified applicants will receive
consideration for employment without regard to race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, status as a disabled
veteran or veteran of the Vietnam era, medical condition, or physical or mental disability.
j. RECIPIENT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a
notice advising such labor union or workers' representatives of RECIPIENT's commitment
under this Section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
ARTICLE 3 GENERAL PROVISIONS
19. Amendment. This Agreement shall not be modified except by written
amendment approved by the City Council and signed by the parties. Where it is determined
by the Administrator that there is a need to make any change in the Program, services to be
performed, fiscal procedures and system, or the terms and conditions of this Agreement
(including, without limitation, any changes necessary to comply with changes in federal,
state, or local laws or regulations), refusal by
RECIPIENT to accept the change is grounds for termination of this Agreement.
Notwithstanding the foregoing, approval of the City Council is not required for (i)
insubstantial adjustments in line items within the total approved budget, not affecting the
total approved budget amount, approved by the Administrator in his/her sole discretion;(ii)
insubstantial changes in the nature or scope of services specified in this Agreement
approved by the Administrator in his/her sole discretion; and (iii) changes to the insurance
requirements specified in Exhibit C approved by CITY's Risk Manager in his or her sole
discretion.
20. Public Information. RECIPIENT shall disclose all of its funding sources to CITY
which, thereafter, will be public information.
21. Copyrights/Patents.
a. If this Agreement results in a book or other copyrightable material, the
author may seek any available copyright protection for the work unless a work for hire. CITY
reserves a royalty -free, nonexclusive, irrevocable and assignable license to reproduce,
publish, or otherwise use, and to authorize others to use, all copyrighted material and all
material which can becopyrighted.
b. Any discovery or invention arising out of or developed in the course of
work aided by this Agreement, shall promptly and fully be reported to CITY for determination
b}i CITY as to whether patent protection on such invention or discovery, including rights
thereto under any patent issued thereon (reserved henceforth onto CITY), shall be imposed
and administered, in order to protect the public interest.
22. Political Activity Prohibited. None of the funds, materials, property or services
provided directly or indirectly under this Agreement shall be used for any political activity, or
to further the election or defeat of any ballot measure or candidate for public office.
23. Lobbying Prohibited. None of the funds provided under this Agreement shall be
used for publicity, lobbying or propaganda purposes designed to support or defeat legislation
pending before any legislative body.
24. Third Part Beneficiaries. The rights, interests, duties and obligations defined
within this Agreement are intended for the specific parties hereto as identified in the
preamble of this Agreement. It is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
25. Nondiscrimination. To the extent required by controlling federal, state and local
law, RECIPIENT shall not employ discriminatory practices in the provision of services,
employment of personnel, or in any other respect on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital
status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the
Vietnam era. Subject to the foregoing and during the performance of this Agreement,
RECIPIENT agrees asfollows:
a. RECIPIENT will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam
era be excluded from participation in, be denied the benefits of, or be subject to
discrimination under any program or activity made possible by or resulting from this
Agreement.
b. RECIPIENT will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran or veteran of the Vietnam era. RECIPIENT shall
ensure that applicants are employed, and the employees are treated during employment,
without regard to their race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall
apply to RECIPIENT'S employment practices including, but not be limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. RECIPIENT agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
c: RECI.PIENT will, in all solicitations or advertisements for employees
placed by or on behalf of RECIPIENT in pursuit hereof, state that all qualified applicants will
receive consideration for employment without regard to race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status, sex,
age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
d. RECIPIENT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a
notice advising such labor union or workers' representatives of RECIPIENT'S commitment
under this section and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
26. 1 ndependent Contractor.
a. In the furnishing of the services provided for herein, RECIPIENT is
acting as an independent contractor. Neither RECIPIENT, nor any of its officers, agents or
employees shall be deemed an officer, agent, employee, joint venture, partner or associate
of CITY for any purpose. CITY shall have no right to control or supervise or direct the
manner or method by which RECIPIENT shall perform its work and functions. However,
CITY shall retain the right to administer this Agreement so as to verify that RECIPIENT is
performing its obligations in accordance with the terms and conditions thereof.
b. This Agreement does not evidence a partnership or joint venture
between RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY absent
CITY'S express written consent. Except to the extent otherwise provided in this Agreement,
RECIPIENT shall bear its own costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, RECIPIENT and its
officers, agents and employees shall have absolutely no right to employment rights and
benefits available to CITY employees. RECIPIENT shall be solely liable and responsible for
providing to, or on behalf of, its employees all legally required employee benefits. In addition,
RECIPIENT shall be solely responsible and save CITY harmless from all matters relating to
payment of RECIPIENT'S employees, including, without limitation, compliance with Social
Security withholding, and all other regulations governing such matters. It is acknowledged
that during the term of this Agreement, RECIPIENT may be providing services to others
unrelated to CITY or to this Agreement.
27. Notices. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or
sent by United States registered or certified mail, with postage prepaid, return receipt
requested, addressed to the party to which notice is to be given at the party's address set
forth on the signature page of this Agreement or at such other address as the parties may
from time to time designate by written notice. Notices served by United States mail in the
manner above described shall be deemed sufficiently served or given at the time of the
mailingthereof.
28. Binding. Once this Agreement is signed by all parties, it shall be binding upon,
and shall inure to the benefit of, all Parties, and each Parties' respective heirs, successors,
assigns, transferees, agents, servants, employees and representatives.
29. Assignment.
a. This Agreement is personal to RECIPIENT and there shall be no
assignment by RECIPIENT of its rights or obligations under this Agreement without the prior
written approval of the Administrator. Any attempted assignment by RECIPIENT, its
successors or assigns, shall be null and void unless approved in writing by the Administrator.
b. RECIPIENT hereby agrees not to assign the payment of any monies
due RECIPIENT from CITY under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). CITY retains the right to pay any and all monies due
RECIPIENT directly to RECIPIENT.
30. Compliance with Law. In providing the services required under this Agreement,
RECIPIENT shall at all times comply with all applicable laws of the United States, the State
of California and CITY, and with all applicable regulations promulgated by federal, state,
regional or local administrative and regulatory agencies, now in force and as they may be
enacted, issued, or amended during the life of this Agreement.
31. 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.
32. 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.
33, 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.
34. Sev_erability. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
35. Interpretation. The Parties acknowledge that this Agreement in its final form is
the result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be resolved by
construing this Agreement in favor of or against any Party, but rather by construing the terms
in accordance with their generally accepted meaning.
36. 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.
37. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
38. Precedence of Documents. The order of precedence of documents shall be: (1)
Rules and Regulations of Federal Agencies relating to the source of funds for this project; (2)
Permits from other agencies as may be required by law; (3) Supplemental Agreements or
this Agreement the one dated later having precedence over another dated earlier; (4) ESG
Policies and Procedures (5) General Conditions.
Whenever any conflict appears in any portion of the Contract, it shall be resolved by
application of the order of precedence.
In the event of any conflict between the body of this Agreement and any Exhibit or
Attachment hereto, the terms and conditions of the body of this Agreement shall control and
take precedence over the terms and conditions expressed within the Exhibit or Attachment.
Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto
which purport to modify the allocation of risk between the Parties, provided for within the
body of this Agreement, are null and void.
39. 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.
40. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or oral.
[SIGNATURE APPEAR ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, on the day and year first abovewritten.
POVERELLO HOUSE
By:
Cruz vila
Chief Executive Officer
APPROVED AS TO FORM: By:.'`�;
DOUGLAS T. SLOAN
City Attorney Name:
B Title:
racy N. rvanian (If corporation or LLC., CFO,
Senior a Cit Attorney Treasurer, Secretary or Assistant
Date: �� Secretary)
ATTEST: REVIEWED BY:
YVONNE SPENCE, MMC
City Clerk
Deputy
Addresses:
CITY:
City of Fresno
Attention:
Wilma Quan-Schecter
City Manager
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-7770
CONSULTANT:
Poverello House
Attention: Cruz Avila, Chief Executive Officer
5568 W. Ellery
Fresno, CA 93726
Phone: (559) 498-6988
Attachments:
1. Exhibit A — Scope of Services
2. Exhibit B — Budget Summary
3. Exhibit C — Homeless Services Report
4. Exhibit D — Insurance Requirements
5. Exhibit E — Conflict of Interest Disclosure Form
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement "Between" City of Fresno and
Poverello House
Homelessness and the Prevention of Homelessness
Emergency 5oLtions Grant
PROJECT TITLE
SEE ATTACHED
I4/:11 311r_1
SCOPE OF SERVICES
Program Summary
The Poverello House was awarded an Emergency Shelter/Street Outreach portion of the
Emergency Solutions Grant from the City of Fresno. The $11,000 matching funds will be
utilized for additional hotel/motel vouchers for homeless families, homeless veterans, and
homeless youths aging out of the foster care system and case management. The $11,000
grant will be used to provide shelter for at least 15 families.
Project Description
Multi -Agency Access Program (MAP) is an integrated intake process connecting individuals
facing housing, substance abuse and/or mental illness challenges to supportive services. Each
family will go through the "coordinated entry system" in which the head of household will take
the VI-SPDAT to determine vulnerability and housing needs.
Targeted Population: Homeless families veterans and youths aging out of the foster system
that met Housing and Urban Development (HUD) definitions of homeless. ESG matching funds
are utilized to provide case management, additional emergency shelter vouchers to homeless
families, veterans and youth aging out of the foster care system that are determined to be
homeless under the definition of homelessness as defined by HUD.
Agency Capacity and Experience: Poverello House staff has extensive working experience
with homeless clients who struggle with substance abuse, physical disabilities, and mental
illness. For over 10 years, through FEMA's Emergency Food and Shelter Program, Poverello
House had received funds that partially fund the off -site meal program. On average MAP Point
at POV sees at least 1,200 clients per month.
HUD Contracts: Poverello House received ESG funding for Emergency Voucher Program that
provided vouchers for motels for homeless families, veterans and youths aging out of the
foster system. To date there have been no corrective actions for either Naomi's House or the
Motel Voucher program.
Consolidated plan: The Emergency Shelter Motel/Hotel Voucher program targeted goals for
ending homelessness as identified in the city's consolidated plan. Poverello House and its'
shelter programs: Naomi's House and the Emergency Voucher program practices the Housing
First Model. The emergency shelter voucher program fulfills this goal by providing funding for
temporary shelter for homeless families who are in the process of finding housing and
supportive services.
Summary of Services to be provided at the Facility
❑ Emergency Shelter
❑ Homeless Prevention/Housing Assistance
❑ Homeless Diversion
❑ Drug/Alcohol Treatment
❑ Self-sufficiency Skills Training
❑ Outreach
❑ Job Training/Job Search
❑ Day Care
❑ Access to Medical
❑ Immigration Assistance
❑ Referral Services
❑ Case Management
❑ Provide Meals
❑ Free Services
CDBG Activity Category and Matrix Code
'7C' for
Proposed
Public and Community Service Types
Matrix Code
National
Accomplishment
Plar ned
Accomplish-
Ac_complishmpnt Type
f� _ Matrix Code
03T Operating Costs of Homeless/AIDS Patients
-- Programs _ _ --_ -
05Q 5ubsislence Payments
AccomelishmentT ee
�1 People
EXHIBIT B
BUDGET SUMMARY
Consultant Service Agreement "Between" City of Fresno and
Poverello House
Homelessness and the Prevention of Homelessness
Emers}ency Solutions Grant
PROJECT TITLE
SEE ATTACHED
EXHIBIT B
BUDGET SUMMARY
Poverello House
Homeless and Homeless Prevention Program Budget
Proposed Expenditure
Proposed Budget
Approved Bud et
Emergency Vouchers
$20,000
$11,000
Total
$20,000
$11,000
EXHIBIT C
Homeless Services Report
SEE ATTACHED
EXHIBIT C
Homeless Services Report
C�arpo QUARTERLY PERFORMANCE REPORT
■ 'R
ESG PROGRAMS
Name of Agency:
Project:
Submittal Date; Project Completed: %
Reporting Period:
❑ January 1, 2014 to March 31, 2014 ❑ April 1, 2014 to June 30, 2014
❑ July 1, 2014 to September 30, 2014 ❑ October 1, 2013 to December 31, 2014
❑ Other: ❑
I. PROGRESS NARRATIVE
A. List specific accomplishments during this reporting period:
I
B. Problem areas:
C. Is the project following the approved implementation schedule? If not, explain and attach
revised project schedule.
D. Has there been any private sector involvement? If so, please provide information here.
11. SUBDIVISION IMPROVEMENTS AND/OR CONSTRUCTION CONTRACTS AWARDED
Company
Work to be Performed
Amount
Quarterly Report Form
Page 2
Ill.
HOME FUNDS EXPENDITURES (PAYMENT REQUESTS DURING QUARTER)
Request Number
Date of Request
Amount Requested
IV.
CONSTRUCTION MONITORING REPORT
Please attach a Construction Monitoring Report If done by another entity, please attach report.
V.
HOME OWNER PARTICIPATION (IF APPLICABLE)
VI.
BENEFICIARY INFORMATION (ie. Hemeownersltenants" data -USE ATTACHMENT A)
Vil.
AFFIRMATIVE MARKETING AND OUTREACH EFFORTS
Vlll.
PENDING ISSUES
IX.
CONCLUSIONS:
Print Name and Title
Signature Date
Reviewed by City Staff (Signature) Date
EXHIBIT D
MINIMUM SCOPE OF INSURANCE
Consultant Service Agreement "Between" City of Fresno and
Poverello House
Homelessness and the Prevention of Homelessness
Emergency 501ufi0ns Grant
PROJECT TITLE
Coverage shall be at least as broad as:
The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, providing liability coverage arising out of your
business operations. The Commercial General Liability policy shall be written on an
occurrence form and shall provide coverage for "bodily injury," "property damage"
and "personal and advertising injury" with coverage for premises and operations
(including the use of owned and non -owned equipment), products and completed
operations, and contractual liability (including, without limitation, indemnity obligations
under the Agreement) with limits of liability not less than those set forth under
"Minimum Limits of Insurance."
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy shall
be written on an occurrence form and shall provide coverage for all owned, hired, and
non -owned automobiles or other licensed vehicles (Code 1- Any Auto). If personal
automobile coverage is used, the CITY, its officers, officials, employees, agents and
volunteers are to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4, Professional Liability (Errors and Omissions) that includes Cyber Liability (Privacy
and Data Breach) insurance appropriate to RECIPIENT'S profession.
la'�11►iii'1Nli'►ll�l�'�llii>i�Y�I;�J►-��171►C+
RECIPIENT, or any party the RECIPIENT subcontracts with, shall maintain limits of liability of not
less than those set forth below. However, insurance limits available to CITY, its officers, officials,
employees, agents and volunteers as additional insureds, shall be the greater of the minimum limits
specified herein or the full limit of any insurance proceeds available to the named insured:
(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 theAgreement.
$1,000,000 per accident for bodily injury and property damage. OR*
3- WORKERS' COMPEN ATION IN RANCE as required by the State of California
with statutory limits.
�NWIA III.!I`OX440. Fy-W-H-WRM
(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) & (Privacy & Data Breach
coverage):
(i) $1,000,000 per 0aim/occurrence; and,
(ii) $2,000,000 policy aggregate.
QMBRELLA OR EX_C_ESS INSURANCE
In the event RECIPIENT purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of Insurance," this insurance policy(ies) shall "follow form" and afford no less
coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance
policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its
officers, officials, employees, agents and volunteers.
RECIPIENT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and RECIPIENT shall also be responsible for payment of any self -insured
retentions. Any deductibles or self -insured retentions must be declared on the Certificate of
Insurance, and approved by, the CITY'S Risk Manager or his/her designee. At the option of the
CITY'S Risk Manager or his/her designee, either:
(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) RECIPIENT shall provide a financial guarantee, satisfactory to CITY'S
Risk Manager or his/her 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.
� ■ i ■ ice► �i� �l ■ ��i ���
The General Liability and Automobile Liability insurance policies are to contain, or be endorsed to
contain, the following provisions:
CITY, its officers, officials, employees, agents and volunteers are to be covered as
additional insureds. RECIPIENT shall establish additional insured status for the City
and for all ongoing and completed operations by use of ISO Form CG 20 10 11 85 or
both CG 20 10 10 01 and CG 20 37 10 01 or by an executed manuscript insurance
company endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection afforded
to 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 related to this Agreement, RECIPIENT'S insurance coverage shall be
primary insurance with respect to the CITY, its officers, officials, employees, agents
and volunteers. Any insurance or self-insurance maintained by the CITY, its officers,
officials, employees, agents and volunteers shall be excess of RECIPIENT'S
insurance and shall not contribute with it. RECIPIENT shall establish primaryf and non-
contributory status by using ISO Form CG 20 01 04 13 or by an executed manuscript
insurance company endorsement that provides primary and non-contributory status as
broad as that contained in ISO Form CG 20 01 04 13.
The Workers' Compensation insurance policy is to contain, or be endorsed to contain, the following
provision: RECIPIENT and its insurer shall waive any right of subrogation against CITY, its officers,
officials, employees, agents and volunteers.
If the Professional Liability (EiTois and Omissions with C ber Liability insurance policy is written on a
claims -made form:
The retroactive date must be shown and must be before the effective date of the
Agreement or the commencement of work by RECIPIENT.
2. Insurance must be maintained, and evidence of insurance must be provided for at
least five (5) years after completion of the Agreement work or termination of the
Agreement, whichever occurs first, or, in the alternative, the policy shall be endorsed
to provide not less than a five (5) year discovery period.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made
policy form with a retroactive date prior to the effective date of the Agreement or the
commencement of work by RECIPIENT, RECIPIENT must purchase "extended
reporting" coverage for a minimum of five (5) years after completion of the Agreement
work or termination of the Agreement, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not be
cancelled, non -renewed, reduced in coverage or in limits except after thirty (30) calendar days written
notice by certified mail, return receipt requested, has been given to CITY. RECIPIENT is also
responsible for providing written notice to the CITY under the same terms and conditions. Upon
issuance by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction in
coverage or in limits, RECIPIENT shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). In the event any policy is due to expire during the work to be
performed for CITY, RECIPIENT shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date
of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by any defense costs, then the requirement for the
Limits of Liability of these policies will be twice the above stated limits.
The fact that insurance is obtained by RECIPIENT shall not be deemed to release or diminish the
liability of RECIPIENT, including, without limitation, liability under the indemnity provisions of this
Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be
provided by RECIPIENT. Approval or purchase of any insurance contracts or policies shall in no way
relieve from liability nor limit the liability of RECIPIENT, its principals, officers, agents, employees,
persons under the supervision of RECIPIENT, vendors, suppliers, invitees, consultant, sub -
consultant, subcontractors, or anyone employed directly or indirectly by any of them.
SUBCONTRACTORS — If RECIPIENT subcontracts any or all of the services to be performed under
this Agreement, RECIPIENT shall require, at the discretion of the CITY Risk Manager or designee,
subcontractor(s) enter into a separate Side Agreement with the City to provide required
indemnification and insurance protection. Any required Side Agreement(s) and associated insurance
documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or
designee. If no Side Agreement is required, RECIPIENT will be solely responsible for ensuring that
it's subcontractors maintain insurance coverage at levels no less than those required by applicable
law and is customary in the relevant industry.
RECIPIENT shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be received and
approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the
Agreement and before work commences. All non -ISO endorsements amending policy coverage shall
be executed by a licensed and authorized agent or broker. Upon request of CITY, RECIPIENT shall
immediately furnish City with a complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be a true and correct copy
of the original policy. This requirement shall survive expiration or termination of this Agreement.
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Consultant Service Agreement "Between" City of Fresno and
Poverello House
Homelessness and the Prevention of Homelessness
Emergency Solutions Grant
PROJECT TITLE
YES*
NO
1
Are you currently in litigation with the City of Fresno or any of its
❑
4
agents?
2
Do you represent any firm, organization or person who is in
❑
E.\A
litigation with the City of Fresno?
3
Do you currently represent or perform work for any clients who do
❑
business with the City of Fresno?
4
Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
❑
City of Fresno, or in a business which is in litigation with the City of
Fresno?
5
Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
Cl
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:
Z;�
Signature
Date
r2.(7• fO
Additional page(s) attached. Poverello House
Cruz Avila, Chief Executive Officer
5568 W. Ellery
Fresno, CA 93726
Phone: (559) 498-6988