HomeMy WebLinkAboutWestcare California, Inc. - Emergency Solutions Grant to Provide Assistance to Homesless - 20164)
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THIS AGREEMENT is made and en
between the ClTy OF FRESNO, a Ca
911{9lng, lnc., a Catifornia S01(c)(3)
RECIPIENT are sometimes hereinafter
Parties.
CITY has received a grant commitment from the united..States Department of Housingand urban Development ('HUD) to administer and implement the gmerge;y solutions Grant
SJHfjtå or Fresno in accoráance wíth the provisiòns ot 24 cFR Éårt-'szo et seq. anJ
The purpose of the ESG grant is to provide assistance to the homeless and those at riskof becoming homeless to quickiy regar.n åtauitity in permanent housing anèi experiencing ahousing crisis and/or homelessness w¡th¡n the city.
Then ClTy issued a N
specific plans to provide eligi
homeless prevention assistã
assistance to rapidly re-house persons who
to 2.5o/o of award). The contracl award ís
. The Recipient is a member of the Fresno- Madera conrinuum of Gare.
rterly ESG performance meetings.
the Coordinated Entry System.
:tter of Commitment,, for matching funds and a
access to matchins runds ror erisibre ,"'*'',",J:ff:,t:::f,rt:J:ffåìli?"ihat thev have
" The Recipient shall provide client evaluations to determine eligibility of other applicableprograms and permanent housing solutions.
' The Poverello House must demonstrate and document that food is an eligible matchsource' and meet HUD standards as an Emergency Day sherter.
ln response to the itted a Proposal which included a scope ofwork and cost proposar ín Exhibits A and e respectivery andrepresents it is capabre tne requiremá.t. àt tl"'ñärn and thisAgreement.
NoW, THEREFORE, in consideration of the.foregoing and of the covenants, conditionsand premises hereinafter combined to be kept and perrirmèo by the respective parties, it ismutually agreed as follows:
ARTICLE I
DEFlNlrloNS' wherever used in this Agreement or any of the contract documents, thefollowing words shall have the meaning hereirigiu"n, unl"r" ir," "ont""i';ı;Ë, a differentmeaning.
'ACT' - 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant andConsolidated Plan Conforming Amendments lnterim Rule , published in the Federal Register onDecember 5,2011 (76 Fed. Reg. 7S9S4).
"Administratod' and "Contract Administrator" shall mean the Manager of the Housing andCommunity Development Division of the Development and Resource Ma-nagement Depart-ment
of City or his or her designee.
"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 aitachments and addenda.
"Budget" shall mean RECIPIENT's Cost Proposal submitted with the Bid proposal.
"City Manager" shall mean the City Manager of ClTy.
"Contract" or "Contract Documents' shall mean and refer to this Agreement including itsexhibits and the NOFA and Bid Proposalwith allattachments and addendãthereto.
"ESG" shall mean Emergency solutions Grant as set forth in the ACT.
'General Conditions" or "General Requirements" shall mean the General Requirements
contained in the NOFA.
"Program" shall mean services designed to identify sheltered and unsheltered homelesspersons, as well as those at risk of homelessness, and provide necessary help to those personsquickly regain stability in permanent housing after experiencing a
-housing
crisis and/orhomelessness within the parameters and requirements of the AC1: and the ESIG policies andProcedures.
"Program income" for the specific purpose of this Agreement shall be as defined in theACT. Unless othenryise provided for in the ACT, program income shall include any and all grossincome earned by or accruing to RECIPIEN l- in its pursuit hereof provided tn"t th"-t"rmprogram income does not include rebates, credits, discounts or refunds realized by RECIptENT
in its pursuit hereof.
"NOFA' uest for Proposal Number 11152015 for the City of FresnoEmergency Sol october 15, 2015 including without limitation ihe general
requirements, b allits attachments, appendices and addenda.
"Scope of Services or Services" shall mean those services submitted with RECIpIENT'sbid proposal to be offered in fulfillment of the Program and inctuded in Exhibit A.
1. Contrac.t Administration. This Ag t Documentsshall be administered according to the order for ClTy byAdministrator who shall be RECIPIENT's point of shall report.
2' Scope of Services. RECIPIENT shall provide the Program in conformance wilhthe Contract Documents and perform to the satisfaction of CITY those services set forth inExhibit A and services necessarily retated or incidental thereto even thougn nói áxpressly setforth therein.
3' lt is the intent of the Pafties that thisAgreement be forth above as to all terms and condirions of theAgreement. Services of RECIPIENT shall commence as of July 1't, zoìa åno shall endDecember 31't, 2016, which shall be the term of this Agreement, unless terminated earlier asprovided herein. The contract end dates may be extendãd three (3) months after if funding hasnot yet been fully expended.
4- Compensation and Method of Paymeni. clTY shall pay REctplENT theaggregate sum of not to exceed Two Hundred and Seven Thousand Dollars rño Z"ro Cents
l$?01'00q-00) for satisfactory performance of the services rendered therefore ,nà ., set forth inExhibit B attached hereto and incorporated herein. Compensation is based on actualexpenditures incurred by RECIPIENT ín accordance with the Budget set forlh in Exhibit B. lt isunderstood that all expenses incidental to RECIPIENT's performance of servùes under thisAgreement shall be borne by the RECIPIENT. lf RECIPIENT shoutd fait to compty w¡tn aÀvprovisíons of this Agreement, CITY shall be relieved of its obligation for further compensation.
service : 3î"',iili#Jî¡5-'J'lFjll,lf:!jiî,1î
normal
ofaco
be for the actual expenditures incurred by RECI
shall be made after receipt and verification
submítted CITY at the address given for notices on the signature page hereof or at suchaddress the clrY may from time to time designate by written notice.
ole discretion, agree in writing to
RECIPIENT's showing that such
that total payments under this
ded for in subsection (a), and any amounts
fiscal year of the ClTy covering the periodfor which an advance is proposed.
(c) Any funds paid by CITY hereunder which remain unearned at theexpiration or earlier termination of the Agreement shall be, and remain in trusi, gn property ofCITY and shall be remitted to CITY wìthin 10 Jays of expiration or earlier teimination of thisAgreement. Any interest thereon must be credited to or returned to CtTy. Úù;;;y dissotutionof RECIPIENT, all funds advanced pursuant to this Agreement and not äxpended shall bereturned to CITY.
(d) CITY will not be oblig_ated to make any payments under this Agreement ifthe request for payment is received by the clTY more than óo dáys after the date of terminationof this Agreement or the date of expiration of this Agreement, whióhever o..rr"iñ.i.
hereunder is ilr'J3ä"Ëi'li,jjür;J
withdrawn, or earned or promiËed tand/or should I to appropriate said fund notprovide said funds to unless ey are made available for lTyby HUD and clrY re ppropri unds. No other funds ow iledby CITY shall be obli this Ag to the pro¡ect(s). Should sufficient funds not
3
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. Matchinq 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 marketvalue. Other federal funds may be used as matching funds unless expressly prohibited by law
or contract. Unless othenruise provided by applicable law or contract, matching funds sháll be
applied in furtherance of the Scope of Work hereunder. To qualifv rnatchinq funãs as such thev
must be applied in furtherance of the services hereunder.
6- he event any funding provided by a party other
than CITY for rformed by RECIPIENT is suspended, réduced
or withdrawn, this Agreement immediately upon its receipt of
notice thereof, or termínate this Agreement as provided in Section g 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 oFany'of RECIPIENT'S staff, inctuding 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 re.¡eCt in his orher sole discretion, or (ii) complete an orderly phase out of services. it tne Administrator
accepts such new service or funding plan, then such plan will be subject to the requirements in
Section 14 below.
7. Absent the ClTy's written consent, anyprogram inco used to reduce the ClTy's reimbursemeni
obligations hereunder, or in the absence thereof promptly remitted entirely to the ClTy.
8. Events of Default. When in the opinion of CITY, there is an occunence of any
one or more of the following provisions it will represent an Event of Defautt for purposes of thió
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 by recipient.
(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, readjustrnent, 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 ínability to pay
its debts as they become due or RECIPIENT's assignment for the benefil of creditors.
0) A receiver, trustee, or liquidator being appointed for RECIPIENT or any
substantial part of RECIPIENT's assets or properties, and not removed within ten (10) days.
(k) RECIPIENT's breach of any other material condition, covenant, warranty,
promise or representation contained in this Agreement not otheruvise 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 REGIPIENT 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; (ii¡) 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) lmmediately 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) retum to CITY any and all unearned payments and all
properties and mater¡als in the possession of RECIPIENT that are owned by ClTy. Subject to
the terms of ihis 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 re asonably could have been avoided.
(c) Upon any breach of this Agreement by RECIPIENT, ClTy may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be available tóit 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 direci
indirect, consequential, economic and incidental damages for the breach of the Agreement. tf it
is determined that CITY improperly terminated this Agreement for default, such termination shall
be deemed a termination for convenience.
(d) ln no event shall any payment by CITY pursuant to this Agreement
constitute a waiver by CITY of any breach of this Agreement or any defaull which may then exist
on the part of RECIPIENT, nor shall such payment impair or prejudice any remedy ãvailable to
CITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of REGIPIENT the repayment
to CITY of any funds disbursed to RECIPIENT under this Agreement which, in the judgmLnt of
CITY, were not expended in accordance with the terms of this Agreement, anO RECIpIENT
agr€es to promptly refund any such funds within 10 days of CITY'S written demand.
10. lndemnification. To the furthest extent altowed by law, RECIPIENT shall
CITY and each of its officers, officials, årptày""", agents
liability, fines, penalties, forfeitures, costs and damages
ility, including but not lÍmited to personal injury, death at
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.
lf RECIPIENT should subcontract all or any portion of the services to be performed
under this Agreement, REGIPIENT shall require each subcontractor to indemnify, hold harmless
and defend CITY and each of its officers, officials, employees, agents and votunteers in
accordance with the terms of the preceding paragraph.
This section shall survive expiration or termination of this Agreement.
11. lnsurance.
(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 sote
discretion.
(b) lf 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 iull force and
effect, all services and work under this Agreement shall be discontinued immediately, and allpayments due or that become due to RECIPIENT shall be withheld until notice is reðeived 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 therequired insurance shall be sufficienl cause for CITY to terminate this Âgreement. No action
taken by CITY pursuant to this section shall in any way relieve RECIP¡ENT 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, oihas had proceedings commenced against it, indicating that the insurer is insolveÁt.
(c) The fact that insurance is obtained by RECIPIENT shall not be deemed torelease or dimínish the liability of RECIPIENT, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to alÍ claims andlíability regardless of whether any insurance policies are applicable. The poiicy limits do not actas a limitation upon the amount of indemnification to be provided by REClplÉNT. Approval orpurchase of any insurance contracts or policies shall in no way relieve from liability nor limit theliability of RECIPIENT, its principals, officers, agents, employees, persons under lhe supervisionof RECIPIENT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, oranyone employed directly or indirecily by any of them.
(d) Upon request of CITY, RECIPIENT shall immediately furnish CtTy with acomplete copy of any insurance policy required under this Agreément, including allendorsements, with said copy certified by the undenruriter to be a truJand correct copy ıt tneoriginal policy. This requirement shall survive expiration or termination of this Agreement.
(e) lf RECIPIENT should subcontract all or any portion of the services to beperformed under this Agreement, RECIPIENT shall require each subcontractor to provide
insurance protection in favor of CITY and each of its officers, officials, employees, agents andvolunteers in accordance with the terms of this section, except that any required certificates and
applícable endorsements shall be on file with RECIPIENT and CITY prior to the commencement
of any services by the subcontractor.
12. On-Site Monitorinq. Authorized representatives of HUD andlor the Gity shallhave the right to monitor the RECIPIENT's performance under this Agreement. Suchmonitoring may include inspection activities, review of records, and attendãnce at meetings:
RECIPIENT shall reasonably make its facilities, books, records, reports and accounts available
for City's inspectíon in pursuit hereof.
This section 12 shall survive termination or expiration of this Agreement.
13. Records. Reports and lnspection.
(a) RECIPIENT shall establish and maintain records in accordance with altrequirements prescribed by CITY, HUD and generally accepted accounting principles, with
respect to all matters covered by this Agreement. As applicable, REClplSrullnalt comply withall applicable requirements of the Office of Management and Budget Circular A-122, CostPrinciples for Non-Profit Organízations; OMB Círcular A-133 Audits of States, Local
anizations, including the provision of a single
federal sources in any fiscal year exceeds gS
CITY any applicable auditor,s reports and a
statements no laterthan three (3) months after the REclplENT's fiscalyear end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110 IJniform
Administrative Requirements for Grants and Other Agreements with lnstitutions of Higher
E d u c at io n, H o sp it al s, a nd Ot h e r N on - P rof it O rg an iz at i o n s.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
(1) RECIPIENT shall send all required reports to the Administrator not
later than the fifteenth of the month following the last day of the latest month for which
the report is due.
(2) Except as othenruise authorized by CITY, RECIPIENT shalt retain
such records for a period of five (5) years after receipt of the fìnal payment under this
Agreement or the earlier termination of this Agreement, whichever occurs later.
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 pedaining 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 rnay deem
necessary, maketavailable 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 permÍt 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 monítoring 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 lnformation Systems ("HMlS') 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 pr+'approved by the CITY. Reporting in a database cornparable 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 repoding purposes:
Name
Social Security Number
Date of Birth
Race
Ethnicity
Gender
Veteran Status
Disabling Condition
Residence Priorto Program Entry
Zip Code of Last Permanent Address
Housing Status
Program Entry Date
Program Exit Date
Personal ldentification Number
Household ldentífication Number
lncome and Sources
Non-Case Benefits
Destination (where client will stay upon exit)
Financial Services Provide (if any)
Housing Relocation & Stabilization Services Provided (if any)
(f) CITY shall provide full reporting requirements as required by HUD, under
separate documentation for RECIPIENT. lf RECIPIENT is a legal services or domestic violence
victim services RECIPIENT, and requires client-level information to rernain confidential, they will
be required to establish a comparable client-level database internal to its organization (e.9. 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 Contínuum of Care and as required by the HEARTH Act of 2009.
. 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.
1)
2)
3)
4)
5)
6)
7)
8)
e)
10)
11)
12)
13)
14)
1s)
16)
17)
18)
1e)
20)
(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 REC¡PIENT 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 lnterest 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 E.
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 iequest 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 díscovery of any facts givÍng rise
to the appearance of a conflict of interest, RECIPIENT shall immediately notify CITY of these
facts in writing.
(c) ln 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 othenruise, direct or indirect, to solicit or procure this
Agreement or any rightsibenefits 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
10
982.401(J). ln 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. ln 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 Rehabilítation Act of 1973 (29 U.S.C. 794) as amended and HUD
implementíng regulation 24 CFR Part 8.
(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 S are
modified as follows:
(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 unifs in 24 CFR Part B
shall include sleeping accommodations.
(i¡) RECIPIENT shall make known that use of the facilities and
Services are available to all on a nondiscriminatory basis. lf 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 comptying with the
policies, guidelines, and reguirements 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
11
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.
(0 RECIPIENT shall perform the Services in compliance with, and not to
cause or permit lhe 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. lf the suspected violation is not cured, CITY shall have the
right to retain an independent consultant to inspect and test the subject facilíties for such
violation. lf a violation is discovered, RECIPIENT shall pay for the cost of the independent
consultant.
(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 governmenlwide
regulations implementing the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URA) (42 U.S.C. 4601-4655).
18. FurtherAssurances.
(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 has 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) ln 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 allfacilitíes hereunder in compliance with buildíng, health and safety codes.
12
(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 Galifornia Labor
Code, Public Contract Gode, 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 Partíes' respective righls 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 whelher the CITY failed to notify REGIPIENT of
the need for such compliance.
(Ð 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:
(i) 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.
(ii) RECIPIENT will not discriminate agains{ any employee or
applicant for employment because of race, color, creed, religion, sex, sexual preference,
national origin, ancestry, ethnicity, age, maritalstatus, 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; recruilment 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 nondiscr¡mination clause.
(¡ii) RECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of RECIPIENT, state that all qualified applicants will
receíve consideralion for employment without regard to race, color, creed, religion, sex,
sexual preference, nalional origín, ancestry, ethnicity, age, marital status, status as a
13
disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability.
(¡v) 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 noiice in
conspicuous places available to employees and applicants for employment.
ARTIGLE 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 wíth 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 Gouncil 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 ín Exhibit G approved by CITY's Risk Manager in his or her
sole discretion.
20. Public lnformation. RECIPIENT shall disclose all of its funding sources to CITY
which, thereafter, will be public information.
21. Copvriqhts/Patents.
(a) lf 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 othenruise use, and to authorize others to use, all copyrighted material and all material which
can be copyrighted.
(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 by
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. 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. Lobbvinq 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.
14
24. Third Partv 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. lt is not intended that any rights or interests in this Agreement benefit or flow to
the interest of any third parties.
25. Nondiscriminatíon. To the extent required by controlling federal, state and local
law, RECIPIENT shall not employ discriminatory practices ín the provision of seryices,
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 Vietnamera. Subject to the foregoing and during the performance of this Agreement, RECIPIENT
agrees as follows:
(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 disabitity,
mental disability, medical condltion, 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 requirernent shall apply to RECIPIENT'S employment
practices including, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertisingl{qy..off or terrnination; 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 employmenl, notices
setting forth the provision of this nondiscrimination clause.
(c) RECIPIENT will, in all solicitations or adve¡lisements 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 bargainíng agreement or other contract or understandÍng, 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. lndependent Contractor.
(a) ln the furnishing of the servíces 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 venturer, partner or associate of CITY for any
15
superv¡se or d¡rect the manner or method by
ctions. However, ClTy shall retain the right to
RECIPIENT is performing its obligations in
(b) This Agreement does not evidence a paftnership or joint venture between
RECIPIENT and CITY. RECIPIENT shall have no authority to bind
-ClTy
absent ClTy,Sexpress written consent. Except to the extent othenruise 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 iesponsible for providing
to, or on behalf of, its employees all legally required employee benefits. ln addition, REClplENi
thall be solely responsible and save CITY harmless from all matters relating to payment ofRECIPIENT'S employees, including, without limitation, comp al
-Security
withholding, and all other regulations governing such matters. lt that durini
the term of this Agreement, RECIPIENT may be providing service ted to ClTy
or to this Agreement.
27 ' Notices. Any notice required or intended to be given to either party under theterms of this Agreement shall be in writing and shall be deemed to be duly given if deliveredpersonally, transmitted by facsimile followed by telephone confirmation of reieipt, or sent byUnited 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 sei tortn on the
signature page of this Agreement or at such other address as the parties may from time to timedesignate by written notice. Notices served by United States mail in tñe manner above
described shall be deemed sufficiently served or given at the time of the mailing thereof.
28. Bindinq. 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. Assionment.
(a) This Agreement is personal to REclplENT and there shall be noassignment 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) RECI¡5|ENT hereby agrees not to assign the payment of any moníes dueRECIPI under the terms of this Agreement to any other individual(s),corpora s). GITY retains the right to pay any and all monies due REClplEÑî
directly
30. Compliance with Law. ln providing the services required under this Agreement,
RECIPIENT shall at all times comply with all applicable laws of the United States, the State ofCalifornia and CITY, and with all applicable regulations promulgated by federal, siate, regionalor local administrative and regulatory agencies, now in force and aJ they may be'enãcted,
issued, or amended during the life of this Agreement.
16
3'1. Waiver. The waiver by either Party of a breach by the other of any provision of
this Agreement shall not consiitute 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. Governino 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. Headinqs. 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. Severabilitv. 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. lnterpretation. The Parties acknowledge that this Agreement in its fìnal 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. Attornev's Fees. lf 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.
ln 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.
17
(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.
ln 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 Aoreement. 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.
WestCare California, lnc.
Grant Number: E1 5MC060001
Shelter
Admin
70.000
$137,000
$o
Total:$207,000
[SIGNATURE APPEAR ON NEXT PAGE]
lN WITNESS WHEREOF, the pafties have executed this Agreement at Fresno,
California, the day and yearfirst above written.
CITY OF FRESNO,
a municipal corporation
WestCare California lnc.,
a California 501(c)(3) not-for-rofit Corporation
Bruce Rudd
City Manager
Date:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
By: l)amc -
Deputy Nln¡ø þl 't''.'.c1-V(\r^S¿1 ¡t
Date:
By:
By:
Shawn Jenkins
Senior Vice Presi
(lf corporation or LLC, Board ChaÍr, Pres. or
Vice Pres.)
o-r._\_lú-\,\1o ß,,.,d
or LLC, CFO,
ÊA u'òc-cA
t-Õl) ^ ó3
Date:
Addresses:
CITY:
City oÍ Fresno
AttentÍon: Bruce Rudd, City Manager
2600 Fresno Street Room 3076
Fresno, CA 93721
Phone: (559) 621-8300
FAX: (559) 4BB-1078
Attachments:
RECIPIENT:
WestCare California lnc.
Attention: Shawn Jenkins
Address: 1505 N. Chestnut Street
Fresno, CA 93703
Phone (559) 251-4800 x2092
FAX: (5s9) 453-7827
1.
2.
J.
5.
4..
Exhìbit A - Scope of Services
Exhibit B - Budget Summary
Exhibit C - Homeless Services Report
Exhibit D - lnsurance Requirements
Exhibit E - Conflict of lnterest Disclosure Form
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Atto y
randon M. Collet
Deputy City Attorney
19
EXH¡BIT A
SCOPE OF SERVICES
Gonsultant Service Agreement "Between" the City of Fresno
and WestGare California, lnc.
Emerqencv Solutions Grant
PROJEGTIITLE
Program Funding Application
Executive Summary (1 page)
Section Ser:fion Hearlino Attachment Documents
*Acknowledge review of
insurance requ¡rements
- nla
1 Project Summary . Form (one page)
2 Project Description . Narrative (two pages)
3 Meeting Program Priorities . Narrative (two pages)
4 Project Schedule - Narrative (one page)
5 Experience of Apflicant(s)- Narrative (two pages)
6 Current and Completed Projects - Narrative (one page)
7
Acknowledge Consistency
with Federal/Local Funding
Requirements
. nla
8 Budget . Form (two pages)
ORGÁN|ZANON NAUE
PROJECTNAI¡E
ESGÀCI¡VITY
Section B
Budget Summary
BUDGET PROPOSÂL - CITY OF FRESNO ESG
TIñ,ELVE (12) i¡tOr{IH BUDGET PROPOSÀL
COUNTYESG
GfIYESGtunds tunds (awarded,
ToTALBUDGET cnyEscñnrrs ffi5$ryrr*n S!ffi;;Ilh*forthisprþgran propGÊd prosrâm progtêIn
Maldlûng finds fDr Sou¡te(s) of Í¡âtcå¡ng
his pmgram funds fur this pEgr¿m
WestoârêCalíbni4 lnc
City of Fresno ESe (Pmjed Unite)
Rapíd Re*læsing - Housinþ Refocation
lqmmmya cGErup to ¿àft 0l EsG
iJnd¡ ,€qjesled bt D¡ooÉm acrlviüæ s I $6 $
West€are Callfomia, tnc
.GtVof F¡esno EsG (Proiect Unite)
l2*nonth Budget U tl 16 - t213il76
lubcont¡aclor - Tum¡n8 Po¡nt
ttreet Outreach & Emergency
ücher
luming Polnt, will provide housing asistance in the forms of brídge housing and homeless
¡reventlon asifincä induding paynentof enears fol renl and/9r utllities, ortemporary plaæmenl
n The Sheds. Glolated at an est¡mãted $14,699'33 Per mo. x 6 mos.
ll¡sÌCare Califomia
lental Assistance runds to provide asslstance to d¡enb forshort-term,.medium-term, or ons't¡me paymed for ¡ent in
¡nears. Estimated ats2.æ1 Þer month x 6 months'
þcurity & tltlfty Deposits tunds to asslst cl¡ents with seo¡fty and/qr ut¡l¡ty depos¡t assistance. Estimaté¡l at 9478 per month x 6
Ìonths,
Itil¡tv Þâw6tç Ðñds to assist cliena with uti[ty paymørts, Estimaled at $478 per'month x 6 months.
lnd¡rect Costs . ¡c¡¡culãted at 26,7X of dlrcct cosÈ.
UestCare Californîa
cåse Manãge¡ (1 FT& 1 PTI Case ManaBers will provftle indivlduals ?rid theh ñm¡l¡es with caqe management lo ensùte they
b'aúnidn to ¡ñdependence. This will inchide arrangement, coordination, monitoring, and delivery of
services relaled to meeting the housing needs of clientS and helping them obta¡n hous¡r€ stabinty.
Houslng [ocator ûe Hous¡ng ¡.ocatorwill be responsibleforldentifring and transilionlng program dients ir¡to lable
roudnp. Thb wlll be a full time staff.
Director of Houslng Services lhe D¡rcctor of Houslng Savlces will be responsible for the ovenlght ofthe prognm and scope of
rork Th's poslüor will approve a! purdræe to eruure costs are wilhin budge! mon¡tor data for
Ðntract comdiance, qubmÎt performance reporB, and w¡ll provide superuislon throui'h dhec
¡bcenr¿tion and follow.uptralning.This wlll be a 23% FIE. '
FrinEe Benefils bkü]ãtÞd et 23-791of totel!Êlarl8
@mmun¡cat¡ons connectivity te€s asociated with tl¡e cell phone to be used by WestCar-e ESG program sufi ofñce
pìone, and intemet connectivity. Gla¡hted ar $3Uj¡7 per month x 1:! months.
Ofilce Supplles fhb l¡ne ¡tem representsthe cost ofcoruumablessuch as paper, pens, clþboards, toner, ete
åld¡lated at an est¡mated 5263 per mon$ x 6 months' ,
ofñce Uûfrdes ftese are tfie elecùlcity, natunl gæ, and olher ul¡lity costs allocated per the rented space in t-hè
;á|tu'+^ hâ ¡r!êá ìñrthsilffiñ aâlÈrlâìÞrl âi (1n1 ær ñ^n'th r 6 hnnthc
OfFce Repa¡ß/Ma¡ntenance brthe d?l,.{eday fadlity repafrs of the pro8nm f¿cility. CalcuHed at an estimated aver¿ge of 925
refn¡onthx6months.
Staff Mileage/Fr.¡el For miþaBe reimbursements due to Westcâre ESG stâfffor use oftheir pe¡sonal vehlclefo¡ progr¿m
'etâred trävel catcidated at an estimated 3Ú9.71 Þer month x 12 months
lndirect Costs :alß¡lated at 25.796 of dired costsj
¡t8tcaÉ Râûld Rdlousine Activit¡ú - Rlntal A$biance
Rental A¡sistance :ünds.to prov¡de a5s¡stance to d¡ents furshort-term, medium-term, or onetlme paymer¡tfor rmt ¡n
tffears. Btimãted at s8355 per month x 6 months.
Secur¡ty & Utility Depos¡ts funds to'asslst cl¡ents ì¡ì,ith sesrr¡ty and/or utility depos¡t assistance. Est¡mated at $6,205 per month )
6 months
Uillftv Pavments Èùn.lc tô ãç<¡ql.{¡mt(w¡lh ut¡lítv Deúments Estlmated at 51-493 ber r¡lonth x 5 mnths-'
lndirectCosts Celcuhed at 26.7f of direct costs.
iubcontrador.- Tuming Potnt
lR Car€ Manâgêrner¡t
Jur panner, Tuming Poínq, wlll provlde Rapfd Rehous¡ng case Mahagement Celcutated at àn
sdmatêd 32053 oer month x 6 months,
Subcont¡actor - Poverdlo
llouse Rapld Rehoulng
)ur partner, Poverello House, willwork in colicerr with WestCare and TuminÈ Po¡nt on 'Project
Jn¡te" by conductlng lnltiel asses$renb of the cllents fn the V¡llages to determine tl¡e type of
ìupportive servlce or socialsewioe rqulred. Once Initial needs are assesse4 Poverellolþose will
€fer cl¡ents toTumlnB Pofnt for btldBe housing or Westcare for additional housinB naviBation.
roverello House willwort with Tumlng P9¡nt and westca;eto help dfents obtai4 docrmenÈ needed
br houslng
Section C
Homeless Service Report
E)(ECIITTVE STIMMARY
WestCar,e California" Inc. (WCCA) seeks $382,452.98 in Crty of Fresno Emergency Solutions
Grant @SG) ftnding to support the rapid-rehousing assistance and homelessness prevention
efforts of Project Unite. This project is cunently supported by Crty of Fresno ESG funds.
Project Unite's housing services are in high deman( and \MCCA a:rd our partners Turning Point
of Cenhal Califomia (T?CC) and Pove¡ello House @II) seek to continue providing this valuable
assistance lr-2016. WCCA serves as the lead organization and fÌscal agent for this
collaboration which allows for eflective and efficient use of resources and avoids duplication of
services. Each agency provides a match for this project
Project Unite began sen¡ice delivery on February t5,2015. To datg it has helped 39 homeless
individuals find suitable housing and l3 households comprised of 57 individuals from becoming
homeless throughprevention activities. The cunent caseload is 20 families with atotal of 39
people housed. An average of 17 people is en¡olled eachweek. Per Department of Housing and
Urban Development (IIUD) guidelines, all of those assisted meet the criteria of being homeless
and, per ESG requirements, have incomes which are at o¡ below 30% of the Fresno MSA median
income. During the grantperiod (January 1,2016 - December 37,2016),Project Unite will:
1) conduct outreach activÍties twice per weeþ 2) provide 20 individuals with homelessness
prevention sen'ices,3) provide 40 individuals with rental assistance, and 4) provide 60
individuals with case management ser:vices.
Project Unite's parhrer organizations are active members ofthe Fresno Madera Continuum of
Care (FMCOC) and have many years of experience working with and housing homeless
individuals. Project Unite supports the goals of the FI\4COC to house the most vul¡erable
homeless in the City of Fresno in permanent supportive housing and follows a Housing First
model. It seeks to ensure those homeless in need of permanent supportive housing are found,
receive neces$ary services, assessed, and ranked based on needs. The target population is
unsheltered homeless individuals including the chronically homeless, homeless veterans who do
not quali$ for veteran's housing programs, and other homeless persons identified as highly
vulnerable. Individuals are ref*red by projectparhers as well as the Reil Cross, Fresno Housing
Authority, Department of Social Services, and self-referrals. Services include outeach, housing
stabilizatioq and navigation services. The program's goals focus on improving the housing,
health, well-being, and income of chronically homeless individuals. Project Unite's activities
focus on the specific needs of each individual and incorporate evidence-based progËms to best
address their needs. Project staffuses trauma-informed approaches and helps clients remain in
permanent housing and overcome barrie¡s to obtaining benefits and employment. Staffuses the
Vulnerability Index-Service Prioritization and Decision Assistance tool (VI-SPDAT) screening
tool whichheþs prioritize clients for available housing and works withthe FMCOC's
Coordinated Assessment and Housing Match (CAIM system to locate housing appropriate for
each individual's situation. Case Managers work with individuals to create an krdividual Service
Plan (ISP) and provide linkages to employment services, vocational ûaining, primary medical
care, mental health and substance abuse treatment (including co-occurring services); and assist
with enrollment in Medi-Cal and other vital public benefit progrâms.
Organization Name:-Wes.Lrþt" California, rnc'
Address: 1505 N. Chestnut Äve, Fresno, CA 93703
Federal Tax l.D. Number: 23-7368450
Organization Type (check all that apply):
tr State certified non-profit entity
tr public agency qualified to receive ESG funds under applicable federal rules
Executive Director Name:Richard Steinberg
Phone: ( 702 ) 385-2090 xl-0108 E-mail: richard. steinbergGwestcare. com
Project Contact Name:Shawn ,fenkins, Senior Vice President
Contact Organization:VüestCare California' Inc.
Address: 1505 N. Chestnut Ave, Fresno, CA 93703
Phone: (559) 251-4800 x20902 g-¡n¿¡¡r shawn - j enkins@westcare . com
Application contact Name (if different from Project contact above):
Contact Organization:
Address:
Phone:E-mail:
Originalsignature of Authorized Official (attached Board/company Resolution)
Signature:
Title: Senior Vice Presi
Name: Shawn .Tenkins
Date: No.tq@q. I 20L5
¡a¡A*f"
Wsrftns
RESOLUTION WCC^A. 2OI2-03
RESOLUilON OF WESTCARE CALII'ORNIA, NC. BOARD OX'DIRECTORS
ATÎIHOR]IZING Tup CO¡I.IRACTING POWERS OX'
T:HE OXFICERS| OX'THE CORPORATION.
WHEREAS, the foliowing organizational resolutiotr $'as passed at a regular meeting of the
Directors of WestCare CaliforniA Inc, (the "Corporation'), held on October27,20l2, at which ¿
qr¡orum was present
THEREFORE, BE IT RESOLVED tbaf subject to any Contact Policy as may be
adopted by the Board, in its discretion, and in addition to those authorizations
expiessþ set forth in Secti on 5 of Ihe Amended and Restated þlaws of WestCte
Cã¡lorn¡a, Inc. datúOctofur27,2012, andrmless otherwise limited or directed
bythe Board, the Preside,ot, ChiefExecutive Officer, Chief Financial Officer,
Chief Operating Ofrcer, andRegional SeniorVice hesident bg and each of' them hereby is,arlûorized to sign and execute in the name and on be'half of the
Corporation all applications, contraß,'licenses, permits, leases and other deeds
and documents oI instuments in writing of whatever nature that may be
reasonablyrequircdinthe ordinarJ¡ cou{se of business ofthe Corporation, and
' pursrrant to the mission end Purl¡ose of the Corporation, and that may be
necessaryfor, and incidentalto, the lavnftl operation ófthe business of the' Corporaiion, and to do such other acts 4d things as such ofrcers deem necessary
or advisable to fi¡lñll suchlegal reçirements as are applicable to tÉe Corporation,
its mission and purpose.
pASSED Al{D ADOPIED at íb regular 6çsfi¡g of th Boad of Directsrs of \trestCarc
Caliñ¡nia, tnc,
@tsbefl7.2012
Boa¡d ofDirectsrs
WesEat&lifornia,Ins'
Ocl¡lber2T-2012
DdË
SECTION 2 - PROJECT DESCRIPTION
WestCa¡e CaliforniA Inc. (WCCA), in collaboration with Turning Point of Cenfral California
(TPCC) and Poverello House @lI), operates Project Unite - an outreach, housing stabilization,
and navigation program that prioritizes the housing health and well'being of cbronically
homeless individuals and those at imminent risk of homelessness. Project Unite assists homeless
individuals regardless of gender, sexual orientation, and/or disability provided they meet the
income requirements of project funding (at or below 30% of median income for Fresno MSA)
including those with no cunent income or work history. This program follows a Housing First
model and prioritizes housing homeless individuals and families and preventing homelessness
for those at imminent risk of homelessness. WCCA serves as the lead organization and liscal
agent for this collaborative project which allows for effective and efficient use of resources
and avoids duplication of seruices. The target population is homeless individuals residing in the
City ofFresno including the cbronically homeless, homeless veterans, and other homeless
persons identified as higblyvulnerable (including families with children). WCCA utilizes ateam
àpproach and works with an anay of local partners including organiz¿1ie¡5 taking part in the
Fresno-Madera Continuum of Care (FMCoC) and its Coordinated Assessment and Housing
Match (cAIn/Ð system. wccA, TPCC, and PH combine to provide coordinated street
ouheach; housing stabilization services; case management; refenals to employment services,
vocation_al taining, pri ary medical qare, 4rental health and substance abuse heatment
(including co-occuning services); e,nrollment assistance for Medi-Cal and other vital public
benefit programs and related recovery services for homeless individuals in the City of Fresno.
WCCA, TPCC, and PH work together to provide vital assistance and promote and ensure
linkages to pemanent housing and case management sen¡ices. Project services began February
15,2015. To date, Project Unite has assisted 39 homeless individuals to find suitable housing
aud 13 households comprised of 57 individuals from becoming homeless tbrough prevention
activities. The current caseload is 20 families with a total of 39 people housed. An average of
- 17 people is emolled each week. Of the 23 households housed tbrough the HOMERUN Housing
Pustu 13 were enrolled in Project Unite and assisted with case managsmsaf services' Case
Managers also spend two ho¡:¡s weekly at I\4AP Point where they conduct outeach, 5ç¡ssnings,
and complete assessments and enrolhnents.
The goals of Project Unite æe: l) decrease the number ofpersons experiencing unsheltered and
chronic homelessness in Fresno, 2) increase participants' income, and 3) increase participants'
ability to obtain and maintain permanent housing, and 4) establish and maintain a healthy
lifestyle. Dr:ring 2016, Project Unite will work to engage more cluonically homeless and
exüemeþ low-income individuals and families. This includes assisting veterans who are not
eligible for housing assistance through Supportive Services for Veterans Families (SSVF) and
Veterans Affairs Supportive Housing (VASÐ progra¡ns. By providing the identified services,
Project Unite will meet the following outcomes in 2016: 1) conduct outreach activities twice
per weeþ 2) proviile 20 individuals with homelessness prevention senrices, 3) provide 40
individuals with rental assistance, and 4) provide 60 indiviiluals with case management
services.
Collaborativel¡ WCCA and our partners work to identiS, engage, and assess the cbronically
homeless and most wlnerable homeless residing in the City of Fresno. Project Unite conducts
steet outreach and provides housing locator assistance, short- and medium term rental
assistance, bridge housing, and case management services including linkages to various
community resor¡rces. We æsist homeless individuals to meet their immediate and long-term
housing needs through emergency housing, bridge housing, and housing stabilization assistance
(payment of rent and/o¡ utility arrears). Individuals are provided with case management services
to help them develop skills to gain self-sufficiency. Project Unite builds on the FMCoC's
cunent collaborations and utilizes the CAHM system. Project Unite partners WCCA, TPCC,
and PH leverage resources to implement a coordinated system of care for the most vulnerable
homeless in our community. Activities incorporate evidence-ba.sed programs including Housing
First, Motivational Interviewing (MD, and Motivational Enhancement Therapy (ÀÆT) to best
address the needs of those we serve. This model ensures that those being assessed for permanent
housing are easily foun{ given the necessary services to ensure timely access to housing ranked
appropriately based on needs, and receive supportive services which heþ them maintain their
housing. Due to Fresno's lack of available emergency shelter beds, the need for temporary
housing ("bridge" housing) was identifi.ed as a priority in order to keep those that are suweyed
on the streets safe until permanent housing can be secured for them. Project Unite uses the
CAHM system to ensu¡e homeless individuals receive timely, appropriate assessment, supportive
services, andpennanent housing. This system allows for comprehensive data collection and
sharing to better understand and meet the needs of the underserved.
To provide comprehensive se¡vices, Project Unite employs, a Director of Housing Services,
Outreach Specialis! Housing Locator, and Case Managers and uses volunteer Housing
Navigators. Staffin these positions helps individuals based on their needs and cur¡ent housing
status with priority being given to the most difficult to house individuals. The Outeach
Specialist engages the homeless, conducts the VI-SPDAT assessment, provides brief
interryentions, linl6 individuals with the Homeless Prevention Program tbrough the CAHM
system for housing prioritization, and helps them secure temporary shelter or bridge housing
until they can be placed in permanent housing. The volunteer Housing Navigators affìliated with
the FMCoC are in^shxnental in helping individuals locate and obtain immediate and long-term
housing. The Housing Locator assists homeless individuals to identif and tuansition to
permanent housing, provides üansportation, and serves as a liaison with landlords. The Cæe
Manager identifies each individual's bariers to stable housing and helps them to add¡ess and
overcome their specific ba¡riers. WCCA, TPCC, and PH provide case management for
individuals using theirprogftlms while individuals not cunently associated with any of the
partners are provided with a Case Manager from one of the partners based on their particular
situation and needs. The Case Manager conducts a comprehensive intake/individualized
assessment to determine the needs of the individual and any family members if applicable. The
Case Manager provides wraparound services for individuals and their fa¡nilies to ensue they
hansition to independence. This includes arranging, coordinating, monitoring, and delivery of
services related to meeting the housing needs of the clients and helping them obtain stability.
rhr.ughpr.jec,"*-i;äää::r:::i;i:,...e,henumber
of homeless in the City of Fresno. In20l6, hoject Unite will continue to make progress in this
area and help the City of Fresno and the FMCoC meet the goal of reducing homelessness among
the identified target populations and priority sub-populations including the chronically homeless,
unsheltered homeless who are living outdoors or inplaces not intended for human habitation,
homeless veterans, and families with children. Project Unite follows the Housing First model
and does not require participants to be in treatuent for mental health or substance abuse issues in
order to receive assistance nor does it require participants to have a current income or work
history. Additionally, Project Unite adheres to the requirements of the HEARTH Act of 2009
and the Fair Housing Act and assists homeless individuals regardless of gender, sexual
orientation, and/or disability provided they meet the income requirements of project funding (at
or below 30% of median income for Fresno MSA). All of the activities identified herein work
together and provide a holistic approach to helping the homeless obtain and retain housi.g,
inırease their physical and -*tul well-being, and locate and maintain sotuces of incorne which
all help lead to self-sufücienoy.
Project Unite has been operating with City of Fresno ESG frinds since its inception in February
2015. It has seroed 66 iloa[vidr¡als to date of which six(O¡¡ere faqqilies with children. To mg:t
the program policies and priorities set forth by the City of Fresno, Project Unite works to
identit, engage, and assist the most vulnerable homeless individuals, including families with
children, through a Housing First service model. This encompasses those who fall under HUD's
homeless categories: liærally homeless, at imminent risk of homelessness, homeless under other
Federal statutes, and those fleeing or attempting tô flee domestic violence. Project Unite ñ¡rther
targets those in the zubpopulations identified by the City of Fresno: unsheltered homeless living
outdoors or in places not intended forhrman habitation, chronically homeless, homeless
veterans, and other persons identified as higbly vdnerablç. Major efforts are made to tansition
the chronically homeless residents of "The Sheds,'emergency shelters, and bridge housing to
permanent housing. Project Unite assists veterans who a¡e not eligible fo¡ Veteran's
Adminishation (VA) housing programs such as SSVF aod VASH and refers those who are
eligible to the VA and veterans organizations such as San Joaquin Valley Veterans for
assistance. While these are the primary target populations, Project Unite assists all homeless
individuals who seek help provided they meet the program's financial requirements. Those who
do not meet program requirements are referred to other appropriate plo$¿llns.
Eligibility for various forms of Project Unite assist¡nce is deterrrined through the use of the VI-
SPDAT which is administered by the Outreach Specialist The score on the YI-SPADT
determines the appropriate t¡pe of housing assistance for each individual be it Rapid Re-Horsing
or Permanent Supportive Housing. Project Unite focuses its efforts on clients who score 10 and
above on the VI-SPADT and then uses the FMCoC's CAHM system to match each individual to
the appropriate vacancy and housing program. Project Unite also concentrates on clients who
score between 5 and 9 as these individuals may qualif for Rapid Re-housing.
WCCA, TPCC, and PH use the Housing First approach in their various housing programs and
understand the need to place the homeless in a stable, pemnanent living environment without
bariers to entry prior to engagrng them in supportive services. Project Unite works to decrease
the number of persons experiencing unsheltered and ch¡onic homelessness in Fresno by utilizing
existing partnerships through the FMCoC. These established relationships allow for quickly
housing participants. Statrheþs secure affordable housing tbnough the CAHM system and
ensrues reasonable rent by using HUD's FMR standards.
Once housed, the Case Manager and Housing Locator help participants maintain their residence
and increase their economic, social, and medical stability. hoviding supportive services
increases the number of individuals who obtain permanent housing and retain it for a minimum
of six months. WCCA, TPCC, and PH rcalízø this can be a length¡ slow-moving process and
meet participants where they are u'hile guiding them towards linkages to pennanent housing and
financial stability. The Case Manager and other direct service staffuse hauma-informed
approaches and help clients remain in permanent housing and overcome barriers to obtaining
benefits and employment. Needs assessments are done and case management ensures needs are
addressed suppof provided, and progress towards goals is monitored. Individual Service Plans
(ISPs) identis specifics such as mental healthcare, substance abuse treatment medical care,
public benefits, vocational haining and education that are needed. Services are provided by
WCCA, TPCC, PH and/orcornmunityparhrers. WCCA staffis available to heþ participants
enroll in Medi-Cat and a¡e experienced in identi$ing other benefits for which the participant
may be eligible. The Case Manager assists participants inobtaining identifiqation and other
documents required to receive public benefits and obtain employment. Based on their needs
assessmen! participants are provided with or linked to programs for literac¡ vocational training,
education (GED, community college), job readiness skills (interpersonal and interview skills,
resumes, job search assistance). Assistance and linkages are provided to ensure a participant's
legal responsibilities such as child support or court fines are addressed as well. Additional
supportive services include life skills taining such as money management hygiene, and nutrition
education. Underlþg the potential success of these efforts is a for¡ndation of addressing each
participant's medical, mental health, medication management, and substance abuse treatment
needs. This is accomplished tbrough regular case management and contact with participants.
10
SECTION 4 _PROJECT SCMDI'LE
As the lead agency and fiscal agen! V/CCA will continue to process monthly invoices which
include supporting doc¡:mentati r collaborating partners. Invoices
will be rob*itt a-by the 10ú of e Foundation Office accountant in
Las Vegas, Nevada.
The following timeline specifies the time period indicating when each activþ win be
accomplished.
I
JAI'IUARY 1,2016 - DECEMBER 31, 2016
ACTTVITY TREQUENCY RESPONSIBLE
PARTYMS)
MILESTOIYE
DATE
Recruit, hire, andtuain
OuheachWorkers
Atprogram
award
WCCA and PH January 1,2016
Conduct face-to-face
outeach and assessments
ONGOING-
twice per week
Outreach Specialist January 1,2016
Provide short and medir¡m-
term rental æsistance
ONGOING wccA January 1,2016
Provide case management
and linkages based on
individual needs
ONGOING Case Managers ftom
WCCA and PH
January 1,2016
Assist particþants to find
aooropriate housine
ONGOING Housing Locator,
Housins Navisator
January 1,2076
Recruit andhire new staff
and conduct new employee
orientation
AS NEEDED HRDirecto¡, Deputy
Administator,
Proeram Manager
February 1,20t6
Staffproeram tainine AS NEEDED Progam Manager March 1.2016
Submit invoices MONTHLY Accormtant 10' of each month
il
SECTION 5 - ÐGERIENCE OF' A"PI-ICANT(S)
WCCA and our project partners TPCC and PH are highly qualified, experienced, and well-
positioned to provide the required services to high-need populations including the chronically
Lomeless. All three organizations are active members of the FMCoC, 25 Cities Initiative, MAP
Point at the Pov, and participate inthe CAHM system.
WCCA has over 40 years of experience developing, implementing and operatingprograms for
special populations iving with HIV/AIDS, individuals
with co-oécuning d and those with mental health and
substance abuse ãisorders. WCCAmanages an exceeding $31 millionwith more
than 40 grants/sewice contracts annually. Senior Vice Presiilent Shawn Jenkins has the
authority to represent and make legal binding commitments on behaH of WCCA" WCCA
staffhas many years of experience providing services in a variety of areas including housing
assistance, veteran's services, famity support, prisoner re-entry, transportation, life skills classes,
crisis intervention, mental healthcare, and substance abuse treafnent. ESG fimds which WCCA
has received include ñrnding for Proþct Unite ($889 ,gsg)'MAP ($366,000), Home Run
($65,000), and Original Grant ($150000), Entities that fundÌWCCA include local and state
Àgencies, ptovider networts, private foundations and corporate giving progralns, and federal
alencies suchas the Departments of Veteraqs AffairS, Hqath and Human Services, Housing and
Urban Development, and Transportatioq Substance Abuse and Mental Health Services
Administation; and Corporation forNational and Community Sen¡ices. Local funden include
the State of Californi U City of Fresno, County of Fresno, and government entities in sunounding
counties. Private ftnders include national foundations such as the Elizabeth Taylor AIDS
Foundation and Kaiser Permanente. Refer to Section 5 for additional housing projects and'their
funding solrces.
Key Project Unite staffmembers are:
. Deputf Administrator Lynn Pimentel is the supervisor for cornmunity and social service
progr*tr. She holds a BA in Social Welfare, I\44 in Rehabilitation Counseling, has been
à Cãrtin.¿ Rehabilitation Counselor for 36 years, and is a Registered Addiction
Specialist.
o Maryann Calderon is the Program Coordinator of Housing Services. She holds aBS in
Criminology-Victimology Option, aBAin Chicano Latino Studies, aVictim Services
Certificate, and has numerous hainings in social services. She has case managed clients
for over 14 years and has over 10 yeats' e¡perience in progfarn management.
. Esther Carnegie serv€s as the Housing Locator. She has a BA in Liberal Studies and MA
in Education. Sle Uas 9 years ofexperience in social services and 2 years of
management exPerience.
. Michelle Allen has served as Case Manager/lr{avigator since 4lll20l5. She is a registered
Addiction Specialist and aCertified Group Facilitator. She has worked in social service
settings for 6 years.
TPCC has over twenty years' experience providing residential and ouþatient substance abuse
and mental health treabnent, operation of employment programs, crisis sewices, child health and
developmen! domestic violence intervention, sober living environments, case management, life
12
skills instruction and provision of hauma informed and gender-specific rehabilitative sen¡ices.
Senior Managers havå many years of experience with housing programs and have developed
successful op-erating policiós. TPCC is an original member of the FMCoC, has fully participated
in their Homeless Management Information system, and met outcome measures.
Key Project Unite staff members are:
o Michael Thomas serves as Program Director and provides oversight of program
activities and staffand prep*ei reports and ensures program compliance. Mr- Thomas
has worked with homeless populations for over twenty years and has been a Program
Director for approximately five years. He is currently pursuing a certification in
Alcohol and Drug Abuse Counseling-
Since 1923, PH has provided social services to the needy and has extensive experience in
assisting hómeless ciients with social servicæs which are provided to anyone in need" regædless
of their circumstances. Because of this philosophy, PH has helped the ha¡dest of honeless
clients: those with both substance abuse issues and mental disabilities. PH provides tbree meals
ar and serves 1,500 meals P
Piograms, and chtlrches. It
¡ Men's Resident Substance Abuse
program followed by six m-onlþs of qÊ-ery-are);
n Naomi's House began tn.2002and is a 24-bedovernight shelter, "safe haven " for single
homeless lryomen.
-It offers bæic necessities and case management services to assist
women infinding housing accessing mental health services, and assistingthem in
making positive life choices to achieve self-sufEciency'
. Villagã ãf uop" was formed in 2004 in response to the increasing nr¡mber of homeless
encampmentr'io Fr6oo. The Community of Hope was formed lm2007 to meet the
growing forthe homeless. The Villages help people end the cycle of
homeles illages provides the occupants with access to education, life
skills training, substance abuse counseling and mental health referrals.
The following are current legal actions involving WCCA which were presented by the Risk
)rs on September 26,2015. Neither ofthese will
Incident involves aminor child of a
client allegedly sexually assaulting two minor f another client at WCCA's MLK
facilþonApril 14,2012
-Rtyot p.t*ttul injuries CA
vehicle*ttitnstruciand don
June 6, 2015 based on medical exPenses.
l3
SECTION 6 - CURRENT AND COMPLETED PROJECTS
V/CCA has a history of operating successful housing programs employing the Housing First
model in Fresno including the following:
. Project LiftOFF: This project began operations in 2013 and operates under a Housing
First model of service delivery. It provides homeless, disabled adults and their children
with case management services and peunanent supportive housing. This project receives
HUD funds through the FMCoC. This is a cunently operating program and has assisted
20 families to date comprised of 44 individuals including children.
. Supportive Services for Veteran Families (SSVF): This is a federal Veteran's
Administration (VA) grant which provides former military service members and their
families with housing assistance in a variety of capacities. Started lrl'2012, WCCA's
program serves many military families in Fresno and sunounding counties. Through July
2015, a total of 1,356 individuals have received housing assistance through this Fogram.
Since program inception, 690 individuals have been helped throughrapid re-housing, and
666 people have been assisted tbrough homelessness prevention activities. This is a
cunentþ operating Progam.
. Housing Opportunities for People With AIDS (HOPWA): \MCCA received frmds in
2009 to provide housing to people living with HIV/AIDS. Funding for the contact
ended in June 2013. In z}ll,WccLpartnered with the Fresno Housing Authority to
provide case management services for their HOPWA application which was awarded.
This program is cunentþ assisting 20 individuals-
o Fresno First Steps Home: This collabo¡ative effort between II/CCA and the Fresno
Hou^sing Authority operatedfrom June 2013 -September 2014. ltwas fundedthrough
the Mayor's Initiative to End Homelessness. The program assisted I 15 literally homeless
individuals with case management services and obtaining housing.
o Homeless Prevention and Rapid Re-housing Program (IIPRP): From 2009 -2012,
WCCA provided homelessness prevention andrapidre-housing services 1e vefsrans and
their families who were experiencing homelessness or were at risk of becoming
homeless. This was funded by the City and County of Fresno. This program assisted 60
unique individuals through homelessness prevention and 195 individuals through Rapid
Re-housing.
l4
SECTION 7. ACKNOWLEDGE
coNsIsTENCY IVIIH LOCAL/XEDERÄL FU¡IDING REQUIREMENTS
WCCA will ensure that all sub-recipients comply lt/ith 24 CFR Part 576' as amended' and related
implementingregulations. u/ccAl¡iill ents participateitrHMs, the local
CAHM system, andthe Fresno Madera
t5
EXHIBIT D
Consultant Service Agreement "Between" Gity of Fresno
and WestGare Galifornia, !nc"
Emerqencv Solutions Grant
PROJECT TITLE
Coverage shall be at least as broad as:
L The most cunent version of lnsurance Services Office (lSO) 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
ior.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 liabilit¡¿ (jnctuding, without limitation, indemnity obligations
under the Agreement) with limits of liability not less than those set forth
under'Minimum Limits of lnsurance"'
2. The most current version of ISO "Commercial Auto Coverage Form GA
OO 01, providíng liability coverage arising out of the ownership,
maintenance or use of automobiles in the course of your business
operations. The Automobile Policy shall be wrltten on an occurrence form
and shall provide coverage for all owned, hired, and non-owned
aútómobiles or other licensed vehicles (Gode 1- Any Auto). lf personal
automobile coverage isyged, the CITY, its officers, officials, employees,
agents and volunteers aie to be listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's LiabiliÇ lnsurance'
4. Professional Liability (Enors and Omissions) insurance appropriate to
CONSULTANT'S profession. Architect's and engineer's coverage is to
be endorsed to include contractual liability.
MTNIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limíts of
liability of not less than those set forth below. However, insurance limits available to
ClW, its officers, officials, employees, agents and volunteers as additional insureds, shall
be ihe greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. :
$1,000,000 per occurrence for bodily injury and property
damage;
$1,000,000 per occurrence for personal and advertising
injury;
$2,0-OO,0OO aggregate for products and completed
operations; and,
$2,000,000 general aggregate applying separately to the
work performed under the Agreement.
:
$1,000,000 per accident for bodily injury and property damage'
oR*
PERSONAL AUTOMOBILE LlABlLlfY insurance with limits of liability
not less than:
(i) $100,000 Per Person;(¡i) $300,000 per accidentJor bodily injury; and,
(¡¡¡) $50,000 per accident for property damage'
3. WORKERS'GOMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,OOO,OO0 each accident for bodily injury;
(¡il $1,000,000 disease each employee; and,
(i¡i) $1,000,000 disease policy limit'
5. PROFESSTONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claimioccunence; and,
(¡¡) $2,000,000 PolicY aggregate.
UMBRELLA OR EXCESS INSURANCE
ln the event CONSULTANT 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). ln addition,. such
Umbrella or Excess iñsurance 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.
CONSULTANT shall be responsible for payment of any deductibles contained in any
¡nsurãn"e policy(ies) required herein and CONSULTANT shall also be responsible for
(i)
(i ¡)
(i ii)
(¡v)
payment of any self-insured retentions. Any deductibles or self-insured retentions must
ãe'¿áclare¿ on tfre Certificate of lnsurance, and approved by, the CITY'S Risk Manager
or his/her designee. At the option of the clry's Risk Manager or his/her designee,
either:
(¡) The insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects clw, its officers,
officials, employees, agents and volunteers; or
(i¡) CONSULTANT shall Provide a '
satisfactory to CITYS Risk Manager '
guaranteeing payment of losses and '
ılaim adm¡nistration and defense expenses. At no time shall
clTY be responsible for the payment of any deductibles or
self-insured retentions-
1. CITY, its officers, officiats, employees, agents-and !9!u¡teer¡ "tti9 bÎ
covered as additional insureds. CONSULTANT shall establish additional
insured status for the City and for all ongoing and completed operations
by use of ISO form ôG20101185 or both CG20 10 1001 and
c-ceo37 1001 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 añorded to CITY, its officers, officials, employees, agents and
volunteers. Any available insurance proceeds in excess of the specified
minimum limits ãnd coverage shall be available to the Additional lnsured.
3. For any claims related to this Agreement, CONSULTANT'S insurance
.ourr"ir shall be primary insurance with respect to the CITY, its officers,
officiab] employeés, agênts and volunteers. Any insurance or self-
insuranäe mainiained by the CITY, its officers, officials, employees,
agents and volunteers shall be excess of CONSULTANT'S insurance and
shall not contribute with it. CONSULTANT shall establish primary and
non-contribu 1 0413 or bY an
executed m ent that Provides
primaryandcontainedinlSo
Form CG 20 010413.
is to contain, or be endorsed to contain,
d its insurer shall waive any right of
s, employees, agents and volunteers.
are to contain, or be
enOorseO to contain, the following provisions:
claims-made form:
is written on a
i. The retroactive date must be shown, and must be before the effective
date of the Agreement or the commencement of work by CONSULTANT.
2. lnsurance 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 shali be endorsed to provide not less than a five (5)
year discovery Period.
3. lf coverage is canceled or non-renewed, and not replaced with anoiher
claims-mãde policy form with a retroactive date prior to th9 _eff.ective date
of the Rgreemeni or the commencement of work by CONSULTANT'
CONSULÍANT must purchase "extended reporting" coverage for a
minimum of five (5) years after completion of the Agreement work or
termlnation of the Agreement, whichever occurs first'
4. A copy of the claims reporting requirements must be submitted to CITY
for review'
S. These requirements shall survive expiration or termination of the
Agreement. - :
All policies of insurance required herein shall be endorsed that the coverage
ffion.renewed,reducedincoverageexceptafterthirly
(30) calendar d by rrtified mail, return uested, has been
iiuén to ClTy. s ât ble for providing written notice.to the
ólTY under the con on issuance by the insurer, broker' or
ãgent of a notice of cancellation, non-re or reduction in coverage or in limits,
C-Of.fSUlfnNT shall furnish CITY with a cate and applicabl nts
(ies). e to exPire during be
CITY, a new certificate, ble
eviden policy not less than fifteen (15) calendar
days prior to the expiration date of the expiring policy'
VERIF¡CATION OF COVERAGE
CONSULTANT shail fumish CITY with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All cert ents
are to bi receivèd and approued by the ClffS prior
to GITYS execution of 'tire Agreément and b . -lSO
endorsements amending poliıy coverage shall be executed by a licensed.. and
authorized agent or broÈer. Uþon request of C|TY, CONSULTANT shall immediately
fumish City ù¡th a complete copy of any insurance policy required under this Agreement,
including ãll endorsemênts, wiih said copy certified by the unden¡vriter to be a true and
ãoioA'copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
EXHIBIT E
DISCLOSURË OF CONFLICT OF INTEREST
EEergencv Solutions Grant
PROJÊCTTÍTIE
YESN NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
n ú
2 Do you represent any firm, organization or person who is in
litigation with the Cityof Fresno?
ú J/
à Do you cunently repæsent or perform work for any clients who do
business with the City of Fresno?
n w
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 Glty of
Fresno?
!(
5 Are you or any of your principals, managers or professionals,
related by blood or maniage to any Cþ of Fresno employee who
has any significant role in the subject matter of ttris service?ü {
6 Do you or any of your subcontractors have, or expect to have, any
inteiest, direct or indirect, in any other conlract in connection with
this Project?
¡t
* lf the answer to any question is yes, please explain in full below-
Explanation:
Date
WestCare Galifornia lnc.
1505 N. Chestnut Street
Fresno, CA 93703
3 -2)-lb
tr Addítíonal page(s) altached.