HomeMy WebLinkAboutPoverello House - Emergency Solutions Grant to Provide Assistance to Homeless - 2016lb-otD
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AGREEMENT
Emergency Solutions G rant
ÏHlS AGREEMENT is made and entered into the 1't day of Februarv 2016 by and
between the CITY OF FRESNO, a California municipal corporation 1CnV1 and poverello
House, lnc., a California 501(c)(3) not-for-profít Corporation ("REClplENÍ"). ClTy and
RECIPIENT are sometimes hereinafter referred to individually as a Party and collectively as
Parties.
CITY has received a grant commitment from the United States Department of Housing
and Urban Development ("HUD") to administer and implement the Emergency Solutions Gran-tin the City of Fresno in accordance with the provisions of 24 CFR Þart 576 et seq. and
California law.
The purpose of the ESG grant is to provide assistance to the homeless and those at riskof becoming homeless to quickly regain stability in permanent housing after experiencing a
housing crisis and/or homelessness within the city.
Then CITY issued a Notice of Funding on October 15,2015 to solicit for proposals withspecific plans to provide eligible ESG services in the areas of outreach, emergency shelter,
homeless prevention assistance to households who would othenruise become l-romeless,
assistance to rapidly re-house persons who are homeless and related grant administration (up
to 2.5o/o of award). The contract award is contingent upon the following Conditions:
. The Recipient is a member of the Fresno- Madera continuum of care.. The Recipient shall participate in City quarlerly ESG performance meetings.. The Recipient shall select clients through the Coordinated Entry System.. The Recipient must [have a signed "Letter of Commitment" for matching funds and a
ledger at the time of the execution of the contractl be able to demonstrateihat they have
access to matching funds for eligible activities prior to contract execution.
' The Recipient shall provide client evaluations to determine eligibility of other applicable
programs and permanent housing solutions.
ln response to the NOFA, RECIPIENT submitted a Proposal which included a Scope ofWork and cost proposal ("Budget") as described in Exhibits A and B respectively andrepresents it is capable and qualified to meet all the requirements of the NOFA and this
Agreement
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions
and premises hereinafter combined to be kept and performed by the respective parties, it is
mutually agreed as follows:
ARTICLE I
DEFlNlTloNS. Wherever used in this Agreement or any of the contract documents, the
following words shall have the meaning herein given, unless the context requires a different
meaning.
"ACT" - 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant andConsolidated Plan Conforming Amendments lnterim Rulá , published in tÁe Federal Register onDecember 5,2011 (26 Fed. Reg. 75954)
"Administrator" and "Contract Administrator" shall mean the Manager of the Housing andCommunity Development Division of the Development and Resource Ma"nagement Departmentof City or his or her designee.
"Bid Proposal" and "Proposal" shall mean RECIPIENT'S response to the NOFA includingbut not limited to the Budget, Scope of Work, certifications and all attachments 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 Documentst' shall mean and refer to this Agreement including itsexhibits and the NOFA and Bid Proposal with all attachments and addendã thereto.
"ESG' shall mean Emergency solutions Grant as set forth in the ACT.
"General Conditions" or "General Requirements" shall mean the General Requirementscontained 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 ACiand the ESG policies andProcedures.
"Program income" for the specific purpose of this Agreement shall be as defined in theACT. Unless othen¡vise provided for in _the ACT, program income shall include any and all grossincome earned by or accruing to RECIPIEN - in -its pursuit hereof provided that the termprogram income does not include rebates, credits, discounts or refunds realized by RECIpIENTin its pursuit hereof.
.NOFA" shall mean the Request for Proposal Number 11152015 forthe City of FresnoEmergency Solutions Grant dated october 15, 2015 including without limitation ihe generalrequirements, bidding requirements, all its 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 included in Exhibit A.
1 Co¡tfact Administration. This Ag ntract Documentsshall be aomi@he order rein for ClTy byAdministrator who shall be REClplENT,s point of ENT shall report.
2' Scope of Services. RECIPIENT shall provide the Program in conformance withthe Contract Documents and perform to the satisfaction of CITY tñose services set forth inExhibit A and services necessarily related or incidental thereto even though not expressly setforth therein.
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3. Effective Date and Term of Aoreement. lt is the intent of the Parties that this
Agreement be effective as of the date first set forlh above as to all terms and conditions of the
Agreement. Services of RECIPIENT shall commence as of February 1't,2016 and shall end
December 31't, 2016, which shall be the term of this Agreement, unless terminated earlier as
provided herein.
4. Compensation and Method of Pavment. CITY shall pay RECIPIENT the
aggregate sum of not to exceed Fifteen Thousand dollars and Zero Cents ($15,000.00) for
satisfactory performance of the services rendered therefore and as set forth in Exhibit B
attached hereto and incorporated herein. Compensation is based on actual expenditures
incurred by RECIPIENT in accordance with the Budget set forth in Exhibit B. lt is understood
that all expenses incidental to RECIPIENT's performance of services under this Agreement
shall be borne by the RECIPIENT. lf RECIPIENT should fail to comply with any provisions of
this Agreement, CITY shall be relieved of its obligation for further compensation.
(a) Payments shall be made by the CITY to RECIPIENT in arrears, for
services provided during the preceding month. Such payment by City shall be made in the
normal course of business, generally within forly five (45) days after the date of receipt by CITY
of a correctly completed invoice in accordance with the provisions of this paragraph, and shall
be for the actual expenditures incurred by RECIPIENT in accordance with Exhibit B. Payments
shall be made after receipt and verification of actual expenditures. All invoices are to be
submitted CITY at the address given for notices on the signature page hereof or at such
address the CITY may from time to time designate by written notice.
(b) The Administrator may, in his or her sole discretion, agree in writing to
revise the payment schedule in subsection (a), above, upon RECIPIENT's showing that such
will facilitate delivery of the services; provided, however, that total payments under this
Agreement shall not exceed the total amount provided for in subsection (a), and any amounts
advanced are authorized and appropriated for that fiscal year of the CITY covering the period
for which an advance is proposed.
(c) Any funds paid by CITY hereunder which remain unearned at the
expiration or earlier termination of the Agreement shall be, and remain in trust, the property of
CITY and shall be remitted to CITY within 10 days of expiration or earfier termination of this
Agreement. Any interest thereon must be credited to or returned to CITY. Upon any dissolution
of RECIPIENT, all funds advanced pursuant to this Agreement and not expended shall be
returned to CITY.
(d) CITY will not be obligated to make any payments under this Agreement if
the request for payment is received by the CITY more than 60 days after the date of termination
of this Agreement or the date of expiration of this Agreement, whichever occurs first.
(e) RECIPIENT understands and agrees that the availability of ESG Funding
hereunder is subject to the control of HUD and should the ESG Funding be encumbered,
withdrawn, or othen¡rise made unavailable to CITY whether earned or promised to RECIPIENT
and/or should CITY in any fiscal year hereunder fail to appropriate said funds, CITY shall not
provide said funds to RECIPIENT unless and until they are made available for payment to CITY
by HUD and CITY receives and appropriates said Funds. No other funds owned or controlled
by CITY shall be obligated under this Agreement to the project(s). Should sufficient funds not
be appropriated, the Services provided may be modified, or this Agreement terminated, at any
time by the CITY as provided in section 9 below.
(Ð RECIPIENT shall use the funds provided by CtTY solely for the purposeof providing the services required under subsection 2 (a) of this Agreement.
5, . RECIpIENT agrees to match allESG funding r for dollar basis. Donated fLinos, material andlabor may be used as matching funds. Time contributed by volunteers shall be calculatedpursuant to 42 CFR section 576.01 (eX2) and any subsequent amendments. RECIpIENT shalldetermine the value of donated material or builc ing space using a method based on fair marketvalue. other federal funds may be use.d as matcñing funds unless expressly prohibited by lawor contract. Unless othen¡vise provided by applicable law or contract, matcñing funds sfrátt Oeapplied in furtherance of the Scope of Work here To qualifv matchino funds as such thev
r.
he event any funding provided by a party other
rformed by RECIpIENT is suspended, reduced
his Agreement immediately upon its receipt of
rovided in Section 9 betow. RECIpIENT shall
llowing events occur:
(a) Suspension, reduction or withdrawal of RECIpIENT'S funding by otherfunding source(s).
(b) Addition or resignation of any of RECIPIENT'S Board of Directormembers.
(c) Resignation or termination of any of RECIPIENT'S staff, including thosestaff not funded by this Agreement but essential to the delivery of the servicãs listed in ExhibitA.
(d) The Administrator may, i
of the Agreement for a period not to exceed 3
new service or funding plan for evaluation by
her sole discretion, or (ii) complete an orde
accepts such new service or funding plan, then such plan will be subject to the requirements inSection 14 below.
7.
,^_^-_r^-, ,_ Absent the ClTy,s written consent, anyprogram income generated hereunder shall used to reduce the ClTy's reimbursementobligations 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 occurrence of anyone or more of the following provisions it will represent an Event of Defautt for purposes of thisAgreement.
(a) An illegal or improper use of funds.
(b) A failure to comply with any term, covenant or condition of thisAgreement.
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(c) Report(s) are submitted to crry which are incorrect
material respect.
or incomplete in any
(d) The services required hereunder are incapable of or are improperly beingperformed by recipient.
(e) Refusal of RECIPIENT to accept change under Section 16
(f) RECTpTENT fairs to maintain any required insurance.
(g) There is a ross of third party fundíng (see section 6 above).
(h) RECIPtENT fites, or h
insolvency, or similar law, state or federal, of
to, or acquiescing in any reorganization, arra
dissolution, or similar relief, where such petitio
days; or if adjudicated bankrupt or insolvent, u
under state or federal law, and judgment or d
(14) days.
(i) RECIPIENT's failure, inability or admjssion in writing of its inability to payits debts as they become due or RECIPIENT's assignment for the benefit ıf creditors.
0) A receiver, trustee, or liquidator being appointed for RECIpIENT or anysubstantial 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 othen¡vise identified within thísSection.
9. Termination and Remedies. Upon the occurrence of an Event of Default, ClTyshall give written notice RECIPIENT of the Event of Default by specifying (1) the nature of theevent or deficiency giving rise to the default, (2) the action required to-cuie'the deficiency, if, inthe sole discretion of CITY, any action to cure is possible, and (3) if the Event of Default iscurable, a date, which shall not be less than thirty (30) calendar'days from the date of thenotice, by which such deficiency must be cured, provided, however that if such failure cannot beremedied in such time, RECIPIENT shall have an additional thirty (30) days to remedy suchfailure so long as RECIPIENT is diligently and in good faith pursuing such remedy.
(a) This Agreement shall terminate without any tiability of ClTy toRECIPIENT upon the earlier of: (i) the happening of an Event of Defaúlt by REC¡pIENT and a
of Default; (ii)
CITY'S non-
fiscal year of
expiration of this Agreement NT; or (iv)
(b) lmmediately upon any termination or expiration of this Agreement,RECIPIENT shall (i) immediately stop all work hereunder; (ii) immediately cause any and all ofits subcontractors to cease work; and (iii) return to CITY any and all unearned payments and allproperties and materials in the possession of REC|PlEruf inat are owned by ClÍy. Subject tò
the terms of this Agreement, RECIPIENT shall be paid compensation for services satisfactorílyperformed prior to the effective date of termination. RECIPIENT shall not be paid for any workor 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 byappropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direc[,indirect, consequential, economic and incidental damages for the breach oi it.'e Agreement. lf ii
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 default which may ihen exist
on the parl of RECIPIENT, nor shall such payment impair or prejudice any remedy available toCITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of RECIPIENT the repaymentto CITY of any funds disbursed to RECIPIENT under this Agreement which, in the judgmênt ofCITY, were not expended in accordance with the terms oi tfr¡s Agreement, and RECIpIENT
agrees to promptly refund any such funds within 1O days of CITY'S written demand.
10. lndemnification. To the furthest extent allowed by law, RECIpIENT shall
and defend clrY and each of its officers, officials, employees, agents
and all loss, liability, fines, penalties, forfeitures, costs and damãges
or strict liability, including but not limited to personal injury, deatñ at
mage), and from any and all claims, demands and actions in law orequity (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, RECIPIENT shall require each subcontractor to indemnify, hold harmlessand defend CITY and each of its officers, officials, employees, agents and volunteers inaccordance 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 andmaintain in full force and effect all insurance as required in Exhibit D or as may be authorized inwriting by CITY'S Risk Manager or his or her designee at any time and iÁ his or her solediscretion.
(b) lf at any time during the life of the Agreement or any extension,
RECIPIENT or any of its subcontractors fail to maintain any requiied insurance in full force andeffect, 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 reóeived byCITY that the required insurance has been restored to full force and effect and that thepremiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the
required insurance shall be sufficient cause for CITY to terminate this Agreement. No actiontaken by CITY pursuant to this section shall in
under this Agreement. The phrase ,,fail to
without limitation, notification received by Cl
has had proceedings commenced against it,
(c) The fact that insurance is obtained by RECIPIENT shall not be deemed torelease or diminish the tiabitity of RECIpIEN
indemnity provisions of this Agreement. The d
liability regardless of whether any insurance
as a limitation upon the amount of indemnifi
purchase of any insurance contracts or policies
liability of RECIPIENT, its principals, officers, agents, employees, persons under the supervisionof RECIPIENT' vendors, suppliers, invitees, ıonsultanis, sub-consultants, subcontractors, oranyone employed direcfly or indirecily by any of them.
(d) Upon request of CITY, RECIPIENT shall immediately furnish ClTy with acomplete copy of any insurance policy required under this Agreement, including allendorsements, with said copy certified uy Ûre unden¡rriter to be a truJand correct copy of theoriginal policy. This requirement shall survive expiration or termination of this Agreement.
(e) ¡f RECIPIENT should subcontract all or any porlion of the services to beperformed ment, RECIPIENT shall require eâch subcontractor to provideinsurance of CITY and each of its officers, officials, employees, agents andvolunteers the terms of this section, except that any reqüired certificates andapplicable I be on file with RECIPIENT and CITY pior to the commencementof any services by the subcontractor.
12. On-Site Monitorinq. Authorized
have the right to monitor the RECIptENT's
monitoring may include inspection activities, r
RECIPIENT shall reasonably make its facilities
for City's inspection 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 allrequirements prescribed by clrY, HUD and generally accepted accounting principles, withrespect to all matters covered by this A-greement. As aþplicabie, RECIpIENT-shail comply wiihall applicable requirements of the Office of Mi
Principles for Non-profit Organizations; OM
Governments and Non-profit Organizations, incl
applicable where funding from all federal sourc
such extent shall submit to the ClTy any app
statements no later than three (3) months after the RECIpIENT's fiscal year end.
REOIPIENT shall comply with applicable portions of 24 CFR part j1e tJniformAdministrative Requirements for Grants- and other Agreements with tnstitutions of HigherEducation, Hospitals, and Other Non-profit Organizationi.
RECIPIENT shall be responsible for determining the applicability of theforegoing:
(1) RECIPIENT shall send all required reports to the Administrator notlater than the fifteenth of the month following the last day of the latest month for whichthe report is due.
(2) Except as othen¡vise authorized by clry, REclplENT shall retainsuch records for a period of five (5) years after receipt of the final payment under thisAgreement or the earlier termination of this Agreement, whichever occurs later.
RECIPIENT is to prepare written financial statements, and completed HomelessServices Report, each in the form attached hereto as Exhibit C incorporated herein,each covering matters pertaining to the Scope of Services contained in Exhibit A, to besubmitted to CITY no later than the thirtieth (3Oth) of the month foltowing the end of eachquader hereunder for the duration hereof, absent City's prior written consent in cases ofunusual circumstances as determined in the sole discretion of the ClTy.
(b) All costs shall be supported by properly executed payrolls, time records,invoices, contracts, vouchers, orders, or any other accounting documents'pérlaining in whole oiin part to thís Agreement and they shall be clearly identified añd readily aciessible to ClTy.
(c) During the life of this Agreement and for a period of five (S) years afterreceipt of the final payment under this Agreement or the earlier termination of thìs Ágreement,whichever occurs later, RECIPIENT shall, at any time during normal business houis and asoften as CITY and/or HUD or the authorized representative oÌ either ClTy or HUD may deemnecessary, make available to them or any one of them, within the City of Fresnó, suchstatements, records, reports, data and information as they may request pertaining to matterscovered by this Agreement and permit them or any one of them to audit and inspeci all records,invoices, materials, payrolls, records of personnel, conditions of employment, and other datarelating to all matters covered by this Agreement. RECIPIENT shall alsó permit and cooperatewith on-site monitoring and personaJ interviews of participants, ReitplfrulS stafi, andemployees by Administrator and other clry and/or HUD representatives.
(d) The RECIPIENT is required to participate in the Fresno Madera Continuumof Care ("FMCoC"). Participation is defined as attendance at a minimum of T5% of all FMCoCDirector's meetings.
(e) The RECIPIENT is required to collect and report client-level data in adatabase comparable to the local Homeless Management lnformation Systems (,,HMlS,') run bythe Housing Authorities_ of the City and County of Fresno through a Memorandum ó¡Understanding with the FMCoC or a data base that complies with añy special requirementswhich may be developed by HUD for legal services or domest¡c ú¡olence victim serviceRECIPIENTS as pre-approved by the CITY. Reporting in a database comparable to HMIS is arequirement of ESG funding. The comparable database will be maintained by the RECIpIENTand used to collect data and report on outputs and outcomes as required Oy tiUO. RECIpIENTis required to enter all client intakes, provide regular updates and exit all ólients once servicesare completed. As applicable, RECIPIENT must enter the following information in thecomparable database for federal reporting purposes.
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1) Name
2) Social Security Number
3) Date of Birth
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
8) Disabting Condition
9) Residence prior to program Entry10) Zip Code of Last permanent Address11) Housing Status
12) program Entry Date
13) program Exit Date
14) personalldentificationNumber
15) HouseholdldentificationNumber
16) lncome and Sources
1T) Non-Case Benefits
18) Destination (where client will stay upon exit)19) Financial Services provide (if any)20) Housing Relocation & Stabilization Services provided (if any)
(f) CITY shall provide full reporting requirements as requíred by HUD, underseparate documentation for RECIPIENT. lf REC|PrrÑr iå a legal services or domestic violencePIENT, and requires clie
lish a comparable client-
ed with the HMIS or the
CITY as required). RECIPIENT will work with
the FMCoC, to determine that the alternative
client-level databases, including compliance wit
are acceptable to HUD and the ClTy.
(g) All data elements specified above in 13(e) must be recorded for eachESG Program in the HMls and the fields needed to correctty genåratà ftiã performance repoftsare required to be collected in the comparable database.
(h) The RECIPIENT is required to provide housing unit and ctient data to thecity of Fresno' or designee, to include in ihe po¡ni ¡n Time surväy àr ãorinistered by theFresno-Madera continuum of care and as required by the HEARTH nct or zoog.
This Section 13 shall survive expiration or termination of this Agreement.
14' Subcontracts. The RECIPIENT shall not enter into subcontracts for any workcontemplated under the Agreement without first obtaining the ClÏy's written àpprovat.
(a) An executed copy of every such subcontract approved by theAdministrator shall be provided to CITY prior to implementation for retention in clTy,s files.
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(b)
No
RECIPIENT is responsible to crry for the proper performance ofsuch subcontract shall relieve RECIpIENT of its obiigations under
any
thissubcontract
Agreement.
(c) Any subcontract shall be subject to all the terms and conditions of thisAgreement.
(d) No officer or director of RECIPIENT shall have any direct or indirectfinancial interest in any subcontract made by RECIPIENT or in any toan, purcfrase of property,or any other arrangement made by RECIpIEN r, by whatever name known.
15. itation.
- (a) Prior to CITY'S execution of this Agreement, RECIPIENT shall completea 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 tàimmediately notify CITY in writing of any change to the information prouiáJJ by RECIpIENT insuch statement.
(b) RECIPIENT shall comply, and require its subcontractors to comply, withall applicable federal, state and local conflict of interest iaws and regulations includ¡ng, *i¡..,ortlimitation, California Government Code Section 1090 et seq., the Caifornia potitical Reform Act(California Government Code Section 87100 et seq.) and the regulations of the Fair political
Practices commission concerning disclosure and' disqualificatl:on (2 california code ofRegulations Section 18700 et seq.). At any time, upon written r"qr"it of ClTy, RECIpIENTshall provide a written_ollnln of its legal counsel and that of any subcontractor that, after a duediligent inquiry, RECIPIENT and the respective subcontractor(s) are in full compliance with alllaws and regulations. RECIPIENT shall take, ar d require its subcontractors to take, reasonablesteps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving risåto the appearance of a conflict of interest, RECIPIENT shall immediaíely notìty CtTù of If,"s"facts in writing.
(c) ln performing the work or services to be provided hereunder, RECIpIENTshall not employ or retain the services of any person while such person either is employed byCITY or is a member of any CITY council, commission, board, committee, or similar crri oooyor within one year of their termination therefrom. This requirement may be waived in writing bythe city Manager, if no actual or potential conflict is involved.
(d) RECIPIENT represents and warrants that it has not paid or agreed to payany compensation, contingent or othenruise, direct or indirect, to solicit or procure thisAgreement or any rights/benefits hereunder.
ARTICLE 2
FEDERAL REQUIREMENTS
16. REcIPIENT warrants, covenants and agrees, for itself and its contractors andsubcontractors of all tiers, that it shall comply with ai applicable requirements of the Lead-Based Paint Poisoning Prevention Act of ¿Z U.S.C . 4821åt seq., 24 CFR part 35 and 24 CFR982AuA)- ln this regard RECIPIENT shall be responsible'for all inspection, testing andabatement activities.
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(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 per-formed before
final inspection and approval of the renovation, rehabilitation or conversion activity under this
paft; and (2) Appropriate action must be taken to protect shelter occupants from the hazards
associated with lead-based paint abatement procedures.
(b) The RECIPIENT agrees to comply with all applicable requirements of
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended and HUD
implementing regulation 24 CFR 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 requiremenls 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 unrïs in 24 CFR Part 8
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 complying with the
policies, guidelines, and requirements of 24 CFR Part 85 (codified pursuant to OMB Circular No.
A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of ESG funding by
CITY, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency
shelter grant amounts by private nonprofit organizations.
(d) The RECIPIENT will be responsible for all aspects project contract award
and management including the advertising for bids and shall award the contract to the lowest
responsible and responsible bidder. The RECIPIENT shall verify with the Labor Relations and
Equal Opportunity Division of the HUD Area Office that the low bidder has not been debarred or
suspended from participating in federal projects.
(e) RECIPIENT warrants, covenants and agrees that it shall perform the
Services in a manner that does not engage in inherently religious activities and that does not
engage in any prohibited activities described in 24 CFR 576.23. Without limitation, RECIPIENT
shall not unlawfully discriminate on the basis of religion and shall not provide religious
instruction or counseling, conduct religious services or worship, engage in religious
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proselytiz¡ng, or exert other religious influence in pursuit hereof. Subject to the foregoing,
RECIPIENT does not intend to utilize ESG funding to construct, rehabilitáte or convert fað¡l¡tieiowned primarily by religious organizations or to assist primarily religious organizations in
acquiring or leasing facilities to the extent prohibited in 24 cFR sr6.23.
(f) RECIPIENT shall per-form the Services in compliance with, and not to
cause or permit the Services to be in violation of, any existing or future environmental law, rule,
regulation, ordinance, or statute. RECIPIENT agrees that, if CITY has reasonable grounds tosuspect 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, ClTy shall have theright to retain an independent consultant to inspect and test the subject facilities for suchviolation. 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 theEntitlement 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 organizâtions,
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 Parl 24, which contains the government-wide
regulations implementing the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (URA) (42 U.S.C.4601-4655).
18. FurtherAssurances.
(a) This Agreement, when executed and delivered, shall constitute the legal,valid, and binding obligations of RECIPIENT enforceable against RECIPIENT in accordañcewith its respective terms, except as such enforceability may be limited by (a) bankruptcy,
insolvency, fraudulent conveyance, reorganization, moratorium, or other similår iaws of g"n"tål
applicability affecting the enforcement of creditors' rights generally and (b) the applicãtion ofgeneral 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 allfederal, state, and local governmental reviews, consents, authórizations, 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 promp¡y andfaithfully comply with, conform to and obey the ACT and all amendments thereto, and shall
maintain all facilities hereunder in compliance with building, health and safety codes.
(d) RECIPIENT shall be solely responsible and liable for any recapture or
repayment obligation imposed by HUD due to any act or omission of RECIpIENT in pursuit
hereof.
12
(e) RECIPIENT acknowledges that RECIPIENT, not the CITY, is responsible
for determining applicability of and compliance with the ACT and all other applicable local, state,
and federal laws including, but not limited to, any applicable provisions of the California Labor
Code, Public Contract Code, and Government Code. The CITY makes no express or implied
representation as to the applicability or inapplicability of any such laws to this Agreement or to
the Parties' respective rights or obligations hereunder including, but not limited to, competitive
bidding, prevailing wage subcontractor listing, or similar or different matters. RECIpIENT further
acknowledges that the CITY shall not be liable or responsible at law or in equity for any failure
by RECIPIENT to comply with any such laws, regardless of whether the City knew or should
have known of the need for such compliance, or whether the CITY failed to notify RECIpIENT of
the need for such compliance.
(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:
(¡) 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 against any employee or
applicant for employment because of race, color, creed, religion, sex, sexual preference,
national origin, ancestry, ethnicity, age, marital status, and status as a disabled veteranor veteran of the Vietnam era, medical condition, or physical or mental disability.
RECIPIENT shall take affirmative action to ensure that applicants are employed, and ¡-re
employees are treated during employment, without regard to their race, color, creed,
religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status,
status as a disabled veteran or veteran of the Vietnam era, medical condition, or
physical or mental disability. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. RECIPIENT agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provision of this nondiscrimination clause.
(¡¡i) RECIPIENT will, in all solicitations or advertisements for
employees placed by or on behalf of RECIPIENT, state that all qualified applicants will
receive consideration for employment without regard to race, color, creed, religion, sex,
sexual preference, national origin, ancestry, ethnicity, age, marital status, status as a
disabled veteran or veteran of the Vietnam era, medical condition, or physical or mental
disability.
13
(iv) RECIPIENT will send to each labor union or representative
workers with which it has a collective bargaining agreement or other contract
understanding, a notice advising such labor union or workers' representatives
RECIPIENT's commitment under this Section and shall post copies of the notice
conspicuous places available to employees and applicants for employment.
ARTICLE 3
GENERAL PROVISIONS
19. Amendment. This Agreement shall not be modified except by writtenamendment approved by the City Council and signed by the parties. Where it is deteimined bythe Administrator that there is a need to make any change in the Program, services to báperformed, fiscal procedures and system, or the terms and conditioné of this Agreement(including, without limitation, any changes necessary to comply with changes in federal]state, orlocal laws or regulations), refusal by RECIPIENT to accept the cñange is grounds fortermination of this Agreement. Notwithstanding the foregoíng, approval of ìne Cit! Council isnot required for (i) insubstantial adjustments in line items witl^rin the total approved budget, notaffecting the total approved budget amount, approved by the Administraior in his/her solediscretíon; (ii) insubstantial changes in the nature or sôope of services specified in thisAgreement approved by the Administrator in his/her sole discretion; and (iii) changes to theinsurance requirements specified in Exhibit D approved by clTY's Risk Manager in his or hersole discretion.
20' Public lnformation. RECIPIENT shall disclose all of its funding sources to ClTywhich, thereafter, will be public information.
21. Copvriqhts/Patents.
(a) lf this Agreement results in a book or other copyrightable material, theauthor may seek any available copyright protection for the work unless- alork for hire. ClTyreserves a royalty-free, nonexclusive, irrevocable and assignable license to reproduce, publish,
or othen¡uise use, and to authorize others to use, all copyriihted material and all material whichcan be copyrighted.
(b) Any discovery or invention arising out of or developed in the course ofwork aided by this Agreement, shall promptly and fully be reported to ClTy for determination byCITY as to whether patent protection on such invention or discovery, including rights theretóunder any patent issued thereon (reserved henceforth onto ClTyi, shall Oe imposed andadministered, in order to protect the public interest.
22' PolitiÇal Activitv Prohibited. None of the funds, materials, property, or servicesprovided directly or indirectly under this Agreement shall be used for any poliiical-activity, or tofurther the election or defeat of any ballot measure or candidate for publii office.
23. Lobbving Prohibited. None of the funds provided under this Agreement shall beused for publicity, lobbying or propaganda purposes designed to support or-defeat legislationpending before any legislative body.
24' Third Partv Beneficiaries. The rights, interests, duties and obligations definedwithin this Agreement are intended for the specific parties hereto as identified in the preamble of
of
or
of
in
14
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. Nondiscrimination. To the extent required by controlling federal, state and local
law, RECIPIENT shall not employ discriminatory practices in the provision of services,
employment of personnel, or in any other respect on the basis of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam
era. Subject to the foregoing and during the pedormance 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 disability,
mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status
as a disabled veteran or veteran of the Vietnam era. RECIPIENT shall ensure that applicants
are employed, and the employees are treated during employment, without regard to their race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
veteran of the Vietnam era. Such requirement shall apply to RECIPIENT'S employment
practices including, but not be limited to, the following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. RECIPIENT agrees to
post in conspicuous places, available to employees and applicants for employment, notices
setting forlh the provision of this nondiscrimination clause.
(c) RECIPIENT will, in all solicitations or advertisements for employees
placed by or on behalf of RECIPIENT in pursuit hereof, state that all qualified applicants will
receive consideration for employment without regard to race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) RECIPIENT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice
advising such labor union or workers' representatives of RECIPIENï'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 services provided for herein, RECIPIENT is acting
as an independent contractor. Neither RECIPIENT, nor any of its officers, agents, or employees
shall be deemed an officer, agent, employee, joint venturer, partner, or associate of CITY for
any purpose. CITY shall have no right to control or supervise or direct the manner or method by
which RECIPIENT shall perform its work and functions. However, CITY shall retain the right to
15
administer this Agreement so as to verify that RECIPIENT is performing its obligations inaccordance with the terms and conditions ther-.of.
(b) This Agreement does not evidence a partnership or joint venture betweenRECIPIENT and CITY. RECIPIENT shall have no autl-rority to bind 'Ctty
"b."nt ClTy,Sexpress written consent. Except to the extent othen¡yise 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 itsofficers, agents and employees shall have absolutely no right to employment rights and benefitsavailable to CITY employees. RECIPIENT shall bé solely liable and i"rponriut" for providingto, or on behalf of, its employees all legally required employee benefits. ln addition, nfbtpteruishall be solely responsible and save ClTy har
RECIPIENT'S employees, including, withou
withholding, and all other regulations governin
the term of this Agreement, RECIpIENT may b
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 deeme-d to be duly given-if deliveredpersonally, transmitted by facsimile followed by telephone confirmation of reieipt, or sent byUnited States registered or certified mail, wiih postage prepaid, return receipt requested,addressed to the parly to which notice is to be gìven ãt the party's address set forth on thesignature page of this Agreement or at such oth er address as the parties may from time to timedesignate by written notice. Notices served by United States mail in the manner abovedescribed shall be deemed sufliciently 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 ãach Parties' respective heirs, succä..orr,assigns, transferees, agents, servants, employees and representatives.
29. Assiqnment.
(a) This Agreement is personal there shall be noassignment by REC-IPIENT of its rights or obligatio ent without the priorwritten approval of the Administrator. An/ att by RECtptENT: itssuccessors or assígns, shall be null and void u rless the Administrator.
(b) RECIPIENT hereby agrees not to assign the payment of any monies dueRECIPIENT from CITY under the terms of this Agreement to
-any
other individual(s),corporation(s) or entity(ies). CITY retains the right to pay any and all mónies due RECIpIENTdirectly to RECIPIENT.
the services required under this Agreement,
icable laws of the United States, the State of
s promulgated by federal, state, regional
in force and as they may be enacted,
31. Waivet. The waiver by either Party of a breach by the other of any provision ofthis Agreement shall not constitute a continuing wâiver or a waivei of any subsequent breach of
16
either the same or a different provision of this Agreement. No provisions of this Agreement maybe waived unless in writing and signed by all Þarties to this Agreement. Waivér of any onáprovision herein shall not be deemed to be a waiver of any other þrovision herein.
This Agreement shall be governed by, and
, the laws of the State of California, exiluding,
d apply the law of another jurisdiction. Venue fır
rc ing the enforcement or interpretation of this
er shall be Fresno County, California.
33' Headinqs. The Section headings in this Agreement are for convenience andreference only and shall not be construed or néto in any way to explain, modify or add to thàinterpretation or meaning of the provisions of this Agreement.
34. Severabilitv. The provisions of this Agreement are severable. The invalidity orunenforceability of any one provision in this Agreemeñt shall not affect the other provisions.
35. lnterpretation. The Parties acknowledge that this Agreement in its final form isthe result of the combined efforts of the parties and thãt, should any-provision of this Agreementbe found to be ambiguous in any way, such ambiguity shall not be resolved by construing thisAgreement in favor of or against any Party, out rãtnér by construing the terms in accordancewith their generally accepted meaning.
36. Attornev's Fees. lf either Party is required to commence any proceeding or legalaction to enforce or interpret any term, covenant or condition of this ngreément, the [revailingparty in such proceeding or action shall be entitled to recover fròm the other'party itireasonable attorney's fees and legal expenses.
37 ' Exhibits. Each exhibit and attachment referenced in this Agreement is, by thereference, incorporated into and made a part of this Agreement.
38. Precedenc-e-of Documents. The order of precedence of documents shall be: (1)Rules and Regulations of Federal Agencies relating to itre source of funds for this pro¡ect; izjPermits from other agencies as may be required by taw; (3) SupplementaLngreements orthisAgreement 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 byapplication of the order of precedence.
ln the event of any conflict between the body of this Agreement and any Exhibit orAttachment hereto, the terms and conditions of the body of this-Agreement shall control andtake precedence over the terms and conditions expreséed within üre exrrio¡t or Attachment.Furthermore, any terms or conditions contained witl'rin any Exhibit or Attachment hereto whichpurpoÍ to modify the allocation of risk between the Parties, provided for within the body of thisAgreement, are null and void.
39. Cumulative Remedies. No remedy or election hereunder shall be deemedexclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
17
40. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire and
integrated agreement between the parties with respect to the subject matter hereof and
supersedes all prior negotiations, representations or agreements, either written or oral.
ISIGNATURES APPEAR ON THE NEXT PAGE.]
18
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
Poverello House,
a California 5Ç1 (c)(3) not-for-profit Corporation
By:By
Bruce Rudd
City Manager Executive Director
(lf corporation or LLC, Board Chair, Pres.
or Vice Pres.)
Date: o7. o6 , tQ
Date:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
Deputy Vl*te
Date: \Íqllv
By:
By -\Ø I u)<-1
Name:M øk\nc? -
V ctu'so¡'a't Ti,",
(lf corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
Date:
Addresses:
CITY: RECIPIENT:
City of Fresno Poverello House.
Attention: Bruce Rudd, City Manager Attention: Cruz Avila
2600 Fresno Street Room 3076 Address: 412 F Street
Fresno, CA 93721 Fresno, CA 93706
Phone: (559) 621-8300 Phone (SS9) 498-6988
FAX: (559)488-1078 FAX: (bb9) 4BS-O54B
Attachments:
1. Exhibit A - Scope of Services2. Exhibit B - Budget Summary
3. Exhibit C - Homeless Services Report5. Exhibit D - lnsurance Requirements4. Exhibit E - Conflict of lnterest Disclosure Form
19
Deputy City Attorney
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement "Between" the Gity of Fresno
and Poverello House
Emerqencv Solutions Grant
PROJECT TITLE
Executive Summary (1 page)
Section Section Headino Attachment Documents
Acknowledge review of
insurance req u irements
- nla
,l 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 Appl icant(s)- Narrative (two pages)
6 Current and Completed Projects - Narrative (one page)
7
Acknowledge Consistency
with Federal/Local Funding
Requirements
nla
B Budget . Form (two pages)
Program Funding Application
1of1
Section B Project Budget
ESG Activity
TOTAL BUDGET
for this program
CITY
ESG
funds
proposed
CITY ESG
funds
previously
awarded for
this program
COUNry
ESG tunds
(awarded,
requested, or
expected)for
this program
Matching
funds for
this
program
Source(s) of
matching
funds for this
program
Street Outreach /
Emeroencv Shelter
Street Outreach
Emergency Shelter ;15,000 ;15,000 ;1_5,000 rrivate
)onations/Fresno
iirct Çtanc l.lnmac
TOTAL street
outreach/emergency
shelter
;15,000
Ragid Re- Housinq
Rapid Re'Housing-
Housing Relocation &
Stabilization
Rapid Re- Housing -
Tenant- Based Rental
Assistance
TOTAL rapid re-
nousing
rOTAL ALL ESG ;15,000 515,ooo
{ctivities in this
3UDGET
,rovide motel
rouchers, food and
ransportation
)30,000
BudgetNarrative
Budget for L2-month period for 60 households
$70.00 per night (includes hotel room, transportation and food)
Average Nights per household: 7 nights
Families per month:
e 2.5 ESG families/households
e 2.5 families/households matching funds
Exhibit C - Homeless Services
Section 2- Project Description
The Poverello House is requesting $15,000 under the Emergency Shelter/Street Outreach portion
of the Emergency Solutions Grant from the City of Fresno. The $15,000 and the matching funds
will be used for hotel/motel vouchers for homeless families, homeless veterans and homeless
youths agng out of foster care system. Referrals to the voucher program must come through
Map Point at Pov or any other Multi-Access Program locations. Multi-Agency Program (MAP)
is an integrated intake process connecting individuals facing housing, substance abuse and/or
mental illness challenges to supportive services. When Map Point at Pov opened in February
2015, its pu{pose was to assist homeless individuals' access social services and housing. Once
MAP Point at Pov starting operating, it was obvious, that many families were accessing the
services at MAP Point. Since February 2015 numerous families have access Map Point
services. The families who come to MAP Point are homeless or soon to be homeless.
Unfortunately in the City of Fresno there is limited number of shelter beds for families. Many
agencies such as the Fresno Rescue Mission and Evangel Home are at capacity and cannot
accommodate the entire family. Because there is a lack of shelter beds, families have to be
transported to Madera, Visalia or Tulare for ernergency shelter or remain homeless. Many times
staff at Poverello House is force to spilt the family unit apart to find shelter. Once the family is
transported out of town, MAP Point and Poverello House staff continues to work with the family
to find them permanent housing. During the last week of October 2015, MAP Point at Pov had
12 families access their services.
-El¡glble Activities: Providing emergoncy shelter in the form of hotel/motel vouchers,
food, transportation, and other eligible costs as defined in 24 CFR Section 576.102.
-rare9l]@:ThefundsfromESGwil1targethomelessfami1ies,veterans,and
youth asng out of the foster care system that met Housing and Urban Development
(HUD) definitions of homeless. Non ESG matching funds will be utilized to provide
additional emergency shelter to homeless families, veterans and youth aglng out of the
foster care systøn that are determined to be homeless under the definition of
homelessness as defined by HUD.
-Seryices to be provided: Staff will screen potential applicants to determine if they are
eligible for a hotel/motel voucher. Once eligibility is determined, staffwill provide
transport, if necessary to the hotel. Staff will provide additional supportive services to
families, veterans and foster youth such as case management to find permanent housing
and any additional social services the participants may require.
-Number of participants: 60 households/families with matching funds potentially
households.
-Timelines and project schedule: If Poverello House is awarded funds under ESG,
Poverello House will immediately implernent the program. Poverello House has been
assisting homeless families, veterans and youth aging out of the foster system find
housing and social services since MAP Point at Pov began in February 2015. Since 1973,
Poverello House has been providing social services for needy families, individuals
and the homeless. Because there is a significant demand to provide families emergency
shelter, Poverello House will be able to spend the funds in the time period designated.
-Proiect outcomes: Poverello House expects to assist at least 30 homeless families that
are eligible for the program. Poverello House will use the matching funds it receives to
provide emergency shelter and supportive services to an additional30 families for a
total of 60 households/families. Homeless vetemnsand yorrths aging out of the foster
system are included in the total. When ESG funds are exhausted or potential candidates
are not considered homeless under ESG guidelines, matching funds will be utilized. The
goal of the progr¿rm is to have at least 75o/o of the families that utilize the program, exit
to some form of housing.
SectÍon 3- Meeting Program Policies and Priorities
Poverello House practices the Housing First model. Currently there are no barriers to receive
services from Poverello House. Poverello House is an active participant in the 25 cities
initiative/coordinated entry system, Fresno Madera Continuum of Care. Point in Time Homeless
Count and other collaborations with other non-profits providing services to the homeless.
Poverello House has been a recipient of HUD funds through the Continuum of Care since 2007.
Because Poverello House has a history of receiving HUD funds, they understand HUD's funding
priorities. Poverello House's administration of ESG funds will reflect both HUD and the City of
Fresno funding priorities. Below is a list of populations that will have priority to receive ESG
funding from Poverello House's emergency housing program:
1) Chronicallyhomeless families with children
2) Unsheltered/ homeless families with children
3) Homeless veterans
4) Youth agrng out of the foster care system
Poverello House will accept families that are referred by the County of Fresno Homeless
Program, Fresno Rescue Mission and any other social service agency that assists homeless
families.
Section 4-koject Schedule
If Poverello House ESG application is approved, Poverello will immediately implønent the
program. Poverello House will have a dedicated credit card and/or voucher that will be used to
pay for the participants stay at the motel. Poverello House has already worked with several hotel
owners in the area that are able to accommodate families on an emergency basis. The finance
department will retain all receipts that are generated from the program. The finance department
with receipts will invoice the City of Fresno by the end of every month. Poverello House will
also provide any necessary documentation for the cash match. Poverello House has experience
with HUD funded programs and retaining the necessary documentation required for HUD grants.
Currently, Naomi's House is funded through the Continuum of Care HUD programs and has a
case manager that is funded through City of Fresno's Rapid Re-housing program through ESG.
Section S-Experience of Agency
Since 1973, Poverello House has provided services to needy families and the homeless.
Poverello House provides 3 meals a day,365 days ayeat. In2014, Poverello House served over
500,000 meals. Poverello House also provides temporary overnight shelter for men and women.
Every night approximately 150 homeless stay overnight at Poverello House through the Village
and Community of Hope and Naomi's House. Poverello House staff also has experience in
providing social services and housing for homeless clients. Since MAP Point at Pov started in
February 2015 Poverello House has assisted 60 individuals in finding permanent housing.
Because Poverello House has 40+ years experience with working with the needy and homeless in
Fresno, they understand the complex issues surrounding homelessness. Poverello House staff
has extensive experience working with homeless clients who struggle with substance abuse,
physical disabilities, and mental illness.
Since February 2015, Poverello House with WestCare and Tuming Point has participated in the
City of Fresno Project Unite ESG grant. Poverello House received funding for one case manager
and for a case manager/outreach specialist. In 2007, Poverello House became the grant recipient
of HUD funds for Naomi's House. Poverello House receives $360,000 from HUD to provide
shelter for single homeless women. For over l0 years, through FEMA's Emergency Food and
Shelter Program, Poverello House has received funds that partially fund the ofËsite meal
program. Poverello House also receives regularly private donations that fund the Village and
Community Hope and the Men's Resident Rehabilitation program.
Listed is the staff that will be responsible for administering the emergency shelter voucher
program:
experience with writing and monitoring federal grant programs. She currently
oversees Naomi's House, Village and Community of Hope and Poverello House
staff at MAP Point at Pov. She also monitors grant programs such as EFSP,
county grant funds and restricted private donations. Ms. Mirhadi has also
experience working with victims of domestic violence, clients with mental illness
and substance abuse, and homeless clients. Ms. Mirhadi has also worked with the
city's HOME and CDBG funds. Ms. Mirhadi upon referrals from MAP Point at
Pov will approve the use of motel and hotel vouchers for applicants that comply
with funding priorities of ESG. Once the request is approved, the finance
department will "cut a check" or use the designated credit card. Ms. Mirhadi will
also monitor and approve any additional grant money expenditures allowed under
ESG.
MAP Point since it opened in February 2015. He and other staff at MAP Point at
Pov have helped hundreds of people who have come to MAP Point. He also is
the case manager for the homeless clients at the Villages. He links homeless
clients to social services and housing programs. Mr. Huerta also works with
clients to "self resolve" their homeless status by assisting them with job searches,
resume building, and reuniting them with their families. Mr. Huerta will refer
potential recipients to the emergency shelter voucher program.
House with homeless clients for over 7 years. Ms. Martinez assists the homeless
clients living in the Villages receive social services and gather the necessary
documentation for housing. Ms. Martinez also assists' in providing for the
immediate needs of homeless families and transporting them to shelters. Ms.
Martinez also has extensive experience in reaching out to homeless clients located
throughout the city of Fresno.
Person wìth authority to make legal bíndíng commítmenfs: Jose Cruz Avila, Executive Director
of Poverello House
Identífy any legal øctìons or bankrupfcl'¿s.. Not applicable
Section GCurrent and Completed Projects
Because of Poverello House's ongoing commitment to assist the needy and homeless, the
majority of its' programs are "ongoing." Poverello House has a "no questions asked" policy
when providing services to clients. Because of this polic¡ some of Poverello House's programs
do not distinguish whether a client is "homeless" or just in need of social services. There are
programs at Poverello House that do specifically assist the homeless. Below is a brief summary
of Poverello programs that specifically assist the homeless:
Naomits House: Naomi's House is a "safe haven for single homeless women."
Established in2002, Naomi's House at Poverello has provides ovemight shelter for single
homeless women. From July 2014 to June 2015, 222 womenaccess Naomi's House 22 of those
women moved to permanent housing. The women who utilized Naomi's House are homeless
and have significant mental illness and,/or substance abuse. Naomi's House, provides case
management for the women and access to housing programs. Currently 95Yo of theclients have
taken the VI-SPDAT and are participating in the housing services at MAP Point at pov.
The Villase and Communitv of lfope: The Villages at Poverello House provide
temporary shelter for homeless men and women. The Village of Hope was established in 2004,
as a response to homeless encampments in the City of Fresno. In 2007 the Community of Hope
was established to meet the need for temporary shelter in Fresno. Approximately 120 homeless
clients are currently living in the Villages. The shelter provided by Poverello House is a bridge
for clients as they go from being homeless to securing permanent housing. Since February 2015,
homeless clients living in the Villages have greatly benefitted from the City of Fresno ESG
programs. To date over 40 clients have received permanent housing through the City of Fresno's
ESG program. Poverello House will continue to utilize the City of Fresno ESG program to help
permanently house the homeless.
Map Point at Pov: Map Point at Pov is collaboration between Poverello House, WestCare,
Turning Point, Fresno Housing Authority, the City and County of Fresno and other social service
agencies to provide the homeless access to social services in one location. Poverello House has
one staff member that is dedicated to MAP Point and volunteers 4 members of their staff to
provide additional assistance at MAP Point at Pov. When a family arrives at MAP Point,
Poverello House provides for the families' immediate needs. This includes providing emergency
food bags/meals, clothing, transportation and any other that seryices that the family needs.
Section 7-Consistencey with L ocal/f,'ederal Funding
Poverello House will comply with all rules and regulations stated in 24 CFR Part 576. Poverello
House currently participates in the HMIS, the local CAHM system. Poverello House is an active
and voting msmber of the Fresno and Madera Continuum of Care.
Poverello House's Emergency Shelter Program can potentially serve 60 homeless
families/households. Homeless veterans and youth agrng out of the foster system are included in
the total number of participants. Currently Poverello House is not utilizing any City or County
ESG funds for this program. The only funds Poverello House is currently utilizing for this
program is through private funding sources.
Explanation of Other ESG tr'unds
Currently, Poverello House receives funds under WestCare's ESG grant with the City of Fresno.
The ESG grant provides one case manager/outreach specialist that works at MAP Point at Pov.
WestCare's ESG grant, in which Poverello House receives funds, expires in June 30,2016.
Poverello House has not applied for any county ESG funds. Since the County has not released
an RFP for the ESG funds, Poverello House cannot determine whether they will apply for
County ESG funds.
Explanations of Matching Funds
Depending on the grant award, Poverello House will secure the required matching funds.
Currently, Poverello House has already secured $15,000 from private donations. Poverello
House will secure additional matching funds through Fresno First Steps Homes, and other
private donors who have pledge their support for funding emergency shelter for families. The
matching funds will be used for motel/hotel vouchers for homeless families who do qualifu
under HUD's definition of homelessness. The matching funds will also be used pay for
administration of the program. Below is the breakdown of costs formatching funds:
. $11'716 Hotel/motel vouchers and costs of supportive services such as
transportation and food.
51,622 ot 3vo of Ms. Mirhadi's salary. Ms. Mirhadi will supervise the
emergency shelter program. She will approve the use of vouchers upon
referral from Map Points. She will also monitor all grant funds and ensure
Poverello House's compliance to all grant requirements
91,072 or 3Yo of Leticia Martinez's salary. Ms. Martinez will provide any
transportation and supportive services that the homeless may need who utilize
the program
$590 or 1% of Laurie Contour Duval salary. Ms. Duval will be responsible for
issuing any checks required by the emergency shelter program. Ms. Duval will
also compile any necessary documents such as receipts for all grant
expenditures.
EXHIBIT D
Gonsultant Service Agreement,,Between" City of Fresno
and Poverello House
Ernetsç¿f."li|,?!. Grant
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. The most current 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 onan occurrence form and shall provide coverage for "bodily injury," "properly
damage" and "personal and adverlising injury" with coverage foi piemises anáoperations (including the use of owned and non-owned equipment), products andcompleted operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of ìiaOility not less thanthose set forth under "Minimum t imits of lnsurance.',
2. The most current version of ISO *Commercial Auto Coverage Form CA 00 01,providing liability coverage arising out of the ownership, maintenance or use ofautomobiles in the course of your business operations. The Automobile policy
shall be written on an occurrence form and shall provide coverage for all owneO,hired, and non-owned automobiles or other licensed vehicleð (Code 1- AnyAuto). lf personal automobile coverage is used, the CITY, its officers, officials',
employees, agents and volunteers are to be listed as additional insureds
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability lnsurance.
4. Profe^ssional Liability (Errors and Omissions) insurance appropriate toCONSULTANT'S profession. Architect's and engineer's coverage is to beendorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits ofliability of not less than those set forth below. However, insurance limits available to ClTy, itsofficers, officials, employees, agents and volunteers as additional insureds, shall be the greater
of the minimum limits specified herein or the full limit of any insurance proceeds availablJto thenamed insured:
1 GOMMERCIAL GENERAL LIABILITY:
(i)
(i¡)
( ii¡)
$1,000,000 per occurrence for bodily injury and property damage;
$1,000,000 per occurrence for personal and advertising injury;
$2,000,000 aggregate for products and completed opeiationé; and,
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(iv) $2,000,000 general aggregate applying separately to the work
performed under the Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage.
oR.
PERSONAL AUTOMOBILE LIABILITY insurance with limits of liability not tess
than:
(i) $100,000 per person;(i¡) $300,000 per accident for bodily injury; and,(iii) $50,000 per accident for property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;(ii) $1,000,000 disease each employee; and,(¡i¡) 91,000,000 disease policy timit.
5. PROFESSIONAL LtABtLtTy (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,(ii) $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 lnsurance," this insurance policy(ies) shall "follow form" and afford no less
coverage than the primary insurance policy(ies). ln addition, such Umbrella or Excess
insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of
the CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AN D SEI=F{NSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and CONSULTANI shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on tfre
Certificate of lnsurance, and approved by, the CITY'S Risk Manager or designee. At the option
of the CITY'S Risk Manager ordesignee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects clry, its officers, officials,
employees, agents and volunteers; or
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(ii) CONSULTANT shall provide a financial guarantee, satisfactory to
CITY'S Risk Manager or designee, guaranteeing payment of losses
and related investigations, claim administration and defense
expenses. At no time shall CITY be responsible for the payment of
any deductibles or self-insured retentions.
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
are to contain, or be endorsed
to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered
as additional insureds. CONSULTANT shall establish additional insured status
for the City and for all ongoing and completed operations by use of ISO Form
CG 20 1011 85 or both CG20101001 and CG 20 37 10 01 or by an executed
manuscript insurance company endorsement providing additional insured status
as broad as that contained in ISO Form CG 20 1011 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers. Any
available insurance proceeds in excess of the specified minimum limits and
coverage shall be available to the Additional lnsured.
3. For any claims related to this Agreement, CONSULTANT'S insurance coverage
shall be primary insurance with respect to the CITY, its officers, officials,
employees, agents and volunteers. Any insurance or self-insurance maintained
by the CITY, its officers, officials, employees, agents and volunteers shall be
excess of CONSULTANT'S insurance and shall not contribute with it.
CONSULTANT shall establish primary and non-contributory status by using ISO
Form CG 20 01 0413 or by an executed manuscript insurance company
endorsement that provides primary and non-contributory status as broad as that
contained in ISO Form CG 20 01 0413.
The Workers' Compensation insurance policv is to contain, or be endorsed to contain, the
following provision: CONSULTANT and its insurer shall waive any right of subrogation against
CITY, its officers, officials, employees, agents and volunteers.
is written on a claims-made
form.
1. The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by 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 shall 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 another
claims-made policy form with a retroactive date prior to the effective date of the
3 of 4
Agreement or the commencement of work by CONSULTANT, CONSULTANT
must purchase "extended reporting" coverage for a minimum of five (5) years
after completion of the Agreement work or termination of the Agreement,
whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for
revtew.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not
be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar
days written notice by certified mail, return receipt requested, has been given to CITY.
CONSULTANï is also responsible for providing written notice to the CITY under the same
terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation,
non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new
certificate and applicable endorsements for such policy(ies). ln the event any policy is due to
expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate,
and applicable endorsements, evidencing renewal of such policy not less than fifteen (15)
calendar days prior to the expiration date of the expiring policy.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All cerlificates and applicable endorsements are to be received
and approved by the CITY'S Risk Manager or designee prior to CITY'S execution of the
Agreement and before work commences. All non-lSO endorsements amending policy coverage
shall be executed by a licensed and authorized agent or broker. Upon request of CITY,
CONSULTANT shall immediately furnish City with a complete copy of any insurance policy
required under this Agreement, including all endorsements, with said copy certified by the
unden¡rriter to be a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
4of4
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emergencv Solutions Grant
PROJECT TITLE
YES*NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?
T
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?
r
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
I
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
n
5 Are you or any of your principals, managers or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?tr
b Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?n
" lf the answer to any question is yes, please explain in full below.
Explanation:
Signature
oL,b7.lb
Date
Poverello House
Address: 412 F Street
Fresno, CA 93706! Additional page(s) attached.
1of1
RESOLUTION OF THE
BOARD OF DIRECTORS OF POVERELLO HOUSE
A CALIFORNIA NONPROFIT
PUBLIC BENEFIT CORPORTATION
BE IT RESOLVED, the Boa¡d of Directors of Poverello House give Executive Direstor
Cruz Avila, the authorization to sign contracts on behalf of Poverello House.
lT, ¿ltb
lN WITNESS WHEREOF, the parlies have executed this Agreement at Fresno,
California, the day and year fìrst above written.
CITY OF FRESNO,
a municipal corporation
Poverello House,
Bruce Rudd
City Manager
Date:(lf corporation or LLC, Board Chair, Pres
or Vice Pres.)
Date: 01.\V 'lVATTEST:
WONNE SPENCE, CMC
City Clerk
Deputy Name:
Title:Date:(lf corporation or LLC, CFO, Treasurer,
Secretary or Assistant Secretary)
By
By:
By
By.
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney Date.
Brandon M. Collet
Deputy City Attorney
Date.
Addresses.
CITY. RECIPIENT:
City of Fresno poverello House.
Attention: Bruce Rudd, City Manager Attention: Cruz Avila
2600 Fresno Street Room 3076 Address: 412 F Street
Fresno, CA 93721 Fresno, CA 93206
Phone: (559) 621-8300 phone (SS9) 49S-6988
FAX: (559) 488-1078 FAX. (s59) 48s-6s48
Attachments:
1. Exhibit A - Scope of Services2. Exhibit B - Budget Summary3. Exhìbit C - Homeless Services Report5. Exhibit D - lnsurance Requirements4. Exhibit E - Conflict of lnterest Disclosure Form
Executive Director
19
CALIFORI{IA ALL.PURPOSE ACKIIOWLEDGTIET{T c¡vrl coDE s r189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this ceftificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of C )
County of )
on Wø ,rt/t I /')¿ l¿before me,
Date
personally appeared as;e, ê,
Name(s) of Signe(s)
who proved to me on the basis of satisfactory evidence to be the personþ) whose name(s| i e
subscribed to the within instrument and acknowledged to me that he/ y executed the same in
or the entity upon behalf of which the personþ) acted, executed the instrument,
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and officialseal.
Signature
Commi¡¡ion t 2111322
l{otary Public - Calilornl¡
Fresno County
Signature of Notary Public
Place Notary SealAbove
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Capacity(ies) Claimed by Signer(s)
Signer's Nanre:
i lCorporate Officer - Title(s):
i I Partner - n Limited n General
Signe(s) Other Than Named Above:
Document Date:
I i lndividual
lTrustee
fJ Attorney in Fact
D Guardian or Conservator
Signer's Name:
i ìCorporate Officer - Title(s):
I I Partner - Ll Limited tl General
L I lndividual [l Attorney in Fact
Ll Trustee
rl Other:
i l Guardian or Conservator
i lOther:
Signer ls Representing:Signer ls Representing:
lnsert Name and Title of tne Officer
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