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3"1 accordance with the provisions of 24 crn Ëãrt 576 et seq. and
The purpose of the ESG grant is to provide assistance to the homeless and those at riskof becoming homeless to quickl-y ,"q.?r.n ét"¡,i¡tv r ó"ìr"n"nt housing ãft".
""p"riencing ahousing crisis andior homelessneis *iThin tne ôití.
. The Recipient is a member of the Fresno- Madera continuum of care.
rterly ESG performance meetings.
the Coordinated Entry System.
d "Letter of Commitment" for matching funds and a
access to matchins runds ror erig¡flJ:1ffi:$i[i""T#,::.1"J::,',',ïj"ìnãi n"-vi'u"
o The Recipient shall provide client evaluations t'o determine eligibility of other applicableprograms and permanent housing solutions.
ln response to the itted a Proposal which included a scope ofwork and cost proposar in Exhibits a anã B respectivery and
liåXi:iì. it is capable the requirements oi tn" NoFA ,no ini.
Now' THEREFORE, in consideration of the foregoing and of the covenants, conditions
il1r:iñï:"'"1î:'åîfter combined to be rept ànã ó"-'ÌJ,'éo by thÀ i".óåáiu" parties, ¡i is
ARTICLE 1
DEF|NlrloNS' wherever used in this Agreement or any of the contract documents, thefollowing words shall have the meaning herein'given, unl".. in" .ont"rt'requlres a differentmeaning.
sed by the Emergency Solutions Grant and
m Rule, published in the Federal Register on
ator" shall TeSn the Manager of the Housing andcommunity Development Division of the Development and Resource Mráîãgement 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 Documents" shall mean and. refer.to this Agreement including itsexhibits and the NOFA and Bid Proposal with all attachments and addenda 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 des
persons, as well as those at risk of homele
quickly regain stability in permanent housin
homelessness within the parameters and requ
Procedures.
"Program income" for the sp reement shall be as defined in theACT. Unless othenryise provided for ome shall include any and all grossincome earned by or accruing to uit hereof prov¡àeO that the termprogram income does not include rebates, credi or refunds realized by RECIpIENTin its pursuit hereof.
"NoFA' shall mean the Request for Proposal Number 11152015 for the city of FresnoEmergency solutions Grant dated october 15', 2015 including withoui i¡miiat¡on the generalrequirements, bidding requirements, all its attachments, appendices and addenda.
"scope of services or services" shafl mean those services submitted with RECIpIENT'sbid proposal to be offered in fulfillment of the Program and includeo ¡n exÀ¡b¡t n.
1. his Ag ntract Documentsshall be ordei rein for CtTy byAdministr oint of ENT shall report.
2' clPlENT shall provide the Program in conformance withthe contract to the satisfaòtion of clrY thìose sérvices set forth inExhibit A an ated or incidental thereto even though not expressly setforth thereín.
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3' lt is the intent of the Parties that thisAgreement be forth above as to all terms and conditions of thãAgreement. Services of RECIPIENT shall commence as of March 1't 2016 and shall endDecember 31't, 2016, which shall be the term of this Agreement, unless terminated earlier asprovided herein.
4. Compensation and Method of Payment. clTY shail pay RECIpIENT thee - Thousand Dollars and Zero Cenis ($g2,OOO.0Ol iois rendered therefore and as set forth in Exhibit B
Compensation is based on actual expendituresincurred by RECIPIENT in accordance with the Budget set forth in Exhibit B. lt is understoodthat all expenses incidental to RECIPIENT's performence of services under this Agreementshall be borne by the RECIPIENT. lf RECIPIENT should fail to comply with any proùisions ofthis Agreement, CITY shall be relieved of its obligation for further compehsation.
(a) e by the CITY to RECIPIENT in arrears, forservices provided d Such payment by City shall be made in thenormal course of bu
of a correctly compl
be for the actual expenditures incurred by REC
shall be made after receipt and verification
submitted 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 nòtice.
(b) The Administrator may, in his or her sole discretion, agree in writing torevise the payment schedule in subsection (a), above, upon RECIPIENT's sñowing that s-uchwill facilitate delivery of the services; provided, however, that total payments under thisAgreement shall not exceed the total amount provided for in subsection t.), .nO any amountsadvanced are authorized and appropriated for that fiscal year of the CIT'V ïovering ihe perioã
for 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 trust, the property ofCITY and shall be remitted to CITY within 10 days of expiration or earlier terminaiion of inisAgry91e¡t Any interest thereon must be credited to or returned to ClTy. Upon any dissolutionof RECIPIENT, all funds advanced pursuant to this Agreement and not expendid shall bereturned to CITY.
(d) CITY will not be obligated to make any payments under this Agreement ifthe request for payment is received by the CITY more than 6O Oáys after the date of iermination
of this Agreement or the date of expiration of this Agreement, whióhever occurs first.
(e) RECIPIENT understands and agrees that the availabitity of ESG Fundinghereunder is subject to the control of HUD and should the ESG Funding Oe encumOeiàOl
withdrawn, or otherwise made unavailable to CITY whether earned or promiãed to RECIpIENTand/or should CITY in any fiscal year hereunder fail to appropriate said funds, ClTy shall notprovide said funds to RECIPIENT unless and until they are made available for payment to GlTyby HUD and CITY receives and appropriates said Funds. No other funds owneã or controlledby CITY shall be obligated under this Agreement to the project(s). Should sufficient funds notbe appropriated, the Services provided may be modified, oitn¡s Àgreement terminated, at anytime by the CITY as provided in section g below.
(f) RECIPIENT shall use the funds pro_vided by Clry solely for the purposeof providing the services required under subsection z è) of this Agreem"ni.- -
5.
ESG fundin
labor may
pursuant to 42 CFR section 576.01 (e)(2) and
determine the value of donated material or bui
value. Other federaf funds may be used as m
or contract. Unless otherwise provided by
applied in furtherance of the Scope of Woik
(a) suspension, reduction or withdrawal of RECIPIENT'S funding by otherfunding source(s).
(b) Addition or resignation of any of REclplENT'S Board of Directormembers.
(c) Resignation or terminatigl ot any of RECIpIENT'S staff, including thosestaff not funded by this Agreement but essential to thidelivery of the services 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
Section 14 below.
7 ' Absent the CITY's written consent, any programincome gener to reduce the clTY's reimbursement obligationshereunder, or 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 repiesent an Event of Default 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 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.
(0 REC|PlENTfails to maintain any required insurance.
(g) There is a loss of third party funding (see Section 6 above).
(h) RECIPIENT files, or has filed against it, a petition of bankruptcy,
insolvency, or similar law, state or federal, of filing any petition or answer seeking, consenting
to, or acquiescing in any reorganization, arrangement, composition, readjustment, Iiquidation,
dissolution, or similar relief, where such petition shall not have been vacated within fourteen (14)
days; or if adjudicated bankrupt or insolvent, under any present or future statute, law, regulation
under state or federal law, and judgment or decree is not vacated or set aside within fourteen
(14) days.
(i) RECIPIENT's failure, inability or admission in writing of its inability to pay
its debts as they become due or RECIPIENT's assignment for the benefit of creditors.
Ü) 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 othenruise identified within this
Section.
9. Termination and Remedies. Upon the occurrence of an Event of Default, CITY
shall give written notice RECIPIENT of the Event of Default by specifying (1)the nature of the
event or deficiency giving rise to the default, (2) the action required to cure the deficiency, if, in
the sole discretion of CITY, any action to cure is possible, and (3) if the Event of Default is
curable, a date, which shall not be less than thirty (30) calendar days from the date of the
notice, by which such deficiency must be cured, provided, however that if such failure cannot be
remedied in such time, RECIPIENT shall have an additional thirty (30) days to remedy such
failure so long as RECIPIENT is diligently and in good faith pursuing such remedy.
(a) This Agreement shall terminate without any liability of CITY to
RECIPIENT upon the earlier of: (i) the happening of an Event of Default by RECIPIENT and a
failure to cure said Event of Default within the time specified in the notice of Event of Default; (ii)
7 calendar days prior written notice without cause by CITY to RECIPIENT; (iii) CITY'S non-
appropriation of funds sufficient to meet its obligations hereunder during any CITY fiscal year of
this Agreement, or insufficient funding for the services provided by RECIPIENT; or (iv)
expiration of this Agreement.
(b) lmmediately upon any termination or expiration of this Agreement,
RECIPIENT shall (i) immediately stop all work hereunder; (ii) immediately cause any and atl of
its subcontractors to cease work; and (iii) return to CITY any and all unearned payments and all
properties and materials in the possession of RECIPIENT that are owned by CITY. Subject to
the terms of this Agreement, RECIPIENT shall be paid compensation for services satisfactorily
performed prior to the effective date of termination. RECIPIENT shall not be paid for any work
or services performed or costs incurred which reasonably could have been avoided.
(c) Upon any breach of this Agreement by RECIPIENT, CITY may
(i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to
it under applicable laws of the State of California or any other applicable law; (ii) proceed by
appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct,
indirect, consequential, economic and incidental damages for the breach of the Agreement. lf 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 default which may then exist
on the part of RECIPIENT, nor shall such payment impair or prejudice any remedy available to
CITY with respect to the breach or default.
(e) CITY expressly reserves the right to demand of RECIPIENT the repayment
to CITY of any funds disbursed to RECIPIENT under this Agreement which, in the judgment of
CITY, were not expended in accordance with the terms of this Agreement, and RECIPIENT
agrees to promptly refund any such funds within 10 days of CITY'S written demand.
10. lndemnification. To the furthest extent allowed by law, RECIPIENT shall
indemnify, hold harmless and defend CITY and each of its officers, officials, employees, agents
and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to personal injury, death at
any time and property damage), and from any and all claims, demands and actions in law or
equity (including reasonable attorney's fees and litigation expenses) that arise out of, pertain to,
or relate to the negligence, recklessness or willful misconduct of RECIPIENT, its principals,
officers, employees, agents or volunteers in the performance of this Agreement.
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 harmless
and defend CITY and each of its officers, officials, employees, agents and volunteers in
accordance with the terms of the preceding paragraph.
This section shall survive expiration or termination of this Agreement.
11. 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 sole
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 full force and
effect, all services and work under this Agreement shall be discontinued immediately, and all
payments due or that become due to RECIPIENT shall be withheld until notice is received by
CITY that the required insurance has been restored to full force and effect and that the
premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the
required insurance shall be sufficient cause for CITY to terminate this Agreement. No action
taken by CITY pursuant to this section shall in any way relieve RECIPIENT of its responsibilities
under this Agreement. The phrase "fail to maintain any required insurance" shall include,
without limitation, notification received by CITY that an insurer has commenced proceedings, or
has had proceedings commenced against it, indicating that the insurer is insolvent
(c) The fact that insurance is obtained by RECIPIENT shall not be deemed to
release or diminish the liability of RECIPIENT, including, without limitation, liability under the
indemnity provisions of this Agreement. The duty to indemnify CITY shall apply to alÍ claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by RECIPIENT. Approval or
purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the
liability of RECIPIENT, its principals, officers, agents, employees, persons under the supervision
of RECIPIENT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or
anyone employed directly or indirectly by any of them.
(d) Upon request of CITY, RECIPIENT shall immediately furnish ClTy with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy certified by the underwriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this Agreemeni.
(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, otficials, employees, agents and
volunteers in accordance with the terms of this section, except that any required certificates and
applicable endorsements shall be on file with RECIPIENT and CITY prior to the commencement
of any services by the subcontractor.
12. On-Site Monitorino. Authorized representatives of HUD and/or the City shall
have the right to monitor the RECIPIENT's performance under this Agreement. Such
monitoring may include inspection activities, review of records, and attendance at meetings:
RECIPIENT shall reasonably make its facilities, books, records, reports and accounts availaóle
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 all
requirements prescribed by CITY, HUD and generally accepted accounting principles, with
respect to all matters covered by this Agreement. As applicable, RECIPIENT shall comply withall applicable requirements of the Office of Management and Budget Circular A-122, Cost
Principles for Non-Profit Organizations; OMB Circular A-133 Audits of States, Local
Governments and Non-Profit Organizations, including the provision of a single audit (generally
applicable where funding from all federal sources in any fiscal year exceeds $SOO,OOgJ, and tó
such extent shall submit to the CITY any applicable auditor's reports and audited financial
statements no later than three (3) months after the RECIPIENT's fiscal year end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 110 uniform
Administrative Requirements for Grants and Other Agreements with lnstitutions of Higher
Ed u cation, Hospital s, and Other N on-Profit Org an izations.
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 latést month for whichthe report is due.
such record, ó?,, ,1iä:"5;,'?"'.i'iiË:.",iî,::i::s,år.?,# 'fi:iJ"i#I,'ffl#iîl:Agreement or the earlier termination of this Agreement, whichever ocðurs later.
Homeress .dì1LJ?5|"'n,',iiå, :i:.l3:î'å?!,:':'si:il1i,ii".."#jj:E:
herein, each covering matters pertaininç he Scope of Services contained in ExhibitA, to be submitted to CITY no later than the thirtieih (3oth) of the month following tÀeend of each quarter hereunder for the duration hereof, absent City's prior written coñsentin cases of unusual circumstances as determined in the sole discietion of the clTy.
(b) All costs shall be supported by properly executed payrolls, time records,invoices, contracts, vouchers, orders, or any other aócounting documents'-frrt"ining in whole órin part to this Agreement and they shall be clearly identified a-nd readily access¡Ote to ClTy.
(c) During the life of this Agreement and for a period of five (5) years afterreceipt of the final payment under this Agreement or the earlier teiminatíon of tnìs'Ágre"rint,whichever occurs later, RECIPIENT shall, at any time during normal business hours and asoften as CITY and/or HUD or the authorized
necessary, make available to them or any
statements, records, reports, data and inform
covered by this Agreement and permit them or
invoices, materials, payrolls, records of personnel
relating to all matters covered by this Agreement. RECIPIENT shall also permit and cooperatewith on-site monitoring and personal. interviews of participants, ngilpterulS stafi, andemployees by Administrator and other clry and/or HUD'representatives.
- (d) The RECIPIENT is required to participate in the Fresno MaderaContinuum of Care ("FMCoC"). Participation is defined as attendance at a minimum of 75o/o ofall FMCoC Director'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 Oy!h" Housing Authorities_ 9f_ the City and County of Fresno tnrough-ã Memorandum ofUnderstanding with the FMCoC or a data base that complies with añy speciat requirementswhich may be developed by HUD for legal services oi domestic violence victim serviceRECIPIENTS as pre-approved by the clTY. Reporting in a databar" .orprrãble to HMIS is a
abase will be maintained by the RECIPIENT
outcomes as required by HUD. RECIPIENT
ular updates and exit all clients once servicesmust enter the following information in thecomparable database for federal reporting purposes:
1)Name
2) Social Security Number
3) Date of Birth
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
8) Disabling Condition
9) Residence Prior to program Entry10) Zip Code of Last permanent Address
1 1) Housing Status
12) Program Entry Date
13) Program Exit Date
14) PersonalldentificationNumber
15) HouseholdldentificationNumber
16) lncome and Sources
17) Non-Case Benefits
18) Destination (where client will stay upon exit)19) Financial Services provide (if any)20) Housing Relocation & Stabilization Services Provided (if any)
(f) CITY shall provide full reporting requirements as required by HUD, underseparate documentation for RECIPIENT. lf RECIPIENT is a legal services or domestic violence
victim services RECIPIENT, and vel information to remain confidential, they wllbe required to establish a comp I database internal to its organization te.é. nòidentifying data shared with the Y and will provide only agg-regate data tı tne
CITY_ as reluired). RECIPIENT the HMIS administering agãñcy, as an agent ofthe FMCoC, to determine that the alternative database meets the sianãardé for comiarabtá
client-level databases, including compliance witl 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 theCity of Fresno, or designee, to include in the Point in Time survéy as administered by the
Fresno-Madera Continuum 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.
(a) An executed copy of every such subcontract approved by theAdminístrator shall be provided to CITY prior to implementation for retention in'ClTy's files.
(b) RECIPIENT is responsible to CITY for the proper performance of anysubcontract. No such subcontract shall relieve RECIPIENT ol its obiigations under thié
Agreement.
(c) Any subcontract shall be subject to all the terms and conditions of this
Agreement.
(d) No otficer or director of RECIPIENT shall have any direct or indirect
financial interest in any subcontract made by REGIPIENT 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 request of CITY, RECIpIENT
shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due
diligent inquiry, RECIPIENT and the respective subcontractor(s) are in full compliance with all
laws and regulations. RECIPIENT shall take, and require its subcontractors to take, reasonable
steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise
to the appearance of a conflict of interest, RECIPIENT shall immediately notify ClTy 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 rights/benefits hereunder.
ARTICLE 2
FEDERAL REQUIREMENTS
16. RECIPIENT warrants, covenants and agrees, for itself and its contractors and
subcontractors of all tiers, that it shall comply with all applicable requirements of the Lead-
Based Paint Poisoning Prevention Act of 42 U.S.C. 4821 et seq., 24 CFR Part 35 and 24 CFR
982.4010). 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
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surfaces must be satisfied: (1) Treatment of defective paint surfaces must be performed beforefinal inspection and approval of the renovation, rehabilitation or conversion activity under thispart; and (2) Appropriate action must be taken to protect shelter occupants from ihe hazardsassociated with lead-based paint abatement procedures.
- (b) The RECIPIENT agrees to comply with all applicable requirements ofSection 504 of the Rehabilitation Act of 1973 (zg'Ú.S.c. 794)' as ãmenoeo and HUDimplementing regulation24 CFR part g.
(c) RECIPIENT agrees to comply with the federal requirements set forth in24 CFR Part 5, except as explicifly modified beiow, and us elter grantamounts must comply with the following requirements: (a) and ãquatopportunity. The nondiscrimination and equal opportunity requi part 5 aremodified as follows:
(i) Rehabilitation Act requirements. HUD,s regulations at 24 cFRPart 8 implement section 504 of the Rehabilitation Act of 1973 (2g U.S.ı. 794) as amended.For purposes of the emergency shelter grants program, the term àwelling unÍs in 24 cFR part g
shall include sleeping accommodations.
(i¡) RECIPIENT shail make known that use of the facilities andServices are available to all on a nondiscriminatory basis. lf the procedures that theRECIPIENT intends to use to make known the availa-bility of the facilities and Services areunlikely to reach persons of any particular race, color, religiän, sex, age, national origin, familialstatus, or disability who may qualify for such facilities ãnd Servicãs,' the REC|Pì'EÑT mustestablish additional procedures that will ensure that such persons are made aware of thefacilities and Services. The RECIPIENT must also adopt procedures which will make availableto interested persons information concerning the location of Services and facilities that areaccessible to persons with disabilities.
(i¡i)
policies, guidelines, and requ tA-102) and OMB Circular No sCITY, and Nos. A-110 and d
shelter grant amounts by private nonprofit organ
(d) The RECIPIENT will be responsible for all aspects project contract awardand management including the advertising for bids and shall award tne tontract to the lowestresponsible and responsible bidder. The RECIPIENT shall verify with the Labor Relations andEqual Opportunity Division of the HUD Area Office that the low bidder has not been debarred orsuspended from participating in federal projects.
(e) RECIPIENT warrants, covenants and agrees that it shall perform theServices in a manner that does not engage in inherently religiıus activities and that does notengage in any prohibited activities described in 24 cFR 576.23. without timitation, REctplENTshall not unlawfully discriminate on the basi
instruction or counseling, conduct religious
proselytizing, or exert other religious influence
RECIPIENT does not intend to utilize ESG fundi
owned primarily by- religious organizations or to assist primarily religious organizations inacquiring or leasing facitities to the extent prohibited in 24 cFR 576:n.
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(f) RECIPIENT shall perform the Services in compliance with, and not tocause or permit the Services to be in y.oL{glof, any existing or future environmental law, rule,ce, or statute. RECIPIENT agrees that, if clry has reasonable grounds toviolation, RECIPtENT shall be entifled to thirty (30) days, ñotice andsuch violation. lf the suspected violation is not cured, ClTy shall have theindependent consultant to inspect and test the subject facilities for suchviolation. lf a violation is discovered, RECIPIENT shall pay for the .oit of the indepenOéntconsultant.
(g) The OMB Circulars referenced in this Agreement are available at theEntitlement Cities Division, Room 7282, Department of Housing and Urban Development, +SiSeventh Street, SW., Washington, DC 20410.
17. Relocation.
(a) RECIPIENT shall assure that it has taken all reasonable steps tominimize the displacement of persons (families, individuals, businesses, nonprofit organizaiions,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 levelsdescribed in, and in accordance with, 49 CFR Pa¡t 24, which contains the government-wideregulations implementing the Uniform Relocation Assistance and Real proþerty AcquisitionPolicies Act of 1970 (URA) (42 U.S.C. 4601-46 tS).
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 máy be limited by (a) bankruptcy,insolvency, fraudulent conveyance, reorganization, moratorium, or other similår iaws of g"à"rái
applicability affecting the enforcement. of creditors' rights generally and (b) the applicãtion ofgeneral principles of equity without the joiner of any otner party
(b) RECIPIENT represents and warrants as of the date hereof thatRECIPIENT has obtained and, to the best of RECIPIENT's knowledge, is in compliance with allfederal, state, and local governmental reviews, consents, authırizations, approvals, andlicenses presently required by law to be obtained by RECIPIENT for the services as of the datehereof.
(c) ln the performance of this Agreement, RECIPIENT shall prompgy andfaithfully comply with, conform to and obey the ACT and all amendments thereto, and shaltmaintain all facilities hereunder in compliance with building, health and safety codes.
(d) RECIPIENT shall be solely responsible and liable for any recapture orrepayment obligation imposed by HUD due to any act or omission of REClptÉruf ¡n pursuit
hereof.
(e) RECIPIENT acknowledges that RECIPIENT, not the ClTy, is responsiblefor determining applicability of and compliance with the ACT and ali other applicable locå|, state,and federal laws including, but not limited to, any applicable provisions of in" California Laboi
12
Code, Public Contract Code, and Government Code. The CITY makes no express or impliedrepresentation as to the applicability or inapplicability of any such laws to this Agreement 'or tothe Parties' respective rights or obligations hereunder including, but not limited io, competitivebidding, prevailing wage subcontractor listing, or similar or diffeËnt matters. REclplENT furtheracknowledges that the CITY shall not be liable or responsible at law or in equity for any failureby RECIPIENT to comply with any such laws, regardless of whether the City knew or shouldhave known of the need for such compliance, or wñether the CITY failed to notlty nfClplENT oithe need for such compliance.
(f,) ply with the CITY's Fair Employment Practicesand shall not em the provision of the Services, employment ofpersonnel, or in s of race, color, creed, religion, iei, sexualpreference, natio age, marital status, staius a-s a veteran withdisabilities or vet ^ licãl condition, or physical or mental disability.During the performance of this Agreement, RECIpIENT agrees as follôws:
(i) RECIPIENT wiil
applicable. No person in the United St
religion, sex, sexual preference, nationa
status as a disabled veteran or veter
physical or mental disability be excluded
or be subject to discrimination under any program or activity made possible by orresulting from this Agreement.
(i¡) REcIPIENT wiil not discriminate against any employee orapplicant for employment because of race, color, creed, religiın, sex, sexual prefärence,
national origin, ancestry, ethnicity, age, marital status, and étatus as a disabied veteranor veteran of the Vietnam era, medical condition, or physical or mental disability.RECIPIENT shall take affirmative action to ensure that apflicãnts are employed, and theemployees are treated during employmer
religion, sex, sexuel preference, nationa
status as a disabled veteran or veter
physical or mental disability. Such a
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; andselection for training, including apprenticeship. RECIPIENT agrees to post inconspicuous places, available to employees and applicants for erñployment, noticessetting forth the provision of this nondiscrimination clause.
(¡i¡) RECIPIENT will, in alr soricitations or advertisements for
IENT, state that all qualified applicants will
t regard to race, color, creed, religion, sex,
ethnicity, age, marital status, status as a
era, medical condition, or physical or mentaldisability.
(iv) RECIPIENT will send to each labor union or representative ofworkers with which it has a collective bargaining agreement or other contract or
und_er_standing, a notice advising such labor unión ór workers' representatives ofRECIPIENT's commitment under this Section and shall post copies of the notice inconspicuous places available to employees and applicants ior employment.
13
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 determiËd'ótthe Administrator that there is a need to makã any ðhange in the erojiam, services to be
nature or scope of services specified in this
his/her sole discretion; and (iii) changes to theinsurance requirements specified in Exhibit D approved by ClTy's nis[ n¡anager in his or hersole discretion.
20. Publiç lnformation. RECIPIENT shall disclose all of its funding sources to ClTywhich, thereafter, will be public information.
21. Copvrishts/patents.
(a) lf this Agreement results in a book or other copyrightable material, theauthor may seek a_ny available copyright protection for the work unless a-wort< for hire. ClTyreserves a royalty-free, nonexclusive, irrevocable and assignable license to reproduce, publis¡,or otherwise use, and to authorize others to use, all copyrighted material anO 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 bã reported to ClTy for determin"iion nvCITY as to whether patent protection on such inveniion or discovery, including rights theretounder any patent issued thereon (reserved henceforth onto ctryÍ,' snáii oã irñposeo anãadministered, in order to protect the public interest.
22' None of the funds, materials, property or servicesprovided d ¡eement shall be used for any politicatãctivity, oiiãfurther the easure or candidate for public ohiä.
23' Lobbvinq Prohibited. None of the funds provided under this Agreement shall beused for publicity, lobbying or propaganda purposes designeo to sufpòrt oi'o"t".t tegislatiãñpending before any legislative body.
ights, interests, duties and obligations defined
ic parties hereto as identified in the preamble of
or interests in this Agreement benefit or flow to
?5 Nondisc.r:imination. To the extent required by controlling federal, state and locallaw, RECIPIENT shall not employ discriminatory practices in tne- prwislon or ,"riðÀ.,employment of personnel, or in any other respect ôn'the basis of *.",ÏJigìous creed, color,
14
tal disability, medicaf condition, marital status,a disabled veteran or veteran of the Vietnàmperformance of this Agreement, RECIPIENT
program or activity made possible by or resulti
(b) RECtptENT wiil not dis
employment because of race, religious creed,
mental disability, medical condition, marital st
as a disabled veteran or veteran of the Vietn
(d) RECtptENT wiil send to
26. lndependent Contractor.
(b) This Agreement does not evidence a partnership or joint venture betweenRECIPIENT and clrY' RECIPIENT shall have no authority to bind ctry absent clry,s
15
express written consent. Except to the extent otherwise provided in this Agreement,
RECIPIENT shall bear its own costs and expenses in pursuit thereof.
(c) Because of its status as an independent contractor, RECIPIENT and its
officers, agents and employees shall have absolutely no right to employment rights and benefits
available to CITY employees. RECIPIENT shall be solely liable and responsible for providing
to, or on behalf of, its employees all legally required employee benefits. ln addition, RECIPIENT
shall be solely responsible and save CITY harmless from all matters relating to payment of
RECIPIENT'S employees, including, without limitation, compliance with Social Security
withholding, and all other regulations governing such matters. lt is acknowledged that during
the term of this Agreement, RECIPIENT may be providing services to others unrelated to ClTy
or to this Agreement.
27. Notices. Any notice required or intended to be given to either party under the
terms of this Agreement shall be in writing and shall be deemed to be duly given if delivered
personally, transmitted by facsimile followed by telephone confirmation of receipt, or sent by
United States registered or certified mail, with postage prepaid, return receipt requested,
addressed to the party to which notice is to be given at the party's address set forth on the
signature page of this Agreement or at such other address as the parties may from time to time
designate by written notice. Notices served by United States mail in the manner above
described shall be deemed sufficiently served or given at the time of the mailing thereof.
28. Binding. Once this Agreement is signed by all parties, it shall be binding upon,
and shall inure to the benefit of, all Parties, and each Parties' respective heirs, successors,
assigns, transferees, agents, servants, em ployees and representatives.
29. Assiqnment.
(a) This Agreement is personal to RECIPIENT and there shall be no
assignment by RECIPIENT of its rights or obligations under this Agreement without the prior
written approval of the Administrator. Any attempted assignment by RECIPIENT, its
successors or assigns, shall be null and void unless approved in writing by the Administrator.
(b) RECIPIENT hereby agrees not to assign the payment of any monies due
RECIPIENT from CITY under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). CITY retains the right to pay any and all monies due RECIPIENT
directly to RECIPIENT.
30. Compliance with Law. ln providing the services required under this Agreement,
RECIPIENT shall at all times comply with all applicable laws of the United States, the State of
California and CITY, and with all applicable regulations promulgated by federal, state, regional
or local administrative and regulatory agencies, now in force and as they may be enacted,
issued, or amended during the life of this Agreement.
31. Waiver. The waiver by either Party of a breach by the other of any provision of
this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of
either the same or a different provision of this Agreement. No provisions of this Agreement may
be waived unless in writing and signed by all Parties to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision herein.
16
32. Governinq 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. Severabllitv. 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 final form is
the result of the combined efforts of the parties and that, should any provision of this Agreement
be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of or against any Party, but rather by construing the terms in accordance
with their generally accepted meaning.
36. 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.
Fufthermore, any terms or conditions contained within any Exhibit or Attachment hereto which
purport to modify the alfocation 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.
17
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
Fresno Economic Opportunities Commission,
By:
Bruce Rudd
City Manager
Date:
ATTEST:
WONNE SPENCE, CMC
City Clerk
Deputy lA'¡w 1,,¡l n tïat+- Wt^
Date:
Executive Director
(lf corporation or LLC, Board Chair, Pres. or
Vice Pres.)
Date: Z- t 6 -/ I
By:
(lf corporation or LLC, CFO, Treasurer, Secretary
or Assistant Secretary)
Deputy City Attorney
Date:
Addresses:
CITY:
City of Fresno
Attention: Bruce Rudd, City Manager
2600 Fresno Street Room 3076
Fresno, CA 93721
Phone: (559) 621-8300
FAX: (559) 488-1078
Attachments:
Date:
RECIPIENT:
Fresno Economic Opportunities Commissfron
Attention: Brian Angus
Address: 1920 Mariposa Mall, Suite 330
Phone: 559-498-8543
FAX: 559-498-0916
1.
2.
3.
5.
4.
Exhibit 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
18
EXHIBIT A
SCOPE OF SERVICES
Consultant Service Agreement,,Between" City of Fresno
and Fresno Economic Opportunities Gommission
Emergencv Solutions Grant
PROJECT TITLE
Program Funding Application
Executive Summary (1 page)
Section I Section Headinq Attachment Documents
*
Acknowledge review of
insurance requirements
. 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 Applicant(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)
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EXHIBIT B
BUDGET SUMMARY
Consultant Service Agreement ,,Between', City of Fresno
and Fresno Economic Opportunities Commission
Emergencv Solutions Grant
PROJECT TITLE
ESG Activity
TOTAL
BUDGET for
th is
program
CITY ESG
fu nds
proposed
CITY ESG
fu nds
previously
awarded
for this
program
COUNTY ESG
funds
(awa rd e d,
requested, or
expected) for
this program
Matching
funds for
this program
Source(s) of
matching
funds for
this program
STREET OUTREACH/
EMERGENCY SHELTER
Street Outreach
EmergencV Shelter
TOIAL street
outreach/emerge ncy
shelter
HOMELESS
PREVENTION
Homeless prevention
Housing Relocation &
Stabi I izati on
Homeless prevention
Prevention-Tenant
Based Rental
Assistance
TOTAL homeless
preve ntion
RAPID RE-HOUSING
Rapid re-housing -
Housing Relocation &
Stabilization
Rapid Re-housing -
P reve nti on-Te n ant
Based Rental
Assístance
TOTAL rapid re-
housi ng
Administration costs
up to 2.5yo of ESG
funds requested for
program activities
TOTAT ALL ESG
Activ¡ties in this
BUDGET
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Exhibit C
Housing Services
Month 1: Eligibility screenings, intake, and needs assessment begins -Process will be ongoing
throughout program as new HHs are phased in. Exoenditure: Case Management, $1,571.80/month
x 3 months =$4,7L5.4O;
Month 2: Phase 1 Placement of 1 HHs to receive short-term rentaFassistance for 3 months.
Exoenditure: Security deposit, tO}% and LOO% housing su istance to Phase 1 HHs. One (1)
one-bedroom apartment units at $682, sec. dep. At $682., anagement, $1,571.80.
Month 3: Phase 2 Placement of l- HHs to receive for 3 months.
Expenditure: 90% housing subsidy assistance to . Security deposit,
LOOo/o, and 100% housingsubsidy assistance to PhaéêZ place HHs. One (1) one-
bedroom apartment units at $682 and sec. de 2. S!,57t.80 for case management
services.
Month 5: Complete w 1 HHs.
Expenditure: 80% h P ing subsidy assistance to
Phase 3 HHs. Case
Month 6: Complete rel4gjfling 30:dg.-:jollow-u se 3'aneF:.,=qxit of 2 HHs.
Expenditure: 80% houslnesubsidy assiistance HHs. Caíe management, $1,571.80.
assistance for 3 months.
nI of 2 HHs. Security deposit,
(2) one bedroom apartment unit
Month 9: Ph ment of 1-,þlHS to receive short-term rental assistance for 3 months.
Expenditure housing $rbs¡dy assistance to Phase 4 HHs. Complete remaining 30-day
å""3 ff ::ïffi :iît :;::iiff i:"i äJ 3;:i i"J;.:'
ep. at $682. Case management, $1,571.80.
Month l-O: lssue 80% housingsubs¡dy assistance to Phase 5 HHs. Complete remaining 30dayfollow
ups with Phase 5 and exit 2 HHs. lssue 90% housing subsidy assistance to Phase 6 HHs. Case
management, $ 1,571.80.
Month 11: lssue 80% housing subsidy assistance to Phase 6 HHs. Complete remaining 304ay
follow ups with Phase 6 and exit of 1 HHs. Case management, $1,571.80.
Month 1: Eligibility screenings, intake, and needs assessment begins -Process will be ongoing
throughout program, as new HHs are phased in. Exoenditure: Case management, $1,074lmonth.
Month 2: Phase 1 placement of 1 new : lssue one-time payment of rent in arrears
(2 mos.) assistance for one-bedroom unit at $682. Complete remaining 30-day aftercare follow-ups
and exit of 1 HHs. Case management, $1,074/month.
tylintake of l new HH. Exoenditure: Case $1,074lmonth.
Month 4: Phase 2 placement of 1 new HH.: lssue one-time payment of rent in arrears (2
mos.) assistance for one-bedroom unit at $682.Complete remaining 30-day aftercare follow-up, exit
of 1 HH. Case mana $1,074lmonth.
: Eligibility/intake of l new HH. Exoenditure: Case management, $1,074lmonth.
new HH. Exoenditure: lssue one-time payment of rent in arrears
mos.) assistance for one-bedroom unit at $682. Complete 30-day aftercare follow-ups
with Phase 1 and exit of 1 HH. Case
Month 7: Eligibility/intake of l new ent, $1-,O74/ month.
placement of 1 new HHs.payment of rent in arrears
(2 mos.) assistance for one-bedroom unit at $682,.,30-day aftercare follow-ups
with Phase 4 and exit of 2 HHs. Case
Month 9: Eligibility/intake ma n a gem e nl, W,97 4 / month.
rent in arrears
new HH. Exoenditure: lssue one-
unit at $682. Complete
HH. Case management,
Cel pnú€.:stipend at $i ,C¡se m a n áãeÍiyre nt, $ 1,800/m onth.
EXHIBIT D
consurtant service Agreement',Between,' city of FresnoAnd Fresno Economic Opportunities Commission
Emerqencv Solutions Grant
PROJECT TITLE
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
The most current version of rnsurance services office (rso) commerciarGeneral Liability Coverage Form C
arising out of your business operati
policy shall be written on an occurr
for "bodily injury," "property damage',
with coverage for premises and opr
and non-owned equipment), products and compreted operations, andcontractual liability (including, without limitation, indemnity obligationsunder the Agreement) with limits of liability not less than those sét rorttrunder "Minimum Limits of lnsurance."
The most current version of lso *commercial Auto coverage Form cA00 01, providing liability coverage arising out of the ownership,maintenance or use of automobiles in thJ course of your businessoperations' The Automobile Policy shall be written on an occurrence formand shall provide coverage for all owned, hired, and non-ownedautomobiles or other licensed vehicles (code 1- Any Auto). lf personalautomobile coverage is used, the clry, its officers,
-oir¡.i"ls,
em'ployees,agents and volunteers are to be listeJ as additional insureds.
workers' compensation insurance as required by the state of californiaand Employer's Liability lnsurance.
Professional Liability (Errors and omissions) insurance appropriate tocoNSULTANT's profession. Architects and engineer,s coverage is to beendorsed to include contractual liability.
3.
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 toCITY, its officers, officials, employees, agents and volunteers as additional insureds, shallbe the greater of the minimum limits sþecified herein or the full limit ;i;ry insuranceproceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodiry injury and property
damage;
1of4
(ii) $1,000,000 per occurrence for personal and advertising
rnJury,
(iii) 92,000,000 aggregate for products and completed
operations; and,(iv) 92,000,000 generar aggregate apprying 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 liabitity
not less than:
(i) $100,000 per person;(ii) $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 wit
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodity injury;(¡i) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy timit.
5. PROFESSIONAL L|ABtLtTy (Errors and Omissions):
(¡) $1,000,000 per claim/occurrence; 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 lnsurance," this insurance policy(ies) shall "follow form" andafford 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 AND SELF.INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any
insurance policy(ies) required herein and CONSULTANT shall also be responsible forpayment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared on the Certiflcate of lnsurance, and approved by, the ClTy'S Risk Manageror his/her designee. At the option of the CITY'S Risk Manager or his/her designée,
either:
2of4
(i) The insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects CITY, its officers,
officials, employees, agents and volunteers; or(ii) CONSULTANT shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations,
claÍm 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 10 11 85 or both CG 20 10 10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providíng additional insured status as broad as that
contained in ISO Form CG 201011 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 lSo Form cG2001 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO
Form CG 20 01 04 13.
The Workers' Compensation insurance 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.
3 of 4
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 (s)
year discovery period.
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 Agreement or the commencement of work by CONSULTANT,
CONSULTANT must purchase "extended reporling" coverage for a
minimum of five (5) years after completion of the Agreement work or
termination of the Agreement, whichever occurs first.
A copy of the claims reporting requirements must be submitted to clry
for review.
5. These requirements shall survive expiration or termination of the
Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. CONSULTANT 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 cerlificate 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 (1S) calendar
days prior to the expiration date of the expiring policy.
VERIFICATION OF COVERAGE
CONSULTANT shall furnish CITY with all cerlificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY'S Risk Manager or his/her designee prior
to CITY'S execution of the Agreement and before work commences. All non-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.
2
3
4of4
EXHIBIT E
DISCLOSURE OF CONFLICT OF INTEREST
Emerqency Solutions Grant
PROJECTTITLE
YES*NO
1 Are you currently in litigation with the City of Fresno or any of its
agents?n E
2 Do you represent any firm, organization or person who is in
litigation with the City of Fresno?n E]
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?n tr
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?
m !
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 E
6 Do you or any of your subcontractors have, or expect to have, any
interest, direct or indirect, in any other contract in connection with
this Project?
n m
. lf the answer to any question is yes, please explain in full below.
Exolanation: 1. Fresno EoC LCC
contracts with City's RDA for property maintenance;
2. Fresno EOC Health Clinic with City's Tattoo
Removal grant;
3. Sanctuary Rapid ReHousing with
City's ESG grant
tr Additional page(s) attached
Date
Fresno Economic Opportunities
Commission
1920 E. Mariposa Mall, Suite 300
Fresno, CA 93721
lofl
CATIFORI{IA ALL.PURPOSE ACKI{OWLEDGMENT crvrl coDE s 1189
A notary public or other officer completing this cerlificate 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 California
County of
On
Fresr-to
2-lte-l"lo before me,
Date
personally appeared
Name(s)Signe(s)
who proved to me on the basis of satisfactory evidence to be the personþ) whose nameþ) is/are-
subscribed to the within instrument and acknowledged to me that he/she/tlrey executed the same in
hislhedtheir authorized capacity(iesi, and that by hislher/their signatureþ) on the instrument the person(e),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALW OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and officialseal.
Comm.Signature
Place Notary Seal Above
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:Document Date:
Number of Pages: Signe(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:Signer's Name:
tr Corporate Officer - Title(s):I Corporate Officer - Title(s):
DE88|E cR m,t
Cqmb!þn#2ü30tE
llohry PUDIc - C¡iltomta
Frosno Cot¡nty
! Padner - n Limited n General
n lndividual n Attorney in Fact
E Trustee
tr Other:
n Guardian or Conservator
I Paftner - n Limited n General
tr lndividual tr Attorney in Fact
E Trustee
tr Other:
I Guardian or Conservator
Signer ls Representing:Signer ls Representing:
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