HomeMy WebLinkAboutMarjaree Mason Center - ESG - Homeless Assistance -2016Il '; {j
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AGREEMENT
Emergency Solutions Grant
THIS AGREEMENT is made and entered into the 1't day of Februarv 2O'16 by and
between the CITY OF FRESNO, a California municipal corporation 1CnV1, anO Mar.¡areeMason Center, a California 501(c)(3) not-for-profit Corporation ("RECIplEÑT"). ClTy andRECIPIENT 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 othen¡rise become homeless,
assistance to rapidly re-house persons who are homeless and related grant administration (u[
to 2.5% of award). The contract award is contingent upon the following ðonditíons:
. The Recipient is a member of the Fresno- Madera continuum of care.. The Recipient shall participate in City quarterly ESG performance meetings.. The Recipient shall select clients through the Coordinated Entry System.
' The Recipient must [have a signed "Letter of Commitment" for matching funds and a
ledger at the time of the execution of the 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 1
DEFINITIONS. Wherever used in this Agreement or any of the contract documents, thefollowing words shall have the meaning herein given, unless the context requires a different
meantng.
"ACT" - 24 CFR Part 576 et seq. as revised by the Emergency Solutions Grant and
Consolidated Plan Conforming Amendments lnterim Rule , published in the Federal Register on
December 5,2011 (76 Fed. Reg. 75954).
"Administrator" and "Contract Administrator" shall mean the Manager of the Housing and
Community Development Division of the Development and Resource Management Departhent
of City or his or her designee.
"Bid Proposal" and "Proposal" shall mean RECIPIENT's response to the NOFA including
but not limited to the Budget, Scope of Work, cerlifications 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 its
exhibits and the NOFA and Bid Proposalwith all attachments and addenda thereto.
"ESG' shall mean Emergency solutions Grant as set forth in the ACr.
"General Conditions" or "General Requirements" shall mean the General Requirements
contained in the NOFA.
"Program" shall mean services designed to identify sheltered and unsheltered homeless
persons, as well as those at risk of homelessness, and provide necessary help to those persons
quickly regain stability in permanent housing after experiencing a housing crisis and/or
homelessness within the parameters and requirements of the ACT and the ESG policies and
Procedures.
"Program income" for the specific purpose of this Agreement shall be as defined in the
ACT. Unless othenruise provided for in the ACT, program income shall include any and all gross
income earned by or accruing to RECIPIENT in its pursuit hereof provided that the term
program income does not include rebates, credits, discounts or refunds realized by RECIpIENT
in its pursuit hereof.
"NOFA" shall mean the Request for Proposal Number 11152015 forthe City of Fresno
Emergency Solutions Grant dated October 15, 2015 including without limitation ihe general
requirements, bidding requirements, all its attachments, appendices and addenda.
"Scope of Services or Services" shall mean those services submitted with REC|plENT,s
bid proposal to be offered in fulfillment of the Program and included in Exhibit A.
1. Contract Administration. This Agreement including all the Contract Documents
shall be administered according to the order of precedence set forth herein for ClTy by
Administrator who shall be RECIPIENT's point of contact and to whom RECIPIENT shall report.
2. Scope of Services. RECIPIENT shall provide the Program in conformance with
the Contract Documents and perform to the satisfaction of CITY those services set forth in
Exhibit A and services necessarily related or incidental thereto even though not expressly set
forth therein.
3. Effective Date and Term of Aqreement. lt is the intent of the Parties that this
Agreement be effective as of the date first set forth above as to all terms and conditions of the
Agreement. Services of RECIPIENT shall commence as of March 1't 2016 and shall end
December 31't, 2016, which shall be the term of this Agreement, unless terminated earlier as
provided herein.
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4. Compensation and Method of Pavment. CITY shall pay REC|pIENT theaggregate sum of not to exceed One Hundred and Ninety Four ThousanO and Seven Hundredand Fifty Dollars and Zero Cents ($194,750.00) for satisfactory performance of the servicesrendered therefore and as set forth in Exhibit A attached hereto and incorporated herein.compensation is based on actual expenditures incurred by RECIPIENT in accordance with theBudget set forth in Exhibit B, lt is understood that all expenses incidental to REClplENT,sperformance of services under this Agreement shall be borne by the RECIpIENT. lf RECIpIENTshould fail to comply with any provisions of this Agreement, ClTy shall be relieved of itsobligation for furlher compensation.
(a) Payments shall be made by the CITY to RECIP|ENT in arrears, forservices provided during the preceding month. Such payment by City shall be made in thenormal course of business, generally within fort
of a correctly completed invoice in accordance
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 notice.
(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 ir), "nO
any amountsadvanced are authorized and appropriated for that fiscal year of the ClTy ïovering itre period
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 termination otin¡sAgreement. Any interest thereon must be credited to or returned to ClTy. Upon any dissolutionof RECIPIENT, all funds advanced pursuant to this Agreement and not expended 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 éO Oáys after the date of ierminationof this Agreement or the date of expiration of this Agreement, whichever occurs first.
(e) RECIPIENT understands and agrees that the availability of ESG Fundinghereunder is subject to the control of HUD and shôuld the ESG Funding be encumbered]withdrawn, or othenruise 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 ClTyby HUD and CITY receives and appropriates said Funds. No other funds owned or controlledby CITY shall be obligated under this Agreement to the project(s). Should sufficient funds notbe appropriated, the Services provided may be modified, oitfiis Agreement terminated, at anytime by the CITY as provided in section 9 below.
(f) RECIPIENT shall use the funds provided by CITY solely for the purpose
of providing the services required under subsection 2 (a) of this Agreement.
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5. Matchinq Funds Requirements of RECIPIENT: RECIPIENT agrees to match allESG funding disbursed to it by CITY on a dollar for dollar basis. Donated fulrds, material andlabor may be used as matching funds. Time contributed by volunteers shall be calculatedpursuant to 42 CFR section 576.01 (e)(2) and any subsequent amendments. RECtpIENT shall
determine the value of donated material or building space using a method based on fair marketvalue. Other federal funds may be used as matching funds unless expressly prohibited by lawor contract. Unless othen¡vise provided by applicable law or contract, matcñing funds sfrált Oeapplied in furtherance of the Scope of Work here To qualifv matchinq funãs as such thev
r.
6. Loss of Third Padv Fundinq: ln the event any funding provided by a parly otherthan CITY for the Program or services being performed by RECIPIENT is suspended, réducedor withdrawn, then Administrator may suspend this Agreement immediately upon its receipt ofnotice thereof, or terminate this Agreement as provided in Section 9 below. RECIpIENT shall
notify clrY in writing within 7 days if any of the following 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 Director
members.
(c) Resignation or termination of any of RECIPIENT'S staff, including thosestaff not funded by this Agreement but essential to the delivery of the services listed in Exhibit
A.
(d) The Administrator may, in his or her sole discretion, stay such suspension
of the Agreement for a period not to exceed 30 days to allow RECIPIENT to either (i) submit anew service or funding plan for evaluation by Administrator who may accept or reject in his orher sole discretion, or (ii) complete an orderly phase out of seruices. it tf'" Administrator
accepts such new service or funding plan, then such plan will be subject to the requirements inSection 14 below.
7 ' Disposition of Proqram lncome. Absent the CITY's written consent, anyprogram income generated hereunder shall be used to reduce the ClTy's reimbursemeni
obligations hereunder, or in the absence thereof promptly remitted entirely to the ClTy.
8. Events of Default. When in the opinion of CITY, there is an occurrence of anyone or more of the following provisions it will represent an Event of Defautt for purposes of thióAgreement.
(a)
(b)
An illegal or improper use of funds.
A failure to comply with any term, covenant or condition of this
Report(s) are submitted to clrY which are incorrect or incomplete in any
Agreement.
(c)
material respect.
(d) The services required hereunder are incapable of or are improperly beingperformed by recipient.
(e) Refusal of RECIPIENT to accept change under Section 16
(Ð RECTpTENT fairs to maintain any required insurance.
(g) There is a loss of third party funding (see Section 6 above).
(h) RECtptENT fites, or h
insolvency, or similar law, state or federal, of f
to, or acquiescing in any reorganization, arra
dissolution, or similar relief, where such petiti
days; or if adjudicated bankrupt or insolvent,
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 of 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 thisSection.
9. Terminatio:¡-and Remedies. Upon the occurrence of an Event of Default, ClTyshall give written notice RECIPIENT of the Event of Default by specifying ft¡ 1..'" nature of theevent or deficiency giving rise to the default, (2) the action required to'cuie'tÁe 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) calendàr'oays from tne date of thenotice, by which such deficiency must be cured, proviOeO, however that if such failure cannot beremedied in such time, RECIPIENT shall have an additional thirly (SO) Oáys to remedy suchfailure so long as RECIPIENT is diligently and in good faith pursuing such remedy.
- (a) This Agreement shall terminate without any liabitity of ClTy toRECIPIENT upon the earlier of: (i) the happening of an Event of Defaúlt by RECIpIENT and afailure to cure said Event of Default within the tin-
7 calendar days prior written notice without c
appropriation of funds sufficient to meet its obl
this Agreement, or insufficient funding for
expiration of this Agreement.
(b) lmmediately upon any
RECIPIENT shall (i) immediately stop alt work
its subcontractors to cease work; and (iii) retur
properties and materials in the possession of R
the terms of this Agreement, RECIpIENT shall
performed prior to the effective date of terminati
or services performed or costs incurred which re
(c) upon any breach . of this Agreement by RECIPIENT, clTy may(i) exercise any right, remedy (in contract, law or equit!), or privilege which may be available toit under applicable laws of the State of California o, ^ny other afplicable law; (ii) proceed by
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appropr¡ate courl action to enforce the terms of the Agreement; and/or (iii) recover all direct,indirect, consequential, economic and incidental damagés for the breach oi ít.'. Agreement. lf iiis determined that CITY improperly terminated this Agréement for default, such termination shallbe deemed a termination for convenience.
(d) ln no event shall any payment by CITY pursuant to this Agreementconstitute a waiver br7 CITY of any breach of this Agreement or any default which may i'hen existon the part of RECIPIENT, nor shall such payment impair or pre.¡údice any remedy åvailable toCITY with respect to the breach or default.
to ì:'tËåiåiËì,iili'S,1i,,'ii,äi:üiî,'ï:,Ìï:î,ffåå'#¡:lCl ccordance with the terms oi tfi¡s Agreement, and RECIpIENTag uch funds within 10 days of crry's written demand.
10. lndemnification. To the furthest extent allowed by law, RECIpIENT shall
each of its officers, officials, employees, agents
fines, penalties, forfeitures, costs and damãges
ding but not limited to personal injury, deatñ at
and all claims, demands and actions in law or
rd litigation expenses) that arise out of, pertain to,or relate to the negligence, recklessness or willfui misconduct of RECIPIENT, its principals,officers, employees, agents or volunteers in the performance of this Agreement.
lf RECIPIENT should subcontract all or any porlion of the services to be performedunder this Agreement, RECIPIENT shall require each subcontractor to indemnify, hold harmlessand defend clTY 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 iñ his or her solediscretion.
(b) lf at any time during the life of the Agreement or any extension,R-ECIPIENT or any of its subcontractors fail to maintain any requiied insurance in full force andeffect, all under this Agreement shall be discontinued immediately, and allpayments e due to RECIPIENT shall be withheld until notice is reáeiveO OyCITY that rance has been restored to full force and effect and that thepremiums n paid for a period satisfactory to CITY. Any failure to maintain therequired insurance shall be sufficient cause for CITY to tôrminate this Âgreement. No actiontaken by CITY pursuant to this section shall in any way litiesunder this Agreement. The phrase "fail to maintain ude,without limitation, notification received by ClTy that an s, orhas had proceedings commenced against it, indicating t
(c) The fact that insurance is obtained by RECIPIENT shall not be deemed torelease or diminish the liability of RECIPIENT, including, without limitation, liability under theindemnity provisions of this Agreement. The duty to indemnify CITY shall apply to all claims and
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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 underthe supervision
of RECIPIENT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or
anyone employed directly or indirectly by any of them.
(d) Upon request of CITY, RECIPIENT shall immediately furnish CITY with a
complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy cerlified by the unden¡vriter to be a true and correct copy of the
original policy. This requirement shall survive expiration or termination of this Agreement.
(e) lf RECIPIENT should subcontract all or any portion of the services to be
performed under this Agreement, RECIPIENT shall require each subcontractor to provide
insurance protection in favor of CITY and each of its officers, officials, employees, agents and
volunteers in accordance with the terms of this section, except that any required cedificates and
applicable endorsements shall be on file with RECIPIENT and CITY prior to the commencement
of any services by the subcontractor.
12. On-Site Monitorinq. Authorized representatives of HUD and/or the City shall
have the right to monitor the RECIPIENT's performance under this Agreement. Such
monitoring may include inspection activities, review of records, and attendance at meetings:
RECIPIENT shall reasonably make its facilities, books, records, reports and accounts available
for City's inspection in pursuit hereof.
This section 12 shall survive termination or expiration of this Agreement.
13. Records, Reports, and 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 with
all applicable requirements of the Office of Management and Budget Circular A-122, Cost
Principles for Non-Profit Organizations; OMB Circular A-133 Audits of States, Local
Governments and Non-Profit Organizations, including the provision of a single audit (generally
applicable where funding from all federal sources in any fiscal year exceeds $5OO,OOO), and to
such extent shall submit to the CITY any applicable auditor's reports and audited financial
statements no later than three (3) months after the RECIPIENT's fiscal year end.
RECIPIENT shall comply with applicable portions of 24 CFR Part 1 10 lJniform
Administrative Requirements for Grants and Other Agreements with tnstitutions of Higher
Education, Hospitals, and Other Non-Profit Organizations.
RECIPIENT shall be responsible for determining the applicability of the
foregoing:
(1) RECIPIENT shall send all required reports to the Administrator not
later than the fifteenth of the month following the last day of the latest month for which
the report is due.
(2) Except as othenruise authorized by clry, RECTpTENT shail retain
such records for a period of five (5) years after receipt of the final payment under this
Agreement or the earlier termination of this Agreement, whichever occurs later.
REcIPIENT is to prepare written financial statements, and completed
Homeless Services Report, each in the form attached hereto as Exhibit C incorporated
herein, each covering matters pertaining to the Scope of Services contained in Exhibit
A, to be submitted to CITY no later than the thirtieth (30th) of the month foilowing the
end of each quarter hereunder for the duration hereof, absent City's prior written coñsent
in cases of unusual 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 pertaining in whole or
in part to this Agreement and they shall be clearly identified and readily accessible to ClTy.
(c) During the life of this Agreement and for a period of five (5) years after
receipt of the final payment under this Agreement or the earlier termination of this Agreement,
whichever occurs later, RECIPIENT shall, at any time during normal business houis and as
often as CITY and/or HUD or the authorized representative of either CITY or HUD may deem
necessary, make available to them or any one of them, within the City of Fresno, such
statements, records, reporls, data and information as they may request pertaining to matters
covered by this Agreement and permit them or any one of them to audit and inspect all records,
invoices, materials, payrolls, records of personnel, conditions of employment, and other data
relating to all matters covered by this Agreement. RECIPIENT shall also permit and cooperatewith on-site monitoring and personal interviews of participants, RECIpIENT'S staff, and
employees by Administrator and other clrY and/or HUD representatives.
(d) The RECIPIENT is required to participate in the Fresno Madera Continuum
of Care ("FMCoC"). Parlicipation is defined as attendance at a minimum of 75o/o of all FMCoC
Director's meetings.
(e) The RECIPIENT is required to collect and report client-level data in a
database comparable to the local Homeless Management lnformation Systems ("HMlS") run bythe Housing Authorities of the City and County of Fresno through a Memorandum oi
Understanding with the FMCoC or a data base that complies with any special requirements
which may be developed by HUD for legal services or domestic violence victim service
RECIPIENTS as pre-approved by the CITY. Reporting in a database comparable to HMIS is a
requirement of ESG funding. The comparable database will be maintained by the RECIpIENT
and used to collect data and report on outputs and outcomes as required by HUD. RECIpIENT
is required to enter all client intakes, provide regular updates and exit all clients once servicesare completed. As applicable, RECIPIENT must enter the following information in the
comparable database for federal reporting purposes:
1) Name
2) Social Security Number
3) Date of Birth
4) Race
5) Ethnicity
6) Gender
7) Veteran Status
8) Disabling Condition
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9) Residence Prior to Program Entry
10) Zip Code of Last Permanent Address
11) Housing Status
12) Program Entry Date
13) Program Exit Date
14) 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)
(Ð CITY shall provide full reporling requirements as required by HUD, under
separate documentation for RECIPIENT. lf RECIPIENT is a legal services or domestic violence
victim services RECIPIENT, and requires client-level information to remain confidential, they will
be required to establish a comparable client-level database internal to its organization (e.g. no
identifying data shared with the HMIS or the CITY and will provide only aggregate data to the
CITY as required). RECIPIENT will work with the HMIS administering agency, as an agent of
the FMCoC, to determine that the alternative database meets the standards for comparable
client-level databases, including compliance with the HMIS Data and Technical Standards which
are acceptable to HUD and the CITY.(g) All data elements specified above in 13(e) must be recorded for each
ESG Program in the HMIS and the fields needed to correctly generate the performance reports
are required to be collected in the comparable database.
(h) The RECIPIENT is required to provide housing unit and client data to the
City of Fresno, or designee, to include in the Point in Time survey as administered by the
Fresno-Madera Continuum of Care and as required by the HEARTH Act of 2009.
This Section '13 shall sulive expiration or termination of this Agreement.
14. Subcontracts. The RECIPIENT shall not enter into subcontracts for any work
contemplated under the Agreement without first obtaining the CITY's written approval.
(a) An executed copy of every such subcontract approved by the
Administrator shall be provided to CITY prior to implementation for retention in CITY's files.
subcontract.
Agreement.
(b) RECIPIENT is responsible to CITY for the proper performance of any
No such subcontract shall relieve RECIPIENT of its obligations under this
(c) Any subcontract shall be subject to all the terms and conditions of this
Agreement.
(d) No officer or director of RECIPIENT shall have any direct or indirect
financial interest in any subcontract made by RECIPIENT or in any loan, purchase of property,
or any other arrangement made by RECIPIENT, by whatever name known.
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15. Conflict of lnterest and Non-Solicitation.
(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 forlh in Exhibit D.During the term of this Agreement, RECIPIENT shall have the obligation and duty toimmediately notify CITY in writing of any change to the information proviOãd by REC¡plEñf ¡nsuch statement.
(b) RECIPIENT shall comply, and require its subcontractors to comply, withall applicable federal, state and local conflict of interest laws and regulations includ¡ng, wi¡îoutlimitation, California Government Code Section 1090 et seq., the California political Réform Act(California Government Code Section 87100 et seq.) and the regulations of the Fair political
Practices commission concerning disclosure and disqualification (2 california code ofRegulations Section 18700 et seq.). At any time, upon written r"qu"st of ClTy, RECIpIENTshall provide a written oqlnlon 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, and require its subcontractors to take, reasonablesteps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving riseto the appearance of a conflict of interest, RECIPIENT shall immediaiely notìty CtTy of [hes"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 CffÍ Uooyor within one year of their termination therefrom. Thís 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 othen¡rtise, 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 all applicable requirements of the Lead-Based Paint Poisoning Prevention Act of 42 U.S.C.4821et seq., 24C:FR part 35 and 24 CFR982.4U0. ln this regard RECIPIENT shall be responsible for all inspection, testing andabatement 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 Actof 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
sudaces must be satisfied: (1)Treatment of defective paint surfaces must be performed beforefinal inspection and approval of the renovation, rehabilitation or conversion áctivity under thispart; and (2) Appropriate action must be taken to protect shelter occupants from the 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 (29 U.S.C. 794) as amended and HUDimplementing regulation 24 CFR part B.
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(c) RECIPIENT agrees to comply with the federal requirements set forlh in24 CFR Part 5, except as explicitly modified below, and use of emergency shelter grant
amounts must comply with the following requirements: (a) Nondiscrimination and ãqualopportunity. The nondiscrimination and equal opportunity requirements at 24 CFR part 5 are
modified as follows:
(i) Rehabilitation Act requirements. HUD's regulations at 24 cFRPart 8 implement section 504 of the Rehabilitation Act of 1973 (29 U.S.ı. 794) as amended.
For purposes of the emergency shelter grants program, the term dwelting unfts in 24 CFR part g
shall include sleeping accommodations.
(ii) RECIPIENT shall make known that use of the facilities andServices 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, familialstatus, or disability who may qualify for such facilities and Services, the RECIpIENT 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 are
accessible to persons with disabilities.
(iii) The RECIPIENT shall be responsibre for complying with thepolicies, guidelines, and requirements of 24 CFR Part 85 (codified pursuant to OM-B Circular No.
A-102) and OMB Circular No. A-87, as they relate to the acceptance and use of ESG funding byCITY, and Nos. A-110 and A-122 as they relate to the acceptance and use of emerge:ncy
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 blds 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 theServices in a manner that does not engage in inherently religióus activities and that does not
engage in any prohibited activities described in 24 CFR 576.23. Without limitation, RECIpIENTshall not unlawfully discriminate on the basis of religion and shall not provide religiousinstruction or counseling, conduct religious services or worship, engage in reli!iousproselytizing, or exert other religious influence in pursuit hereof. Subjeci tò tne foregãing,
RECIPIENT does not intend to utilize ESG funding to construct, rehabilitáte or convert fað¡l¡tiel
owned primarily by religious organizations or to assist primarily religious organizations in
acquiring or leasing facilities to the extent prohibited in 24 cFR sr6.23.
(Ð RECIPIENT shall perform the Services in compliance with, and not to
cause or permit the Services to be in violation of, any existing or future environmental law, rule,
regulation, ordinance, or statute. RECIPIENT agrees that, if CITY has reasonable grounds tosuspect any such violation, RECIPIENT shall be entitled to thirty (30) days' notice and
oppodunity 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.
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(g) The OMB Circulars referenced in this Agreement are available at the
Entitlement Cities Division, Room 7282, Department of Housing and Urban Development, 451
Seventh Street, SW., Washington, DC 204i0.
17. Relocation.
(a) RECIPIENT shall assure that it has taken all reasonable steps tominimize the displacement of persons (families, individuals, businesses, nonprofit organizations,
and farms) as a result of this project and the Services rendered in pursuit thereof.
(b) A displaced person must be provided relocation assistance at the levels
described in, and in accordance with, 49 CFR 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 REC¡pIENT in accordañcewith its respective terms, except as such enforceability may be limited by (a) bankruptcy,
insolvency, fraudulent conveyance, reorganizat¡on, moratorium, or other similár laws of g"n"räi
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 orrepayment obligation imposed by HUD due to any act or omission of RECIpIENT in pursuit
hereof.
(e) RECIPIENT acknowledges that RECIPIENT, not the CITY, is responsible
for determining applicability of and compliance with the ACT and all other applicable locà¡, state,
and federal laws including, but not limited to, any applicable provisions of the California Laboi
Code, Public Contract Code, and Government Code. The CITY makes no express or ímplied
representation 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, 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 failureby RECIPIENT to comply with any such laws, regardless of whether the City knew oi should
have known of the need for such compliance, or whether the CITY failed to notify RECIpIENT ofthe need for such compliance.
12
(f) RECIPIENT agrees to comply with the CITY's Fair Employment Practices
and shall not employ discriminatory practices in the provision of the Services, employment of
personnel, or in any other respect on the basis of race, color, creed, religion, sex, sexual
preference, national origin, ancestry, ethnicity, age, marital status, status as a veteran with
disabilities or veteran of the Vietnam era, medical condition, or physical or mental disability.
During the pedormance of this Agreement, RECIPIENT agrees as follows:
(i) RECIPIENT will comply with all laws and regulations, as
applicable. No person in the United States shall, on the grounds of race, color, creed,
religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status,
status as a disabled veteran or veteran of the Vietnam era, medical condition, or
physical or mental disability be excluded from parlicipation 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 veteran
or veteran of the Vietnam era, medical condition, or physical or mental disability.
RECIPIENT shalltake affirmative action to ensure that applicants are employed, and the
employees are treated during employment, without regard to their race, color, creed,
religion, sex, sexual preference, national origin, ancestry, ethnicity, age, marital status,
status as a disabled veteran or veteran of the Vietnam era, medical condition, or
physical or mental disability. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. RECIPIENT agrees to post in
conspicuous places, available to employees and applicants for employment, notices
setting forth the provision of this nondiscrimination clause.
(iii) 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.
(iv) RECIPIENI 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 written
amendment approved by the City Council and signed by the parties. Where it is determined by
the Administrator that there is a need to make any change in the Program, services to be
performed, fiscal procedures and system, or the terms and conditions of this Agreement
(including, without limitation, any changes necessary to comply with changes in federal, state, or
local laws or regulations), refusal by RECIPIENT to accept the change is grounds for
13
of
or
of
in
termination of this Agreement. Notwithstanding the foregoing, approval of the City Council isnot required for (i) insubstantial adjustments in line items witl"lin the total approved budget, notaffecting the total approved budget amount, approved by the Administraior in his/hér solediscretion; (ii) insubstantial changes in the nature or scope 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 her
sole discretion.
20. Public lnformation. RECIPIENT shall disclose all of its funding sources to ClTywhich, thereafter, will be public information.
21. Copyriqhts/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¡vise use, and to authorize others to use, all copyrighted 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 CITY for determination byCITY as to whether patent protection on such invention or discovery, including rights theretóunder any patent issued thereon (reserved henceforth onto ClTy), shall nã imposed andadministered, in order to protect the public interest.
22. Political Activitv Prohibited. None of the funds, materials, property or servicesprovided directly or indirectly under this Agreement shall be used for any political activity, or tofurther the election or defeat of any ballot measure or candidate for publii office.
23. Lobbvinq Prohibited. None of the funds provided under this Agreement shall beused for publicity, lobbying or propaganda purposes designed to support orìefeat 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 ofthis Agreement. lt is not intended that any rights or interests in this Agreement benefit or flow tothe interest of any third parties.
25. Nondiscrimination. To the extent required by controlling federal, state and locallaw, RECIPIENT shall not employ discriminatory practices in thã provision of services,
employment of personnel, or in any other respect on the basis of race, religíous creed, color,national origin, ancestry, physical disability, mental disability, medical condition, marital status,sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnamera. Subject to the foregoing and during the performance of this Agreement, RECIpIENT
agrees as follows:
(a) RECIPIENT will comply with all applicable laws and regulations providing
that no person shall, on the grounds of race, religious creed, color, nationãl origin, ancestrylphysical disability, mental disability, medical condition, marital status, sex, age, sexuãlorientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era bó excludedfrom participation in, be denied the benefits of, or be subject to discrimination under anyprogram or activity made possible by or resulting from this Agreement.
14
(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, statús
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 topost in conspicuous places, available to employees and applicants for employment, notices
setting forth 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 applicanté wilt
receive consideration for employment without regard to race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) RECIPIENT will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a notice
advising such labor union or workers' representatives of RECIPIENT'S commitment under this
section and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
26. 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 employeeé
shall be deemed an officer, agent, employee, joint venture, partner or associate of ClTy foi anypurpose. 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 tó
administer this Agreement so as to verify that RECIPIENT is performing its obligations in
accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
RECIPIENT and CITY. RECIPIENT shall have no authority to bind CITY absent ClTy'S
express written consent. Except to the extent othen¡rise 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 responslble for providing
to, or on behalf of, its employees all legally required employee benefits. ln addition, REClplENi
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 ClTi
or to this Agreement.
15
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. Bindinq, Once this Agreement is signed by all parlies, it shall be binding upon,
and shall inure to the benefit of, all Parties, and each Parties' respective heirs, successors,
assigns, transferees, agents, servants, employees and representatives.
29. Assignment.
(a) This Agreement is personal to RECIPIENT and there shall be no
assignment by RECIPIENT of its rights or obligations under this Agreement without the prior
written approval of the Administrator. Any attempted assignment by RECIPIENT, its successors
or assigns, shall be null and void unless approved in writing by the Administrator.
(b) RECIPIENT hereby agrees not to assign the payment of any monies due
RECIPIENT from CITY under the terms of this Agreement to any other individual(s),
corporation(s) or entity(ies). CITY retains the right to pay any and all monies due RECIPIENT
directly to RECIPIENT.
30. Compliance with Law. 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 Parlies to this Agreement. Waiver of any one
provision herein shall not be deemed to be a waiver of any other provision herein.
32. Governino Law and Venue. This Agreement shall be governed by, and
construed and enforced in accordance with, the laws of the State of California, excluding,
however, any conflict of laws rule which would apply the law of another jurisdiction. Venue for
purposes of the filing of any action regarding the enforcement or interpretation of this
Agreement and any rights and duties hereunder shall be Fresno County, California.
33. Headinqs. The Section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or add to the
interpretation or meaning of the provisions of this Agreement.
34. Severabilitv. The provisions of this Agreement are severable. The invalidity or
unenforceability of any one provision in this Agreement shall not affect the other provisions.
35. lnterpretation. The Parties acknowledge that this Agreement in its final form is
the result of the combined effods of the parties and that, should any provision of this Agreement
16
Whenever any conflict appears in any portion of the Contract, it shall be resolved by
application of the order of precedence.
ln the event of any conflict between the body of this Agreement and any Exhibit or
Attachment hereto, the terms and conditions of the body of this Agreement shall control and
take precedence over the terms and conditions expressed within the Exhibit or Attachment.
Furthermore, any terms or conditions contained within any Exhibit or Attachment hereto which
purport to modify the allocation of risk between the Parties, provided for within the body of this
Agreement, are nulland 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.
MARJAREE MASON CENTER
Grant Number: E15MC060001
Emerqencv Shelter
Rapid Re-Ho
Admin
Total:
000
$100,000
750
$194,750
[SIGNATURE APPEAR ON NEXT PAGE]
I7
City Manager
Date:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
Date:
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Att
Addresses:
CITY:
City of Fresno
Attention: Bruce Rudd, City Manager
2600 Fresno Street Room 3076
Fresno, CA 93721
Phone: (559) 621-8300
FAX: (559) 488-1078
Attachments:
Marjaree Mason Center,
a Cali
of Acknowledgement)
Name:
Title.
(Attach Notary Certificate of Acknowledgement)
Date.
RECIPIENT:
Marjaree Mason Center
Attention: Genelle Taylor Kumpe
Address: 1600 M Street Fresno, CA93721
Phone: 559-237-4706
FAX: 559-237-0420
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO,
a municipal corporation
By
By
By:
Date:
1.
2.
3.
5.
4.
Exhibit A - Scope of Seruices
Exhibit B - Budget Summary
Exhibit C - Homeless Services Report
Exhibit D - lnsurance Requirements
Exhibit E - Conflict of lnterest Disclosure Form
18
Jaylbr Kumpe
E
ãndon M. Collet
Exh¡b¡t A
SCOPE OF SERVICES
Consultant Service Agreement,,Between', City of Fresno
and Marjaree Mason Center
Emeroencv Solutions Grant
DO NOT INCLUDE A COVER LETTER
MARJAREE MASON CENTER - ESG APPLICATION PY 2OI5
page)
Section:Headinq Attachment/Documents'
*
Acknowledge review of insurance
requirements . nla
1 Project Summary . Form (one page)Ø
2 Project Description . Nanative (two pages)Ø
3 Meeting Program Priorities . Narrative (two pages)Ø
4 Project Schedule . Nanative (one page)Ø
5 Experience of Applicant(s). Narrative (two pages)Ø
6 Current and Completed Projects . Narrative (one page)ø
7
Acknowledge Consistency with
Federal/Local Funding
Requirements
c nl?
I Budget . Form (two pages)ø
EXHIBIT B
BUDGET SUMMARY
ESGActivity
f0TA[ BU0GEf fo
lhh prognm
CITY ESG funds
proposed
llTT ESG funds
lrevioudy
wardedfo¡üris
llogram
l0UNIl ESG funds
awarded, reque$ed
r expectedf fordrh
rrcgram
Itlatching funds for
lhisprcgram
iourceþf of matchingfunds for this program
;TTEEfOUIREACH/
f'/lERGENCÏ SHETTER
itreet 0uheach s s s
:rnerSencV Shelter s 1,20,191 S go,om 5 slgzo 5 5 tot,¡ot
hlifornia Office of Emergency 5ervices, Blue
ihield of Califomia, County of Fresno Family
itabilization Prosram, First 5 of Fresno Countv
l'0TAlstreet
lutreaú/emergency
ihelter 5 tno,pr S go,om s ss,926 5 tot,¡ot
OMEITSS
IREVENTlON
lomeles prevention
lousing Reloætion &
itabilization
ilomeless prevention
Prevention-Tenant
læed Rental
\cçictance
I0TALhomeles
orevention
IÂPID RE.HOUSING
ìapid re-housing-
lousing Relocation &
itabilization S 412.s87 S tm,mo S 65,194 s 5 tszsoo
Legacy Foundation, lsnardi Foundation, Coung
Family Stabiliration Plan, Fresno Regional
Foundation, Kaiser Permanente, and unrestricted
Conations.
lapid Re-housing -
)revention-Tenant
læed Rental
içsistence s 5 (s s
|'OTALnpid re-
rousing S 412,s87 S m.mo 65,194 5 S 1s7.s66
\dministntion costs
rp to 15% of $G
unds requested for
lmsnm activities S o,osz S +no s 3,028 s
OTAI.AIIESG S 2,17s,435 S 194,/so s 124148 5 S ¡u,+¿
lctivities in this
IUDGTI
2
EXHIBIT C
Homeless Services Report
EXECUTIVE SUMMARY
MARJAREE MASON CENTER. ESG APPLICATION PY 2015
CITY OF FRESNO
The Marjaree Mason Center, an active participant in the Fresno Madera Continuum of Care,
through the Emergency Solutions grant program, will provide emergency housing with case
management services for Fresno City victims who have become homeless due to fleeing
domestic violence. The Marjaree Mason Center Fresno Safe House will serye S00
unduplicated homeless women and children who are fleeing domestic violence, within the
12-month funding period January 1,2016 - December 31"t 2016. The seruices we will offer
in conjunction with emergency housing and supportive services include food, clothing, case
management, counseling, legal assistance, parenting, life skills, support groups and
linkages to housing and job training agencies/programs.
Additionally, MMC will provide Rapid Re-Housing-Housing Relocation and Stabilization
Services that will ensure necessary funding supports for 20 homeless DV victims/families.
Most families who have fled their home due to DV are unable to return safely to that
residence unless the abuser is in custody, without fear of future abusive action towards
them and their children. Absent assistance to get into their own housing through this
program, many of the families will have no choice but to return to the abusive violent home
or to remain homeless. Within this program MMC staff ensures eligibility guidelines, intake
procedures, and housing approvals per HUD guidelines; prior to program entry or
assistance being provided. HUDs Rent Reasonable Standard and Housing Quality
Standards for unit inspections will be applied when rental assistance is to be provided.
HMIS comparable data will be collected and maintained, as allowable through VAWA.
1-,,BROJEGT¡Su
Organization Name: Mariaree Mason Center. lnc.
Address: 1600 M Street. Fresno. CA 93721
Federal Tax l.D. Number: 94-1156639
Organization Type (check allthat apply):
State certified non-profit entity
Public agency qualified to receive ESG funds under applicable federal rules
Executive Director Name: GENELLE TAYLOR KUMPE
Phone:559-237-4706 E-mail: GENELLE@MMCENTER.ORG
Project Contact Name: MARCUS MARTIN
Contact Organization: MARJAREE MASON CENTER,INC
Address: 1600 M STREET, FRESNO. CA 93721
Phone: ss9-237-4706 E-mail: MARCUS@MMCENTER.ORG
Application Contact Name (if different from Project Contact above): SAME AS ABOVE
Application Organ ization :
Address:
Phone:E-mail:
rized Official (attached Board/companyOriginal Signature Resolution)
Signature:
Title:
Name: Ge November 4, 2015
Please describe the project in detail including eligible activities, target populations, se¡vicesto be provided, number of participants to be seryed, timelines/project schedule/program
outcomes.
Marjaree Mason Center (MMC) will provide emergency shelter to 500 unduplicated persons
(individuals and families) who are homeless, having no other safe housing alternative due úo
fleeing a domestic violence situation, Leqal mandates and protections for these hoileless
ln addition,
MMC will provide Rapid Re-housing - Housing Relocation and Stabilization Services (tenant-
based) to 20 homeless individualifamilies-specifically those who are homeless due to DV.
Specifically, the MMC Safe House-emergency shelter will provide immediate housing, food,
clothing, case management, and supportive services to homeless victims (individuãls and
families) of domestic violence in Fresno. Staff support and client intake are provid ed 24-
hours a dayleveryday. For safety reasons, the 40-room/120-bed shelter facility where
services are provided is confidentially located in Downtown Fresno. This central, secure
location allows victims in Fresno to easily access the facility, even using public
transportation. The services we will offer in conjunction with emergency housing and
supportive services include food, clothing, case management, counseling, legal assistance,
parenting, life skills, support groups and linkages to housing and job training
agencies/programs. The MMC emergency shelter, through the ESG funding, will address the
immediate and most appropriate housing need of the identified target homeless population;
identify the longer term support and service needs; and provide essenfia/ services by utilizingan immediate intake assessment and case management approach. Through case
management MMC will address and link eligible clients to available and appropriate
community and mainstream resources (SSI, Department of Rehab, TANF, CalWORKs,
Veterans resources, Food Stamps...etc), to ensure greater opportunity of long{erm housing
in which they can thrive.o Funding in the emergency shelter will include "shelter Operations," primarily maintenance
of the Safe House facility (1.0 FTE Maintenance Specialist), related maintenance supplies,
telephone, insurance and utility costs; and 'Esse ntial Seruices" to cover the cost of an
emergency shelter (.5) Client Advocate. These are both critical areas of funding: one to
ensure client services; the other to address needed daily maintenance in the facility.
o Additionally, MMC will provide Rapid Re-Housino-Housinq Relocation and Stabílization
Services that will ensure necessary supports for homeless DV victims, prirnarity tnose in
our DV programs that we know are homeless due to fleeing DV and have no other
resources for "safe' housing. Most families who have fled their home due to DV are unable
to retum to that residence without fear of future violence towards them and their children.
Absent thís assistance, many families have no choice but to return to the abusive violent
home or to remain homeless. Within this program MMC staff ensures eligibility guidelines,
intake procedures, and housing approvals per HUD guidelines; prior to program entry or
assistance being provided. HUDs Rent Reasonable Standard and Housing Quality
Standards for unit inspections will be applied when rental assistance is to be provided.
HMIS comparable data will be collected and maintained, as allowable through VAWA.
o ln addition to covering the Short Term Rental Assistance costs, other eligible services to
be available are provided by the funded Case Manager, including: housing search and
placement, housing stability case management mediation, legal services, and credit repair;
central¡zed coordinated assessments, initial evaluation, counseling, and coordinating
services. The Case Manager will assess, assist and approve clients and housing per HUó
guidelines, and monitoring clients on this project.
Proiect Schedule & Outcome Obiectives:. The MMC Safe House-emergency shelter will accept referrals of individuals and families
fleeing domestic violence and;
Þ Provide homeless housing to 500 unduplicated homeless referrals individuals and
adults with children 24-hours per dayl 7-days per week; ensuring that beds are
available on a first-come, first serye basis within a 6-month period.
> MMC 24-hour hotline will accept referrals community-wide, from 2-1-1; DV National
Hotline; other homeless agencies & will refer non-DV homeless to FMCoC MAp.
Þ Homeless referred to MMC for shelter will be provided an immediate assessment to
determine their needs (food, shelter, clothing, safety, medical, counseling, legal
assistance, etc.). The shelter, in compliance with the McKinney Homeless Assistance
Act, serves battered women and their children; however, male victims of DV are
eligible for alternate housing services, including hotel vouchers.
however, needs fundinq to provide this level of service.
.35 homeless persons who are not eligible for MMC shelter seryices will be provided with
referrals and/or transportation to altemate shelter services within the FMCoC network of
providers or the coordinated assessment housing process.
. ln adherence with the Emergency Solutions Grant intent
plan of care. 350 care plans will ensure health and safety issues are addressed; longterm plans, as applicable, will discuss direction toward income achievement,
employment or education and long term housing stability.
. (65%) of the clienUfamilies with case plans will exit towards a permanent housing.
o 220 adults (lndividuals or head of household) in the emergency shelter or RRH program
will be assessed to ensure they are accessing (as appropriate) mainstream resourceJ and
funding that they qualify for, and which will assist the client/family in achieving self-
sufficiency.
. (30%) of the adults served (emergency shelter & RRH) will be referred to local
employment training and/or enrolled in CaIWORKs and placement programs in the
community. lt is important to note that case management services are initially focused on
the emotional well-being of the client and family, as their cause for homelessness was
initiated in a violent manner for them and their children.
o 20 RRH eligible clienUfamilies will be provided with needed qualified funding to ensure
they are able to access permanent housing.
. 20 RRH households will be provided homeless assistance supports, coaching, and service
linkages to assist them in maintaining permanent housing.
. MMC does not discriminate in providing of services, and also accepts all walk-in or self-
referred clients for assessments and services as appropriate; and accepts DV victims who
are fleeing their home and referred through the MAP program and coordinated entry
systems.
3 -,MEFT|NG, P.ROGRAM pOLtCt ES AN D, pRtORtTtES
(Limit narrative to two pages)
Describe how the project will meet the program policies and priorities.
The primary target populations for MMC ESG services are individuals and families who
are defined as homeless by the Department of Housing and Urban Development (HUD)
24 CFR Parts 91, 582, and 583 regulations, specifically those fleeinq/aftemptinq to ftee
mav serve some homeless individuals. Marjaree Mason Center has a thorough
understanding of the Emergency Solutions Grant (ESG), and the City and FMCoC intent and
priority focus of ESG services toward emergency housing and rapid re-housing of specific
targeted homeless populations, including victims of domestic violence and households with
chÍldren; which are the two populations that MMc provides service.
ln line with the Emergency Solutions Grant (ESG) intent, MMC will focus upon
unsheltered homeless persons fleeing or attempting to flee DV, and provide
emergency shelter services necessary to help 500 unduplicated homeless households
DV adults/children victims (fleeing); and
An additional 20 eligible families/individuals with Rapid Re-housing-Housing
Relocation and Stabilization Services supports to regain stability after their
homelessness. The approach of this MMC Emergency Solutions grant is to address
the immediate (emergency housing) and most appropriate tenant based re-housing
needed by the identified target homeless population; assísting them in identifying long
term supportive and seruice needs to prevent future homeressness.
MMC maintains HMIS data supports (within VAWA guidelines) and does possess required
insurance, as required by the ESG contract with the City of Fresno. Outreach is within the
coordinated access process; through 2-1-1; from street outreach and; referrals from other
social service, law enforcement and homeless agencies within Fresno. Further-as per the
policies and procedures for ESG, the three-step process for determining client's eligibility will
be closely adhered to which includes: 1) initial consultation with the individual or family to
determine eligibility in accordance with the coordinated assessment requirements set forth
under 24 DVR 576.400(d) and the associated written standards established. 2) Verification of
income below 30% of the Area Median lncome will take place; and 3) Verification of
Homelessness will be secured-homelessness will be verified as per the HUD definition.
Specifically our targeted population within that definition includes: Any individual or family
who is fleeing, or is attempting to flee domestic violence, dating violence, sexual assault,
stalking, or other dangerous or life threatening conditions that relate to violence against the
individual or a family member, including a child, that has either taken place within the
individual's or family's primary nighttime residence or has made the individual or family afraid
to return to their primary nighttime residence; that they have no other residence; and lack the
resources or support networks, e.9., family friends, faith based or other social networks, to
obtain other permanent housing; and live in an emergency shelter or other place described
as and not meant for human habitation.
As our proposal includes a request for emergency shelter and rapid re-housing, our process
with the re-housing population will include re-verificationiqualification for ongoing eligibility of
this service for Rapid Rehousing households served more than three months, although our
project will primarily focus on assisting these homeless with acquisition of rental housing with
depositsifirst & last month's rent and utility assistance-per grant guidelines. Further, we will
maintain all client eligibility documentation in each client file (as is relative to emergency
shelter and rapid re-housing); and we will maintain all recordkeeping and reporting
requirements, as required in the regulation for rapid re-housing clients. Family size
determination, unit size appropriateness and rent reasonableness will be in compliance with
HUDS standard of "rent reasonablerìess." ln regard to the Rental, Security and Utility
Payments-payments will only be made directly to the third parties (landlords or utility
companies).
MMC supports the FMCoC involvement and dedication toward the Project Unite and the 25-
Cities national initiative that began in March of 2014. ln addition, we appreciate the City's
commitment to ensuring that domestic violence victims have immediate access to safety and
shelter, as they flee DV/family violence with their children and immediately become
homeless. The MMC homeless services, although being DV related will absolutely support
the common/coordinated assessment and homeless housing protocols within the community,
as many "general homeless" reach out to our Center for housing. We support and participate
in this effort, have trained our staff in the SPDAT lV assessment, cooperate and collaborate
with other homeless providers so this system can be successful.
For domestic violence victims we know that the FMCoC and city of Fresno understand the
restrictions in placing DV victims' in general homeless housing, as our particular target
population are homeless due to fleeing DV and have safety concems for the family and
require being confidentially housed with specific safety and security needs.
As an active FMCoC member, MMC commits to the local initiatives as these services are
necessary to help regain stability in permanent housing after experiencing a housing crisis
and/or homelessness. We utilize the coordinated assessment process as an important
aspect of the initiative for homeless we serye, who are not protected under VAWA
confidentiality requirements. The tactic of the Emergency Solutions Grant is to address the
immediate and most appropriate housing need of the identified targeted homeless
population; identify the longer term supportive and service needs; and utilizing a case
management approach-address and link the referred clients to available and appropriate
resources, to ensure greater opportunity of long-term consistent, supportive (if necessary),
housing options in which they can thrive. For DV victims the MMC will continue to follow this
approach with clients we serye; will maintain our duplicate HM|S/comparable data collection
and; provide immediate emergency shelter housing and rapid re-housing for homeless
families fleeing domestic violence, meeting the requirements and intent of the Emergency
Solutions Grant, local priorities and policies in regard to ESG.
SEGTION 4 - PROJECT SCHEDULE
l, (timit'p.grrative,to one page)
Describe how the agency will perform ihe tasks described within the six month timeline. Show how the
agency anticipates expending and requesting reimbursement for each month of the subrecipient
agreement.
The MMC Emergency Shelter operations will begin immediately. The Emergency Shelter is
already in operation; however needs the additional funding to operate at the proposed level.
There will not be any start-up delays in the receipt of homeless individuals/families that are
fleeing domestic violence and requiring shelter. The numbers of anticipated homeless
received each month, within this funding, for the 12-month period of 2016; is noted in the
chart below and is based upon historical data.
The Rapid Re-housing - Housing Relocation and Stabilízation Services program will be
made available for qualified and eligible candidates effective January 1, 2016. A case
manager will be responsible for the processing of applications for funding assistance,
connecting clients to needed resources, project monitoring and client assistance. There will
be minimal delay in implementation of the project. We currently have an active list of
homeless households we are working with who meet the RRH ESG HUD guidelines and
services criteria. The MMC RRH project is active, staff already have forms, files and
processes for receipt and processing of applications for funding assistance. Announcement
will be made notifying Marjaree Mason Center Advocates and the MAP project within the
community and in the emergency shelter that this assistance is available; and we already are
actively receiving referrals under our current RRH-City ESG funding for this much needed
assistance. lt is anticipated, based upon prior experience that verification attainment, housing
search and application, approval for size and cost appropriateness and site visit approvals
will require at least a 15-18 day span. Staff will determine that all requested rental
assistance meets rent reasonableness (within the approved FMR); and that the site meets
quality standards expectations. Once the paperwork and the on-site processes are
completed, a check or checks will be requested from the finance department in the name of
the third-party who will be paid for the services needed (moving, storage, rent payment,
etc...). Checks are processed weekly and will be issued after the appropriate backup
documentation is received and verified.
Clients will be provided with necessary linkages and supports to promote their stay in the
permanent housing and the case manager will assist them in their initial stabílization and
seruice linkages. The timeline represents the numbers served will be highest mid-grant, as
the three months of supportive assistance are anticipated to be provided at that time;
deposits and other onetime funding requests will be accepted in the latter two months of the
funding period; in order to end the project / funding within the 12-month time frame.
Total #
5erued
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500 30 30 40 50 50 50 50 40 40 40 40 40
SYo 5%1lYo 10lo 10o/o 10%10To 10%1lïo 10%5%1Yo
9
Marjoree Moson Center City of Fresno ESG py 2015
Describe your organ¡zation's e
housing proposed and experience with the utilization of ESG funds or other public-privatedevelopments.
ln nearly four decades of experience, MMc has continually provided quality safe effective
utilized City and County ESG funds every
cedures, meeting service objectives; and
men and children victims of DV. MMC hasI operating five HUD SHp TH & pH projects,addressing performance indicators and performanðe objectives. Curren¡y ivlrVíC ¡.working in partnership with the Fresno Housing Authority on implementation of theWelcome Home (PH) Rapid Re-Housing p
That program was operating at capacity
approve verifications of eligibility & approve
MMC also successfully administered local
available. MMC case managers
individualized seryice plans, an
maintain HUD required documen
Advocates assist in re-housing clients by facilitating
clients about: budgeting skills, leases and the leai
making moving arrangements, and other skills nece
has been diligent about meeting all HUD and other co
timelines and reporting requirements.
ln all, MMC manages more than 24 grants
federal, state, local, and private grantors.
more than 110 grants, totaling more than $fulfilled and successfully met objectives an
state, and local government agencíes, as
years of proven fiscal and programmatic sta
HPRP and ESG mandates, policies and regulatjons. ln addition to the FMCoC, MMC hasmemorandums of understanding with more than 32 agencies in Fresno County, creating ãnetwork of referrals and mutual support. Through ih"r" partnersnìps, MMC assísts inaddressing gaps
.
in community services, streamlines victim assistaÀce, and eliminatesduplication of efforts, maximizing resources available in our community. Due to itsreputable d n the Fresno area, MMC operations aie enhanced by astrong and ommitment of private grants and donated funds from ôurcommunity' monitoring process have been excellent and consistenflyhave met al
Marjaree Mason Center is Fresno's only dedicated domestic violence services agency, the
9ou1ty's only provider of domestic violence homeless shetter services, and CentralCalifornia's foremost expert on domestic violence and annually MIMC moves more than
9lT"-of emergency residential clients into transitional or self-sufficient permanent housing!MMc emergency ald transitional projects are located in downtown Fresno, Clovis andrural Reedley, housing an average of 1010 unduplicated victims of domestic viotenceevery year. The agency keeps detailed statistics on services provided; as well as verydetailed client demographícs, inctuding ages, ethnicities, zip .öd"r, áno in.o,ne levels.Agency-wide, MMC serves more than 5,é00 unduplicated victims of domestic violence
Morjoree Mason Center City of Fresno ESG py 2O1S
every year. MMC is experienced assisting clients from all backgrounds, income levels &pafts of the community. For the past 35 years, the Marjaree Mãson Center (MMC) hasprovided shelter, re-housing assistance, an t case management services to victims whohave become homeless due to fleeing domestic violenıe. MMC advocates working inconjunction with law enforcement have reached out to victims who report domesticviolence contact thousands of victims each yäar, informing
them ab tance. This outreach is so effective that more thañ30% of re fror these efforts. ln addition to our activeinvolvement withín our community and the FMCoC, MMC is an active member of theCalifornia Partnership to End Domestic Viotence (CEPDV).
Key staff, their role in the project and their qualifications, are as follows:
' Genelle Taylor Kumpe, Executive Director came to MMC in 2013 with over 14 years ofexecutive management, legislative advocacy, entrepreneurial business developmênt and
management, and public/media relations. Genelle spent 10 years as a leader in education,her work at Fresno State became a national model for other universities to replicate . Ms.
o Lucianna Ventresca, Associate Director has 23 years management experience in private
nonprofit public seruice agencies, and has been with MMC for 5 years overseeing facilityprogrammatic operatíons. Ms. Ventresca has been involved in the emergency shelteiservice
provision for over 15 years, and served âS c rsUltant for the FMCoc.
' Marcus Martin, Finance Director has been with MMC for 11 years. He has 14 years,
experience in accounting and finance, internet technology and human ."sorrc"smanagement. Mr. Martin oversees all agency and shelter finanóes, and has monitored thecontracts and oversight of prior CDBG, HUD, and EHAP renovation funds -to ensure strict
compliance with government regulations and requirements.
o StacY Gomez, Legal Services Director oversees MMC's team of victim advocates who arestationed at Fres¡o County and City's domestic violence units. She has nine years'
experience as a DV victim advocate, five of those years as lead advocate, superviéing ateam of five other advocates and a Human Trafficking Advocate.
' Katie Grask, Glinical Services Director oversees MMC's team of counseling staff and theclinical interventions provided to our children in the Shelter Children's Enrichment Center.
Katie's been with the agency for over 2S-years, is a licensed therapist, and child advocate.
' Case Managers MMC case managers represent our cuttural community make-up, are
highly trained and, the majority are bilingual. All MMC staff has undergone 40 hours of state-
certified domestic violence training, and have certification as a DV advãcate.
¡ Glient Service Advocates- MMC Client Service Advocates (CSA) facilitate classes for
residents, offer peer support, parent coaching, meal service delivery for residents. CSA staffprovides the 24-hour 7-day per week crisis assessments and hot line coverage.
Legal Concerns:
Mariaree Mason Center does not have pending tegat actions, bankruptcies, or lawsuits, nor are
there any otherfactors that would prevent our agency from completing tie proposed pro¡ect.
LL
Morjaree Moson Center City of Fresno ESG Py 2015
5 . CURRENT AND COMPLETED PROJECTS
Limit narrative to one Þâoê).' ;'
List five (5) current or completed projects. lnclude a summary of the scope of the program, dates
of prosram' and number ñ:[",å"fi::i:i.ï..*
Reference Name: Services Years: 2009 through Currently Funded
Service Provided:
Emergency shelter, case management, 24-hour crisis intervention, safety planning and other services (total served including
homeless within each year of operation within this qrant= 4,800+
Reference Name: U. S. Dept. of HUD Years: December 1 ,2014 - 201b -Curreni
Service Provided: Rapid Re-Housing: housinq of homeless -Welcome Home
Service Summary: Marjaree Mason Center is cunently operating this new CoC funded PH project. Homeless are provided
Reference Name: City of Fresno Years: 2015 -2016-Current ESG Grant
City of Fresno Emergency Solutions Grant, the Marjaree Mason Center is providing 220+ homeless with
Service Provided: emerqency housinq and/or
Clients are provided shelter, food, clothing, crisis intervention, 24-hour crisis hotline, peer counseling, case management, safety,
Services to them as homeless survivors of domestic violence.
t ti '::,.11:ta' ¿ t I -,',:./.iaa /, -la:z/ t!,
Reference Name:
Service Provided:
a't>t'-{/.iaia-atz,:aJ,'v-a-r:/tar:a:i/..;t.r.t r,.t,¿t,/aa/7.-r?iaI
U. S. Dept. of HUD
ta'.'/a'"t'::a.r/r,trra:/:.'tarl'.,/tl-aa,a/?1,r1;ttat;a:ri'a,,t/.ia,aalaa,r,ta./:./t:-...¿r,/r.?, 1._-r,:aYears: 2008 - 2015 -Current
MarjareeMasonCenterprovideshousingofhomelessa
shelter, case management, therapy,classes, victim advocacy in Fresno, clovis & Reedley - more than l2s horneless
. tl/_-_.j,t,)?>.,, 1a:t:r/-/, L|
Reference Name:
Sub recipients must participate in HMIS, the local CAHM system, and the FMCoC.
MMC has been and will continue to comply with all local and federal funding requirements,
record keeping, client file documentation and fiscal accountability, including compliance with24 CFR Part 576, as amended and related implementing regulations. MMC commits to
collecting data for the HMIS, per HUD requlations, restrictions & requirements; to adhere tothe intake/file maintenance requirements; meet performance indicators & standards as
detailed for local & federal funding; and provide all statistical reports as mandated. MMC will
continue active membership in the Fresno Madera Continuum of Care (FMCoC) & will
participate in the Coordinated Entry & Housing Match system.
The 2005 Violence Against Women Act (VAWA) requires privileged confidentiality, location
and services separation for Domestic Violence Victims. Housing & housing location is also
confidential for this homeless population. Reauthorization bill restricts domestic violence
provider participation in generalized other services and restrict use of the HMIS data
participation with other CoC homeless programs. Therefore. at this time the H|JD Continuum
We will continue
to provide necessary aggregate data to the FMCoC; and will participate in the HMIS at such
time that it is permissible. Due to strict confidentiality of shelter locations, this population is
served exclusively.
T2
Marjaree Mason Center City of Fresno ESG PY 2015
rr your orsanízat¡", n"5#.îmlHl ?S8li5l,l"Tn,l"'ä,ï"'county or Fresno ror
activities that will be implemented during the period January 1,2016 to December 31,
2016, please explain how those funds will be used to pay for costs associated with this
program (shown above), or for other program costs during this period:
The Marjaree Mason Center Emergency Shelter component is currently operating
with a City ESG PY 2014 grant that will be expended in March 2016. The funds for
the current operational Award funded telephone, insurance, a portion of a Gase
Manager (different than the current funding request). The funding activities in this
application will not duplicate, but will complement one another, as they cover
different expenses.
The current MMC Gity ESG RRH component will have placed all its referred
homeless into housing by the end of March 2016. The position funded in the current
RRH component will continue to follow through with clients through March 2016. All
current funds from the city PY 2014 will be expended by March 2016.
This new RRH PY 2015 award will fund another fulltime position for calendar year
2016.
lf your organization has requested or expects to apply for ESG funds from the County of
Fresno for activities that will be implemented during the period January 1,2016 to
December 31,2016, please explain how those funds will be used to pay for costs
associated with this program (shown above), or for other program costs:
The Marjaree Mason Center is not aware of funding available through the County of
Fresno ESG in 2016; however, should they become avaitable, we will fund
components of our operation that are not covered in the current City of Fresno 2016
nt.
EXPLANATION OF MATCHING. FUNDS
Please describe the sources and used of matching funds. lf matching funds will be
used to pay for costs that are p! included in the budget above, please clearly describe the
costs and activities that will be supported with those matching funds:
(Emergency Shelter) The Marjaree Mason Center will match $225,000 of City ESG
funds with funds from our grant from the California Office of Emergency Services-
Domestic Violence Assistance Program (DVAP) grant. Funds will be matched with
the salaries from the State portion of the DVAP grant. Match will be provided by useof funds from donations from County of Fresno Family Stabilization Program,
lsnardi Foundation, Legacy Foundation and a cash match from unrestricted
donations.
13
Morjaree Mason Center City of Fresno ESG PY 2015
AUTHORIZING RESOLUTION
WHEREAS, the City of Fresno, Housing and Community Development Department & tre Fresno Madera
Continuum of Care, issued a Notice of Funding Availability underthe Emergency Solutions Grants (ESG)
Program; and
MA,RJABEE M4ç9N CENTER. lNC.. is a Private Non-Profit Corporation that is eligible and wishes to appty for
and receive an ESG gran$ and
c. rf a grant fiom üe City of Fresno it eertifies that all uses of the
Regulations and Contract
NOW THEREFORE, BE lT RESOLVED THAT:
The Board of Directors of MARJAREE MASON GENTER hereby authorizes
to execute all requircd certifications, apply for and accept the City of Fresno Emergen¿v
in üte amount of not more fian $!!!l!!!!QQ and to sign the Standard Agreement, anv subsequent
amendments thereto, w¡th the City of Fresno of not more than $327.412.00, as well as perform any and all
responsibilities in relationship to such contract.
PASSED AND ADOPTED this Sth
by the following vote:
AYES:
NOES:
Day of Novemþer, 2015
IL
,ø ABSENÏ ø
ABSTENTIONS:
tunds will be in compliance with ûre
Signøture ond Tttle ol Approving Oficer
(Chairperson or Setetory - Nolthe Authorízed Representotive)
t4
Mariaree
Mason
Center
November L5, 2015
Jose Trujillo
Housing Manager
Development & Resource Management Department
RE¡ Clty ESG PY 2015 Match
This is to certify that the Marjaree Mason Center, lnc. will provide in-kind and cash match for participants in
the City Emergency Solutions Grant: Emergency and Rapid Rehousing Programs during the time of the 1
year grant period, Ll tlzÛtçtzl?l l2ot6.
r The total value (Tables 1 & 2) of MATCH FUNDS equal $225,000
fype of Contr¡bution Contributlon Source Date of Source
Award
Comm¡lment
Value of MMG
Contribution
eommitment
Program
I n-kind-MMC Volunteers Marjaree Mason
Center
LuL6l207s s22,oo0 Rapid
Rehousing
ln-kind-M MC Volunteers Marjaree Mason
Center
LuL6/207s 535,ooo Emergency
Shelter
Cash CaIOES- Domestic
Violence Assistance
Frocram
7lLl20t5 s75,ooo.oo Emergenry
Shelter
Cash County of Fresno-
Marriage License Fees
L0lt/2o7s s30,000.00 Emergency
Shelter
Cash Legary Foundation t0lt/2014 530,000,00 Rapid
Rehousine
Cash County of Fresno-
Family Stabilization
Proeram
4122/207s s33,000.00 Rapid
Rehousing
$225,fito
1600 M Street
Fresno, C493721'
main: 559-237-47OG
fax:.559-237-0421
www. mmcenter.org
Volunteer hours include project dedicated volunteers, interns and professionals particípating in
case managemenÇ client training, individual and group therapy.
tn-kind donations includes non-monetary donations recelved by Marjaree Mason Center that will
be used by the ESG clients including but not limited to clothing, toiletries, and food.
lndividual donations include restricted cash donations received by Marjaree Mason Center that will
be dedicated toward this renewal project.
PERSON AUTH ORIZET} TO COMM¡T 1}IE9E RESOURGES:
Genelle Taylor Kumpe
TÍITE OF PEBSOîI AUTHORIZED:
ExecutÌve Director Marjaree Mason Center
SIGSIATURE OF PERSON AUTIIQRIZEBT
-ñ
DATE: Deeemborl5r2015 I
EXHIBIT D
Consultant Service Agreement "Between" Gity of Fresno
And Marjaree Mason Center
Emerqencv Solutions Grant
PROJECT TITLE
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 on
an occurrence form and shall provide coverage for "bodily injury," "property
damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non-owned equipment), products and
completed operations, and contractual liability (including, without limitation,
indemnity obligations under the Agreement) with limits of liability not less than
those set forth under "Minimum Limits of lnsurance."
The most current version of lso *commercial Auto coverage Form cA o0 01,
providing liability coverage arising out of the ownership, maintenance or use of
automobiles in the course of your business operations. The Automobile Policy
shall be written on an occurrence form and shall provide coverage for all owned,
hired, and non-owned automobiles or other licensed vehicles (code 1- Any
Auto). lf personal automobile coverage is used, the CITY, its officers, officials,
employees, agents, and volunteers are to be listed as additional insureds.
Workers' Compensation insurance as required by the State of California and
Employer's Liability I nsurance.
Professional Liability (Errors and omissions) insurance appropriate to
coNSULTANT'S profession. Architect's and engineer's coverage is to be
endorsed to include contractual liability.
MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any pafiy the CONSULTANT subcontracts with, shall maintain limits of
liability of not less than those set forth below. However, insurance limits available to ClTy, its
officers, officials, employees, agents and volunteers as additional insureds, shall be the greater
of the minimum limits specified herein or the full limit of any insurance proceeds available to the
named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and properly damage;(ii) $1,000,000 per occurrence for personal and advertising injury;(iii) $2,000,000 aggregate for products and completed operations; and,
1of4
3
4
(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;(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 with statutory limits.
4. EMPLOYER'S LIABILITY.
(i) $1,000,000 each accident for bodily injury;(¡¡) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit.
5. PROFESSIONAL LIAB¡LtTy (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" aîd afford no lesscoverage 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 ofthe 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 insurancepolicy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared on tne
Ceftificate of lnsurance, and approved by, the CITY'S Risk Manager or his/her designee. At the
option of the CITY'S Risk Manager or his/her designee, either:
(¡) The insurer shall reduce or eliminate such deductibles or self-insured retentions as respects crry, its officers, officials,
employees, agents and volunteers; or
2of4
(¡i) CONSULTANT shall provide a financial guarantee, satisfactory to
CITY'S Risk Manager or his/her designee, guaranteeing payment
of losses and related investigations, claim administration and
defense expenses. At no time shall CITY be responsible for the
payment of any deductibles or self-insured retentions.
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
CG20 1011 85 or both CG 20 101001 and CG 2037 1001 or by an executed
manuscript insurance company endorsement providing additional insured status
as broad as that contained in ISO Form CG 20 10 11 85.
The coverage shall contain no special limitations on the scope of protection
afforded to clrY, 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.
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 clrY, 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 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 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:
The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by CONSULTANT.
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.
lf coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effeciive date of the
2.
3
1
2.
3
3of4
Agreement or the commencement of work by
must purchase "extended reporting" coverage
after completion of the Agreement work or
whichever occurs first.
CONSULTANT, CONSULTANT
for a minimum of five (5) years
termination of the Agreement,
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 ClTy.
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 ClTy with a new
ceftificate 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)
caiendar days prior to the expiration date of the expiring policy.
VER¡FICATION OF COVERAGE
CONSULTANT shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be receiveã
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 CITV,
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 thã
ur¡derwriter 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
Emerqencv 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?
tr
3 Do you currently represent or perform work for any clients who do
business with the City of Fresno?
T
4 Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with the
City of Fresno, or in a business which is in litigation with the City of
Fresno?
!
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee who
has any significant role in the subject matter of this service?x
6 Do you or any of your subcontractors have, or expect to have,
interest, direct or indirect, in any other contract in connection
this Project?
any
with tr
* lf the answer to any question is yes, please explain in full below.
Explanation.
Date
Marjaree Mason Genter
1600 M Street
Fresno, CA 93721
! Additional page(s) attached.
1of1
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
of that document.
State of C' County of
¿
(insert name and title of the officer)
personally appeared 0
who proved to me on the basis of satisfactory evidence to be the
subscribed to the within instrument and acknowledoed to me fhaf
person(s), or the entity upon be
I certiñ7 under PENALW OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Signature (Seal)
AUTHORIZING RËSOLUTION
A WHEREAS, the City of Fresno, Housing and Community Development Department & the Fresno Madera
Continuum of Care, issued a Notice of Funding Availability under the Emergency Solutions Grants (ESG)
Program; and
Ê MARJAELEMASINIENTER
apply for and receive an ESG grant; and
is a Private Non-Profìt Corporation that is eligible and wishes io
C. lf MARJAREE MASON CENTER receives a grant from the City of Fresno it certifies that all uses
of the funds will be in compliance with the ESG Regulations and Contract.
NOW THEREFORE, BE IT RESOLVED THAT:
The Board of Directors of MARJAREE MASON CENTEB hereby authorizes GENELLLIAYLOR KUMPE, MMC
Ð(ECUTIYE DIRECTOR to execute all required certifications, apply for and accept the City of Fresno Emergency
Solutions Grant in the amount of not more than $194.750.00 and to sign the Standard Agreement, any subsequent
amendments thereto, with the City of Fresno of not more than $194,750.00, as well as perform any and all
responsibilities in relationship to such contract.
PASSED AND ADOPTED this _14th: Day oflúerqh 2016
by the following vote:
AYES: 16 ABSTENTIONS
ABSENT;
SIGNATURE:
( - o^t¿lg (t¿Xs,\ evf
Signature ond Title ol Approving Olficer
DOCUMENT ATTESTED BY:
tU^ú4 _
DATE:
l600 M Street
Fresno, CA 93721
main:559-237-4706
fax: 559-237-0420
www.ñ1nìcentet orS
(Chairperson or Secretary - Not the Authorized Representat¡ve)