HomeMy WebLinkAboutFair Housing Council of Central California - Agmt. reguarding Fair Housing Services 7/1/2015-6/30/2016AGREEMENT BETWEEN THE FAIR HOUSING COUNCIL OF CENTRAL CALIFORNIA
AND THE CITY OF FRESNO REGARDING FAIR HOUSING SERVICES
THIS AGREEMENT, is made and entered into, effective the lstday of July, 2015 by
and between the CITY OF FRESNO, California, a municipal corporation, hereinafter referred
to as the "City", and the FAIR HOUSING COUNCIL OF CENTRAL CALIFORNIA, a non-profit
organization, hereinafter referred to as the "FHCCC".
RECITALS
WHEREAS, the U.S. Department of Housing and Urban Development, hereinafter
referred to as 'HUD', provides funding under its Community Development Block Grant
Program, hereinafter "CDBG", as authorized under Title I of the Housing and Communitv
Development Act of 1974, as implemented underTitle24 of the Code of Federal Regulations,
hereinafter collectively referred to as the "Act", incorporated herein by its reference; and
WHEREAS, City is a recipient of CDBG funding for fiscal year 2015-2016 for use in
funding eligible activities furthering established national objectives to benefit its low and
moderate income residents as defined in the Act; and
WHEREAS, the City desires to use a portion of CDBG funds to utilize the services of
the FHCCC to educate consumers and providers regarding fair housing rights and
responsibilities, hereinafter the "Fair Housing Services", more specifically described in Section
I of this Agreement; and
WHEREAS, the FHCCC desires to provide the Fair Housing Services upon the terms
and conditions herein; and
WHEREAS, pursuant to City Resolution No. 2015-1 10, the City Manager is authorized
to execute, on behalf of the City, CDBG agreements that are within available allocated
CDBG funding and in a standard form approved by the City Attorney.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, the mutual covenants herein contained and such other and further
consideration as is hereby acknowledged, and subject to the terms and conditions and
provisions hereof, the parties agree as follows:
1. Scope of Work. The FHCCC shall provide the following Fair Housing Services:
a. Mediate claims in-house and provide information and referral to appropriate
agencies for landlord/tenant or civil code issues;
b. Conduct outreach, education and training pertinent to California and Federal
Fair Housing laws and best practices to representatives of the housing, lending, and
insurance industry and to the public at large within the City of Fresno;
c. Provide Fair Housing training and presentations as needed to city staff and
elected representatives;
d. Participate in three city-selected activities for the purpose of public education
and outreach;
e. Conduct a Fair Housing Symposium or Conference during Fair Housing
Month (April 2016);
f. Report activities quarterly to appropriate city staff, including data on claims,
basis of discrimination and demographics of claimants.
2. CDBG Eliqible Activitv and National Obiective. The City has determined that the Fair
Housing Services are CDBG eligible. The City has further determined that the Fair Housing
Services further one or more CDBG national objectives.
3. Term. This Agreement and the CDBG grant provided hereunder shall be for the period
commencing on the effective date July 1,2015, and ending June 30, 2016, unless sooner
terminated as provided for in section 9 below.
4.
Services lnvoices. The Fair Housing Services shall be conducted and completed according to
a written schedule acceptable to the City and added as an addendum hereto. All invoices shall
be submitted for payment by August 15,2016. Extensions may be granted by the City in its
discretion upon FHCCC's showing of circumstances beyond its reasonable control, which
extensions(s) shall survive expiration/termination of this Agreement, as shall this Section.
5. Reportino Requirements. FHCCC shall provide City with the following written
performance reports on or before the dates indicated:
a. A Fair Housing Services report documenting satisfaction performance of all
Services hereunder, submitted within 45 days of the end of the term hereof and at any time
hereunder upon written request of the City. There is no prescribed format for the report, but it
should provide data on services rendered in accordance with Section 1.
6. Grant Disbursement. Grant funds shall be disbursed to reimburse FHCCC in
accordance with the Proposed Budget attached hereto as Exhibit "A" and incorporated herein,
provided that the specific line item amounts in said Budget may be varied, added and/or
stricken.Total grant funds disbursed in pursuit of said Budget shall not exceed Thirty
Thousand Dollars ($30,000) or City's available and allocated CDBG Funding, whichever is
less, during the term hereof. Grant funds shall be disbursed in arrears for FHCCC's
satisfactory performance of the Fair Housing Services hereunder, upon verification
satisfactory to City that expenses incurred in performing the Fair Housing Services are
eligible under the Act, according to the following schedule:
7.
the
a. Upon invoice to City and within 30 days thereof, provided that CDBG funding
disbursements hereunder shall not exceed the sum of Seven Thousand Five Hundred
Dollars and Zero Cents ($7,500.00) in any quarter absent the written consent of the City upon
unusual circumstances supported by FHCCC, and further provided that City's receipt of
substantiating invoices, accounts, documents and records for each preceding three (3) month
period shall all be express conditions precedent to any payment obligation in City.
b. Except to the extent expressly provided for herein, all costs/expenses incurred
by FHCCC hereunder shall be the sole responsibility and liability of FHCCC.
c. All funds are paid contingent upon FHCCC'S continuous compliance with all
applicable uniform administrative requirements, program regulations, and recapture and
reversion requirements set out in the Act. Any unearned or recaptured CDBG funding shall be
returned to the City within thirty (30) days of termination of this Agreement or notice by
City, whichever occurs first. Any interest earned or received by the FHCCC thereon
shall be remitted to the City.
Use of funds. The FHCCC shall use the funds provided by the City solely in pursuit of
Fair Housing Services.
8. Availabilitv of CDBG Entitlement Funds. FHCCC acknowledges and agrees that the
CDBG funding hereunder is subject to the control of HUD and may be encumbered,
withdrawn, or othenruise made unavailable to the City (whether earned or promised to, or by,
the FHCCC). The FHCCC shall not be paid such funds unless and until they are made
available for payment to the City by HUD. No other funds owned or controlled by the City
shall be obligated under this Agreement unless specifically approved and permitted by the
Fresno City Council. Nothing herein constitutes a pledging or obligating of City funds, its
General Fund, or any real and personal property taxes, sales taxes or any other tax revenues.
L Termination of Aqreement.
a. This Agreement shall terminate upon the earlier of:
i. FHCCC's Default. The parties agree that each of the following shall
constitute a default by FHCCC for purposes of this Agreement where such breach remains
uncured for thirty (30) calendar days following City's notice to FHCCC describing such breach,
or if such breach is not reasonably susceptible of cure, immediately upon notice of breach by
City to FHCCC:
(1) The FHCCC's use of CDBG funds for other uses than
described in the Scope of Work.
(2) The FHCCC's failure to obtain and maintain the insurance
coverage required under this Agreement.
(3) Except as othen¡vise provided in this Agreement, the failure of
the FHCCC to punctually and properly perform any other covenant or agreement contained in
this Agreement including without limitation the following:
A. Any representation, warranty, or certificate given or
furnished by or on behalf of FHCCC that shall prove to be materially false as of the date of
which the representation, warranty, or certification was given, or that FHCCC concealed or
failed to disclose a material fact to City, provided, however, that if any representation,
warranty, or certification that proves to be materially false is due merely to FHCCC's
inadvertence, FHCCC shall have a thirty (30) day opportunity after written notice thereof
to cause such representation, warranty, or certification to be true and complete in every
respect.
B. FHCCC shall file, or have filed against it, a petition of
bankruptcy, insolvency, or similar law, state or federal, or shall file any petition or answer
seeking, consenting to, or acquiescing in any reorganization, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief, and such petition shall not have been
vacated within fourteen (14) days; or shall be adjudicated bankrupt or insolvent, under any
present or future statute, law, regulation, under state or federal law, and such judgment or
decree is not vacated or set aside within fourteen (14) days.
C. FHCCC's failure, inability or admission in writing of its
inability to pay its debts as they become due or FHCCC's assignment for the benefit of
creditors.
D. A receiver, trustee, or liquidator shall be appointed for
FHCCC or any substantial part of FHCCC's assets or properties, and not be removed within
ten (10) days.
E. FHCCC's breach of any other material condition,
covenant, warranty, promise or representation contained in this Agreement not othen¡vise
identified within this section.
ii. Written notice by either party to the other without cause.
iii. Complete performance by each party hereto.
iv. Expiration.
b. Upon the happening of a default by FHCCC and a failure to cure said default
within the time specified in the notice of default, City's obligation to disburse CDBG funding
shall terminate, and City may also, at its option and without notice, institute any action, suit,
or other proceeding in law, in equity or othen¡vise, which it shall deem necessary or proper for
the protection of its interests and may without limitation proceed with any or all of the
following remedies in any order or combination City may choose in its sole discretion:
i. Terminate this Agreement immediately upon written notice to FHCCC,
in which event any unearned and improperly used CDBG funds disbursed to FHCCC by City
shall be returned to City;
ii. Bring an action in equitable relief (1) seeking specific performance by
FHCCC of the terms and conditions of this Agreement, and/or (2) enjoining, abating or
preventing any violation of said terms and conditions, and/or (3) seeking declaratory relief;
iii. Pursue any other remedy allowed at law or in equity or under this
Agreement.
c. Upon any termination, the City's obligations hereunder shallterminate and all
unexpended or improperly expended CDBG funds subject to this Agreement shall revert to
and/or be recaptured for the City's CDBG Program, provided that if the FHCCC is not in
default at the time of termination the FHCCC shall be reimbursed for eligible Fair Housing
Services activities satisfactorily performed prior to the effective date of the notice of
termination.
d. Notwithstanding the foregoing and without waiver or limitation, in accordance
with the Act including 24 CFR 85.43, suspension or termination of th is Agreement may occur if
the FHCCC materially fails to comply with any term of the CDBG grant, and the grant may be
terminated for convenience in accordance with 24 CFR 85.44.
e. Those provisions of thb Agreement intended by its terms therein to survive
the termination of this Agreement shallso survive.
10. On-Site Monitorinq. Authorized representatives of HUD orthe City shall have the right
to monitor the FHCCC's performance under this Agreement. Such monitoring may include
inspection activities, review of records, and attendance at meetings.
11. Records. The FHCCC shallmaintain all necessary books and recordswith respectto
disbursement of money, property, and personnel in accordance with usual and
customary business accounting practices. The FHCCC shall document all expenditures under
this Agreement with properly executed payroll, time records,invoices, contracts, vouchers, or
other official documentation evidencing the nature and propriety of the charges. All such
materials shall be retained by the FHCCC for a period of not less than five (5) years from
termination of th is Agreement.
a. The FHCCC shall, at such time and in such forms as the City or HUD may
require, furnish statements, records, data, copies, and information pertaining to matters
covered by this Agreement. The City has the rþht, upon request, to inspect and copy all
FHCCC documents and records pertaining to this Agreement.
12. . The FHCCC shall, at its sole cost and
expense, comply with applicable municipal, county, state, and federal law, regulations, rules
and requirements now in force, or which may hereafter be in force, pertaining to any and all
Fair Housing Services activities under this Agreement. The FHCCC shall comply with all
applicable provisions of 24 CFR 570 et seq. including Subpart K thereof except that the
FHCCC does not assume the CITY's non-delegable environmental responsibilities described
in 24 CFR 58 and/or 24 CFR 570-604, and does not assume the City's responsibility for
initiating the review process under Executive Order 12372.
a. Both City and FHCCC agree to jointly and severally comply with the
requirements of the Office of Management and Budget Circular A-87, "Cost Principles for
State, Local, and lndian Tribal Governments"; OMS Circular A-133 "Audits of States, Local
Governments and Non-Profit Organizations"; 24 CFR Part 85 "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments"; and
24 CFR Part 570.502 "Applicability of Uniform Administrative Requirements". Each party shall
be responsible for determining the applicability of the foregoing.
b. The FHCCC agrees to comply with all applicable requirements of Section 504
of the Rehabilitation Act of 1973and HUD implementing regulation 24 CFR Part8.
c. The FHCCC agrees to inform the City in writing of any program income
generated by the expenditure of CDBG funds. Any program income generated as a result of
the Fair Housing Services must be paid to the City for deposit into the City's CDBG Program
Fund. For purposes of this Agreement, program income shall be as defined in the Act. The
requirements of this section 12 shall survive termination of the Agreement.
13. Contract Award. The FHCCC will be responsible for all aspects of the Fair Housing
Services contract award and management including any required advertising for bids and
shall award the contract to the lowest responsive and responsible bidder. The FHCCC shall
verify with the Labor Relations and Equal Opportunity Division of the U.S. Department of
Housing & Urban Development (HUD) Area Office that any low bidder has not been
debarred or suspended from participating in federal Fair Housing Services.
a. Any such award shall be subject to allthe terms and conditions herein.
14. Discrimination Prohibited.The FHCCC agrees to comply with the City's Fair
Employment Practices and shall not employ discriminatory practices in the provision of
services, employment of personnel, or in any other respect on the basis of race, color,
religion, sex, national origin, ancestry, or physical or mental handicapped. More specifically,
the FHCCC agrees as follows:
a. No person in the United States shall, on the grou¡ds of race, color, religion,
nationaf origin, sex or sexual preference, ancestry, or physical or mental handicap be
excluded from participation in, be denied the benefits of, or be subject to discrimination under
any program or activity made possible by or resulting from this Agreement.
b. The FHCCC will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual preference, national origin, ancestry,
or physical or mental handicap. The FHCCC shall take affirmative action to ensure that
applicants are employed, and the employees are treated during employment, without regard
to their race, color, religion, sex, national origin, ancestry, or physical or mental handicap.
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. The
FHCCC agrees to post in conspicuous places available to employees and applicants for
employment, notices setting forth the provision of this nondiscrimination clause.
c. The FHCCC will, in all solicitation or advertisements for employees placed by
or on behalf of the FHCCC; state all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, sexual preference, national origin,
ancestry or physical or mental handicap.
d. The FHCCC 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 the FHCCC'S commitment under this
section and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
15. Conflict of lnterest. Prior to City's execution of this Agreement, FHCCC shall complete
a City of Fresno Conflict of lnterest Disclosure Statement. Said Statement is attached hereto
as Exhibit "8" and incorporated herein by reference. During the term of this Agreement,
FHCCC shall have the obligation and duty to immediately notify City in writing of any change
to the information provided by FHCCC on Exhibit "B".
a. No member, officer, or employee of the FHCCC or its designees or agents
who exercise any function or responsibility with respect to the programs during his/her tenure
or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or
subcontract, or the proceeds thereof, for Services to be performed in connection with this
Agreement. The FHCCC shall incorporate, or cause to be incorporated, in all contracts and
subcontracts a provision prohibiting such interest pursuant to the purposes of this section 15.
b. FHCCC shall not employ or retain the services of any person while such
person either is employed by City or is a member of any City commission, board, committee,
or similar City body. This requirement may be waived by the City's Chief Administrative
Officer if no actual or potential conflict is involved.
c. FHCCC shall comply with all applicable laws, rules, regulations and
requirements governing avoidance of impermissible conflicts, including without limitation the
requirements of the California Political Reform Act (Government Code Section 87100 et. seq.)
and the regulations of the Fair Political Practices Commission concerning disclosure and
disqualification (2 California Code of Regulations Section 18700 et. seq.).
d. FHCCC represents and warrants that as of the effective date hereof, it
represents no client or customer whose interests are adverse to the City's.
e. This section lSshall survive expiration ortermination of this Agreement.
16. lndemnification. The FHCCC shall indemnify, hold harmless and defend the City and
each of its officers, officials, employees, agents and volunteers from any and all loss, liability,
fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability,
including but not limited to personal injury, death at any time and property damage) incurred
by the City, the FHCCC or any other person, and from any and all claims, demands and
actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to
have arisen directly or indirectly out of the performance of this Agreement. The FHCCC'S
obligations under the preceding sentence shall apply regardless of whether the City or any of
its officers, officials, employees agents or volunteers are actively or passively negligent, but
shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused
solely by the active negligence or by the willful misconduct of the City or any of its officers,
officials, employees, agents or volunteers.
a. lf the FHCCC should subcontract all or any portion of the work to be
performed under this Agreement, the FHCCC shall require each subcontractor to indemnify,
hold harmless and defend the City and each of its officers, officials, employees, agents and
volunteers, in accordance with the terms of the preceding paragraph.
b. This section shall survive termination or expiration of this Agreement.
17. lnsurance. Throughout the life of this Agreement, the FHCCC shall pay for and
maintain in full force and effect all policies of insurance required hereunder with an insurance
company(s) either (l)admitted by the California lnsurance Commissioner to do business in the
State of California and rated not less than "A-Vll" in Best's lnsurance Rating Guide; or (ii)
authorized by the City's Risk Manager. The following policies of insurance are required:
1. COMMERCIAL GENERAL LIABILITY:
2.
(i)
(¡i)
( iii)
(iv)
$1,000,000 per accident for bodily injury and property damage.
WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;(i¡) $1,000,000 disease each employee; and,(iii) $1,000,000 disease policy limit.
PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate,
UMBRELLA OR EXCESS INSURANCE
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$1,000,000 per occurrence for bodily injury and property damage;
$1,000,000 per occurrence for personal and advertising injury;
$2,000,000 aggregate for products and completed operations; and,
$2,000,000 general aggregate applying separately to the work performed
under the Agreement.
COMM ERCIAL AUTOMOBILE LIABILITY:
3.
4.
5.
ln the event FHCCC purchases an Umbrella or Excess insurance policy(ies) to meet the
"Minimum Limits of lnsurance," this insurance policy(ies) shall "follow form" and afford no less
coverage than the primary insurance policy(ies). ln addition, such Umbrella or Excess insurance
policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the CITY, its
officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF.INSURED RETENTIONS
FHCCC shall be responsible for payment of any deductibles contained in any insurance
policy(ies) required herein and FHCCC shall also be responsible for payment of any self-insured
retentions. Any deductibles or self-insured retentions must be declared to on the Certificate 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:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents and
volunteers; or(ii) FHCCC 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. FHCCC shall establish additional insured status for the
City and for all ongoing and completed operations by use of ISO Form
CG20 10 1185 or both CG20101001 and CG20 37 10 01 or by an executed
manuscript insurance company endorsement providing additional insured status
as broad as that contained in ISO Form CG 201011 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers. Any
available insurance proceeds in excess of the specified minimum limits and
coverage shall be available to the Additional lnsured.
3. For any claims relating to this Agreement, FHCCC'S insurance coverage shall be
primary insurance with respect to the CITY, its officers, officials, employees,
agents and volunteers. Any insurance or self-insurance maintained by the CITY,
its officers, offlcials, employees, agents and volunteers shall be excess of
FHCCC'S insurance and shall not contribute with it. FHCCC 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: FHCCC and its insurer shall waive any right of subrogation against CITY, its
officers, officials, employees, agents and volunteers.
is written on a claims-made
form:
1. The retroactive date must be shown, and must be before the effective date of the
Agreement or the commencement of work by FHCCC.
2. lnsurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the Agreement work or termination of the
Agreement, whichever occurs first, or, in the alternative, the policy shall be
endorsed to provide not less than a five (5) year discovery period.
3. lf coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a retroactive date prior to the effective date of the Agreement or
the commencement of work by FHCCC, FHCCC must purchase "extended
reporting" coverage for a minimum of five (5) years completion of the Agreement
work or termination of the Agreement, whichever occurs first'
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Agreement.
All policies of insurance required herein shall be endorsed to provide that the coverage shall not
be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar
days written notice by certified mail, return receipt requested, has been given to CITY. FHCCC is
also responsible for providing written notíce 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, FHCCC shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). ln the event any policy is due to expire during the work to be
performed for CITY, FHCCC shall provide a new certificate, and applicable endorsements,
evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration
date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by any defense costs, then the requirement for the
Limits of Liability of these polices will be twice the above stated limits.
VERIFICATION OF COVERAGE
FHCCC shall furnish CITY with all certificate(s) and applicable endorsements effecting
coverage required hereunder. All certificates and applicable endorsements are to be received
and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S execution of the
Agreement and before work commences. All non-lSO endorsements amending policy coverage
shall be executed by a licensed and authorized agent or broker. Upon request of CITY, FHCCC
shall immediately furnish City with a complete copy of any insurance policy required under this
Agreement, including all endorsements, with said copy certified by the undenruriter to be a true
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and correct copy of the original policy. This requirement shall survive expiration or termination of
this Agreement.
18. FHCCC Certification.
a. The FHCCC certifies to the best of its knowledge and belief that no federally
appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, or a
member of Congress, or an officer or employee of Congress, or an employee of a member of
Congress, in connection with the awarding of any federal contract, the making of any federal
grant, the making of any federal loan, the entering into of any cooperative agreement, or the
extension, continuation, renewal, amendment or modification or any Federal contract, grant,
loan, or cooperative agreement.
b. lf any funds other than federally appropriated funds have been paid or will be
paid to a person for influencing an officer or employee of any agency, a member of Congress,
an officer or employee of Congress, or an employee of a member of Congress in connection
with this federal contract, grant, loan, or cooperative agreement, the FHCCC shall complete
and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
c. The FHCCC shall require that the language of the above certification be
included in the documents for all subrecipient tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
d. This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this Agreement.
19. lndependent Contractor. ln the furnishing of the services provided for herein, the
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FHCCC is acting as an independent contractor. Neither the FHCCC, nor any of its officers,
associates, agents or employees shall be deemed an employee or agent of the City for any
purpose. Nothing in this Agreement shall create a limited or general partnership or joint
venture. FHCCC shall have no authority to bind the City absent City's express written
consent. Except to the extent othen¡vise provided in this Agreement, FHCCC shall bear its
own costs/expenses in pursuit hereof.
20. 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
or deposited into the United States 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.
21. Bindinq. Subject to section 22below, once this Agreement is signed by all parties, it
shall be binding upon, and shall inure to the benefit of, all parties, and each parties' respective
heirs, successors, assigns, transferees, agents, servants, employees and representatives.
22. Assisnment. This Agreement is personal to the FHCCC and there shall be no
assignment by the FHCCC of its rights or obligations under this Agreement without the prior
written approval of the City. Any attempted assignment by the FHCCC, its successors or
assigns, shall be null and void unless approved in writing by the City.
23. Waiver. The waiver by either party of a breach by the other of any provisions 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.
a. No provision of this Agreement may be waived unless in writing and signed by
all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a
waiver of any other provision herein.
24. Governinq Law and Venue. This Agreement shall be governed by, and construed and
enforced in accordance with, the laws of the State of California. 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, California.
25. Headinq. 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.
26. 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.
27. lnterpretation. The parties acknowledge that this agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this Agreement
be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement in favor of, or against any party, but rather by construing the terms in accordance
with their generally accepted meaning.
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28. Attorney's Fees. lf either party is required to commence any proceeding or legal action
to enforce or interpret any term, covenant or condition of this Agreement, the prevailing party
in such proceeding or action shall be entitled to recover from the other party its reasonable
attorney's fees and legal expenses.
29. Time of Essence. Time is of the essence for the performance of this Agreement.
30, Extent of Aqreement. Each party acknowledges that they have read and fully
understands 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 and agreements, either written or oral. This
Agreement may be modified only by written instrument duly authorized and executed by both
the City and the FHCCC.
31. Precedenceof Documents. ln the event any conflict between the body of this
Agreement and any Exhibit or Attachment thereof, the body of this agreement shall control
and take precedence.
ilt
ilt
ill
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lN WITNESS WHEREOF, the parties have
California, the day and year first above written.
CITY OF FRESNO
executed this Agreement at Fresno
FAIR HOUSING
CENTRAL CALI
COUNCIL OF
IA
M.J.
Executive Director
(Provide notary certificate of acknowledgement)
ADDRESSES
FHCCC:
M. J. Borelli, Executive Director
333 W Shaw, Suite 14
Bruce Rudd
City Manager
ATTEST:
Yvonne Spence
CITY Clerk
By
By: resno, CA 93704
Deputy Mr+t¿ lVlutiac?Ål
APPROVED AS TO FORM:
Doug Sloan
ClTYAttorney
ú^v
Tracy N.Deputy lL.l-\,
Attachments:Exhibit A - Budget
Exhibit B - Disclosure
CITY:
City of Fresno
Development and Resource Management
CDBG Section
Attn: Crystal Smith
2600 Fresno Street, Room 3070
Fresno CA 93721
of Conflict of lnterest
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CALIFORNIA
ALL-PU RPOSE 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 validity of that document.
STATE OF CALIFORNIA
COUNTY OF Fresno } S.S.
On November 20 2015 before me, Erica Castaneda a Notary Public,
personally appeared ***M.J Borelli***
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ilare subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
Signature
Commrssion # 2008360
Î{otary Public - Calilornir
Fresno County
Comm. Erpires |le¡ 22, 2017
Description of document (optional)
FAIR HOUSING SERVICES AGREEMENT BETWEEN FHCCC AND THE CITY OF FRESNO
Exhib¡t "4"
20'15-2016 Fair Housing Gouncil Budget
BUDGET ITEM COST
Personnel/Direct labor 12.000
Personnel Fringe (Health, FICA,
SUI)
1,375
Worker's Comp lns.500
TOTAL PERSONNEL 13,875
OTHER DIRECT COSTS
Office Supolies 500
General Liabilitv lnsurance 500
Copv Cost (Lease/Maintenance)2,500
Office Space Costs (Rent, Utilities)8.400
Communication (Phone/Data Lines)1,825
Education & Outreach (Materials Cost)2,400
TOTAL OTHER DIRECT COSTS 16,125
TOTAL SERVICE COSTS 30,000
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Exhibit "8"
DISCLOSURE OF CONFLICT OF INTEREST
YES"NO
1 Are vou currentlv in litiqation with the Citv of Fresno or any of its aqents?X
2.Do you represent any firm, organization or person who is in litigation with the
Citv of Fresno?f
3 Do you currently represent or perform work for any clients who do business
with the Citv of Fresno?{
4 Are you or any of your principals, managers or professionals, owners or
investors in a business which does business with the City, or in a business
which is in litiqation with the Citv?
5.Are you or any of your principals, managers or professionals, related by
blood or marriage to any City employee who has any signifcant role in the
subiect matter of this service?Í
6 Are you employed by any other jurisdictions or agencies?,l
lf the answer to any question is yes, please explain in full.
ñ
MJ
\--.t I
Executive Director
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