Fresno City Council
May 2, 2024

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AGREEMENT

CITY OF FRESNO, CALIFORNIA

CONSULTANT SERVICES

THIS AGREEMENT (Agreement) is made and entered into, effective on May 2, 2024, by and between the CITY OF FRESNO, a California municipal corporation (City), and Mosaic Community Planning, a Limited Liability Corporation (Consultant).

RECITALS
WHEREAS, the City desires to obtain professional consultant services for the 2025-2029 Consolidated Plan and 2025 Analyisis of Impediments to Fair Housing (Project); and WHEREAS, the Consultant is engaged in the business of furnishing services as a community planning consultant and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and
WHEREAS, the Consultant acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107 and Administrative Order No. 6-19; and
WHEREAS, this Agreement will be administered for the City by its Development and Planning Director (Administrator) or designee.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants, conditions, and premises hereinafter contained to be kept and performed by the respective parties, it is mutually agreed as follows:

1. Scope of Services. The Consultant shall perform to the satisfaction of the City the services described in Exhibit A, including all work incidental to, or necessary to perform, such services even though not specifically described in Exhibit A.

2. Term of Agreement and Time for Performance. This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through July 31, 2025, subject to any earlier termination in accordance with this Agreement. The services of the Consultant as described in Exhibit A are to commence upon the Effective Date and shall be completed in a sequence assuring expeditious completion, but in any event, all such services shall be completed prior to expiration of this Agreement and in accordance with any performance schedule set forth in Exhibit A.

3. Compensation.
(a) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement shall not exceed $144,337.50, paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit A.
(b) Detailed statements shall be rendered monthly for services performed in the preceding month and will be payable in the normal course of City business. 











 
 

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The City shall not be obligated to reimburse any expense for which it has not received a detailed invoice with applicable copies of representative and identifiable receipts or records substantiating such expense. (c) The parties may modify this Agreement to increase or decrease the scope of services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to the Consultant’s compensation. Any change in the scope of services must be made by written amendment to the Agreement signed by an authorized representative for each party. The Consultant shall not be entitled to any additional compensation if services are performed prior to a signed written amendment.

4. Termination, Remedies, and Force Majeure.
(a) This Agreement shall terminate without any liability of the City to the Consultant upon the earlier of: (i) the Consultant’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against the Consultant; (ii) seven calendar days prior written notice with or without cause by the City to the Consultant; (iii) the City’s non-appropriation of funds sufficient to meet its obligations hereunder during any City fiscal year of this Agreement, or insufficient funding for the Project; or (iv) expiration of this Agreement. (b) Immediately upon any termination or expiration of this Agreement, the Consultant shall (i) immediately stop all work hereunder; (ii) immediately cause any and all of its subcontractors to cease work; and (iii) return to the City any and all unearned payments and all properties and materials in the possession of the Consultant that are owned by the City. Subject to the terms of this Agreement, the Consultant shall be paid compensation for services satisfactorily performed prior to the effective date of termination.

The Consultant shall not be paid for any work or services performed or costs incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of the Consultant to satisfactorily perform in accordance with the terms of this Agreement, the City may withhold an amount that would otherwise be payable as an offset to, but not in excess of, the City’s damages caused by such failure. In no event shall any payment by the City pursuant to this Agreement constitute a waiver by the City of any breach of this Agreement which may then exist on the part of the Consultant, nor shall such payment impair or prejudice any remedy available to the City with respect to the breach.
(d) Upon any breach of this Agreement by the Consultant, the City may (i) exercise any right, remedy (in contract, law or equity), or privilege which may be available to it under applicable laws of the State of California or any other applicable law; (ii) proceed by appropriate court action to enforce the terms of the Agreement; and/or (iii) recover all direct, indirect, consequential, economic and incidental damages for the breach of the Agreement. If it is determined that the City improperly terminated this 











 
 

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Agreement for default, such termination shall be deemed a termination for convenience.
(e) The Consultant shall provide the City with adequate written assurances of future performance, upon Administrator’s request, in the event the Consultant fails to comply with any terms or conditions of this Agreement. (f) The Consultant shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Consultant and without its fault or negligence such as, acts of God or the public enemy, acts of the City in its contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Consultant shall notify Administrator in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, and shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to Administrator of the cessation of such occurrence.

5. Confidential Information and Ownership of Documents. (a) Any reports, information, or other data prepared or assembled by the Consultant pursuant to this Agreement shall not be made available to any individual or organization by the Consultant without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, the Consultant shall not, without the prior written consent of the City, disclose to anyone any Confidential Information. The term Confidential Information for the purposes of this Agreement shall include all proprietary and confidential information of the City, including but not limited to business plans, marketing plans, financial information, materials, compilations, documents, instruments, models, source or object codes and other information disclosed or submitted, orally, in writing, or by any other medium or media. All Confidential Information shall be and remain confidential and proprietary in the City.
(b) Any and all writings and documents prepared or provided by the Consultant pursuant to this Agreement are the property of the City at the time of preparation and shall be turned over to the City upon expiration or termination of the Agreement. The Consultant shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein.
(c) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 5. (d) This Section 5 shall survive expiration or termination of this Agreement.

6. Professional Skill. It is further mut ually understood and agreed by and between the parties hereto that inasmuch as the Consultant represents to the City that the Consultant and its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said profession necessary to perform 











 
 

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the services agreed to be done by it under this Agreement, the City relies upon the skill of the Consultant and any subcontractors to do and perform such services in a skillful manner and the Consultant agre es to thus perform the services and require the same of any subcontractors. Therefore, any acceptance of such services by the City shall not operate as a release of the Consultant or any subcontractors from said professional standards.

7. Indemnification. To the furthest extent allowed by law, the Consultant 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), and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses, and costs to enforce this agreement) that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the Consultant, its principals, officers, employees, agents, or volunteers in the performance of this Agreement.

If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant 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.

This section shall survive termination or expiration of this Agreement.

8. Insurance.
(a) Throughout the life of this Agreement, the Consultant shall pay for and maintain in full force and effect all insurance as required in Exhibit B, which is incorporated into and part of this Agreement, with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated no less than “A-VII” in the Best’s Insurance Rating Guide, or (ii) as may be authorized in writing by the City’s Risk Manager or designee at any time and in his/her sole discretion.

The required policies of insurance as stated in Exhibit B shall maintain limits of liability of not less than those amounts stated therein. However, the insurance limits available to the City, its officers, officials, employees, agents, and volunteers as additional insureds, shall be the greater of the minimum limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Agreement or any extension, the Consultant or any of its subcontractors/sub-consultants fail to maintain any required insurance in full force and effect, all services and work under this Agreement shall be discontinued immediately, and all payments due or that become due to the Consultant shall be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance shall be sufficient 











 
 

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cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Consultant of its responsibilities under this Agreement. The phrase “fail to maintain any required insurance” shall include, without limitation, notification received by the City that an insurer has commenced proceedings, or has had proceedings commenced against it, indicating that the insurer is insolvent. (c) The fact that insurance is obtained by the Consultant shall not be deemed to release or diminish the liability of the Consultant, including, without limitation, liability under the indemnity provisions of this Agreement. The duty to indemnify the City shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Consultant, its principals, officers, agents, employees, persons under the supervision of the Consultant, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

9. Conflict of Interest and Non-Solicitation.
(a) Prior to the City’s execution of this Agreement, the Consultant shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit C . During the term of this Agreement, the Consultant shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by the Consultant in such statement.
(b) The Consultant shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance of impermissible client conflicts; and (ii) federal, state, and local conflict of interest laws and regulations including, without limitation, California Government Code Section 1090 et. seq., the California Political Reform Act (California Government Code Section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations Section 18700 et. seq.). At any time, upon written request of the City, the Consultant shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, the Consultant and the respective subcontractor(s) are in full compliance with all laws and regulations. The Consultant shall take, and require its subcontractors to take, reasonable steps to avoid any appearance of a conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of interest, the Consultant shall immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, the Consultant shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may 











 
 

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be waived in writing by the City Manager, if no actual or potential conflict is involved.
(d) The Consultant represents and warrants that it has not paid or agreed to pay any compensation, contingent or otherwise, direct or indirect, to solicit, or procure this Agreement or any rights/benefits hereunder. (e) Neither the Consultant, nor any of the Consultant’s subcontractors performing any services on this Project, shall bid for, assist anyone in the preparation of a bid for, or perform any services pursuant to, any other contract in connection with this Project unless fully disclosed to and approved by the City Manager, in advance and in writing. The Consultant and any of its subcontractors shall have no interest, direct or indirect, in any other contract with a third party in connection with this Project unless such interest is in accordance with all applicable law and fully disclosed to and approved by the City Manager, in advance and in writing. Notwithstanding any approval given by the City Manager under this provision, the Consultant shall remain responsible for complying with Section 9(b), above. (f) If the Consultant should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, the Consultant shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.

10. Recycling Program. In the event the Consultant maintains an office or operates a facility(ies), or is requi red herein to maintain or operate same, within the incorporated limits of the City of Fresno, the Consultant at its sole cost and expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling program, approved by the City’s Solid Waste Management Division, for each office and facility. Literature describing the City recycling programs is available from the City’s Solid Waste Management Division and by calling City of Fresno Recycling Hotline at (559) 621-1111.
(b) Immediately contact the City’s Solid Waste Management Division at (559) 621-1452 and schedule a free waste audit, and cooperate with such Division in their conduct of the audit for each office and facility. (c) Cooperate with and demonstrate to the satisfaction of the City’s Solid Waste Management Division the establishm ent of the recycling program in paragraph (a) above and the ongoing maintenance thereof.

11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of the City within the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee.












 
 

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(b) Records of the Consultant’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representatives upon request during regular business hours throughout the life of this Agreement and for a period of three years after final payment or, if longer, for any period required by law. In addition, all books, documents, papers, and records of the Consultant pertaining to the Project shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. If any litigation, claim, negotiations, audit or other action is commenced before the expiration of said time period, all records shall be retained and made available to the City until such action is resolved, or until the end of said time period whichever shall later occur. If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this paragraph. This Section 11(b) shall survive expiration or termination of this Agreement.
(c) Prior to execution of this Agreement by the City, the Consultant shall have provided evidence to the City that the Consultant is licensed to perform the services called for by this Agreement (or that no license is required). If the Consultant should subcontract all or any portion of the work or services to be performed under this Agreement, the Consultant shall require each subcontractor to provide evidence to the City that subcontractor is licensed to perform the services called for by this Agreement (or that no license is required) before beginning work.

12. Nondiscrimination. To the extent requ ired by controlling federal, state and local law, the Consultant shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Subject to the foregoing and during the performance of this Agreement, the Consultant agrees as follows:
(a) The Consultant will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical di sability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement.
(b) The Consultant will not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. The Consultant shall ensure that applicants are employed, and the employees are treated during employment, without 











 
 

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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 the Consultant’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. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.
(c) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant in pursuit hereof, state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era.
(d) The Consultant will send to each l abor union or r epresentative 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 Consultant’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(e) If the Consultant should subcontract all or any portion of the services to be performed under this Agreement, the Consultant shall cause each subcontractor to also comply with the requirements of this Section 12.

13. Independent Contractor.
(a) In the furnishing of the services provided for herein, the Consultant is acting solely as an independent contractor. Neither the Consultant, nor any of its officers, agents, or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of the City for any purpose. The City shall have no right to control or supervise or direct the manner or method by which the Consultant shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that the Consultant is performing its obligations in accordance with the terms and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between the Consultant and the City. The Consultant shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, the Consultant shall bear its own costs and expenses in pursuit thereof.












 
 

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(c) Because of its status as an independent contractor, the Consultant and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. The Consultant shall be solely liable and responsible for all payroll and tax withholding and for providing to, or on behalf of, its employees all employee benefits including, without limitation, health, welfare and retirement benefits.

In addition, together with its other obligations under this Agreement, the Consultant shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of the Consultant’s employees, including, without limitation, (i) compliance with Social Security and unemployment insurance withholding, payment of workers’ compensation benefits, and all other laws and regulations governing matters of employee withholding, taxes and payment; and (ii) any claim of right or interest in the City employment benefits, entitlements, programs and/or funds offered employees of the City whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. It is acknowledged that during the term of this Agreement, the Consultant may be providing services to others unrelated to the City or to this Agreement.

14. 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.

15. Binding. Subject to Section 16, below, 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, assi gns, transferees, agents, servants, employees, and representatives.

16. Assignment.
(a) This Agreement is personal to the Consultant and there shall be no assignment by the Consultant of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by the Consultant, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee.
(b) The Consultant hereby agrees not to assign the payment of any monies due the Consultant from the City under the terms of this Agreement to any other individual(s), corporation(s) or entity(ies). The City retains the right to pay any and all monies due the Consultant directly to the Consultant. 











 
 

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17. Compliance With Law. In providing the services required under this Agreement, the Consultant shall at all times comply with all applicable laws of the United States, the State of California and the 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 term of this Agreement.

18. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.

19. Governing 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.

20. Headings. 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.

21. Severability. The provisions of this Agreement are severable. The invalidity, or unenforceability of any one provision in this Agreement shall not affect the other provisions.

22. Interpretation. 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 either party, but rather by construing the terms in accordance with their generally accepted meaning.

23. Attorney's Fees. If 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.

24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the reference, incorporated into and made a part of this Agreement.

25. Precedence of Documents. In 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, shall be null and void.












 
 

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26. 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.

27. No Third Party Beneficiaries. The rights, interests, duties and obligations defined within this Agreement are intended for the specific parties hereto as identified in the preamble of this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it is not intended that any rights or interests in this Agreement benefit or flow to the interest of any third parties.

28. Extent of Agreement. Each party acknowledges that they have read and fully understand the contents of this Agreement. This Agreement represents the entire and integrated agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified only by written instrument duly authorized and executed by both the City and the Consultant.

29. False Information. CONSULTANT is advised that providing false, fictitious or misleading information with respect to CDBG funds may result in criminal, civil or administrative prosecution under 18 U.S.C. § 1001, 18 U.S.C. § 1343, 31 U.S.C. § 3729, 31 U.S.C. § 3801 or another applicable statute. CONSULTANT shall promptly refer to CITY and HUD’s Office of the Inspector General any credible evidence that a principal, employee, agent, subcontractor, or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving CDBG funds. CONSULTANT shall ensure that contractual language in third party contracts enforces these provisions.

30. Access to Project Site and Records. CONSULTANT will provide access to the CITY, HUD, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. CONSULTANT will retain all required records for three years after final payments are made and all other pending matters are closed.

CONSULTANT will provide suitable access to the project site at all reasonable times during construction to the CITY, HUD, the Comptroller General of the United States, or any of their duly authorized representatives. CONSULTANT shall also meet all reporting requirements to allow City to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282).

31. Equal Employment Opportunity. CONSULTANT shall abide by all Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR par t 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor. All contracts and subcontracts entered into will contain the following equal opportunity clause:












 
 

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During the performance of this contract, the CONSULTANT agrees as follows:
(1) The CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. 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 CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The CONSULTANT will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONSULTANT's legal duty to furnish information.
(4) The CONSULTANT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONSULTANT's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The CONSULTANT will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The CONSULTANT will fu rnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of 











 
 

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Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the CONSULTANT's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONSULTANT may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The CONSULTANT will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONSULTANT will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Reporting Requirements
CONSULTANT and any proposed subcontractor shall comply with the filing requirements of 41 CFR §60-1.7 by filing Standard Form 100 (EEO-1) only if (1) the CONSULTANT has 50 or more employ ees; and (2) the contract value will be greater than $50,000.

CONSULTANT and any proposed subcontractor shall complete the Affirmative Action Program Certification of Compliance only if (1) the CONSULTANT has 50 or more employees; (2) the work is for non-construction supply or service; and (2) the contract value will be greater than $50,000.

Elimination of Segregated Facilities
CONSULTANT shall ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensuring that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. This obligation extends to all contracts containing the equal opportunity clause regardless of the amount of the contract. The term “facilities,” as used in this section, means waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, wash rooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees; Provided, That separate or single-user restrooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes. 











 
 

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32. Suspension and Debarment. By entering into this Agreement, the CONSULTANT certifies that neither it nor any person or firm who has an interest in the CONSULTANT’s firm is a person or firm ineligible to be awarded Government contracts, contracts or participate in programs pursuant to 2 CFR Part 180.

The CONSULTANT agrees that no part of this work shall be subcontracted to any person or parties listed on the government-wide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235). In addition, CONSULTANTs shall ensure that contractual language in third party contracts enforce this provision.

33. Subcontracting. The CONSULTANT shall take the following steps to ensure that, whenever possible, subcontracts are awarded to small business firms, minority firms, women's business enterprises, and labor surplus area firms described in Executive Orders 11625, 12432 and 12138, and 2 CFR part 200:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
(5) Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S.

Department of Commerce, and State and local governmental small business agencies.

Definitions:

Disadvantaged business enterprise (DBE) means an entity owned or controlled by a socially and economically disadvantaged individual as described by Public Law 102-389 (42 U.S.C. 4370d) or an entity owned and controlled by a socially and economically disadvantaged individual as described by Title X of the Clean Air Act Amendments of 1990 (42 U.S.C. 7601 note); a Small Business Enterprise (SBE); a Small Business in a Rural Area (SBRA); or a Labor Surplus Area Firm (LSAF), a Historically Underutilized Business (HUB) Zone Small Business Concern, or a concern under a successor program.

Labor surplus area firm (LSAF) means a concern that together with its first-tier subcontractors will perform substantially in labor surplus areas (as identified by the Department of Labor in accordance with 20 CFR part 654). Performance is 











 
 

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substantially in labor surplus areas if the costs incurred under the contract on account of manufacturing, production or performance of appropriate services in labor surplus areas exceed 50 percent of the contract price.

Minority business enterprise (MBE) means a business enterprise that is at least 51 percent owned by a minority group or groups including: a Disadvantaged Business Enterprise (DBE) other than a Small Business Enterprise (SBE), a Labor Surplus Area Firm (LSAF), a Small Business in Rural Areas (SBRA), or a Women's Business Enterprise (WBE).

Small business, small business concern or small business enterprise (SBE) means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR part 121.

Women's business enterprise (WBE) means a business concern which is at least 51% owned or controlled by women. Determination of ownership by a married woman in a community property jurisdicti on will not be affected by her husband's 50 percent interest in her share. Similarly, a business concern which is more than 50 percent owned by a married man will not become a qualified WBE by virtue of his wife's 50 percent interest in his share.

34. Procurement of Recovered Materials. CONSULTANT must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

35. Energy Efficiency. CONSULTANT will comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation (42 U.S.C. 6201).

36. Anti-Lobbying. CONSULTANT certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Further, the contractor agrees to disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

37. Clean Air Act. CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 











 
 

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7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

38. The City Manager, or designee, is hereby authorized and directed to execute and implement this Agreement. The previous sentence is not intended to delegate any authority to the City Manager to administer the Agreement, any delegation of authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]












 
 

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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, the day and year first above written.

CITY OF FRESNO,
a California municipal corporation

By:

Georgeanne A. White,
City Manager

APPROVED AS TO FORM:

ANDREW JANZ
City Attorney

By:

Jennifer M. Wharton Date
Deputy City Attorney

ATTEST:

TODD STERMER, CMC
City Clerk

By:

Deputy

Addresses:

CITY:

City of Fresno
Attention: Karen Jenks, Housing and
Neighborhood Revitalization Manager
2600 Frenso Street
Fresno, CA 93721
Phone: (559) 621-8300
E-mail: [email protected]
Mosaic Community Planning,
a Limited Liability Corporation

By:

Name:

Title:
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)

By:

Name:

Title:
(If corporation or LLC., CFO, Treasurer,
Secretary or Assistant Secretary)

Any Applicable Professional License:

Number:

Name:

Date of Issuance:

CONSULTANT:

Mosaic Community Planning, LLC
Attention: Jeremy Gray, Principal
PO Box 170349
Atlanta, GA 31117
Phone: (470) 435-6020
E-mail:
[email protected]

Attachments:

1. Exhibit A - Scope of Services

2. Exhibit B - Insurance Requirements

3. Exhibit C - Conflict of Interest Disclosure Form













 
 

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ALL-B Generic CSA Not to Exceed (07-2023)

EXHIBIT A

SCOPE OF SERVICES
Consultant Service Agreement between City of Fresno (City) and Mosaic Community Planning, LLC (Consultant)
2025-2029 Consolidated Plan and 2025 Analysis of Impediments

Consolidated Plan - Scope of Services
Phase 1: Project Kickoff
Task 1.1 – Initial Meeting
CONSULTANT will hold an initial meeting with City of Fresno Community Development Division staff to review and finalize project expectations, scope of work, and data needs.

CONSULTANT will specifically discuss the City’s goals for its Consolidated Plan and Annual Action Plan, along with preliminary planning related to citizen participation.

Task 1.2 - Review of Previous Plans and Studies
CONSULTANT will review Fresno’s recent Annual Action Plans a nd CAPERs, and any other relevant community plans or studies, such as the City’s General Plan and Housing Element, neighborhood plans, community plans, and Parks Master Plan to understand the community’s vision for the future and the infrastructure and development needs that can potentially be addressed with CDBG funding.

Task 1.3 - Citizen Participation Plan Update
Guided by HUD’s citizen participation re gulations and feedback from City staff, CONSULTANT will review the City’s current Citizen Participation Plan (CPP) and propose revisions that may be necessary to comply with HUD standards and better align with the City’s outreach objectives. A revised draft of the CPP will be prepared for public comment and City Council adoption so as to be effective prior to beginning the participation and consultation process for the 2025-2029 Plan.

Task 1.4 - Public Outreach Strategy
Based on the updated CPP, the Public Outreach Strategy will outline the specific steps, strategies, and timelines to be employed by CONSULTANT in the engagement of the public. The strategy will include a meeting schedule; a list of stakeholders to be engaged and consulted; a bank of interview, focus group, and public meeting questions; a draft public survey for use in hard copy and online; a detailed outreach plan to maximize citizen participation; and copy for newspaper notices, flyers, press releases, and other advertisement for the project. Surveys and promotional materials will be translated into Spanish, Hmong, and Punjabi as needed and outreach strategies will be developed to ensure full and meaningful participation is achieved by these population groups.

At the City’s option, CONSULTANT will deve lop a website dedicated to the local Consolidated Plan process as one avenue for interaction with the public. Detailed analytics will be used to track traffic and in teraction with the site, which will include an overview of the planning process and HUD grant programs, upcoming project events, links to the public survey, and draft documents as they are available. 











 
 

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Phase 2: Data Collection and Community Engagement Process Task 2.1 - Data Gathering
CONSULTANT will download the City’s Cons olidated Plan and Annual Action Plan template from the eCon Planning Suite in IDIS. CONSULTANT will review all pre- populated data and check for accuracy. CONSULTANT’s team will source Fresno’s Consolidated Plan data from the best available resources, supplementing where possible with local or regional data. During this step, CONSULTANT will also generate maps of low- and moderate-income areas using CONSULTANT’s in-house GIS capabilities.

Task 2.2 - Gather Public Input
CONSULTANT’s IMPACT Stakeholder Engagement Model is designed to bring together interested parties in an intentional way and to engage them meaningfully in development of the Consolidated Plan and Annual Action Plan.

This model will serve as the backbone for CONSULTANT’s community outreach effort, encouraging input from residents, community development practitioners, affordable/subsidized housing providers, health and human/social service agencies, state or local health and child welfare agencies, adjacent local governments, businesses, broadband providers, emergency management professionals, and others. The process will pay particular attention to low- and mode rate-income persons, including those living in low/moderate income areas, seniors, limited English proficiency (LEP) populations, persons with disabilities, and residents of affordable and assisted housing developments.

While ultimately to be determined in consultation with City staff, CONSULTANT anticipates a community outreach process that includes the following. A mixture of in- person and remote meeting formats is suggested to meet the varying needs and availability of different groups.
x Facilitating up to eight (8) community needs assessment meetings to be held at day and evening times so as to be accessible to the general public; x Facilitating up to four (4) resident fo cus groups through local social service organizations or housing providers targeted to key demographic segments relevant to the Con Plan;
x Up to twenty (20) individual interviews with housing and community development stakeholders, to be identified in cooperation with City staff; x Pop-up engagement may take the form of joining existing community events or conducting intercept interviews in busy community spaces to collect informal input from residents. Up to six (6) pop-up engagement activities will be conducted.
x Needs assessment survey for residents and other stakeholders, including non- profit organizations and community advocates. The multi-lingual survey will be available online and in hard copy in English, Spanish, Hmong, and Punjabi and publicized via email, social media, and local organizations; x Development of a project website and/or of website copy to be placed on the City’s website and social media; and












 
 

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x Holding one (1) priority-setting workshop during drafting of the Consolidated Plan. This interactive, solution-focused workshop is intended to enlist attendees’ input in refining the set of draft Consolidated Plan priorities and consider goals and outcome measures that will be effective in gauging progress over the five-year plan period.
x Facilitating up to two (2) public hear ings/presentations to members of the public, elected officials, and/or other groups of stakeholders, including during plan preparation and for approval of the final plan.

CONSULTANT will prepare presentation materials for all meetings, along with agendas, handouts, questions/activities, meeting notes, and summaries of results. Public input will be used to identify key themes and findings for inclusion in the Consolidated Plan and will inform priorities and goals. Accommodations for people with disabilities and those with limited English proficiency will be offered as needed, including translation of the survey and public notices into Spanish, Hmong, a nd Punjabi. CONSULTANT will work with all City-provided interpreters and captioners to ensure meetings and events flow smoothly.

After community outreach events, CONSUL TANT will debrief as a team and with City staff to assess turnout and identify any areas where there may be a need to broaden participation. Meeting styles will vary from meeting to meeting to respond to unique circumstances or group dynamics that may arise.

Phase 3: Consolidated Plan and Annual Action Plan Analysis and Drafting Task 3.1 - Data Analysis to Develop Priorities
To help the City set Consolidated Plan priorities, CONSULTANT will propose draft recommendations, based on the following:
x Key themes identified by residents and stakeholders during community meetings, focus groups, interviews, and the community survey; x Analysis of Census, American Community Survey, Comprehensive Housing Affordability Strategy (CHAS), and public housing authority data, and other pre- populated data provided by HUD;
x Analysis of point-in-time homeless counts and the existing supply of emergency, transitional, and permanent supportive housing; x Consideration of data and objectives contained in the City’s Housing Element; x Assessment of Fair Housing findings and comments; and x Existing barriers to affordable housing.

Task 3.2 - Preparation of the Consolidated Plan
Based on public input, quantitative research, and other findings, CONSULTANT will prepare a draft of the Consolidated Plan, including the elements outlined below:

Executive Summary: A concise Executive Summary will serve as an introduction to and summary of the Plan. It will highlight the Plan’s priorities and describe how those priorities 











 
 

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will be addressed. While included as a required component of the overall Consolidated Plan, the Executive Summary will be written such that it can stand alone as its own document and be a simplified version of the plan more easily accessible to the general public.

The Process : This section of the Consolidated Plan will name the Lead Agency overseeing development of the Consolidated Plan and responsibility for administration of the City’s CDBG, HOME, ESG, and HOPWA funds. This section will also outline the process by which the Plan was prepared and citizens were engaged in its creation, including a description of the required consultations with other agencies and organizations.

Needs Assessment : CONSULTANT will research and draft the Needs Assessment section of the City’s Consolidated Plan. This section will provide an analysis of the affordable housing, special needs housing, community development, and homelessness needs in Fresno. It will analyze data concerning housing conditions and housing problems and how those housing problems may disproportionately affect various population groups. A discussion of specific housing problems, including cost-burdened, severe cost- burdened, lacking facilities, and overcrowding will be included.

The section will assess the housing needs of the homeless, elderly, frail elderly, persons with disabilities, persons with alcohol or other drug addiction, persons with HIV/AIDS and their families, and public housing residents. The narrative will include characteristics and needs of low-income and extremely low-income individuals and children who are currently housed but at imminent risk of homelessne ss. It will also discuss local policies and procedures for HMIS administration.

Non-housing community development needs will also be analyzed, including the need for economic development, public facilities, public improvements, and public services.

CONSULTANT will discuss broadband needs for low- and moderate-income households, as well as the availability of broadband service in Fresno, including consideration of the possible need for increased availability and/or competition among internet service providers. To address environmental resiliency, CONSULTANT will discuss possible risks faced by low- and moderate-income households and any policies or programs intended to minimize those risks.

Market Analysis: CONSULTANT will research and draft the Market Analysis section of the City’s Consolidated Plan. This section will lay out the context in which the City will administer its community development programs over the course of the Consolidated Plan period.

This section of the Plan will analyze the local housing market, including present conditions for supply and demand by tenure, as well as an assessment of local housing prices, market activity, and areas of the city that have recently seen price increases.

This section will also assess lead-based paint hazards, the supply and demand for public and assisted housing/Section 8 vouchers, fac ilities and services for the homeless, and housing and services for people with disabilit ies or other special needs. The Market Analysis will conclude with an assessment of barriers to affordable housing and a 











 
 

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comparison of the needs assessed in the prior component to the market conditions present in the city.

Strategic Plan: CONSULTANT will draft the Strategic Plan, which will provide a summary of the goals and objectives the City plans to address, including performance measurements for accomplishments and outcomes. This Plan component also offers the City an opportunity to set any geographic priorities and to prioritize needs in general. The strategy will also reflect strategic plans of other City departments, to the extent they overlap with community development priorities.

Task 3.3- Preparation of the Annual Action Plan
CONSULTANT will draft the First Year Action Plan, which will describe the specific actions, activities, and programs the City will implement during the first year of the Consolidated Plan period to address the priority needs and goals. The Action Plan will specify the City’s goals for affordable housing, homelessness, and other special needs and indicate the resources anticipated to be available to address them. GIS maps will be used to identify low- and moderate-income areas and geographies that will receive direct assistance during the program year. Grant-specific requirements, such as accounting for CDBG program income and HOME resale/recapture policies, are also contained in the Action Plan. CONSULTANT will incorporate project information as provided by City staff, linking each to appropriate goals and priorities in the Five-Year Plan to facilitate tracking in IDIS and in future CAPERs.

Task 3.4 - Provide Consolidated Plan and Annual Action Plan Fi rst Drafts to the City
CONSULTANT will provide drafts of the complete Consolidated Plan and Annual Action Plan to City staff for internal review and comment. With input from City staff, CONSULTANT will refine the drafts and prepare them for public comment. Upon finalizing a draft for public review and comment, CONSULTANT will initiate translations of the document into Spanish, Hmong, and Punjabi. Sixteen (16) bound hard copies and one (1) loose copy of the ADA-accessible English version will be provided to the City along with electronic formats in Word and PDF. Translations will be pr ovided in electronic formats only.

Phase 4: Plan Presentation and Approval
Task 4.1 - Presentations and Public Comment Period
CONSULTANT will hold a 30-day public comment period and hearing(s) to receive comments on the draft Consolidated Plan and Annual Action Plan. Our team will prepare the requisite public notices and make up to two (2) presentations of the draft Consolidated Plan and Annual Action Plan to members of the public, elected officials, and/or other groups of stakeholders. Presentations will incl ude development of slides or other visual aids as needed. CONSULTANT will work with City staff to identify and coordinate any desired presentation opportunities.

Task 4.2 - Plan Finalization and Approval
CONSULTANT will make any necessary revisions to the Plans based on comments received following the public comment period and hearing(s). CONSULTANT will then 











 
 

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prepare final Word and PDF versions of each document for delivery to the City for final approval by the City Council. CONSULTANT will also prepare appendices including any relevant raw data, copies of flyers and other ads, survey results, and other relevant items.

Task 4.3 - Certifications & SF-424s
HUD guidelines require the City to submit wi th the Consolidated Plan a full set of certifications and the SF-424 and SF-424D fo rms. CONSULTANT will fill in the required forms and ready them for signature by the City’s certifying officer.

Task 4.4 - IDIS Upload and Submission to HUD
Upon approval by elected officials, CONSULTANT will complete entry of the Consolidated Plan and Annual Action Plan into IDIS via the eCon Planning Suite, upload all required attachments, and run a quality check, leaving the plans ready for one-click electronic submission to HUD by the City. CONSULTA NT will be responsible for any revisions required by HUD after submission and, if necessary, will troubleshoot with HUD relative to any IDIS/eCon Planning Suite issues. CONSULTANT will also be available to answer any questions HUD may have regarding the City’s plan submissions until the time HUD has approved them.

Task 4.5 - Submission of Final Plans to City
CONSULTANT will prepare five (5) bound hard copies and one (1) loose master copy of the final Council-adopted document, along with ADA-compliant Word and PDF versions.

Translations of the final document into Sp anish, Hmong, and Punjabi will be prepared and delivered to the City as electronic Word and PDF files. Upon close-out of the project, all other project files (to include GIS files, photos, and graphics) will be transferred to the City.

Analysis of Impediments to Fair Housing – Scope of Services Phase 1: Project Kickoff
Task 1.1 – Initial Meeting
CONSULTANT will hold an initial meeting with City of Fresno Community Development Division staff to review and finalize project expectations, scope of work, and data needs.

CONSULTANT will specifically discuss the City’s goals for its Analysis of Impediments to Fair Housing Choice (AI), along with preliminary planning related to citizen participation.

Task 1.2 - Review of Previous Plans and Studies
CONSULTANT will review Fresno’s recent Annual Action Plans a nd CAPERs, and any other relevant community plans or studies, such as the City’s General Plan and Housing Element, the One Fresno Housing Strategy, the City’s Zoning Ordinance and amendments, neighborhood plans, community plans, and Parks Master Plan to understand potential implications for fair housing and access to community resources.

Task 1.3 - Public Outreach Strategy
Based on the City’s Citizen Participation Strategy, the Public Participation Strategy will outline the specific steps, strategies, and timelines to be employed by CONSULTANT in the engagement of the public. The strategy will include a meeting schedule; a list of 











 
 

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stakeholders to be engaged and consulted; a bank of interview, focus group, and public meeting questions; a draft public survey for use in hard copy and online; and copy for newspaper notices, flyers, press releases, and other advertisement for the project.

At the City’s option, CONSULTANT will develop a website dedicated to the local AI process as one avenue for interaction with the public. Detailed analytics will be used to track traffic and interaction with the site, which will include an overview of the planning process and fair housing resources, upcoming project events, links to the public survey, and draft documents as they are available.

Phase 2: Data Collection and Community Engagement Process Task 2.1 - Data Gathering
CONSULTANT will generate the AI data tables and maps for the city and region using a variety of resources, including HUD’s onlin e Fair Housing Data and Mapping Tool, Census and American Community Survey data, HUD’s Picture of Subsidized Housing data, and HUD’s Comprehensive Housing Affordability Strategy data. In addition to these datasets, CONSULTANT will gather relevant local data such as fair housing complaints, zoning and related ordinances, Home Mortgage Disclosure Act data, information on homelessness, transit system and public school data, and data from other state or local sources. CONSULTANT will also collect fair housing complaint data from HUD’s Fair Housing and Equal Opportunity Office, the State of California Civil Rights Departments, and any other appropriate fair housing agencies for analysis as to trends over time in complaint filings.

Task 2.2 - Gather Public Input
CONSULTANT’s IMPACT Stakeholder Engagement Model (detailed on page 22 of its proposal) is designed to bring together interested parties in an intentional way and to engage them meaningfully in development of the Analysis of Impediments to Fair Housing Choice.

This model will serve as the backbone for CONSULTANT’s community outreach effort, encouraging input from residents, community development practitioners, affordable/subsidized housing providers, fair housing advocates, real estate professionals and mortgage lenders, civil rights organizations, health and human/ social service agencies, state or local health and child welfare agencies, adjacent local governments, businesses, and others. The process will pay particular attention to low- and moderate-income persons, including those living in low/ moderate income areas, seniors, LEP populations, persons with disabilities, and residents of affordable and assisted housing developments.

While ultimately to be determined in consultation with City staff, CONSULTANT anticipates a community outreach process that includes the following. Meetings may be held in person and/or remotely as City and public heath requirements specify. x Facilitating up to eight (8) neighborhood community needs assessment meetings to be held at day and evening times so as to be accessible to the general public;












 
 

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x Facilitating up to four (4) resident fo cus groups through local social service organizations or housing providers targeted to key demographic segments relevant to the AI;
x Up to twenty (20) individual interviews with housing and community development stakeholders, to be identified in cooperation with City staff; x Pop-up engagement may take the form of joining existing community events or conducting intercept interviews in busy community spaces to collect informal input from residents. Up to six (6) pop-up engagement activities will be conducted.
x Needs assessment survey for residents and other stakeholders, including non- profit organizations and community advocates. The multi-lingual survey will be available online and in hard copy in English and Spanish and publicized via email, social media, and local organizations;
x Development of a project website and/or of website copy to be placed on the City’s website and social media; and
x Holding one (1) priority-setting workshop during drafting of the AI. This interactive, solutions-focused workshop is intended to enlist attendees’ input in refining draft fair housing issues and potential strategies to address them over the next five years.
x Facilitating up to two (2) public hearings /presentations before the City Council, including during plan preparation and for approval of the final plan.

CONSULTANT will prepare presentation materials for all meetings, along with agendas, handouts, questions/activities, meeting notes, and summaries of results. Public input will be used to identify key themes and findings for inclusion in the Consolidated Plan and will inform priorities and goals. Accommodations for people with disabilities and those with limited English proficiency will be offered as needed, including translation of the survey and public notices into Spanish.

After community outreach events, CONSUL TANT will debrief as a team and with City staff to assess turnout and identify any areas where there may be a need to broaden participation. Meeting styles will vary from meeting to meeting to respond to unique circumstances or group dynamics that may arise.

Phase 3: Analysis of Impediments to Fair Housing Choice Analysis and Drafting Task 3.1 - Introduction, Community Engage ment, Past AI Goals and Demographic Profile
During this phase, CONSULTANT will analyze data collected in Phase 2 and draft all sections of the AI, beginning with the introduction, community engagement summary, discussion of past fair housing efforts, and a demographic summary.

Introduction












 
 

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x Provides contemporary context for fair housing, background on the AI requirements, and the methodology and data sources employed.

Community Engagement
x Summarizes the community engagement process, including a list of participating stakeholder organizations, public outreach and advertising methods, and the results of each type of engagement.

Assessment of Past Fair Housing Goals
x Reviews impediments identified in the City’s previous Analysis of Impediments to Fair Housing Choice (and any other plans or studies identifying potential fair housing needs or goals for the City), along with activities undertaken to address them over the last five years.

Demographic Summary
x Analyzes residents and households by race/color, ethnicity, national origin, familial status, gender, and disability status, including changes since 2000, with comparisons to the region where appropriate. Maps showing residential patterns across the city and region.
x Discussion of income levels, household income by race, and poverty rates in Fresno as compared to the region.

Task 3.2 - RECAPs, Segregation, Opportunity and Fair Housing Activities This step includes drafting of the analytical components of the report:

Racially and Ethnically Concentrated Areas of Poverty (RECAPS) x Identifies and maps racially and ethnically concentrated areas of poverty (RECAPs) in Fresno and the region.
x Analyzes demographic and housing characteristics in RECAPs, including discussion of revitalization efforts, if any.

Segregation and Integration
x Maps population by race, ethnicity, national origin, LEP status, and familial status to show neighborhoods with highest levels of segregation and integration.
x Assesses levels of racial and ethnic segregation in the city and region using dissimilarity indices. Discusses changes in segregation levels since 1990.

Access to Opportunity
x Analyzes access to opportunity by race and ethnicity along dimensions identified by HUD, including education, employment, transportation, exposure to poverty, and exposure to environmental health hazards as well as other measures of opportunity based on stakeholder input (for example, access to fresh foods or healthcare).












 
 

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x Maps indicators of access to opportunity to identify areas with the most and least access in Fresno and the region.

Fair Housing Activities
x Identifies public and private sector agencies offering fair housing services in the city. These services may include education, advocacy, testing, and assistance with housing complaints.
x Presents information on recent fair housing lawsuits filed in the area and data on housing discrimination complaint filings.
x Discusses state and local fair housing laws.

Task 3.3 - Housing Profile, Public and Accessible Housing, and Zoning and Land Use
This step will include drafting of the followi ng elements, representing a general analysis of housing needs and types and the policies affecting them:

Housing Profile
x Overview of existing housing supply in terms of vacancy, tenure, structure type, and age for the city, RECAPs, and the region.
x Analyzes housing needs and severe housing needs by race and ethnicity, with maps of disproportionate housing need data.
x Analysis of renter affordability, including the locations of affordable housing with regard to measures of segregation.
x Analysis of homeownership rates, mortgage lending policies, and Home Mortgage Disclosure Act (HMDA) data.

Publicly Supported Housing
x Analyzes the demographic composition of publicly supported housing in and out of RECAPs relative to that of the region.
x Identifies locations of subsidized housing and housing choice vouchers, specifically relative to RECAPs and areas of opportunity. x Research and review Housing Authority policies related to tenant selection, HCV programs, and site selection for fair housing impacts.

Housing for People with Disabilities
x Analyzes and maps the population of peopl e with disabilities by disability type. x Discusses the general availability of h ousing for people with disabilities and the disabled population living in publicly supported housing. x Identifies fair housing issues related to disability, including disparities in access to opportunity, such as jobs, education, and transportation linkages. x Considers effects of local policies and ordinances (i.e. zoning codes and building codes) on housing availability for people with disabilities. 











 
 

ALL-B Generic CSA Not to Exceed (07-2023)

Land Use and Zoning Code Review
x Research local zoning ordinances and land use plans for analysis of potential barriers to fair housing and determination of the degree to which they may contribute to fair housing issues. This analysis will include an assessment of regulations related to group homes.

Task 3.4 - Fair Housing Contributing Factors, Priorities, and Goals CONSULTANT will identify impediments to fair housing choice, propose recommendations to overcome the impediments, and prepare an Executive Summary.

Identification of Impediments
x Each impediment identified in the report will be described in detail and be prioritized for action based on its potential to limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance.
x A Recommendations Matrix will be pr ovided that links the identified impediments with their associated recommendations, metrics, implementation timeframes, and responsible parties. The content of the Recommendations Matrix will be subject to refinement with input from City staff and other stakeholders during the priority-setting workshop.

Executive Summary
Summarizes key aspects of the report in a brief, engaging format, with particular focus on the resulting impediments and recommendations.

Task 3.5 - Provide AI First Draft to the City
CONSULTANT will provide a draft of the complete Analysis of Impediments to Fair Housing Choice to City staff for internal review and comment. With input from City staff, CONSULTANT will refine the draft and prepare it for public comment. CONSULTANT will provide sixteen (16) printed and bound copies of the public comment draft and one unbound copy.

Phase 4: Plan Presentation and Approval
Task 4.1 - Presentations and Public Comment Period
CONSULTANT will hold a 30-day public comment period and hearing(s) to receive comments on the draft AI. CONSULTANT will make up to two (2) presentations of the draft AI to members of the public, elected officials, and/or other groups of stakeholders.

CONSULTANT will work with City staff to identify and coordinate any desired presentation opportunities.

Task 4.2 - Plan Finalization and Approval
CONSULTANT will make any necessary revisions to the AI based on comments received following the public comment period and hearing(s). CONSULTANT will then prepare final Word and PDF versions of each document for delivery to the City for final approval by the City Council. CONSULTANT will also prepare appendices including any relevant raw data, copies of flyers and other ads, survey results, and other relevant items. Upon City 











 
 

ALL-B Generic CSA Not to Exceed (07-2023)

Council approval, CONSULTANT will provide five (5) printed, bound copies of the final AI, as well as one unbound copy.













 
 
ALL-B Generic CSA Not to Exceed (07-2023)

SCHEDULE OF FEES AND EXPENSES












 
 

ALL-B Generic CSA Not to Exceed (07-2023)

EXHIBIT B

INSURANCE REQUIREMENTS
Consultant Service Agreement between City of Fresno (City) and Mosaic Community Planning, LLC (Consultant)
2025-2029 Consolidated Plan and 2025 Analysis of Impediments

MINIMUM SCOPE OF INSURANCE

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. The most current version of Insurance Services Office (ISO) 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 Insurance.”

2. The most current version of Commercial Auto Coverage Form CA 00 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).

3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

4. Professional Liability (Errors and Om issions) insurance appropriate to CONSULTANT’S profession.

MINIMUM LIMITS OF INSURANCE
CONSULTANT, or any party the CONSULTANT subcontracts with, shall maintain limits of liability of not less than those set forth below. However, insurance limits available to CITY, 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 property damage; (ii) $1,000,000 per occurrence for personal and advertising injury; (iii) $2,000,000 aggregate for produc ts and completed operations; and, (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. 











 
 

ALL-B Generic CSA Not to Exceed (07-2023)

3. WORKERS’ COMPENSATION INSURANCE as required by the State of California with statutory limits.

4. EMPLOYER’S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.

5. PROFESSIONAL LIABILITY (Errors and Omissions):
(i) $1,000,000 per claim/occurrence; and,
(ii) $2,000,000 policy aggregate.

UMBRELLA OR EXCESS INSURANCE
In the event CONSULTANT purchases an Umbrella or Excess insurance policy(ies) to meet the “Minimum Limits of Insurance,” this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and non- contributory basis for the benefit of the CITY, its officers, officials, employees, agents and volunteers.

DEDUCTIBLES AND SELF-INSURED RETENTIONS
CONSULTANT shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and CONSULTANT shall also be responsible for payment of any self-insured retentions.

OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies 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 under the General Liability policy for all ongoing and completed operations by use of endorsements providing additional insured status as broad as that contained in ISO Form CG 20 10 11 85 or CG 20 10 04 13.

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 Insured.

3. CONSULTANT’S insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, agents and volunteers shall be excess of CONSULTANT’S insurance and shall not contribute with it. CONSULTANT shall establish primary and non-contributory status on the General Liability policy by use of ISO Form CG 20 01 04 13, or by an executed endorsement that provides primary and non contributory status as broad as that contained in ISO Form CG 20 01 04 13.












 
 

ALL-B Generic CSA Not to Exceed (07-2023)

4. All policies of insurance shall 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.

5. All policies of insurance required herein shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to CITY. CONSULTANT is also responsible for providing written notice to the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, CONSULTANT shall furnish CITY with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the work to be performed for CITY, CONSULTANT shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.

6. 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.

7. The fact that insurance is obtained by CONSULTANT shall not be deemed to release or diminish the liability of CONSULTANT, including, without limitation, liability under the indemnity provisions of this Agreement. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT.

Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONSULTANT, its principals, officers, agents, employees, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them.

CLAIMS-MADE POLICIES
If the Professional Liability (Errors and Omissions) insurance policy is written on a claims-made form:

1. The retroactive date must be shown, and must be before the effective date of the Agreement or the commencement of work by CONSULTANT.

2. Insurance 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. If coverage is canceled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the effective date of the Agreement or the commencement of work by CONSULTANT, CONSULTANT must purchase “extended 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-B Generic CSA Not to Exceed (07-2023)

VERIFICATION 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 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-ISO endorsements amending policy coverage shall be executed by a licensed and authorized agent or broker. Upon request of CITY, CONSULTANT shall immediately furnish City with a complete copy of any insurance policy required under this Agreement, including all endorsements, with said copy certified by the underwriter to be a true and correct copy of the original policy. This requirement shall survive expiration or termination of this Agreement.

SUBCONTRACTORS
If CONSULTANT subcontracts any or all of the services to be performed under this Agreement, CONSULTANT shall require, at the discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate side agreement with the City to provide required indemnification and insurance protection. Any required side agreement(s) and associated insurance documents for the subcontractor must be reviewed and preapproved by CITY Risk Manager or designee. If no side agreement is required, CONSULTANT shall require and verify that subcontractors maintain insurance meeting all the requirements stated herein and CONSULTANT shall ensure that CITY, its officers, officials, employees, agents, and volunteers are additional insureds. The subcontractors' certificates and endorsements shall be on file with CONSULTANT, and CITY, prior to commencement of any work by the subcontractor. 











 
 
ALL-B Generic CSA Not to Exceed (07-2023)

EXHIBIT C

DISCLOSURE OF CONFLICT OF INTEREST
2025-2029 Consolidated Plan and 2025 Analysis of Impediments

YES* NO
1 Are you currently in litigation with the City of Fresno or any of its agents?

2 Do you represent any firm, organization, or person who is in litigation with the City of Fresno?

3 Do you currently represent or perform work for any clients who do business with the City 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 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?

6 Do you or any of your subcontr actors have, or expect to have, any interest, direct or indirect, in any other contract in connection with this Project?

* If the answer to any question is yes, please explain in full below.

Explanation:

Signature

Date

(Name)

(Company)

(Address)

Additional page(s) attached.
(City, State Zip)












 
 


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