1 FIRST AMENDMENT TO SERVICE AGREEMENTTHIS FIRST AMENDMENT TO SERVICE AGREEMENT (Amendment) is made and entered into effective upon execution by both parties on __________________ (the Effective Date), by and between the City of Fresno, a municipal corporation (City), and Poverello House, a California non-profit corporation (Service Provider). RECITALS WHEREAS, the City and the Service Provider entered into a Service Agreementfor professional homeless emergency shelter services for Clarion Pointe located at 4061 N Blackstone Avenue, Fresno, CA 93726 (Project), funded through ENCAMPMENT RESOLUTION FUNDING – ROUND 3 (ERF-3), with a term of July 31, 2025, through December 31, 2026, and total compensation not to exceed $2,002,382.75; and WHEREAS, the Agreement provides for the operation of thirty (30) emergency shelter beds at Clarion Pointe; and WHEREAS, the City and the Service Provider entered into a separate Service Agreement for the operation of sixty-five (65) emergency shelter beds at Village of Hope, located at 412 F Street, Fresno, CA 93706, funded through ERF-3, with operations set to expire on June 30, 2026; and WHEREAS, the Village of Hope ERF-3 agreement's sixty-five (65) emergency shelter beds will go offline effective June 30, 2026, upon expiration of that agreement; and WHEREAS, the City and the Service Provider now desire to enter into this Amendment to: (1) terminate the operation of the thirty (30) ERF-3-funded emergency shelter beds at Clarion Pointe (Hope Pointe) effective June 30, 2026; (2) transfer the thirty (30) emergency shelter beds and $590,797.02 in remaining ERF-3 budget from Clarion Pointe operations to Village of Hope, effective July 1, 2026, to support the continued operation of thirty (30) emergency shelter beds at Village of Hope through December 31, 2026, replacing beds that would otherwise have been offline following the expiration of the Village of Hope ERF-3 agreement; and WHEREAS, this Amendment is intended to ensure continuity of emergency shelter services for unhoused individuals in the City of Fresno by maintaining thirty (30) ERF-3-funded emergency shelter beds at Village of Hope from July 1, 2026 ,through December 31, 2026, in lieu of the thirty (30) beds previously operated at Clarion Pointe. AMENDMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual promises contained herein, and for other good and valuable consideration hereby acknowledged, the Parties agree to amend the Agreement as follows: 1. Early Termination of Clarion Pointe ERF-3 Operations The Service Provider's operation of thirty (30) ERF-3-funded emergency shelter beds at Clarion Pointe (Hope Pointe), 4061 N Blackstone Avenue, Fresno, CA 93726, as described in Exhibit A and Exhibit B of the Agreement, 2 shall terminate effective June 30, 2026. All services associated with the thirty (30) Clarion Pointe ERF-3 emergency shelter beds shall cease no later than June 30, 2026. The Service Provider shall ensure an orderly wind-down of Clarion Pointe ERF-3 shelter operations, including appropriate transition planning for current residents, in coordination with the City's Planning and Development Director or designee.2. Transfer of Thirty (30) Emergency Shelter Beds to Village of HopeEffective July 1, 2026, the thirty (30) emergency shelter beds previously operated at Clarion Pointe under the Agreement shall be transferred to and operated at Village of Hope, 412 F Street, Fresno, CA 93706. These thirty (30) beds shall replace the sixty-five (65) emergency shelter beds that were operated at Village of Hope under the separate Village of Hope ERF-3 Service Agreement, which expires June 30, 2026, and which will go offline at that time. The thirty (30) transferred beds shall be operated by the Service Provider at Village of Hope from July 1, 2026, through December 31, 2026, in accordance with the revised Scope of Services set forth in the Revised Exhibit A attached hereto and incorporated herein. 3. Transfer and Reallocation of Remaining ERF-3 Budget The remaining ERF-3 budget of$590,797.02from Clarion Pointe ERF-3 operations shall be transferred and reallocated to support the operation of thirty (30) emergency shelter beds at Village of Hope from July 1, 2026, through December 31, 2026. The Service Provider's total compensation under the Agreement shall be adjusted accordingly, and the revised Schedule of Fees and Expenses for the Village of Hope operations is set forth in the Revised Exhibit B attached hereto and incorporated herein. No additional ERF-3 funds beyond $590,797.02 shall be authorized under this Amendment. 4. Revised Term of Operations Section 2(b) of the Agreement is hereby amended to read as follows:"Service Provider's operations at Clarion Pointe (Hope Pointe), 4061 N.Blackstone Avenue, shall be from July 31, 2025, through June 30, 2026. Service Provider's operations at Village of Hope, 412 F Street, shall be from July 1, 2026, through December 31, 2026, as described in Revised Exhibit B." The formal term of the Agreement through February 28, 2027, shall remain in effect solely to allow for close-out activities, final reporting, and any reconciliation of funds. 5. Revised Scope of Services — Village of Hope (Effective July 1, 2026) Exhibit A of the Agreement is deleted in its entirety as it pertains to Clarion Pointe ERF-3 operations and shall be replaced with the "Revised Exhibit A"attached hereto and incorporated herein, which shall govern the operation of thirty (30) ERF-3-funded emergency shelter beds at Village of Hope, 412 F Street, Fresno, CA 93706, from July 1, 2026 through December 31, 2026. The 3 Revised Exhibit A shall incorporate the low-barrier shelter principles, case management, HMIS data collection requirements, mental health linkage, and housing navigation services consistent with the Agreement and applicable ERF-3 program requirements. The following performance goals shall apply to the thirty (30) emergency shelter beds at Village of Hope under this Amendment: Achieve full capacity within thirty (30) days of the July 1, 2026, effective date. Maintain a ninety percent (90%) bed utilization rate, as measured in HMIS. A minimum of thirty-seven (37) unique individuals will be served during the July 1, 2026 – December 31, 2026 period. A minimum of twenty-nine (29) clients exiting the program will achieve safe exits, as measured in HMIS. A minimum of twenty-two (22) of those exiting will exit to permanent housing situations, as measured in HMIS. 6. Revised Schedule of Fees and Expenses — Village of Hope (Effective July 1, 2026)Exhibit B of the Agreement is deleted in its entirety as it pertains to Clarion Pointe ERF-3 operations and shall be replaced with the "Revised Exhibit B"attached hereto and incorporated herein, reflecting the transfer of $590,797.02 in remaining ERF-3 funds to support the operation of thirty (30) emergency shelter beds at Village of Hope from July 1, 2026 through December 31, 2026. The total compensation under the Agreement shall not exceed the amounts previously authorized, and the $590,797.02 transferred herein represents the remaining unspent ERF-3 balance from Clarion Pointe operations. 7. Conflict of Terms In the event of any conflict between the body of this Amendment and any Exhibit or Attachment hereto, the terms and conditions of the body of this Amendment 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, as provided for within the body of this Amendment, shall be null and void.8. The Service Provider shall comply with the Uniform Administrative Requirements and shall maintain financial management policies and procedures that ensure costs are determined allowable in accordance with the terms and conditions of this Agreement and the applicable federal cost principles set forth in 2 CFR Part 200. 9. The Service Provider shall submit actual monthly income and expense reports 4 related to the management and operation of services, using the Service Provider’s standard format as approved by the City. These reports shall be submitted no later than the thirtieth (30th) calendar day following the end of each calendar month. Additionally, an annual income and expense report shall be submitted in the same approved format accordance with the reporting schedule set forth in the Revised Exhibit B. Each monthly report must be accompanied by supporting documentation, including but not limited to copies of checks evidencing payment and collections, supporting invoices, internal cost allocations, and any other backup materials reasonably requested by the City to substantiate the reported expenses and disbursements.
10. A detailed monthly statement for services rendered in the preceding month shall be submitted and will be payable in the normal course of City business, generally within forty-five (45) days of the City’s receipt of a properly completed and adequately supported invoice. The Service Provider shall submit the final request for reimbursement no later than February 15, 2027, as set forth in the Revised Exhibit B. The City shall have no obligation to reimburse any expense that is not supported by a detailed invoice and the corresponding documentation.
11. Remaining Terms
Except as otherwise expressly provided herein, the Agreement entered into by the City and the Service Provider on July 31, 2025, remains in full force and effect.
[Signatures follow on the next page.]
5 IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno, California, the day, and year first above written.
CITY OF FRESNO,
A California municipal corporation
By:
Georgeanne A. White Date
City Manager
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tricia Herrera Date
Deputy City Attorney
ATTEST:
AMY K. ALLER
Interim City Clerk
By:
Date
Deputy
Poverello House,
a California non-profit 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)
Addresses:
CITY
City of Fresno
Attention: Joe Pasillas
Housing and Neighborhood Revitalization
Manager
2600 Fresno Street, CH3N
Fresno, CA 93721
Phone: (559) 621-8053
E-mail: [email protected]
SERVICE PROVIDER:
Poverello House
Attention: Zachary Darrah, Chief
Executive Director
412 F Street
Fresno, CA 93706
Phone: (559) 498-6988 ext. 110
E-mail: [email protected]
Attachments:
1. Revised Exhibit A – Scope of Services (Transfer 30 ERF-3 Emergency Shelter Beds from Hope Pointe to Village of Hope, July 1 – December 31, 2026)
2. Revised Exhibit B – Schedule of Fees and Expenses ($590,797.02 ERF-3 Transfer from Hope Pointe to Village of Hope, July 1 – December 31, 2026)
3. Executed Agreement with Poverello House to Operate Clarion
6 REVISED EXHIBIT A
SCOPE OF SERVICES
Service Agreement between City of Fresno (City)
and Poverello House (Service Provider)
OVERVIEW
Pursuant to the First Amendment to the Clarion Pointe ERF-3 Service Agreement, the 30 emergency shelter beds previously operated at Clarion Pointe (Hope Pointe), 4061 N Blackstone Avenue, are hereby transferred to Village of Hope, located at 412 F Street, Fresno, CA 93706, effective July 1, 2026. The Village of Hope ERF-3 agreement governing 65 emergency shelter beds expires June 30, 2026; those 65 beds will be offline as of that date. The 30 beds transferred from Clarion Pointe ERF-3 will replace beds that would otherwise have been offline, ensuring continuity of emergency shelter capacity at the Village of Hope site through December 31, 2026.
SERVICES TO BE PROVIDED
Emergency Shelter Operations – 30 Beds
Service Provider shall operate 30 emergency shelter beds at Village of Hope, 412 F Street, Fresno, CA 93706, funded by ERF-3, for the period of July 1, 2026 through December 31, 2026.
Service Provider shall achieve full bed capacity within 30 days of the July 1, 2026 effective date of this Amendment.
Service Provider shall maintain a minimum average bed occupancy rate of 90% throughout the term.
Service Provider shall provide 24-hour, 7-day-per-week shelter operations, including overnight shelter, meals, and basic necessities for all 30 shelter residents.
Service Provider shall provide 3 meals per day to all shelter residents.
Service Provider shall provide linen and laundry services to all shelter residents.
Intake and Diversion
Service Provider shall conduct a diversion assessment for all individuals seeking shelter prior to initiating the intake process.
If diversion has been exhausted or is inappropriate, Service Provider shall initiate the intake process, which shall include collection of universal data elements (gender, race, length of homelessness, and other HUD-required fields).
Service Provider shall administer an initial screening tool to identify immediate emergency needs, including medical attention, mental health, and shelter.
Case Management and Housing Navigation
Service Provider shall provide housing stability case management to all 30 shelter residents, with the goal of connecting each resident to a viable housing pathway.
Case managers shall develop an individualized housing stability plan for each resident within 14 days of intake.
Case managers shall assist residents in accessing the Coordinated Entry System (CES) and submitting housing match forms to the community housing matcher. 7 Once a housing match has been identified and accepted, the case manager shall assist the client in securing housing through apartment searches and other viable housing options. Once housed, the case manager shall follow up with the client at least once per month to ensure housing stability and provide ongoing support.Service Provider shall link clients needing further support to Poverello House's Cal-AIM Enhanced Care Management and Community Support program. Mental Health and Behavioral Health Services Service Provider shall provide access to mental health services for all shelter residents, including linkage to the Department of Behavioral Health. If a client has a Severe Mental Illness (SMI), the clinician shall submit a MHSA FSP referral form to the Urgent Care Wellness Center. Service Provider shall provide or arrange access to Alcohol and Other Drug (AOD) counseling services for residents as needed.Security Service Provider shall maintain on-site security at Village of Hope 24 hours per day, 7 days per week, for the safety of all residents and staff. Facilities and Property Management Service Provider shall maintain the Village of Hope property in compliance with all applicable statutes, laws, rules, regulations, and ordinances. Service Provider shall perform routine facilities maintenance and property management throughout the term. Service Provider shall obtain City's prior written approval before authorizing any single expenditure exceeding $5,000, except for Emergency Expenditures. Data Collection and HMIS Reporting Service Provider shall collect and report client-level data in accordance with HUD HMIS Data Standards to the local HMIS operated by the Housing Authorities of the City and County of Fresno through a Memorandum of Understanding with the Fresno Madera Continuum of Care. Service Provider reporting shall be consistent in format and data element structure with the Fresno Housing Authority HMIS Program Policies and Procedures Manual and the HUD HMIS Data Standards and Data Dictionary. Service Provider shall provide a monthly client census, including unique HMIS client ID, client demographic data, date of program entry and exit, and exit destinations. Service Provider shall provide a cumulative program performance report on a quarterly basis. Service Provider shall provide a bi-annual report on client housing stability, reflecting whether clients that exited to permanent housing remain housed after 6 months. 8 Meetings
Service Provider shall meet with City not less than monthly to discuss the status of management, operations, and service coordination at Village of Hope.
Meetings may be conducted via a digital platform unless otherwise requested by City.
Upon reasonable advance written notice, Service Provider shall arrange to meet City and/or City's Representative at the Property.
Service Contracts
Service Provider may negotiate and execute contracts with independent contractors for services required in the ordinary course of business, including security, cleaning, janitorial, utilities, and HVAC maintenance.
Such contracts shall not have a term in excess of one (1) year and shall be terminable by Service Provider or City without cause on thirty (30) days' notice.
GOALS AND OUTCOMES
30 Emergency Shelter Beds – Village of Hope (July 1 – December 31, 2026) Goal Metric
Bed Capacity Achieve full capacity within 30 days of July 1, 2026 Occupancy Rate Maintain minimum 90% average occupancy throughout term Housing Exits A minimum of 40% of clients exiting shall exit to permanent or temporary housing (not places not meant for human habitation) Permanent
Housing
A minimum of 25% of those exiting shall exit to permanent housing situations
Housing Stability Case manager follow-up with housed clients at least once per month post-exit
HMIS
Compliance
100% of clients entered into HMIS within 3 business days of intake
9 REVISED EXHIBIT B
SCHEDULE OF FEES AND EXPENSES
Service Agreement between City of Fresno (City)
and Poverello House (Service Provider)
COMPENSATION
In no event shall compensation paid for services performed under this Amendment be in excess of Five Hundred Ninety Thousand, Seven Hundred Ninety-Seven and 02/100 Dollars ($590,797.02), funded through Encampment Resolution Funding – Round 3 (ERF-3), for the operation of 30 emergency shelter beds at Village of Hope for the period of July 1, 2026 through December 31, 2026.
MAINTENANCE
Major facility repairs over $500 such as equipment, appliances and fixtures, plumbing and electric systems, structure, including the roof, and HVAC systems, among others, will be paid for and completed by the Service Provider. Service Provider shall obtain property owner’s prior written approval before authorizing any expenditure over Five Thousand Dollars ($5,000) in any one instance. No new construction is allowed. The facility complies with all shelter and housing habitability standards as identified in 24 CFR 576.403 and AB-362 Shelter Operations.
REQUESTS FOR REIMBURSEMENT
Service Provider’s activities will be funded on a reimbursement basis with proof of actual expenses incurred and paid. Copies of all supporting documents must be clear and legible. Reimbursement packets must be completed and organized. All costs must be allowable according to 2 CFR 200 and all other applicable federal rules and regulations.
Any expenses included that are not allowable will be deducted from the amount reimbursable. Expenses included in the general ledge or reimbursement request form that do not have supporting documentation will be deducted from the amount reimbursable.
Service Provider shall submit monthly reimbursement packets on or before the 30th calendar day after the expiration of each calendar month.
If an invoice package is found to be incomplete, the City will submit a request to the Service Provider for the missing documentation. The Service Provider shall have 10 business days to provide the required backup documentation. If the documentation is not received within this time frame, the City will proceed with processing payment after the 10 business days have elapsed. The Service Provider may submit the missing documentation at a later date, provided it is submitted no later than 45 days prior to the expiration of the Term of this Agreement or within 30 days prior to the date of earlier termination of this Agreement.
Monthly Report – The Service Provider shall submit monthly income and expense reports relating to the management and operation of the Project. Reports must be submitted in the Service Provider’s standard format, as approved by the City, no later 10 than the 30th calendar day after the expiration of each calendar month Performance Period Monthly Report Due
July 1, 2026 – July 31, 2026 August 30, 2026
August 1, 2026 – August 31, 2026 September 30, 2026
September 1, 2026 – September 30, 2026 October 30, 2026 October 1, 2026 – October 31, 2026 November 30, 2026
November 1, 2026 – November 30, 2026 December 30, 2026
December 1, 2026 – December 31, 2026 January 30, 2027
Annual Report – An annual report is required if the Project was operational any time during the performance period, regardless of the Project’s start date. The annual report shall be submitted in accordance with the following schedule:
Performance Period Annual Report Due
July 1, 2026 – December 31, 2026 February 15, 2027
Final Report upon Early Termination – In the event of early termination, the Service Provider shall submit a final income and expense report to the City no later than 30 days prior to the effective date of termination.
Final Report (End of Term) – The Service Provider’s operational year is defined as July 1st through December 31st for each year in which this Agreement remains in effect.
Following the end of the operational year, a final reconciled income and expense report must be submitted by February 15.
Final Request for Reimbursement – The Service Provider shall submit the final request for reimbursement no later than February 15, prior to the expiration of the Agreement.
Expenses not included in the final reconciled income and expense report submitted on February 15 will not be eligible for reimbursement.
11 BudgetTotal Project Budget6 Month Performance PeriodPersonnelChief Programs Officer (.10 FTE) 6,250.00$ Chief Operations Officer (.10 FTE) 5,750.00$ Chief Financial Officer (.07 FTE) 7,280.00$ Facilities Specialist (.30 FTE) 6,009.12$ Sr. Director of Shelter Services (.50 FTE) 18,125.00$ Program Coordinator (1.0 FTE @ $25.00/hour) 26,000.00$ Client Navigator (1.0 FTE @ $21.40/hour) 22,256.00$ Client Services Specialist (7.0 FTE @ $19.00/hour) 138,320.00$ Security Specialist (4.0 FTE @ $19.00/hour) 79,040.00$ Finance Specialist (.75 FTE @ $27.00/hour) 21,060.00$ Director of IT (.10 FTE @ $30.00/hour) 3,120.00$ Director of Mental Health Services (.15 FTE) 9,000.00$ Benefits @ 25%85,552.53$ Taxes @ 8.65% 29,601.18$ Total Personnel457,363.83$ Non-PersonnelOperating CostsProgram Supplies 8,000.00$ Communications (Phone line/internet/cell phones) 3,000.00$ Office Supplies 2,400.00$ Utilities 17,000.00$ Equipment/Technology (Copy machine/printer/etc.) 3,000.00$ Travel (Fuel/Insurance/Maintenance) 3,000.00$ Facilities Maintenance 5,000.00$ Meal Services-Two Meals (30 X $5.00 X 183 X 2) 54,900.00$ Linen Service 4,000.00$ HMIS 5,000.00$ Total Non-Personnel105,300.00$ Direct Costs562,663.83$ Indirect Costs @ 5% 28,133.19$ Grand Total590,797.02$ Poverello HouseERF-3 Shelter Village of Hope (30 beds)
All-B GSP Agt Not to Exceed (05-2024) -1- SERVICE AGREEMENT CITY OF FRESNO, CALIFORNIA THIS AGREEMENT (Agreement) is made and entered into, effective on ______________________, by and between the CITY OF FRESNO, a California municipal corporation (the City), and POVERELLO HOUSE, a California non-profit Corporation (Service Provider). RECITALS WHEREAS, The City desires to obtain professional homeless emergency shelter servicesfor Clarion Pointe located at 4061 N Blackstone Avenue, Fresno, CA 93726 (Project); and WHEREAS, Service Provider is engaged in the business of furnishing such services as a homeless emergency shelter services and hereby represents that it desires to and is professionally and legally capable of performing the services called for by this Agreement; and WHEREAS, Service Provider acknowledges that this Agreement is subject to the requirements of Fresno Municipal Code Section 4-107; and WHEREAS, this Agreement will be administered for the City by its Planning and Development 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. Service Provider 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. (a) This Agreement shall be effective from the date first set forth above (Effective Date) and shall continue in full force and effect through February 28, 2027, subject to any earlier termination in accordance with this Agreement. The Agreement may be extended upon available funding upon mutual written agreement of the parties. A written request for extension must be submitted by the requesting party 90 days prior to term date above. The services of Service Provider 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. (b) Service Provider’s operations shall be July 31, 2025, through December 31, 2026; as described in Exhibit B.
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3. Compensation. (a) Service Provider’s sole compensation for satisfactory performance of all services required or rendered pursuant to this Agreement and shall not exceedTwo Million Two Thousand Three Hundred Eighty Two and 75/100 ($2,002,382.75), paid on the basis of the rates set forth in the schedule of fees and expenses contained in Exhibit B. Such fees shall include all expenses incurred by Service Provider in performance of the services as described 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 the City business. 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) Service Provider agrees to render actual monthly income and expense reports relating to the management and operation of the Project in Service Provider’s standard format approved by the City on or before the 30th calendar day after the expiration of each month. In addition, Service Provider shall submit an annual income and expense report in Service Provider’s standard format approved of by the City in accordance with the reporting schedule set forth in Exhibit B. At the City’s election (to be exercised by reasonable prior written notice to Service Provider), Service Provider shall deliver, concurrently with the delivery of each monthly income and expense report, copies of checks evidencing payments and collections and supporting invoices, internal allocations, and other back-up data as may be reasonably requested for the expenses and disbursements shown on the previous month’s income and expense report. (d) 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 Service Provider’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. Service Provider 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 Service Provider upon the earlier of: (i) Service Provider’s filing for protection under the federal bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third party against Service Provider; (ii) seven calendar days’ prior written notice with or without cause by the City to Service Provider; (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, Service Provider 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 All-B GSP Agt Not to Exceed (05-2024) -3- and all unearned payments and all properties and materials in the possession of Service Provider that are owned by the City. Subject to the terms of this Agreement, Service Provider shall be paid compensation for services satisfactorily performed prior to the effective date of termination. Service Provider 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 Service Provider 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 Service Provider, 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 Service Provider, 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 Agreement for default, such termination shall be deemed a termination for convenience. (e) Service Provider shall provide the City with adequate written assurances of future performance, upon Administrator’s request, in the event Service Provider fails to comply with any terms or conditions of this Agreement. (f) Service Provider shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of Service Provider 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. Service Provider 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 Service Provider pursuant to this Agreement shall not be made available to any individual or organization by Service Provider without the prior written approval of the Administrator. During the term of this Agreement, and thereafter, Service Provider 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, All-B GSP Agt Not to Exceed (05-2024) -4- 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 Service Provider 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. Service Provider shall not permit the reproduction or use thereof by any other person except as otherwise expressly provided herein. (c) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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. Level of Skill. It is further mutually understood and agreed by and between the parties hereto that inasmuch as Service Provider represents to the City that Service Providerand its subcontractors, if any, are skilled in the profession and shall perform in accordance with the standards of said industry necessary to perform the services agreed to be done by it under this Agreement, the City relies upon the skill of Service Provider and its subcontractors, if any, to do and perform such services in a skillful manner and Service Provider agrees 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 Service Provider or any subcontractors from said industry and professional standards. 7. Indemnification. To the furthest extent allowed by law, Service Provider 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, Service Provider or any other person, and from any and all claims, demands and actions in law or equity (including reasonable attorney's fees, litigation expenses and cost to enforce this agreement), arising or alleged to have arisen directly or indirectly out of performance of this Agreement. Service Provider's obligations under the preceding sentence shall apply regardless of whether the City or any of its officers, officials, employees, agents, or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by the willful misconduct, of the City or any of its officers, officials, employees, agents, or volunteers. If Service Provider should subcontract all or any portion of the work to be performed under this Agreement, Service Provider 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.
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8. Insurance.(a) Throughout the life of this Agreement, the Service Provider shall pay for and maintain in full force and effect all insurance as required in Exhibit C, 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 its sole discretion. The required policies of insurance as stated in Exhibit C 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 Service Provider or any of its subcontractors/sub-Service Providers fail to maintain any required insurance, all services and work under this Agreement shall be discontinued immediately, and all payments due, or that become due, to the Service Provider shall be withheld until insurance is in compliance with the requirements. Any failure to maintain the required insurance shall be sufficient cause for the City to terminate this Agreement. No action taken by the City pursuant to this section shall in any way relieve the Service Provider 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 Service Provider shall not be deemed to release or diminish the liability of the Service Provider, 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 Service Provider. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of the Service Provider, its principals, officers, agents, employees, persons under the supervision of the Service Provider, vendors, suppliers, invitees, Service Providers, sub-Service Providers, 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, Service Provider shall complete a City of Fresno conflict of interest disclosure statement in the form as set forth in Exhibit D. During the term of this Agreement, Service Provider shall have the obligation and duty to immediately notify the City in writing of any change to the information provided by Service Provider in such statement.(b) Service Provider shall comply, and require its subcontractors to comply, with all applicable (i) professional canons and requirements governing avoidance All-B GSP Agt Not to Exceed (05-2024) -6- 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, Service Provider shall provide a written opinion of its legal counsel and that of any subcontractor that, after a due diligent inquiry, Service Provider and the respective subcontractor(s) are in full compliance with all laws and regulations. Service Provider 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, Service Provider shall immediately notify the City of these facts in writing. (c) Service Provider’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City entering this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this Project. Service Provider’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Service Provider shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Service Provider pursuant to this Agreement. (d) In performing the work or services to be provided hereunder, Service Provider 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 be waived in writing by the City Manager, if no actual or potential conflict is involved. (e) Service Provider 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. (f) Service Provider 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, Service Provider shall remain responsible for complying with Section 9(a), above. (g) If Service Provider should subcontract all or any portion of the work to be performed or services to be provided under this Agreement, Service Provider shall include the provisions of this Section 9 in each subcontract and require its subcontractors to comply therewith.
All-B GSP Agt Not to Exceed (05-2024) -7- (h) This Section 9 shall survive expiration or termination of this Agreement.10. Recycling Program. In the event that the Service Provider maintains an office or operates a facility(ies), or is required herein to maintain or operate same, within the incorporated limits of the City of Fresno, Service Provider 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 the 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 establishment 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 Citywithin the body of this Agreement, and not otherwise specifically provided for, shall be effective only if signed by the Administrator or designee. (b) Records of Service Provider’s expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the Cityor 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 Service Provider 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 Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider 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, Service Provider shall have provided evidence to the City that Service Provider is licensed to perform the services called for by this Agreement (or that no license is required). If Service Provider should subcontract all or any portion of the work or services to be performed under this Agreement, Service Provider 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.
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12. Nondiscrimination. To the extent required by controlling federal, state and local law, Service Provider 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, Service Provider agrees as follows: (a) Service Provider will comply with all applicable laws and regulations providing that no person shall, on the grounds of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity made possible by or resulting from this Agreement. (b) Service Provider 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. Service Provider shall ensure that applicants are employed, and the employees are treated during employment, without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Such requirement shall apply to Service Provider’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. Service Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause. (c) Service Provider will, in all solicitations or advertisements for employees placed by or on behalf of Service Provider 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) Service Provider 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 Service Provider’s commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (e) If Service Provider should subcontract all or any portion of the services to be performed under this Agreement, Service Provider shall cause each subcontractor to also comply with the requirements of this Section 12.
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13. Independent Contractor. (a) In the furnishing of the services provided for herein, Service Provider is acting solely as an independent contractor. Neither Service Provider, 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 Service Provider shall perform its work and functions. However, the City shall retain the right to administer this Agreement so as to verify that Service Provider is performing its obligations in accordance with the terms and conditions thereof. (b) This Agreement does not evidence a partnership or joint venture between Service Provider and the City. Service Provider shall have no authority to bind the City absent the City’s express written consent. Except to the extent otherwise provided in this Agreement, Service Provider shall bear its own costs and expenses in pursuit thereof.(c) Because of its status as an independent contractor, Service Provider and its officers, agents, and employees shall have absolutely no right to employment rights and benefits available to the City employees. Service Provider 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, Service Provider shall be solely responsible, indemnify, defend and save the City harmless from all matters relating to employment and tax withholding for and payment of Service Provider’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, Service Provider 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, assigns, transferees, agents, servants, employees and representatives.
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16. Assignment.(a) This Agreement is personal to Service Provider and there shall be no assignment by Service Provider of its rights or obligations under this Agreement without the prior written approval of the City Manager or designee. Any attempted assignment by Service Provider, its successors or assigns, shall be null and void unless approved in writing by the City Manager or designee. (b) Service Provider hereby agrees not to assign the payment of any monies due Service Provider 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 Service Provider directly to Service Provider. 17. Compliance With Law. In providing the services required under this Agreement, Service Provider 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.
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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. 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 City and Service Provider. 29. 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 NEXT PAGE.] All-B GSP Agt Not to Exceed (05-2024) -12- IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, on the day and year first above written. CITY OF FRESNO,aCalifornia municipal corporation By: Georgeanne A. White City Manager APPROVED AS TO FORM:ANDREW JANZCity Attorney By: Angela M. Karst DateSenior Deputy City Attorney ATTEST: TODD STERMER, MMC City Clerk By: Deputy Date POVERELLO HOUSE, a California non-profit corporationBy: 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) REVIEWED BY:Addresses: CITY: City of Fresno Attention: Joe Pasillas Housing and Neighborhood Revitalization Manager 2600 Fresno Street, CH3N Fresno, CA 93721Phone: (559) 621-8053 E-mail: [email protected] SERVICE PROVIDER:Poverello HouseAttention: Zachary Darrah, Chief Executive Officer412 F Street Fresno, CA 93706Phone: (559) 498-6988 ext. 110E-mail: [email protected] Attachments: 1. Exhibit A - Scope of Services 2. Exhibit B - Schedule of Fees and Compensation 3. Exhibit C - Insurance Requirements 4. Exhibit D - Conflict of Interest Disclosure Form
All-B GSP Agt Not to Exceed (05-2024) -13- EXHIBIT ASCOPE OF SERVICES Service Agreement between the City of Fresno (City) and Poverello House (Service Provider) In addition to the content provided in this exhibit (Exhibit A), Poverello House will honor all outlined requirements and their detailed response to 12500851 Request for Qualifications for Triage Center/Emergency Shelter Operations. OPERATING PRINCIPLES Poverello House has served as the operator of Clarion Pointe (Hope Pointe) since July 2023. Clarion Pointe is a combination of emergency shelter and bridge beds; this project focuses on the expansion of an additional 30 emergency shelter beds funded by ERF-3. HEALTH & SAFETY EDUCATION Poverello House recognizes the importance of embedding health and safety education within all programs for staff and clients. Workshops targeting sex education provide clients with knowledge about sexual health and safety. These classes cover topics such as consent, contraception, sexually transmitted infections (STIs), and health relationships. Poverello House works with medical providers such as Kaiser Permanente and Family Healthcare Network to give classes on sexual health and harm reduction principles. Kaiser nurses come every quarter. These classes are located at Hope Pointe. Classes are in a small group setting in a private room. Poverello House also offers alcohol and other drug abuse (AOD) given by a certified AOD specialist. These classes are held once a week at Hope Pointe. The AOD specialist follows a curriculum approved by SAMSHA. COMMUNITY RESOURCES Case managers are responsible for linking clients to community education, employment, and social services resources. Poverello House works with Big Picture Academy and Cesar Chavez Adult School to secure clients’ high school diplomas and GEDs. Poverello House also works with Fresno City College to enroll clients in vocational classes or general education. Poverello House also works with Workforce Connection to assist in job searches and soft skill training. Workforce. Poverello House also partners with Bank of America to give financial literacy. These classes occur every two weeks by bank personnel. Poverello House works closely with the Fresno County Department of Social Services (DSS) and Behavioral Health (DBH). Poverello House case managers link clients to DSS entitlement benefits such as general relief, CalFresh, and other entitlement benefits. Poverello House also works with DBH’s Wellness Center to link clients who have moderate to severe mental health concerns. Poverello House can get clients' prescriptions and manage crises through the DBH Wellness Center. LOW-BARRIER PRINCIPLES Poverello House adheres to low-barrier shelter principles by removing as many obstacles as possible for individuals seeking shelter. The facility operates 24 hours a day, seven days All-B GSP Agt Not to Exceed (05-2024) -14- a week. Poverello House has fully implemented the Housing First Model by providing access without preconditions such as sobriety, treatment, or service participation. Embracing a harm reduction approach, Poverello House allows individuals under the influence of substances to access services, provided they do not use substances on the premises. Poverello House works with clients to manage their substance use by creating linkages to appropriate substance use treatment programs. Narcan is available on-site, and all staff are trained to administer it. Clients found with substances will be asked to dispose of them, and multiple occurrences may lead to exit from the program for safety reasons. Poverello House recognizes the significant companionship pets provide to their owners. Pets are permitted on the premises and within their owners' sleeping quarters. Poverello House collaborates with animal wellness organizations to provide care when possible. Poverello House also accommodates pets by providing food, leashes, designated play areas, and relief areas. Poverello House does not require proof of pet vaccinations. Hope Pointe does provide room accommodations for couples. If separated, case managers will coordinate to ensure they are housed together in permanent housing. Poverello House includes access to Licensed Family and Marriage Therapists to help mediate relational conflicts and develop healthy relationships. Poverello House serves individuals of all sexual orientations. Staff training enables the program’s ability to serve individuals experiencing severe mental illness. Clients are provided with secure storage for their belongings, including locked drawers by their beds and additional secured storage on the campus. Clients must report daily to the facility by 10 p.m. and can leave the premises starting at 5 a.m. Clients have access to the premises 24 hours a day. Staff collaborate with clients who need to come and go during irregular hours. Clients are permitted a 72-hour absence without losing their program placement. Staff will work with clients to address reasons for multiple absences and conduct documented interventions. If unsuccessful, the client may be excited about the program. Clients must respect the confidentiality, rights, and privacy of others and refrain from using inappropriate language or behaviors. Threats, violence, and weapons are strictly prohibited. They are expected to respect their living space. By adhering to these principles and policies, Poverello House ensures a supportive and inclusive environment for all clients on their way to permanent housing. AFFORDABLE HOUSING ELIGIBILITY Once assigned a shelter bed, an appointment will be set up within 24 hours with a case manager/navigator. Below is the process by which the Coordinated Entry System is followed: The case manager/navigator will meet with the client to create an action plan to address immediate emergency needs, potential supportive services, and a housing plan. This process includes administering the Vulnerability Index-Service Prioritization Decision Assistance Tool (VI-SPDAT) or any standardized assessment tool utilized by service providers in the community. Linkage to supportive services includes the following: physical and mental health, employment training and opportunities, substance abuse treatment, Medi-Cal and All-B GSP Agt Not to Exceed (05-2024) -15- CalFresh eligibility, and social security/disability benefits. Staff will work with mainstream providers to understand eligibility requirements.The case manager/navigator will meet with clients weekly to monitor supportive service plans and progress on the housing plan. The case manager/navigator will acquire documentation such as identification and social security cards, birth certificates, and other supportive documents needed for housing. The case manager will work on increasing income and identifying any barriers to housing. Once a housing plan is established, and documentation is secured, a match form is submitted to the community housing matcher. After receiving a match confirmation, the navigator will work with the client to present their housing options. Once a client accepts a match, the navigator will work with the housing provider to secure housing. For ERF clients matched to ERF-designated housing programs, Poverello House staff will confirm through HMIS that the client originated from the state encampment area. PRIORITIZATION PROCESS If the number of applicants exceeds the number of available beds, the ERF Coordinator will take into account the following factors: Current living situation: if one is “at imminent risk” or literally homeless, the literal homeless individual will take priority Determine if Diversion is possible or immediate housing intervention (shared housing) Vulnerability assessment: length of homelessness, disability, and prioritization process unique to the state encampment area. Prioritization will consider how long the person has resided in the state encampment area. Age: Priority will be given to applicants 60 and older. TRANSITION PLANNING The program includes strategies for diversion and self-resolution. If the client is exited without housing, they will be immediately assigned a street navigator. Street navigators will help clients reconnect with family or friends who can provide support. The street navigators will continue to link them to supportive services and housing. Additionally, clients needing further support will be linked to Poverello House’s Cal-AIM Enhanced Care Management and Community Support program, which provides comprehensive care management services. Clients can also access Poverello House’s Enrichment Center and Fresno County’s Wellness Center for mental health programs and counseling. Poverello House will also link them to services offered on their campus, such as meals, laundry, showers, clothing, and mail service. The street outreach and navigation will continue to link them to primary care providers such as Clinica Sierra, Family Healthcare Network, and United Healthcare Centers. STAFFING The program will fund the following positions:
All-B GSP Agt Not to Exceed (05-2024) -16- Position FTE DescriptionChief Operations Officer .10 FTE Oversight & Coordination of food services, fleet, and security services. Chief Financial Officer .07 FTE Oversight of all fiscal activities & reporting. Sr. Director of ShelterServices.20 FTE Will directly oversee the service delivery and programs. Program Coordinator 1.0 FTE On-site supervisor of the emergency shelter. Director of Mental HealthServices.15 FTE Oversight of street clinicians & clinical services in all programs.Director of IT .10 FTE Addresses IT needs and infrastructure associated with service delivery at the site. Finance Specialist .75 FTE Will perform financial activities (payroll/A/P/A/R), etc., for all FTE related toproject activities. Client Navigator 2.0 FTE Navigate the caseload of clients from the shelter to permanent housing. Will develop housing plans for all clients and meet with clients at least weekly. Client Services Specialist 9.0 FTE 24/7 direct support services & monitoring for clients at the emergency shelter. Willperform client intakes, room checks, serve meals, and more. Facilities Specialist .30 FTE Direct services to facilities maintenance of the emergency shelter site. Will perform repairs and regular maintenance and respond to client needs regarding facilities. Housing Stability CaseManager2.0 FTE Direct services for clients housed in their permanent housing placement. Will work with landlords, teach life skills to clients, and ensure that clients have what they need in permanent housing.
All-B GSP Agt Not to Exceed (05-2024) -17- Position FTE Description Security Specialist 3.0 FTE 24/7 security services at the site. Will be employees of Poverello House. The program will provide weekly meetings for each client with their case manager, ensuring that each client meets with their team at least once per week. ECS recognizes that clients entering the program will have a variety of needs and likely lack the natural support system to assist with resolving these needs. Therefore, the high intensity services will be necessary to create an environment of support and growth for the client. During times of high need, the Housing Case Manager will be available to meet with the clients as frequently as needed. PERFORMANCE MEASUREMENT Measurable Goal Outcome Available Beds 30Bed Occupancy Rate 90%Minimum total clients served annually. The City of Fresno bed utilization rate of 4 clients per bed annually. 200% of Safe Exit - A safe exit from this program is defined as one of the following destinations: Institutional Situation, Temporary Situation, Permanent Situation, Bridge Housing or other emergency housing programs. Percentage based on total number of Exits from the program. 50% Minimum total clients that will exit to Permanent Situation. A requirement of the funding is to increase the number of people exiting homelessness into permanent housing. 90The number of days after entry into the Triage Center/Emergency Shelter that clients will become permanently housed or attain a safe exit from the program. Program to evaluate client engagement in housing plan on a 30-day bases. 90MONITORING In addition to monthly activity reports, progress and outcomes, the City of Fresno staff will monitor through regular meetings, site visits, inspection of client files, financial audits, and observation of case management meetings. DATA COLLECTION The Service Provider will be required to enter participant data into the Homeless Management Information System (HMIS) in order to comply with HUD data collection, management, and reporting standards. Service Provider must now maintain records for possible audit for a minimum of five (5) years commencing at the grant closure date, collect data consistently, track both qualitative and quantitative outcomes, and provide them to the All-B GSP Agt Not to Exceed (05-2024) -18- City in a timely manner. Expenses associated with HMIS licenses and services are the responsibility of the selected Respondent(s). MAINTENANCE AND REPAIR Service Provider shall keep the Property, including, without limitation, all buildings, common areas, and other improvements on the Property, in good order, repair, and condition so that the Property is maintained in a first-class condition equal to or better than competing projects and other similar projects managed by Service Manager in accordance with the then-current Budget approved by City and with funds received as part of the maintenance budgeted line-item. Service Provider may make expenditures or enter contracts without City’s consent only for emergency repairs to the Property that are immediately required to be made for the preservation and safety of the Property, to avoid the suspension of any essential service to or for the Property, or to avoid danger to life or property at the Property (Emergency Expenditures), provided that Service Provider shall give City notice of any Emergency Expenditures and shall, to the extent reasonably practicable, consult with City prior to making any Emergency Expenditures.COMPLIANCE Service Provider shall operate and maintain the Property, in compliance with, and in the performance of its duties hereunder shall abide by, all statutes, laws, rules, regulations, requirements, orders, notices, determinations, and ordinances of any national and local government and appropriate agencies, departments, commissions, or boards, therequirements of any insurance companies covering any of the risks against which Property is insured, and the requirements of any agreements relating to the Property (each a “Requirement”). Service Provider further agrees promptly to remedy any violation of a Requirement at City’s expense, provided that if the cost of remedying such violation exceeds Five Thousand Dollars ($5,000) in any one instance, Service Provider shall obtain City’s prior written approval before authorizing any expenditure, except for Emergency Expenditures, as provided in the Maintenance and Repair section above. SERVICE CONTRACTS Service Provider may negotiate and execute contracts with independent contractors for services required in the ordinary course of business in operating the Property, including, without limitation, contracts for security protection, cleaning and janitorial service, utilities, and, to the extent applicable, internet, boiler, and HVAC maintenance; provided, however, that (i) except as otherwise approved by City in writing, such contracts shall not have a term in excess of one (1) year and shall be terminable by Service Provider or City without cause on thirty (30) days’ notice; and (ii) the nature and cost of the services to be contracted for are included in the then-current Budget approved by City.
All-B GSP Agt Not to Exceed (05-2024) -19- RAMP DOWN PROCESS The Service Provider will maintain 24/7 operations throughout the term of the Agreement. They will also provide the City with a list of positions and FTEs required to sustain operations during the ramp-down process. Staffing levels must remain sufficient to ensure safe and effective operations. If staffing levels decline due to resignation, termination, or any other form of departure, the Service Provider must immediately notify the City immediately and submit a plan to maintain operational continuity.
All-B GSP Agt Not to Exceed (05-2024) -20- EXHIBIT BSCHEDULE OF FEES AND EXPENSES Service Agreement between City of Fresno (City)and Poverello House (Service Provider)COMPENSATION In no event shall compensation paid for services performed under this agreement be in excess of Two Million Two Thousand Three Hundred Eighty Two and 75/100 ($2,002,382.75). Unexpended funds will not be carried over into any additional one (1) year extensions for services.MAINTENANCEMajor facility repairs over $500 such as equipment, appliances and fixtures, plumbing and electric systems, structure, including the roof, and HVAC systems, among others, will be paid for and completed by the Service Provider. Service Provider shall obtain property owner’s prior written approval before authorizing any expenditure over Five Thousand Dollars ($5,000) in any one instance. No new construction is allowed. The facility complies with all shelter and housing habitability standards as identified in 24 CFR 576.403 and AB-362 Shelter Operations. REQUESTS FOR REIMBURSEMENT Service Provider’s activities will be funded on a reimbursement basis with proof of actual expenses incurred and paid. Copies of all supporting documents must be clear and legible. Reimbursement packets must be completed and organized. All costs must be allowable according to 2 CFR 200 and all other applicable federal rules and regulations. Any expenses included that are not allowable will be deducted from the amount reimbursable. Expenses included in the general ledge or reimbursement request form that do not have supporting documentation will be deducted from the amount reimbursable. Service Provider shall submit monthly reimbursement packets on or before the 30th calendar day after the expiration of each calendar month. If an invoice package is found to be incomplete, the City will submit a request to the Service Provider for the missing documentation. The Service Provider shall have 10 business days to provide the required backup documentation. If the documentation is not received within this time frame, the City will proceed with processing payment after the 10 business days have elapsed. The Service Provider may submit the missing documentation at a later date, provided it is submitted no later than 45 days prior to the expiration of the Term of this Agreement or within 30 days prior to the date of earlier termination of this Agreement. BUDGET DETAILS Pending Monthly Report – The Service Provider shall submit monthly income and expense reports relating to the management and operation of the Project. Reports must be submitted in the Service Provider’s standard format, as approved by the City, no later than the 15th calendar day after the expiration of each calendar month.
All-B GSP Agt Not to Exceed (05-2024) -21- Performance Period Monthly Report Due July 31, 2025 – August 31, 2025 September 30, 2025September 1, 2025 – September 30, 2025 October 30, 2025October 1, 2025 – October 31, 2025 November 30,2025November 1, 2025 – November 30, 2025 December 30, 2025December 1, 2025 – December 31, 2025 January 30, 2026January 1, 2026 – January 31, 2026 February 28, 2026February 1, 2026 – February 28, 2026 March 30, 2026 March 1, 2026 – March 31, 2026 April 30, 2026April 1, 2026 – April 30, 2026 May 30, 2026May 1, 2026 – May 31, 2026 June 30, 2026June 1, 2026 – June 30, 2026 July 30, 2026July 1, 2026 – July 31, 2026 August 30, 2026August 1, 2026 – August 31, 2026 September 30, 2026 September 1, 2026 – September 30, 2026 October 30, 2026October 1, 2026 – October 31, 2026 November 30, 2026November 1, 2026 – November 30, 2026 December 30, 2026December 1, 2026 – December 31, 2026 January 30, 2026Annual Report – An annual report is required if the Project was operational any time during the performance period, regardless of the Project’s start date. The annual report shall be submitted in accordance with the following schedule: Performance Period Annual Report Due July 31, 2025 – December 31, 2026 February 15, 2027 Final Report upon Early Termination – In the event of early termination, the Service Provider shall submit a final income and expense report to the City no later than 30 days prior to the effective date of termination. Final Report (End of Term) – The Service Provider’s operational term period is defined as July 31, 2025 through December 31, 2026, for each year in which this Agreement remains in effect. Following the end of the operational year, a final reconciled income and expense report must be submitted by February 15, 2027. Final Request for Reimbursement – The Service Provider shall submit the final request for reimbursement no later than February 28, 2027, prior to the expiration of the Agreement. Expenses not included in the final reconciled income and expense report submitted on February 15, 2027, will not be eligible for reimbursement.
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EXHIBIT CINSURANCE REQUIREMENTS Service Agreement between City of Fresno (City)and Poverello House (Service Provider)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 ISO *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 including both (Abuse & Molestation) Insurances that insures against liability arising out of the bodily injury, personal injury, including mental anguish, and third-party property damage occurring because of the wrongful or negligent acts attributable to the institution. The Abuse & Molestation coverage should protect against a wide range of potential claims, including but not limited to athletics, alcohol, assault, verbal and/or physical abuse, campus crime, sexual molestation and other sexual misconducts. MINIMUM LIMITS OF INSURANCE SERVICE PROVIDER, or any party the SERVICE PROVIDER subcontracts with, shall maintain limits of liability of not less than those set forth below. However, 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 herein or the full limit of any insurance proceeds available to the named insured:
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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 products 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. 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 (Abuse & Molestation): (i) $1,000,000 per claim/occurrence; and,(ii) $2,000,000 policy aggregate. UMBRELLA OR EXCESS INSURANCEIn the event SERVICE PROVIDER 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 RETENTIONSSERVICE PROVIDER shall be responsible for payment of any deductibles contained in any insurance policy(ies) required herein and SERVICE PROVIDER 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. The CITY, its officers, officials, employees, agents and volunteers are to be covered as additional insureds. Additional Insured status for all ongoing and completed All-B GSP Agt Not to Exceed (05-2024) -16- operations under the General Liability policy shall be as broad as that contained in ISO Form CG 20 26 04 13.2. The coverage shall contain no special limitations on the scope of protection afforded to the CITY, its officers, officials, employees, agents and volunteers. 3. For any claims relating to this Agreement, SERVICE PROVIDER’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 SERVICE PROVIDER’S insurance and shall not contribute with it. Primary and non-contributory status under the General Liability policy shall be as broad as that contained in ISO Form CG 20 01 04 13. 4. Should any of these policies provide that the defense costs are paid within the Limits of Liability, thereby reducing the available limits by defense costs, then the requirement for the Limits of Liability of these policies will be twice the above stated limits.5. All policies of insurance shall contain, or be endorsed to contain, the following provision: SERVICE PROVIDER and its insurer shall waive any right of subrogation against the CITY, its officers, officials, employees, agents and volunteers.6. 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 the CITY. SERVICE PROVIDER 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, SERVICE PROVIDER shall furnish the 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 the CITY, SERVICE PROVIDER 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. If the Professional Liability (Abuse & Molestation) 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 SERVICE PROVIDER. 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 SERVICE PROVIDER, SERVICE PROVIDER must All-B GSP Agt Not to Exceed (05-2024) -17- 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 the CITY for review.5. These requirements shall survive expiration or termination of the Agreement. SUBCONTRACTORS If SERVICE PROVIDER subcontracts any or all of the services to be performed under this Agreement, SERVICE PROVIDER shall solely responsible for ensuring that itssubcontractors maintain all insurance required here. VERIFICATION OF COVERAGE SERVICE PROVIDER shall furnish the 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 the 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 the CITY, SERVICE PROVIDER 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.
All-B GSP Agt Not to Exceed (05-2024) -18- EXHIBIT DDISCLOSURE OF CONFLICT OF INTERESTPoverello House YES* NO1 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 subcontractors 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