Loading...
HomeMy WebLinkAboutCalifornia State University Fresno - MOU relating to CalGRIP Program 2015-2017 exp 12/31/2017I s- tqz 3 -¿6-7orS MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU'), effective as of January 1 , 2015 asprovided hereunder, is entered into by and between the CITY OF FRESNO, " California municipal corporation (hereinafter referred to as "Agency"), and California State University, Fresno, Foundation, a California nonprofit organization (hereinafter referred to as "CSUFF'). RECITALS WHEREAS, Agency has submitted an application to the Board of State and Community Corrections ("BSCC") for $1,500,000 in grant funds through the 201 5-2017Grant Funding Cycle California Gang Reduction, lntervention and prevention ("CalGRlP") Program (hereinafter referred to as the "Program"), incorporated by reference herein, funded by the State of California, Sate Budgèt Act, Restitution Funds; and WHEREAS, the Program is intended to enhance the specialized unit and to focus special effort on creating safe neighborhood through a sustained reduction in crime associated with gang violence; and WHEREAS, upon award of grant funds and entry by Agency into a grant agreement with BSCC ("Grant") consistent with the Program, Agency intends throujh its Police Department ("FPD") to work in partnership with CSurr fór thé purpose of a tocal Evaluation Plan; and WHEREAS, Agency and CSUFF believe that implementation of the Program asdescribed herein will further the above goals and to tlris end agree to coordinate andprovide the services referenced herein. AGREEMENT NOW, THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, the mutual covenants herein contained and such other and further consideration as is hereby acknowledged, and subject to the terms and conditions andprovisions of the Program and this MOU, the parties mutually agree as follows: 1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS Agency:AGENCY: Fresno P_olice Department California State University Fresno, Foundation Mayor's Gang Prevention lnitiative Linda Christian Maggie Navarro, Coordinator 2323 Mariposa Mall Fresno, CA93721 4910 N. Chestnut Ave. Fresno, CA 93726-1852 -l- 2. ROLES AND RESPONSIBIL¡TIES A. FPD, acting as Agency's representative, subject to all applicable constitutional and local law requirements, shall; 1. Act as the lead agency to administer the funds from the CalGRlP Grant Agreement to implement a collaborative approach that effectively targets gang violence through enforcement, intervention and prevention programs; 2. Assist CSUFF as needed with accessing project related information and/or data needed to adequately evaluate project objectives, practices, and strategies; 3. Make available certain police databases (e.9. calls for service and crime incident reports) and GlS, the change in the level of crime in target and surrounding neighborhoods, partner agencies performance measurements, access to Mayor's Gang Prevention lnitiative participant database to further support the efforts of CSUFF in their development of a Local Evaluation Plan; and 4. Meet once per month, or more as determined by FPD, with CSUFF to coordinate, resolve problems, determine timetables, discuss implementation and strategies, and address any other issues related to provision of services by CSUFF. B. Through the CalGRlP grant program, CSUFF will have direct oversight of the Program Evaluation and Data Collection Plan, and will conduct a local evaluation and data analysis for the grant funded Project during the term of this MOU. ln this regard CSUFF, acting as direct provider of the Services, shall: 1. Act as the lead agency in coordinating and implementing the Program evaluating grant funded projects; 2. Document all meetings, interviews and studies, and provide said documentation to FPD as required by this MOU and by the Grant Agreement; 3. Provide an integrated team of criminology professors and graduate student assistants in a research-led planning and data-driven evaluation of local gang intervention programs; and 4. Evaluate each program to ensure the Program is being implemented according to its original plan and is serving the needs of the community and target populations. C. Staff of the FPD Mayor's Gang Prevention lnitiative and the Multi-Agency Gang Enforcement Consortium (MAGEC) will coordinate directly with CSUFF to discuss strategies, timetables and implementation of services to meet goals and objectives of the CalGRlP grant program. 3. REIMBURSEMENT FOR PROGRAM ACTIVITIES A. For the aforementioned services, Agency agrees to reimburse CSUFF solely from allocated and available Program Grant funds for eligible costs incurred by CSUFF 2 in pursuit hereof, in an amount not to exceed $50,000 each year for a total of $150,000, in accordance with the Program budget attached as Exhibit A and within the performance period of the Grant Program and Grant period of this MOU. B. Any future applications and award of funds for future Program funding cycles shall be by written amendment to this MOU and signed by both parties. C. Payment shall be contingent on Agency's receipt of an undisputed invoice and any reports and substantiation materials required by Agency. D. lf CSUFF should fail to comply with any provision of the MOU, Agency shall be relieved of its obligation for further compensation. E. Nothing in this MOU shall commit the taxing authority or general fund of Agency. 4. MOU EFFECTIVENESS, TERM AND TERMINATION A. The effectiveness of this MOU is contingent upon Agency receiving the Grant award. The two participating agencies signing this MOU shall be committed to the Grant Program for the entire funding cycle commencing January 1,2015 and ending December 31, 2017. CSUFF acknowledges and agrees that continued funding is dependent upon satisfactory performance by CSUFF and availability of State funding. B. Subject to the foregoing, the term of the MOU is for a 36 month funding cycle Program commencing January 1, 2015, and ending December 31, 2017; the performance period for the Project Evaluation is on a year by year basis, with evaluations being completed and all costs submitted no later than January, 15, of each program year; the final program evaluation of all years to be completed no later than January 15,2018. C. Notwithstanding the foregoing, this MOU shall automatically be suspended or terminated upon Agency's written notice thereof to CSUFF upon any of the following events: (i) Program or Grant termination or suspension, (ii) any non-appropriation or non-allocation of Grant funding required in pursuit hereof, (iii) CSUFF's illegal or improper use of funds, (iv) CSUFF's failure to comply with any term of this MOU, (v) CSUFF's submittal of any substantially incorrect or incomplete itemized invoice required for reimbursement, (vi) CSUFF's failure to comply with grant guidelines in the BSCC Recipient Handbook, or (vii) CSUFF's failure to comply with any applicable provisions of the Grant. RESOURCES FPD will provide: 5. A. -3- Mayor's Gang Prevention Initiative staff to provide oversight and resources to CSUFF relating to this Program and serve as a liaison to the State for programmatic and budgetary issues; and Access to Certain Police Databases, e.g. Calls for Service and crime incident reports as needed for the local evaluation and survey. B.CSUFF will provide: Two (2) 10% FTE Criminology Professors; Four (4) Graduate Student hourly wages to provide assistance to the professors to document and conduct research for the data collection and evaluation; and Tools essential to conduct a survey and/or evaluation to compile project data to assess effectiveness of project goal. 6. RECORDKEEPING AND PERFORMANCE DATA A. CSUFF shall submit in writing a Local Evaluation Plan for BSCC by April 15, 20154, and a final Local Evaluation by February 1 , 20126, both of which shall include the following: Documentation of activities to be carried out by grant funded projects. Description of the research design being used in the evaluation conduct (process evaluation) of projects. Evaluation of project's effectiveness (outcome evaluation), and whether they worked in terms of achieving project goals. Description of process evaluation documenting the fact that all activities described in proposal actually occurred. Recommendations for project adjustments, improving effectiveness, management, and how services impact individuals/target area(s). Local evaluation shall be in a narrative and logical modelformat. List of donated goods and/or services used for the Services, including the basis for valuation. Certification under the penalty of perjury the minimum, if not exact, percentage of recycled content, both post-consumer waste and secondary waste as defined in the Public Contract Code Section 12161and 12200, in materials, goods or supplies offered or products used in the performance of this AGREEMENT, regardless whether the project meets the required recycled product percentage as defined in the Public Contract Code Section 12161 and 12200. CONTRACTOR may certify that the product contains zero recycled content (Public Contract Code Sections 10233, 10308.5, 10354). Number of Community events and participants - Proper documentation will include notices of events; to include date, time and activity, and sign-up sheets of participants. a a I -4- B. CSUFF shall provide any monthly and quarterly reports, and any certifications as required by Agency. 7. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION A. CSUFF shall submit at a minimum a quarterly invoice to FPD for the eligible expenses incurred for Program. Billing documentation shall include the following: 10, A breakdown of expenditures by cost category; 11. Supporting documentation of all costs including payroll registers, general ledgers and checks as requested by Agency; and 12.Time sheet documentation for grant funded staff position. B. CSUFF shall maintain accurate, complete, orderly and separate records for the Program and funding separately from all other funds, including any United States Department of Justice ("DOJ") award funds awarded for the same or similar purposes orprograms. CSUFF agrees that all personnel performing activities hereunder shall maintain separate timesheets to document hours worked for activities related to the Grant and this MOU. Records of CSUFF expenses pertaining to the Program shall be kept on a generally recognized accounting basis. C. All records shall be available to Agency, BSCC, the Comptroller General of the United States, DOJ (including the Office of Justice Programs and the Office of the lnspector General, and its representatives, and the Government Accountability Office ('GAO")), and any of their authorized representatives upon request during regular business hours throughout the life of this MOU and for a period of three years ãtter t¡nat payment or, if longer, for any period required by law or the Grant, ln addition, all books, documents, papers, and records of CSUFF pertaining to the Program shall be available for the purpose of making audits, examinations, excerpts, and transcriptions for the same period of time. This paragraph shall sulive expiration or termination of this MOU. D. CSUFF also understands and agrees that Agency, DOJ and the GAO are authorized to interview any officer or employee of CSUFF regarding transactions related to this MOU. 8. COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT A. CSUFF shall at all times comply with all applicable laws of the United States, the State of California and Agency, and with all applicable regulations promulgated by federal, state, regional, or local administrative and regulatory agencies, now in fórce and as they may be enacted, issued, or amended during the term of this MOU. CSUFF acknowledges receipt of a copy of the Grant Agreement, a copy of which is attached hereto as Exhibit B and the terms of which are incorporated by reference herein. CSUFFs agrees to comply with all applicable provisions thereof (including, without limitation, the BSCC Program Guidelines and the BSCC Recipient Handbóok), and cooperate with Agency in meeting the requirements thereunder. -5- B. The services provided by CSUFF under this MOU are over and above CSUFF's budgeted positions. The parties agree that Grant funds shall not be used to replace funds of, or positions othenruise funded by, CSUFF. C. As applicable, costs and expenditures must be allowable in accordance with OMB Circular A-87, Cost principles for state, local and lndian Tribal Governments. Grant funds are subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-133, Audits of sfafes, localgovernments and non-profit organizations. D. CSUFF shall allow access to Agency, BSCC and any of their representatives for any onsite assessments. E. By signing this MOU, CSUFF certifies under penalty of perjury under the laws of the State of California that (i) Grant funds shall not be used for the purpose of lobbying, as required by Section 1352, Title 31 of the U.S. Code, and implemented as 28 CFR Part 69; (ii) CSUFF will adhere to Federal Executive Order 12549, Debarment and Suspension; and (iii) neither CSUFF, nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the MOU by any Federal department or agency. CSUFF shall complete and submit to Agency all applicable forms required by the Grant Agreement. F. Drug-Free Workplace Certification: CSUFF shall comply with the Drug-Free Workplace Act of 1990 ("the Act"), California Government Code Sections 8350-8357, the Federal Drug-Free Workplace Act of 1988 (41 USC 701), and the requirements of Federal law as implemented in 28 CFR Part 67, Subpart F, Sections 615 and 620. CSUFF shall notify their employees that they are prohibited from engaging in the unlavuful manufacture, distribution, dispensation, possession or use of controlled substances. By signing the signature page of the MOU, CSUFF certifies under penalty of perjury under the laws of the State of California compliance with Government Code Secfion 8355 in matters relating to providing a drug-free workplace, and that CSUFF will: (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Secfion 8355(a). (b) Establish a Drug-Free Awareness Program as required by Gove rnment Code Section 8355(b), to inform employees about all of the following: (i) The dangers of drug abuse in the workplace, (ii) The person's or organization's policy of maintaining a drug-free workplace, (ii¡) Any available counseling, rehabilitation and employee assistance programs, and (iv) Penalties that may be imposed upon employees for drug abuse violations. -6- (c) Provide as required by Government Code Secfion 8355(c), that every employee who works on the proposed MOU: (i) Will receive a copy of the company's drug-free policy statement, and (ii) Will agree to abide by the terms of the company's statement as a condition of employment on the MOU. G. Copyrights, Rights in Data, and Patents: All activities of CSUFF under the MOU are considered "work made for hire" as defined under Title 17 USC Section 101, and shall include but is not limited to, publications, original computer programs, writings, sound recordings, pictorial reproductions, drawings or other geographical representations and works of any similar nature. With regard to any "work made for hire," BSCC owns all rights comprised in the copyright, and therefore BSCC reserves a royalty-free, nonexclusive and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. lf any discovery or invention arises or is developed in the course of, or as a result of, work performed, in whole or in part, under the MOU, CSUFF must refer the discovery or invention to BSCC. Determination of rights to inventions or discoveries shall be made by BSCC, or its duly authorized representative, who shall have the sole and exclusive power to determine whether or not and where a patent application should be filed, and to determine the disposition of all rights to such inventions or discoveries, including title to and license rights under any patent application or patent which may be issued. ln all cases, BSCC shall acquire at least an irrevocable, nonexclusive, and royalty-free license to practice and have practiced anywhere without limitation, for governmental purposes, any invention made with BSCC grant funds. 9. CAPACITY OF AGENCY AND CSUFF A. ln the furnishing of the services provided for herein, CSUFF is acting solely as an independent contractor. Neither CSUFF, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of Agency for any purpose, Agency shall have no right to control or supervise or direct the manner or method by which CSUFF shall perform its work and functions. However, Agency shall retain the right to administer this MOU so as to verify that CSUFF is performing its obligations in accordance with the terms and conditions thereof. B. This MOU does not evidence a partnership or joint venture between CSUFF and Agency. CSUFF shall have no authority to bind Agency absent Agency's express written consent. Except to the extent otherwise provided in this MOU, CSUFF shall bear its own costs and expenses in pursuit thereof. C. Because of its status as an independent contractor, CSUFF and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to Agency employees. CSUFF 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. ln addition, together with its other obligations under this MOU, CSUFF shall be solely -7- responsible, indemnify, defend and save Agency harmless from all matters relating to employment and tax withholding for and payment of CSUFF'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 Agency employment benefits, entitlements, programs and/or funds offered employees of Agency whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. lt is acknowledged that during the term of this MOU, CSUFF may be providing services to others unrelated to Agency or to this MOU. 10. INSURANCE A. Throughout the life of this MOU, CSUFF shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies) either (i) admitted by the California lnsurance Commissioner to do business in the State of California and rated not less than "A- Vl" in Best's lnsurance Rating Guide, or (ii) authorized by Agency's Risk Manager. The following policies of insurance are required: (i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as lnsurance services office (lso) form cG o0 01 and shall include insurance for "bodily injury", "property damage', and "personal and advertising injury", including premises and operation, products and completed operations and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000 aggregate for products and completed operations. (ii) COMMERCIAL AUTOMOBILE LlABlLlry insurance which shall be at least as broad as the most current version of Insurance Services office (lso) form cA 00 01 and shall include coverage for "any auto" with limits of liability of not less than $1,000,000 per accident for bodily injury and property damage. (¡i¡) PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS)insurance with limits of liability of not less than 91,000,000 per claim/occurrence and $2,000,000 aggregate. (iv) WORKERS' COMPENSATION insurance as required under the California Labor Code. -8- (v) EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. B. Defense costs shall be provided as an additional benefit and not included within the above limits of liability. CSUFF shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and CSUFF shall also be responsible for payment of any self-insured retentions. C. The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of Agency of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. ln the event any policies are due to expire during the term of this Agreement, CSUFF shall provide a new ceftificate evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy(ies), Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, CSUFF shall file with Agency a new certificate and all applicable endorsements for such policy(ies). D. The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name Agency, its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so CSUFF's insurance shall be primary and no contribution shall be required of Agency. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to Agency, its officers, officials, agents, employees and volunteers. E. ln the event claims made forms are used for any Professional Liability coverage, (i) the retroactive date must be shown, and must be before the effective date of the MOU or the commencement of services by CSUFF; (ii) insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the services, or the expiration or termination of the MOU, whichever first occurs; (iii) 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 MOU, or services commencement date, CSUFF must purchase extended reporting period coverage for a minimum of 5 years after completion of the services, or expiration or termination of the MOU, whichever first occurs; (iv) a copy of the claims reporting requirements must be submitted to Agency for review; and (v) these requirements shall survive expiration or termination of the MOU. F. CSUFF shall have furnished Agency with the certificate(s) and applicable endorsements for ALL required insurance prior to Agency's execution of the MOU. CSUFF shall furnish Agency with copies of the actual policies upon the request of Agency's Risk Manager and this requirement shall survive termination or expiration of this MOU. -9- G. lf at any time during the life of the MOU or any extension, CSUFF fails to maintain the required insurance in full force and effect, all work under this MOU shall be discontinued immediately, and all payments due or that become due to CSUFF shall be withheld until notice is received by Agency 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 Agency. Any failure to maintain the required insurance shall be sufficient cause for Agency to terminate this MOU. H. The fact that insurance is obtained by CSUFF shall not be deemed to release or diminish the liability of CSUFF, including, without limitation, liability under the indemnity provisions of this MOU. The duty to indemnify Agency 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 CSUFF. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CSUFF, its principals, officers, agents, employees, persons under the supervision of CSUFF, vendors, suppliers, invitees, consultants, sub- consultants, subcontractors, or anyone employed directly or indirectly by any of them. l. Upon request of Agency, CSUF shall immediately furnish Agency with a certificate of insurance, including all endorsements. J. lf CSUFF should subcontract all or any portion of the services to be performed under this MOU, CSUFF shall require each subcontractor to provide insurance protection in favor of Agency, its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the subcontractors' certificates and endorsements shall be on file with CSUFF and Agency prior to the commencement of any work by the subcontractor. 11. INDEMNIFICATION A. To the extent of its fault, CSUFF shall indemnify, hold harmless and defend Agency 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 propefty damage) incurred by Agency, CSUFF or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this MOU, ln no case shall CSUF be liable to Agency hereunder for special, consequential, or punitive damages unless arising out of CSUF's obligation under this section 11 to indemnify Agency against third party claims or suits.B. lf CSUFF should subcontract all or any portion of the work to be performed under this MOU, CSUFF shall require each subcontractor to indemnify, hold harmless and defend Agency and each of its officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. C. This section shall survive termination or expiration of this MOU. -10- 12. ATTORNEY'S FEES AND LEGAL EXPENSES lf either party is required to commence any proceeding or legal action to enforce or interpret any term, covenant or condition of this MOU, the prevailing party in such proceeding or action shall be entitled to recover from the other pady its reasonable attorney's fees and legal expenses. 13. PRECEDENCE OF DOCUMENTS ln the event of any conflict between the body of this MOU and any exhibit hereto, the terms and conditions of the body of this MOU shall control and take precedence over terms and conditions expressed within the exhibit. Furthermore, any terms or conditions contained within any exhibit hereto which purport to modify the allocation of risk between the parties, provided for within the body of this MOU, shall be null and void. 14. NOTICES Any notice required or intended to be given to either party under the terms of this MOU shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, return receipt requested, with postage prepaid, addressed to the party to which notice is to be given at the pady's address set forth in Section 1 of this MOU or at such other address as the parties may from time to time designate by written notice. 15. BINDING Subject to Section 17 below, once this MOU is signed by the parties, it shall be binding upon, and shall inure to the benefit of, the parties, and each party's respective heirs, successors, assigns, transferees, agents, servants, employees and representatives. 16. ASSIGNMENT There shall be no assignment by either pafty of its rights or obligations under this MOU without the prior written approval of the other party. Any attempted assignment by a party, its successors or assigns, shall be null and void unless approved in writing by the other party. 17. WAIVER The waiver by either party of a breach by the other of any provision of this MOU shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this MOU. No provision of this MOU may be waived unless in writing and approved by and signed by all parties to this MOU. Waiver of any one provision herein shall not be deemed to be a waiver of any provision herein. 18. GOVERNING LAW AND VENUE -11- This MOU 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 MOU and any rights and duties hereunder shall be Fresno County, California. 19. HEADINGS The section headings in this MOU 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 MOU. 20. SEVERABILITY The provisions of this MOU are severable. The invalidity or unenforceability of any one provision in the MOU shall not affect the other provisions. 21. INTERPRETATION The parties acknowledge that this MOU in its final form is the result of the combined efforts of the parties and that, should any provision of this MOU be found to be ambiguous in any way, such ambiguity shall not be resolved by construing this MOU in favor or against any party, but rather by construing the terms in accordañce with their generally accepted meaning. 22. 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. 23. NO THIRD PARTY BENEFICIARIES The rights, interests, duties and obligations defined within this MOU are intended for the specific parties hereto as identified in the preamble of this MOU. Notwithstanding anything stated to the contrary in this MOU, it is not intended that any rights or interesté in this MOU benefit or flow to the interest of any third parties. 24. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNIry A. To the extent required by controlling federal, state and local law, CSUFF 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, sèx, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. CSUFF shall carry out applicable requirements of 49 CFR part 26 in the award and -12- administration of contracts hereunder. Failure by CSUFF to carry out these requirements is a material breach of this MOU, which may result in the termination of this MOU or such other remedy or sanction as may be available. B. lt is the public policy of the State of California to promote equal employment opportunity by prohibiting discrimination or harassment in employment because of race, religious creed, color, national origin, ancestry, age (over 40), mental and physical disability (including HIV and AIDS), medical condition (cancer and genetic characteristics), marital status, sex (including sexual harassment), sexual orientation (heterosexuality, homosexuality, and bisexuality), pregnancy (childbirth, or related medical conditions), political affiliation/opinion, Veteran's status or request for family medical leave. CSUFF will not discriminate in the delivery of services or benefits based on the previously identified situations. CSUFF shall comply with Executive Order 11246 as amended by Executive Order 11375 and supplemented at 41 CFR 60. C. CSUFF will include this section in each of its subcontracts and require the same of its subcontractors. 25. ENTIRE AGREEMENT It is mutually understood and agreed that the forgoing constitutes the entire agreement between the parties. Any modifications or amendments to this MOU must be in writing signed by an authorized agent of each party. This MOU is sub.¡'ecf to receipt of Grant funds and ratification by the Council of the City of Fresno. Ht III -13- lN WITNESS THEREOF, the parties have executed this MOU at Fresno, California on the day and year first above written. CITY OF FRESNO, A California municipal corporation ATTEST: Yvonne Spence, City Clerk, BY: APPROVED AS TO FORM: Douglas Sloan City Attorney, City of Fresno Addresses: CITY: Fresno Police Department Attention: Jerry Dyer Chief of Police 2323 Mariposa Mall Fresno, CA93721 CSUFF, a California non-profit organ ization TAXPAYER FEDERAL I.D. #94-6003272 BY: Deborah S. Ad ishian-Astone, Executive Director FOC: California State University Fresno, Foundation Attention: Deborah S. Adishian-Astone Executive Director 4910 N. Chestnut Ave. Fresno, CA 93726-1852 Attachment: Exhibit A - Cost Breakdown Exhibit B - Project Timelines and Performance measures Exhibit C - Grant Agreement of Fresno Police Department Director of Financial Services cMc resno Q-J-zot -r4- EXHIBIT A Galifornia State University, Fresno Local Evaluation Plan will be conducted by a team of California State University, Fresno Department of Criminology Professors and graduate Assistants. The existing collaborative efforts with evaluation team facilitates efforts in contracting with them to design and develop effective research methodologies, conduct data collection, and program analysis/evaluation on the proposal projects as directed in RFP. Dr.Marshall-1 Course Release/Academic year @ 10% Salary-959,000 = $17,700t @ 61% Fringe - $13,193 = $30,883 Marshall-Summer Pay (50% of Summer month each Summer @ $43/hour) = $9,833 Marshall -- Overload Pay (40 hrs during each Ay @ $43ihou4 = $5,160 Dr, Kieckhaefer-1 Course Release/Academic year ' @ 10% Salary-$58,008 = $17,4021 @ 56% Fringe - $12,131 = $29,533 ' Kieckhaefer-summer Pay (b0% of summer month each summer @ $¿g¡nour) = $9,668 ' Kieckhaefer-- Overload Pay (40 hrs during each summer @ $43/hour) = $5,160 ' 2 Grad Students @ $t3p/h x 15 hours x 30 weeks) = $35,100 EXHIBIT A 2 Grad Student Stipends @ $Z,ZOO each = $14,400/Fringe @ 7.65% = g2,685=$17,08S Survey Costs = $7,578 Total cost during three year grant period is: g150,000 Exhibit B Grant Performance Measures for California State University Fresno, Foundation regarding the 2014 Galifornia Gang Reduction, lntervention and Prevention (CalGRlP) Program grant (Performance Period of January 1,2015 - December31,2017l CALIFORNIA STATE UNIVERSITY FRESNO. FOUNDATION Goal: Develop a Local Evaluation Plan for CalGRlP 2014 Program (Due to BSCC bv April 30, 2015) and Develop a Final Local Evaluation for CalGRlP 2014 Program (Due fo BSCC by February 15, 2017) Performance Measurements: Local Evaluation Plan: The purpose of the Local Evaluation Plan is to ensure that the program funded by CalGRlP 2014 can be evaluated. The Plan is to include a detailed description of how the evaluator will assess the effectiveness of all the proposed funded projects. The Local Evaluation Plan can be submitted in either a narrative or bulleted format. The Plan should describe the research design that will be used to evaluate the effectiveness of the project, with the project goals (i.e. the expected benefits to participants or the community) and the project objectives (i.e. specific measurable accomplishments intended to advance project goals) clearly stated. ln addition, Plan should address two components: the process evaluation and the outcome evaluation, outlined in more detail below: Process Evaluation: The purpose of the process evaluation is to identify how the program activities will be carried out. A process evaluation should describe the type of data that will be collected and typically includes, but is not limited to such measures as: Estimated number of participants in the planned program. A plan for tracking participants in terms of progress in the program, start dates, attendance logs, dropouts, successful completions, etc. Plan to document the services provided to each participant. Plan to document the activities performed by staff who conducted the program. Since each CalGRlP project is unique in its approach and the intended results may vary, not all measures in the process evaluation, as stated above, may apply. For example, if an applicant plans to use a portion of the CalGRlP 12 funds towards lnformation System upgrades, a different set of measures may be used to explain the how the program activities will be carried out. Exhibit B Outcome Evaluation: The purpose of the outcome evaluation is to identify how the applicant will determine if the program "worked" in terms of achieving the goals set for the program. The outcome evaluation should list the outcome measures that will be tracked and describe the method by which the impact of the program on the outcome measures will be determined. Final Local Evaluation: The purpose of the final Local Evaluation is to document the activities that were carried out by the project. The evaluation should describe the research design, as discussed in the previously submitted Local Evaluation Plan and Quarterly Progress Reports. The final Local Evaluation must describe the final outcomes of the program, including a determination of the degree of program success. Proving that a program worked is not an easy task. For example, if the goal of the program was to reduce recidivism, an applicant should specify the following: a) A strategy for determining whether or not recidivism was lower at the end of the program as compared to before the program began. b) A rationale for inferring that the reduction in recidivism was directly related to the program and not other factors unrelated to the program.