HomeMy WebLinkAboutCalifornia State University Fresno - MOU relating to CalGRIP Program 2015-2017 exp 12/31/2017I s- tqz
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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
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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
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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:
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A.
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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.
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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.
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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.
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(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
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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.
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(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.
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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.
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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
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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
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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.
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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
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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.