Loading...
HomeMy WebLinkAboutCare Fresno - Care Fresno CalGRIP Provide Community Learning Centers in High Crime Communities-6c o:'z.oa"tll o IEuoO_ø Looó O 12,¿Ì,t'r'/,t 5 /\) GRANT AGREEMENT CITY OF FRESNO, CALIFORNIA AND CARE FRESNO THIS AGREEMENT is entered into effective the 1st day of January,2014, by and between the CITY OF FRESNO, a California municipal corporation ("C|TY"), and CARE FRESNO, a California nonprofit public benefit corporation ("CONTRACTOR'). RECITALS WHEREAS, CITY submitted an application to Board State and Community Corrections (BSCC), for $500,000, in grant funds through the 2013-14 California Gang Reduction, lnteruention and Prevention ("CalGRlP') Program for Cities funded by the CalGRlP lnitiative ("Program"); and WHEREAS, the Program is generally intended to fund local collaborative efforts to reduce gang activity through the use of evidence-based prevention, intervention and suppression activities; and WHEREAS, upon award of grant funds and entry by CITY into a grant agreement as may be subject to a grant program modification ("Grant Agreement") with the State of California consistent with the Program, CITY intends through its Police Department ("FPD') to work with CONTRACTOR for the purpose of implementing community learning centers with in high crime communities and apartment complexes in the City of Fresno; and WHEREAS, CITY and CONTRACTOR believe that development and implementation of the Services, as described herein, will further the above goals, and to this end agree to coordinate and provide the services as described herein; and WHEREAS, performance of the services by CONTRACTOR will be of benefit to CITY and the public interest. AGREEMENT NOW. THEREFORE, in consideration of the above recitals, which recitals are contractual in nature, and the mutual covenants and consideration as hereby acknowledged, the parties mutually agree as follows: 1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS CITY: Fresno Police Department Lieutenant David Newton 2326 Fresno St. Fresno, CA 93721 CONTRACTOR: Care Fresno Nick Jones, Executive Director P.O. Box 8147 Fresno, CA93747 Page 1 of 12 2. ROLES AND RESPONSIBILITIES A. FPD, acting as CITY's representative, subject to all applicable constitutional and local law requirements, shall: L Act as the lead agency to administer the funds from the Grant Agreement with regard to this AGREEMENT. 2. ldentify high crime apartment complexes to CONTRACTOR 3. Provide technical assistance to CONTRACTOR as needed with accessing project related information and/or data needed to adequately implement project objectives, practices, and strategies. 4. Provide gang culture training to CONTRACTOR as needed. 5. Refer Mayor's Gang Prevention lnitiative participants if participant need applies. 6. Meet once per month, or more as may be determined by FPD, with CONTRACTOR to coordinate, resolve problems, determine timetables, discuss implementation and strategies, and address any other issues related to provision of Services by CONTRACTOR. B. CONTRACTOR shall develop and implement community learning centers and associated services (collectively "Services") during the term of this AGREEMENT. ln this regard CONTRACTOR, acting as direct provider of the Services, shall: 1. Act as the lead agency having direct oversight of community learning centers development and implementation. 2. Partner with FPD to identify Fresno highest -crime apartment complexes 3. Work with local churches within identified high-crime apartment complexes. 4. ldentify emerging leaders within churches and community and train them to become community advocates and other areas as needed. 5. Community advocates will be trained but not limited in child development principles for at-risk youth and sociological understandings of impoverished communities and outreach to residents with multitude of issues that are prevalent in violent impoverished neighborhoods. 6. ldentified leaders will live in Fresno highest crime communities and apartment complexes and assist with creation of community learning centers within. 7. Community learning centers will provide daily after school tutoring, mentoring and sports programs for at risk youth. 8. Care Fresno will identify and track all target population receiving services at community learning centers. 9. Will meet with grant project evaluators regarding project tasks, data, measurements and outcome indicators. 10. Document all youth meetings, and provide said documentation to FPD as required by this AGREEMENT and by the Grant Agreement. 11.Meet once per month, or more as FPD may determine is needed, with FPD/MGPI (Mayor's Gang Prevention lnitiative), to coordinate CONTRACTOR's obligations under this AGREEMENT, including the provision of Services, the resolution of problems, determination of timetables, discussion of implementation, evaluation of effectiveness, and to address any other issues related to provision of Services by CONTRACTOR. 12. As applicable, procure all permits and licenses necessary to provide the Services, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the work for the Services. Page 2 of 12 3. 13. Ensure the CITY, BSCC, or any authorized representative, will have suitable access to project activities, data collection and documents at all reasonable times during the term of this AGREEMENT. 14. lmmediately advise CITY of any significant problems or changes that arise during the provision of the Services. REIMBURSEMENT FOR PROGRAM ACTIVITIES A. For the aforementioned services, CITY agrees to reimburse CONTRACTOR solely from allocated and available funds from the Grant Agreement for eligible costs incurred by CONTRACTOR in pursuit hereof, in an amount not to exceed a total of sixty thousand dollars ($60,000) and in accordance with the budget attached as Exhibit A. Reimbursement shall be contingent on CITY's receipt of an approved invoice for eligible costs and any reports and substantiation materials required by CITY. Reimbursement shall also be contingent upon receipt and appropriation by CITY of funding from the Grant Agreement for the Services and the availability of sufficient funds. Nothing in this AGREEMENT shall commit the taxing authority or general fund of CITY, and CONTRACTOR waives any and all claims against CITY, BSCC, and the State of California for costs for the Services that may exceed the sum specified in Exhibit A. B. lf CONTRACTOR should fail to comply with any provision of the AGREEMENT, the City shall be relieved of any obligation for further reimbursement. C. The parties may modify this AGREEMENT to increase or decrease the scope of Services or provide for the rendition of services not required by this Agreement, which modification shall include an adjustment to CONTRACTOR'S reimbursement. Any change in the scope of Services or reimbursement must be made by written amendment to the AGREEMENT signed by an authorized representative for each party. The Chief of Police is authorized to execute any written amendment consistent with the terms of this AGREEMENT for CITY upon approval as to legalform by the City Attorney's Office. AGREEMENT EFFECTIVENESS, TERM AND TERMINATION A. The term of the AGREEMENT shall be retroactive to January 1, 2014 and shall end December 31,2015. B. Notwithstanding the foregoing, this AGREEMENT shall automatically be suspended or terminated upon CITY's written notice to CONTRACTOR of any of the following events: (i) termination of the Program, Grant Agreement or MGPI program; (ii) any non- appropriation or non-allocation of funding under the Grant Agreement required for reimbursement of Services; (i¡i) CONTRACTOR's illegal or improper use of funds, (iv) CONTRACTOR's failure to comply with any term of this AGREEMENT or failure to satisfactorily perform the Services; or (v) CONTRACTOR's submittal of any substantially incorrect or incomplete itemized invoice required for reimbursement. Said suspension of obligations or termination shall take effect immediately unless othenruise specified by CITY. C. CONTRACTOR may terminate this AGREEMENT upon thirty (30) days'written notice to CITY of any of the following events: (i) insufficient funding secured by CONTRACTOR which renders CONTRACTOR unable to provide Services; or (ii) CITY's non-compliance with any material term of this AGREEMENT. 4. Page 3 of 12 5. RECORDKEEPING AND PERFORMANCE DATA A. CONTRACTOR shall track and submit in writing via progress report to CITY the following data due on the 15th of each month: 1. Documentation of activities to be carried out by grant funded projects. 2. Total number of youth and adults enrolled. 3. Age of enrolled youth and adults. 4. Services provided to youth and adults. 5. Outside services youth and adults are referred to. 6. Number of session conducted 7. Number of unduplicated youth and adults. 8. Number of outreach events and trainings conducted 9. List of donated goods and/or services used for the Services, including the basis for valuation. 10. 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 12161 and 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 1 0233, 10308.5, 10354). B. CONTRACTOR shall provide any additional monthly and quarterly reports, and any certifications and supporting documents as required by CITY, within 30 days of CITY'S request for said reports. 6. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION A. Monthly lnvoices: CONTRACTOR shall submit a monthly invoice to FPD for the eligible expenses (Exhibit A) incurred in providing the Services. Billing documentation shall include the following: 1. A breakdown of expenditures by cost category; and 2. Copies of all purchase orders, requisitions and/or receipts. B. Books and Records: CONTRACTOR shall maintain adequate fiscal and prolect books, records, documents, and other evidence pertinent to CONTRACTOR's provision of Services required by this AGREEMENT in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after final payment or longer for any period required by the Grant Agreement or law, and shall be subject to examination and/or audit by CITY or designees, BSCC or designees, state government auditors or designees, or by federal government auditors or designees. This paragraph shall survive expiration or termination of this AGREEMENT. C. Access to Books and Records: CONTRACTOR shall make such books, records, supporting documentations, and other evidence available to CITY or designees, BSCC or designees, the Department of General Services, the Department of Finance, the Bureau of State Audits, and their designated representatives during the course of the Page 4 of 12 7. provision of Services and for a minimum of three (3) years after final payment, or longer if required by the Grant Agreement. CONTRACTOR shall provide suitable facilities for access, monitoring, inspection and copying of books and records related to the grant- funded Services. This paragraph shall survive expiration or termination of this AGREEMENT. D. ln the event of termination, copies of all books, records, documents, and other evidence pertinent to CONTRACTOR's provision of Services required by this AGREEMENT collected or prepared by CONTRACTOR, or in the possession of CONTRACTOR's agents, shall be immediately provided to CITY by CONTRACTOR unless othenruise specified by law. COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT A. CONTRACTOR shall at all times comply with all applicable laws of the United States, the State of California and 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. CONTRACTOR 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. CONTRACTOR agrees to comply with all applicable provisions of the Grant Agreement and cooperate with CITY in meeting the requirements thereunder. B. As applicable, costs and expenditures must be allowable in accordance with OMB Circular A-87, Cost principles for state, local and lndian Tribal Governments. Funds provided by the Grant Agreement are subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-133, Audits of sÍafes, local governments and non-profit organizations. C. The services provided by CONTRACTOR under this AGREEMENT are in addition to CONTRACTOR's budgeted positions. The parties agree that funds from the Grant Agreement shall not be used to replace funds of, or positions othenryise funded by, CONTRACTOR. D. By signing this AGREEMENT, CONTRACTOR certifies under penalty of perjury under the laws of the State of California that (i) CONTRACTOR will comply with the Drug-Free Workplace Act of 1990 (California Government Code sections 8350-8357); and (ii) CONTRACTOR is not listed on any federal or state list of individuals or organizations debarred from receiving a contract or grant, or having its contract or grant cancelled due to failure to comply with respective contract or grant provisions. CONTRACTOR shall complete and submit to CITY all applicable forms required by the Grant Agreement. E. During the performance of this AGREEMENT, CONTRACTOR and its subcontractors shall comply with all Federal and State Statues relating to non-discrimination, including but not limited to prohibitions against discrimination on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age or marital status. CAPACITY OF AGENCY AND CONTRACTOR A. ln the furnishing of the Services provided for herein, CONTRACTOR is acting solely as an independent contractor. Neither CONTRACTOR, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or 8. Page 5 of 12 associate of CITY for any purpose. CITY shall have no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and functions. However, CITY shall retain the right to administer this AGREEMENT so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. This AGREEMENT does not evidence a partnership or joint venture between CONTRACTOR and CITY. CONTRACTOR shall have no authority to bind CITY absent CITY's express written consent. Except to the extent othenruise provided in this AGREEMENT, CONTRACTOR shall bear its own costs and expenses in pursuit thereof. Because of its status as an independent contractor, CONTRACTOR and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to CITY employees. CONTRACTOR 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 AGREEMENT, CONTRACTOR shall be solely responsible, indemnify, defend and save CITY harmless from all matters relating to employment and tax withholding for and payment of CONTRACTOR'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 CITY employment benefits, entitlements, programs and/or funds offered employees of CITY whether arising by reason of any common law, de facto, leased, or co- employee rights or other theory. These obligations are in addition to any other obligations CONTRATOR has under this AGREEMENT. It is acknowledged that during the term of this AGREEMENT, CONTRACTOR may be providing services to others unrelated to CITY or required by this AGREEMENT. 9. INSURANCE Throughout the life of this AGREEMENT, CONTRACTOR shall pay for and maintain in fullforce 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) authorizedby City's Risk Management Division. 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 00 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 LIABILITY insurance which shall be at least as broad as the most current version of lnsurance 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 and property damage. B. c. D. Page 6 of l2 (iii) WORKERS' COMPENSATION insurance as required under the California Labor Code. (iv) EMPLOYERS' LIABILITY insurance (if CONTRACTOR has employee(s) or at such time as he/she employs such person(s) during the life of this Agreement) with minimum limits of $1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each employee. Defense costs shall be provided as an additional benefit and not included within the above limits of liability. CONTRACTOR shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and CONTRACTOR shall also be responsible for payment of any self-insured retentions. The above described policies of insurance shall be endorsed to provide an unrestricted thirty (30) calendar day written notice in favor of CITY of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a ten (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, CONTRACTOR shall provide a new certificate evidencing renewal of such policy not less than fifteen (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, CONTRACTOR shall file with CITY a new certificate and all applicable endorsements for such policy(ies). The General Liability and Automobile Liability insurance policies shall be written on an occurrence form and shall name CITY and each of their officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so CONTRACTOR's insurance shall be primary and no contribution shall be required of CITY. Any Workers' Compensation insurance policy shall contain a waiver of subrogation as to CITY and each of their officers, officials, employees, agents and volunteers. CONTRACTOR shall have furnished CITY with the certificate(s) and applicable endorsements for ALL required insurance prior to CITY execution of the AGREEMENT. CONTRACTOR shall furnish City with copies of the actual policies upon the request of CITY's Risk Manager and this requirement shall survive termination or expiration of this Agreement. The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this AGREEMENT. The duty to indemnify 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 AGREEMENT of indemnification to be provided by CONTRACTOR. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of CONTRACTOR, its officers, officials, employees, agents, persons under the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. lf at any time during the life of the AGREEMENT or any extension, CONTRACTOR fails to maintain the required insurance in full force and effect, all work under this AGREEMENT shall be discontinued immediately, and all payments due or that become due to CONTRACTOR shall be withheld until notice is received by CITY that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate this AGREEMENT. PageT of 12 lf CONTRACTOR should subcontract all or any portion of the services to be performed under this AGREEMENT, CONTRACTOR shall require each subcontractor to provide insurance protection in favor of CITY and each of their 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 CONTRACTOR and City prior to the commencement of any work by the subcontractor. 10. INDEMNIFICATION CONTRACTOR shall indemnify, hold harmless and defend 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, malpractice and property damage) incurred by CITY, CONTRACTOR 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 arise directly or indirectly from the negligent or intentional acts or omissions of CONTRACTOR or any of its officers, officials, employees, agents or volunteers in the performance of this AGREEMENT. CONTRACTOR agrees that this AGREEMENT shall in no way act to abrogate or waive any immunities available to CITY under the Government Claims Act of the State of California. lf CONTRACTOR should subcontract all or any portion of the services to be performed under this AGREEMENT, CONTRACTOR shall require each subcontractor to indemnify, hold harmless and defend CITY and each of their officers, officials, employees, agents and volunteers in accordance with the terms of the preceding paragraphs. This section shall survive termination or expiration of this AGREEMENT. 11. 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 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. For the purposes of this AGREEMENT, "attorney's fees" and "legal expenses" include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing party's attorneys in the course of the representation of the prevailing party in anticipation of and/or during the course of litigation, whether or not othenruise recoverable as "attorneys'fees" or as "costs" under California law, and the same may be sought and awarded in accordance with California procedure as pertaining to an award of contractual attorneys'fees. 12. PRECEDENCE OF DOCUMENTS ln the event of any conflict between the body of this AGREEMENT and any exhibit hereto, the terms and conditions of the body of this AGREEMENT shall control and take precedence over terms and conditions expressed within the exhibit; except for the terms of the Grant Agreement, which is expressly incorporated into this AGREEMENT by reference, and shall control and take precedence over any conflicting term or condition in the body of this AGREEMENT or exhibit hereto. 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 AGREEMENT, shall be null and void. Page 8 of 12 13. NOTICES Any notice required or intended to be given to either party under the terms of this AGREEMENT shall be in writing and shall be deemed to be duly given if delivered personally or deposited into the United States mail, return receipt requested, with postage prepaid, addressed to the party to which notice is to be given at the party's address set forth in Section 1 of this AGREEMENT or at such other address as the parties may from time to time designate by written notice. 14. BINDING Subject to Section 17 below, once this AGREEMENT 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. 15. ASSIGNMENT There shall be no assignment by either party of its rights or obligations under this AGREEMENT 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. 16. 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 approved by and signed by all parties to this AGREEMENT. Waiver of any one provision herein shall not be deemed to be a waiver of any provision herein. 17. 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. 18. 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. 19. SEVERABILITY The provisions of this AGREEMENT are severable. The invalidity or unenforceability of any one provision in the AGREEMENT shall not affect the other provisions' 20. INTERPRETATION Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the party or parties preparing this AGREEMENT, on the express understanding that the Parties participated equally in the negotiation and preparation of the AGREEMENT, or have had equal opportunity to do so. Accordingly, the parties hereby Page 9 of l2 waive the benefit of California Civil Code $1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist. 21. CUMULATIVE REMEDIES CITY may enforce this AGREEMENT in any manner available at law or in equity. Except as provided by Paragraph 11 entitled "Attorney's Fees and Legal Expenses," in no event shall CITY, or its officers, agents or employees, be liable in damages for any breach or violation of this AGREEMENT, it being expressly understood and agreed CONTRACTOR's sole legal remedy for breach or violation of this AGREEMENT by CITY shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this AGREEMENT. 22. 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. 23. ENTIRE AGREEMENT It is mutually understood and agreed that the forgoing constitutes the entire AGREEMENT between the parties. Any modifications or amendments to this AGREEMENT must be in writing signed by an authorized agent of each party. THIS AGREEMENT IS SUBJECT TO RATIFICATION BY COUNCIL ACTION. ilt Ht ilt Page l0 of 12 lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California, effective the day and year first above written. CITY OF FRESNO, a California municipal corporation ATTEST: WONNE SPENCE, CMC City Clerk By: APPROVED AS TO FORM: DOUGLAS T. SLOAN City Attorney Addresses: CITY: Fresno Police Department Attention: Jerry Dyer, Chief of Police 2323 Mariposa Mall Fresno, CA.93721 Attachment: Exhibit A - Cost Breakdown Exhibit B - Grant Agreement CARE FRESNO, a California non-profit corporation ErN# 77-0434973 By: CONTRACTOR: Care Fresno Attention: Nick Jones, Executive Director P.O. Box 8147 Fresno, CA93747 N ICK fONES, Executive Director DARREILFIFIELD, Board of Directors Deputy City Attorney Page11of12 Exhibit A Cost Breakdown of Gare Fresno Program (Services) by (Effective January 1,201ç December 31, 2015) 5 Part-Time Program Site Leads Salary x $12 per hour x322 hours x 2 Years =$38,640 + Tax/Fringe $681 x 5 PT staff = $3,405 Total Salary/Fringe: $42,045 5 site Liability lnsurance x $100 each x 2 years = $1 ,000 8 Sets ofTonerx $125 = $1000 Facility Fee $300 x 24 Months= $7200 Care Camp Transportation for 1 10 Youth= $1000 1 10 youth Campsite Registrations @ $30 each = $3,300 Care Camp Arts/Sports Supplies= $360 Proqram Supplies: I Boxes of Paper x $50= $400 Sports Equipment (5 Sites) = $500 Arts, Crafts and Writing Supplies= $795 Travel/Training: Registratio¡ = $400 Hotel $100 per night x 3 nights x 2 Rooms x 2 trainings = $1,200 Air Flight = $800 Total Cost for the Duration of this AGREEMENT$60,000 Page 12 of '12 STA,TE OF CATIFORNIA cAuFoRNrA GANG REDUCTTON, tNTEVENT|ON, AND PREVENTTON (CAIGRtP) PROGRAM This Grant Agreement is Between the State of California, Board of State and Community Corrections, hereafter referred to as "BSCC" And the City of Fresno An entity duly organized, existing and acting pursuant to the laws of the State of California, Hereafter referred to as the "Grantee". The parties agree as follows: SECTION 1: PROJECT SUMMARY The California Gang Reductíon, lnteruention, and Prevention (CalGRlP) Program provides grants to cities using a local collaborative effort to reduce gang activity through the use of evidence-based prevention, inten¿ention and suppression activities. Each grant city must designate a lead agency to serve as the implementing agency to administerthe grant and coordinate all agencies and community based organîzations (CBOs) participating in this project. SECTION 2: ASSURANCES Grantee agrees to comply w¡th ell conditions of this Grant Agreemerìt, all standard Grant Agreement conditions as contained in Exhibit A; all required assurances as contained in Exhibit B; general terms and conditions as contained in Exhibit C; and all budget items and conditions as contained in lhe Application for Funding/Grent Proposal, attached hereto and made part of this Grent Agreement. Granlee ägrees to comply wíth the financial and administration requirements set forth in the most current edition of the BSCC's Grant Administration and Audit Guide, Federal and State Grants. SECTION 3: PROJECT OFFICIALS The BSCC's Executive Director or designee shall be the BSCC's representative for admìnistratíon of the Grant Agreement and shall have authority to make determinations reiating to any controversies that may arise under or in connection with the interpretation, pedormanceÌ or payment for work performed under this Grant Agreement, Disputes shall be resolved in accordance with the provisions of Exhibit A. The Grantee's project officials shall be those identified as specified on the'Application lnformation' sheet on page 10 of the Request for Proposal; specified as follows; A. B. çlq affre!4a PeBe 1 or3 q sltl 4sß3r!!ÈrL!Ç__8!6-f s, lecljqt,s 1 - 9 _ Authorized officer with legal outhority to sign: NAME: Jerry P. Dyer TITLE: Police Chief ADDRESS: 2323 Mariposa Mall, Fresno, CA 93721 TELEPHONE: 559-52L-2000 FAX: 559-498-5158 EMAIL: Jerry. Dyer@fresno.gov Designated Financiøl Offícer authorized to receive warront* NAME: Judy Garcia TITLE: Grants Manager ADDRESS: 2326 Fresno Street Fresno, CA93721, TELEPHONE: 559-621--2053 FAX: 559-457-1085 E MAI L: Judy.garcia@fresno.gov C. Either pârty may change its project representatives upon written notice to thê other party. SECTION 4: DATA COLLECTION Grantees will be required to participate in the collection of data on a common set of variables (and using one or more common data collection instruments). These common variables will be identified collaboratively by the BSCC and the grantees during the grentee orientation meeting. lt is anticlpated that grantees will be required to submit this common set of variables on a quarterly basis. Data elements may include demographic and other background information, program status information, level and intensity of program services information, and short-term and intermediate-term outcome information. Grantees will also be required to conduct a "Project Evaluation and Outcome" Repoft as outlined in Section lll of the Request for Proposal. SECTION 5: QUARTERTY PROGRESS REPORTS A, Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports will describe progress made on program goals and objectíves, and include required project meâsures, and shall be submitted according to the following schedule: Reporl.ine leriods Due (No Later Than): 1. January I,2Ot4 - March 31,20t4 May 15, 2014 2. April LZA74 - June 30, 2014 August 15, 2014 3. July 1, 20L4 - September 30, 2014 November t5,2OL4 4. October L,2OL4 - December 31.,2OL4 February 15,2015 5. January L,ZO15 - March 31, 2015 May 15, 2015 6. April L,2OL5 -June30,2015 August 15,2015 7, July L, 20L5 - September 30, 2015 November 15, 2015 8, October t,2OL5 - December 31-, 2015 February 15, 2015 _ÇtU ptlresno Page 2 of 3 9t" ^t\p *e,!e!! PSÇç--1QÊ ! 3,--$es!pu !:l- Additional Reoorts 1. Project Evaluation and Outcome Plan April 30, 2014 2. Final Project Evaluation and Outcome Report February 15, 2016 {To be discussed during Project OrÍentatíon) SECTION 6: QUARTERtY FINANCIAL INVOICES A. The Grantee shall be paid for each category by submitting an invoice (Form 201) to the BSCC that outlines actual expenditures ctaimed for the reporting period. An invoice is due to the BSCC even if grant funds are not expended or requested during the reporting period. Due dates for invoices shall follow the above schedule in Section 5. SECTION 7: GRANT AMOUNT AND tIMITATION A. ln no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC, and the State of California on account of project costs that may exceed the surn of the grant award. SECTION 8: AVAILABIL|TY OF FUNDS A. This Grant Agreement is valid and enforceable only if sufficient funds are made available by the Legislature, GranteeagreesthattheBsCC'sobligationtopayanysumtotheGranteeunderany provision of this agreement is contingent upontheavailability of sufficientfunds. SECTION 9: BUDGET 1. Salaries & Benefits $t7otq4 so $5oo,ooo 5670.744 2. Seruices g 5upplies 16.953 so $o S 16,9s3 3. Professional Services 0 $o $o So 4. CBO Contracts (min of 2O% of grant fu nsl $197,303 $o so $197,303 5. lndirect Costs so $o $o $o 6. Evaluation/Data Collection {min 10% of srant funds) $too,ooo $-o $o $1oo,ooo 7. Fixed Assets / Eouioment 5 9,000 so so s g,ooo 8. Other s 6,000 $o So $ e,ooo TOTALS Ssoo,ooo 5o S5oo,ooo SLooo,ooo -tE:Íl,s:tp Gront Ail eement BSCC 80È13, Secfions l-9 Page 3 of 3 EXHIBIT A CALIFORNIA GANG REDUCTION, ¡NTERVENTION, AND PREVENTION (CAIGRIPI PROGR.AM STANDARD CONDITIONS ARTICLE 1: ASSIGNMENT This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of the BSCC and the State of California in the form of a formal written amendment' ARTICLE 2: AMENDMENT No amendment or variatíon of the terms of this Agreement sha Ìl be valid unless made in writing, signed by the parties and approved as required. No oral understanding or âgreement not incorporated in this Agreement is binding on any ofthe parties. ARTICIE 3: PROJECT COSTS The BSCCs Grant Administrotíon and Audit Guide, Federat ond Stote Grants, outlines eligible and ineligible project costs, as well as, match and project income requirements. Grantee is responsible forensuringthat all invoices contain only eligible proiect costs, ARTICLE 4: GRANTEE'S GENERAL RESPONSIBILITY Grantee is responsible for project activities identified in the original Application for Funding/Grant Proposal submitted to BSCC, Review and approval by the BSCC is solely for the purpose of proper administratíon of grant funds, and shall not be deemed to relieve or restrict the Grantee's responsibility. ARTICLE 5: GRANTEË ASSURANCES AND COMMITMENTS Compliance with Laws and Regulations This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable ìocal ordinances. Fulfillment of Assurances and Declarations Grantee shall fulfill all assurances, declaratrons, representatrons, and slatements made by the Grantee in the Applicatíon for Fund¡ng/Grânt Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds. page 1016 - GrÔntAgrcêmenlqsLc-lpqLî-ExhiþilA-lwúlrsaq C, Use of Grant Funds 6rantee is responsible for ensuring that invoices submitted to the BSCÇ claim actual expenditures for eligible project costs, The BSCC Grant Administration and Audit Guide, Federal and State Grant, outlines eligible and ineligible project costs. Grantee shall, upon demand, rern¡t to the BSCC any grant funds not expended for eligible project costs or an arnount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement. Grant funds must be used to supplement existing funds for program activities and may not replace (supplant) non-State/grant funds that have been appropriated for the same purpose. Potential supplanting will be the subject of grant monitoring. Violations can result in a range of penalties {e.g. recoupment of monies provided under thìs grant, suspension of future program fundingthrough BSCC grants, and civil/criminal penalties.) D. Permits and Licenses Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notíces necessary or incidental to the due and lawful proceeding of the project work. E. ContractingRequirements ln accordance with the provisions of this 6rant Agreement, the Grantee may contract with consultants for services needed to implement and/or support program actívities. Gr¿ntee agrees that in the event of any inconsistency between the Grant Agreement, its Exhibits and Grantee's agreement for services with a contractor, the Grant Agreement and its Exhibits will prevail. Grantee shall ensure thât the contrâctor complies with all requirements of the Gränt Agreement, including those related to records in Article 8. Grantee assures that for any contract awarded by the 6rantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained. Grantee agrees to place appropriate language in all contracts for work on the project requiring the Gra ntee's contractors to ; 1) Books and Records Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the contractor's work on the project in accordance with generally accepted accounting principles. Adequate suppoÊíng documentation shall be maintained in such detaìl so as to permit tracing transactions from the invoices, to the accountíng records, to the supporting documentation. These records shall be maintained for a minimum of three (31 years after the acceptance of the final grant project audit under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. Pðge¿of6-ç!s!usr99m3!tq.'ç!^!q-6!4Êr¡¡l¡tl^ 1) 2l _-.c!tt 9J lI-e;.4o ARTICTE 6: Access to Books and Records Make such books, records, supportíng documentatíons, and other evidence avaílable to the BSCC or designee, the Department of General Services, the Department of Finance, the Bureâu of State Audits, ând their designated representatíves during the course of the project and for a minimum of three (3) years after acceptance of thefinal grant project audit. The Contractor shall provide suitable facilitíes for access, monitoring, inspecfion, and copying of books and records related to the grant-funded project, Non-discri mination Clause During the performance of this Agreement, Contractor and its subcontractors shall comply wÍth all Federal and State statutes relating to non-discrimination, including but not limited to prohibitions aga¡nst discrimination on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age or marital stâtus. GRANTEE'S GEN ERAL RESPONSI BILITY A. Grantee is responsible for the project activities identified in the original Application for Funding/Grant Proposal submitted to BSCC. Review and approval by the BSCC is solely for the purpose of proper administration of grant funds, and shall not be deemed to reÍieve or restrict the Grantee's responsibility. ARTICLE 7: PROJECT ACCESS A. Grantee shall ensure that the BSCC, or any authorized representatíve, will have suitable access to project activities, sites, staff, and documents at all reasonable times during the grant period. ARTICTE 8: RECORDS The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actíons taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financiaì records and required repofts. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposìtíon of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records and narrative reports. Personnel and payroll records shall include the time and attendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part-time. Time and effort reports are required for consultants (contractors). The grantee shall maîntain documentation of donated goods and/or services, including the basis for valuation, Gront Agreenent BSCC 80ı 13 Exhîbit A- _clÞ-gL|tsslp-- page 3 or 6 ____=_ __:.,.:_: 2',1 3) B D I I t_ E. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee's principal office, a written index of the location of records stored must be on hand and ready access must be assured. F. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, exämination, monítoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. lf any litigation, claim, negotiation, audit, or other action involvÎng the records has been started before the expiration of the three-year period, the records must be retained untÍl the completion of the aclion and resolution of all issues which arise from it or untÍl the end of the regular three- year period, whichever is later. ARTICLE 9: ACCOUNTING AND AUDIT REQUIREMENTS Grantee agrees that accounting procedures for grant funds received pursuant to this Grant Agreement shall be in accordance with generally accepted government accountíng principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accountÍng recôrds, financlal reports and invoices' The BSCC reserues the right to call for a program or financial audit at any time between lhe executionofthisGrantAgreementand60daysfollowingtheendofthegrantperiod. Atanytime, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement, or take other remedies legally available. ARTICLE 10: CHANGËS Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course ofthe project. No change or modification in the project wìll be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with colÌection of data elements, and other significant changes in the budget or program components contained in the Application for Funding. Changes shall not be implemented by the project until authorized by the BSCC. Under no circumstances will any budget item changes be authorized which would cause the project to exceed the amount of the grant award identified in this Grant Agreement. Fufther, in no event shall changes be authorized forthe lndirect Costs/Administrative Overhead line item that would result in that item exceeding ten percent (107o) of the grant award, ART|CtEll": DISÐURSEMENT A, The Granteê shatl be paid in funded categories using the invoice form submÍtted to the BSCC or other processes determines by BSCC, certifying the accuracy of the reports in accordance with generally accepted governmental accounting prÍncipals and BSCC regulations, guidelines, policies and procedures. A B A C --cil.úlryste.PâBê 4 of 6 çJu!.4stee!!e!-t-B'gçç--q@-ß-t*ttrtþi4 ARTICIE 12: WITHHOLDING OF GRANT DISBURSEMENTS A, The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event thatthe Grantee has materially and substantially breached the terms and conditions of this Grant Agreement. B, At such time as th e ba lance of state fu nds allocated to the Grantee reaches five percent (5%), the BSCC shall withhold that amount as security, to be released to the Grantee upon compliance with all grant provisions, including; L) submittal and approval of the final invoice; 2) submÌüal and approval of the final progress report; 3) submittal and approval of any additional required reports; and 4) submittal and approval of the fi nel audit. C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. lf grant funds have been provided for costs subsequently discovered to be ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee. D. ln the event that grant funds are withheld from the Grantee, the BSCC's Executìve Director or designee shall notify the Grantee of the reasons for withholding and advíse the Grantee of the time within which the Grantee may remedy the failure or violatíon leading to the withholding. ARTICIE13: TERMINATION A. This Grant Agreement may be termìnated at any time by the BSCC, where it âppears that there will be lack of grant funds available to fulfill this Grant Agreement, provided that after such termination, the Grântee shall be entitled to an amount that equals the eligible project costs that have been incurred by the Grantee pr¡or to such termination. B. Thls Grant Agreement may be terminated after the award of the Grant Agreement but prior to completion of the project, by the BSCC, upon action or inaction by the Grantee that constitutes a material and substantial breach of this Grant Agreement, Such action or inaction by the Grantee includes but is not limited to: 1) Substantial aìteration of the scope of the grant project without the prior written approvaì of thE BSCC; Refusal or inability to complete the grant project in a manner consistent with the Application for Funding/Grant Proposal or approved modifications; Failure to provide the required local match share of the total project costs, 4) Failure to meet prescribed assurances, comm¡tments, 6rant Agreement, and recording, accou ntíng, aud iting, a nd reporting requirements, Prior to terminating the Grant Agreement under this provisiort, the BSCC shatl provide the Grantee at least 30 days written notice statíng the reasons fortermination and effective date thereof. The Grantee may appealthe termination decision in accordance with Article 1-4. 2l 3) Jg-gLtßjlto -PâBe 5 of 6 G ro n t A g¡; 99 n9gr-p!! !!þ 1!! Ffr ib i L A ARTICLE 14: DISPUTES F. Grantee shall continue with the responsibilities under this Agreement during any dispute. The Grantee may appeal a BSCC stafi decision on the basis of alleged misapplication, capricious interpretation of the regulations, policies and procedures, or substantial differences of opinion concerning the proper applícation of regulations, policies or procedures. lf the Grantee is dissatísfied with an action of BSCC staff, the Grantee may appeal to the Deputy Direclor of the Correctíons Planning and Programs Division of the BSCC. Such appeals shall be filed within 30 calendar days of the notification of action with whích the Grantee is dissatisfied. The appealshallbe in writing, and shall: . State the basis for the dissatisfaction; r State the action being requested ofthe Deputy Director; and, ¡ Ìnclude any correspondence/documentation related to the cause for dissatisfaction. The Deputy Director will review the correspondence and related documentatíon and render a decision on the appeal within 30 calendar days, except in those cases where the Grantee withdraws or abandons the appeal. The procedural time requirement may be waived with the mutual consent ofthe Grantee and the Deputy Director. The Deputy Director may render a decision based on the correspondence and related documentation submitted bytheGräntee and may consider other relevant sources of information deemedappropriate. ThedecisionoftheDeputyDirectorshall beinwritingandshall providethe rationale for the decision, lf the Grantee is dissatisfied with the decision of the Deputy Director, the Grantee may file a request for review by the BSCC Executive Director. Such a request shall be filed within 30 calendar days after receipt of the Deputy Directo/s decision. The requested review shall be in writing, and shall: . State the basis forthe dissatisfaction; . Statethe action being requested ofthe Executive Director; and ¡ lnclude any correspondence/documentation related to the appeal. The Executive Director, after reviewing the appeal and the correspondence related to the review, may decide the matter on the record or request additional information. After a decision is made by the Executive Director, notíce of the decision shall be mailed to the Grentee. The decision of the Executíve Director shall be final. ARTICLE 15: WAIVER A. The parlies hereto may waive any of their rights under this Grant Agreement unless such wa¡ver is contrary to law, provided that any such waiver shall be în writing and signed by the party making such waiver. pese 6 or 6 -=- ÊrslL4glsganltl-g'tÇLqQ6'lJ' q!!'Ù!i4- A. B. E G. Jn-pÍ.*c:!n 1. 2. 3. 5, 6. EXHIBIT B CALIFORNIA GANG REDUCTION, INTERVENTION, AND PREVENTION (CALGRIP) PROGRAM GEN ERAI TERMS AND CONDITIONS INDËMNIFICATION Grantee agrees to indemnify, defend and save harmless the State its officers, agents and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who rnay be injured or damaged by the Grantee in the performance of thls Grant Agreement. I NDEPENDENT CONTRACTOR Grantee, and the agents and employees of the Grantee, inthe performance of this Agreement, shall act in independent capacitíes and not as officers, employees, or agents of the State. RECYCL]NG CE RTI FI CATION The Grantee shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of recycled conteilt, both post con$umer waste and secondary waste as defined ¡n the Public Contract Code, Sections L2L51 and t22OO, in materials, goods, or supplies offered or products used in the pedormance of this Agreemenf regardless of whether the product meets the required recycled product percentage as defined ¡n the Public Contract Code, Sections 1-2161 and 12200. Grantee may certÍfy that the product contains zero recycled content (PCC 10233, 10308.5, 10354). NO N.D'SCRI M I NATI ON CI-AUSE Grantee and its subcontractors shall comply with all Federal and Stâte statutes relating to nondiscrimination, including but not limited to prohibitions against discrimination on the basis of sex, race, color, ancestry, religious creed, natíonal origin, physical disability (including HIV and AIDS), mental disabiJity, medical condition, age, or marital status. GOVERNING LAW This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California, CHILD SUPPORT COMPLIANCE ACT For any agreement in excess of$100,000, the Grantee acknowledges that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable State and Federal laws relating to chiid and family supporl enforcement, including, but not limited to, disclosure of inforrnation and compliance with earnings âssignment orders, as provided in Chapter 8 commencing with Section 5200 of Part 5 of Division 9 of the f amily Code, 4. CiN Df Fresno Pâge I of 2 Ç, <!:t 4$s s nsrlBÅçf. !!e l!.- _jjI-E-- - B. The Grantee, to the best of its knowledge, shall fully comply with the earnings assignment orders of all employees and is providing the names of alì new employees to the New Hire Registry maintained by the California Employment Development Department. 7. UNENFORCEABLE PROVISION ln the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the pafties agree thât all other provisions of this Agreement have force and effect and shall not be affected thereby. 8. UNION ACTIVITIES For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges the applicability of Government Code SectÍon L6645 through Section 16649 to this Agreement and agrees to the follow¡ng: a, No State funds received under this Agreement will be used to ass¡st, promote or deter union organizin6. b. Grantee will not, for any business conducted under this Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings. c, lf 6rantee incurs costs, or rnakes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficlent to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request. 9. DRUG-FREE WORKPI.ACE Grantees shall comply with the requirements of the Drug-Free Workplace Act of L990 as outlined in Government Code Section 8350 et seq- 10. CONTRACTOR CERTIFICATION CI-A'USES All certifications signed and submitted by the Grantee for the calendar year 20t3lL4 contract shall remain in effect for this Grant Agreement, which commences calendar year 2OL3lL4. -!tg^p-t.lr9:ne-" pase 2 of z -Êß$4s!epÆa.gê-c-c-HÊJí-I¿IÈ!J-E GTC 610 EXIIIBIT C GENERAL TERMS AND CONDITIONS t. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not coÍlmence performance until such approval has been obtained, 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, eíther in whole or in part, without the consent of the State in the form of a forrnal written amendment. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any recorcls and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulatecl. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similal right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code 58546.7, Pub. Contract Code $101 l5 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplfng work services, materials, or supplies in connection with the perforrnance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may lerminate this Agreement and be relieved of any payments should the Contractor fail to perform the lequirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed \À/ith the work in any manner deemed proper by the State. All costs to the State shall be deducled from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractôr upon demand. S. INDEPENÐENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State- 9. RECYCLING CERTIEICATION: The Contractor shall certìfy in witing under penalty of perjury, the minimum, if not exâct, percentage of post consumer material as defined in the Public Contract Cocle Section12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product rneets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e),ihe certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code 912205). 10. NON-DISCRIMINATION CLAUSÐ: During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discrirninate, harass, or allow harassment against any employee or applicant for employment because of sex, tace, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contlactor and subcontractors shall insure that the evaluation and treatment of their employees and applicants 1'or employment are free from such discrimination and hmassment. Contractor and subcontractors shall comply with the provisions ofthe Fair Employment and Flousing Act (Gov. Code 912990 (a-Ð et seq.) and the applicable reguÌations promulgated thereunder (Califomia Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Cocle Section12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated jnto this Agreement by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or othsr Agreement. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. I 1. CERTIFICATION CLAUSE : ThE CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 307 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so providecl. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of Califomia. 15. ANTITRUST CLAIM$; The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Govemment Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pusuant to subdivision (c) of Section 16750 of the Business and Professions Code, 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Govemment Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action ít may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Pai12 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder fbr sale to the purchasing body pursuant to thc bid. Such assignment shall be made and become effective at the tirne the purchasing body tenders frnal payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Govemmeut Code Section 4553. d. Upon demand in witing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose ând (a) the assignee has not been injured thereby, or (b) the assignee declines to file a courl action for the cause of action. See Goverrtment Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with eamings assignment orders, as provided in Cliapter I (comrnencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Flire Registry maintained by the California Employrnent Development Department. I L 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacanciçs in positions funded by the Contract to qualified recipients of aid under'Welf'are and Institutions Code Section 11200 in accord¿rnce with Pub. Contract Code q10353. 19, SMALL BUSINESS PARTICIPATION ANÐ DVBE PARTICIPATION REPORTTNG REOUIREMENTS: a. If for this Contract Contractor made a commitment to achicve srnall business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other tinre period as may be specified elsewhere in this Contract) report to the awarding department the actural percentage of small business participation that was achieved. (Govt. Code $ 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contlact (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that alÌ payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE particìpation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code $ 999.5(d); Govt. Code $ 14841.) LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any percon engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Busincss and Professions Code. (PCC l03aa(e).) 20. S:\ADM lN\HOMEPAGË\G-IC-6 I 0.doc STATE OF CALIFORNLq STANDARD AGREEMENT STD 21 3 (Rev 06/03) This Agreement is entered into between the State Agency and the Contractor named below: BOARD OF STATE AND COMMUNITY CORRECTIONS CITY OF FRESNO 2. The term of this Agreement is: Jrnuary lr2014 through llecember3l,2015 3. The maximum amount $ 500,000.00 of this Agreement is:FIVE HTNDRED THOUSAND DOLLARS. AND ZERO CENTS 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made apart of the Grant Agreement. Seclions I through g Exh¡bit A - Califomia Gang Reduction, lnterventlon and Prevention {CalGRlP) prograrn Standard Conditions Exhibit B- Califomia Gang Reduction, lntervontion and Prevention (CalGRlP) program General Terms and Conditions .Exhib¡t C - GeneralTerms and Conditions Items shwñ w¡th an AsleÊsk (*), arc heteby in@rporatect by referanæ and made pail of th:ß agreernent aË Íf aftaahed he¡etg. Theæ dæumenls can öe y/eu¡ed at http:/lwww.dos.c€.dov/olsûEsôurpeslÉandar(|,c{/ilÊdlanouad6.aæx lN YvlrNEss WHEREOF, tlris Agruement has been executed bythe pardes hereto. CONTRACTOR CONTRACTORS NAME (if oflEr than an lnúvtctuat, .sþtè wl',frw a ætñon, Êitnetsltip, e¡í') CITY OF 2323 lúariposa Mall, Fresno, CA 937 2l STATE OF CALIFORI{IA NAME BOARD OF STATE AND COMMT.JNITY CORRECTTONS gY (A ttM ze d S ¡gtÌ dlure) ,d PRF'¡TED t{AMe AND TITIE OF PÊRSON SIGNING Jean L. Scott, Deputy Direstôr ADORESS 600 Bercut Drive, Sacramento, CA 9581I 3 pages 6 pages 2 pages GTC 610 SY .6 OFPEB{ Chief Calilomia Deparan€gú ú Oe'lfl?r,! Sârvtcos l,se Only DATE SIGIWO@orø94x) APPROVED AS TO FORM Þv,qn$