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$