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GRANT AGREEMENT
CITY OF FRESNO, CALIFORNIA
AND THE CALIFORNIA STATE UNIVERSITY, FRESNO FOUNDATION
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 CALIFORNIA
STATE UNIVERSITY, FRESNO FOUNDATION, 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,
lntervention 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 providing the grant evaluation. California State University,
Fresno criminology professors and graduate student assistants will conduct the research-led
planning and data-driven evaluation of the grant funded programs (Mayor's Gang Prevention
lnitiative, Fresno County Equal Opportunities Commission: Tattoo Removal Program, Fresno
Barrios Unidos: El Joven Noble Program, and Care Fresno); and
WHEREAS, CITY and CONTRACTOR believe that development and implementation of
the Services, as described herein, will furlher 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
parlies 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:
California State University, Fresno Foundation
Linda Christian, Post-Award SrglURglUJ .!tg.l13 All3
49'10 N. Chestnut Ave.
Fresno, CA93726-1852
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Page 1 of 12
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2. ROLES AND RESPONSIBILITIES
A. FPD, acting as CITY's representative, subject to all applicable constitutional and local
law requirements, shall:
1. Act as the lead agency to administer the funds from the Grant Agreement with
regard to this AGREEMENT.
2. Assist CONTRACTOR as needed with accessing project related information
and/or data needed to adequately evaluate project objectives, practices, and
strategies.
3. 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 conduct local evaluation and data analysis for the grant funded
project (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 in coordinating and implementing Services evaluating
grant funded projects.
2. Document all meetings, interviews and studies, and provide said documentation
to FPD as required by this AGREEMENT and by the Grant Agreement.3 Provide an integrated team of criminology professors and graduate student
assistants in a research-led planning and data-driven evaluation of local gang
intervention programs.
4. Evaluate each program to ensure the program is being implemented according to
its original plan and is serving the needs of the community and target populations
to include:
o Multiple data sources. For example, police reports, surveys, and
interviews will be accessed to obtain valid and reliable outcome
measures.
o Sophisticated statistical models with appropriate controls for rigorous and
thorough assessment of the causal effects of the programs.
5. Ensure evidence-based practices and adequate evaluations are implemented
throughout the course of the proposed project, by expert researchers in
criminology and evaluation research; with quality data obtained from multiple
sources; utilizing proper research designs.6 Employ sophisticated statistical models and innovative research designs in order
to thoroughly and properly evaluate the outcome of each program.
7. Utilize additional statistical analysis techniques which will properly and thoroughly
evaluate the impact of the programs on the community and target populations
8. 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.
9. 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.
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3
10. 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.
11. 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 one hundred
thousand dollars ($100,000) and in accordance with the budget attached as ExhibitA.
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 legal form 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, (iii) 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 otherwise specified by
CITY
C. CONTRACTOR may immediately terminate this AGREEMENT upon 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 term of this AGREEMENT.
4
Page 3 of 12
5. RECORDKEEPING AND PERFORMANCE DATA
A. CONTRACTOR shall submit in writing to CITY a Local Evaluation Plan for BSCC by
April 15,2014 and a final Local Evaluation by February 1,2016, both of which shall
include the following.
1. Documentation of activities to be carried out by grant funded projects.2. Description of the research design being used in the evaluation conduct (process
evaluation) of projects.
3. Evaluation of project's effectiveness (outcome evaluation), and whether they
worked in terms of achieving project goals.
4. Description of process evaluation documenting the fact that all activities
described in proposal actually occurred.5. Recommendations for project adjustments, improving effectiveness,
management, and how services impact individuals/target area(s).6. Local evaluation shall be in a narrative and logical model format.7. List of donated goods and/or services used for the Services, including the basis
for valuation
8. 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 percentageas defined in the Public Contract Code Section 12161 and 12200.
CONTRACTOR may certify that the product contains zero recycled content
(Public Contract Code Sections 10233, 10308.b, 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.
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; and2. Copies of all purchase orders, requisitions and/or receipts.
B Books and Records: CONTRACTOR shall maintain adequate fiscal and project 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 supporling 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
Page 4 of '12
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
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
peñinent 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 otherwise
specified by law.
7 COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT
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.
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 sfafes, local governments
a nd no n-profit org a n izati on s.
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 otherwise 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
8 CAPACITY OF AGENCY AND CONTRACTOR
A
B
C
Page 5 of 12
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
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 othenvise 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
D. lt 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 full force
and effect all policies of insurance required hereunder with an insurance company(ies) either
(i) admitted by the California lnsurance Commissioner to do business in the State of California
and rated not less than "A- Vl" in Best's lnsurance Rating Guide, or (ii) authorized by 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 advertrsing 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 advedising injury and $2,000,000
aggregate for products and completed operations.
A
B
c
Page 6 of 12
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.
WORKERS' COMPENSAï|ON 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. 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
(i )
()
Page 7 of 12
CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to
terminate this AGREEMENT.
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' ceftificates and endorsements shall be on file with CONTRACTOR and City
prior to the commencement of any work by the subcontractor.
10. INDEMNIFICATION
To the extent of its fault, 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, toft 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 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 porlion of the services to be peformed 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 pady 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 othen¡¿ise 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
Page 8 of 12
to modify the allocation of risk between the parties, provided for within the body of this
AGREEMENT, shall be null and void.
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 parly 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 par1y. Any attempted assignment by a par1y, 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
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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
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.
2,I . 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. Notwithstanding the foregoing, nothing in this Section 21 shall
limit: 1) CONTRACïOR'S rights to recover attorney's fees and legal expenses pursuant to
Section 11, or 2) Any right of CONTRACTOR to recover from CITY benefits provided to CITY
or its officers, employees or agents in excess of those attributable to they of
CONTRACTOR'S comparative fault. ' on
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 padies. Any modifications or amendments to this AGREEMENT must be in writing
signed by an authorized agent of each paÉy.
THIS AGREEMENT /S SUBJECT TO RATIFICATION BY COUNCIL ACTION.
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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:
YVONNE SPENCE, CMC
City Clerk
CALI FORNIA STATE UNIVERSITY,
FRESNO FOUNDATION
a California non-profit corporation
EtN# 94-6003272
By
D
THOMAS MCCLANAHAN,
Associative Vice President for Research
And Sponsored Programs
By
/ty
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
Addresses:
CITY:
Fresno Police Depafiment
Attention: Jerry Dyer,
Chief of Police
2323l,i'ariposa Mall
Fresno, CA.93721
Attachment:
Exhibit A - Cost Breakdown
Exhibit B - Grant Agreement
CONTRACTOR:
California State University, Fresno Foundation
Attention: Deborah S. Adishian-Astone
Executive Director
4910 N. Chestnut Ave
Fresno, CA 93726-1852
R, CKief of Police
Police Department
AH S ADISH
Executive Director
Page 1'l of 12
Exhibit A
Cost Breakdown of Fresno State University Evaluation of Fresno Gang Reduction, lntervention,
and Prevention Programs
(Effective January 1, 2014- December 3'1, 2015)
BUDGET
PERSONNEL SALARIES
Clement-l Course Release/Academic Year (10% of 563,180 AY salary per yr)= 512,636
Clement-- Summer Pay (25 hrs during each summer @ $46/hour) = $2,300
Kissner-- 1 Course Release/Academic Year (1O% of 567,116 AY salary)= 513,423
Kissner-- Summer Pay (25 hrs during each summer @ S49/hour) = $2,450
Kikuchi-- l Course Release/Academic Year (1,O% of 557,000 AY salary)= $11,400
Kikuchi-- Summer Pay (25 hrs during each summer @ 542lhour) = $2,100
STUDENT SALARIES
Grad Student-(2 grad students @ 512p/h for 15 hours for 30 weeks) = 521,600
Grad Student Stipends -- (2) = $9,600
FRINGE BENEFITS
Clement (61-% Rate) =57708
Kissner (41% Rate) =S5504
Kikuchi (51% Rate) = $s814
Faculty Stipends Taxes (@ 16% Rate) = S1096
Student Stipend Taxes (@7.65% Rate) = 51652
MATERIAL AND SUPPLIES
Survey Costs - (printing costs, mailing supplies, postage) = 52717
Total Cost for the Duration of this AGREEMENT 5100,000
Page 12of 12
STATE OF CALIFORNIA
cAuFoRNtA GANG REDUCTION, INTEVENT|ON, AND pREVENTTON (CALGRtp) 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, existíng and acting pursuant to the laws of the State of California,
Hereafter referred to as the ¿'Ç¡¿¡16s".
The parties agree as follows:
SECTION 1: PROJECT SUMMARY
The California Gang Reductíon, lntervention, and Prevention (CalGRlP) Program provides grânts to citÍes using
a local collaborative effort to reduce gang activitythrough the use of evidence-based prevention, intervention
and suppression activities. Each grant city must designate a lead agency to serve as the implementing agency
to administerthe grantand coordinate all agencies and community based organizations (CBOs) participating in
this project.
SECTION 2: ASSURANCES
A, Grantee agrees to comply with ell conditions of this Grant Agreement, 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 the
Application for Funding/Grant Proposal, attached hereto and made part of this Grant Agreement.
B. Grantee agrees to comply with the financial and administration requirements set forth in the most
current editiorr of the BSCC's Grant Administration and Audit Guide, Federal and State Grants.
SECTION 3: PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the
Grant Agreement and shall have authority to make determinations relating to any controversies that
may arise under or in connection with the interpretation, performance, or payment for work
performed under this Grant Agreement. Disputes shall be resolved in accordance with the provisions
of ExhibitA.
B, The Grantee's project officials shall be those identified as specified on the Application lnformatíon'
sheet on page 10 of the Request for Proposal; specified as follows:
ç¡AaIlrgsno *_Page I of 3 Ø.gll4B:SllS:tt 8ÅÇç 80eË!_Sqctiaîs 1-g -
Authorized officer with legal author¡ty to sign:
NAME: Jerry P. Dyer
TITLE: Police Chief
ADDRESS: 2323 Mariposa Mall, Fresno, CA937ZI
TELEPHONE: 559-521-2000
FAXr 559-498-5168
EMATL: Jerry.Dyer@fresno.gov
Designated Finoncial Offìcer authorized to receive warronts:
NAME: Judy Garcia
T¡TLE: Grants Manager
ADDRESS: 2326 Fresno Street, Fresno, CA93l2L
TELEPHONE: 559-521-2053
FAX: 559-457-L085
EMAI L: ludy.garcia@fresno.gov
C. Either party may change its project representatives upon wrfüen notice to the other party.
SECTION 4: DATA COLLËCTION
Grantees will be required to participate in the collection of data on ä 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 grantee orientation meeting. lt is anticipated 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 stätus information, level and intens¡ty of program services
ínformation, and short-term and intermediate-term outcome information. Grantees will also be required to
conduct a "Project Evaluation and Outcome" Report as outlined in Section lll of the Request for Proposal.
SECTION 5: qUARTERLY PROGRESS REPORTS
A. Grantee will submit quarterly progress repofts in a format prescribed by the BSCC, These repons will
describe progress made on program goals and objectives, and include required project measures, and
shall be subrn jtted according to the following schedule:
Reportine Periods
L. January t,2tL4 - March 3t,2014
2. April 1,,2OI4 - June 30, 2O14
3. July 1,,20L4 - September 30,2OL4
4. October 7,20]-[ - December 3L,2Ot4
5. January 1, 2015 - March 3L, Zt75
5. April 1.,20L5 - June 30, 201"5
7. July l-, 20L5 - September 30, 2015
8. October L,2OI5 - December 31, 2015
Due lNo LaterThanl;
May L5, 2014
August 75,20'1,4
November L5,2Ot4
February L5,2OL5
May 15, 2015
August 15, 2015
November 15, 2015
February 15,2Ot6
-Qry.s[!tqqto**-
Add.itipnal Reports
1. Project Evaluation and Outcorne Plan April3O, 20L4
2. Final Project Evaluation and Outcome Repoft February L5, 201-6
(To be discussed during Project Oríentation)
SECTION 6: qUARTERLY FINANCIAL INVOICES
A, The Grantee shall be paid for each category by submitting an invoice (Form 201) to the BSCC that
outlines actual expenditures claimed for the reporting period. An invoice is due to the BSCC even if
grant funds are not expended or requested durÍng the reporting period, Due dates for invoices shall
follow the above schedule in Section 5.
SECTION 7: GRANT AMOUNT AND LIMITATION
A. ln no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee
wäives any and alJclaims against the BSCC, and the State of California on account of project costs that
may exceed the sum of the grant award.
SËCTION 8: AVAILABILITY OF FUNDs
A. This Grant Agreement is valid and enforceable only if sufficientfunds are made availabte by the
Legislature. Gräntee agrees that the BSCCs obligatíon to pay any sum to the Grantee under any
provision of this agreement is contingent upon the availability of sufficient funds.
SECTION 9; BUDGET
1. Salaries & Benefits $tlo,lu $o $soo,ooo $øto,ll+
2. Services & Supplies $ 16,953 $o so $ 16,9s3
3. Professional Services so $o $o So
4. CBO Contracts
(mín of 20% of Erant funs)
$197,303 $o $o $197,303
5. lndirect Costs $o $o So $o
6. Evaluation/Data
Collection
{min 10% of srant funds)
$1oo,ooo $-o $o $1oo,ooo
7. Fixed Assets /
Equipment
$ g,ooo $o so 5 9,ooo
8. Other $ 6,000 $o $o $ 6,000
TOTALS sSoo,ooo $o $500,000 $t ooo,ooo
SIH_gLfrjsrq
EXHIBIT A
cALt FORN lA GANG REDUCilON, INTERVENTION, AN D PREVENTION (CAIG RIP) PROGRAM
5TANDARD CONDITIONS
ARTICLE 1;ASSIGNMENT
This Agreement is not assignable by the Grantee, either in whole or ìn 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 variation of the terms of this Agreement shall be valid u nless made in writÍng, signed by the
parfies and approved as required, No oral understanding or agreement not incorporated in this Agreement is
binding on ârìy of the parties.
ARTICLE 3:PROJECT COSTS
The BSCC's Grant Administotion and Audit Guide, Federal or¡d Stote Gronts, outlines eligible and ineligible
projectcosts,aswellas,matchandprojectincornerequirements. Granteeisresponsibleforensuringthatall
invoices contain only eligible project costs.
ARTICLE 4: GRANTEE,S GENERAL RESPONSIB¡LITY
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 administration 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 local ordinances.
Fulfi llment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representatíons, and statements made by the
Grantee in the Application for Funding/Grant Proposal, documents, amendments, approved
modifications, and communications filed in support of its request forgrantfunds.
A.
B.
City of Fresno
Page 1 of 6
Gfgltt_.\gI91ry9tjt _BSCC 80614 _Exhibit A
C. Use of Grant Funds
Grantee is responsible for ensuring that invoices submitted to the BSCC, 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, remit to the BSCC any grant funds not expended for eligible project costs or ân
amount equal to any grant funds expended by the Grantee in violation of the terms,
provisions, conditions or commítments 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 mon¡tor¡ng. Violations can result in a range
of penalties (e.g. recoupment of monies provided under this grant, suspension of future
program fundingthrough BSCC grants, and civil/criminal penalties.)
E.
Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all
charges and fees, and give all notices necessary or incidentalto the due and ìawful proceeding of
the project work.
Contracting Requirements
ln accordance with the provisions of this Grant Agreement, the Grantee may contract wìth
consultants for services needed to implement and/or support program activities. Grantee 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 that the contractor complies with all requirements of the Grant Agreement,
including those related to records in Artícle 8.
Grantee assures that for any contract awarded by the Grantee, such insurance and fideliff bonds,
âs is customary and appropriate, will be obtained.
Grantee agrees to place âppropriâte language in al! contracts for work on the proiect requiring the
Grantee'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 prirrciples. Adequate supporting documentation shall be maintained in such detail
so as to permit tracing transactíons from the invoices, to the accounting records, to the
supporting documentation, These records shall be maintained for a minimum of three (3)
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 Bovernmenl auditors or designees.
1)
2l
D.
--c-M.-olîtgte Page2of6 '-GrantAqreement BSCC 806 13 ÊxhibitA,
2)Access to Books and Records
Make such books, records, supporting documentatíons, and other evidence available to the
BSCC or designee, the Department of General Serr,iices, the Department of Finance, the Bureau
of State Audits, and their designated representatÍves during the course ofthe project and for a
minimum of three (3) years after acceptance of the final grant project audit. The Contractor
shall provide suitable facilities for access, monitoring; inspeclion, and copying of books and
records related to the grant-funded project,
Non-discrirnination Clause
During the performance of this Agreement, Contractor and its subcontractors shall comply
with all FederaI and State statutes 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 stâtus.
GRANTEE'S GENERAL RESPONSI BILITY
3)
ARTICLE 6:
Grantee is responsible for the project activities identified in the original Application for Funding/Grant
Proposal subrnitted 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 relieve or restrict the Grantee's
responsibility.
ARTICLE 7:PROJECT ACCESS
A. Grantee shall ensure that the BSCÇ or any authorized representative, will have suitable access to
project activities, sites, staff, and documents at all reasonable times during the grant period.
ARTICLE 8: RECORDS
c.
The Grantee shall establish an official file for the project. The file shall contain adequate
docurnentation of all actíons taken with respect to the project, including copies of this Grant
Agreement, approved program/budget modifications, financíal records and required reports.
The Grantee shall establish separate accounting records and maintain documents and other
evidence suffícient to properly reflect the amount, receipt, and disposition 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 repofts.
Personnel and payroll records shall include the time and attendance reports for all individuals
reimbursed underthe grant, whetherthey are employed full-time or part-time. Time and effort
repofts are required for consultants (contractors).
The grantee shall maintain documentation of donated goods and/or seruices, including the basis
for valuation.
A.
B.
Page 3 of 6 !,_sutjsregltyüAçCC-qQ6*!-3--EÅ| j.b_!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 G rantee 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 tímes to inspection,
examination, monltoring, copying, excerpting transcribing; and auditing by the BSCC or designees,
lf any litigation, claim, negotiation, audit, or other action involving the records has been started
before the expiratíon of thethree-year period, the records must be retained untilthe completion
of the action and resolution of all issues which arise from it or until the end of the regular three-
year period, whichever is later.
ARTICLE 9: ACCOUNTING AND AUÐlr REQUIREMENTS
A, 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
präctices, and adequate supporting documentation shall be maintained in such detail as to
provide an audit trail. Supporting documentation shall permit the tracìng of transactions from
such documents to relevant accountíng records, financial reports and invoices.
B. The BSCC reserves the right to call for a program or financial audit at any time between the
execution of this Grant Agreement and 60 days following the end of the grant period. At any time,
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 Agreernent, 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 will be permitted without prior written approval from the
8SCC. Changes may include modification to project scopê, changes to performance measures,
compliance with colleclion 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 itern changes be authorized which would cause the
project to exceed the amou nt of the grant award identified in this Gra nt Agreement. Further, in
no event shallchanges be authorized forthe lndireci Costs/Administrative Overhead line item that
would result in that item exceeding ten percent {10%}of the grant award.
ARTICLEll: DISBURSEMENT
A. The Grantèê shall be paid in funded categories using the invoice form submitted to the BSCC
or other processes determines by BSCC, certifying the accuracy of the reports in accordance
with generally accepted governmentalaccounting principals and BSCC regulations, guidelines,
policies and procedures.
A
B
C
-c!w-s[-l:prp Päge 4 of 6
ARTICLE 12: WITHHOLDING OF GRANT DISBURSEMENTS
The BSCC maywithhold allorany portion of the grantfunds provided bythis Grant Agreement in
the event that the Grantee has materially and substantÍaìly breached the terms and conditions of
this Grant Agreement.
At such time as the balance of state funds 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: 1) submittal and approval of the final invoice; 2) submittal and
approval of the final progress reporU 3) submittal and approval of any additional required reports;
and 4) submittal and approvalof the final audit.
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.
ln the event that grant funds are withheld from the Grantee, the BSCC's Executive Director or
designee shall notify the Grantee of the reäsons for withholding and advise the Grantee of the
time within which the Grantee may remedy the failure or violation leading to the withholding.
ARTICLE13: TERMINATION
This Grant Agreement may be terminated at any time by the BSCC, where it appears that there
will be lack of grant funds available to fulfill this Grant Agreement, provided that after such
termination, the Grantee shall be entitled to an amount that equals the eligîble project cosis that
have been incurred by the Grantee prior to such termination.
This Grant Agreement may be terminated after the award of the Grant Agreernent but pr¡or to
completion of the project, by the BSCC, upon action or inaclion by the Grantee that constÍtutes a
material and substantial breach of this Grant Agreement. Such action or inaction by the Grantee
includes but is not limited to:
1) Substantial alteration of the scope of the grant project without the prior written approval of
the BSCC;
2l Refusal or inability to complete the grant project in a manner consistent with the Applicatìon
for Funding/Grant Proposal or approved modifications;
3) Failure to provide the required local match share of the total project costs.
4l Failure to meet prescribed assuränces, cornmitments, Grant Agreement, and recording,
accounti ng, a uditrn g, a nd re po rti ng requ i rements.
Prior to terminating the 6rant Agreement under this provision, the BSCC shall provlde the Grantee
at least 30 days written notÍce stating the reasons for termination and effective date thereof. The
Grantee may appealthe termination decision in accordance wilh Article 1.4.
Fese s or6 -----!'anW39!!"9!!i-l9ç!!î13-!4btbiI-4-
A,
B.
c
D.
A.
B.
C
*Sjgs[-!:e-s!e
ARTICTE 14: DISPUTES
E,
F.
Grantee shall continue with the responsibilities under this Agreement during any dispute.
The Grantee may appeaI a BSCC staff decision on the basis of alleged misapplication, capricious
lnterpretation of the regulations, policies and procedures, or substantial differences of opinion
concerning the proper applícation of regulations, polÍcies or procedures,
lf thê Grantee is dissatisfied with an action of BSCC staff, the Grantee may appeal to the Deputy
ÐÍrector of the Corrections Plannìng and Programs Division of the BSCC. Such appeals shall be
filed within 30 caJendar days of the notification of action with which the Grantee ìs dissatisfied.
The appealshall be irr writing, and shall:
c State the basis for the dissatisfaction;
. State the action being requested ofthe Deputy Director; and,
¡ lnclude any correspondence/documentation related to the cause for dissatisfaction.
The Deputy Director will review the correspondence and related documentation and render a
decision on the appeal within 30 calendar days, except in those cases where the Grantee
w¡thdraws or abandons the appeal. The procedural time requirement may be waived with the
mutual consent ofthe Grantee and the Deputy D¡rector.
The Deputy Director may render a decision based on the correspondence and related
documentation submitted by the Grantee and may consider other relevant sources of information
deemed appropriate. The decision of the Deputy Director shall be in writing and shall provide the
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:
r State the basis forthe dissatisfaction;
. State the âction being requested ofthe Executive Director; ând
¡ 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, noTice of the decision shall be mailed to the Grantee. The decision of the
Execut¡'ve Director shall be final.
A.
B.
c.
D.
G
ARTICLE 15: WAIVER
A. The parties hereto may waive any of their rights under this Grant Agreement unless such
waiver is contrary to law, províded that any such waiver shall be ín writing and signed by the
party making such waiver.
Citv of Fresno
Pãge 6 of 6
çLs!!-4s.\99!!-eJrlgfcf ,q@tJ"-ft þ,þt!4--
EXHIBIT B
CALI FORNIA GANG REDUCTION, INTERVENTION, AND PREVENT¡ON (CALGRIP} PROGRAM
GENERAL TERMS AND CONDITIONS
1. INDEMNIFICAT¡ON
Grantee agrees to indemnify, defend and save harmless the Stâte, its officers, agents and employees from
any and allclaims and losses accruing or resulting to anv person, firm orcorporation who may be injured
or damaged by the Grantee in the performance of this Grant Agreement.
2. INDEPENDENT CONTRACTOR
Grantee, and the agents and employees of the Grantee, inthe performânce of this Agreement, shallact in
independent capacitíes and not as officers, employees, or agents of the State,
3. RECYCLING CERTIFICATION
The Grantee shall certify in writing under 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,
Sections 121-61- and 12200, in materials, goods, or supplies offered or products used in the performance of
this Agreement, regardless of whether the product meets the required recycled product percentage as
defined in the Public Contract Code, Sections 12161 and 12200. Grantee may certifo that the product
contains zero recycled content {PcC 10233, 1-0308.5, 10354),
4- NON-DISCRIMINATION CI.AUSE
Grantee and its subcontractors shall comply with all Federal and State statutes refating to
nondiscrimination, including but not limited to prohibitions against discrimination on the basis of sex, race,
color, äncestry religious creed, natÍonal origin, physical disability (including HIV and AIDS), mentâl
disability, medical condition, age/ or marital stâtus.
5. GOVERNING LAW
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of
Califorrria.
6, CH¡LD SUPPORT COMPLIANCE AgT
For a ny agreement in excess of $ 100,000, the 6 rantee acknowledges that;
A. The Grantee recognÌzes 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 earnings ôSs¡gnment
orders, as provided in Chapter B commencing with Section 5200 of Pârt 5 of Division 9 of the
Family Code,
__çlH.-ol_y_e_Í!9 p â se 1 or z - - - - - - - - - - - - - - - - - - - i rg nWÌ e! 19 "t-L S-c-ç--8! e-'Jl' -#H þiI B*
- -
7.
8.
9.
10.
B. The Grantee, to the best of its knowledge, shallfully comply with the earnings assignment orders
of all employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department,
UNENFORCEABLE PROVISION
ln the event that any provision of this Agreement is unenforceable or heìd to be unenforceable, then the
parties agree that alJ other provisions of this Agreement have force and effect and shall not be affected
thereby.
UNION ACTIVITIES
for all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges the
applÍcability of Government Code Section 16645 through Section L6649 to this Agreement and agrees to
the following:
a. No State funds received under this Agreement will be used to assist, promote or deter union
organizing,
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 Grantee incurs costs, or makes expenditures to assist, prornote or deter union organizing, Grantee
will maintain records sufficient 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.
DRUG-FREE WORKPLACE
Grantees shall comply with the requírements of the Drug-Free Workplace Act of l-990 as outlined in
Government Code Section 8350 et seq.
CONTRACTO R CERT¡FICATION CLAUSES
All certifications signed and submitted by the Grantee for the calendar year 2013/14 contract shall remain
in effect for this Grant Agreement, which commences calendar Vear 2OI3l14.
*C_i_figf_ne_sn_o_Page 2 of 2
crantllgreqgÆP;!Ç__fl6_J4_84\þ,tQ
GTC 610
EXHIBIT C
GENERAL TERMS AND CONDITIONS
l APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Deparlment of General Services, if required. Contmctor may not cofirmence
performance until such approval has been obtained.
2. AMENDMÐNT: 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, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4, AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representåtive shall have the right to review and
to Çopy any records 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 ionger period of records retention is stipulatecl. Contractor
agrees to allow the auditods) 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 similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code $8546.7, Pub.
Contract Code $ 101 l5 et seq., CCR Title 2, Section 189ó).
5. INDEMNIFICATIQN: 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 supplying work services, materials, or supþlies in connection with the perforrnance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or coqporation 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 terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
tirne and in the manner herein provided. In the event of such termination the State may proceed
with the work in any maffrer deemed proper by the State. All costs to the State shall be deducted
frorn any sum due the Contractor rurder this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
S.INDEPENÐENT CONTRACTOR: Contractor, andthe agents and employees of Contractor,
in the performance ofthis Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICAJION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Cocle Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. V/ith respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall speciff that the cartridges so
comply (Pub. Contract Code 912205).
10. NON-DISCRMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment because of sex, race, color, ancestry, religious creed,
national origin, physical disability (including HIV and AIDS), mental disability, medical
condition (e.g., cancer), age (over 40,), marital statts, and denial of family care leave. Contractor
and subcontractors shall insure that the evaluation and treatment of their employees and
applicants f'or ernployment are free from such discrimination and harassment. Contractor and
subcontractors shall compiy with the provisions ofthe Fair Employment and Housing Act (Gov.
Code 512990 (a-f et seq.) and the appìicable regulations 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 Section 12990 (a-f), set
forth in Chapter 5 of Division 4 of Title 2 ofthe California Code of Regulations, are incorporated
into 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 other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
1I. CERTIFICATION CLAUSES: 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 provided.
14. GOVERNING LAV/: This contract is governed by and shall be interpreted in accordance
with the laws of the State of Califomia.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that íf
these services or goods are obtained by rneans of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Governmenl 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 pursuant 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. Government 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 assígn to the purchasing body atl rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Carnruright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Ðivision 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder f'or sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the timç the purchasing body tenders final 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 incured in obtaining that portion of the recovery. Govemment Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, r¡/ithiri 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 and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Goverrrment Code Section 4554.
16. CI{ILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7l10, that:
a. The contractor recognizes the importance of child and farnily support obligaiions and shall
fuily 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 Clrapter 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 Califomia Employmerrt Development Department.
17. UNENFORCEABLE PROVISION: kr the event that anyprovision ofthis 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 vacancies in positions funded
by the Contract to qualified recipients of aid under \I/eltàre and Institutions Code Section 11200
in accordance with Pub. Contract Code 510353.
19, SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTiNG
REQUIBEMENTS:
a, If for this Contract Contractor made a commitment to achieve srnall business participation,
then Contractor must within 60 days of receiving final payment rurder this Contract (or within
such other time period as mây be specified elsewhere in this Contract) report to the awarding
deparlment the actual percentage of small business participation that was achieved. (Govt. Code
$ 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veleran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Conttact (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (l) the total amount the prime
Contractor received under the Contract; (2) the name and address of the ÐVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payrnents under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalfy for each violation. (Mil.
& Vets. Code $ 999.5(d); Govt. Code g 14841.)
LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is ilcorporated: It is unlawful for any person 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 Business
and Professions Code. (PCC 103aa(e).)
20
S;\ADM IN\HOMEPAGÊ\C] C'ó I 0.doc
STATEOF CALIFORNIA
STANDARD AGREEMENT
sTD 213 (Rev 0ô/,03)
REGISTRATION NUMBER
1' This Agreement ¡s entered into betvt¡een the State Agency and the Contractor named below:
STAITEAGENCYS I'IAME
BOARD OF STATE AND COMMI.JNTTY CORRECTIONS
CONTRACTOR€ NAME
CITY OF FRESNO
2. The term of this
Agreernent is:
Jenuary lr7,0L4 through December 3l' 20lIí
3, The maximum amount $ 500,000.00
of th¡s Agreement is:FIVE HUNDRED THOUSAND DOLL,ARS, AND ZERO CENTS
4. The parties agree to comply with the terms and conditions of the following exhibite which are by this reference made a
part of the Grant Agreement.
Sections 1 through g
Exhibit A - CalÍfomia Gang Reduclion, lntervent¡on and Prevention (CalGRlF) Program
Standard Conditions
Exh¡bit B - Califomia Gang Reducton, lntervention and Prsvention (CalGRlP) Program
General Terms and Conditions
*Exhib¡t C - GeneralTerms and Conditions .
Itefls sf,otdn with an Asterisk (J, arc hereby inærporated by rcfercnæ and made paft of this agrcement as ff at¡äüf€rt ô6r€fo.
ThcsÊ clæumen|s cEn äe viewd at http:h1¡tww.das-ca-oouy'olsfiesou¡æs/denda¡funtndlanouæe.asnx
lN wrNEss vyHEREoF, thie Agreement ha¡ been sxecuúed bythe partiee hercto.
CONTRACTOR
CONTRACTOR'S l\lÂfutE (f oúïerftran rfi,hde?otrd slgfe whelh¿rtæ$onfon, pårtnersÄþ, e{uJ
CITY OF
É
JerryP.
ADDRËSS.
2323 Mariposa Mall, Fresno, CA 93721
STATE OF CALIFORNIA
AGENCYNAIIE
BOARD OF STATE AND COMMUMTY CORRECTIONS
BY (AtffizêdSigneturÐ)
.d
PRINTED I{AMEAND TTTLE
Jean L. Scott, Deputy Director
AÞöRËSS
600 Bercut Drivg SacramerÉo, CA 9581I
3 pages
6 pages
2 pages
GTC 610
APPROVED AS TO FORM