HomeMy WebLinkAboutCornerstone Community Care-Street Outreach - MOU CalGRIP grant California Gang Reduction, Intervention and Prevention 1/1/2015-12/31/2017t5- t4z
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU"), effective as of January 1,2015 asprovided hereunder, is entered into by and between the CITY OF FRESNO, a California
municipal corporation (hereinafter referred to as "Agency"), and Cornerstone CommunityGare'Street Outreach a California nonprofit organization (hereinafter referred to as"CoRNERSTONE COMMUNtTy CARE-STREET OUTREACH ").
RECITALS
WHEREAS, Agency has submitted an application to the Bureau of State and Community
Corrections ("BSCC") for $1,500,000 in grant funds through the 201 5-2017 Grant Funding Cyclé- California Gang Reduction, lntervention and Prevention ('Ca|GRlP')(hereinafter referred tó asthe "Program"), incorporated by reference herein, funded by the Un¡teO States Department of
Justice; and
WHEREAS, the Program is intended to enhance the specialized unit and to focus
special effort on creating safe neighborhood through a sustained reduction in crime associated
with gang violence; and
WHEREAS, upon award of grant funds and entry by Agency into a grant agreement withB99c ("Grant") consistent with the Program, Agency intends thiough its police Department("FPD") to work in partnership with CORNERSTONE COMMUNtTy CARE-bTREETouïREAcH for the purpose of a community street outreach program, and
WHEREAS, AgCNCY ANd CORNERSTONE COMMUNITY CARE-STREET OUTREACH
believe that implementation of the Program as described herein will further the above goals and
to this end agree to coordinate and provide the services referenced herein.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals, which recitals arecontractual in nature, the mutual covenants herein contained and such other and further
consideration as is hereby acknowledged, and subject to the terms and conditions andprovisions of the Program and this MoU, the parties mutually agree as follows:
1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS
Agency:
Fresno Police Department
Mayor's Gang Prevention lnitiative
Maggie Navarro, Coordinator
2323lt[ariposa Mall
Fresno, CA93721
Agency:
Cornerstone Community Care-Street Outreach
Michael De Juarez, Pastor
1545 Fulton Street
Fresno, CA93721
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2. ROLES AND RESPONSIBILITIES
A. FPD, subject to all applicable constitutional and local law requirements, shall act as the
lead agency in coordinatíng the activities of the California Gang Reduction, lntervention and
Prevention ("CalGRlP") grant program for a collaborative approach that effectively targets gang
violence through enforcement, intervention and prevention programs. FPD, through the
("CalGRlP") grant program will closely coordinate the following services with the Cornerstone
Community Care through project staff being readily available for service provision.
1. Will provide training as needed in gang cultures
2. Will provide technical assistance with the project as needed
3. Will refer MBPI participants if applicable
B. Through the CalGRlP grant program, Cornerstone Community Care-Street Outreach
Will have direct oversight of the established street outreach program including workers
identified.
1. Will work with the target population partners and identify target population that
would benefit from the program
2. Will provide training to staff group facilitators and other areas as needed
3. Will track all participants referred and participating in youth groups
4. Will meet with project evaluators regarding prolect tasks, measurements and
outcome indicators
5, Will maintain activities by Cornerstone Community Care-Street Outreach on a
daily time sheet or activity report and in accordance with the Grant guidelines
and reporting requirements
C. Staff of the FPD Mayor's Gang Prevention lnitiative and the Multi-Agency Gang
Enforcement Consortium (MAGEC) will coordinate directly with CORNERSTONE COMMUNITY
CARE-STREET OUTREACH to discuss strategies, timetables and implementation of services
to meet goals and objectives of the CalGRlP grant program.
3. REIMBURSEMENT FOR PROGRAM ACTIVITIES
A. For the aforementioned services, Agency agrees to reimburse Cornerstone Community
Care-Street Outreach solely from allocated and available Program Grant funds for eligible costs
incurred by Cornerstone Community Care-Street Outreach in pursuit hereof, in an amount not to
exceed $70,000 each year of the grant program for a total of $210,000; for the salaries and
fringe of 1 FTE Program Director, 4 street outreach intervention workers, travel/training. ln
accordance with the Program budget attached as Exhibit A and within the performance period
of the Grant Program and Grant period of this MOU.
B. Any future applications and award of funds for future Program funding cycles shall be by
written amendment to this MOU and signed by both parties.
C. Payment shall be contingent on Agency's receipt of an undisputed invoice and any
reports and substantiation materials required by Agency.
D. lf CORNERSTONE COMMUNITY CARE-STREET OUTREACH should fail to comply
with any provision of the MOU, Agency shall be relieved of its obligation for further
compensation.
E. Nothing in this MOU shall commit the taxing authority or general fund of Agency.
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4. MOU EFFECTIVENESS, TERM AND TERMINATION
A. The effectiveness of this MOU is contingent upon Agency receiving the Grant award.
The two participating agencies signing this MOU shall be committed to the Grant Program for
the entire funding cycle commencing January 1, 2015 and ending December 31, 2017.
CORNERSTONE COMMUNITY CARE-STREET OUTREACH acknowledges and agrees that
continued funding is dependent upon satisfactory performance by CORNERSTONE
COMMUNITY CARE-STREET OUTREACH and availability of State funding.
B. Subject to the foregoing, the term of the MOU is for a 36 month funding cycle Program
commencing January 1, 2015 and ending December 31, 2017; with program objectives being
completed and all costs submitted no later than January, 15, of each program year. Funds are
contingent upon approval and availability of funding in each program year, there is no carryover
of unspent funds.
C. Notwithstanding the foregoing, this MOU shall automatically be suspended or terminated
upon Agency's written notice thereof to CORNERSTONE COMMUNITY CARE-STREET
OUTREACH upon any of the following events: (i) Program or Grant termination or suspension,
(ii) any non-appropriation or non-allocation of Grant funding required in pursuit hereof, (iii)
CORNERSTONE COMMUNITY CARE-STREET OUTREACH 's illegal or improper use of
funds, (iv) CORNERSTONE COMMUNITY CARE-STREET OUTREACH 's failure to comply
with any term of this MOU, (v) CORNERSTONE COMMUNITY CARE-STREET OUTREACH 's
submittal of any substantially incorrect or incomplete itemized invoice required for
reimbursement, (vi) CORNERSTONE COMMUNITY CARE-STREET OUTREACH 's failure to
comply with grant guidelines in the BSCC Recipient Handbook, or (vii) CORNERSTONE
COMMUNITY CARE-STREET OUTREACH 's failure to comply with any applicable provisions
of the Grant.
5. TARGET POPULATION
Services provided under this Program shall be directed to "areas of the city with the highest
incidents of gang violence and shootings".
6. RESOURCES
A. FPD will provide:. Mayor's Gang Prevention lnitiative staff to provide oversight and resources to
CORNERSTONE COMMUNITY CARE-STREET OUTREACH relating to this
Program and serve as a liaison to the State for programmatic and budgetary
issues;
B. CORNERSTONE COMMUNITY CARE-STREET OUTREACH will provide:. One (1) Program Director;. Four (4) Street Outreach workers;o Training to Site Leaderso Create a community Center within the complex
7. RECORDKEEPING AND PERFORMANCE DATA
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A. CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall keep proper
records of, and submit to the Agency each quarter, the following data: (EXAMPLES)
. Number of Community events and participants - Proper documentation will
include notices of events; to include date, time and activity, and sign-up sheets of
participants.
B. CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall provide any
monthly and quarterly reports, and any certifications as required by Agency.
8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION
A. CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall submit a monthly or
quarterly invoice to FPD for the eligible expenses incurred for Program. Billing documentation
shall include the following:
. A breakdown of expenditures by cost category;. Supporting documentation of all costs including payroll registers, general ledgers
and checks as requested by Agency; and¡ Time sheet documentation for grant funded staff position.. Training and/or activities roster
B. CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall maintain accurate,
complete, orderly and separate records for the Program and funding separately from all other
funds, including any United States Department of Justice ("DOJ") award funds awarded for the
same or similar purposes or programs. CORNERSTONE COMMUNITY CARE-STREET
OUTREACH agrees that all personnel performing activities hereunder shall maintain separate
timesheets to document hours worked for activities related to the Grant and this MOU. Records
of CORNERSTONE COMMUNITY CARE-STREET OUTREACH expenses pertaining to the
Program shall be kept on a generally recognized accounting basis.
C. All records shall be available to Agency, BSCC, the Comptroller General of the United
States, DOJ (including the Office of Justice Programs and the Office of the lnspector General,
and its representatives, and the Government Accountability Office ("GAO")), and any of their
authorized representatives upon request during regular business hours throughout the life of
this MOU and for a period of three years after final payment or, if longer, for any period required
by law or the Grant. ln addition, all books, documents, papers, and records of CORNERSTONE
COMMUNITY CARE-STREET OUTREACH pertaining to the Program shall be available for the
purpose of making audits, examinations, excerpts, and transcriptions for the same period of
time. This paragraph shall survive expiration or termination of this MOU.
D. CORNERSTONE COMMUNITY CARE-STREET OUTREACH also understands and
agrees that Agency, DOJ and the GAO are authorized to interview any officer or employee of
CORNERSTONE COMMUNITY CARE-STREET OUTREACH regarding transactions related to
this MOU.
9. COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT
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A. CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall at all times comply
with all applicable laws of the United States, the State of California and Agency, and with all
applicable regulations promulgated by federal, state, regional, or local administrative and
regulatory agencies, now in force and as they may be enacted, issued, or amended during theterm of this MOU. CORNERSTONE COMMUNITY CARE-STREET OUTREACH
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. CORNERSTONE
COMMUNITY CARE-STREET OUTREACH s agrees to comply with all applicable provisions
thereof (including, without limitation, the BSCC Program Guidelines and the BSCC Recipient
Handbook), and cooperate with Agency in meeting the requirements thereunder.
B. The services provided by CORNERSTONE COMMUNITY CARE-STREET OUTREACH
UNdEr this MOU are over and above CORNERSTONE COMMUNITY CARE-STREET
OUTREACH 's budgeted positions. The parties agree that Grant funds shall not be used to
replace funds of, or positions othen¡vise funded by, CORNERSTONE COMMUNITY CARE-
STREET OUTREACH .
C. As applicable, costs and expenditures must be allowable in accordance with OMB
Circular A-87, Cosf principles for state, local and lndian Tribal Governmenfs. Grant funds are
subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-133, Audits of
sfafes, local governmenfs and non-profit organizations.
D. CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall allow access to
Agency, BSCC and any of their representatives for any onsite assessments.
E. By signing this MOU, CORNERSTONE COMMUNITY CARE-STREET OUTREACH
certifies under penalty of perjury under the laws of the State of California that (i) Grant funds
shall not be used forthe purpose of lobbying, as required bySection1352, Title 31 of the U.S.
Code, and implemented as 28 CFR Part 09; (ii) CORNERSTONE COMMUNITY CARE-
STREET OUTREACH will adhere to Federal Executive Order 12549, Debarment and
Suspension; and (iii) neither CORNERSTONE COMMUNITY CARE-STREET OUTREACH , nor
its princíCornerstone Community Care-Street Outreachs are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in the
MOU by any Federal department or agency. CORNERSTONE COMMUNITY CARE-STREET
OUTREACH shall complete and submit to Agency all applicable forms required by the Grant
Agreement.
F. Drug-Free Workplace Certification: CORNERSTONE COMMUNITY CARE-STREET
OUTREACH shall comply with the Drug-Free Workplace Act of 1990 ("the Act"), California
Government Code Sections 8350-8357, the Federal Drug-Free Workplace Act of 1988 (41 USC
701), and the requirements of Federal law as implemented in 28 CFR Part 67, Subpart F,
SCCtiONS 615 ANd 620. CORNERSTONE COMMUNITY CARE-STREET OUTREACH sha|I
notify their employees that they are prohibited from engaging in the unlawful manufacture,
distribution, dispensation, possession or use of controlled substances. By signing the signature
page of the MOU, CORNERSTONE COMMUNITY CARE-STREET OUTREACH certifies under
penalty of perjury under the laws of the State of California compliance with Government Code
Secfion 8355 in matters relating to providing a drug-free workplace, and that CORNERSTONE
COMMUNITY CARE-STREET OUTREACH will:
(a) Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
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prohibited and specifying actions to be taken against employees for violations, as
required by Government Code Secfion 8355(a).
(b) Establish a Drug-Free Awareness Program as required by Government Code
Secfion 8355(b), to inform employees about all of the following:
(i) The dangers of drug abuse in the workplace,
(ii) The person's or organization's policy of maintaining a drug-free workplace,(iii) Any available counseling, rehabilitation and employee assistance
programs, and
(iv) Penalties that may be imposed upon employees for drug abuse
violations.
(c) Provide as required by Government Code Section 8355(c), that every
employee who works on the proposed MOU:
(i) Will receive a copy of the company's drug-free policy statement, and
(ii) Will agree to abide by the terms of the company's statement as a
condition of employment on the MOU.
G. Copyrights, Rights in Data, and Patents: All activities of CORNERSTONE COMMUNITY
CARE-STREET OUTREACH under the MOU are considered "work made for hire" as defined
under Title 17 USC Section 101, and shall include but is not limited to, publications, original
computer programs, writings, sound recordings, pictorial reproductions, drawings or other
geographical representations and works of any similar nature. With regard to any "work made
for hire," BSCC owns all rights comprised in the copyright, and therefore BSCC reserves a
royalty-free, nonexclusive and irrevocable license to reproduce, publish, and use such
materials, in whole or in part, and to authorize others to do so, lf any discovery or invention
arises or is developed in the course of, or as a result of, work performed, in whole or in part,
under the MOU, CORNERSTONE COMMUNITY CARE-STREET OUTREACH must refer the
discovery or invention to BSCC. Determination of rights to inventions or discoveries shall be
made by BSCC, or its duly authorized representative, who shall have the sole and exclusive
power to determine whether or not and where a patent application should be filed, and to
determine the disposition of all rights to such inventions or discoveries, including title to and
license rights under any patent application or patent which may be issued. ln all cases, BSCC
shall acquire at least an irrevocable, nonexclusive, and royalty-free license to practice and have
practiced anywhere without limitation, for governmental purposes, any invention made with
BSCC grant funds.
10. CAPACITY OF AGENCY AND CORNERSTONE COMMUNITY CARE-STREET
OUTREACH
A. ln the furnishing of the services provided for herein, CORNERSTONE COMMUNITY
CARE-STREET OUTREACH is acting solely as an independent contractor. Neither
CORNERSTONE COMMUNITY CARE-STREET OUTREACH , nor any of its officers, agents or
employees shall be deemed an officer, agent, employee, joint venturer, partner or associate of
Agency for any purpose. Agency shall have no right to control or supervise or direct the manner
or method by which CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall'
perform its work and functions. However, Agency shall retain the right to administer this MOU so
as to verify that CORNERSTONE COMMUNITY CARE-STREET OUTREACH is performing its
obligations in accordance with the terms and conditions thereof.
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B. This MOU does not evidence a partnership or joint venture between CORNERSTONE
COMMUNITY CARE-STREET OUTREACH and Agency. CORNERSTONE COMMUNITY
CARE-STREET OUTREACH shall have no authority to bind Agency absent Agency's express
written consent. Except to the extent otherwise provided in this MOU, CORNERSTONE
COMMUNITY CARE-STREET OUTREACH shall bear its own costs and expenses in pursuit
thereof.
C. Because of its status as an independent contractor, CORNERSTONE COMMUNITY
CARE-STREET OUTREACH and its officers, agents and employees shall have absolutely no
right to employment rights and benefits available to Agency employees. CORNERSTONE
COMMUNITY CARE-STREET OUTREACH shall be solely liable and responsible for all payroll
and tax withholding and for providing to, or on behalf of, its employees all employee benefits
including, without limitation, health, welfare and retirement benefits. ln addition, together with its
other obligations under this MOU, CORNERSTONE COMMUNITY CARE-STREET
OUTREACH shall be solely responsible, indemnify, defend and save Agency harmless from all
matters relating to employment and tax withholding for and payment of CORNERSTONE
COMMUNITY CARE-STREET OUTREACH 's employees, including, without limitation, (i)
compliance with Social Security and unemployment insurance withholding, payment of workers
compensation benefits, and all other laws and regulations governing matters of employee
withholding, taxes and payment; and (ii) any claim of right or interest in Agency employment
benefits, entitlements, programs and/or funds offered employees of Agency whether arising by
reason of any common law, de facto, leased, or co- employee rights or other theory. lt is
acknowledged that during the term of this MOU, CORNERSTONE COMMUNITY CARE-
STREET OUTREACH may be providing services to others unrelated to Agency or to this MOU.
11. INSURANCE
A. Throughout the life of this MOU, CORNERSTONE COMMUNITY CARE-STREET
OUTREACH shall pay for and maintain in full force and effect all policies of insurance required
hereunder with an insurance company(ies) either (i) admitted by the California lnsurance
Commissioner to do business in the State of California and rated not less than "A- Vl" in Best's
lnsurance Rating Guide, or (ii) authorized by Agency's Risk Manager. The following policies of
insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as
broad as lnsurance Services Office (lSO) form CG 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 injury and
property damage.
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(ii¡) PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) insurance
with limits of liability of not less than $1,000,000 per claim/occurrence
and $2,000,000 aggregate.
(iv) WORKERS' COMPENSATION insurance as required under the
California Labor Code.
(v) EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000
each accident, $1,000,000 disease policy limit and $1,000,000 disease
each employee.
B. Defense costs shall be provided as an additional benefit and not included within the
above limits of liability. CORNERSTONE COMMUNITY CARE-STREET OUTREACH shail be
responsible for payment of any deductibles contained in any insurance policies required
hereunder and CORNERSTONE COMMUNITY CARE-STREET OUTREACH shal atso be
responsible for payment of any self-insured retentions.
C. The above described policies of insurance shall be endorsed to provide an unrestricted
30 calendar day written notice in favor of Agency of policy cancellation of coverage, except for
the Workers' Compensation policy which shall provide a 10 calendar day written notice of such
cancellation of coverage. ln the event any policies are due to expire during the term of this
Agreement, CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall provide a new
certificate evidencing renewal of such policy not less than 15 calendar days prior to the
expiration date of the expiring policy(ies). Upon issuance by the insurer, broker, or agent of anotice of cancellation in coverage, CORNERSTONE COMMUNITY CARE-STREET
OUTREACH shall file with Agency a new certificate and all applicable endorsements for such
policy(ies).
D. The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form and shall name Agency, its officers, officials, agents, employees and
volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so
CORNERSTONE COMMUNITY CARE-STREET OUTREACH 's insurance shall be primary and
no contribution shall be required of Agency. Any Workers' Compensation insurance policy shall
contain a waiver of subrogation as to Agency, its officers, officials, agents, employees and
volunteers.
E. ln the event claims made forms are used for any Professional Liability coverage, (i) the
retroactive date must be shown, and must be before the effective date of the MOU or the
commencement of services by CORNERSTONE COMMUNITY CARE-STREET OUTREACH ;(ii) insurance must be maintained and evidence of insurance must be provided for at least b
years after completion of the services, or the expiration or termination of the MOU, whichever
first occurs; (iii) if coverage is canceled or non-renewed, and not replaced with another claims-
made policy form with a retroactive date prior to the effective date of the MOU, or services
commencement date, CORNERSTONE COMMUNITY CARE-STREET OUTREACH must
purchase extended reporting period coverage for a minimum of 5 years after completion of the
services, or expiration or termination of the MOU, whichever first occurs; (iv) a copy of the
claims reporting requirements must be submitted to Agency for review; and (v) these
requirements shall survive expiration or termination of the MOU.
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F. CORNERSTONE COMMUNITY CARE-STREET OUTREACH shall have furnished
Agency with the certificate(s) and applicable endorsements for ALL required insurance prior to
Agency's execution of the MOU. CORNERSTONE COMMUNITY CARE-STREET OUTREACH
shall furnish Agency with copies of the actual policies upon the request of Agency's Risk
Manager and this requirement shall survive termination or expiration of this MOU.
G. lf at any time during the life of the MOU or any extension, CORNERSTONE
COMMUNITY CARE-STREET OUTREACH fails to maintain the required insurance in fullforce
and effect, all work under this MOU shall be discontinued immediately, and all payments due or
that become due to CORNERSTONE COMMUNITY CARE-STREET OUTREACH shail be
withheld until notice is received by Agency that the required insurance has been restored to full
force and effect and that the premiums therefore have been paid for a period satisfactory to
Agency. Any failure to maintain the required insurance shall be sufficient cause for Agency to
terminate this MOU.
H. The fact that insurance is obtained by CORNERSTONE COMMUNITY CARE-STREET
OUTREACH shall not be deemed to release or diminish the liability of CORNERSTONE
COMMUNITY CARE-STREET OUTREACH , including, without limitation, liability under the
indemnity provisions of this MOU. The duty to indemnify Agency shall apply to all claims and
liability regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by CORNERSTONE
COMMUNITY CARE-STREET OUTREACH . Approval or purchase of any insurance contracts
or policies shall in no way relieve from liability nor limit the liability of CORNERSTONE
COMMUNITY CARE-STREET OUTREACH , its princiCornerstone Community Care-Street
Outreachs, officers, agents, employees, persons under the supervision of CORNERSTONE
COMMUNITY CARE-STREET OUTREACH , vendors, suppliers, invitees, consultants, sub-
consultants, subcontractors, or anyone employed directly or indirectly by any of them.
l. Upon request of Agency, CORNERSTONE COMMUNITY CARE-STREET OUTREACH
shall immediately furnish Agency with a complete copy of any insurance policy required under
this Agreement, including all endorsements, with said copy certified by the undenruriter to be a
true and correct copy of the original policy. This requirement shall survive termination or
expiration of this MOU.
J. lf CORNERSTONE COMMUNITY CARE-STREET OUTREACH should subcontract all
or any portion of the services to be performed under this MOU, CORNERSTONE COMMUNITY
CARE-STREET OUTREACH shall require each subcontractor to provide insurance protection
in favor of Agency, its officers, officials, employees, agents and volunteers in accordance with
the terms of each of the preceding paragraphs, except that the subcontractors' certificates and
endorsements shall be on file with CORNERSTONE COMMUNITY CARE-STREET
OUTREACH and Agency prior to the commencement of any work by the subcontractor.
12. INDEMNIFICATION
A. To the furthest extent allowed by law, CORNERSTONE COMMUNITY CARE-STREET
OUTREACH shall indemnify, hold harmless and defend Agency and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not
limited to personal injury, death at any time and property damage) incurred by Agency,
CORNERSTONE COMMUNITY CARE-STREET OUTREACH or any other person, and from
any and all claims, demands and actions in law or equity (including attorney's fees and litigation
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expenses), arising or alleged to have arisen directly or indirectly out of performance of this
MOU. CORNERSTONE COMMUNITY CARE-STREET OUTREACH 's obligations under the
preceding sentence shall apply regardless of whether Agency or any of its officers, officials,
employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by
the willful misconduct, of Agency or any of its officers, officials, employees, agents or
volunteers.
B. lf CORNERSTONE COMMUNITY CARE-STREET OUTREACH should subcontract all
or any portion of the work to be performed under this MOU, CORNERSTONE COMMUNITY
CARE-STREET OUTREACH shall require each subcontractor to indemnify, hold harmless and
defend Agency and each of its officers, officials, employees, agents and volunteers in
accordance with the terms of the preceding paragraph.
C. This section shall survive termination or expiration of this MOU.
13. ATTORNEY'S FEES AND LEGAL EXPENSES
lf either party is required to commence any proceeding or legal action to enforce or interpret any
term, covenant or condition of this MOU, the prevailing party in such proceeding or action shall
be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
14. PRECEDENCE OF DOCUMENTS
ln the event of any conflict between the body of this MOU and any exhibit hereto, the terms and
conditions of the body of this MOU shall control and take precedence over terms and conditions
expressed within the exhibit. Furthermore, any terms or conditions contained within any exhibit
hereto which purport to modify the allocation of risk between the parties, provided for within the
body of this MOU, shall be null and void.
15. NOTICES
Any notice required or intended to be given to either party under the terms of this MOU shall be
in writing and shall be deemed to be duly given if delivered personally or deposited into the
United States mail, return receipt requested, with postage prepaid, addressed to the party to
which notice is to be given at the party's address set forth in Section 1 of this MOU or at such
other address as the parties may from time to time designate by written notice.
16. BINDING
Subject to Section 17 below, once this MOU is signed bythe parties, it shall be binding upon,
and shall inure to the benefit of, the parties, and each party's respective heirs, successors,
assig ns, transferees, agents, servants, em ployees and representatives.
17. ASSIGNMENT
There shall be no assignment by either party of its rights or obligations under this MOU without
the prior written approval of the other party. Any attempted assignment by a party, its
successors or assigns, shall be null and void unless approved in writing by the other party.
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18. WAIVER
Ïhe waiver by either party of a breach by the other of any provision of this MOU shall not
constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this MOU. No provision of this MOU may be waived unless in writing and
approved by and signed by all parties to this MOU. Waiver of any one provision herein shall not
be deemed to be a waiver of any provision herein.
19. GOVERNING LAW AND VENUE
This MOU shall be governed by, and construed and enforced in accordance with, the laws of
the State of California, excluding, however, any conflict of laws rule which would apply the law
of another jurisdiction. Venue for purposes of the filing of any action regarding the enforcement
or interpretation of this MOU and any rights and duties hereunder shall be Fresno County,
California.
20. HEADINGS
The section headings in this MOU are for convenience and reference only and shall not be
construed or held in any way to explain, modify or add to the interpretation or meaning of the
provisions of this MOU.
21. SEVERABILITY
The provisions of this MOU are severable. The invalidity or unenforceability of any one provision
in the MOU shall not affect the other provisions.
22. INTERPRETATION
The parties acknowledge that this MOU in its final form is the result of the combined efforts of
the parties and that, should any provision of this MOU be found to be ambiguous in any way,
such ambiguity shall not be resolved by construing this MOU in favor or against any party, but
rather by construing the terms in accordance with their generally accepted meaning.
23. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be
cumulative with all other remedies at law or in equity.
24. NO THIRD PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this MOU are intended for the specific
parties hereto as identified in the preamble of this MOU. Notwithstanding anything stated to the
contrary in this MOU, it is not intended that any rights or interests in this MOU benefit or flow to
the interest of any third parties.
25. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. To the extent required by controlling federal, state and local law, CORNERSTONE
COMMUNITY CARE-STREET OUTREACH shall not employ discriminatory practices in the
provision of services, employment of personnel, or in any other respect on the basis of race,
-11-
religious creed, color, national or¡gin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or
VETCTAN Of thE Vietnam era. CORNERSTONE COMMUNITY CARE-STREET OUTREACH
shall carry out applicable requirements of 49 CFR part 26 in the award and administration of
contracts hereunder. Failure by CORNERSTONE COMMUNITY CARE-STREET OUTREACH
to carry out these requirements is a material breach of this MOU, which may result in the
termination of this MOU or such other remedy or sanction as may be available.
B. lt is the public policy of the State of California to promote equal employment opportunity
by prohibiting discrimination or harassment in employment because of race, religious creed',
color, national origin, ancestry, age (over 40), mental and physical disability (including HIV and
AIDS), medical condition (cancer and genetic characteristics), marital status, sex (including
sexual harassment), sexual orientation (heterosexuality, homosexuality, and bisexualityf
pregnancy (childbirth, or related medical conditions), political affiliation/opinion, Veteran's statusor request for family medical leave. CORNERSTONE COMMUNITY CARE-STREET
OUTREACH will not discriminate in the delivery of services or benefits based on the previously
idENtifiEd SitUAtiONS. CORNERSTONE COMMUNITY CARE-STREET OUTREACH snail
comply with Executive Order 11246 as amended by Executive Order 11375 and supplemented
at 41 CFR60.
C. CORNERSTONE COMMUNITY CARE-STREET OUTREACH will include this section in
each of its subcontracts and require the same of its subcontractors.
26. ENTIRE AGREEMENT
It is mutually understood and agreed that the forgoing constitutes the entire agreement between
the parties. Any modifications or amendments to this MOU must be in writing signed by an
authorized agent of each party.
This MOU is suby'ecf to receipt of Grant funds and ratification by the Councit of the City of
Fresno.
ut
ilt
-12-
lN WITNESS THEREOF, the parties
the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
ATTEST:
have executed this MOU at Fresno, California on
CORNERSTONE COMMUNITY CARE-
Deputy
APPROVED AS TO FORM:
Douglas Sloan
City Attorney, City of Fresno
Date
Police
a California non-profit
mF Director
#91-2153088
Yvonne Spence, CMC
City Clerk, City.
ty'/''
Addresses:
CITY:
Fresno Police Department
STREET OUTREACH
Attention: Jerry Dyer
Chief of Police
2323 Mariposa Mall
Fresno, CA93721
Attachment:
Exhibit A - Cost Breakdown
Exhibit B - Performance Measures and Time Line
Exhibit C- Grant Agreement
CORNERSTONE COMMUNITY CARE-
Attention: Pastor Jim Franklin
1545 Fulton Street
Fresno, CA97321
-13-
Exhibit C
STA'IE OF CALIFORNIA
This Agreement is entered
BOARD OF STAÎE AND COMMT]NITY CORRECTIONS
AGREEIT4ENÌ NUMBER
BSCC t{1c14
REGISTRATON NUMBER
COI'ITRACTORS ¡\l/¡lHE
CTTY OÍ'TRESNO
2. The term of thls
Agreement is:
Jenuery 1,2015 through Oeccm-teU,ZOI5
3. The maximum amount $500.000^00
of this Agreement is:FI\IB HIjNDRËD TTIOUSA¡ID DOLLARS ÁND ZERO CENTS
4. The part¡ec agre
part of the Grant t.
Sections I through g
ElùibitA- Califomia @ng Reduction, Intenrention and pmvention (catGRlp) program
Standad Conditbns
&h¡bit B - CafÍfomia Gang Reduction, Interrænf¡on and pævention (CalGRlp) program
Gene¡al Terms and Conditions*E)ftíbit C - Genenal Terms and Condítions
Items dDwt viih an Asterídt ('), arc hercby inwporated by rcfewrc€ and made pad of this agrcement as ¡¡ aaacnea iircto.lhæ docrn¿nß cot be vìqed ø Y""te eÈt' ev"'e"t
i
1.:: I
llr¡ *TNESS rill{EREOF, thls Agrcenrent hæ been exsq¡ted by ür€ pafüo. he'to.
CONTRACTOR
.CONTRACTOR€ MME fidrsrfran *
CITYOFFRESI\TO
3 pages
6 pages
t:^t*l
GTC 610
(A,llrcrliz$
6
Jerry P.
2323 Mariposa Àdall, Fresno, CAg3TZl
STATE OF CALIFORNIA
AOEI¡CY IIAME
BOARD OF STATE AttD
BY
OF
Willi* J. Crout, Depury Direcror
ADORESS
Cd$onh Dryrhnøt of Cenerd
600 BercutDrivg Sacramerto, CA 95gll