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HomeMy WebLinkAboutFamily Healing Center - MOU California Emergency Management Agency 2012 Anti Human Trafficking Task Force Grantâı ,c.^ou-zos)vuor..9UE LOOø =_s|:o()ı O MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU'), effective as of October 1, 2012 as provided hereunder, is entered into by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "Agency"), and the FAMILY HEALING CENTER, a California nonprofit organization (hereinafter referred to as "FHC"). RECITALS WHEREAS, Agency has submitted an application to the California Emergency Management Agency ("CalEMA") for $200,000 in grant funds through the 2012-2013 Grant Funding Cycle - Justice Assistance Grant for the Anti Human Trafficking Task Force (hereinafter referred to as the "Program"), incorporated by reference herein, funded by the federal Edward Byrne Memorial Justice Assistance Grant ("JAG") funds; and WHEREAS, the Program is intended to enhance the specialized unit and to focus special effort on the handling of victims of human trafficking; and WHEREAS, upon award of grant funds and entry by Agency into a grant agreement with CaIEMA ("Grant") consistent with the Program, Agency intends through its Police Department ("FPD') to work in partnership with FHC for the purpose of providing maximum available assistance for victims of human trafficking residing in the City of Fresno and will provide a multidisciplinary team approach by combining law enforcement, district attorney's office, forensic interviewers, forensic nursing, and mental health, therapy and advocacy in one abuse center; and WHEREAS, Agency and FHC 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 are contractual in nature, the mutual covenants herein contained and such other and further consideration as is hereby acknowledged, and subject to the terms and conditions and provisions of the Program and this MoU, the parties mutually agree as follows: 1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS Agency: Fresno Police Department Special I nvestigations Sgt. Curtis Chastain 2326 Fresno St. Fresno, CA93721 FHC: Family Healing Center. Margie Jessen, Executive Director 7025 N. Chestnut, Suite 102. Fresno, CA 93720 -1- 2. ROLES AND RESPONSIBILITIES A. FPD, subject to all applicable constitutional and local law requirements, shall act as the lead agency in coordinating the activities of the Anti-Human Trafficking Project to target victims of trafficking. FPD shall identify victims to be served by the Grant. FPD, through the Human Trafficking Task Force operations, will refer victims of human trafficking to FHC. B. FHC will help identify and assist victims of Human Trafficking. FHC will work collaboratively with the Ant-Human Trafficking Project and Task Force by providing all assessments and treatment services to include forensic examinations and forensic interviews for victims in a comfortable and supportive environment. FHC will provide comprehensive services to the victims 24 hours a day, 365 days a year, such as forensic medical services, forensic interviews with audio and video capabilities, therapy and advocacy; and connection of victims to legal assistance and referral services for shelter if needed. C. FHC will provide a .10 full time equivalent (FTE) Project Coordinator who will be the staff Human Trafficking expert stationed at the FHC administration building. FHC will also provide a .10 FTE Forensic Examinerwho will also be available atthe FHC administration building; and a .25 FTE bi-lingual (English and Spanish) Forensic lnterviewer. Activities will be maintained by FHC on a daily time sheet in accordance with the Grant guidelines and reporting requirements. 3. REIMBURSEMENT FOR PROGRAM ACTIVITIES A. For the aforementioned services, Agency agrees to reimburse FHC solely from allocated and available Program Grant funds for eligible costs incurred by FHC in pursuit hereof, in an amount not to exceed $8,000 in accordance with the Program budget submitted by Agency for the 2012-2013 Program funding cycle and first Program year and Grant period of this MOU. B. Any future applications and award of funds for 2012 and 2013 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 FHC should fail to comply with any provision of the MOU, Agency shall be relieved of its obligation for further compensation. E. Nothing in this MOU shall commit the taxing authority or general fund of Agency. 4. MOU EFFECTIVENESS, TERM AND TERMINATION A. The effectiveness of this MOU is contingent upon Agency receiving the Grant award. The two participating agencies signing this MOU shall be committed to the Grant Program for the entire funding cycle commencing October 1,2012 and ending September 30, 2013. FHC acknowledges and agrees that continued funding is dependent upon satisfactory performance by FHC and availability of funds. B. Subject to the foregoing, the term of the MOU is tor a 12-month funding cycle Program commencing October 1, 2012 and ending September 30, 2013. -2- Notwithstanding the foregoing, this MOU shall automatically suspend or terminate upon Agency's written notice to FHC of 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) FHC's illegal or improper use of funds, (iv) FHC's failure to comply with any term of this MOU, (v) FHC's submittal of any substantially incorrect or incomplete itemized invoice required for reimbursement, (vi) FHC's failure to comply with Federal Drug/Alcohol regulations, or (vii) FHC's failure to comply with any applicable provisions of the Grant. 5. TARGET POPULATION Services provided under this Program shall be directed to victims of trafficking residing in the incorporated limits of the City of Fresno. 6. RESOURCES FPD will provide: Vice investigators to provide proactive operations for increase of number of anti-human trafficking cases investigated; A vice unit supervising Police Sergeant to provide on-site supervision of the Anti-human Trafficking Unit; An Anti-human Trafficking Unit Analyst to track and report investigative data related to human trafficking, and to implement a prostitution and rehabilitation program; and A part-time administrative assistant to implement and monitor a human trafficking tip line (includes the receiving and transferring of information from the public and FHC to investigators). FHC will provide: One.10 FTE Project Coordinator One .10 FTE Forensic Examiner; One.25 FTE Forensic lnterviewer; FHC will help identify and assist victims of Human Trafficking. FHC will work collaboratively with CAHT by providing all assessments and treatment services to include forensic examinations and forensic interviews for victims in a comfortable and supportive environment. 7. RECORDKEEPING AND PERFORMANCE DATA FHC shall keep proper records of, and submit to the Agency each quarter, the following data: o Number of Victims - Proper documentation of the number of victims served, including number of cases reported, counseled, interviewed, examined and provided all other assistance. FHC shall provide any monthly and quarterly reports, and any certifications as required by the Agency. 8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION FHC shall submit a monthly invoice to FPD for the eligible expenses incurred in providing the services of the Project Coordinator, Forensic Examiner, and Forensic lnterviewer. Billing documentation shall include the following: -3- o A breakdown of expenditures by cost category; and. Supporting documentation of all costs including case documentation, payroll registers, general ledgers and copies of checks as requested by Agency. B. FHC 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. FHC 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 FHC expenses pertaining to the Program shall be kept on a generally recognized accounting basis. C. All records shall be available to Agency, CalEMA, 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 FHC perlaining 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. FHC also understands and agrees that Agency, DOJ and the GAO are authorized to interview any officer or employee of FHC regarding transactions related to this MOU. 9. COMPLIANCE WITH GOVERNING LAW AND GRANT A. FHC 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 the term of this MOU. FHC acknowledges receipt of a copy of the Grant and agrees to comply with all applicable provisions thereof (including, without limitation, the CaIEMA Program Guidelines and the CaIEMA Recipient Handbook), and cooperate with Agency in meeting the requirements thereunder. B. The services provided by FHC under this MOU are over and above FHC's budgeted positions. The parties agree that Grant funds shall not be used to replace funds of, or positions othenruise funded by, FHC. C. As applicable, costs and expenditures must be allowable in accordance with OMB Circular A-87, Cosf principles for state, local and lndian Tribal Governmenús. Grant funds are subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-133, Audits of sfafes, local governments and non-profit organizations. D. FHC shall allow access to Agency, CALEMA and any of their representatives for any onsite assessments. E. FHC shall not lobby for, promote, or advocate for the legalization or regulation of prostitution as a legitimate form of work. 4 F. By signing this MOU, FHC certifies under penalty of perjury under the laws of the State of California that (i) Grant funds shall not be used for the purpose of lobbying, as required by Section 1352, Title 31 of the U.S. Code, and implemented as 28 CFR Part 69; (ii) FHC will adhere to Federal Executive Order 12549, Debarment and Suspension; and (iii) neither FHC, nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the MOU by any Federal department or agency. FHC shall complete and submit to Agency all applicable forms required by the Grant. G. Drug-Free Workplace Certification: FHC shall comply with the Drug-Free Workplace Act of 1990 ("the Act"), California Government Code Sections 8350-8357, the Federal Drug-Free Workplace Act of 1988 (41 USC 701), and the requirements of Federal law as implemented in 28 CFR Part 67, Subpart F, Sections 61 5 and 620. FHC shall 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, FHC certifies under penalty of perjury under the laws of the State of California compliance with Goyernment Code Section 8355 in matters relating to providing a drug-free workplace, and that FHC will: (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 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 Secfion 8355(c), that every employee who works on the proposed MOU: (i) Will receive a copy of the company's drug-free policy statement, and (ii) Will agree to abide by the terms of the company's statement as a condition of employment on the MOU. H. Copyrights, Rights in Data, and Patents: All activities of FHC under the MOU are considered "work made for hire" as defined under Title 17 USC Section 101, and shall include þut 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," CaIEMA owns all rights comprised in the copyright, and therefore CaIEMA 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, the FHC must refer the discovery or invention to CalEMA. Determination of rights to inventions or discoveries shall be made by CalEMA, 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, CaIEMA 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 CaIEMA grant funds. -5- 10. CAPACITY OF AGENCY AND FHC A. ln the furnishing of the services provided for herein, FHC is acting solely as an independent contractor. Neither FHC, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venture, 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 FHC shall perform its work and functions. However, Agency shall retain the right to administer this MOU so as to verify that FHC is performing its obligations in accordance with the terms and conditions thereof. B. This MOU does not evidence a partnership or joint venture between FHC and Agency. FHC shall have no authority to bind Agency absent Agency's express written consent. Except to the extent othenruise provided in this MOU, FHC shall bear its own costs and expenses in pursuit thereof. C. Because of its status as an independent contractor, FHC and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to Agency employees. FHC 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, FHC shall be solely responsible, indemnify, defend and save Agency harmless from all matters relating to employment and tax withholding for and payment of FHC'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, FHC may be providing services to others unrelated to Agency or to this MOU. 11. INSURANCE A. Throughout the life of this MOU, FHC 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 6 (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. (iii) 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. FHC shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and FHC shall also be responsible for payment of any self-insured retentions. C. The above described policies of insurance shall be endorsed to provide an unrestricted 30 calendar day written notice in favor of Agency of policy cancellation of coverage, except for the Workers' Compensation policy which shall provide a 10 calendar day written notice of such cancellation of coverage. ln the event any policies are due to expire during the term of this Agreement, FHC shall provide a new certificate evidencing renewal of such policy not less than 1 5 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, FHC 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 FHC'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 FHC; (ii) insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the services, or the expiration or termination of the MOU, whichever first occurs; (iii) if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of the MOU, or services commencement date, FHC 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. -7- F. FHC shall have furnished Agency with the certificate(s) and applicable endorsements for ALL required insurance prior to Agency's execution of the MOU. FHC 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, FHC fails to maintain the required insurance in full force and effect, all work under this MOU shall be discontinued immediately, and all payments due or that become due to FHC shall be withheld until notice is received by Agency that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to Agency. Any failure to maintain the required insurance shall be sufficient cause for Agency to terminate this MOU. H. The fact that insurance is obtained by FHC shall not be deemed to release or diminish the liability of FHC, 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 FHC. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of FHC, its principals, officers, agents, employees, persons under the supervision of FHC, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. l. Upon request of Agency, FHC 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 underwriter to be a true and correct copy of the original policy. This requirement shall survive termination or expiration of this MOU. J. lf FHC should subcontract all or any portion of the services to be performed under this MOU, FHC 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 FHC and Agency prior to the commencement of any work by the subcontractor. 12. INDEMNIFICATION A. To the furthest extent allowed by law, FHC 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, FHC or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of performance of this MOU. FHC'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 FHC should subcontract all or any portion of the work to be performed under this MOU, FHC 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 -8- terms of the preceding paragraph. C. This section shall survive termination or expiration of this MOU. 13. ATTORNEY'S FEES 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 by the 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 a nd 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. 18. WAIVER The waiver by either party of a breach by the other of any provision of this MOU shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this MOU. No provision of this MOU may be waived unless in writing and approved by and signed by all parties to this MOU. Waiver of any one provision herein shall not be deemed to be a waiver of any provision herein. 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 -9- 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 To the extent required by controlling federal, state and local law, FHC shall not employ discriminatory practices in the provision of services, employment of personnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. FHC shall carry out applicable requirements of 49 CFR part 26 in the award and administration of contracts hereunder. Failure by FHC 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. FHC will include this paragraph in each of its subcontracts and require the same of its subcontractors. It is the public policy of the State of California to promote equal employment opportunity by prohibiting discrimination or harassment in employment because of race, religious creed, color, national origin, ancestry, age (over 40), mental and physical disability (including HIV and AIDS), medical condition (cancer and genetic characteristics), marital status, sex (including sexual harassment), sexual orientation (heterosexuality, homosexuality, and bisexuality), pregnancy (childbirth, or related medical conditions), political affiliation/opinion, Veteran's status or request -10- for family medical leave. FHC will not discriminate in the delivery of services or benefits based on the previously identified situations. FHC shall comply with Executive Order 11246 as amended by Executive Order 11375 and supplemented at 41 CFR 60. FHC 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 rs suö7'ecf to receipt of Grant funds and ratification by the Council of the City of Fresno. lN WITNESS THEREOF, the parties have executed this MOU at Fresno, California on the day and year first above written. CITY OF FRESNO, FAMILY HEALING CENTER, ATTEST: Yvonne Spence, CMC City City of 'tJ,r lt z- Date APPROVED AS TO FORM: Êaqacltt¿- /1, - l(¿n"¿- .A1..¡,,- City Attorney, City of Fresno a California municipal corporation TAXPAYER FEDERAL I.D. # 611548570 Algier -11-