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HomeMy WebLinkAboutFEOC - Anti Human Trafficking Task Force - 2012ı ,ço3 LI] Ofr .9IEuoO-ø -oOO E() MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU'), effective as of October 1, 2012 as prov¡ded hereunder, is entered into by and between the CITY OF FRESNO, a California municipal corporation (hereinafter referred to as "Agency"), and the FRESNO ECONOMIC OPPORTUNTIES COMMISSION, a California nonprofit organization (hereinafter referred to as "Fresno EOC'). 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 Fresno EOC for the purpose of providing maximum available assistance for victims of human trafficking residing in the City of Fresno including investigation, immediate response, emergency housing, transportation, case management, advocacy, legal services, crisis counseling and other supportive services; and WHEREAS, Agency and Fresno EOC 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 lnvestigations Sgt. Curtis Chastain 2326 Fresno St. Fresno, CA93721 Fresno EOC: Fresno Economic Opportunities Commission Central Valley Against Human Trafficking Ronna Bright, MSW 1900 Mariposa Mall, Suite 301 Fresno, CA 93721 -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 Fresno EOC's Sanctuary and Youth Services' CentralValley Against Human Trafficking ("CVAHT"). B. Through its CVAHT, Fresno EOC will provide comprehensive services such as referrals to emergency housing, advocacy, case management, crisis counseling and other supportive services. C. Fresno EOC will provide a .35 full time equivalent (FTE) Case Manager for twelve months to provide services under the auspices of CVAHT. Activities will be maintained by Fresno EOC on a daily time sheet and in accordance with the Grant guidelines and reporting requirements. D. Staff of the FPD Human Trafficking Task Force and CVAHT will attend regularly scheduled monthly meetings to discuss strategies, timetables and implementation of mandated services. 3. REIMBURSEMENT FOR PROGRAM ACTIVITIES A. For the aforementioned services, Agency agrees to reimburse Fresno EOC solely from allocated and available Program Grant funds for eligible costs incurred by Fresno EOC in pursuit hereof, in an amount not to exceed $19,000 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 repods and substantiation materials required by Agency. undisputed invoice and any D. lf Fresno EOC 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. Fresno EOC acknowledges and agrees that continued funding is dependent upon satisfactory performance by Fresno EOC and availability of funds. B. Subject to the foregoing, the term of the MOU is for a l2-month funding cycle Program commencing October 1,2012 and ending September 30, 2013. a C. Notwithstanding the foregoing, this MOU shall automatically be suspended or terminated upon Agency's written notice thereof to Fresno EOC 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) Fresno EOC's illegal or improper use of funds, (iv) Fresno EOC's failure to comply with any term of this MOU, (v) Fresno EOC's submittal of any substantially incorrect or incomplete itemized invoice required for reimbursement, (vi) Fresno EOC's failure to comply with Federal Drug/Alcohol regulations, or (vii) Fresno EOC'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 A. FPD will provide:. Vice investigators to provide proactive operations for increase of number of anti-human trafficking cases investigated;o 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{ime administrative assistant to implement and monitor a human trafficking tip line (includes the receiving and transferring of information from the public and Fresno EOC to investigators). B. Fresno EOC will provide:. One .35 FTE Case Manager;. Advocacy, case management, referrals for emergency shelter, crisis counseling and other assistance to victims;. Supervision and training by CVAHT's Project Coordinator; ando Access for victims, identified by FPD, to needed Fresno EOC services within existing policies and procedures. 7. RECORDKEEPINGANDPERFORMANCEDATA A. Fresno EOC 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 and number of victims counseled, provided shelter and any other assistance. B. Fresno EOC shall provide any monthly and quarterly reports, and any certifications as required by Agency. I-J- 8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION A. Fresno EOC shall submit a monthly invoice to FPD for the eligible expenses incurred in providing the services of the Case Manager. Billing documentation shall include the following: o A breakdown of expenditures by cost category; and. Supporting documentation of all costs including payroll registers, general ledgers and checks as requested by Agency. B. Fresno EOC shall maintain accurate, complete, orderly and separate records for the Program and funding separately from all other funds, including any United States Deparlment of Justice ('DOJ') award funds awarded for the same or similar purposes or programs. Tracking and reporting of any American Recovery and Reinvestment Act of 2009 ("Recovery Act") funds must be maintained separately. Accordingly, the accounting systems of Fresno EOC must ensure that funds from Recovery Act funding are not commingled with funds hereunder. Fresno EOC 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 Fresno EOC 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 Fresno EOC 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. Fresno EOC also understands and agrees that Agency, DOJ and the GAO are authorized to interview any officer or employee of Fresno EOC regarding transactions related to this MOU. 9. COMPLIANCE WITH GOVERNING LAW AND GRANT A. Fresno EOC 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. Fresno EOC 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 Fresno EOC under this MOU are over and above Fresno EOC's budgeted positions. The parties agree that Grant funds shall not be used to replace funds of, or positions othen¡vise funded by, Fresno EOC. C. As applicable, costs and expenditures must be allowable in accordance with OMB Circular A-87, Cost principles for state, Iocal and lndian Tribal Governmenfs. Grant funds are -4- subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-133, Audits of sfaúes, local governments and non-profit organizations. D. Fresno EOC shall allow access to Agency, CALEMA and any of their representatives for any onsite assessments. E. Fresno EOC shall not lobby for, promote, or advocate for the legalization or regulation of prostitution as a legitimate form of work. F. By signing this MOU, Fresno EOC 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 3l of the U.S. Code, and implemented as 28 CFR Part 69; (i¡) Fresno EOC will adhere to Federal Executive Order 12549, Debarment and Suspension; and (iii) neither Fresno EOC, 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. Fresno EOC shall complete and submit to Agency all applicable forms required by the Grant. G. Drug-Free Workplace Certification: Fresno EOC 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 615 and 620. Fresno EOC 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, Fresno EOC certifies under penalty of perjury under the laws of the State of California compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace, and that Fresno EOC 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 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 Secúion 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 Fresno EOC 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," 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 pad, 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 pedormed, in whole or in part, under the MOU, the Fresno EOC 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. 10. CAPACITY OF AGENCY AND FRESNO EOC A. ln the furnishing of the services provided for herein, Fresno EOC is acting solely as an independent contractor. Neither Fresno EOC, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, padner or associate of Agency for any purpose. Agency shall have no right to control or supervise or direct the manner or method by which Fresno EOC shall peform its work and functions. However, Agency shall retain the right to administer this MOU so as to verify that Fresno EOC is performing its obligations in accordance with the terms and conditions thereof. B. This MOU does not evidence a parlnership or joint venture between Fresno EOC and Agency. Fresno EOC shall have no authority to bind Agency absent Agency's express written consent. Except to the extent othenryise provided in this MOU, Fresno EOC shall bear its own costs and expenses in pursuit thereof. C. Because of its status as an independent contractor, Fresno EOC and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to Agency employees. Fresno EOC 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, Fresno EOC shall be solely responsible, indemnify, defend and save Agency harmless from all matters relating to employment and tax withholding for and payment of Fresno EOC'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, Fresno EOC may be providing services to others unrelated to Agency or to this MOU. 11. INSURANCE A. Throughout the life of this MOU, Fresno EOC 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: 6 (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 91,000,000 per occurrence and $2,OOO,OOO general aggregate for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and 92,000,000 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. (iii) PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) insurance with limits of liability of not less than 91,000,000 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 $1,0OO,OOO each accident, $1,000,000 disease policy limit and 91,000,000 disease each employee. B. Defense costs shall be provided as an additional benefit and not included within the above limits of liability. Fresno EOC shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Fresno EOC 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, Fresno EOC 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 a notice of cancellation in coverage, Fresno EOC 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 Fresno EOC'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 7 commencement of services by Fresno EOC; (¡¡) 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, Fresno EOC 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. F. Fresno EOC shall have furnished Agency with the cerlificate(s) and applicable endorsements for ALL required insurance prior to Agency's execution of the MOU. Fresno EOC 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, Fresno EOC 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 Fresno EOC 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 Fresno EOC shall not be deemed to release or diminish the liability of Fresno EOC, 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 Fresno EOC. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Fresno EOC, its principals, officers, agents, employees, persons under the supervision of Fresno EOC, vendors, suppliers, invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any of them. l. Upon request of Agency, Fresno EOC 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 undenuriter to be a true and correct copy of the original policy. This requirement shall survive termination or expiration of this MOU. J. lf Fresno EOC should subcontract all or any portion of the services to be performed under this MOU, Fresno EOC 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 Fresno EOC and Agency prior to the commencement of any work by the subcontractor. 12. INDEMNIFICATION A. To the furthest extent allowed by law, Fresno EOC 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 -8- damage) incurred by Agency, Fresno EOC 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. Fresno EOC'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 Fresno EOC should subcontract all or any portion of the work to be performed under this MOU, Fresno EOC 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 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 pady's respective heirs, successors, assigns, transferees, agents, servants, employees 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. 9 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 herern. 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 padies 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, Fresno EOC 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 -10- disability, mental disability, medical condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. Fresno EOC shall carry out applicable requirements of 49 CFR part 26 in the award and administration of contracts hereunder. Failure by Fresno EOC 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 bisexuality), pregnancy (childbirth, or related medical conditions), political affiliation/opinion, Veteran's status or request for family medical leave. Fresno EOC will not discriminate in the delivery of services or benefits based on the previously identified situations. Fresno EOC shall comply with Executive Order 11246 as amended by Executive Order 11375 and supplemented at 41 CFR 60. C. Fresno EOC 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 subject to receipt of Grant funds and ratification by the Council of the City of Fresno. Ht ilt -11- IN WITNESS the day and year first CITY OF FRESNO, THEREOF, thc above written. parties have executed this MOU at Fresno, California on FRESNO ECONOMIC OPPORTUNITIES COMMISSION, TAXPAYER FEDERAL I.D. # 94-1606519 APPROVED AS TO FORM: fra^gv.- rrl' ((¿'*n' fiY¿; ¿. City Attorney, City of Fresno a California mun¡cipal corporation of Fresno Police Department ief Executive Officer Yvonne Spence, CMC City p.lerk, City of Fresno l>/rr ltz Na -12-