HomeMy WebLinkAboutFresno Madera Youth for Christ MOU Cal GRIP exp 123117rç tqzI,z6-btl
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU'), effective as of January 1, 2015 as
provided hereunder, is entered into by and between the CITY OF FRESNO, a California
, municipal corporation (hereinafter referred to as "Agency"), and Fresno/Madera Youth
, ,,, for Christ, a California nonprofit organization (hereinafter referred to as "YFC ").
i,j REcITALS
',, i) WHEREAS, Agency has submitted an application to the Board of State and,) Community Corrections ("BSCC") for $1,500,000 in grant funds through the 2015-2017
Grant Funding Cycle California Gang Reduction, lntervention and Prevention
("CalGRlP")(hereinafter referred to as the "Program"), incorporated by reference herein,
funded by the State of California, State Budget Act, Restitution Funds; 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 with BSCC ("Grant") consistent with the Program, Agency intends through its
Police Department ("FPD") to work in partnership with YFC for the purpose of
developing and implementing City Life Gang Prevention project; and
WHEREAS, Agency and YFC 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: AGENCY:
Fresno Police Department Fresno/Madera Youth for Christ
Mayor's Gang Prevention lnitiative Gabriel Hernandez
Maggie Navarro, Community Coordinator 1401 E. Divisadero St
2323 Mariposa Mall Fresno, C493721
Fresno, CA93721
-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 ("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 CalGRlP services by:
1. FPD through the CalGRlP grant program, will provide training as needed
in gang cultures;
2. Will provide technical assistance with project as needed; and
3. Will refer Mayor's Gang Prevention lnitiative participants to YFC as
appropriate.
B. Through the CalGRlP grant program, YFC will have direct oversight for the City
Life/Gang Prevention Services strategy development and implementation. YFC will:
1. Collaborate with law enforcement agencies to reach incarcerated and pre-
sentenced juveniles to provide intervention counseling inside the Fresno
County Juvenile Justice Center and the Youth Correctional Facility in
Stockton;
2. Work with High Risk Teens and Children in central and west Fresno and
identify target population that would benefit from the program;
3. Provide training to staff group facilitators and other areas as needed;
4. Track all participants referred and participating in youth groups;
5. Provide quarterly project progress reports to City of Fresno designated
staff;
6. Meet with project evaluators regarding project tasks measurements and
outcome indicators; and
7. Maintain records of all on a daily time sheet or activity report and in
accordance with the Grant guidelines and reporting requirements.
D. Staff of the FPD Mayor's Gang Prevention lnitiative will coordinate directly with
YFC 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 YFC solely from
allocated and available Program Grant funds for eligible costs incurred by YFC in
pursuit hereof, in an amount not to exceed $4,800 per each grant year, for a total of
$15,000, for the cost of a 160/o FTE City Life Director and youth incentives, in
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.
.|
-L-
C. Payment shall be contingent on Agency's receipt of an undisputed invoice and
any reports and substantiation materials required by Agency.
D. lf YFC 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 January 1,2015 and ending
December 31, 2017. YFC acknowledges and agrees that continued funding is
dependent upon satisfactory performance by YFC 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.
C. Notwithstanding the foregoing, this MOU shall be suspended or terminated upon
Agency's written notice thereof to YFC 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, (ii¡) YFC 's illegal or improper use of funds, (iv) YFC
's failure to comply with any term of this MOU, (v) YFC 's submittal of any substantially
incorrect or incomplete itemized invoice required for reimbursement, (vi) YFC 's failure
to comply with grant guidelines in the BSCC Recipient Handbook, or (vii) YFC 's failure
to comply with any applicable provisions of the Grant.
5. TARGET POPULATION
Services provided under this Program shall be directed to identified high risk teens and
children in West Fresno.
6. RESOURCES
A. FPD will provide:
' Mayor's Gang Prevention lnitiative staff to provide oversight and
resources to YFC relating to this Program and serve as a liaison to the
State for programmatic and budgetary issues;. Training on gang culture. Will refer participants as needed
B. YFC will provide:. 160/0 FTE City Life Director;
-J-
. Youth recruitment and vocational project coordination
7. RECORDKEEPING AND PERFORMANCE DATA
A. YFC shall keep proper records of, and submit to the Agency each quarter, the
following data: (EXAMPLES)
. Tracking of curriculum group sessions and participant referring agencies. Tracking of intervention services. Documentation of notices of events; to include date, time and activity, and
sign-up sheets of participants.
B. YFC shall provide any monthly and quarterly reports, and any certifications as
required by Agency and in accordance with Exhibit B.
8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION
A. YFC 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. YFC shall maintain accurate, complete, orderly and separate records for the
Program and funding separately from all other funds, including any funds awarded for
the same or similar purposes or programs. YFC 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 YFC 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 YFC 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.
-4-
D. YFC also understands and agrees that Agency, DOJ and the GAO are
authorized to interview any officer or employee of YFC regarding transactions related to
this MOU.
9. COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT
A. YFC 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. YFC
acknowledges receipt of a copy of the Grant Agreement, a copy of which is attached
hereto as Exhibit C and the terms of which are incorporated by reference herein. YFC 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 YFC under this MOU are over and above YFC's
budgeted positions. The parties agree that Grant funds shall not be used to replace
funds of, or positions otherwise funded by, YFC.
C. As applicable, costs and expenditures must be allowable in accordance with
OMB Circular A-87, Cost principles for sfafe, local and lndian Tribal Governments.
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. YFC shall allow access to Agency, BSCC and any of their representatives for any
onsite assessments.
E. By signing this MOU, YFC 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) YFC will adhere to Federal Executive Order 12549, Debarment and Suspension;
and (iii) neither YFC , 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. YFC shall complete and submit to Agency all
applicable forms required by the Grant Agreement.
F. Drug-Free Workplace Certification: YFC 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. YFC
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, YFC certifies under penalty of perjury under the
laws of the State of California compliance with California Government Code Section
8355 in matters relating to providing a drug-free workplace, and that YFC will:
-5-
(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 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) W¡ll 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 YFC 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, YFC 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 YFC
A. ln the furnishing of the services provided for herein, YFC is acting solely as an
independent contractor. Neither YFC, 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 YFC shall perform its work and functions. However, Agency shall
-6-
retain the right to administer this MOU so as to verify that YFC is performing its
obligations in accordance with the terms and conditions thereof.
B. This MOU does not evidence a partnership or joint venture between YFC and
Agency. YFC shall have no authority to bind Agency absent Agency's express written
consent. Except to the extent othenruise provided in this MOU, YFC shall bear its own
costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, YFC and its officers, agents
and employees shall have absolutely no right to employment rights and benefits
available to Agency employees. YFC 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, YFC shall be solely
responsible, indemnify, defend and save Agency harmless from all matters relating to
employment and tax withholding for and payment of YFC '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, YFC may be providing services to others unrelated to Agency or to
this MOU.
11 INSURANCE
A. Throughout the life of this MOU, YFC 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.
-7-
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.
PROFESSTONAL LtABtLtTy (ERRORS AND OMtSStONS)
insurance with limits of liability of not less than $1,000,000 per
claim/occurrence and $2,000,000 aggregate.
WORKERS' COMPENSATION insurance as required under the
California Labor Code.
(v) EMPLOYERS' LlABlLlry 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. YFC shall be responsible for payment of any deductibles
contained in any insurance policies required hereunder and YFC 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, YFC 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, YFC 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 YFC'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 YFC ; (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
(ii)
(iii)
(iv)
-8-
commencement date, YFC 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. YFC shall have furnished Agency with the certificate(s) and applicable
endorsements for ALL required insurance prior to Agency's execution of the MOU. YFC
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, YFC 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 YFC 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 YFC shall not be deemed to release or
diminish the liability of YFC, 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 YFC.
Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of YFC, its principals, officers, agents, employees, persons
under the supervision of YFC, vendors, suppliers, invitees, consultants, sub-
consultants, subcontractors, or anyone employed directly or indirectly by any of them.
l. Upon request of Agency, YFC 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 YFC should subcontract all or any portion of the services to be performed
under this MOU, YFC 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 YFC and Agency
prior to the commencement of any work by the subcontractor.
12. INDEMNIFICATION
To the furthest extent allowed by law, YFC shall indemnify, hold harmless and
defend Agency and each of its officers, officials, employees, agents and volunteers from
-9-
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, YFC 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. YFC'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.
lf YFC should subcontract all or any portion of the work to be performed under
this MOU, YFC 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.
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
-10-
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, 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.
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 padies 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.
-11-
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, YFC 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. YFC shall carry out applicable requirements of 49 CFR parts 26 in the award and
administration of contracts hereunder. Failure by YFC 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. YFC will not discriminate in the delivery of services or benefits based on
the previously identified situations. YFC shall comply with Executive Order 11246 as
amended by Executive Order 11375 and supplemented at 41 CFR 60.
C. YFC 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.
-t2-
Ht
Ht
- 13-
lN WITNESS THEREOF, the parties have executed this MOU at Fresno,
California on the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
Fresno Youth for Christ,
L-ò - tçBY:
Ed Ka rek, Chief
TAXPAYER
Officer
#94-1691498
ATTEST:
Yvonne Spence, CMC
APPROVED AS TO FORM:
Douglas Sloan
City Attorney, City of Fresno
Addresses:
CITY:
Fresno Police Department
Attention: Jerry Dyer
Chief of Police
2323 Mariposa Mall
Fresno, C493721
Attachment:
Exhibit A - Cost Breakdown
Exhibit B - Performance Measures Timeline
Exhibit C - Grant Agreement
FOC:
Fresno/Madera Youth for Christ
Attention: Ed Kaczmarek
Chief Executive Director
1401 E. Divisadero St.
Fresno, C493721
of Fresno Police Department
City Clerk, City gf ,Fresno
-r4-
EXHIBIT A
Fresno/Madera Youth for Ghrist (YFC)
CBO will have direct oversight of City Life vocational project. Project
expenses for City Life program include percentage of director salary that will
be responsible for youth recruitment and vocational project coordination and
youth incentives.
Total cost during three year grant period is: $15,000
. 1 City Life Director Salary @ 16% = $13,500
o (Year 1-$38,000; Year 2-$39,000; Year 3-$40,000 = $117,000)
. Youth Gift Cards/lncentives @ = $1,500
STATË OF CALIFORNIA
STANDARD AGREETTENT
STO213 (Rev0d03)
Exhibit C
1. This Agreement is entered inb between the State Agency and the ContraAor named belor:
STATE AGENCYS I{AIIE
BOARD OF STATE AND COMMT'MTY CORRECTTONS
cffY oÍ'ÍRESNO
2. The term of this
Agreementis:
Jenurry l,2015 through Deecmbcr31,20t5
3. The ma¡<imum amount $500,000.00
ofthisAgmementis: FI\¡BHITNDREDTHOUSANDDOLLARSANDzERocENn¡
4. The parties_agree to comply wih üre tenns and condiüons of the fullowing exhibits which are by thie reference made apart of the GnantAgreement.
Sections 1 lhrough 9
ExhibitA- Califomia @ng Reduction, Intervention and Pevention (CalGRlP) Program
Standard Conditbns
Exh¡bit B - Califomiâ Gang Reduction, lnbrwnf¡on and Prevention (CalGRlP) Program 2 paqpg
GeneralTerms and Conditions :*Exhíbit C - General Terms and Conditions GTC 610'i
Items dtoum vlih an Asfrlrid< ('), arc henby ìnwporated by ro;fwenç€ and mada ped of this agrcement as if attaclrcd lte¡eto.
Ihæ dærtøß cø te vì¿ltd sf www.d¿r¡tttlrlnß.&s.cdsot/ols/GTÇ4l0.doc
lN uvlrllEss WHEREoF, ttrls Agl€oment hæ b€on execubd by the partþs hercûo.
CONTRACTOR
CONTRACTOR1S MilE fi d¿erü,6n ffi hdúdual, CEte wwÊt a ætrþtffin, rÐilnaïlip, €irc.)
CITYOFFRESÀIO
(A.ilñtuá
.6
Jerry P.
ADDRESSì
2323 Mariposa Mall, Fresno, C A 93721
STATE OF CALIFORNIA
AOENCY NAIII|E
BOARD OF STATE AND
EY(Aufrarø
6
William J. Crout, Deputy Director
ADORESS
600 BeroutDriven Sacrame,nto, CA 95811
3 pages
6 pages
t:."
C',l¡onìla p€'p/ûng/tf of GeÚr€rr,
SendcesUBe Ody
OFPF,SON
Chief