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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 FRIENDS OF CALWA, a
California nonprofit organization (hereinafter referred to as "FOC").
RECITALS
WHEREAS, Agency has submitted an application to the California Governor's Office of
Emergency Services ("CalOES") for $450,000 in grant funds through the 2014 Grant Funding
Cycle - Project Safe Neighborhoods (hereinafter referred to as the "Program"), incorporated by
reference herein, funded by the United States Department of Justice ("DOJ"); 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 and gun violence; and
WHEREAS, upon award of grant funds and entry by Agency into a grant agreement with
CaIOES ("Grant") consistent with the Program, Agency intends through its Police Department
("FPD') to work in partnership with Friends of Calwa for the purpose of providing a youth
development program foryouth 11 to 15 years of age residing in neighborhoods surrounding the
community of Calwa. Services include instruction and mentorship to develop leadership skills,
gain self-esteem, learn the value of community, and exercise self-empowerment; and
WHEREAS, Agency and Friends of Calwa 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 Deparlment
Mayor's Gang Prevention lnitiative
Maggie Navarro, Coordinator
2323 Mariposa Mall
Fresno, C493721
FOC:
Friends of Calwa
Laura K. Moreno
P.O. Box 7861
Fresno, CA.93747
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2. ROLES AND RESPONSIBILITIES
A. FPD, subject to all applicable constitutional and local law requirements, shall act as the
lead agency in coordinating the activities of the Project Safe Neighborhoods ("PSN") grant
program to reduce crime associated with gang and gun violence. FPD, through the PSN grant
program, will support the efforts of Friends of Calwa to provide the Nature and Nurture Program
to youth ages 11 to 15 residing in the Calwa Neighborhood.
B. Through the PSN grant program, Friends of Calwa will have direct oversight of
community outreach, youth engagement, strategy development and implementation of the
Nature and Nurture Program.
C. Friends of Calwa will provide a .50 full time equivalent (FTE) Case Manager for 21
months for daily program coordination. Activities will be maintained by Friends of Calwa on a
daily time sheet and in accordance with the Grant guidelines and reporting requirements.
D. Staff of the FPD Mayor's Gang Prevention lnitiative ("MGPl")_and the Multi-Agency
Gang Enforcement Consortium ("MAGEC") will coordinate directly with Friends of Calwa to
discuss strategies, timetables and implementation of services to meet goals and objectives of
the PSN grant program.
3. REIMBURSEMENT FOR PROGRAM ACTIVITIES
A. For the aforementioned services, Agency agrees to reimburse Friends of Calwa solely
from allocated and available Program Grant funds for eligible costs incurred by Friends of Calwa
in pursuit hereof, in an amount not to exceed $80,000 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.
C. Payment shall be contingent on Agency's receipt of an undisputed invoice and any
reports and substantiation materials required by Agency.
D. lf Friends of Calwa 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 1,2014 and ending July 31 ,2016. Friends of
Calwa acknowledges and agrees that continued funding is dependent upon satisfactory
performance by Friends of Calwa and availability of funds.
B. Subject to the foregoing, the term of the MOU is for a 17-month funding cycle Program
commencing January 1,2015 and ending July 31 ,2016.
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C. Notwithstanding the foregoing, this MOU shall automatically be suspended or terminated
upon Agency's written notice thereof to Friends of Calwa 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) Friends of Calwa's illegal or improper use of funds,
(iv) Friends of Calwa's failure to comply with any term of this MOU, (v) Friends of Calwa's
submittal of any substantially incorrect or incomplete itemized invoice required for
reimbursement, (vi) Friends of Calwa's failure to comply with grant guidelines in the CaIOES
Recipient Handbook, or (vii) Friends of Calwa's failure to comply with any applicable provisions
of the Grant.
5. TARGET POPULATION
Services provided under this Program shall be directed to children ages 1 1 to 15 that reside
within the Calwa neighborhood in the City of Fresno.
6. RESOURCES
A. FPD will provide:
¡ MGPI staff to provide oversight and resources to Friends of Calwa relating to this
Program and serve as a liaison to the State for programmatic and budgetary
issues;. MAGEC personnel will serve as a law enforcement resource will work directlywith the Calwa community to reduce gang and gun violence in their
neighborhood;
B. Friends of Calwa will provide:. One.50 FTE Case Manager;o Mentorship and instruction to Calwa neighborhood youth for the development of
leadership skills, enhanced self-esteem; the value of community, and self-
empowerment;. Coordination of community projects, and sporting events for Calwa neighborhood
youth; and. Coordination and facilitation of community and youth meetings in the Calwa
neighborhoods.
7. RECORDKEEPING AND PERFORMANCE DATA
A. Friends of Calwa shall keep proper records of, and submit to the Agency each quarter,
the following data in accordance with Exhibit B of this MOU:
. Number of Community events and participants - Proper documentation will
include notices of events; to include date, time and activity, and sign-up sheets of
participants.
B. Friends of Calwa shall provide any monthly and quarterly reports, and any certifications
as required by Agency.
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8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION
A. Friends of Calwa shall submit a monthly invoice to FPD for the eligible expenses
incurred for Program. Billing documentation shall include the following:
1. A breakdown of expenditures by cost category;2. Supporting documentation of all costs including payroll registers, general ledgers and
checks as requested by Agency; and
3. ïime sheet documentation for grant funded staff position.
B. Friends of Calwa shall maintain accurate, complete, orderly and separate records for the
Program and funding separately from all other funds, including any DOJ award funds awarded
for the same or similar purposes or programs. Friends of Calwa 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 Friends of Calwa expenses
pertaining to the Program shall be kept on a generally recognized accounting basis.
C. All records shall be available to Agency, CalOES, 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 longer as required by law or the
Grant. ln addition, all books, documents, papers, and records of Friends of Calwa 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. Friends of Calwa also understands and agrees that Agency, DOJ, and the GAO are
authorized to interview any officer or employee of Friends of Calwa regarding transactions
related to this MOU.
E. ln the event of termination, copies of all books, records, documents, and other evidence
pertinent to the Program required by this MOU collected or prepared by Friends of Calwa, or in
the possession of Friends of Calwa agents, shall be immediately provided to Agency by Friends
of Calwa unless otherwise specified by law
9. COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT
A. Friends of Calwa 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. Friends of Calwa acknowledges
receipt of a copy of the 2014 Recipient Handbook published by the California Governor's Office
of Emergency Services and agrees to comply with all applicable provisions thereof (including,
without limitation, the CaIOES Program Guidelines and the CaIOES Recipient Handbook), and
cooperate with Agency in meeting the requirements thereunder.
B. The services provided by Friends of Calwa under this MOU are over and above Friends
of Calwa's budgeted positions. The parties agree that Grant funds shall not be used to replace
funds of, or positions othenrvise funded by, Friends of Calwa.
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C. As applicable, costs and expenditures must be allowable in accordance with OMB
Circular A-87, Cost principles for state, local and lndian Tribal Governmenfs. Grant funds are
subject to the Single Audit Act Amendments of 1996 and the OMB Circular, A-133, Audits of
sfafes, local governments and non-profit organizations.
D. Friends of Calwa shall allow access to Agency, CaIOES and any of their representatives
for any onsite assessments.
E. By signing this MOU, Friends of Calwa 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)
Friends of Calwa will adhere to Federal Executive Order 12549, Debarment and Suspension;
and (iii) neither Friends of Calwa, 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. Friends of Calwa shall complete and submit to
Agency all applicable forms required by the Grant Agreement.
F. Drug-Free Workplace Certification: Friends of Calwa 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 Par1.67, Subpart F, Sections 615 and 620. Friends of Calwa 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, Friends of Calwa certifies under penalty of perjury under the laws of the State
of California compliance with Government Code Secfion 8355 in matters relating to providing a
drug-free workplace, and that Friends of Calwa 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
violations.
(c) Provide as required by Government Code
employee who works on the proposed MOU:
(i) Will receive a copy of the company's drug-free policy statement, and
(ii) Will agree to abide by the terms of the company's statement as a
condition of employment on the MOU.
G. Copyrights, Rights in Data, and Patents: All activities of Friends of Calwa under the
MOU are considered "work madefor hire" as defined underTitle 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," CaIOES owns all rights comprised
in the copyright, and therefore CaIOES reserves a royalty-free, nonexclusive and irrevocable
license to reproduce, publish, and use such materials, in whole or in part, and to authorize
employees for drug abuse
Secfion 8355(c), that every
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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, Friends of Calwa must refer the
discovery or invention to Ca|OES. Determination of rights to inventions or discoveries shall be
made by CalOES, 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, CaIOES
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
CaIOES grant funds.
10. CAPACITY OF AGENCY AND FRIENDS OF CALWA
A. ln the furnishing of the services provided for herein, Friends of Calwa is acting solely as
an independent contractor. Neither Friends of Calwa, 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 Friends of Calwa shall perform its work and functions. However, Agency
shall retain the right to administer this MOU so as to verify that Friends of Calwa is performing
its obligations in accordance with the terms and conditions thereof.
B. This MOU does not evidence a partnership or joint venture between Friends of Calwa
and Agency. Friends of Calwa shall have no authority to bind Agency absent Agency's express
written consent. Except to the extent otherwise provided in this MOU, Friends of Calwa shall
bear its own costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, Friends of Calwa and its officers,
agents and employees shall have absolutely no right to employment rights and benefits
available to Agency employees. Friends of Calwa 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, Friends of Calwa shall be solely responsible,
indemnify, defend and save Agency harmless from all matters relating to employment and tax
withholding for and payment of Friends of Calwa'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, Friends of Calwa may be providing services to
others unrelated to Agency or to this MOU.
11. INSURANCE
A. Throughout the life of this MOU, Friends of Calwa 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" ín Best's lnsurance Rating Guide, or (ii) authorized by Agency's
Risk Manager. The following policies of insurance are required:
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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 92,000,000
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.
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.
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.
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 lÌmits of liability. Friends of Calwa shall be responsible for payment of any deductibles
contained in any insurance policies required hereunder and Friends of Calwa 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 policywhich shall provide a 10 calendardaywritten notice of such
cancellation of coverage. ln the event any policies are due to expire during the term of this
Agreement, Friends of Calwa 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, Friends of
Calwa shall file with Agency a new ce(ificate 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 Friends
of Calwa'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.
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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 Friends of Calwa; (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, Friends of Calwa 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. Friends of Calwa shall have furnished Agency with the certificate(s) and applicable
endorsements for ALL required insurance prior to Agency's execution of the MOU. Friends of
Calwa 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, Friends of Calwa 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 Friends of Calwa 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. Ïhe fact that insurance is obtained by Friends of Calwa shall not be deemed to release
or diminish the liability of Friends of Calwa, including, without limitation, liability under the
indemnity provísions 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 Friends of Calwa. Approval
or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit
the liability of Friends of Calwa, its principals, officers, agents, employees, persons under the
supervision of Friends of Calwa, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
l. Upon request of Agency, Friends of Calwa shall immediately furnish Agency with a
complete copy of any insurance policy required under thìs 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 Friends of Calwa should subcontract all or any portion of the services to be performed
under this MOU, Friends of Calwa 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 Friends of Calwa and Agency prior to the
commencement of any work by the subcontractor.
12. INDEMNIFICATION
To the furthest extent allowed by law, Friends of Calwa shall indemnify, hold harmless and
defend Agency and each of its officers, officials, employees, agents and volunteers from any
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and all loss, liability, fines, penalties, foffeitures, 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, Friends of Calwa 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. Friends of
Calwa'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 Friends of Calwa should subcontract all or any portion of the work to be performed under this
MOU, Friends of Calwa 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 rísk 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,
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.
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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
or interpretation of this MOU and any rights and duties hereunder shall be Fresno County,
California.
20. HEADINGS
The section headings in this MOU are for convenience and reference only and shall not be
construed or held in any way to explain, modify or add to the interpretation or meaning of the
provisions of this MOU.
21. SEVERABILITY
The provisions of this MOU are severable. The invalidity or unenforceability of any one provision
in the MOU shall not affect the other provisions.
22. INTERPRETATION
The parties acknowledge that this MOU in its final form is the result of the combined efforts of
the parties and that, should any provision of this MOU be found to be ambiguous in any way,
such ambiguity shall not be resolved by construing this MOU in favor or against any party, but
rather by construing the terms in accordance with their generally accepted meaning.
23. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be
cumulative with all other remedies at law or in equity.
24. NO THIRD PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this MOU are intended for the specific
parties hereto as identified in the preamble of this MOU. Notwithstanding anything stated to the
contrary in this MOU, it is not intended that any rights or interests in this MOU benefit or flow to
the interest of any third parties.
25. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. To the extent required by controlling federal, state and local law, Friends of Calwa shall
not employ discriminatory practices in the provision of services, employment of personnel, or in
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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. Friends of Calwa shall
carry out applicable requirements of 49 CFR part 26 in the award and administration of
contracts hereunder. Failure by Friends of Calwa 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. Friends of Calwa will not discriminate in the delivery of
services or benefits based on the previously identified situations. Friends of Calwa shall comply
with Executive Order 11246 as amended by Executive Order 11375 and supplemented at 41
CFR 60.
C. Friends of Calwa will include this section in each of its subcontracts and require the
same of its subcontractors.
ENÏIRE 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 subiect to receipt of Grant funds and ratification by the Council of the City of
Fresno.
ut
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IN WITNESS THEREOF, thE
the day and year first above written.
CITY OF FRESNO,
A California municipal corporation
ATTEST:
Yvonne Spence, CMC
City Clerk, City of Fresno
BY:
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, CF.93721
Attachment:
Exhibit A - Cost Breakdown
Exhibit B - Grant Performance Measures
parties have executed this MOU at Fresno, California on
FRIENDS OF CALWA,
a California non-profit organization
W/?A4.tø
ura K. Moreno, Executive Director
TAXPAYER FEDERAL I.D. #27-1546862
A/¿/tr
FOC:
Friends of Calwa
Attention: Laura K. Moreno
Executive Director
P.O. Box 7861
Fresno, CA93747
ty of Fresno Police Department
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Exhibit A
Cost Breakdown for Friends of Calwa regarding the
2014 Project Safe Neighborhoods (PSN) grant program
(Performance Period of October 1,2014-July 31, 2016)
BUDGET
PERSONNEL SALARIES:
1 FTE Coordinator Salary @ 50% = Total $37,440
1 FTE Coordinator Benefits @ 20% = Total $7,488
MATERIALS AND SUPPLIES:
Community/Youth Meetings Cost = $10,873
Office Supplies = 92,432
Youth lncentives = $3,000
Sports Equipment = $1,000
Community Project Supplies = $3,000
TRAVEL AND TRAINING:
Lodging = $300
Per Diem = $168
Registration/Admission = $1 0,200
Vehicle Parking = $340
Bus Rental = $2,800
Mileage = $989
Total Gost for the Duration of this AGREEMENT: $80,000
Exhibit B
Grant Peformance Measures for Friends of Calwa regarding the
2014 Project Safe Neighborhoods (PSN) grant program
(Performance Period of October 1 , 2014-July 31, 20161
PERFORMANCE MEASURES
Goal: Reduce the occurrence of youth gang-related incidents and increase
positive outcomes for youth at high risk for gang involvement.
. Objectives:
o ldentify and employ youth coordinator
o ldentify and recruit your circle parlicipants
o Conduct youth pre-assessments
o Conduct weekly youth circles
o Conduct youth circle post assessments
o Recruit and identify adult mentors
o Conduct adulVvolunteer background clearance
o Plan monthly outdoor activities
o Secure transportation and outdoor supplies
o Conduct monthly activities
o Plan/conduct annual camping trips
o ldentify quarlerly community projects
o Purchase project supplies and permits as required
o lmplement community projects
. Measurements:
o Total number of youth who demonstrate interest in Nature and Nurture via
i nterest ca rd/sign-ups
o Total number of youth that enter the program via completion of pre-
assessment
o Total number of youth circle meetings conducted
o Total number of youth who participate in youth circle meetings
o Total number of youth who complete a full youth circle series (24
meetings) via completion of post assessments
o Total number of youth who exit the program without completing a post
assessment
o Total number of adult volunteers who complete the volunteer process
o Total number of monthly outdoor activities scheduled and completed
o
o
o
Total number of young people who pafticipate in monthly outdoor
activities
Total number of youth who participate in annual youth camping trips
Total number of community service projects scheduled and completed
Total number of adults and youth who participate in community service
projects