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HomeMy WebLinkAboutNeighborhood Watch Bringing Back Broken Neighborhoods to Life MOU CalGRIP exp 123117,ç-v¿* ?'26-?atÇ MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU"), effective as of January 1, 2015 asprovided hereunder, is entered into by and between the CI1y OF FRESNO, " Californiamunicipal corporation (hereinafter referred to as "Agency"), and Neighborhood Watch/Bringing Back Broken Neighborhoods to Life, a California nonprofit organization (hereinafter referred to as "BBNBTL'). RECITALS WHEREAS, Agency has submitted an application to the Bureau of State and Community Corrections ("BSCC") for $1,500,000 in grant funds through the 201 5_2017Grant Funding Cycle California Gang Reductíon, lntervention and prevention ("CafGRlP")(hereinafter referred to as the "Program"), incorporated by reference herein, funded by the state of california, sate 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 itsPolice Department ("FPD") to work in partnership with gaÌ{Eifl for condu-cting community outreach events in crime hot spots ; and WHEREAS, Agency and BBNBTL believe that implementation of the Program as described herein will further the above goals and to this end agree to coordinãte andprovide 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. PARTICIPAT¡NG AGENCIES AND DESIGNATED CONTACT PERSONS Agency: Fresno Police Department Mayor's Gang Prevention lnitiative Maggie Navarro, Coordinator 2323 Mariposa Mall Fresno, CA93721 AGENCY: Fresno Police Bringing Broken Neighborhoods Back to Life Angie lsaak 1211 Fresno St Fresno, CA93721 2. ROLES AND RESPONSIBILITIES -1- A. FPD, subject to all applicable constitutional and local law requirements, shall actas the lead agency in coordinating the activities of the California Gang Reduction, lntervention and Prevention ("CalGRlP") grant program for a collaborative approach thateffectively targets gang violence through enforcement, intervention and preventionprograms. FPD, through the CalGRlP grant program will provide data on gang related incidents within these communities and provide. - 1. FPD, through the CaIGRP grant program, will provide training as needed in gang cultures, 2. will provide technical assistance with the project as needed.3. Will refer MBPI participants as appropriate B' Through the CalGRlP grant program, FPD and BBNBTL will coordinate the collaboration of the Faith Based Community and service providers to facilitate outreachprograms for youth in high crime, high poverty areas of Fresno. The BBNBTL outreach efforts are conducted in distressed neighborhoods, in which they host community and educational events for youth and adults. Resources are distributed to residents in need,and following the event the host agency/church conducts resource follo* up "ndprovides guidance for residents. BBITIBTL will:1. Directly oversee BBNBTL strategy development and implementation;2. Will conduct mobile outreach events in neighborhoods identified in need of assistance; 3. Will work with churches, CA Health Collaborative, West Fresno Family Resource Center, Veterans Administration, Economic Opportunities Commission, National Guard, Boys & Girls Club, Pregnancy Care, Fresno County Department of public Health, and other, to identify the target population thai will benefit from the program; Will provide training to staff group facilitators and other areas as needed; will track all participants referred and participation in youth groups; Will meet with project evaluators regarding project tasks, measurements and outcome indicators; Will provide quarterly project progress reports to Agency's designated staff; and Maintain a daily time sheet or activity report and ln accordancê with the Grant guidelínes and reporting requirements. C' Staff of the FPD Mayor's Gang Prevention lnitiative and the Multi-Agency Gang Enforcement Consortium (MAGEC) will coordinate directly with BBNBTa to discusı 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 BBNBTL solely from allocated and. available Program Grant funds for eligible costs incurred by BBNBTL in pursuit hereof, in an amount not to exceed $14,450 in Year 1, $400 in yåar 2, and $150 in Year 3, for a total of $15,000 for the cost of program related supplies needed to 4. 5. 6. 7. 8. a-L- conduct events for the duration of the grant in accordance with the Program budget attached as Exhibit A and within the performance period of the Grant Èrogram a'nd 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 requíred by Agency. D. lf BBNBTL 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 Grantaward. The two participating agencies signing this MOU shall be commltted to the Grant Program for the entire funding cycle commencing January 1,2015 and ending December 31, 2017. BBNBTL acknowledges and agiees thaf continued funding iı dependent upon satisfactory performance by BBNBTL and availability of State fundirig. P 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 piogram objectives being completed and all costs submitted no laterthan January, 15,'of éach program year. C. Notwithstanding the foregoing, this MOU shall be suspended or terminated upon Agency's written notice thereof to BBNBTL upon any of the following events: (i) Program or Grant termination or suspension, (ii) any non-appropriatioñ or non- allocation of Grantfunding required in pursuit hereof, (iii) BBNBTL's illegal or improper use of funds, (iv) BBNBTL 's failure to comply with any term of this MOU, (v) BBN'BTI 's su.bmittal of any substantially incorrect or incomplete itemized invoice required for reimbursement, (vi) BBNBTL 's failure to comply with grant guidelines in the BSCC Recipient Handbook, or (vii) BBNBTL 's failure to comply with aìy applicable provisions of the Grant. 5. TARGET POPULATION Services provided under this Program shall be directed identified gang infested neighborhoods. 6. RESOURCES A. FPD will provide: -J- ' Mayor's Gang Prevention lnitiative staff to provide oversight and resources to BBNBTL relating to this Program and serve as a liaison to the State for programmatic and budgetary issues; B. BBNBTL will provide:. Staff to Facilitate outreach programso Host community educational eventsc Resource follow up and provide guidance 7. RECORDKEEPING AND PERFORMANCE DATA A. BBNBTL shall keep proper records of, and submit to the Agency each quarter, the following data: (EXAMPLES) o 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. BBNBTL shall provide any monthly and quarterly reports, and any certifications as required by Agency. 8. FINANCIAL REPORT!NG, AUDITING AND DOCUMENT RETENTION A. BBNBTL shall submit a monthly or quarterly invoice to FPD for the eligible expenses incurred for Program. Billing documentation shall include the following: o A breakdown of expenditures by cost category;. Supporting documentation of all costs including payrott registers, general ledgers and checks as requested by Agency; andr Time sheet documentation for grant funded staff position.o Training and/or activities roster B' BBNBTL shall maintain accurate, complete, orderly and separate records for the Program and funding separately from all other funds, including any funds awarded forthe same or similar purposes or programs. BBNBTL agrees- that all personnel performing activities hereunder shall maintain separate timesieets to document hours worked for activities related to the Grant and this MOU. Records of BBNBTL 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 períod of three years átteit¡nal payment or, if longer, for any period required by law or the Grant. ln add-ition, all books, documents, papers, and records of BBNBTL pertaining to the program shall beavailable for the pu.rpose of making audits, examinations, excerpts, and transcriptions foJ tfe same period of time. This paragraph shall survive expirätion or termination ofthis MOU. D. BBNBTL also understands and authorized to interview any officer or related to this MOU. agrees that Agency, DOJ and the GAO are employee of BBNBTL regarding transactions 9. COMPLIANCE WITH GOVERNING I-AW AND GRANT AGREEMENT A. BBNBTL shall at all times compfy with all applicable laws of the United States,the State of California and Agency, and with all appiicable regulations promulgated by federal, state, regional, or local administrative and regulatory alencies, now ín force andas they may be enacted, issued, or amended during the term of this MOU. BBNBTL acknowledges receipt of a copy of the Grant Agreement, a copy of which is attachedhereto as Exhibit B and the terms of which áre incorporated by reference herein. BBNIBTL s agrees_ to comply with all applicable provisions thereof (including, without limitation, the BSCC Program Guidelines and the BSCC Recipieni Handbóok), and cooperate with Agency in meeting the requirements thereunder. B. The services provided by BBNBTL under this MOU are over and above BBNBTL's budgeted positions. The parties agree that Grant funds shall not be used to replace funds of, or positions othenruise funded by, BBNBTL. C. As applicable, costs and expenditures must be allowable in accordance withOMB Circular A-87, Cost principles for state, local and tndian Tribat Governments. Grant funds are subject to the Single Audit Act Amendments of 1gg6 and the OMB Circular, A-133, Audits of sfafes, localgovernments and non-profit organizations. D. BBNBTL shall allow access to Agency, BSCC, and any of their representatives for any onsite assessments. E_ By signing this MOU, BBNBTL certifies under penalty of perjury under the lawsof the State of California that (i) Grant funds shall not bé used ioi tne purpose of lolb^VLlg.as required by Section 1352, Title 31 of the U.S. Code, and implemented as 28 CFR Part 69; (ii) BBNBTL will adhere to Federal Executive Order 12549, Debarment and Suspension; and (iii) neither BBNBTL, nor its principals are presenfly debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exáuded fromparticipation in the MOIJ by any Federal department or agency. BBNBTL shall complete and submit to Agency all applicable forms required Oy tne Grant Agreement. F Drug-Free Workplace Certification: BBNBTL shall comply with the Drug-Free Workplace Act of 1990 ("the Act"), California Government Code Sections Bg50:83S7, the Federal Drug-Free Workplace Act of 1988 (41 USC 701), and the requirements oiFederal law as implemented in 28 CFR Part 67, Subpart F, Sections 615 and 620. -5- BBNBTL shall notify their employees that they are prohibited from engaging in theunlawful manufacture, distribution, dispensation, possession or use bf- cıntrolledsubstances. By signing the signature page of the MOU, BBNBTL certifies under penaltyof 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 BBNBTL will: (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance isprohibited and specifying actions to be taken against employees for violations, as required by Government code section g3s5(a). (b) Establish a Drug-Free Awareness Program as required'by Gove rnment 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, (ii¡) 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 (¡i) Will agree to abide by the terms of the company's statement as a conditíon of employment on the MOU. G' Copyrights, Rights in Data, and Patents: All activities of BBNBTL 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, pubtications, original computer programs, writings,sound recordings, pictorial reproductions, drawings or ot'her- geographióai representations and works of any similar nature. With regard to any "wolk made for híre," BSCC owns all rights comprised in the copyright, and therefore'SSCC reserves a royalty-free, nonexclusive and irrevocable license tó reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. tf 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, BBNBTL must refer the discovery or invention toBSCC. Determination of rights to inventions or discoveries shall be mâde by BSCC, orits duly authorized representative, who shall have the sole and exclusive power todetermine 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 tile to and licens_e rights under any patent application or patent which may be issued-. ln allcases, 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 BBNBTL -6- A. ln the furnishing of the services provided for herein, BBNBTL is acting solely asan independent contractor. Neither BBNBTL, nor any of its officers, ägenté oremployees shall be deemed an officer, agent, employee, joint venturer, pãrtner orassociate of Agency for any purpose. Agency shall have no rignt to control or'supervise or direct the manner or method by which BBNBTL shall perfoim its work and functions. However, Agency shall retain the right to administer this MOU so as to verify thatBBNBTL is performing its obligations in accordance with the terms and conditions thereof. B' This MOU does not evidence a partnership or joint venture between BBNBTL and Agency. BBNBTL shall have no authority to bind Agency absent Agency's expresswritten consent, Except to the extent othenryise providéd ¡n tn¡s MOU, ggÑgtt'snall bear its own costs and expenses ln pursuit thereof. C. Because of its status as an independent contractor, BBNBTL and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to Agency employees. BBNBTL shall bè solely liabie and rèsponsible for allpayroll and tax withholding and for providing to, or on behalf of, its employees allemployee benefits including, without limitation, heatth, welfare and retirement óenefits. ln addition, together with its other obligations under this MOU, BBNBTL shall be solely responsible, indemnify, defend and save Agency harmless from all matters relating tóemployrnent and tax withholding for and payment of BBNBTL's employees, including,without iimitation, (i) cornpliance with Social Security and unempioyment insurancèwithholding, payment of workers compensation beñefíts, and äll 'otner laws and withholding, taxes and payrnent; and (ii) any ent benefits, entitlements, programs and/or r arising by reason of any common law, de r theory. lt is acknowledged that during theterm of this MOU, BBNBTL may be providing services to others unre'Íated to Agenóy orto this MOU. 11. INSURANCE A. Throughout the life of this MOU, BBNBTL shall pay for and maintain in full force and effect all policies of insurance required hereunder wiih an insurance company(ies) either (i) admitted by the California lnsurance Commissioner to do business in the Stateof 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 0o 01 and shall include insurance for "bodily injury", "property damage"and "personal and advertising injury", including premises ând operation, products and completed operations and contractual liability (including, without limitation, indemnity obligations under the Agreement) with limits of liability of not ress than $1,000,000 per -7- occurrence and $2,000,000 general aggregate for bodily injury and property damage, 91,000,000 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 offíce (lso) form cA 00 01 and shall incrude coverage for "any auto" with limits of liability of not less than 91,000,000 per accident for bodily injury and property damage. (iii) PROFESSIONAL L|ABlLrTy (ERRORS AND OMtSSIONS)insurance with limits of liability of not less than 91,000,000 per claím/occurrence and 92,000,000 aggregate. (iv) WORKERS' COMPENSATION ínsurance as required under the California Labor Code. (v) EMPLOYERS' LIABILITY insurance with minimum limits of $1,000,000 each accídent, $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 withinthe above limits of liability. BBNBTL shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and BBNBTL shail also be responsible for payment of any serf-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, BBNBTL shall provide'a new certificate evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring polícy(ies). Upon issuance by the insurer, broker, or agent of a notice of cancellation in coverage, BBNBTL 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 BBNBT'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. Ë. 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 -8- MOU or the commencement of services by BBNBTL; (ii) insurance must be maintained and evidence of insurance must be provided for at leasi 5 years after completion of theservices, or the expiration or te¡'mination of the MOU, whichever first occurs; (iii) ifcoverage is canceled or non-renewed, and not replaced with another claims-madepolicy form with a retroactive date prior to the effective date of the MOU, or services commencement date, BBNBTL must purchase extended reporting period coverage for 3 ljnimum of 5 years after completion of the services, or expiratioñ or termination ót tf'e MOU, whichever first occurs; (iv) a copy of the claims reporting requirements must be subrnitted to Agency for review; and (v) these requirements shãll survive expiration ortermination of the MOU. F. BBNBTL shall have furnished Agency with the certificate(s) and applicable endorsements for ALL required insurance prior to Agency's execution of the MOU. BBNBTL shall furnish Agency with copies of the actuat pôlicies upon the request ofAgency's Rísk Manager and this requirement shall survive terminatìon or expiration of this MOU. G' lf at any time during the life of the MOU or any extension, BBNBTL fails to maintain the required insurance in full force and effect, all work under this MOU shall be discontinued imrnediately, and all payments due or that become due to BBNBTL shallbe withheld until notice is received by Agency that the required insurance has been restored to fuif force and effect and that the premiums therefore have been paid for aperiod 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 BBNBTL shall not be deemed to release or diminish the liability of BBNBTL, including, without limitation, liability under the indemnityprovísions of this MOU. The duty to indemnify Agency shall apþly to all claims and liability regardless of whether any insurance policieJ are applicaOte. tne policy limits donot act as a limitation upon the amount of indemnification to be provided by BBNBTL. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limít the liability of BBNBTL, its principals, officers, agents, employees,persons under the supervision of BBNBTL, vendors, suppliers, invìtees, consuliants, sub-consultants, silbcontractors, or anyone employed directly or indirecfly by "ny oi them. l. Upon requ_est of Agency, BBNBTL shall immediately furnish Agency with acompiete copy of . any, insurance policy required under this Agreement, including all endorsements, with said copy certified by the unden¡rriter to be ã true and correct ðopy 9f the original policy. This requirement shall survive termination or expiration of tn¡ó MOU. J. if BBNBTL should subcontract all or any portion of the services to be performed under this MOU, BBNBTL 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 -9- subcontractors' certificates and endorsements shall be on file with BBNBTL and Agencyprior to the commencement of any work by the subcontractor. 12. INDEMNIFICATION To the furthest extent allowed by law, BBNBTL shall indemnify, hold harmless and defend Agency and each of its officers, officials, emptoyeer, "genir and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs ãnd 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, BBNBTL or any othei person, and from any and all claims, demands and actions in law or equíty (including attorney's fees andlitigation expenses), arising or alleged to have arìsen direcly or indiréc1y out ofperlbrmance of this MOU. BBNBTL's obligations under the preceding sentence shall apply regardless of whether Agency or any of its officers, officials, employees, agents orvolunteers are negligent, but shall not apply to any loss, liability, fines, pðnafties, fo¡'feitures, costs or damages caused solely by the gross negligencé, or caused by thewillful misconduct, of Agency or any of its officers, officials, employees, agenis or volunteers. lf BBNBTL should subcontract all or any portion of the work to be performed under this MOU, BBNBTL 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 orinterpret any term, covenant or condition of this MOÙ, the prevailing party in suchproceeding or action shall be entitled to recover from the other partt iis 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 teims or conditions contained within any exhibit hereto which purport to modify the allocatíon of risk between the parties, pl'ovided for within the body of this MOU, s-hall 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 rãquested, with postage pre[aid, -10- addressed to the party to which notice is to be given at the party's address set forth inSection 1 of this MOU or at such other addresé as the p"riier may from time to timedesignate by written notice. 16. BINDING Sub.lect to Section 17 below, once _this MOU is signed by the parties, it shall be bindingupon, and shall inure to the benefit of, the partiès, and each party's respective heirslsuccessors, assigns, transferees, agents, servants, employees and iepresentatives. 17. ASSIGNMENT There shall be no assignment by eíther party of its rights or obligations under this MOUwithout the prior written approval of the other party. Any atteripted assignment by apañy, its successors or assigns, shali be null and vold unless approved in ùriting ny ineother party. 18. WAIVER The waiver by either pariy of a breach by the other of any provision of this MOU shallnot constitute a continuing waiver or a waiver of any subsequent breach of either thesame or a different provision of this MOU. No provìsion of inis MOU may be waived unless in writing and app_roved by and signed by all parties to this MOU. Waiver of anyone provision herein shall not be deemed to be a waiver of any provision herein. 19. GOVËRNING I.AW 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 wouldapply the law of another jurisdiction. Venue for puiposes of the filing of any action regardíng the enforcement or interpretation of this MOU and any rights and dut¡ethereunder shall be Fresno County, California, 20. HEADINGS The section headings in this MOU are for convenience and reference only and shall notbe construed or held in any way to explain, modify or add to the inierpretation ormeaning of the provisions of this MOU. 21. SEVERABILITY The provisions of this MOU are severable. The invalidity or unenforceability of any oneprovision in the Mou shall not affect the other provisions. 22. INTERPRETATION -11- The parties acknowledge that this MOU in its final form is the result of the combinedeffcrts of the parties and that, should any provision of this MOU be found to beambiguous in any way, such ambiguity shall not be resolved by construing this MOU infavor or against any party, but rather by construing the terms in accordañce with theirgenerally accepted mean ing. 23. CUTúULATIVE REMEDIES No remedy or election hereunder shall be deemed exclusive but shall, whereverpossible, 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 thespecific parties hereto as identified ín the preamble of this MOU. Notwithstanding anything stated to_the contrary in this MOU, it is not intended that any rights or interestı 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, BBNBTL shallnot employ discriminatory practices in the provision of services, employment ofpersonnel, or in any other respect on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medicãl condition, marital status, sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era. BBNBTL shall carry out applicable requírements of 4g CFR part 26 in the award and administration of contracts hereunder. Failure by BBNBTL to carry out these requirements is a material breach of this MOU, which may result in the termination ofthis 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 physicai disability (including HIV and AIDS), medical condition (cancer and 'génetic characteristics), marital status, sex (íncluding sexual harassment), sexual orientation(heterosexuality, homosexuality, and bisexuality), pregnancy 1c'hildbirth, or related medícal conditions), political affiliation/opinion, Veteranis status'or request for family medical leave. BBNBTL will not discriminate in the delivery of services or benefitä based on the previously identified situations. BBNBTL shall comply with Executive Order 11246 as amended by Executive Order 11375 and supplementeá at 41 CFR 60. C' BBNBTL will include this section in each of its subcontracts and require the same of its subcontractors. 26. ENTIRE AGREEMENT -12- It is mutually understood and agreed that the forgoing constitutes the entire agreementbgtweel the parties. Any modifications or amendments to this MOU must be'ín writingsigned by an authorized agent of each party. This MOU is subiect to receipt of Grant funds and ratificatíon by the Council of the Cityof Fresno. lil Iil -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 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, CA93721 Attachment: Exhibit A - Cost Breakdown Exhibit B - Performance Measures and Timelines Exhibit C - Grant Agreement BBNBTL, a California non-profit organization TAXPAYER FEDERAL I.D. #77-0003354 FOC: Neighborhood Watch and BBNBTL Attention: Roselyn Clark, President Fresno Police/ Neighborhood Watch 1211 Fresno Street Fresno, CA Roselyh Clark, President of Fresno Folice Department ATTEST: Yvonne Spence, CMC City Clerk, City gf Fresno Deputy -t4- EXH!BIT A. Neighborhood Watch-Bringing Broken Neighborhoods Back to Life (BBNBTL) The collaborative of Faith Based Community and service providers would facilitate outreach programs for youth in high crime, high poverty areas of Fresno. The BBNBT[- outreach efforts are conducted in distressed neighborhoods where they host community/educational events for youth anci adults. Resources are distributed to residents in need, following the event the host agency/church conducts resource follow up and provides guidance for residents. Grant funds would be used for purchase of equipment and supplies needed to conduct such events for the duration of the grant. Total cost over the three year period of the grant is $15,000 Program supplies (Paper, toner, Pens/pencils, writing materiar, printing material, flipchart pape¡-, cD discs, markers, thumb drives, binders, dividers, staples, hanging folders, etc.) @ = $4SO 1 Lap top @ = $2,000 l Printer@=$600 l Projector@=$1,500 1 Projector Screen @ = $1,800 1 Camera = @ $1,200 1 Camera Case @ = $100 lTripod=@$200 EXHIBIT A o 1 Audio & Video Recording with DVR = 92,000 o 20 Tables @$ZS each = $500 o 5 Tents -10x10 @ $t70 each = $850 o 2 Tents -10x20 @ $400 each = $800 o l Generatar@$900 o 4 Portable Heaters @ $200 each = $1700 . 2 Portable Lights @ $ZOO each = $400 STATE OF CAIIFORNIA STANDARD AGREETIIENT STD2l3 (Rev06fi)3) Exhibit c l. This Agreement is entercd ínb between the State Agensy and the Contractor named belor: STATE AGENGYS T{AIIE BOARD OF STATE AhID COMMIJMTY CORRECTIONS CITY Of,'HRESNO term of this Agreement is: Jenuery 1,2015 through Deccmber31,2015 3. The maximum amount 3500,000.00 of this Agreement is: FI\,E HLTNDRED TTTOUSAND DoLLARÍ¡ AND ÆRo cENrs 4. The parties agree to comply with he terms and conditrona of the ñllowing exhibits which are by this reference made apart of the GrantAgreement. Sec{ions f through g E*libitA- Califomia Gang Reduction, lnterrrention and Prevention (GalGRlP) Program Standard Conditions Þôibit B - CalÍfomia Gang Reduction, Interr¿enfrcn and Prevention (CalGRlP) Program General ïerms and Conditions *Ëxh¡bit C - General Terms and Conditions GTC 610 íItems dlcffm'¡iìh an Aste¡íd< O, arc hercby inærporatad by refe¡ence and mede part of flls agreemenf as if aflacll.¿d brcto.Ihæ docune* w be vücto¿d af wwlrt doqme4ß.fus.cú.eou/ols/Glc-6l0.doc i lN wrilEss urHEREoF, thls Agrê€ment hæ beofi oxecuted by ttre partlse hercto. GONTRACTOR CONTRACTOR'S MME ff dñer frad n húlvttual # ü'Æ/üÊr a æ¡Wvtþe fEflûf,'y/tip, øþ) CITY OF FRESNO BY$|d,lwtz€d .6 Jerry P. 2323 Maiposa Mall, Fresno, CA 937 2l STATE OF CALIFORNIA AOENCYNAME BOARD OF STATE Al.lD B\( (AuflþrffiSþmürê). \ ^L lÉ SlGNll'¡G WilliamJ. Crout,Direøor ADDRESS 600 BercutDrive, Sacramento, CA 95811 3 pages 6 pages f"t,:t*l Crdrîoflrta @oturroltf of Gener¡t Senrlceo tJBe Ody OFPB,SON Chief