HomeMy WebLinkAboutWest Fresno Faith Based Organization - CalGRIP - 20136
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GRANT AGREEMENT
CITY OF FRESNO, CALIFORNIA
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between the CITY OF FRESNO, a Calíforn¡a municipal corporation (hereinafter referred to as"CITY'), and THE WEST FRESNO FAITH BASED ORGANIZATION, a California nonprofit
public benefit corporation (hereinafter referred to as "coNTRAcroR').
REC¡TALS
WHEREAS, CITY submitted an application to Board State and Community Corrections
(BSCC), for $35,000, in grant funds through 2012114 California Gang Reduction, lntervention
and Prevention ("CalGRlP") Program for Cities funded by the CatCRlp lnitiative ("Program");
and
WHEREAS, the Program is generally intended to fund local collaborative efforts to
reduce gang activity through the use of evidence-based prevention, intervention and
suppression activities; and
WHEREAS, upon award of grant funds and entry by CITY into a grant agreement as
may be subject to a grant program modification ("Grant Agreement") with the State of California
consistent with the Program, CITY intends through its Police Department ('FPD') to work with
CONTRACTOR for the purpose of providing intervention and associated activities through
communíty outreach in the southwest policing district of City of Fresno, an area with highêr
levels of gang and illegal activity, to communitíes and individuals who would benefit from
violence intervention and or services; and
WHEREAS, CITY and CONTRACTOR believe that development and implementation ofthe Services, as described herein, will further the above goals and to this end agree to
coordinate and provide the Services as described herein; and
WHEREAS, performance of the Services by CONTRACTOR will be of benefit to ClTy
and the public interest.
AGREEMENT
NOW. THEREFORE, in consideration of the above recitals, which recitals are
contractual in nature, and the mutual covenants and consideration as hereby acknowledged, the
parties mutually agree as follows:
1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS
CITY:
Fresno Police Department
Lieutenant David Newton
2326 Fresno St.
Fresno, CA 93721
CONTRACTOR:
West Fresno Faith Based Organization
Booker T. Lewis, Senior Pastor, Director
1104 Collins Ave
Fresno, CA 93706
2. ROLES AND RESPONSIBILITIES
A. FPD, acting as CITY's representative, subject to all applicable constitutional and local
law requirements, shall:
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1. Act as the lead agency to administer the funds from the Grant Agreement with
regard to this AGREEMENT.
2. ldentify the neighborhoods with elevated or increased gang violence or
associated illegal activity in the southwest policing district in need of outreach,
and as needed in outlying boundaries with elevated levels or increased gang
violence or associated illegal activity.
3. Make available training in gang culture to CONTRACTOR and participants in the
Community Outreach program component of the Services.
4. Notify policing district commanders, officers and detectives of the areas being
targeted by Community Outreach program.
5. Meet once per month, or more as may be needed as determined by FPD, with
CONTRACTOR to coordinate, resolve problems, determine timetables, discuss
implementation, evaluate effectiveness and address any other issues related to
provision of Seruices by CONTRACTOR.
B. CONTRACTOR shall provide a Community Outreach program and conduct an Anti-
Violence Youth Summit (collectively "Services") during the term of this AGREEMENT. ln
this regard CONTRACTOR, acting as direct provider of the Services, shall:
1. Act as the lead agency in coordinating and ímplementing Services targeting
southwest policing district neighborhoods with elevated or increased gang
violence or associated illegal activity.2. Provide direct oversight of Community Outreach program strategy development
and implementation in the southwest policing district, and as needed in outlying
boundaries with elevated levels or increased gang violence or associated illegal
activity.
3. Work with the community and FPD to identify neighborhoods in southwest
district, or outlying areas, with increased or significant levels of gang violence or
actívity in need of outreach.4. lmplement the Community Outreach program to focus on hot spots of gang
víolence or associated illegal activity as identified by FPD.5. Provide rigorous training to all CONTRACTOR members, volunteers or other
persons participating in the Community Outreach program in areas of gang
culture, gang outreach, local resources, dress-attire, communication and safety.
Training will be made available ín community centers and locations within the
identified neighborhoods in the southwest policing district.6. Document all training of Community Outreach program members and provide
said documentation to FPD as required by this AGREEMENT.7. Require all members, volunteers or other participants in the Community Outreach
program to execute a "Release, Waiver and lndemnity Agreement" in the form
attached as Exhibit A prior to participating in the program.
8. Ensure Community Outreach program members and volunteers represent a
broad cross-section of the community, which could include reformed gang
members, community members and leadership from community-based groups.
9. Host an Anti-Violence Youth Summit on current issues affecting youth within the
area prior to December 31, 2014, and partner with "Take A Stand Committee" to
conduct the Anti-Violence Youth Summit.
10. Meet once per month, or more as FPD may determine is needed, with
FPD/MGPI (Mayor's Gang Prevention lnitiative), to coordinate CONTRACTOR's
obligations under this AGREEMENT, includíng the provision of Services, the
resolution of problems, determination of timetables, discussion of
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implementation, evaluation of effectiveness and to address any other issues
related to provision of Services by CONTRACTOR.
11. As applicable, procure all permits and licenses necessary to provide the
Services, pay all charges and fees, and give all notices necessary or incidental to
the due and lawful proceedíng of the work for the Services.
12. Ensure the CITY, BSCC, or any authorized representative, will have suitable
access to project activities, sites, staff and documents at all reasonable times
during the term of this AGREEMENT.
13. lmmediately advise CITY of any significant problems or changes that arise during
the provision of the Services.
3. REIMBURSEMENT FOR PROGRAM ACTIVITIES
A. For the aforementioned services, CITY agrees to reimburse CONTRACTOR solely from
allocated and available funds from the Grant Agreement for eligible costs incurred by
CONTRACTOR in pursuit hereof, in an amount not to exceed a total of $35,000 and in
accordance with the budget attached as Exhibit B. Reimbursement shall be contingent
on CITY's receipt of an approved invoice for eligible costs and any reports and
substantiation materials required by CITY. Reimbursement shall also be contingent
upon receipt and appropriation by CITY of funding from the Grant Agreement for the
Seruices and the availability of sufficient funds. Nothing in this AGREEMENT shall
commit the taxing authority or generalfund of CITY, and CONTRACTOR waives any
and all claims against CITY, BSCC, and the State of California for costs for the Services
that may exceed the sum specified in Exhibit B.
B. lf CONTRACTOR should fail to comply with any provision of the AGREEMENT, the City
shall be relíeved of any obligation for further reimbursement.
C. The parties may modify this AGREEMENT to increase or decrease the scope of
Services or provide for the rendition of services not required by this Agreement, which
modification shall include an adjustment to CONTRACTOR'S reimbursement. Any
change in the scope of Services or reimbursement must be made by written amendment
to the AGREEMENT signed by an authorized representatíve for each party. The Chief
of Police is authorized to execute any written amendment consistent with the terms of
this AGREEMENT for CITY upon approval as to legalform by the City Attorney's Office.
4. AGREEMENT EFFECTIVENESS, TERM AND TERMINATION
A. The term of the AGREEMENT shall begin January 1, 2013 and end December 31 ,2014.
B. Notwithstanding the foregoing, this AGREEMENT shall automatically be suspended or
terminated upon CITY's written notice to CONTRACTOR of any of the following events:
(i) termination of the Program, Grant Agreement or MGPI program; (ii) any non-
appropriation or non-allocation of funding under the Grant Agreement required for
reimbursement of Services; (i¡i) CONTRACTOR's illegal or improper use of funds,
(iv) CONTRACTOR's failure to comply with any term of this AGREEMENT or failure to
satisfactorily perform the Services; or (v) CONTRACTOR's submittal of any substantially
incorrect or incomplete itemized invoice required for reimbursement. Said suspension of
obligations or termination shall take effect immediately unless otherwise specified by
CITY.
C. CONTRACTOR may terminate this AGREEMENT upon 30 days'written notice to CITY
of any of the following events: (i) insufficient funding secured by CONTRACTOR which
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renders CONTRACTOR unable to provide Services; or (ii) CITY's non-compliance with
any term of this AGREEMENT.
5. TARGET POPULATION
City of Fresno southwest policing district neighborhoods and or outlying areas with elevated or
increased levels of gang violence or associated illegal activity.
6. RECORDKEEPING AND PERFORMANCE DATA
A. CONTRACTOR shall track and submit in writing to CITY the following data due on the
1Sth day of each month:
1. Total number of Community Outreach events.2. Location of Community Outreach events.3. Total number of Community Outreach hours.4. Total number of trained Community Outreach members or volunteers.5. Total number of Community Outreach trainings.6. Total number of service referrals/type.7. Total number of contacts performed.
8. Number of youth attended Anti-Violence Youth Summit and attendee
demographic report.L Youth-identified areas of need/support.
10. List of donated goods and/or seruices used for the Services, including the basis
for valuation.
11. Certification under the penalty of perjury the minimum, if not exact, percentage of
recycled content, both post-consumer waste and secondary waste as defined in
the Public Contract Code Section 12161 and 12200, in materials, goods or
supplies offered or products used in the performance of this AGREEMENT,
regardless whether the project meets the required recycled product percentageas defined in the Public Contract Code Section 12161 and 12200.
CONTRACTOR may certify that the product contains zero recycled content
(Public Contract Code Sections 10233, 10308.5, 103b4),
B. CONTRACTOR shafl provide any additional monthly and quarterly reports, and any
certifications and supporting documents as required by CITY, within 30 days of CITY'S
request for said reports.
7. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION
A. Monthly lnvoices: CONTRACTOR shall submit a monthly invoice to FPD for the eligible
expenses (Exhibit B) incurred in providing the Services. Billing documentation shall
ínclude the following:
1. A breakdown of expenditures by cost category; and2. Copies of all purchase orders, requisitions and or receipts.
B. Books and Records: CONTRACTOR shall maintain adequate fiscal and project books,
records, documents, and other evidence pertinent to CONTRACTOR's provision of
Services required by this AGREEMENT in accordance with generally accepted
accounting principles. Adequate supporting documentation shall be maintained in such
detail so as to permit tracing transactions from the invoices, to the accounting records, to
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the supporting documentation. These records shall be maintained for a minimum of
three (3) years after final payment or longer for any period required by the Grant
Agreement or law, and shall be subject to examination and/or audit by CITY or
designees, BSCC or designees, state government auditors or designees, or by federal
government auditors or designees. This paragraph shall survive expiration or termination
of this AGREEMENT.
C. Access to Books and Records: CONTRACIOR shall make such books, records,
supporting documentations, and other evidence available to CITY or designees, BSCC
or designees, the Department of General Services, the Department of Finance, the
Bureau of State Audits, and their designated representatives during the course of the
provision of Services and for a minimum of three (3) years after final payment or longer if
required by the Grant Agreement. CONTRACTOR shall provide suitable facilities for
access, monitoríng, inspectíon and copying of books and records related to the grant-
funded Services. This paragraph shall survive expiration or termination of this
AGREEMENT.
D. ln the event of termination, copies of all books, records, documents, and other evidence
pertinent to CONTRACTOR's provision of Services required by this AGREEMENT
collected or prepared by CONTRACTOR, or in the possession of CONTRACTOR's
agents, shall be immediately provided to CITY by CONTRACTOR unless othenrvise
specified by law.
8. COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT
A. CONTRACTOR shall at all times comply with all applicable laws of the United States,
the State of California and CITY, 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 AGREEMENT.
CONTRACTOR acknowledges receipt of a copy of the Grant Agreement and agrees to
comply with all applicable provisions thereof and cooperate wíth CITY in meeting the
req uirements thereunder.
B. As applicable, costs and expenditures must be aflowable in accordance with
OMB Circular A-87, Cost principles for state, local and Indian Tribal Governments.
Funds provided by the Grant Agreement are subject to the Single Audit Act
Amendments of 1996 and the OMB Circular, A-133, Audits of sfafes, local governments
a n d no n- profit org an izations.
C. The services provided by CONTRACTOR under this AGREEMENT are in addition to
CONTRACTOR's budgeted positions. The parties agree that funds from the Grant
Agreement shall not be used to replace funds of, or positions otherwise funded by,
CONTRACTOR.
D. By signing this AGREEMENT, CONTRACTOR certifies under penalty of perjury under
the laws of the State of California that (i) CONTRACTOR will comply with the Drug-Free
Workplace Act of 1990 (California Government Code sections 8350-8357); and (ii)
CONTRACTOR is not listed on any federal or state list of individuals or organization
debarred from receíving a contract or grant, or having its contract or grant cancelled due
to failure to comply with respective contract or grant provisions. CONTRACTOR shall
complete and submit to CITY all applicable forms required by the Grant Agreement.
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E. During the performance of this AGREEMENT, CONTRACTOR and its subcontractors
shall comply with all Federal and State Statues relating to non-discrimination, including
by not limited to prohibitions against discrimination on the basis of sex, race, color,
ancestry, religious creed, national origin, physical disability (including HIV and AIDS),
mental disabílity, medical condition, age or marital status.
9. CAPACITY OF AGENCY AND CONTRACTOR
A. ln the furnishing of the Services provided for herein, CONTRACTOR is acting solely as
an independent contractor. Neither CONTRACTOR, nor any of its officers, agents or
employees shall be deemed an officer, agent, employee, joint venturer, partner or
associate of CITY for any purpose. CITY shall have no right to control or supervise or
direct the manner or method by which CONTRACTOR shall perform its work and
functions. However, CITY shall retain the right to administer this AGREEMENT so as to
verify that CONTRACTOR is performing its obligations in accordance with the terms and
conditions thereof.
B. This AGREEMENT does not evidence a partnership or joint venture between
CONTRACTOR and CITY. CONTRACTOR shall have no authority to bind CITY absent
CITY's express written consent. Except to the extent othen¡rise províded in this
AGREEMENT, CONTRACTOR shall bear its own costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, CONTRACTOR and its officers,
agents and employees shall have absolutely no right to employment rights and benefits
available to CITY employees. CONTRACTOR 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 AGREEMENT, CONTRACTOR
shall be solely responsible, indemnify, defend and save CITY harmless from all matters
relating to employment and tax withholding for and payment of CONTRACTOR'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 CITY employment benefíts,
entitlements, programs and/or funds offered employees of CITY whether arising by
reason of any common law, de facto, leased, or co- employee rights or other theory.
These obligations are in addition to any other obligations CONTRATOR has under this
AGREEMENT.
D. lt is acknowledged that during the term of this AGREEMENT, CONTRACTOR may be
providing seryices to others unrelated to CITY or required by this AGREEMENT.
10. INSURANCE
Throughout the life of this AGREEMENT, CONTRACTOR 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 Calífornia 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) authorizedby City's Risk
Management Division. 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 ínjury", "property damage" and "personal and advertising injury",
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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.
(i¡) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at least as
broad as the most current version of lnsurance Seruices 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 and property damage.
(¡ii) WORKERS' COMPENSATION insurance as required under the California Labor
Code.
(iv) EMPLOYERS' LIABILITY insurance (if CONTRACTOR has employee(s) or at
such time as he/she employs such person(s) during the life of this Agreement)
with minimum limits of $1,000,000 each accident, $1,000,000 disease policy
limit and $1,000,000 disease each employee.
Defense costs shall be provided as an additional benefit and not included within the above limits
of liability. CONTRACTOR shall be responsible for payment of any deductibles contained in
any insurance policies required hereunder and CONTRACTOR shall also be responsible for
payment of any self-insured retentíons.
The above described policies of insurance shall be endorsed to provide an unrestricted
30 calendar day written notice in favor of CITY 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, CONTRACTOR shall provide a new certificate evidencing renewal of such policy
not less than l5 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, CONTRACTOR
shall file with CITY a new certificate and all applicable endorsements for such policy(ies).
The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form and shall name CITY and each of their officers, officials, agents, employees
and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so
CONTRACTOR's insurance shall be primary and no contribution shall be required of CITY. Any
Workers' Compensation insurance policy shall contain a waiver of subrogatíon as to CITY and
each of their officers, officials, employees, agents and volunteers. CONTRACTOR shall have
furnished CITY with the certificate(s) and applicable endorsements for ALL required insurance
prior to CITY execution of the AGREEMENT. CONTRACTOR shall furnish City with copies of
the actual policies upon the request of CITY's Risk Manager and this requirement shall survive
termination or expiration of this Agreement.
The fact that insurance is obtained by CONTRACTOR shall not be deemed to release or
diminish the liability of CONTRACTOR, including, without limitation, líability under the indemnity
provisions of this AGREEMENT. The duty to indemnify CITY 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 AGREEMENT of indemnification to be provided by CONTRACTOR.
Approval or purchase of any insurance contracts or policies shall in no way relieve from liability
nor limit the liability of CONTRACTOR, its officers, officials, employees, agents, persons under
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the supervision of CONSULTANT, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
lf at any time during the life of the AGREEMENT or any extension, CONTRACTOR fails to
maíntain the required insurance in full force and effect, all work under this AGREEMENT shall
be discontinued immediately, and all payments due or that become due to CONTRACTOR shall
be withheld until notice is received by CITY 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
CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to
terminate this AGREEM ENT.
lf CONTRACTOR should subcontract all or any portion of the services to be performed under
this AGREEMENT, CONTRACTOR shall require each subcontractor to provide insurance
protection in favor of CITY and each of their offícers, officials, employees, agents and volunteers
in accordance with the terms of each of the preceding paragraphs, except that the
subcontractors' certíficates and endorsements shall be on file with CONTRACTOR and City
prior to the commencement of any work by the subcontractor.
1I. INDEMNIFICATION
CONTRACTOR shall indemnify, hold harmless and defend CITY and each of its officers,
officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not
limited to personal injury, death at any tíme, malpractice and properly damage) incurred by
CITY, CONTRACTOR or any other person, and from any and all claims, demands and actions
in law or equíty (including attorney's fees and litigation expenses), arising or alleged to arise
directly or indirectly from the negligent or intentional acts or omissions of CONTRACTOR or any
of its officers, officials, employees, agents or volunteers in the peformance of this
AGREEMENT.
CONTRACTOR agrees that this AGREEMENT shall in no way act to abrogate or waive any
immunities available to CITY under the Government Claims Act of the State of California.
lf CONTRACTOR should subcontract all or any portion of the services to be performed under
thís AGREEMENT, CONTRACTOR shall require each subcontractor to indemnify, hold
harmless and defend CITY and each of their officers, officials, employees, agents and
volunteers in accordance with the terms of the preceding paragraphs.
This section shall survive termination or expiration of this AGREEMENT.
12. 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 AGREEMENT, 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. For the purposes of this AGREEMENT, "attorney's fees" and "legal expenses"
include, without limitation, paralegals' fees and expenses, attorneys, consultants fees and
expenses, expert witness fees and expenses, and all other expenses incurred by the prevailing
party's attorneys in the course of the representation of the prevailing party in anticipation of
andlor during the course of litigation, whether or not otherwise recoverable as "attorneys' fees"
or as "costs" under California law, and the same may be sought and awarded in accordance
with California procedure as pertaining to an award of contractual attorneys' fees.
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13, PRECEDENCE OF DOCUMENTS
ln the event of any conflict between the body of this AGREEMENT and any exhibit hereto, the
terms and conditions of the body of this AGREEMENT shall control and take precedence over
terms and conditions expressed within the exhibit; except for the terms of the Grant Agreement,
which is expressly incorporated into this AGREEMENT by reference, and shall control and take
precedence over any conflicting term or condition in the body of this AGREEMENT or exhibit
hereto. 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
AGREEMENT, shall be null and void.
14. NOTICES
Any notice required or intended to be given to either party under the terms of this AGREEMENT
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 AGREEMENT or
at such other address as the parties may from time to time designate by written notice.
15. BINDING
Subject to Section 18 below, once this AGREEMENT 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.
16. ASSIGNMENT
There shall be no assignment by either party of its rights or obligations under this AGREEMENT
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.
17. WAIVER
The waiver by either party of a breach by the other of any provision of this AGREEMENT shall
not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this AGREEMENT. No provisions of this AGREEMENT may be waived
unless in writing and approved by and signed by all parties to this AGREEMENT. Waiver of any
one provision herein shall not be deemed to be a waiver of any provision herein.
18. GOVERNING LAW AND VENUE
This AGREEMENT 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 jurisdíction. Venue for purposes of the filing of any action regarding the
enforcement or interpretation of this AGREEMENT and any rights and duties hereunder shall be
Fresno County, California.
19. HEADINGS
The section headings in this AGREEMENT 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 AGREEMENT.
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20. SEVERABILITY
The provisions of this AGREEMENT are severable. The invalidity or unenforceability of any one
provision in the AGREEMENT shall not affect the other provisions.
21. INTERPRETATION
Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed
without reference to the identity of the party or parties preparing this AGREEMENT, on the
express understanding and agreement the Parties participated equally in the negotiation and
preparation of the AGREEMENT, or have had equal opportunity to do so. Accordingly, the
parties hereby waive the benefit of California Civil Code $1654 and any successor or amended
statute, providing that in cases of uncertainty, language of a contract should be interpreted most
strongly against the party who caused the uncertainty to exist.
22. CUMULATIVE REMED I ES
CITY may enforce this AGREEMENT in any manner available at law or in equity. Except as
provided by Paragraph 12 entitled "Attorney's Fees and Legal Expenses," in no event shall
CITY, or ité officeis, agents or employees, be liable in damages for any breach or violation of
this AGREEMENT, it being expressly understood and agreed CONTRACTOR's sole legal
remedy for breach or violation of this AGREEMENT by CITY shall be a legal action in
mandamus, specific performance or other injunctive or declaratory relief to enforce the
provisions of this AGREEMENT.
23. NO THIRD PARTY BENEFICIARIES
The rights, interests, duties and obligations defined within this AGREEMENT are intended for
the spécific parties hereto as identified in the preamble of this AGREEMENT. Notwithstanding
anything stated to the contrary in this AGREEMENT, ¡t is not intended that any rights or
interests in this AGREEMENT benefit or flow to the interest of any third parties.
24. ENTIRE AGREEMENT
It is mutually understood and agreed that the forgoing constitutes the entire AGREEMENT
between the parties. Any modifications or amendments to this AGREEMENT must be in writing
signed by an authorized agent of each party.
THIS AGREEMENT
'S
SUBJECT TO RATIFICATION BY COUNCIL ACTION.
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lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno, California,
effective the day and year first above written.
CITY OF FRESNO,
a California municipal corporation
WEST FRESNO FAITH BASED ORGANIZATION
a California non-profit
By:
Booker Lewis, President
ATTEST:
WONNE SPENCE, CMC
City Clerk
Chief Financial Officer
By: 3
Addresses:
CITY:
Fresno Police Department
Attention: Jerry Dyer,
Chief of Police
2323 Mariposa Mall
Fresno, CA.93721
CONTRACTOR:
West Fresno Faith Based Organization
Attention: Rev. Booker T. Lewis,
President
1104 Collins Ave
Fresno, CA. 93706
Attachment:
Exhibit A - Release, Waiver and lndemnity Agreement
Exhibit B - Cost Breakdown
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorne
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EXHIBIT A
RELEASE, WAIVER AND INDEMNITY AGREEMENT
participant acknowledges the Community Outreach Program ("Program") is provided, controlled
and administered Oy añO through The Wóst Fresno Faith Based Organization and not the City of
Fresno (City). Participant agrees to release, indemnify, hold harmless and defend City and its
officers, officials, agents, employees and volunteers from and against any and all loss, liability,
costs and damagãs (whether in contract, tort or strict liability, includ_in9 lut not limited to
personal injury, dèath'at any time and property damage) incurred by City, Participant or any
äth"r p"rrón,-and from any and all claims, d imands and actions in law or equity (including
attornèy's fees and litigation expenses), arising or alleged to have arisen directly or indirectly out
of participant's partici[ation in ihe Program. Þ qRrlclpnNT AGREES TO ASSUME THE RISK
oF PERSoNAL IÑJURY, PRoPERTY DAMAGE AND/OR WRONGFUL DEATH TO
HIMSELF/HERSELF WHILE PARTICIPATING IN THE PROGRAM AND HE/SHE DOES
HEREBY VOLUNTARILY RELEASE THE CITY AND ITS OFFICERS, OFFICIALS,
EMPLOYEES, AGENTS AND VOLUNTEERS FROM, AND DOES WAIVE ANY RIGHT OF
ACTION OR CLAIM FOR, ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE
AND/OR WRONGFUL DEATH CAUSED BY THEIR NEGLIGENCE.
participant agrees this Release, Waiver and lndemnity Agreement ("Ag.1eement") shall be
binding uponlis/her heirs, executors, administrators and assigns. City shall be reimbursed for
all costs and attorney's fees incurred by City in enforcing this Agreement. This Agreement shall
survive Participant's participation in the Night Watch Outreach Program.
participant acknowledges that he/she: (i) has read and fully understands the content of this
Agreement; (ii) is aware that this is a release of liability and a contract that is enforceable by the
Ci-ty; (iii) has' been fully and completely advised of the potential dangers incidental to
participaiing in the Progiam; (iv) has had the opportunity to consult with his/her attorney, in
i-t¡s/trer discietion; and (v) is fulty aware of the legal consequences of signing this Agreement.
Participant
Printed Name:
Date:
Address:
Signature of Participant's ParenUGuardian (lf Participant is a Minor)
Printed Name:
Date:
Address:
Home Telephone No.:
Page 12 of 13
Exhibit B
Cost Breakdown of Community Outreach/ Anti-Violence Youth Summit (Services) by
West Fresno Faith Based Organization
(Effective January 1,2013- December 31,20141
BUDGET
Coordinator Stipend x $200 monthly x 24 months = $4,800
Trainers/Facilitators @ $gSO each x 12 trainings - $4,200
Facility Fee @ $200 each x 12 trainings = $2,400
Training Supplies (flip chart paper, paper, pens, folders) = $2,080
40 Uniforms @ $t00 each (T-shirts, headgear, jackets, vests) - $4,000
Outreach Supplies (Flashlights, pens, notepads, busíness cards) - $2,000
GBO Travel:
Per Diem $40 per day x 4 trainings x 2 days x 6 people = $1,920
Registrations x $30 each x 4 trainings x 6 people = $720
Hotel $100 per nightx4trainings x 1 nights x6 people = $2,400
Vehicle Rental @ $6Oper day x 2 daysx 4 trainings - $480
Anti-Violence Youth Summit:
Facility Fee = ln-Kind
Event Printing (Event Flyers/Posters, Registration Material) = $3,000
Event Office Supplies (tote bags, t-shirts, Laniers, folders, pens, notepads, labels, easels, paper)
- $2,500
Event Speakers 6 @ $SOO each = $3,000
Audio Equipment Rental (microphones, audio tech, amplifiers) = $1,500
Total Cost for the Duration of this AGREEMENT $35,000
Page 13 of 13
Rev. Booker T. Lewis ll
- President
Rev. Paul McCoy
- Vice President
Rev. Bruce E. McAlister
- Chief Financial Officer
Rev. Rufus Fruge -
Secretary
Dr. Sudarshan Kapoor
Rev. Kenneth Smiley-
President Emeritus
Dr. Kelvin Morgan
Pastor Jeff Wheeler
west Fresno Faltn based Lrrganlzaüon, lnc.
Taith ln Action'
A California Non-Profit Public Benefit Corporrttion
To Whom It May Concern:
The West Fresno Faith Based Organizatton (FBO) recognizes the rich diversity of
Fresno's ethnic and religious community. We envision a faith community collaborating
to act on the divine call to assist the West Fresno Community by developing and
operating programs in partnership with others to promote economic and social justice.
To advance the health, social, and economic development of West Fresno
neighborhoods through dialogue, collaboration and joint action between people of faith
and the community to improve socio-economic conditions.
We, the Executive Board of the West Fresno Faith Base Organzation, by signing this
letter authorize our President, Pastor Booker T. Lewis II to act as our signature in all
areas of business and in any contractual obligations.
"To advance the heatth, social, and economic devetopment of West Fresno Neighborhoods through dialogue, advocacy,
collaboration and join action between people of faith and the community to improve socio+conomic condittons"
s/14/2013
Rev. Booker T. Lewis ll, President WFFBO
Paul McCoy, Vice President
Pastor Bruce McAlister, Chief Financial Officer
Fruge, Secretary