HomeMy WebLinkAboutCalifornia State University Fresno - MOU - 5-1-2021MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU), effective as of May 1, 2021 as provided
hereunder, is entered into by and between the CITY OF FRESNO, a California municipal
corporation (Agency), and California State University, Fresno, Foundation, a California nonprofit
organization (CSUFF).
RECITALS
WHEREAS, Agency has submitted an application to the State of California Board of State and
Community Corrections (BSCC) for $1,958,057 in grant funds through the Proposition 64 Public
Health and Safety Cohort 2 (Prop 64) grant program (Program), incorporated by reference
herein, funded by the State of California, 2020-2021 State Budget Act;
WHEREAS, the Program is intended to fund projects that assist with law enforcement efforts,
fire protection efforts, or other local projects addressing public health and safety associated with
the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA);
WHEREAS, upon award of grant funds and entry by Agency into a grant agreement with BSCC
(Grant) consistent with the Program, Agency intends through its Police Department (FPD) to
work in partnership with CSUFF for the purpose of a Local Evaluation Plan; and
WHEREAS, Agency and CSUFF 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:
PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS
Agency:
Fresno Police Department
Support Division
Mindy Casto, Deputy Chief
2323 Mariposa Mall
Fresno, CA 93721
AGENCY:
California State University Fresno, Foundation
Linda Christian
4910 N. Chestnut Ave.
Fresno, CA 93726-1852
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2. ROLES AND RESPONSIBILITIES
A. FPD, acting as Agency's representative, subject to all applicable constitutional and local
law requirements, shall;
1. Act as the lead agency to administer the funds from the Grant Agreement with regard
to the Prop 64 grant program for a collaborative approach that effectively targets
youth development/youth prevention and intervention programs.
2. Assist CSUFF as needed with accessing project related information and/or data
needed to adequately evaluate project objectives, practices, and strategies.
3. Will make available certain police databases (e.g. calls for service and crime incident
reports) and GIS, the change in the level of crime in target and surrounding
neighborhoods, partner agencies performance measurements, access to VICS
participant database to further support the efforts of CSUFF in their development of a
Local Evaluation Plan.
4. Meet once per month, or more as determined by FPD, with CSUFF to coordinate,
resolve problems, determine timetables, discuss implementation and strategies, and
address any other issues related to provision of Services by CSUFF.
B. Through the Prop 64 grant program, CSUFF will have direct oversight of the Program
Evaluation and Data Collection Plan, and will conduct a local evaluation and data analysis for
the grant funded Project during the term of this MOU. In this regard CSUFF, acting as direct
provider of the services, shall:
1. Act as the lead agency in coordinating and implementing the Program evaluating
grant funded projects.
2. Document all meetings, interviews and studies, and provide said documentation to
FPD as required by this MOU and by the Grant Agreement.
3. Provide an integrated team of criminology professors and graduate student
assistants in a research -led planning and data -driven evaluation of local gang
intervention programs.
4. Evaluate each program to ensure the Program is being implemented according to its
original plan and is serving the needs of the community and target populations.
C. Staff of the FPD Street Violence Bureau will coordinate directly with CSUFF to discuss
strategies, timetables and implementation of services to meet goals and objectives of the Prop
64 grant program.
3. REIMBURSEMENT FOR PROGRAM ACTIVITIES
A. For the aforementioned services, Agency agrees to reimburse CSUFF solely from
allocated and available Program Grant funds for eligible costs incurred by CSUFF in pursuit
hereof, in an amount not to exceed $15,000 of the grant, 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.
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C. Payment shall be contingent on Agency's receipt of an undisputed invoice and any
reports and substantiation materials required by Agency.
D. If CSUFF 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 May 1, 2021 and ending April 30, 2024. CSUFF
acknowledges and agrees that continued funding is dependent upon satisfactory performance
by CSUFF and availability of State funding.
B. Subject to the foregoing, the term of the MOU is for a 36-month project period Program
commencing May 1 2021 and ending April 30, 2024; however, an additional six months (May 1,
2024 — October 31, 2024) will be included in the term of the contract for the sole purposes of
finalizing and submitting a required Final Local Evaluation Report, and finalizing and submitting
a required financial audit. The total contract term will be May 1, 2021 — October 31, 2024. The
performance period for the Local Project Evaluation is May 1, 2021 through June 30, 2021, with
the local evaluation being completed and all costs submitted no later than August 1, 2021; and
the final program evaluation of all years to be completed no later than October 31, 2024; and
the final invoice due no later than December 15, 2024.
C. Notwithstanding the foregoing, this MOU shall automatically be suspended or terminated
upon Agency's written notice thereof to CSUFF 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) CSUFF's illegal or improper use of funds, (iv) CSUFF's failure to
comply with any term of this MOU, (v) CSUFF's submittal of any substantially incorrect or
incomplete itemized invoice required for reimbursement, (vi) CSUFF's failure to comply with
grant guidelines in the BSCC Recipient Handbook, or (vii) CSUFF's failure to comply with any
applicable provisions of the Grant.
5. TARGET POPULATION
Services provided under this program shall be directed to Participants residing in the Cities of
Fresno and Mendota who would benefit from the youth development/youth prevention and
intervention aspect of the program to reduce specific risk factors for youth substance use and
addiction; thereby promoting healthy behaviors and environments.
6. RESOURCES
A. FPD will provide:
• Street Violence Bureau and Grant Management Unit staff to provide oversight
and resources to CSUFF relating to this Program and serve as a liaison to the
BSCC for programmatic and budgetary issues;
• Access to Certain Police Databases, e.g. service calls and crime incident reports,
as needed, for the local evaluation and survey.
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B. CSUFF will provide:
• One Criminology Professor;
• Graduate Student hourly wages to provide assistance to the professors to
document and conduct research for the data collection and evaluation;
• Tools essential to conduct a survey and/or evaluation to compile project data to
assess effectiveness of project goal.
7. RECORDKEEPING AND PERFORMANCE DATA
A. CSUFF shall submit in writing a Local Evaluation Plan for BSCC by August 1, 2021 and
a final Local Evaluation by October 31, 2024, as attached in Exhibit B, both of which shall
include the following:
1. Documentation of activities to be carried out by grant funded projects.
2. Description of the research design being used in the evaluation conduct (process
evaluation) of projects.
3. Evaluation of project's effectiveness (outcome evaluation), and whether it worked
in terms of achieving project goals.
4. Description of process evaluation documenting the fact that all activities
described in proposal actually occurred.
5. Recommendations for project adjustments, improving effectiveness,
management, and how services impact individuals/target area(s).
6. Local evaluation shall be in a narrative and logical model format.
7. List of donated goods and/or services used for the Services, including the basis
for valuation.
8. 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
Public Contract Code sections 12161 and 12200, in materials, goods or supplies
offered or products used in the performance of this agreement, regardless of
whether the project meets the required recycled product percentage as defined in
the Public Contract Code sections 12161 and 12200. CSUFF may certify that
the product contains zero recycled content (Public Contract Code sections
10233, 10308.5, 10354).
9. 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. CSUFF shall provide any quarterly reports, and any certifications as required by Agency,
as attached in Exhibit B.
FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION
A. CSUFF shall submit, at a minimum, a quarterly 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. Time sheet documentation for grant funded staff position.
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B. CSUFF shall maintain accurate, complete, orderly and separate records for the Program
and funding separately from all other funds, including any United States Department of Justice
("DOX) award funds awarded for the same or similar purposes or programs. CSUFF 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 CSUFF
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 Inspector General,
and its representatives, and the Government Accountability Office ("GAO")), and any of their
authorized representatives upon request during regular business hours throughout the life of
this MOU and for a period of three years after final payment or, if longer, for any period required
by law or the Grant. In addition, all books, documents, papers, and records of CSUFF
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. CSUFF also understands and agrees that Agency, BSCC, DOJ and/or the GAO are
authorized to interview any officer or employee of CSUFF regarding transactions related to this
MOU.
COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT
A. CSUFF 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. CSUFF acknowledges receipt of a
copy of the Grant Agreement, a copy of which is attached hereto as Exhibit C and the terms of
which are incorporated by reference herein. CSUFFs agrees to comply with all applicable
provisions thereof (including, without limitation, the Proposition 64 Public Health and Safety
Grant Program Cohort 2 Guidelines and the BSCC Grant Administration Guide), and cooperate
with Agency in meeting the requirements thereunder.
B. The services provided by CSUFF under this MOU are over and above CSUFF's
budgeted positions. The parties agree that Grant funds shall not be used to replace funds of, or
positions otherwise funded by, CSUFF.
C. As applicable, costs and expenditures must be allowable in accordance with OMB 2
CFR Part 200, Subpart F; federal and state laws, rules and regulations, the terms of the
program and the CalOES Subrecipient Handbook.
D. CSUFF shall allow access to Agency, BSCC and any of their representatives for any
onsite assessments.
E. By signing this MOU, CSUFF 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) CSUFF will
adhere to Federal Executive Order 12549, Debarment and Suspension; and (iii) neither CSUFF,
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
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agency. CSUFF shall complete and submit to Agency all applicable forms required by the Grant
Agreement.
F. Drug -Free Workplace Certification: CSUFF shall comply with the DrugFree Workplace
Act of 1990 ("the Act"), California Government Code Sections 8350-8357, the Federal Drug -
Free Workplace Act of 1988 (41 USC 701), and the requirements of Federal law as
implemented in 28 CFR Part 67, Subpart F, Sections 615 and 620. CSUFF 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, CSUFF certifies under penalty of perjury under the laws of the State of California
compliance with Government Code Section 8355 in matters relating to providing a drug -free
workplace, and that CSUFF 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 Section 8355(a).
(b) Establish a Drug -Free Awareness Program as required by Government Code
Section 8355(b), to inform employees about all of the following:
(i) The dangers of drug abuse in the workplace,
(ii) The person's or organization's policy of maintaining a drug -free workplace,
(iii) Any available counseling, rehabilitation and employee assistance
programs, and
(iv) Penalties that may be imposed upon employees for drug abuse
violations.
(c) Provide as required by Government Code Section 8355(c), that every
employee who works on the proposed MOU:
(i) Will receive a copy of the company's drug -free policy statement, and
(ii) 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 CSUFF under the MOU are
considered "work made for hire" as defined under Title 17 USC Section 101, and shall include
but is not limited to, publications, original computer programs, writings, sound recordings,
pictorial reproductions, drawings or other geographical representations and works of any similar
nature. With regard to any "work made for hire," BSCC owns all rights comprised in the
copyright, and therefore BSCC reserves a royalty -free, nonexclusive and irrevocable license to
reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so.
If 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, CSUFF must refer the discovery or invention to
BSCC. Determination of rights to inventions or discoveries shall be made by BSCC, or its duly
authorized representative, who shall have the sole and exclusive power to determine whether or
not and where a patent application should be filed, and to determine the disposition of all rights
to such inventions or discoveries, including title to and license rights under any patent
application or patent which may be issued. In all cases, BSCC shall acquire at least an
irrevocable, nonexclusive, and royalty -free license to practice and have practiced anywhere
without limitation, for governmental purposes, any invention made with BSCC grant funds.
10. CAPACITY OF AGENCY AND CSUFF
A. In the furnishing of the services provided for herein, CSUFF is acting solely as an
independent contractor. Neither CSUFF, nor any of its officers, agents or employees shall be
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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 CSUFF shall perform its work and functions. However, Agency shall retain the right to
administer this MOU so as to verify that CSUFF is performing its obligations in accordance with
the terms and conditions thereof.
B. This MOU does not evidence a partnership or joint venture between CSUFF and
Agency. CSUFF shall have no authority to bind Agency absent Agency's express written
consent. Except to the extent otherwise provided in this MOU, CSUFF shall bear its own costs
and expenses in pursuit thereof.
C. Because of its status as an independent contractor, CSUFF and its officers, agents and
employees shall have absolutely no right to employment rights and benefits available to Agency
employees. CSUFF 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. In addition, together with its other obligations under this
MOU, CSUFF shall be solely responsible, indemnify, defend and save Agency harmless from all
matters relating to employment and tax withholding for and payment of CSUFF'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. It is acknowledged that during the term of this MOU, CSUFF may be
providing services to others unrelated to Agency or to this MOU.
11. INSURANCE
A. Throughout the life of this MOU, CSUFF 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 Insurance Commissioner to do business in the State of California and rated not
less than "A- VI" in Best's Insurance 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 Insurance Services Office (ISO) form CG 00 01 and shall
include insurance for "bodily injury", "property damage" and "personal and
advertising injury", including premises and operation, products and
completed operations and contractual liability (including, without
limitation, indemnity obligations under the Agreement) with limits of
liability of not less than $1,000,000 per occurrence and $2,000,000
general aggregate for bodily injury and property damage, $1,000,000 per
occurrence for personal and advertising injury and $2,000,000 aggregate
for products and completed operations.
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at
least as broad as the most current version of Insurance Services Office
(ISO) 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.
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(iii) 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.
(iv) 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 limits of liability. CSUFF shall be responsible for payment of any deductibles contained in
any insurance policies required hereunder and CSUFF shall also be responsible for payment of
any self -insured retentions.
C. The above described policies of insurance shall be endorsed to provide an unrestricted
30 calendar day written notice in favor of Agency of policy cancellation of coverage, except for
the Workers' Compensation policy which shall provide a 10 calendar day written notice of such
cancellation of coverage. In the event any policies are due to expire during the term of this
Agreement, CSUFF 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, CSUFF 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
CSUFF's insurance shall be primary and no contribution shall be required of Agency. Any
Workers' Compensation insurance policy shall contain a waiver of subrogation as to Agency, its
officers, officials, agents, employees and volunteers.
E. In 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 CSUFF; (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, CSUFF 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. CSUFF shall have furnished Agency with the certificate(s) and applicable endorsements
for ALL required insurance prior to Agency's execution of the MOU. CSUFF 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. If at any time during the life of the MOU or any extension, CSUFF 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 CSUFF shall be withheld until notice
is received by Agency that the required insurance has been restored to full force and effect and
that the premiums therefore have been paid for a period satisfactory to Agency. Any failure to
maintain the required insurance shall be sufficient cause for Agency to terminate this MOU.
H. The fact that insurance is obtained by CSUFF shall not be deemed to release or
diminish the liability of CSUFF, including, without limitation, liability under the indemnity
provisions of this MOU. The duty to indemnify Agency shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as a
limitation upon the amount of indemnification to be provided by CSUFF. Approval or purchase
of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of
CSUFF, its principals, officers, agents, employees, persons under the supervision of CSUFF,
vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed
directly or indirectly by any of them.
I. Upon request of Agency, CSUFF shall immediately furnish Agency with a complete copy
of any insurance policy required under this Agreement, including all endorsements, with said
copy certified by the underwriter to be a true and correct copy of the original policy. This
requirement shall survive termination or expiration of this MOU.
J. If CSUFF should subcontract all or any portion of the services to be performed under this
MOU, CSUFF 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 CSUFF and Agency prior to the commencement of any work
by the subcontractor.
12. INDEMNIFICATION
A. To the furthest extent allowed by law, CSUFF shall indemnify, hold harmless and defend
Agency and each of its officers, officials, employees, agents and volunteers from any and all
loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict
liability, including but not limited to personal injury, death at any time and property damage)
incurred by Agency, CSUFF 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. CSUFF's obligations under
the preceding sentence shall apply regardless of whether Agency or any of its officers, officials,
employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused solely by the gross negligence, or caused by
the willful misconduct, of Agency or any of its officers, officials, employees, agents or
volunteers.
B. If CSUFF should subcontract all or any portion of the work to be performed under this
MOU, CSUFF shall require each subcontractor to indemnify, hold harmless and defend Agency
and each of its officers, officials, employees, agents and volunteers in accordance with the
terms of the preceding paragraph.
C. This section shall survive termination or expiration of this MOU
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13. ATTORNEY'S FEES AND LEGAL EXPENSES
If 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
In the event of any conflict between the body of this MOU and any exhibit hereto, the terms and
conditions of the body of this MOU shall control and take precedence over terms and conditions
expressed within the exhibit. Furthermore, any terms or conditions contained within any exhibit
hereto which purport to modify the allocation of risk between the parties, provided for within the
body of this MOU, shall be null and void.
15. NOTICES
Any notice required or intended to be given to either party under the terms of this MOU shall be
in writing and shall be deemed to be duly given if delivered personally or deposited into the
United States mail, return receipt requested, with postage prepaid, addressed to the party to
which notice is to be given at the party's address set forth in Section 1 of this MOU or at such
other address as the parties may from time to time designate by written notice.
16. BINDING
Subject to Section 17 below, once this MOU is signed by the parties, it shall be binding upon,
and shall inure to the benefit of, the parties, and each party's respective heirs, successors,
assigns, transferees, agents, servants, employees and representatives.
17. ASSIGNMENT
There shall be no assignment by either party of its rights or obligations under this MOU without
the prior written approval of the other party. Any attempted assignment by a party, its
successors or assigns, shall be null and void unless approved in writing by the other party.
18. WAIVER
The waiver by either party of a breach by the other of any provision of this MOU shall not
constitute a continuing waiver or a waiver of any subsequent breach of either the same or a
different provision of this MOU. No provision of this MOU may be waived unless in writing and
approved by and signed by all 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.
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20. HEADINGS
The section headings in this MOU are
construed or held in any way to explain,
provisions of this MOU.
21. SEVERABILITY
for convenience and reference only and shall not be
modify or add to the interpretation or meaning of the
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, CSUFF shall not
employ discriminatory practices in the provision of services, employment of personnel, or in any
other respect on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex, age, sexual orientation,
ethnicity, status as a disabled veteran or veteran of the Vietnam era. CSUFF shall carry out
applicable requirements of 49 CFR part 26 in the award and administration of contracts
hereunder. Failure by CSUFF 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. It 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
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or request for family medical leave. CSUFF will not discriminate in the delivery of services or
benefits based on the previously identified situations. CSUFF shall comply with Executive
Order 11246 as amended by Executive Order 11375 and supplemented at 41 CFR 60.
C. CSUFF will include this section in each of its subcontracts and require the same of its
subcontractors.
26. ENTIRE AGREEMENT
It is mutually understood and agreed that the forgoing constitutes the entire agreement between
the parties. Any modifications or amendments to this MOU must be in writing signed by an
authorized agent of each party.
This MOU is subject to receipt of Grant funds and ratification by the Council of the City of
Fresno.
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IN WITNESS THEREOF, the parties have executed this MOU at Fresno, California on the
day and year first above written.
CITY OF FRESNO,
A California-rfflniQ4
BY:
Balderrama, Chief of Police
of Fresno Police Department
ATTEST:
Todd Stermer
City Clerk, City of Fresno
BY: a�,3
Date
APPROVED AS TO FORM:
Andrew Janz
City Attorney, City of Fresno
BY: *4v'v�-S
Pauline Brickey 1 V Date
Deputy City Attorney
Addresses:
CITY:
Fresno Police Department
Attention: Paco Balderrama
Chief of Police
2323 Mariposa Mall
Fresno, CA 93721
CSUFF,
a California non-profit organization
BY: f/ "
Joy J. Goto, D., Inter Dean
Division of Research and Graduate Studies
TAXPAYER FEDERAL I.D. #94-6003272
Deborah S. Adishian-Astone,
Executive Director
California State University, Fresno
Foundation
CSUFF:
California State University Fresno, Foundation
Attention: Deborah S. Adishian-Astone
Executive Director
4910 N. Chestnut Ave.
Fresno, CA 93726-1852
Attachment:
Exhibit A — Cost Breakdown
Exhibit B — Project Timelines and Performance measures
Exhibit C - Grant Agreement
-13-
Exhibit A
Proposition 64 Public Health and
Foundation (CSUF
ProF)
Pugram Budget r ose
Bud et Year 1
(1) Professional Salary
$5,000.00 Bud et Year
$5, 000.00
Total Annual Budget
$5,000.00
$5, 000.00
Safety Cohort (prop 641
California State University, Fresno
Total Budget All Years: $15,000.00
Bud et Year 3
$5,000.00
$5, 000.00
Exhibit 8
Grant Performance Measures for California State U ni
regardin versity Fresno, Foundation
g the Proposition 64 Public Health and Safety Cohort 2 (Prop 64) Grant
Program
(Performance Period of May 1, 2021 — April 30, 202
(Contract Period of May 4)
Y 1, 2021 —October 31, 2024)
Goal: Develop a Local Evaluation Plan for Pr
Cohort 2 (prop 64) Due to BSCC b Proposition 64 Public Health and Safet
Evaluation for Prop 64 Program (Due�o BSCC b 321 and Develop a Final Local y
Performance Measurements: Y October 31, 2024)
Local Evaluation plan; The
Program funded b purpose of the Local Evaluation Plan is to ensure that the
y Pro 64 can be evaluated.
The Plan is to Include a detailed description of how the
effectiveness of all the proposed funded
submitted in either a narrative or funded
forma evaluator will assess the
Projects. The Local Evaluation Plan can be
design that will be used to evaluate the effectiveness of
t. The Plan should describe the research
goals (i.e. the expected benefits to the Participants or the community) aect, with the project
objectives (i.e, specific measurable accomplishments intended
goals} clearly stated. !n addition, Plan should address Y7 and the project
evaluation and the outcome evaluation, outlin ocom to advance project
two components: the process
Process Evaluation: The purpose of outlined in more detail below:
program activities will be carried out. the process evaluation is to identify how the
A process evaluation should describe the type of data
includes, but is not limited to such measures as: E
that will be collected and t
planned program. A plan for trackingEstimated number ofparticipants
typically
start dates, attendance logs, participants in terms of progress in #�� � vgram,the
g ,dropouts, successful completions, etc. Plan to document
the services provided to each
staff why conducted the participant. Plan to document the activities performed b
and the c intended results program. Since each Prop 64 project is unique in its approach
above, may a Y vary, not all measures in the process evaluation a Y
Y apply. For example, if an a p h
rop 64
funds towards Information System upgrades, applicant plans to use a s stated
to explain the how the program s will a different set of meaisUrestMahe ybe used
p 9 activities will be carried out.
Exhibit B
Outcome Evaluation: The purpose of the outcome evaluation is
applicant will determine if the program "worked" in terms of achieving
the program. The outcome evaluation should list the to identify how the
tracked and describe the method evaluation
which the impact v the goals set for
outcome measures that will be
measures will be determined. p f the program on the outcome
Final Local EVoI11at1Un: The purpose of the final Local Evaluation
activities that were carried out by the project.
is to document the
The evaluation should describe the research design, as discuss
submitted Local Evaluation Plan and
Evaluation must describe the final outcomes of the r discussed in the previously
Quarterly Progress Reports. The final Local
of the degree of program success. Proving that a program , rked is not including
For example, if the goal of the program wasprogram, including a an determination
specify the following:
to reduce recidivism, an applicant sFYiould aj A strategy for determining whether or not recidivism was lower
at the end of
the program as compared to before the program began.
bj A rationale for inferring that the reduction in recidivism was directly related to
the program and not other factors unrelated to the program.
Quarterly Progress Reports Due Dates
Period
May 1, 2021 - June 30, 2021
July 1, 2021 - September 30, 2021
October 1, 2021 - December 31, 2021
January 1, 2022 - April 30, 2022
May 1, 2022 - June 30, 2022
July 1, 2022 - September 30, 2022
October 1, 2022 - December 31, 2022
January 1, 2023 - April 30, 2023
May 1, 2023 - June 30, 2023
July 1, 2023 - September 30, 2023
October 1, 2023 - December 31, 2023
January 1, 2024 - April 30, 2024
Due Date
August 1, 2021
November 1, 2021
February 1, 2022
May 1, 2022
August 1, 2022
November 1, 2022
February 1, 2023
May 1, 2023
August 1, 2023
November 1, 2023
February 1, 2024
June 1, 2024
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID: 5227-BSCC94821
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev 0312019) BSCC 948-21 BSCC-5227
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
CITY OF FRESNO
2. The term of this Agreement is:
START DATE
MAY 1, 2021
THROUGH END DATE
OCTOBER 31, 2024
3. The maximum amount of this Agreement Is:
$1,958,057
4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are
by this reference made a part of the Agreement.
ExHISITS
TITLE
PAGES- -
Exhibit A
Scope of Work
3
Exhibit B
Budget Detail and Payment Provisions
4
Exhibit C
General Terms and Conditions (04/2017)
4
Exhibit D
Special Terms and Conditions
4
Attachment 1"
Proposition 64 Public Health & Saf Prop 64 PH&S) Grant Request for Proposals
Attachment 2
Prop 64 PH&S Grant Proposal
26
Appendix A
Prop 64 PH&S Scoring Panel
1
Appendix K
Criteria for Non -Governmental Or anization's Receiving BSCC Funds
2
This item is hereby incorporated by reference and can be viewed at.
htt : www.bscc.ca. ❑v Ora osition-64- ublic-health-so et rant ra rpm
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF FRESNO WITH THE CITY OF MENDOTA
CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
2600 Fresno Street Fresno CA 93721
PRINTED NAME OF PERSON SIGNING TITLE
GEORGEANNE WHITE City Manager
CONTRA TOR ALITHORI D SI ATURE DATE SI NED
L[ IN
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS CITY [STATE I ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833
PRINTED NAME OF PERSON SIGNING TITLE
RICARDO GOODRIDGE Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE
DATE SIGNED
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06
City of Fresno
BSCC 948-21
Page 1 of 3
EXHIBIT A: SCOPE OF WORK
1. GRANT AGREEMENT —PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT COHORT 2
This Grant Agreement is between the State of California, Board of State and Community
Corrections (hereafter referred to as BSCC) and the City of Fresno (hereafter referred to as the
Grantee or Contractor).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The Fiscal Year 2020-21 State Budget includes funding in the amount of $51,788,690 for local
assistance grants for the Proposition 64 Public Health and Safety (Prop 64 PH&S) Cohort 2
Grant Program, to be administered by the BSCC.
The purpose of this grant program is to fund projects that assist with law enforcement efforts,
fire protection efforts, or other focal projects addressing public health and safety associated
with the implementation of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA)_
B. Grantee agrees to administer the project in accordance with Attachment 1: Prop 64 PH&S Grant
Program Cohort 2 Request for Proposals (incorporated by reference) and Attachment 2: Grant
Proposal, which are attached and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for
administration of the Grant Agreement and shall have authority to make determinations relating
to any controversies that may arise under or regarding the interpretation, performance, or
payment for work performed under this Grant Agreement.
B. The Grantee's project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Georgeanne White
Title: City Manager
Address: 2600 Fresno Street, Fresno, CA 93721
Phone: 559-621-7795
Designated Financial Officer authorized to receive warrants:
Name:
Michelle Wooten
Title:
Business Manager
Address:
2323 Mariposa Mail, Fresno, CA 93721
Phone:
559-621-2053
Email:
michelle.wooten@fresno.gov
Project Director authorized to administer the project:
Name:
Mindy Casto
Title:
Deputy Police Chief
Address:
2323 Mariposa Mall, Fresno, CA 93721
Phone:
559-621-2101
Email:
mindy.casto@fresno.gov
C. Either party may change its project representatives upon written notice to the other party.
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she
has full legal authority to bind the entity for which he or she signs.
Rev 04/2020
EXHIBIT A: SCOPE OF WORK
4. DATA COLLECTION
City of Fresno
BSCC 948-21
Page 2 of 3
Grantees will be required to comply with all data collection and reporting requirements as described
in Attachment 1: Prop 64 PH&S Grant Program Cohort 2 Request for Proposals and Attachment 2:
Grant Proposal.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These
reports, which will describe progress made on program objectives and include required data,
shall be submitted according to the following schedule:
Quarterly Progress Report Periods
1. May 1, 2021 to June 30, 2021
2. July 1, 2021 to September 30, 2021
3. October 1, 2021 to December 31, 2021
4. January 1, 2022 to March 31, 2022
5. April 1, 2022 to June 30, 2022
6. July 1, 2022 to September 30, 2022
7. October 1, 2022 to December 31, 2022
8. January 1, 2023 to March 31, 2023
9. April 1, 2023 to June 30, 2023
10. July 1, 2023 to September 30, 2023
11. October 1, 2023 to December 31, 2023
12. January 1, 2024 to March 31, 2024
13. April 1, 2024 to April 30, 2024
Due no later than:
August 15, 2021
November 15, 2021
February 15, 2022
May 15, 2022
August 15, 2022
November 15, 2022
February 15, 2023
May 15, 2023
August 15, 2023
November 15, 2023
February 15, 2024
May 15, 2024
June 15, 2024
Note: Project activity period ends April 30, 2024. The period of May 1, 2024 to October
31, 2024 is for completion of Final Local Evaluation Report and the financial audit only.
B. Evaluation Documents Due no later than:
1. Local Evaluation Plan August 1, 2021
2. Final Local Evaluation Report October 31, 2024
C. Other Due no later than:
Financial Audit October 31, 2024
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate
documentation of all actions taken with respect to the project, including copies of this Grant
Agreement, approved program/budget modifications, financial records and required reports.
B. The Grantee shall establish separate accounting records and maintain documents and other
evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds,
including grant funds and the total cost of the project. Source documentation includes copies
of all awards, applications, approved modifications, financial records and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all individuals
reimbursed under the grant, whether they are employed full-time or part-time. Time and effort
reports are also required for all subcontractors and consultants.
Rev 0412020
City of Fresno
BSCC 948-21
Page 3 of 3
EXHIBIT A: SCOPE OF WORK
D. The grantee shall maintain documentation of donated goods and/or services, including the
basis for valuation.
E. Grantee agrees to protect records adequately from fire or other damage. When records are
stored away from the Grantee's principal office, a written index of the location of records stored
must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3) years
after closeout of the grant project and shall be subject at all reasonable times to inspection,
examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or
designees. If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the expiration of the three-year period, the records must be retained until
the completion of the action and resolution of all issues which arise from it or until the end of
the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on the
Prop 64 PH&S Scoring Panel (see Contract Appendix A) from receiving funds from the Prop 64
PH&S Cohort 2 grants awarded under this RFP. Applicants who are awarded grants under this
RFP are responsible for reviewing the Prop 64 PH&S Scoring Panel membership roster (see
Contract Appendix A) and ensuring that no grant dollars are passed through to any entity
represented by the members of the Prop 64 PH&S Scoring Panel.
B. In cases of an actual conflict of interest with a Scoring Panel member, the Board may revoke
the grant award and legal consequences could exist for the parties involved, including, but not
limited to, repayment of the grant award.
8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the
contract term, October 31, 2024. The financial audit shall be performed by a Certified Public
Accountant or a participating county or city auditor that is organizationally independent from the
participating county's or city's project financial management functions. Expenses for this final audit
may be reimbursed for actual costs up to $25,000.
Rev 04/2020
City of Fresno
BSCC 948-21
Page 1 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 201) to the BSCC
that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods:
Due no later than:
1. May 1, 2021 to June 30, 2021
August 15, 2021
2. July 1, 2021 to September 30, 2021
November 15, 2021
3. October 1, 2021 to December 31, 2021
February 15, 2021
4. January 1, 2022 to March 31, 2022
May 15, 2021
5. April 1, 2022 to June 30, 2022
August 15, 2022
6. July 1, 2022 to September 30, 2022
November 15, 2022
7. October 1, 2022 to December 31, 2022
February 15, 2023
8. January 1, 2023 to March 31, 2023
May 15, 2023
9. April 1, 2023 to June 30, 2023
August 15, 2023
10. July 1, 2023 to September 30, 2023
November 15, 2023
11. October 1, 2023 to December 31, 2023
February 15, 2024
12. January 1, 2024 to March 31, 2024
May 15, 2024
13. April 1, 2024 to April 30, 2024
June 15, 2024
Final Invoicing Periods*: Due no later than:
14. May 1, 2024 to June 30, 2024 August 15, 2024
15. July 1, 2024 to October 31, 2024 December 15, 2024
*Note: Only expenditures associated with completion of the Final Local Evaluation Report
and the financial audit may be included on these last two invoices.
B. All project expenditures (excluding costs associated with the completion of the Final Local
Evaluation Report and the financial audit) must be incurred by the end of the grant project period,
April 30, 2024, and included on the invoice due June 15, 2024, Project expenditures incurred
after April 30, 2024 will not be reimbursed.
C. The Final Local Evaluation Report is due to BSCC by October 31, 2024. Expenditures incurred
solely for the completion of the Final )vocal Evaluation Report during the period of May 1. 2024 to
October 31, 2024 must be submitted on the invoice due December 15, 2024. Supporting fiscal
documentation will be required for all expenditures claimed during the Final Invoicing Periods and must
be submitted with your final invoice due no later than December 15, 2024.
D. The financial audit is due to BSCC by October 31, 2024. Expenditures incurred solely for the
completion of the financial audit during the period of May 1. 2024 to October 31, 2024 must be
submitted on the invoice due December 15, 2024. Supporting fiscal documentation will be required
for all expenditures claimed during the Final Invoicing Periods and must be submitted with your final
invoice due no later than December 15, 2024.
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant funds are not
expended or requested during the invoicing period.
F. Upon the BSCC's request, supporting documentation must be submitted for project expenditures.
Grantees are required to maintain supporting documentation for all expenditures on the project
site for the life of the grant and make it readily available for review during BSCC site visits. See
Exhibit A. Scope of Work, Item 6. Project Records.
Rev 04/2020
City of Fresno
BSCC 948-21
Page 2 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
2. GRANT AMOUNT AND LIMITATION
A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee
waives any and all claims against the BSCC, and the State of California on account of project
costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause the project to
exceed the amount of the grant award identified in this Grant Agreement.
3. BUDGET CONTINGENCY CLAUSE.
A. This grant agreement is valid and enforceable only if sufficient funds are made available through
the Proposition 64 Initiative (the Control, Regulate and Tax Adult Use of Marijuana Act) via the
State and Local Government Law Enforcement Account. On or before July 151h of each fiscal
year, the State Controller shall deposit funds derived from Proposition 64 taxes into the State
and Local Government Law Enforcement Account pursuant to Revenue and Taxation Code
section 34019, subdivision (f)(3). The grantee agrees that the BSCC's obligation to pay any sum
to the grantee under any provision of this agreement is contingent upon the availability of
sufficient funding made available to the BSCC pursuant to Revenue and Taxation Code section
34019, subdivision (f)(3)(C).
B. If Prop 64 PH&S funding is reduced or falls below estimates contained within the Prop 64 PH&S
Request for Proposals Cohort 2, the BSCC shall have the option to either cancel this Grant
Agreement with no liability occurring to the BSCC or offer an amendment to this agreement to
the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(13) or Grantee does not agree to an
amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that
the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have
no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under
this Agreement and Grantee shall not be obligated to perform any provisions of this Grant
Agreement except that Grantee shall be required to maintain all project records required by
Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this
agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project costs.
"Eligible" and "ineligible" project costs are set forth in the July 2020 BSCC Grant Administration
Guide, which can be found under Quick Links here:
htt s:11www.bscc.ca. ovls corrections lannin andora rams/
The provisions of the BSCC Grant Administration Guide are incorporated by reference into this
agreement and Grantee shall be responsible for adhering to the requirements set forth therein.
To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement
conflict, the language in this agreement shall prevail.
B. Grantee is responsible for ensuring that invoices submitted to the BSCC claim actual
expenditures for eligible project costs.
C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project
costs or an amount equal to any grant funds expended by the Grantee in violation of the terms,
provisions, conditions or commitments of this Grant Agreement.
Rev 04/2020
City of Fresno
BSCC 948-21
Page 3 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
D. Grant funds must be used to support new program activities or to augment existing funds that
expand current program activities. Grant funds shall not replace (supplant) any federal, state
and/or local funds that have been appropriated for the same purpose. Violations can result in
recoupment of monies provided under this grantor suspension of future program funding through
BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code
Chapter 4.5, commencing with Section 927.
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement
in the event the Grantee has materially and substantially breached the terms and conditions of
this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five percent (5%),
the BSCC may withhold that amount as security, to be released to the Grantee upon compliance
with all grant provisions, including:
1) submittal and approval of the final invoice;
2) submittal and approval of the final progress report; and
3) submittal and approval of any additional required reports, including but not limited to the Final
Local Evaluation Report and the financial audit.
C. The BSCC will not reimburse Grantee for costs identified as ineligible for grant funding. If grant
funds have been provided for costs subsequently deemed ineligible, the BSCC may either
withhold an equal amount from future payments to the Grantee or require repayment of an equal
amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC's Executive Director or
designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the
time within which the Grantee may remedy the failure or violation leading to the withholding.
Rev 04/2020
City of Fresno
BSCC 948-21
Page 4 of 4
EXHIBIT B: BUDGET DETAIL AND PAYMENT PROVISIONS
7. PROJECT BUDGET
BUDGET LINE ITEMS GRANT FUNDS
1. Salaries and Benefits $ 494,823
2. Services and Supplies $ 78,050
3. Professional Services
4. Non -Governmental Organizations (NGO) Contracts
5. Indirect Costs / Administrative Overhead
(may not exceed 10% of grant award)
6. Equipment / Fixed Assets
7. Data Collection / Enhancement
8. Program Evaluation
9. Sustainability Planning
10. Other (include travel & training costs)
11. Financial Audit
Rev 04/2020
$ 14,000
$ 1,225,047
$ 41,137
$ 41,000
$ 1,500
$ 15,000
$ 10,000
$ 22,500
$ 15,000
TOTAL $1,968,057
City of Fresno
BSCC 948-21
Page 1 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. Contractor may not commence performance until
such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part,
without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the
Bureau of State Audits, or their designated representative shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after
final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow
the auditor(s) access to such records during normal business hours and to allow interviews of any
employees who might reasonably have information related to such records. Further, Contractor
agrees to include a similar right of the State to audit records and interview staff in any subcontract
related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq.,
CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any and
all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance of
this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any
dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any
payments should the Contractor fail to perform the requirements of this Agreement at the time and
in the manner herein provided. In the event of such termination the State may proceed with the work
in any manner deemed proper by the State. All costs to the State shall be deducted from any sum
due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor
upon demand.
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the
performance of this Agreement, shall act in an independent capacity and not as officers or employees
or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the
minimum, if not exact, percentage of post -consumer material as defined in the Public Contract Code
Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of
whether the product meets the requirements of Public Contract Code Section 12209. With respect
to printer or duplication cartridges that comply with the requirements of Section 12156(e), the
certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract
Code §12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its
subcontractors shall not deny the contract's benefits to any person on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic
Rev 0412020
City of Fresno
BSCC 948-21
Page 2 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
or military and veteran status, nor shall they discriminate unlawfully against any employee or
applicant for employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, sexual orientation, or military and veteran status.
Contractor shall insure that the evaluation and treatment of employees and applicants for
employment are free of such discrimination. Contractor and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations
promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and
the regulations or standards adopted by the awarding state agency to implement such article.
Contractor shall permit access by representatives of the Department of Fair Employment and
Housing and the awarding state agency upon reasonable notice at any time during the normal
business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts,
and all other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of
their obligations under this clause to labor organizations with which they have a collective bargaining
or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the
document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement
by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including travel,
per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the
laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply with the
requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf
the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by the bidder for sale
to the purchasing body pursuant to the bid. Such assignment shall be made and become effective
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BSCC 948-21
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EXHIBIT C: GENERAL TERMS AND CONDITIONS (04/2017)
at the time the purchasing body tenders final payment to the bidder. Government Code Section
4552.
C. If an awarding body or public purchasing body receives, either through judgment or settlement,
a monetary recovery for a cause of action assigned under this chapter, the assignor shall be
entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover
from the public body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been
injured by the violation of law for which the cause of action arose and (a) the assignee has not
been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor
acknowledges in accordance with Public Contract Code 7110, that:
A. The contractor recognizes the importance of child and family support obligations and shall fully
comply with all applicable state and federal laws relating to child and family support enforcement,
including, but not limited to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the
Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable
or held to be unenforceable, then the parties agree that all other provisions of this Agreement have
force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000,
the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract
to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with
Pub. Contract Code §10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business participation, then
Contractor must within 60 days of receiving final payment under this Contract (or within such
other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt.
Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor
received under the Contract; (2) the name and address of the DVBE(s) that participated in the
performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4)
that all payments under the Contract have been made to the DVBE; and (5) the actual
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BSCC 948-21
Page 4 of 4
EXHIBIT C: GENERAL TERMS AND CONDITIONS (0412017)
percentage of DVBE participation that was achieved. A person or entity that knowingly provides
false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code §
999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the
following statement is incorporated: It is unlawful for any person engaged in business within this state
to sell or use any article or product as a 'loss leader' as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
Rev 04/2020
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Page 1 of 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1. GRANTEE'S GENERAL RESPONSIBILITY
D. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and
approval by the BSCC are solely for the purpose of proper administration of grant funds and
shall not be deemed to relieve or restrict the Grantee's responsibility.
E. Grantee is responsible for the performance of all project activities identified in Attachment 1:
Prop 64 PH&S Cohort 2 Request for Proposals and Attachment 2: Grant Proposal/Application
for Funding.
F. Grantee shall immediately advise the BSCC of any significant problems or changes that arise
during the course of the project.
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the laws of
the State of California. Grantee shall at all times comply with all applicable State laws, rules
and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made by the
Grantee in Attachment 1. Prop 64 PH&S Cohort 2 Request for Proposal and Attachment 2:
Grant Proposal/Application for Funding, documents, amendments, approved modifications, and
communications filed in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project, pay all
charges and fees, and give all notices necessary or incidental to the due and lawful proceeding
of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for
services needed to implement and/or support program activities. Grantee agrees that in the
event of any inconsistency between this Grant Agreement and Grantee's agreement with a
subcontractor, the language of this Grant Agreement will prevail.
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation
between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his
responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to
the BSCC for the acts and omissions of its subcontractors and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent
obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC
shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in
the Prop 64 PH&S Grant Cohort 2 RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity
bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project
requiring the Grantee's subcontractors to:
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Page 2 of 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
1) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence
pertinent to the subcontractor's work on the project 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
the supporting documentation. These records shall be maintained for a minimum of three
(3) years after the acceptance of the final grant project audit under the Grant Agreement
and shall be subject to examination and/or audit by the BSCC or designees, state
government auditors or designees, or by federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available to the
BSCC or designee, the State Controller's Office, the Department of General Services, the
Department of Finance, California State Auditor, and their designated representatives
during the course of the project and for a minimum of three (3) years after acceptance of
the final grant project audit. The Subcontractor shall provide suitable facilities for access,
monitoring, inspection, and copying of books and records related to the grant -funded
project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to
project activities, sites, staff and documents at all reasonable times during the grant period including
those maintained by subcontractors. Access to program records will be made available by both the
grantee and the subcontractors for a period of three (3) years following the end of the grant period.
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this Grant
Agreement shall be in accordance with generally accepted government accounting principles
and practices, and adequate supporting documentation shall be maintained in such detail as to
provide an audit trail. Supporting documentation shall permit the tracing of transactions from
such documents to relevant accounting records, financial reports and invoices.
B. Grantees are required to provide the BSCC with a financial audit within no later than the end of
the contract term (October 31, 2023). The financial audit shall be performed by a Certified Public
Accountant or a participating county or city auditor that is organizationally independent from the
participating county or city's project financial management functions. Expenses for this final
audit may be reimbursed for actual costs up to $25,000.
C. The BSCC reserves the right to call for a program or financial audit at any time between the
execution of this Grant Agreement and three years following the end of the grant period. At
any time, the BSCC may disallow all or part of the cost of the activity or action determined to
not be in compliance with the terms and conditions of this Grant Agreement or take other
remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal,
or other improper use. As such, the Board will not enter into contracts or provide reimbursement to
grantees that have been:
debarred by any federal, state, or local government entities during the period of
debarment; or
Rev 0412020
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Page 3 of 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant
funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no
applicable debarment, disqualification, suspension, or removal from a federal, state or local grant
program on the part of the grantee at the time of application and that the grantee will immediately
notify the BSCC should such debarment or conviction occur during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or
subcontractor, a requirement that the subgrantee or subcontractor will provide the same
assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or
subcontractor that has been debarred or convicted, the grant recipient must submit a written
request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of Compliance
with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (required as Attachment F of
the original Proposal Package).
T. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from the
BSCC. Changes may include modification to project scope, changes to performance measures,
compliance with collection of data elements, and other significant changes in the budget or program
components contained in Attachment 1: Prop 64 PHBS Cohort 2 Request for Proposals/Application
for Funding, or approved modifications. Changes shall not be implemented by the project until
authorized in writing by the BSCC.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior
to completion of project upon action or inaction by the Grantee that constitutes a material and
substantial breech of this Grant Agreement. Such action or inaction includes but is not limited
to:
1) substantial alteration of the scope of the grant project without prior written approval of the
BSCC;
2) refusal or inability to complete the grant project in a manner consistent with Attachment 1:
Prop 64 PHIS Request for Proposal/Application for Funding, or approved modifications, or
approved modifications; and
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and
reporting requirements of the Grant Agreement.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the
Grantee at least 30 calendar days written notice stating the reasons fortermination and effective
date thereof. The Grantee may appeal the termination decision in accordance with the
instructions listed in Exhibit D: Special Terms and Conditions, Number 9. Settlement of
Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the
dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant
Programs Division Deputy Director a written demand for a final decision regarding the
disposition of any dispute between the parties arising under, related to, or involving this Grant
Agreement. Grantee's written demand shall be fully supported by factual information. The
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Page 4 of 4
EXHIBIT D: SPECIAL TERMS AND CONDITIONS
BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days
after receipt of Grantee's written demand invoking this Section "Disputes" to render a written
decision. If a written decision is not rendered within 30 days after receipt of the Grantee's
demand, it shall be deemed a decision adverse to the Grantee's contention. If the Grantee is
not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division
Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance
(or the expiration of the 30-day period in the event no decision is rendered), to the BSCC
Executive Director, who shall have 45 days to render a final decision. If the Grantee does not
appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy
Director, the decision shall be conclusive and binding regarding the dispute and the Contractor
shall be barred from commencing an action in court, or with the Victims Compensation
Government Claims Board, for failure to exhaust Grantee's administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant
Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement,
including the providing of services in accordance with the Grant Agreement. Grantee's failure
to diligently proceed in accordance with the State's instructions regarding this Grant Agreement
shall be considered a material breach of this Grant Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing, and shall
be signed by the Executive Director, if an appeal was made. If the Executive Director fails to
render a final decision within 45 days after receipt of the Grantee's appeal for a final decision,
it shall be deemed a final decision adverse to the Grantee's contentions. The State's final
decision shall be conclusive and binding regarding the dispute unless the Grantee commences
an action in a court of competent jurisdiction to contest such decision within 90 days following
the date of the final decision or one (1) year following the accrual of the cause of action,
whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as
applicable, excepting the time to commence an action in a court of competent jurisdiction.
9. UNION ACTIVITIES
For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that
applicability of Government Code §§16654 through 16649 to this Grant Agreement and agrees to
the following:
A. No State funds received under the Grant Agreement will be used to assist, promote or deter
union organizing.
B. Grantee will not, for any business conducted under the Grant Agreement, use any State
property to hold meetings with employees or supervisors, if the purpose of such meetings is to
assist, promote or deter union organizing, unless the State property is equally available to the
general public for holding meetings.
C. If Grantee Incurs costs or makes expenditures to assist, promote or deter union organizing,
Grantee will maintain records sufficient to show that no reimbursement from State funds has
been sought for these costs, and that Grantee shall provide those records to the Attorney
General upon request.
10. WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is
contrary to law, provided that any such waiver shall be in writing and signed by the party making
such waiver.
Rev 04/2020
f'h9F'03IT1ON 6/1-t
V(P-1-3LIC HFHLTI--I &-. SAFETY
GRANT PROGRAM
rc�rIORT 2
PROPOSAL PACKAGE*
COVER SHEET
Submitted by (Name of eligible applicant):
City of Fresno
DATE SUBMITTED TO THE BSCC:
1 /29/2021
*The Proposition 64 Public Health and Safety Grant Program Proposal Package is
provided in a fellable format. Using the Tab key will allow the applicant access to those
areas requiring information.
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS
A complete proposal package for funding under the Proposition 64 PH&S Grant Program must
contain the following items:
1
2
3
4
5
Required Items:
Cover Sheet (previous page)
Proposition 64 PH&S Grant Program Proposal Checklist
Originally signed in blue ink by the authorized signatory (e-signatures are acceptable)
Applicant Information Form
Originally signed in blue ink by the authorized signatory (e-signatures are acceptable)
Proposal Abstract
No more than one (1) page
Proposal Narrative to include Project Need, Project Description, Project Evaluation Sections
0 No more than eight (8) pages ..
Project Work Plan
6 No more than 2 pages using the template provided (see Appendix L for instructions)
P
Budget Information (Budget Table & Narrative)
7 9 Use BSCC templates provided
_ C Budget Narrative must be no more than four 4 pa(
8 Additional Request for Proposals Information, if applicable
No more than two (2) pages
9 Letter(s) of Commitment
10 Letter of Eligibility (see Appendix B)
Certification of Compllance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement
11 (Appendix F)
s Originally signed in blue ink by the authorized si nator a-si natures are acre table)
Criteria for Non -Governmental Organizations Receiving Proposition 64 Public Health and
12 Safety Grant Funds (Appendix K)
❑ri ig nall�► signed in blue ink b , the authorized si natorysi n� atures are acceptaf�le}
Optional:
Governing Board Resolution (Appendix E)
13 Note: The Goveming Board Resolution is due prior to contract execution but is not required
at the time of proposal submission.
I have reviewed this checklist and verified that all required items are included in this
proposal. ppAcetnj.. Q. e , . ■ d
X
Applicant
***A TT
Ink Only or E-signature) (see Applicant Inlwmalion Form, Part O, next page)
IO ANTSI(�THER THAN THOSE LISTED ABOVE OR MORE THAN THE
ALLOWED PAGE LIMIT WILL NOT BE CONSIDERED***
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS
A. APPLICANT: City of <Name> or <Name> County
NAIVE OF APPLICANT
City of Fresno
2600 Fresno Street
MAILING ADDRESS (if
P.O. Box 1271
C. PROJECT TITLE -
CITY
Fresno
5TY
Fresno
B. TAX IDENTIFICATION NUMBER:
TAX IDENTIFICATION #
94-6000338
STATE
ZIP CODE
CA
93721
STATE
ZIP CODE
CA
93715-1271
Collaborative Effort to Address the Affects of the Legalization of Cannabis Involving our
Youth
D. PROJECT SUMMARY (100-150 words): E. GRANT FUNUO M%AUea I cu: ZP 1, yUo, U'J I
The City of Fresno in partnership with the City of Mendota, Fresno Economic Opportunties Commission (FEOC) and
the Boys and Girls Club of Fresno County will provide services to the youth and young adolescents on the impacts of
the legalization of cannabis. The Public Health purpose area of the proposal will provide mental health and substance
abuse services and internships/apprenticeships to the youth and young adolescents who reside in the City of Fresno
and the rural community of the City of Mendota. The Fresno Police Department will address the Public Safety area of
the project in that they will provide community outreach and education to the residents and businesses in the City of
Fresno an the impacts of the le alizaton of cannabis within the City._ _—_ —
F. PROJECT PURPOSE AREA 1-YOUTH DEVEILOPMENTIYOUTH PREVENTION b �1—$,-
225,047
INTERVENTION (MANDATORY): Must beat leant 10% of the amount InSectionE
G. PROJECT PURPOSE AREAS 2, S, & 4 (In addhion to PPA 1, check all that apply for the proposed project)
® PPA 2: Public Health
® PPA 3: Public Safety
❑ PPA 4: Environmental Impact
H. LEAD PUBLIC AGENCY: City of Fresno Police Department
1. PROJECT DIRECTOR:
NAME TITLE DEPARTMENTIAGENCY
Patrick Farmer Deputy Chief of Police Fresno Police Department
STREET ADDRESS CITY
2323 Mariposa Mall Fresno
STATE ZIP CODE TELEPHONE NUMBER
CA 93721 559.621.2201
EMAIL ADDRESS
J. FINANCIAL OFFICER:
NAME
Desiree Perry
STREET ADDRESS
2326 Fresno Street
STATE
CA
EMAIL ADDRESS
TITLE
Business Manager
ZIP CODE
93721
DEPARTMENTIAGENCY
Fresno Police Department
CITY
Fresno
TELEPHONE NUMBER
559.621.2053
PAYMENT MAILING ADDRESS (if different) CITY STAI1~ Lit' k,uur-
P.O. Box 1271 Fresno CA 93715-1271
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS
K. DAY -TODAY PROGRAM CONTACT:
TITLE
Mindy Casto Police Captain
STREET ADDRESS
2323 Mariposa Mall
STATE ZIP CODE
CA 93721
EMAIL ADDRESS
DEPARTMENTIAGENCY
Fresno Police Department
CITY
Fresno
TELEPHONE NUMBER
559.621.2486
L. DAY-TO-DAY FISCAL CONTACT:
NAME TITLE T DEPARTMENTIAGENCY
Anita Villarreal Management Analyst II Fresno Police Department
STREET ADDRESS
2326 Fresno Street
STATE
CA
ZIP CCDE
93721
GI I r
Fresno
TELEPHONE NUMBER
559.621.2305
EMAIL ADDRESS
anita.villarreal�a #r�sno.gav
M. AUTHORMM SIGNATURE":
By signing this application, I hsrshy cerM I am vented by the Applicant with the authority to onbr into contract with the BSCC, and
the grantee and any subcorrtractara will sbtde by the laves, policies, and procedures governing this funding. T
NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER
Thomas Esqueda City Manager 559.621.7048
STREET ADDRESS CITY STATE ZIP CODE
2600 Fresno Street Fresno CA 93721
EMAIL ADDRESS
thomas.esqueda@fresno.gov
SIGNATURE (Qlge Ink Only or
mature) DATE
/ /2, 9/ 7_1Z I
be a representative with the authority to sign documents and obligate the applicant.
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS
Proposition 64 Public Health & Safety Grant Program
Request for Proposals Document
The Proposal Abstract may not exceed one (1) page.
The City of Fresno is requesting $1,958,057 in Proposition 64 funds for a Public Health
and Safety grant from the Board of State and Community Corrections (BSCC). The City
of Fresno, City of Mendota, Fresno Economic Opportunities Commission (Fresno EOC)
and the Boys and Girls Club of Fresno County have partnered on this proposal to first
and foremost address Project Purpose Area 1: Youth Development/Youth Prevention and
Intervention. The need is great among our youth, who will greatly benefit from both youth
development activities designed to help them build competencies to become successful
adults and youth prevention/intervention activities designed to prevent youth substance
use and addiction and promote healthy behaviors and environments. Fresno EOC will
provide youth job training/internships, hire a clinical psychologist and two substance
abuse counselors, and conduct youth outreach in the City of Mendota. The Boys & Girls
Club will provide a range of curriculums to youth focused on drug and gang prevention,
personal choices and development, and academic support. At the same time, the City of
Fresno and the City of Mendota are dedicated to Project Purpose Area 3: Public Safety
so that they may address the safety concerns of cannabis more broadly. The City of
Fresno will fund a Community Services Officer to help build trust in the community and be
a liaison between cannabis retailers and the City Council. The City of Mendota will also
fund a Community Services Officer who will conduct public outreach and education
events. The capacities of the City of Fresno and City of Mendota will be expanded to
meet the challenges associated with cannabis legalization while improving community
relations and trust with law enforcement.
The City of Fresno's proposal will allow for the development of a comprehensive
approach to address the impacts of cannabis legalization in our communities through
coordinated efforts. Across all activities included in this proposal, a total of 4,165
individuals will be served, with our primary focus being on youth under the age of 21.
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 1 of 1
The Proposal Narrative section may not exceed eight (8) pages in totality. See pages 19-
20 for corresponding Rating Factors and Criteria.
1. Project Need (Percent of Total Value: 25%) _ f
Fresno County lies in the geographic and agricultural heart of California and home to over
999,000 residents. The Cities of Fresno and Mendota are located within Fresno County.
Fresno County faces significant challenges that threaten the economic vitality and quality
of life for its residents. Among the challenges the City of Fresno's Prop 64 project would
address in partnership with the City of Mendota are high rates of marijuana use among
youth under the age of 21. According to the California Department of Health Services
treatment admission data, marijuana is the number one drug for admission averaging 1,445
admissions per year between 2013-14 and 2016-17(1). In Fresno County, according to the
2019 Fresno County Student Insight Survey, marijuana was the primary drug of choice for
youth ages 12-17; with 82% indicating marijuana was their primary drug of choice in the
Fresno metropolitan area and 67% indicating the same in the western part of the County
where Mendota is located. These statistics are alarming because youths' brains are still
developing, and marijuana use in this age range can lead to declines in school
performance, increased risk for mental health issues, impaired driving, and potential for
addiction(2) According to the U.S. Drug Enforcement Administration, "of adults 26 or older
who used marijuana before age 15, 62% went on to use cocaine at some point in their
lives; 9% went on to use heroin at least once; and 54% made some nonmedical use of
mind -altering prescription drugs. Fresno County youth experience high rates of Substance
Use Disorders (SUDs), and was identified as one of the top five counties with the highest
proportion of youth admitted into Department of Health Care Services (DHCS) monitored
SUD treatment facilitie.(3) In 2017-2018, Fresno County had nearly 3,000 youth under 26,
with over half being between the ages of 12-17, admitted for SUD services(4). Of concern
not only for youth, but also for the general public, is the increasing potency of cannabis
products. A study published in the National Center for Biotechnology Information found that
marijuana products seized by the U.S. Drug Enforcement Administration found the potency
increased from about 4% THC in 1995 to about 12% in 2014. By 2017, another study
published by the Center showed that the potency had gone up to 17%, which is a 300%
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 1 of 8
increase from 1995. This is particularly dangerous for youth, but can also lead to negative
effects in adults who are not consuming responsibly, including anxiety and paranoia.
Additionally, a study published by the Journal of Drug Issues found that the proportion of
marijuana users who smoke daily has rapidly grown, and that many of those frequent users
are poor and lack a high-school diploma. The 2017 U.S. Census data indicates more than
a third (36.5%) of all youth in Fresno County are living in poverty, 14% of adults 25 years
and older have less than a 9th grade education, nearly three times more than the U.S. rate
of 5%. In the rural community of Mendota located 45 minutes from Fresno, 62% of children
live in poverty, 52% of those 25 years and older living in Mendota have less than a 9th
grade education and 35% of 18- to 24-year-olds do not have a high school degree.
As a result, the City of Fresno, in partnership with the City of Mendota, has chosen to
collaborate with Fresno Economic Opportunities Commission (Fresno EOC) and the Boys
and Girls Club to first and foremost address PPA 1: Youth DevelopmentlYouth Prevention
and Intervention. As evidenced by the above data, the need is great among our youth, who
would greatly benefit from both youth development activities designed to help them build
competencies to become successful adults and youth prevention/intervention activities
designed to prevent youth substance use and addiction and promote healthy behaviors
and environments. At the same time, the City of Fresno and the City of Mendota are
prioritizing PPA 3: Public Safety so that they may address the aforementioned impacts of
cannabis more broadly. Currently, there are a handful of general substance use
prevention/intervention programs at the school -level, but the cities of Fresno and Mendota
lack a coordinated, comprehensive approach to address public health and safety needs
associated with the implementation of the Control, Regulate and Tax Adult Use of
Marijuana Act (AUMA). Therefore, a Prop 64 grant would help our project have significant
impact on the above challenges our cities are experiencing
2. Prqieclt Otacription (Percent of Total VWV&: O%)
PPA 1 Youth Development/Youth Prevention and Intervention
The City of Mendota will
conduct twelve meetings and six events annually for youth. These events will consist of
healthy opportunities for youth to gain positive experiences and cultivate supportive social
connections. Events may consist of volunteer opportunities, community walk-a-thons,
freestyle painting events, karaoke nights at a local business, and socializing opportunities
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 2 of 8
between youth and local senior citizens. These activities and services will provide much
needed attention to local youth to prevent and divert them from drug use. The Mendota
Police Department (MPD) and Mendota Unified School District have fostered a great
working relationship over the last three years. Three MPD School Resources Officers
monitor five campuses. This partnership has created a trusting connection among parents,
students, and school officials. With this partnership and grant funding from Proposition 64,
the City of Mendota will enhance existing services that will flow to where the needs are in
the community outside of school grounds. Fresno EOC will use a portion of allocated grant
funds for 30 spots in its Training & Employment (T&E) youth job training/internship program
during the three-year grant term. T&E's workforce program targets high school graduates
and out -of -school youth and provides them with paid work -based training, career
mentoring, and educational support. Participants meet with job coaches to create training
plans based on their career goals, and complete soft skills training for job readiness,
resume and interview skills, and financial literacy. Many also take courses to improve
workplace collaboration like Conflict Resolution and Anger Management. They receive job
placements based on interest and ability, via a network of local employers like tech startups
and the Chamber of Commerce. After interning for 150 hours, T&E seeks feedback from
interns regarding their experiences, skills they learned, and ways to improve their training.
Upon graduating from the internship, T&E provides follow-up services like support groups,
resume updating, job application assistance, and interview preparation for a year or more
to increase the likelihood of permanent job placement and retention. Fresno EOC will
recruit and hire a clinical psychologist to provide therapy for youth referrals. Fresno EOC
will also recruit and hire two substance abuse counselors dedicated to working with youth
referrals from all partners in this project. The psychologist and substance abuse counselors
will use trauma -informed, culturally relevant, developmentally appropriate methodologies.
Fresno EOC's Community Outreach Specialists will conduct monthly youth -focused
activities in Mendota including but not limited to peer support groups, drug -alternative
social events, LGBTQ+ friendly safe spaces, and more. The Boys & Girls Club of Fresno
County will implement youth prevention programs that increase resistance skills and teach
participants to problem -solve in risky situations. With these grant funds the Boys & Girls
Club will offer five programs for 225 youth, ages 10-18. The programs are: The Phoenix
Curriculum is an evidence -based curriculum that provides prevention and intense
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 3 of 8
intervention components geared to young audiences utilizing five core age appropriate
activities and elements: What's Important to You?, Understanding Your Feelings, Problem
Solving, Risk Factors, and Protective Factors; Street SMART is an evidence -based gang
and violence prevention program developed by Boys & Girls Clubs of America (BGCA) that
offers expanded lessons in drug prevention and an emphasis on resiliency training. It is
designed to build on protective factors, developing the key competencies 'youth need.
Competencies developed include: Personal values and skills, Interpersonal skills, and
positive sense of self; Career Launch is a proven job and career education program
developed by BGCA and provides a broad range of tools and activities for staff to guide
teens in exploring a variety of careers, making sound educational decisions, and preparing
for the world of work. This motivates youth to stay out of gangs, explore a career, and
obtain successful employment; Junior Staff — Work Experience provides teen members
with age -appropriate skill -building opportunities with hands-on Club work experience in
four areas: Career development, apprenticeship, customer service, and community
service. Junior staff will receive work stipends in this grant; and Power Hour is a homework
help and tutoring program. The goal is to increase academic success to better prepare
youth to enter college and the workforce with the skills needed to compete globally. Power
Hour is designed to prevent youth who are already facing skill deficits from failing further
behind with today's increased learning pace. PPA 3 Public Safety: The City of Fresno
Police Department (FPD) will hire a Community Services Officer (CSO) to be the liaison
among Fresno City Council, licensed retail cannabis businesses, residents and FPD
Problem Oriented Policing Officers and School Resource Officers. The CSO will participate
and lead neighborhood watch meetings in those districts requesting education on the
impacts of the legalization of cannabis, perform community outreach at the various schools,
and other duties as assigned. The City will also budget for overtime for the officers who are
required to conduct enforcement and inspections on businesses not in compliance or those
businesses who are operating on the black market. The City of Mendota intends to address
the illegal market and ensure local cannabis retail businesses are in compliance with local
and state laws. The City of Mendota plans to conduct public outreach education events.
By adding the Community Services Officer (CSO) and a K-9, Mendota will be able to build
relationships and trust with the community, monitor cannabis activity that may negatively
impact the community if not aware of consequences for abuse and violations of the law.
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 4 of S
Target Area: The target areas for this grant are the cities of Fresno and Mendota, which
have legalized and regulated the cultivation and sale of recreational cannabis. 25.2%(5) of
Fresno's population lives below the federal poverty line and the city second in the nation
for concentrated poverty —the percentage of low-income individuals living in poor
neighborhoods —with a concentrated poverty rate of42.2%(6). Fresno's high poverty areas
include central, southwest, and southeast. With a population of more than 97,000, these
communities' challenges include not only high levels of poverty but also high levels of
unemployment, gang violence, and poor health outcomes that exceed statewide averages.
The City of Mendota has 40.9% of its population living below the federal poverty level(5).
With limited revenue resources, the City is unable to enhance the general fund and allow
the expansion of City human resources for the Police Department, so all departments are
operating with minimal staff. Mendota is in need of additional funding to address needed
resources to efficiently serve the community. Individuals Seared: A minimum of 4,165
individuals will be served over the three-year project performance period. Fresno PD plans
to serve 740 individuals, City of Mendota anticipates serving 2,520, Fresno EOC will serve
680 and the Boys and Girls Club will offer services to 225 youth ages 10-18 through their
activities under this grant. The Boys & Girls Club locations in both Fresno and Mendota
attract youth from low-income communities with significant needs. Approximately 60% of
the Mendota Club's daily members reside in public housing, and Mendota also has a crime
rate that is higher than 68% of the state's cities and towns of all sizes. The MS-13 gang
committed 14 brutal murders in and around Mendota from 2015 to 2017, and it is estimated
that gangs are responsible for a significant portion of the robbery, burglaries, auto theft,
and drug activity. The Boys & Girls Club is the only safe place in the neighborhood where
kids can go after school and in the evenings, and the staff has become the point of contact
for the Fresno County Sheriff's Department and the Housing Authority when addressing
these issues. The City of Fresno, which in 2020 alone saw four homicides related to black
market activity and illegal dispensaries, has a need for greater community involvement and
relationship -building to assist with regulating the legal cultivation and sale of cannabis. The
CSO will be the eyes and ears of the police department in the community and act as a
"catchall" for some of the issues related to marijuana legalization. Existing Resources to
be Utilized: The activities proposed will build upon on the existing operations and resources
of each partner. Fresno Police Department employs over 700 officers, 300 of which are on
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 5 of 8
patrol throughout Fresno's five policing districts. The department will handle enforcement
issues and criminal activity that CSO will not be equipped to handle. Mendota Police
Department currently has fifteen total officers on staff who will enhance the services to be
provided under this grant. Fresno EOC operates over 30 programs across 15 service areas
that serve more than 100,000 people annually, providing a comprehensive array of
services that fight poverty and its root causes for all ages. Fresno EOC will use part of its
portion of grant funds to expand its existing Employment and Training internship program
to provide opportunities for more youth to gain work experience. The Boys & Girls Club
will expand its existing programs to serve more youth through this project with curriculums
focusing on drug use prevention, tutoring and academic success, and personal
development. Applicant and Partner Capacity_ This project will represent a collaborative
effort between the City of Fresno, the City of Mendota, Fresno EOC and The Boys & Girls
Club of Fresno County. The Fresno Police Department will act as the Fiscal Agent, and
has a 100% successful compliance rate. The Grants Management Unit (GMU), under the
Administrative Division is managed by the Grants Manager and Management Analyst II.
They are responsible for oversight of all department grant related activities, and understand
fiduciary responsibilities associated with federal grant funds. The GMU has participated in
several audits over the years to demonstrate transparency and accountability for those
funds. The GMU will conduct annual, in -person Site Monitoring Visits for all of the funded
community -based organizations to ensure compliance with the program objectives and
grant guidelines. The FPD Police Captain, Mindy Castro, will have direct oversight over
sub grantees and lead the community and services elements in the project. She has
worked for various units within the department for over 23 years including investigations,
internal affairs, policy and procedures and most recently on the committee that worked on
the cannabis municipal code revisions. She will also be responsible for all program related
performance measures and data input for quarterly progress reporting. Kevin Smith, Chief
of Police for the Mendota Police Department, has over 40 years of experience in law
enforcement and 8 years as a Narcotics Investigator for the Fresno County Sherriff
Department. With his background, he will lead the department and Community Services
Officer to address the illegal market, increase public education and strength community
relations to ensure public safety. Fresno EOC has a proven track record of providing
vocational training and placement to a diverse population with a wide range of backgrounds
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 6 of 8
and barriers to employment. In particular, the agency has decades of experience serving
youth who are impacted by the youth justice system, gang activity, and/or drug use. This
project will draw on the experience and capacity of Fresno EOC programs such as Training
and Employment Services, which provides job experience and job search assistance.
Fresno EOC also has a robust internal referral network that allows clients to access any of
the agency's 30+ programs depending on their need, from healthcare services, to housing
assistance, to education, to food and nutrition, to utilities assistance. In addition, Fresno
EOC maintains over 600 active external partnerships including Fresno Madera Continuum
of Care, Central California Legal Services Inc., Centro La Familia, and Fresno Unified
School District. If participants require services beyond the scope of the agency's programs,
Fresno EOC staff are equipped to make appropriate the referrals. Fresno EOC has the
capacity to recruit and hire the clinical psychologist and substance abuse counselors
through the expertise of its Human Resources Department. The department has 12 staff
from diverse backgrounds, including a Recruitment Coordinator and Recruiter, who are
well -trained and experienced in finding qualified candidates for an agency with nearly 1,200
employees. The Boys & Girls Clubs of Fresno County (BGCFC) has a 72-year history of
implementing excellent youth development services in Fresno County. They operate 15
Boys & Girls Clubs serving over 5,000 youth (6-18 years) and their families, and have the
experience and professional staff to provide the designated outcomes required. Grant
funders in the past have included OJJDP, USDA, CDBG funds and local foundations and
corporate funds that require documentation and reports that validate outcomes. At the
conclusion of this grant performance period, all project partners will seek additional funding
opportunities either through general fund, fundraising, and donations to ensure the future
of the worthwhile activities under this project.
j 3. Project Evalua#Ibn (Percent.of Total. Value: 15%)
Upon notice of an award, the City of Fresno will contract with an evaluation team
consisting of Fresno State Criminology Professors and graduate student assistants. In a
process evaluation, both qualitative and quantitative research methodologies will be
employed as part of a data triangulation strategy, while quantitative data analysis with
statistical models will be emphasized in outcome evaluations to assess the impact of
each program component. The methodology of the process evaluation of each program
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 7 of 8
will be designed to ensure the program is implemented according to its original plan and
serves the needs of the community and target populations. To monitor the progress of
program implementations while easing the burden of administrative data collection, web -
based surveys with automatic e-mail reminders to program managers will be utilized. This
system supports both efficient data collection in a standardized format and timely
descriptive analysis of program characteristics in the process evaluation. Furthermore,
qualitative research methods of field observations and interviews of participants and
program managers will become a means to uncover unexpected barriers and obstacles
to program implementation; adjustments in program management will be recommended
through quarterly reports and meetings. The methodology of the outcome evaluation that
determines each project component's success and failure includes statistical models and
innovative research designs that thoroughly and properly evaluate the impact of each
program component. While the gold standard of program evaluation dictates the use of
randomized experiments to conclusively infer the causal effect of intervention programs,
randomized experiments are not immune from challenge, most notably an ethical issue of
denying the opportunity to participate in programs for the sake of scientific studies. To
overcome this limitation but maintain a high scientific standard of program evaluation,
CSUF will employ a propensity score matching technique that allows the analysis of the
treatment group and control group with comparable characteristics without running a
randomized experiment. This allows rigorous examination of the program outcomes
without compromising ethical resource principles. The propensity score analysis is an
innovative but proven evaluation methodology; which was applied to evaluations of gang
interventions including G.R.E.A.T. and Operation Ceasefire in Boston. When conducting
propensity score analysis, CSUF will take advantage of existing program surveys/intakes
previously conducted re -analyze and compare with the participants of the proposed
program. The results of both process and outcome evaluations will be thoroughly
documented in quarterly and Final Local Evaluation Reports. Detailed descriptions of
programs will be provided as part of the process evaluation which allows critical
assessment and replication of the approach in different settings.
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 8 of 8
Prop 64 PH&S Grant Program Request for Proposals Project Work Plan
The Project Work Plan may not exceed two (2) pages. See Appendix L for full instructions.
(1) Goal: Improve the lives of youth by providing opportunities for them to build competencies needed to become
successful adults.
Objectives 27 youth will successfully complete a paid 150-hour internship program and be better prepared to enter either
(A., B., higher education or employment.
etc.)
175 youth will participate in the youth programming that will increase resistance skills and develop problem
solving sk'slls for risk situations.
Project activities that support the identified goal and objectives Responsible T Timeline
staff/ partners
Recruit and place 30 youth into paid interships. Conduct soft skills training Fresno EOC
as well as training related to occupations in for profit, non profit and public
sector employment.
Recruit and place 175 youth into one or more of the following Boys and Girls
Club programs: Phoenix Curriculum, Career Launch, Junior Staff Work
Experience, or Power Hour.
_I - - -
'
Improve the lives of youth by supporting them in establishing healthy behaviors needed to become successful
adults.
(2)
Start Date End Date
May 1, April 30,
2021 2024
Boys & Girls
Club of Fresno
County
May 1, April 30,
2021 2024
Objectives 300 youth will receive therapy and substance abuse counseling services.
etc. 50 youth will artici ate in the Street SMART evidence -based anima_ violence
revention program.
Project activities that support the identified goal and objectives Responsible
Timeline
staff/ partners
Start Date End Date
Recruit and hire the clinical psycholgist and two substance abuse Fresno EOC
May 1, April 30,
counselors, and accept youth referrals from project partners
2021 2024
Recruit and enroll 50 youth in the Street SMART program Boys & Girls
May 1, April 30,
Club of Fresno
2021 2024
County
(3) Goal: Improve public safety in the communities of Fresno and Mendota through education
and community service
Objectives 740 youth will be reached through School Resource Officers (SROs) and Community Service Officers (CSOs).
(A., B.,
etcj !m rave communi# arcs tion and relationships with law enforcement.
Project activities that support the identified goal and objectives Responsible
Timeline
staff/ partners
Start Date End Date
Establish a round table of representatives from all grant partners to meet at I City of Fresno
minimum on a semi-annual basis. City of
Mendota
Fresno EOC
Boys & Girls of
Fresno County
Establish protocols in addressing concerns related to the legalization of
cannabis withint the cities of Fresno and Mendota.
(4) Goal:
Objectives
(A., B.,
activities that support the identified goal and
May 1,
2021
City of Fresno May 1,
City of 2021
Mendota
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS
April 30,
2024
April 30,
2024
Timeline
4. Project Budget'-Ti bleend Narrative (Pecant of TOW Value:1
A. Budget Table (use the table provided below): Applicants are limited to the use of the
Line Item categories listed and are not required to request funds for every Line Item
listed. If a budget line item is not applicable for the proposed project, complete with
entering $0.
Total Grant Funds Requested: Complete this column, for the total grant funds
requested for the full 3-Year grant funding term (May 1, 2021 to April 30, 2024) for all
grant related activities/items. The Total amount for this column must equal the dollar
amount provided in Section E of the Application Information Form. Use whole numbers
only.
Grant Funds Proposed for PPA 1 (Youth Development/Youth Prevention &
Intervention):
Of the grant funds requested within each line item for the "Total Grant Funds Requested"
column, complete this column for the grant funds to be used specifically for the
mandatory PPA 1- Youth Development/Youth Prevention & Intervention for the full 3-Year
grant funding term (May 1, 2021 to April 30, 2024). This column MUST total at least ten
percent (10%) of the Total Grant Funds Requested column and must equal the dollar
amount provided in Section F of the Application Information Form. Use whole numbers
only.
Please verify total amounts as columns do not auto -calculate.
GRANT
.+
PROPOSED
LINE ITEMS
REQUESTEDFUNDS
PROPOSED
FOR ..,
1. Salaries and Benefits
$ 494,823
> $ 0
2. Services and Supplies
$ 78,050
4
$ 0
3. Professional Services
$ 14,000
4
$ 0
4. Non -Governmental Organizations
$ 1,225,047
.4
$ 1,225,047
(NGO) Contracts
5. Indirect Costs / Administrative
$ 41,137
4
$ 0
Overhead (may not exceed 10% of grant
award)
6. Equipment / Fixed Assets
$ 41,000
i
$ 0
7. Data Collection / Enhancement
$ 1,500
4
$ 0
8. Program Evaluation
$ 15,
$ 0
9. Sustainability Planning
$ 10,000
4
$ 0
10. Other (include travel & training costs)
$ 22,500
->
$ 0
11. Financial Audit
$ 15,000
4
$ 0
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 1 of 1
The Budget Narrative may not exceed four (4) pages. Dollar amounts must be in whole
numbers and match the corresponding Line Item amounts provided in the Budget Table.
1. Salaries and Benefits: $ 494,823
1 FTE FPD Community Services Officer - will be the liaison between Fresno City
Council, licensed retail cannabis businesses, residents in the community and the FPD
Problem Oriented Policing (POP) Officers and School Resource Officers (SRO). This
person will participate and lead neighborhood watch meetings in those districts
requesting education on the impacts of the legalization of cannabis, perform
community outreach at the various schools, forward any compliants received from the
community as it relates to cannabis, and other cannasbis related duties as assigned.
Salary: $43,467 per year /Fringe: $27,962 per year X 3 years = $214,287
FPD Police Officer(s) - will conduct enforcement (administrative and/or criminal) on
businesses not in compliance with the city municipal codes, perform inspections as
needed, and conduct investigations on those businesss operating on the black
market.
Salary: $66.94 per hour X 177.84 hours per year X 3 years = $35,713
2 FTE Mendota Community Services Officers - will be the liaison between Mendota
City Council, licensed retail cannabis businesses, residents in the community and the
MPD Problem Oriented Policing (POP) Officers and School Resource Officers (SRO).
Salary: $126,640 ($22.55 per hour X 936 hours X 3 years X 2 people)
2 FTE Mendota Administrative Assistant I - will be responsible for the Administrative
components of the grant (progress reports)
Salary: $115,015.68 ($20.48 per hour X 936 hours X 3 years X 2 people)
.5 FTE Mendota K9 officer - will be responsible for community engagment and
enforcement will needed.
Salary: $3,166.02 ($87.95 X 3 years X 1 person)
2. Services and Supplies: $ 78,050
City of Mendota - to conduct 6 community relations events per year ($3,400 per event
X 18 events = $61,200)
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 1 & 4
City of Mendota - to host one community meeting per month ($100 per meeting X 1
per month X 36 meetings = $3,600)
City of Mendota - purchase a drone to use for surveillance ($3,350); purchase hand
held tablets (2 X $1,200 = $2,400) for use by the CSOs (2)
City of Mendota - to purchase K9 supplies, food and for veterian appointments for the
K9 ($2,500 per year X 3 years = $7,500)
3. Professional Services: $ 14,000
City of Mendota - Consultant fees, legal service fees and information service fees
4. Non -Governmental Organizations (NGO) Contracts: $ 1,225,047
Fresno EOC: Salary/fringe: 1 FTE Licensed Therapist/Supervisor - $88,400 X 3 years
= $265,200; 2 FTE Substance Abuse Counselors - $40,183 X 3 years X 2 persons =
$241,098; 1 .08 FTE Community Outreach Specialist = $7,681; 1 .10 FTE Business
Account Specialist = $11,814
Fresno EOC: Operating Costs = $247,310 (office supplies, facility rentals, meeting
costs, mileage, computers, program supplies, leasing copier, communication costs,
and staff clearance costs)
Fresno EOC: Indirect Costs = $99,000
Boys and Girls Club of Fresno County: $87,998 - Salary/fringe for 8 Unit Directors and
16 Program Assistants. The listed personnel will oversee the programs of the
proposal at the 9 Club sites within the Cities of Fresno and Mendota. Salary: 24 staff
X $1,200 per month X 3 years = $86,400; Fringe - $22.19 X 24 staff X 3 years =
$1,598
5. Indirect Costs (not to exceed 10% of the actual total direct project costs): $ 41,137
City of Mendota - 10% of total project. To administer the proposal objectives and
goals.
6. Equipment / Fixed Assets: $ 41,000
City of Mendota - to purchase a new K9 for use at schools for educational events as
well as enforcement of illegal drug activity involving marijuana ($12,000). Purchase a
patrol vehicle with signage for use by the K9 officer ($29,000)
7. Data Collection / Enhancement: $ 1,500
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 2 of 4
City of Mendota - to upload network software to the patrol vehicle and the handheld
tablets being utilized by the K9 Officer and CSO.
8. Program Evaluation: $ 15,000
Local Evaluation Plan will be conducted by a team of California State University,
Fresno Department of Criminology Professors and graduate Assistants.
The existing collaborative efforts with evaluation team facilitates efforts in contracting
with them to design and develop effective research methodologies,
conduct data collection, and program analysis/evaluation on the proposed projects as
directed by RFP. Salary: $11,712 X .29 X 3 years = $10,550; Indirect costs = $4,450
9. Sustainability Planning: $ 10,000
City of Mendota -
10.Other (include travel and training costs): $ 22,500
City of Mendota - $22,000 for K9 and CSO training
City of Fresno - $500 to attend the mandatory new BSCC Grantee Orientation in
Sacramento, CA. Hotel: $150 per night X 2 nights X 1 person = $300; Per Diem:
$66.25 X 3 days X 1 person = $199
11. Financial Audit: $ 15,000
Brown Armstong, the Certified Public Accountants for the City of Fresno, will perform
the financial audit of the grantee's financial records at the end of the grant
performance period. Brown Armstrong has prepared the Single Audit Questionnaire
for over 10 years for the City of Fresno. They are a reputable accounting firm with at
least 40 years in the accounting business.
It is the auditor's responsibility to express an opinion on compliance for each of the
City's major federal and state programs based on our audit of the types of compliance
requirements. Brown Armstrong conducts audit of compliance in accordance with
auditing standards generally accepted in the United States of America; the standards
applicable to financial audits contained in Government Auditing Standards, issued by
the U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements,
Cost Principles, and Audit Requirements of Federal Awards (Uniform Guidance).
PROP 64 PH&S GRANT COHORT 2 REQUEST FOR PROPOSALS Page 3 of 4
Applicants may include a maximum of two (2) additional numbered pages entitled
"Additional RFP Information to the Proposal Package. These pages must have a
one -inch margin on all four sides and may o_my include endnotes, tables, charts,
graphs and/or graphics, must be cited referenced within the Proposal Narrative, must
directly support the Proposal Narrative, and must be legible.
(1) California outcomes Measurement System
(2) Center for Disease Control
(3) Department of Health Care Services, 2014
(4) Fresno County Department of Behavioral Health (FCDBH), 2018
(5) United States Census Bureau
(6) 24/7 Wall Street, 2018
;. � ..
�q ' "Cantaloupe Center Of The World"
CITY OF MENDOT
January 29, 2021
Board of State and Community Corrections
2590 Venture Oaks Way, Ste. 200
Sacramento, CA 95833
To whom it may concern,
Please accept this letter as indication of the City of Mendota's strong commitment to
the City of Fresno's submission for a Proposition 64 Public Health & Safety grant.
The City of Mendota understands the public health and safety challenges related to the
legalization of the cultivation and sale of recreational cannabis in our community. Our
organization stands ready to address these challenges as a partner on this proposal and
is committed to providing the following activities with these grant funds:
1. Hire a Community Services Officer to build relationships and trust in the community;
2. Purchase a K-9 unit to assist with enforcement;
3. Conduct public outreach and events to raise awareness about the illegal cannabis
market.
The City of Mendota understands the significant need for programs and resources to serve
youth in our communities. We are excited about this partnership with the City of Fresno, the
Boys & Girls Club, and Fresno EOC. The City of Mendota hopes that the Board of State and
Community Corrections will strongly consider this proposal.
Sincerely,
Cristian Gonzalez
City Manager
rFresno
Economic
opportunities
commission
January 29, 2020
Board of State and Community Corrections
2590 Venture Oaks Way, Ste. 200
Sacramento, CA 95833
To whom it may concern,
Please accept this letter as indication of Fresno EOC's strong commitment to the City
of Fresno's submission for a Proposition 64 Public Health a Safety grant.
Fresno EOC understands the public health and safety challenges related to the
legalization of the cultivation and sale of recreational cannabis in our community. As
the designated Community Action Agency of Fresno County for the past 56 years,
Fresno EOC stands ready to address these challenges as a partner on this proposal and
is committed to providing the following activities with these grant funds:
1. Recruit and enroll 30 youth in 150-hour paid internships through Fresno EOC's
Training Et Employment services,
2. Hire a clinical psychologist and two substance abuse counselors to provide
therapy and counseling for youth referrals from project partners, and
3. Conduct monthly, youth -focused activities in the City of Mendota, including but
not limited to peer support groups, drug -alternative social events, and LGBTQ+
safe spaces.
Fresno EOC understands the significant need for programs and resources to serve
youth in our communities. We are excited about this partnership with the City of
Fresno, City of Mendota and the Boys and Giris Club of Fresno County. Fresno EOC
hopes that the Board of State and Community Corrections will strongly consider this
proposal.
Sincerely,
G" 7�z/s
Emilia Reyes
Chief Executive Officer
it
00carer} UR RY
CH00H.
P A R T N E R S H I P
Doc ID: 71df86d0510c8e2b60d93960c47f617c71c9a76c
January 29, 2020
Board of State and Community Corrections
2590 Venture Oaks Way, Ste. 200
Sacramento, CA 95833
To whom it may concern,
Please accept this letter as indication of the Boys & Girls Clubs of
Fresno County's strong commitment to the City of Fresno's submission
for a Proposition 64 Public Health & Safety grant.
The Boys & Girls Clubs understands the public health and safety
challenges related to the legalization of the cultivation and sale of
recreational cannabis in our community. Our organization stands ready
to address these challenges as a partner on this proposal and
is committed to providing the following activities with these grant
funds:
1. Provide youth prevention programs that Increase resistance
skills and teach participants to problem -solve in risky situations,
including the following:
a. Drug prevention and intervention;
b. Personal values, decision making, and emotional
intelligence education;
c. Gang and violence prevention;
d. Job and career education; and
e. Homework help and tutoring.
The Boys & Girls Clubs understands the significant need for programs
and resources to serve youth in our communities. We are excited about
this partnership with the City of Fresno, City of Mendota and Fresno
EOC. The Boys & Girls Clubs hopes that the Board of State and
Community Corrections will strongly consider this proposal.
Sincerely,
Diane Carbray
President/CEO
GREAT FUTURES START HERE.
: X
DAYS & GIRLS CLUBS
OF FRE8NO COUNTY
Administrative office
540 N. Augusta
Fresno, CA 93701
(559)266.3117
FAX (559) 266.0664
a �� w.huc Gcsnn.nr e
President/CEO
Diane Carbray
President Emeritus
Kenneth Quenzer
Board of Directors
Michael Goldfarb, Chair
Nick Bellasis
Mary Braa
Jamin Brazil
Lee Anne Briscoe
Larry Duncan
Paul Gibson
Roy Hernandez
Charlene L. Heuer
Corey Jackson
Barry Maas
David Martin
Steve Miller
Lisa Nilmcicr
Duane Oswald
Sue Quigley
Alex Ramirez
Timothy Thompson
Ryan Toncheff
Board of Trustees
President Joseph Castro
Farmer Chief Jerry Dyer
John Ferdinandi
William Lyles
Steve Magarian
Sheriff Margaret Mims
James Pardini
Justice Chuck Poochigian
Dr. Jeryl Wiens
Adrian Williams
Honorary Life Directors
Larry Buss
Please consider inchtrliug the
Bot-s A. Girls Chubs of Yresao
Couunr in,rour
111l1 or Estate plaits
THOMAS ESQUEDA
CITY MANAGER
APPENDIX B
LETTER OF ELIGIBILITY
As an applicant, our jurisdiction(s) does not ban (i.e., prohibit, forbid, or bar):
Q All indoor commercial cannabis cultivation (including mixed light cultivation)
Regulation(s), ordinance(s), and or amendment(s) to our local government
charter(s) that ensure the above are true:
Article 33 — Cannabis Retail Business and Commercial Cannabis Business.
Section 9-3312. — Operating Requirements for Cultivator (Added Ord. 2018-68, §
1, eff. 1-24-19; Am. Ord. 2020-002, §, 11, eff. 3-20-2020)
❑ All outdoor commercial cannabis cultivation
Regulation(s), ordinance(s), and or amendment(s) to our local government
charter(s) that ensure the above are true:
Outdoor Cultivation Prohibited. The cultivation of all cannabis must occur
indoors. All outdoor cultivation, including outdoor greenhouse cultivation, is
prohibited. Article 33 — Cannabis Retail Business and Commercial Cannabis
Business Section 9-3312. — Operating Requirements for Cultivator (a) General.
(2) (Added Ord. 2018-68, § 1, eff. 1-24-19; Am. Ord. 2020-002, §, 11, eff. 3-20-
2020)
El Establishment of business(es) licensed under Division 10 of the Business and
Professions Code
Regulation(s), ordinance(s), and or amendment(s) to our local government
charter(s) that ensure the above are true:
Article 33 — Cannabis Retail Business and Commercial Cannabis Business
Section. 9-3303 - Compliance with Laws (Added Ord. 2018-68, § 1 eff. 1-24-19)
Section. 9-3305 - Commercial Cannabis Business Permit Required to Engage in
Commercial Cannabis Activity. (Added Ord. 2018-68, § 1 eff. 1-24-19)
Section. 9-3306 — Maximum Number of Authorized Cannabis Retail Businesses
and Commercial Businesses Permitted (Added Ord. 2018-68, § 1 eff. 1-24-19;
Am. Ord. 2020-002, § 1, eff. 3-2-20)
APPENDIX B
LETTER OF ELIGIBILITY
PAGE 2
Section. 9-3307 — Location and Design of Retail Cannabis Businesses
(Added Ord. 2018-68, § 1 eff. 1-24-19; Am. Ord. 2020-002, § 1, eff. 3-2-20)
Section. 9-3308 — Location and Design of Commercial Cannabis Businesses
(Added Ord. 2018-68, § 1 eff. 1-24-19; Am. Ord. 2020-002, § 4, 5, eff. 3-2-20)
Ef Operation of businesses licensed under Division 10 of the Business and Professions
Code
Regulation(s), ordinance(s), and or amendment(s) to our local government
charter(s) that ensure the above are true:
Article 33 — Cannabis Retail Business and Commercial Cannabis Business
Section 9-3309 — Operating Requirements for all Commercial Cannabis Activity
(Added Ord. 2018-68, § 1 eff. 1-24-19; Am. Ord. 2020-002, § 6-8, eff. 3-2-20)
Section 9-3310 — Operating Requirements for a Cannabis Retail Business
(Added Ord. 2018-68, § 1 eff. 1-24-19; Am. Ord. 2020-002, § 9, eff. 3-2-20)
Section 9-3311 — Operating Requirements for a Distributor
(Added Ord. 2018-68, § 1 eff. 1-24-19; Am. Ord. 2020-002, § 10, eff. 3-2-20)
Section 9-3312 — Operating Requirements for a Cultivator
(Added Ord. 2018-68, § 1 eff. 1-24-19; Am. Ord. 2020-002, § 11, eff. 3-2-20)
Section 9-3313 Operating Requirements for a Testing Laboratory
(Added Ord. 2018-68, § 1 eff. 1-24-19; Am. Ord. 2020-002, § 12, eff. 3-2-20)
Section 9-3314 Operating Requirements for a Manufacturer
(Added Ord. 2018-68, § 1 eff. 1-24-19; Am. Ord. 2020-002, § 13, eff. 3-2-20)
Section 9-3315 Other Operational Requirements (Added Ord. 2018-68, § 1 eff.
1-24-19)
AUTHORIZED SIGNATURE
his document must be si ned by the person who Is auth rlxed to sign the Grant A reement
NAME OF AUTHORIZED OFFICER
TITLE
Thomas Es ueda
City Mana er
STREET ADDRESS
2600 Fresno Street
CITY
STATE
ZIP CODE
Fresno
CA
93721
TELEPHONE NUMBER
EMAIL ADDRESS
559.621.7048
Thomases ueda fresno. ov
AUTH D OFFICE IGNATUR(Blue ink Only or E-signature)
DATE
11 Z Q l 2.0 7J
x
U
,.: CITY OF MENDO IA
"Cantaloupe Center Of The World"
January 29, 2021
As a sub -applicant, our jurisdiction(s) does not ban (i.e., prohibit, forbid, or bar):
EAll indoor commercial cannabis cultivation (including mixed light cultivation)
City Council Ordinance No. 19-06, which was adopted on June 11, 2019 and is therein
incorporated in the Mendota Municipal Code as Chapter 8.37, permits indoor commercial
cannabis cultivation.
F
� J
M A]I outdoor commercial cannabis cultivation
On September 22, 2020, the City Council adopted Ordinance No. 20-16 which amended
Chapter 17.99 of the Mendota Municipal Code to allow for outdoor commercial cannabis
cultivation in the Commercial Cannabis Overlay Zoning District. However, Chapter 8.37
of the Mendota Municipal Code was not modified to reflect the amendment. The City of
Mendota is currently taking steps to bring Chapter 8.37 in line with Chapter 17.99 and
reflect the City Council's intention in 2020.
2 I-stablishment of business(es) licensed under Division 10 of the Business and Professions Code
City Council Ordinance No. 19-06, which was adopted on June 11, 2019 and is therein
incorporated in the Mendota Municipal Code as Chapter 8.37, permits the establishment of
businesses licenses under Division 10 of the Business and Professions Code.
E3 Operation of businesses licensed under Division 10 of the Business and Professions Code
City Council Ordinance No. 19-06, which was adopted on June, 11, 2019 and is therein
incorporated in the Mendota Municipal Code as Chapter 8.37, permits the operation of
businesses licenses under Division 10 of the Business and Professions Code.
The documentation detailed above will be provided to the BSCC upon request.
It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent,
criminal, or other improper use. As such, the Board will not enter into contracts or provide
reimbursement to applicants that have been:
1. debarred by any federal, state, or local government entities during the period of
debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government
grant funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has
been no applicable debarment, disqualification, suspension, or removal from a federal,
state or local grant program on the part of the grantee at the time of application and that
the grantee will immediately notify the BSCC should such debarment or conviction occur
during the term of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a
subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will
provide the same assurances to the grant recipient. If a grant recipient wishes to consider
a subgrantee or subcontractor that has been debarred or convicted, the grant recipient
must submit a written request for exception to the BSCC along with supporting
documentation.
By checking the following boxes and signing below, applicant affirms that:
® UWe are not currently debarred by any federal, state, or local entity from
applying for or receiving federal, state, or local grant funds.
® I/We have not been convicted of any crime involving theft, fraud, or
embezzlement of federal, state, or local grant funds within the last three years. We
will notify the BSCC should such debarment or conviction occur during the term of
the Grant contract.
® UWe will hold subgrantees and subcontractors to these same requirements.
A grantee may make a request in writing to the Executive Director of the BSCC for an
exception to the debarment policy. Any determination made by the Executive Director
shall be made in writing.
(This document must ibo signed by do Person Who Is authorlasd to sign go Grant
NAME 01= AUTHORIZED OFFICER I TITLE
Thomas Esqueda
STREET ADDRESS
2326 Fresno Street
EMAIL ADDRE55
thomas.esqueda@fresno.gov
x
City Manager
Fresno
((Blue Injf Only or E-signature))
TELEPHONE NUMBER
559.621.7048
STATE ZIP CODE
CA 93721
DATE
t%aq % zoz.l
APPENDICES, Page 155
APPENDIX A: PROP 64 PH&S SCORING PANEL ROSTER
Name, Title Organization
Gordon Baranco, Chair, BSCC Board
Member
Hollie Hall, Consultant, PhD.
Tanja Heitman, Chief Probation Officer
Amy Irani, Director
Shannan Moon, Sheriff
Dave Nielsen, Retired Division/Policy Chief
Michael Salvador, Police Chief
Jon Heredia, Chief Legal Officer
Adjunct Professor of Cannabis Law
Miranda Rivers, Director of Operations
City of Fresno
BSCC 948-21
Page 1 of 1
Board of State and Community Corrections
Watershed Resource Specialist Humboldt,
Trinity, and Mendocino Counties
Santa Barbara County
Environmental Health Nevada County
Nevada County
CA Department Alcohol & Drug Programs,
CA Department of Mental Health
City of Atwater
Chief Legal Officer Mirage Medicinal
Golden Gate University School of Law
Trees of Knowledge
Miamah Reed, Youth Services Specialist Sacramento Unified School District