HomeMy WebLinkAboutResiliency Center of Fresno Memorandum of Understanding (With The FPD) 3-3-23 MEMORANDUM OF UNDERSTANDING
Community-Based Organization
This Memorandum of Understanding stands as evidence that the CitV of Fresno Police Department
and the Resiliency Center of Fresno intend to work together toward the mutual goal of providing early
intervention for families exposed to trauma in the City of Fresno. Both agencies believe that unidentified
trauma to youth and families creates a pathway to at-risk behavior,depression,and-physical and mental
health issues. The program, as described herein, will further this goal. Additionally, the City of Fresno
Police Department agrees to pilot an application system created by the Resiliency Center and make it
available to Fresno Police personnel to offer services for families needing mental health interventions.
Each agency agrees to participate in the collaboration, as outlined herein:
The CitV of Fresno Police Department will closely coordinate the services listed below with the
Resiliency Center through: p Support Division
+ Regularly scheduled meetings at least monthh between Fresno Police Department Supp
designee and the Resiliency Center, Rodney Lowery, Chief Executive Officer.
Roles and Responsibilities:
Cityof Fresno Police Department. p regarding p for Children
1. Will provide training to department personnel re ardin the First Responder App
(FRAC)
Resiliente Center of Fresno:
1. Will have direct oversight of First Responder App for Children (FRAC) strategy development and
implementation.
2. Will train and work with Fresno Police Department personnel that would benefit from the program.
3. Will provide training to staff group facilitators and other areas as needed.
4. Will provide Clinical Counseling for all referrals.
5. Will meet all insurance requirements outlined in Exhibit A.
Indemnification CITY shall indemnify, hold harmless and defend Resilient f Center of Fresno 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 Ftesiliency Center of Fresno, CITY
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 from the
negligent or intentional acts or omissions, or willful misconduct of CITY or any of its officers, officials,
employees, agents or volunteers in the performance of this Memorandum of Understanding: provided
nothing herein shall constitute a waiver by CITY of governmental immunities including California
Government Code section 810 et seq.
Resiliency Center of Fresno shall indemnify, hold harmless and defend CITY and each of its
officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage) incurred by the CITY, Resiliency Center of
Fresno 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
from the negligent or intentional acts or omissions, or willful misconduct of Resiliency Center of Fresno
or any of its officers, officials, employees, agents or volunteers in the performance of this Memorandum
of Understanding; provided nothing herein shall constitute a waiver by Resilient Center of Fresno of
governmental immunities including California Government Code section 810 et seq..
Resiliency Center agrees that this Memorandum of Understanding shall in no way act to
MEMORANDUM OF UNDERSTANDING
Community-Based Organization
abrogate or waive any immunities available to CITY under the Tort Claims Act of the State of California.
In the event of concurrent negligence on the part of CITY or any of its officers, officials,
employees, agents or volunteers, and Resiliengy Center of Fresno or any of its officers, officials,
employees, agents or volunteers, the liability for any and all such claims, demands and actions in law
or equity for such losses, fines, penalties, forfeitures, costs and damages shall be apportioned under
the State of California's theory of comparative negligence as presently established or as may be
modified hereafter.
This section shall survive termination or expiration of this Memorandum of Understanding.
• This Memorandum of Understanding is entered into by both parties on March 30, 2023 and will be
effective through March 30, 2024.
We the undersigned, as authorized representatives of Cit of Fresno Police De artment and Resiliency
Center of F o o here approve this document.
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Rodney Lowery tive C r a e
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*This Memorandum of Understanding is subject to ratification by council action upon award
of grant
MEMORANDUM OF UNDERSTANDING
Community-Based Organization
Exhibit A
Insurance Requirements
(a) Throughout the life of this Memorandum of Understanding, RESILIENCY CENTER OF
FRESNO shall pay for and maintain in full force and effect all insurance as required herein with an
insurance company(ies)either(i) admitted by the California Insurance Commissioner to do business in
the State of California and rated no less than "A-VII" in the Best's Insurance Rating Guide, or (ii) as
may be authorized in writing by CITY'S Risk Manager or his/her designee at any time and in his/her
sole discretion. The required policies of insurance as stated herein shall maintain limits of liability of
not less than those amounts stated therein. However,the insurance limits available to CITY, its officers,
officials, employees, agents and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the named insured.
(b) If at any time during the life of the Memorandum of Understanding or any extension,
RESILIENCY CENTER OF FRESNO or any of its subcontractors fail to maintain any required insurance
in full force and effect, all services and work under this Memorandum of Understanding shall be
discontinued immediately, and all payments due or that become due to RESILIENCY CENTER OF
FRESNO shall be withheld until notice is received by CITY that the required insurance has been
restored to full force and effect and that the premiums therefore have been paid for a period satisfactory
to CITY. Any failure to maintain the required insurance shall be sufficient cause for CITY to terminate
this Memorandum of Understanding. No action taken by CITY pursuant to this section shall in any way
relieve RESILIENCY CENTER OF FRESNO of its responsibilities under this Memorandum of
Understanding. The phrase "fail to maintain any required insurance" shall include, without limitation,
notification received by CITY that an insurer has commenced proceedings, or has had proceedings
commenced against it, indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by RESILIENCY CENTER OF FRESNO shall not be
deemed to release or diminish the liability of RESILIENCY CENTER OF FRESNO, including, without
limitation, liability under the indemnity provisions of this Memorandum of Understanding. The duty to
indemnify CITY shall apply to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided
by RESILIENCY CENTER OF FRESNO. Approval or purchase of any insurance contracts or policies
shall in no way relieve from liability nor limit the liability of RESILIENCY CENTER OF FRESNO,
vendors, suppliers, invitees, contractors, sub-contractors, subcontractors, or anyone employed directly
or indirectly by any of them.
Coverage shall be at least as broad as:
1. The most current version of Insurance Services Office(ISO)Commercial General Liability
Coverage Form CG Oa 01, providing liability coverage arising out of your business
operations. The Commercial General Liability policy shall be written on an occurrence
form and shall provide coverage for"bodily injury,""property damage" and "personal and
advertising injury"with coverage for premises and operations(including the use of owned
and non-owned equipment), products and completed operations, and contractual liability
(including, without limitation, indemnity obligations under the Memorandum of
MEMORANDUM OF UNDERSTANDING
Community-Based Organization
Understanding) with limits of liability not less than those set forth under"Minimum Limits
of Insurance."
2. The most current version of ISO Auto Coverage Form CA 00 01, providing liability
coverage arising out of the ownership, maintenance or use of automobiles in the course
of your business operations. The Automobile Policy shall be written on an occurrence
form and shall provide coverage for all owned, hired,and non-owned automobiles or other
licensed vehicles (Cade 1- Any Auto).
3. Workers' Compensation insurance as required by the State of California and Employer's
Liability Insurance.
4. Professional Liability(Abuse&Molestation) Insurance that insures against liability arising
out of the bodily injury, personal injury, and third-party property damage occurring
because of the wrongful or negligent acts attributable to the institutions. This coverage
should protect against a wide range of potential claims, including but not limited to
athletics, alcohol, assault, verbal or physical abuse, campus crime, sexual molestation
and other sexual misconducts.
MINIMUM LIMITS OF INSURANCE
RESILIENCY CENTER OF FRESNO, or any party the RESILIENCY CENTER OF FRESNO
subcontracts with, shall maintain limits of liability of not less than those set forth below. However,
insurance limits available to CITY, its officers, officials, employees, agents and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit of any insurance
proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1.000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
(iii) $2,000,000 aggregate for products and completed operations; and,
(iv) $2 000,000 general aggregate applying separately to the work performed under
the Memorandum of Understanding.
2. COMMERCIAL AUTOMOBILE LIABILITY:
$1,000,000 per accident for bodily injury and property damage
3, WORKERS' COMPENSATION INSURANCE as required by the State of California with
statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
MEMORANDUM OF UNDERSTANDING
Community-Based Organization
5. Professional Liability (Abuse & Molestation):
(i) $1,000,000 per claimloccurrence; and,
(ii) $2,000,000 policy aggregate.
UMBRELLA OR EXCESS INSURANCE
In the event RESILIENCY CENTER OF FRESNO purchases an Umbrella or Excess insurance
policy(ies)to meet the "Minimum Limits of Insurance,"this insurance policy(ies)shall "follow form" and
afford no less coverage than the primary insurance policy(ies). In addition, such Umbrella or Excess
insurance policy(ies) shall also apply on a primary and non-contributory basis for the benefit of the
CITY, its officers, officials, employees, agents and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
RESILIENCY CENTER OF FRESNO shall be responsible for payment of any deductibles contained in
any insurance policy(ies) required herein and RESILIENCY CENTER OF FRESNO shall also be
responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to on the Certificate of Insurance, and approved by, the CITY'S Risk Manager or his/her
designee. At the option of the CITY'S Risk Manager or his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects CITY, its officers, officials, employees, agents and volunteers; or
(ii) RESILIENCY CENTER OF FRESNO shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee, guaranteeing payment
of losses and related investigations, claim administration and defense expenses.
At no time shall CITY be responsible for the payment of any deductibles or self-
insured retentions.
OTHER INSURANCE PROVISIONSIENDORSEMENTS
The General Liahilit and Ruforno6ile Liabili insurance alicies are to contain, or be endorsed to
contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be covered as
additional insureds. RESILIENCY CENTER OF FRESNO shall establish additional
insured status for the City and for all operations by use of ISO Form CG 20 10 04 13 or
CG 20 26 0413 or by an executed manuscript insurance company endorsement providing
additional insured status as broad as that contained in ISO Form CG 20 10 04 13 or CG
20 26 04 13.
2. The coverage shall contain no special limitations on the scope of protection afforded to
CITY, its officers, officials, employees, agents and volunteers. Any available insurance
proceeds in excess of the specified minimum limits and coverage shall be available to the
Additional Insured.
MEMORANDUM OF UNDERSTANDING
Community-Based Organization
3_ For any claims relating to this Memorandum of Understanding, RESILIENCY CENTER
OF FRESNO'S insurance coverage shall be primary insurance with respect to the CITY,
its officers, officials, employees, agents and volunteers. Any insurance or self-insurance
maintained by the CITY, its officers, officials, employees, agents and volunteers shall be
excess of RESILIENCY CENTER OF FRESNO'S insurance and shall not contribute with
it. RESILIENCY CENTER OF FRESNO shall establish primary and non-contributory
status by using ISO Form CG 20 01 04 13 or by an executed manuscript insurance
company endorsement that provides primary and non-contributory status as broad as that
contained in ISO Form CG 20 01 04 13.
4. Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
The Workers' Compensation insurance olia is to contain, or be endorsed to contain, the following
provision: RESILIENCY CENTER OF FRESNO and its insurer shall waive any right of subrogation
against CITY, its officers, officials, employees, agents and volunteers.
If the Professional Liability Abuse & Moiesfration insurance olio is written on a claims-made form:
1. The retroactive date must be shown, and must be before the effective date of the
Memorandum of Understanding or the commencement of work by RESILIENCY
CENTER OF FRESNO.
2. insurance must be maintained and evidence of insurance must be provided for at least
five (5) years after completion of the Memorandum of Understanding work or termination
of the Memorandum of Understanding, whichever occurs first, or, in the alternative, the
policy shall be endorsed to provide not less than a five (5) year discovery period.
3. 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 Memorandum of
Understanding or the commencement of work by RESILIENCY CENTER OF FRESNO,
RESILIENCY CENTER OF FRESNO must purchase "extended reporting" coverage for a
minimum of five (5) years completion of the Memorandum of Understanding work or
termination of the Memorandum of Understanding, whichever occurs first.
4. A copy of the claims reporting requirements must be submitted to CITY for review.
5. These requirements shall survive expiration or termination of the Memorandum of
Understanding.
Alf olicies of insurance required herein shall be endorsed to provide that the coverage shall not be
cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar days written
notice by certified mail, return receipt requested, has been given to CITY. RESILIENCY CENTER OF
FRESNO is also responsible for providing written notice to the CITY under the same terms and
conditions. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or
MEMORANDUM OF UNDERSTANDING
Community-Based Organization
reduction in coverage or in limits, RESILIENCY CENTER OF FRESNO shall furnish CITY with a new
certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire
during the work to be performed for CITY, RESILIENCY CENTER OF FRESNO shall provide a new
certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15)
calendar days prior to the expiration date of the expiring policy.
Should any of the required policies provide that the defense costs are paid within the Limits of Liability,
thereby reducing the available limits by any defense costs,then the requirement for the Limits of Liability
of these polices will be twice the above stated limits.
The fact that insurance is obtained by RESILIENCY CENTER OF FRESNO shall not be deemed to
release or diminish the liability of RESILIENCY CENTER OF FRESNO, including, without limitation,
liability under the indemnity provisions of this Memorandum of Understanding. The policy limits do not
act as a limitation upon the amount of indemnification to be provided by RESILIENCY CENTER OF
FRESNO. Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of RESILIENCY CENTER OF FRESNO, its principals, officers, agents,
employees, persons under the supervision of RESILIENCY CENTER OF FRESNO, vendors, suppliers,
invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or indirectly by any
of them.
VERIFICATION OF COVERAGE
RESILIENCY CENTER OF FRESNO shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the CITY'S Risk Manager or his/her designee prior to CITY'S
execution of the Memorandum of Understanding and before work commences. All non-ISO
endorsements amending policy coverage shall be executed by a licensed and authorized agent or
broker. Upon request of CITY, RESILIENCY CENTER OF FRESNO shall immediately furnish City with
a complete copy of any insurance policy required under this Memorandum of Understanding, 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 expiration or termination of this Memorandum of Understanding.
SUBCONTRACTORS
If RESILIENCY CENTER OF FRESNO subcontracts any or all of the services to be performed under
this Memorandum of Understanding, RESILIENCY CENTER OF FRESNO shall require, at the
discretion of the CITY Risk Manager or designee, subcontractor(s) to enter into a separate Side
Agreement with the City to provide required indemnification and insurance protection. Any required
Side Agreement(s) and associated insurance documents for the subcontractor must be reviewed and
preapproved by CITY Risk Manager or designee. If no Side Agreement is required, RESILIENCY
CENTER OF FRESNO will be solely responsible for ensuring that it's subcontractors maintain
insurance coverage at levels no less than those required by applicable law and is customary in the
relevant industry.