HomeMy WebLinkAboutCommunity Partners - Memorandum of Understanding Regarding Administration of Grant Funding From the Transformative Climate Communities Program MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF FRESNO
AND PARTNERS REGARDING ADMINISTRATION OF GRANT FUNDING FROM
THE TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM
This Memorandum of Understanding (MOU) is entered into on this 2ot�- day of
2019, by and between the City of Fresno (City) and
Partners, individually, as set forth in Exhibit C hereto (Partners). The MOU is ntered
into pursuant to the requirements of the 2017 Transformative Climate Communities
(TCC) Program Final Guidelines Dated October 23, 2017 (Guidelines) to memorialize
the collaborative stakeholder structure, legal and financial considerations governing the
collaborative stakeholder structure, transparent decision-making processes, meeting
facilitation procedures, and processes for involving community representatives in
decision-making, resolving disputes, and procedure for adding or removing Partners.
RECITALS
WHEREAS, for Fiscal Year 2016/2017, the California Legislature has
appropriated $140 million for a new state grant program, the TCC Program (Grant); and
WHEREAS, funds have been appropriated to the Strategic Growth Council
through the Governor's Office of Planning and Research by the Budget Act of 2016 (AB
1613; Section 4);
WHEREAS, as part of an initial rulemaking by the Strategic Growth Council on
December 6, 2016, a minimum of $70 million of that appropriation was allocated for the
City of Fresno; and
WHEREAS, the Grant Guidelines indicate that community based organizations,
local governments, nonprofit organizations, joint powers authorities, and other various
entities are eligible applicants and may submit applications for funding a project area
within an eligible city; and
WHEREAS, the Grant Guidelines require eligible applicants to form a
Collaborative Stakeholder Structure to develop and submit applications based upon a
shared vision and sign a Memorandum of Understanding that sets forth the governance
of the organizational structure; and
WHEREAS, the Grant Guidelines require designation of one lead applicant and a
number of Partners; and
WHEREAS, the City has been designated the Lead Applicant; and
WHEREAS, the City as Lead Applicant will enter into a Grant Agreement with the
Strategic Growth Council and be responsible for compiling and submitting all invoices
and reporting documents; and
WHEREAS, the City will be responsible for approving disbursement of Grant
Funds to all Partners; and
WHEREAS, the City and Partners have submitted a full application for an
Implementation Grant and
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WHEREAS, in furtherance of that application, the City and Partners desire to
enter into this MOU.
NOW, THEREFORE, in consideration of the promises set forth herein, the
receipt and sufficiency of which is hereby acknowledged, the undersigned parties, as
participants in the State of California's TCC Program administered through the Strategic
Growth Council, hereby agree to the following terms and responsibilities for
administration of the Grant Program as follows:
1. INCORPORATION OF RECITALS. The parties hereby affirm and
incorporate by reference into this MOU the Recitals set forth above.
2. DEFINITIONS.
a. "City" shall mean the City of Fresno, its employees, agents, or
other designees assigned by the City Manager or the Fresno City
Council. For the purpose of the TCC Program, the City is the lead
applicant and the grantee.
b. "Grant Term" shall mean a period of five years beginning from the
date of execution of a Grant Agreement between the City and the
Strategic Growth Council as well as for the term of any required
reporting period of up to five additional years.
C. "Partner" shall mean all entities legally incorporated in the State of
California that act together with the City for the purpose of
supporting the implementation of the Project.
d. "Project" shall mean the development, venture, undertaking, task or
work that Partner is to complete as generally described in the
Master Grant Agreement entered into by the City of Fresno and the
Strategic Growth Council. Partner shall complete the project
substantially in the form and manner presented herein.
e. "Stakeholder" shall mean all members of the community with an
interest in the successful implementation of the TCC program
participating in the application, submission and implementation of
TCC grant funds, including but not limited to the Implementation
Committee, Outreach and Oversight Committee, and the
Community Engagement Collaborative.
f. Except as otherwise defined herein, all capitalized terms shall be as
defined in the TCC Program Guidelines.
3. TERM. The term of this MOU shall extend for the entirety of the Grant
Term. This MOU shall remain in effect until all rights, duties and
responsibilities of the parties are exhausted, except those provisions, by
which the express terms or nature and context are intended to survive
termination or expiration of this MOU.
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4. COLLABORATIVE STAKEHOLDER STRUCTURE.
a. Structure. The Collaborative Stakeholder Structure (CSS) will
facilitate Stakeholder participation in the implementation of the TCC
Proposal and includes the Lead Applicant, Partners, Outreach &
Oversight Committee and local Fresno community stakeholders.
The roles and responsibilities of each of these parties are described
below and shown in Exhibit A.
b. City of Fresno as the Lead Applicant is tasked with the
responsibility of implementing the Grant Agreement with the
Strategic Growth Council which includes compiling and submitting
all invoices and reporting documents; monitoring transformative
requirements, implementing the transformative plans which include
community engagement, workforce development and displacement
avoidance; serving as the primary fiscal agent; ensuring a fair,
transparent, accountable, and participatory implementation
process; and ensuring continuation of the public participation
process structure of the CSS, including public meetings, public
website, channels for receiving public comment via email, phone
and in person.
C. Partners. Partners shall be responsible for implementation of the
transformative requirements and Project delivery, as well as
evaluation and reporting for individual Projects.
i. Ensure delivery of Projects in accordance with Program
Guidelines and Grant Agreement.
ii. Monitoring Transformative Requirements and indicator
tracking and reporting.
iii. Providing Project-related information and data to the Third-
Party Evaluator to identify additional indicators for tracking
and monitoring based on selected Project types.
d. Outreach and Oversight Committee. The Outreach and Oversight
Committee is an advisory committee that shall be a resource for
community collaboration and feedback, provide overall guidance on
implementation and the transformative plans, and material changes
to the Projects including major budget or programmatic changes.
i. The Outreach and Oversight Committee is made up of
sixteen Committee Members (Members) represented by four
members from Chinatown, four members from Downtown
and eight members from Southwest Fresno.
ii. Current and replenishment Members are required to live,
work, or own property in the Transform Fresno Community
area as depicted in Exhibit B; cannot be a Partner; and must
have held eligible voter status on the former Community
Steering Committee,. Members will be required to disclose
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any financial interests in Projects or Partner agencies
through a conflict of interest disclosure substantially similar
to the form set forth in Exhibit D. Member vacancies will be
filled through nominations submitted to the Outreach &
Oversight Committee via a publicly advertised processed
including but not limited to posting on the dedicated
publically accessible website, flyers at community events
and through communications efforts by the Outreach &
Oversight Committee Members. Nominations will be
reviewed for community leadership with preference given to
Community Area residents, Community based groups,
religious institutions, advocates, business owners, and
community development corporations. Nominations will be
voted on by existing Members based on a majority vote and
appointments will be confirmed by the Mayor. The Mayor
shall also appoint a Chair who will be responsible for
facilitating the Committee meetings.
iii. Members will serve a two year term but are eligible for
reelection in accordance with the nomination and
appointment process.
5 COMMUNITY OUTREACH. The Lead Applicant shall be responsible for
organizing all committee meetings in coordination with the Outreach &
Oversight Committee Members and Partners and according to the
Community Engagement Plan of the Transform Fresno project.
a. Communication
i. The Lead Applicant shall maintain a publicly accessible
website with regular updates and information about both the
overall grant program and all individual projects. The
website shall include a section which provides the public
opportunity to submit feedback or request information
through an online contact form. All requests received by the
Lead Applicant via the website online contact form will be
responded to within 48 hours.
ii. The Lead Applicant shall maintain a dedicated phone
number and email address. All requests received via the
phone number and email address will be responded to within
48 hours.
iii. The Lead Applicant will establish a list of media outlets and
contacts, and public places in consultation with the
Outreach& Oversight Committee for distribution of materials
and information for the public.
b. Meetings;
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i. Outreach & Oversight Committee Meetings: The Outreach &
Oversight Committee shall set its meeting schedule to
include open sessions on a quarterly basis that will be open
to the public, held in ADA accessible locations in the project
area and at times which are convenient to the public.
Members of the Outreach & Oversight Committee and
Partners will facilitate and are required to attend all quarterly
meetings. The Quarterly meetings are a forum for
community members and Stakeholders to receive verbal and
written progress reports on implementation, project updates,
and discuss questions, concerns, suggestions and
comments about the TCC program.
ii. Input from community members received in writing at the
Quarterly meeting will be evaluated through the Outreach &
Oversight Committee and reported back via the monthly
newsletter and publically accessible website.
iii. The Lead Applicant shall post agendas and meeting
information on its publicly accessible website at least
seventy-two hours before the convening of any public
meeting and provide paper copies for attendees. Distributed
materials for the Transform Fresno process are available
upon request in paper format.
iv. Meeting minutes for quarterly meetings shall be made
accessible for public review within 10 business days of
meeting date.
V. Videos of each quarterly meeting shall be recorded and
posted on the publicly accessible website within 10 business
days of meeting date.
vi. Sign in sheets will be created for all quarterly meetings and
made accessible for public review within 10 business days of
meeting date.
vii. Services of an interpreter and additional accommodations
such as assistive listening devices can be made available for
public meetings. Requests for accommodations should be
made more than five working days but no later than 48 hours
prior to the scheduled meeting/event by contacting the Lead
Applicant.
6. TRANSPARENT DECISION-MAKING PROCESS AND PROCESS FOR
INVOLVING COMMUNITY REPRESENTATIVES IN DECISION MAKING.
a. The Outreach & Oversight Committee shall collaborate and
facilitate community input, including specified community groups
during the administration of the Grant Program. The community
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shall have a permanent and ongoing opportunity to provide
feedback to the Outreach & Oversight Committee. The Outreach &
Oversight Committee will provide overall guidance on
implementation and the transformative plans but specifically on
material changes to the Projects including material budget or
programmatic changes. The Lead Applicant and all impacted
Partners must consider in good faith the recommendations from the
Outreach & Oversight Committee. It is the goal, but not a
requirement, of the process to have the majority of
recommendations or advisory statements to be supported by the
majority of the Outreach & Oversight Committee members.
7. ADHERENCE TO REQUIREMENTS:
a. Changes, additions, alterations and all other material changes to
the Collaborative Stakeholder Structure , Transform Fresno Project,
and TCC Funding activities such as the Transformative Plans will
be processed in accordance with the terms of the TCC Program
Guidelines and Master Grant Agreement,
8. DISPUTE RESOLUTION -
a. Disputes which arise out of the implementation of the projects will
be facilitated by the Lead Applicant in consultation with the
Outreach & Oversight Committee. Any material changes resulting
from the disputes will be processed in accordance with Section 7
above.
9 LEGAL AND FINANCIAL CONSIDERATIONS.
a. Fiscal Agent. The Fiscal Agent shall be the City. The City shall
maintain legal, fiscal, and fiduciary responsibilities, including
managing grant funds in accordance with State regulations, policies
and guidelines. The City is responsible for the development and
submission of all reports to the State and additional funding
agencies, bookkeeping, accounting, and grant compliance services.
The Lead Applicant will enter in a Master Grant Agreement with
SGC which details the processes for the aforementioned
considerations, the Lead Applicant will enter into Pass-Through
agreements with each Partner to pass through necessary
requirements from the SGC.
10. NONDISCRIMINATION. To the extent required by controlling federal,
state and local law, the Lead Applicant, Partners, and Outreach &
Oversight Committee (Parties) 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
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or veteran of the Vietnam era. Subject to the foregoing and during the
performance of this Agreement, the Consultant agrees as follows:
a. The Parties will comply with all applicable laws and regulations
providing that no person shall, on the grounds 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 be excluded from participation in, be denied the
benefits of, or be subject to discrimination under any program or
activity made possible by or resulting from this Agreement.
b. The Parties will not discriminate against any employee or applicant
for employment because 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. The
Parties shall ensure that applicants are employed, and the
employees are treated during employment, without regard to their
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. Such requirement shall apply to the
Parties' employment practices including, but not be limited to, the
following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training,
including apprenticeship. The Parties agrees to post in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provision of this
nondiscrimination clause.
11 COUNTERPARTS. This MOU may be executed in counterparts, each of
which when executed and delivered will be deemed an original, and all of
which together will constitute one instrument. The execution by any party
hereto will not become effective until counterparts hereof have been
executed by all parties hereto.
[SIGNATURE PAGES TO FOLLOW]
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
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"Lead Applicant"
CITY OF FRESNO,
A California municipal corporation
By
OvyManuager
an-S ec
APPROVED AS TO FORM: DOUGLAS T.
SLOAN
City Attorney
By:
Tracy N. P nian Date
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, MMC CRM
City Clerk
By: ,A
De put !rr
J C*.411�OY-\
Addresses: CITY:
City of Fresno
Attention: Courtney Espinoza
Program Implementation Manager - Transform Fresno
City Manager's Office
2600 Fresno Street
Fresno, CA 93721
Phone: (559) 621-7913
FAX: (559) 457-1541
"Partner"
EARLY READERSSPPRES HOOL
By: ? I
Name: Jim Tate Hill
Title: CEO
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
EARLY READERS PRESCHOOL
Attention: Jim Tate Hill, CEO
105 E. Meyers
Fresno, CA 93706
"Partner"
FOOD COMMONS FRESNO
COMMUNITY CORPORATION
Name: Warren Kinq
Title: President
(If cor on or LLC., Board Chair,
P or V' Pres.)
By:
Name: long Lee
Title: Secrets !Treasurer
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
FOOD COMMONS FRESNO
COMMUNITY CORPORATION
Attention: Warren King, President
202 Van Ness Avenue
Fresno, CA 93721
"Partner"
FRESNO AREA WORKFO CE
INVESTMENT CORPOR ION,
A NoM fit rp ration
By:
Name: Blake Konczal
Title: Chief Executive Officer
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
FRESNO AREA WORKFORCE
INVESTMENT CORPORATION
Attention: Blake Konczal
Chief Executive Officer
2125 Kern Street, Suite 208
Fresno, CA 93721
Phone: (559) 490-7102
FAX: (559) 490-7199
"Partner"
FRESNO ECONOMIC OPPORTUNITIES
COMMISSIO
By:
Name: Brian Angus
Title: Chief Executive Officer
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
FRESNO ECONOMIC OPPORTUNITIES
COMMISSION
Attention: Brian Angus
Chief Executive Officer
1920 Mariposa Mall, Suite 300
Fresno, CA 93721
"Partner"
FRESNO METRO BLACK CHAMBER
FOUNDAT
By:
Name: Tara nn a
Title: Chief Executive Officer
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
FRESNO METRO BLACK CHAMBER
FOUNDATION
Attention: Tara Lynn Gray
Chief Executive Officer
1444 Fulton Street, Suite 206
Fresno, CA 93721
"Partner'
FRESNO METRO MINISTRY
By:
Name: Keith_Bergthold
Title: Executive Director
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name:
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
FRESNO METRO MINISTRY
Attention: Keith Bergthold
Executive Director
4270 N. Blackstone Ave., #212
Fresno, CA 93726
"Partner"
GRID ALTERNATIVES CENTRALL
VALLEY
Name: Tom Esqueda
Title: Executive Director
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By: - -
Name: Al Galvez
Title: Board President
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Jesse Arreguin, Development Officer
Partner:
GRID ALTERNATIVES CENTRAL
VALLEY
Attention: Tom Esqueda
Executive Director
4140 N. Brawley Avenue, Suite 108
Fresno, CA 93722
i
"Partner"
HOUSING AUTHORITY OF THE CITY OF
FRESNO, CA
By: 40
Name: Preston Prince
Title: CEO/Executive Director
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By-
Name.-
Title-
(if corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
HOUSING AUTHORITY OF THE CITY OF
FRESNO, CALIFORNIA
Attention: Preston Prince
CEO/Executive Director
1331 Fulton Street
Fresno, CA 93721
Phone: (559) 443-8475
"Partner"
SELF-HELP ENTER ES
B
Name: Thomas J. Collishaw
Title: President/CEO
(If corporation or LLC., Board Chair,
Pr/erF Vice Pre }
By: cG
Name: Kathryn L.Long-Pence
ie Ei
Title:
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
SELF-HELP ENTERPRISES
Attention: Thomas J. Collishaw
President/CEO
P.O. Box 6520
Visalia, CA 93290
"Partner"
STATE CENTER COMMUNITY
COL GE DISTRICT
By:
Name: Christine Miktarian
Title: Vice Chancellor,_ Operations and
Information Systems
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
Partner:
State Center Community College District
Attention: Christine Miktarian
1525 East Weldon
Fresno, CA 93704
Phone: (559) 244-5900
"Partner"
USGBC-Central Qalifornia
By: �,-Z/�Zz
Name: Laura Gromis
Title: Executive Director
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By: �Vl,
Name: Mayuko Russell
Title: T*easuw &-e-�eUp
(If corporation or LLC:;CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
USGBC-Central California
Attention: Laura Gromis
Executive Director
2911 E. Barstow Ave, M/S OF 144
Fresno, CA 93740
"Partner"
YOUTH T OJ
By:
Name: Joseph Williams
Title: Chief Executive Officer
(If corporation or LLC., Board Chair,
Pres. or Vice Pres.)
By:
Name-
Title,
(If corporation or LLC., CFO,
Treasurer, Secretary or Assistant
Secretary)
REVIEWED BY:
Partner:
YOUTH ACTION PROJECT
Attention: Joseph Williams
Chief Executive Officer
696 S. Tippecanoe
San Bernardino, CA 92408
Phone: (909) 754-1068
EXHIBIT A
COLLABORATIVE STAKEHOLDER STRUCTURE
TRANSFORM FRESNO
Collaborative Stakeholder Structure
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A&V
[an swhti6i�u era GOALS
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EXHIBIT B
COMMUNITY AREA MAP
Transform Fresno Community Area
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Legend
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!--'J Downtown Neighborhoods Community Plan
Fulton Corridor Specific Plan
Southwest Fresno Spedfic Plan
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EXHIBIT C
LIST OF PARTNERS
Pro t# Project Name _ Agency
Chinatown Mixed-Use Project @ HSR West Entrance (Fresno Fresno Housing
2 Housing Authority) Authority
11 Chinatown PBID City of Fresno
Fresno Economic
EOC Partnership for Energy savings and GHG reductions in SW Opportunities
12 Fresno Commission
13 GRID Alternatives Solar Renewable Energ Project _ GRID Alternatives
Fresno Metro Black
19 Clean Shared Mobility Network Chamber of Commerce
22 Annadale Mode Shift Project Self Help Enterprises
City of Fresno
Transportation
23 TCC Connector Project Department
MLK Activity Center Street Improvements
24 Southwest Offisite Improvements City of Fresno
28 -Mariposa Plaza _ Ci of Fresno
Early Readers
29 Clean Ener Park & Play— Urban Greening & Playground PreSchool
30 Changing Lives with Trees in SW Fresno City of Fresno
Yosemite Village Permaculture Community Garden and Urban
31 Farm Incubator Fresno Metro Ministries
E 32 Park_@ MLK Magnet Core City of Fresno
Fresno Economic
Opportunit
33 Inside Out Community Garden Commission
s
34 Groceiry Store, Distribution Center and Community Orchard Fresno Food Commons_
State Center
Community College
35 Fresno City College —West Fresno Satellite District
West Fresno Advanced Transportation Technology Training Fresno Area Workforce
36 Program Investment Corporation
West Fresno Family
37 VOICE Gladiator Program Resource Center
16 & 27 Chinatown Urban Greening__ City of Fresno
City of Fresno and
USGBC Central
15 Southwest Fresno Urban Greening LCalifornia