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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 1 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. 2 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 3 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; 4 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 5 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 6 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. 7 "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 rur,li�u:� A&V [an swhti6i�u era GOALS 4 1 EXHIBIT B COMMUNITY AREA MAP Transform Fresno Community Area A NO iF r� 3 f i FI J! Legend =� Community Area !--'J Downtown Neighborhoods Community Plan Fulton Corridor Specific Plan Southwest Fresno Spedfic Plan a.we�mw�me T.+.w•t.�..d 4 a..Kww iepwww. w....r.f v tyl.sa m.crw d n�rte. 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