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MEMORANDUM 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 CITY OF MENDOTA, a California municipal corporation.
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; and
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); and
WHEREAS, upon award of grant funds and entry by Agency into a grant agreement with BSCC, consistent with the Program, Agency intends through its Police Department (FPD) to work in partnership with City of Mendota for the purpose of providing supervision and management of Purpose Area 1: Youth Development/Youth Prevention and Intervention, and Purpose Area 3: Public Safety, to assist qualified participants of the City’s Community Outreach program who would benefit from a youth development, prevention and intervention program; and
WHEREAS, Agency and City of Mendota believe that implementation of the Program as described herein will further the above goals and t o 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:
1. PARTICIPATING AGENCIES AND DESIGNATED CONTACT PERSONS
Agency: AGENCY:
Fresno Police Department City of Mendota
Support Division Cristian Gonzalez, City Manager
Mindy Casto, Deputy Chief 643 Quince Street
2323 Mariposa Mall Mendota, CA 93640
Fresno, CA 93721
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2. ROLES AND RESPONSIBILITIES
A. FPD, subject to all applicable constitutional and local law requirements, shall act as the lead agency in coordinating the activities of the Prop 64 Grant program for a collaborative approach that effectively targets youth development/youth prevention and intervention programs. FPD, through the Prop 64 Grant program, will be responsible for the following:
1. Hire a Community Services Officer (CSO) to facilitate and administer the city approved public outreach and educational program for youth organizations and educational institutions that outlines the risks o f youth use of cannabis, and that ident ifies resources available to youth related to drugs and drug addiction.
2. Participate and lead neighborhood watch meetings in those districts requesting education on the impacts of legalization of cannabis.
3. Perform community outreach at various schools, and other duties as assigned.
4. Conduct enforcement and inspections on businesses not in compliance or those businesses operating on the black market.
5. Will be responsible for performing site monitoring visits of the partnering agencies to ensure com pliance with the grant guidelines, meeting coordination with service providers and advisory boards, and community meetings as well as budget development and implementation.
6. Will be responsible for all program related performance measures and data input for quarterly progress reporting.
B. Through the Prop 64 Grant program, City of Mendota will have direct oversight of the strategy development and implement of the Program in collaboration with the Fresno Economic Opportunities Commission (FEOC), Boys & Girls Club of Fresno County and the Fresno Police Department. The City of Mendota will be responsible for the following:
1. Hire two Community Services Officers to build relationships and trust in the community.
2. Hire two Administrative Assistant I’s for the administrative components of the grant (progress reports).
3. Utilize .5 FTE Mendota K9 Officer for community engagement and enforcement when needed.
4. Purchase a K-9 to assist with enforcement.
5. Host one community meeting per month
6. Provide training to new K9 and CSOs
7. Conduct public outreach and events to raise awareness about the illegal cannabis market.
8. Maintain a record of all activities , a daily time sheet or act ivity report , in accordance with the Grant guidelines and reporting requirements.
9. Provide direction and intervention strategies for the project with all partners to facilitate the case management of the participants.
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C. Staff of the FPD Street Violence Bureau will coordinate directly with City of Mendota to discuss strategies, timetables and imp lementation 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 City of Mendota solely from allocated and available Program Grant funds for eligible costs incurred by Mendota in pursuit hereof, in an amount not to exceed $452,510 over the three -year performance period of the Prop 64 grant program 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.
C. Payment shall be contingent upon Agency’s receipt of an undisputed invoice and any reports and substantiation materials required by Agency.
D. If the City of Mendota 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. City of Mendota acknowledges and agrees that continued funding is dependent upon satisfactory performance by City of Mendota and availability of State funding. 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.
B. Subject to the foregoing, the term of the MOU is for a 36-month funding cycle Program commencing May 1, 2021, and ending April 30, 2024.
C. Notwithstanding the foregoing, th is MOU shall automatically be suspended or terminated upon Agency’s written notice thereof to City of Mendota 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) City of Mendota’s illegal or improper use of funds, (iv) City of Mendota’s failure to comply with any term of this MOU, (v) City of Mendota’s submittal of any substantially incorrect or incomplete itemized invoice required for reimbursement, (vi) City of Mendota’s failure to comply with grant guidelines
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in the BSCC Recipient Handbook, or (vii) City of Mendota ’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 s of the program to reduce their specific risk factors for youth substance use and addiction, thereby promoting healthy behaviors and environments.
6. RESOURCES
A. FPD will do the following:
• Establish a roundtable of representatives from all grant partners to meet at minimum on a semi-annual basis; and
• Establish protocols in addressing concerns related to the legalization of cannabis within the cities of Fresno and Mendota.
B. City of Mendota will provide the resources outlined in Section 2(B), above.
7. RECORDKEEPING AND PERFORMANCE DATA
A. City of Mendota shall document all services provided to participants and maintain individual participant's service records and case files in a secure location with access limited to appropriate staff to ensure that confidentiality and safety is maintained and protected. City of Mendota shall ensure compliance with HIPAA requirements.
B. City of M endota shall provide any monthly and quarterly reports, and any certifications as required by Agency, in accordance with the grant guidelines and specified time frames as outlined in Exhibit B.
C. ln the event of termination, the non-confidential reports prepared by City of Mendota shall be immediately turned over to Agency by the City of Mendota.
8. FINANCIAL REPORTING, AUDITING AND DOCUMENT RETENTION
A. City of Mendota shall submit a monthly or quarterly invoice to FPD for the eligible expenses incurred for Program. Billing documentation shall include the following:
• A breakdown of expenditures by cost category;
• Supporting documentation of all costs includ ing payroll registers, general ledgers and checks as requested by Agency; and
• Time sheet documentation for grant funded staff position.
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B. City of Mendota 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 (“ DOJ”) funds awarded for the same or similar purposes or programs. City of Mendota 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 City of Mendota’s 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/or 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, doc uments, papers, and records of City of Mendota 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. City of Mendota also understands and agrees that Agency, BSCC, DOJ and/or the GAO are authorized to interview any officer or employee of City of Mendota regarding transactions related to this MOU.
9. COMPLIANCE WITH GOVERNING LAW AND GRANT AGREEMENT
A. City of Mendota 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. City of Mendota 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. City of Mendota 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 th e requirements thereunder.
B. The services provided by City of Mendota under this MOU are over and above City of Mendota’s budgeted positions. The parties agree that Grant funds shall not be used to replace funds of, or positions otherwise funded by, City of Mendota.
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. City of Mendota shall allow access to Agency, BSCC and any of their representatives for any onsite assessments.
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E. By signing this MOU, City of Mendota 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) City of Mendota will adhere to Federal Executive Order 12549, Debarment and Suspension; and (iii) neither City of Mendota, nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in th e MOU by any Federal department or agency. City of Mendota shall complete and submit to Agency all applicable forms required by the Grant Agreement.
F. Drug-Free Workplace Certification: City of Mendota shall comply with the Drug-Free 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. City of Mendota 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, City of Mendota 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 City of Mendota will:
(a) Publish a statement notifying empl oyees 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 Dru g-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 City of Mendota 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 o ther 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 , City of Mendota must refer the discovery or invention to BSCC. Determination of rights to
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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 i rrevocable, 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 CITY OF MENDOTA
A. In the furnishing of the services provided for herein, City of Mendota is acting solely as an independent contractor. Neither City of Mendota, nor any of its officers, agents or employees shall be deemed an officer, agent, employee, joint venturer, partne r or associate of Agency for any purpose. Agency shall have no right to control or supervise or direct the manner or method by which City of Mendota shall perform its work and functions. However, Agency shall retain the right to administer this MOU so as to verify that City of Mendota is performing its obligations in accordance with the terms and conditions thereof.
B. This MOU does not evidence a partnership or joint venture between City of Mendota and Agency. City of Mendota shall have no authority t o bind Agency absent Agency’s express written consent. Except to the extent otherwise provided in this MOU, City of Mendota shall bear its own costs and expenses in pursuit thereof.
C. Because of its status as an independent contractor, City of Mendota and its officers, agents and employees shall have absolutely no right to employment rights and benefits available to Agency employees. City of Mendota 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, City of Mendota shall be solely responsible, indemnify, defend and save Agency harmless from all matters relating to employment and tax withholding for and payment of City of Mendota’ 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, City of Mendota may be providing services to others unrelated to Agency or to this MOU.
11. INSURANCE
A. Throughout the life of this MOU, City of Mendota 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,
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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 ope ration, 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 v ersion 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.
(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. City of Mendota shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and City of Mendota 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, City of Mendota 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, City of Mendota shall file with Agency a new certificate and all applicable endorsements for such policy(ies).
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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 City of Mendota ’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 City of Mendota; (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, City of Mendota 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. City of Mendota shall have furnished Agency with the certificate(s) and applicable endorsements for ALL required insurance prior to Agency’s execution of the MOU. City of Mendota 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, City of Mendota fails to maintain the required insurance in full force and effect, all work under this MOU shal l be discontinued immediately, and all payments due or that become due to City of Mendota 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 City of Mendota shall not be deemed to release or diminish the liability of City of Mendota , 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 a pplicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by City of Mendota. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of City of Mendota , its principals, officers, agents, employees, persons under the supervision of City of Mendota, vendors, suppliers, invitees, consultants, sub -consultants, subcontractors, or anyone employed directly or indirectly by any of them.
I. Upon request of Agency, City of Mendota shall immediately furnish Agency with a complete copy of any insurance policy required under this Agreement, including all
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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 City of Mendota should subcontract all or any portion of the services to be performed under this MOU, City of Mendota 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 City of Mendota and Agency prior to the commencement of any work by the subcontractor.
12. INDEMNIFICATION
A. To the furthest extent allowed by law, City of Mendota 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, City of Mendota 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. City of Mendota ’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 o f its officers, officials, employees, agents or volunteers.
B. If City of Mendota should subcontract all or any portion of the work to be performed under this MOU, City of Mendota shall require each subcontractor to indemnify, hold harmless and defend Age ncy 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.
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 atto rney’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.
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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, a ddressed 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 M OU 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 interpr etation of this MOU and any rights and duties hereunder shall be Fresno County, California.
20. HEADINGS
The section headings in this MOU are for convenience and reference only and shall not be construed or held in any way to explain, modify or add to th e interpretation or meaning of the provisions of this MOU.
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21. SEVERABILITY
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 ge nerally 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, City of Mendota 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. City of Mendota shall carry out applicable requirements of 49 CFR part 26 in the award and administration of contracts hereunder. Failure b y City of Mendota 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 eq ual 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 g enetic 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 or requ est for family medical leave. City of Mendota will not discriminate in the delivery of services or benefits based on the previously identified situations. City of Mendota shall comply with Executive Order 11246 as amended by Executive Order 11375 and supplemented at 41 CFR 60.
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C. City of Mendota 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, CITY OF MENDOTA,
a California municipal corporation a California municipal organization
BY: _____________________________ BY: ___________________________ Paco Balderrama, Chief of Police Cristian Gonzalez, City Manager City of Fresno Police Department City of Mendota
ATTEST: ATTEST:
Todd Stermer Celeste Cabrera-Garcia
City Clerk, City of Fresno City Clerk, City of Mendota
BY: _____________________________ BY: ___________________________ Deputy Date Deputy Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Rina M. Gonzales John Kinsey
Interim City Attorney, City of Fresno City Attorney, City of Mendota
BY: _____________________________ BY: ___________________________ Pauline Brickey Date Name Date
Deputy Deputy
Addresses:
CITY: CITY:
Fresno Police Department City of Mendota
Attention: Paco Balderrama Attention: Cristian Gonzalez Chief of Police City Manager
2323 Mariposa Mall 643 Quince Street
Fresno, CA 93721 Mendota, CA 93640
Attachment:
Exhibit A – Cost Breakdown
Exhibit B – Performance Measures and Timeline
Exhibit C - Grant Agreement
12/7/22
Exhibit A
Proposition 64 Public Health & Safety Grant
City of Mendota
Program Budget
Purpose Budget Year 1 Budget Year 2 Budget Year 3
Community Services
Officers (2) FTE
($22.55 per hour X 936
hours X 3 Years X 2
Officers)
$126,640.00 $0.00 $0.00
Administrative Assistant
I (2) FTE
($20.48 per hour X 936 X 3
years X 2 Assistant I)
$115,015.68 $0.00 $0.00
K-9 Officer (1) .05 FTE
($87.95 X 3 years X 1
Officer)
$3,166.02 $0.00 $0.00
Community Relations
Events
($3,400 per Event X 18
Events)
$20,400.00 $20,400.00 $20,400.00
Community Meetings
($100 per meeting X 1 per
month X 36 meetings)
$1,200.00 $1,200.00 $1,200.00
(1) Drone
$3,350.00 $0.00 $0.00
(2) Hand-held Tablets
(2 X $1,200 per Tablet)
$2,400.00 $0.00 $0.00
K-9 Supplies
($2,500 per year X 3
years)
$2,500.00 $2,500.00 $2,500.00
Professional Services
(Consultant, Legal Service
and Information Service
Fees)
$14,000.00 $0.00 $0.00
Exhibit A
Proposition 64 Public Health & Safety Grant
City of Mendota
Program Budget (Continued)
Purpose Budget Year 1 Budget Year 2 Budget Year 3
Indirect Costs
(10% of total project)
$13,712.00 $13,713.00 $13,712.00
K9 Purchase $12,000.00 $0.00 $0.00
Patrol Vehicle with K9
Signage
$29,000.00 $0.00 $0.00
Data Collection
Enhancement Software
$1,500.00 $0.00 $0.00
Sustainability and
Planning
$10,000.00 $0.00 $0.00
Training and Travel $22,000.00 $0.00 $0.00
Total Annual Budget $ $ $
Total All Budget Years: $452,510.00
Exhibit B
Proposition 64 Public Health and Safety Cohort 2 (Prop 64) Grant City of Mendota
Programmatic Reporting Schedule
Monthly Year 1 Year 2 Year 3
Reporting Period Report Due Report Due Report Due
May 1-31, 2021 June 15, 2021 - -
June 1-30, 2021 July 15, 2021 - -
July 1-31, 2021 August 13, 2021 - -
August 1-31, 2021 September 15, 2021 - -
September 1-30, 2021 October 15, 2021 - -
October 1-31, 2021 November 15, 2021 - -
November 1-30, 2021 December 15, 2021 - -
December 1-31, 2021 January 14, 2022 - -
January 1-31, 2022 February 15, 2022 - -
February 1-28, 2022 March 15, 2022 - -
March 1-31, 2022 April 15, 2022 - -
April 1-30, 2022 May 13, 2022 - -
May 1-31, 2022 - June 15, 2022 -
June 1-30, 2022 - July 15, 2022 -
July 1-31, 2022 - August 15, 2022 -
August 1-31, 2022 - September 15, 2022 -
September 1-30, 2022 - October 14, 2022 -
October 1-31, 2022 - November 15, 2022 -
November 1-30, 2022 - December 15, 2022 -
December 1-31, 2022 - January 13, 2023 -
January 1-31, 2023 - February 15, 2023 -
February 1-28, 2023 - March 15, 2023 -
March 1-31, 2023 - April 14, 2023 -
April 1-30, 2023 - May 15, 2023 -
May 1-31, 2023 - - June 15, 2023
June 1-30, 2023 - - July 14, 2023
July 1-31, 2023 - - August 15, 2023
August 1-31, 2023 - - September 15, 2023
September 1-30, 2023 - - October 13, 2023
October 1-31, 2023 - - November 15, 2023
November 1-30, 2023 - - December 15, 2023
December 1-31, 2023 - - January 15, 2024
January 1-31, 2024 - - February 15, 2024
February 1-29, 2024 - - March 15, 2024
March 1-31, 2024 - - April 15, 2024
April 1-30, 2024 - - May 15, 2024
*Report Due dates in bold indicate those dates where the Due date of the 15th fell on a weekend. Those dates have been adjusted so the report is due on the Friday before the 15th.