HomeMy WebLinkAboutCentro La Familia Advocacy Services - Grocery Distribution - 2021OoouS�" E"volope ID: 59837040-007E"4700-A11C-800866Cl9J50 GRANT AGREEMENT THIS GRANT AGREEMENT {AGREEMENT) is made and entered Into effective upon execution by both parties (the Effective Date), by and between the CITY OF FRESNO (the City), and CENTRO LA FAMILIA ADVOCACY SERVICES(GRANTEE), to provide funding for grocery distribution to enable compliance with COVID-19 public health precautions and respond to the impacts of the COVID-19 pandemic. RECITALS
WHEREAS, a lack of access to groceries for at-risk individuals and families,
Including: senior citizens, lmmunocompromised, those that have lost their Jobs due to the
COVID-19 pandemic, and/or lack transportation, creates food insecurity Issues for City of
Fresno residents; and
WHEREAS, when at-risk individuals and families have access to food delivery and
grocery distributions they can utilize those services and more easily comply with
COVID-19 public health precautions; and
WHEREAS, GRANTEE represents It desires to and Is professionally and legally
capable of Immediately establishing a food delivery and grocery distribution program for
City of Fresno residents; and
WHEREAS, this Agreement will be administered for the City by its City Manager
or Its designee.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and of the covenants,
conditions, and premises hereinafter contained to be kept and performed by the
respective parties, It is mutually agreed as follows:
1. Scope of Services. GRANTEE shall perform to the satisfaction of the CITY
the services described in Exhibit A, including all work incidental to, or necessary to
perform, such services even though not specifically described In Exhibit A.
2. Grant Amount. City shall provide GRANTEE an amount not to exceed
$250,000 for the services described in Exhibit A, payable in one installment within ten
days of the execution of this Agreement.
3. Term of Agreement and Time for Performance. This Agreement shall be
effective from the Effective Date through March 31 , 2021. The services as described In
Exhibit A are to commence upon the Effective Date and shall be completed prior to
expiration of this Agreement and In accordance with any performance schedule set forth
In Exhibit A.
4.Acquisition of Food. To maximize the pounds of food delivered per dollar of
available funding, the City has pre-negotiated a food box price with the Central California
Food Bank to benefit from the economies of scale offered by the Central California Food
Bank.
(a) The City's pre-negotiated food acquisition cost Is $15 per food box.
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OooJSion Envelope ro: 59831C.().()07E-470�1 tC-80086BC1-9350 (b) The GRANTEE may purchase these food boxes from the Central California Food Bank at the City's pre-negotiated price. (c) The GRANTEE will execute an MOU with the Central California Food Bank to specify the total number of food boxes that will be purchased during the grant period, and the average number of food boxes to be purchased per week during the grant period. (d) GRANTEE shall submit food box orders using the Central California
Food Bank's online order system.
(e) The GRANTEE is not required to purchase food from the Central
California Food Bank if a comparable food acquisitlon option is available to the
GRANTEE.
5. COVID19 Relief Funding. If GRANTEE receives additional resources from
the federal appropriation of COVID19 Relief Funds for food assistance services, the
GRANTEE shall use the COVID19 Relief Funds to supplement the City's food distribution
grant to deliver more food to residents In the City.
6.Amendment to Increase or Decrease Scope of Services: The parties may
modify this Agreement to increase or decrease the scope of services or provide for the
rendition of services not required by this Agreement, which modification may include an
adjustment to GRANTEE's compensation, Any change In the scope of services must be
made by written amendment to the Agreement signed by an authorized representative
for each party. GRANTEE shall not be entitled to any additional compensation if services
are performed prior to a signed written amendment.
7. Termination. Remedies. and Force Majeure.
(a) This Agreement shall terminate without any liability of the City or to
GRANTEE upon the earlier of: (i) GRANTEE filing for protection under the federal
bankruptcy laws. or any bankruptcy petition or petition for receiver commenced by a third
party against GRANTEE: (ii) seven calendar days prior written notice with or without
cause by the City to GRANTEE; (Ill) the City's non-appropriation of funds sufficient to
meet its obligations hereunder during any City fiscal year of this Agreement, or Insufficient
funding for the Project: or (Iv) expiration of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
GRANTEE shall (I) Immediately stop all work hereunder; (ii) immediately cause any and
all of Its subcontractors to cease work; and (Iii) return to the City any and all unearned
payments and all properties and materials In the possession of GRANTEE that are owned
by the City. Subject to the terms of this Agreement, GRANTEE shall be paid
compensation for services satisfactorily performed prior to the effective date of
termination. GRANTEE shall not be paid for any work or services performed or costs
Incurred which reasonably could have been avoided.
(c) In the event of terminallon due to faflure of GRANTEE to satisfactorily
perform fn accordance with the terms of this Agreement, the City may withhold an amount
that would otherwise be payable as an offset to, but not in excess of, the City's damages
caused by such failure, In no event shall any payment by the City pursuant to this
Agreement consUtute a waiver by the City of any breach of this Agreement which may
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DoeoSlgn Envetopo 10: 59337040-007E-470CM1 IC-BDO�BCl9350 appearance of a conflict of interest, GRANTEE shall Immediately notify the City of these facts in writing. (c) In performing the work or services to be provided hereunder, GRANTEE shall not employ or retain the services of any person while such person either is employed by the City or is a member of any City council, commission, board, committee, or similar City body. This requirement may be waived In writing by the City Manager, if no actual or potential conflict Is involved. (d)GRANTEE represents and warrants that it has not paid or agreed to
pay any compensation. contingent or otherwise, direct or Indirect, to solicit or procure this
Agreement or any rights/benefits hereunder.
(e)Neither GRANTEE, nor any of GRANTEE subcontractors performing
any services on this Project, shall bid for. assist anyone in the preparation of a bid for. or
perform any services pursuant to, any other contract In connection with this Project unless
fully disclosed to and approved by the City Manager, In advance and in writing.
GRANTEE and any of Its subcontractors shall have no interest, direct or indirect, In any
other contract with a third party in connection with this Project unless such Interest Is in
accordance with all applicable law and fully disclosed to and approved by the City
Manager, In advance and in writing. Notwithstanding any approval given by the City
Manager under this provision. GRANTEE shall remain responsible for complying with
Section 10(b), above.
(f) If GRANTEE should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, GRANTEE shall Include the
provisions of this Section 10 in each subcontract and require its subcontractors to comply
therewith.
Agreement.
(g) This Section 1 O shall survive expiration or termination of this
13. General Terms.
(a) Except as otherwise provided by law, all notices expressly required
of the City within the body of this Agreement, and not otherwise specifically provided for,
shall be effective only if signed by the City Manager or designee.
(b) Records of GRANTEE expenses pertaining to the Project shall be
kept on a generally recognized accounting basis and shall be available to the City or its
authorized representatives upon request during regular business hours throughout the
life of this Agreement and for a period of three years after final payment or. If longer, for
any period required by law.
In addition, all books, documents, papers. and records of GRANTEE
pertaining to the Project shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. If any litigation, claim,
negotiations, audit. or other action is commenced before the expiration of said time
period, all records shall be retained and made available to the City until such action is
resolved, or until the end of said time period whichever shall later occur. If GRANTEE
should subcontract all or any portion of the services to be performed under this
Agreement, GRANTEE shall cause each subcontractor to also comply with the
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OocoSlgn Envelope lO: 59B370C�7E-470D-A 11C-80085BC19JW EXHIBIT A SCOPE OF WORK FOOO OISTRIBUTION SERVICES COST ALLOCATION PLAN GRANTEE shall provide food acquisition, packaging, and distribution services to deliver emergency food boxes to low-income and n,ed-lncome re,ldents living In Southwest Fresno, west of the CA 99. The funding allocatlon for Food Oistributlon Services shall be a, follows: Cost Item Grant Allocation CLFA-labor $35,147
CLFA -Equipment, Materials, $7,658
Supoli"s
CLFA· Food Acquisition $57,195
Sub partners (Cultiva La Salud, $135,000
Cornerstone Community Care
Foundation, Asian Business
Institute Resource Center)
@SS0,000 minus 10% fiscal Agent
fee
Fiscal Aoent Fee $15,000
Total $250,000
FOOO DISTRIBUTION PLAN
GRANTEE shall prepare a sample menu for the emergency food boxes to be prepared for low-Income
and fixed Income residents living In Southwest Fresno, west of CA 99. The GRANTEE estimates that the
available funding will allow for 6,000 emergency rood bo,es to be delivered to low-income and fixed
income residents living In Southwest Fresno, west of CA 99,
GRANTEE shall prepare a food distribution plan that targets low-income and fixed Income City of Fresno
residents living in Southwest Fresno, west of the CA 99. The food distribution plan shall be submitted 10
the City prior to starting food dl,1rlbutlon services.
GRANTEE shall prepare and submit monthly reports specifying the number of emergency food boxes
delivered to low-Income and fixed Income City of Fresno residents living In Southwest Fre,no, west of
the CA 99. The report shall specify total number of emergencv food boxes deliver by Z.lp Code.
FOOD ACQUISITION PLAN
To maximize the pounds of food delivered per dollar of available funding, the City has pre-negotiated a
food box price with the Central California Food Bank to benefit from the economies of scale offered by
the Central California Food Bank.
1. The City's pre-negotiated food acquisition cost Is $15 per rood box.
2. The GRANTEE may purchase these food boxes from the Central California Food Bank at the City's
pre-negotiated price.
3. The GRANTEE will execute an MOU with the Central California Food Bank to specify the total
number of food boxes that will be purchased durln& the grant period, and the average number of
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OoouSlgn Envei-10: 598370<0--007E�700sA11C-800868C19350 food bo,es to be purchased per week during the grant period. 4, GRANTEE shall submit food box orders using the Central California food Bank's online order system. 5. The GRANTEE Is not required to purchase food from the Central California Food Bank if a comparable food acquisition optlon ls available to the GRANTEE. DocuSign Envelope ID: DD135DB9-6600-4015-8058-72E9FDE47D03
DocuSign Envelope ID: 598-37040-007E__.700,.A 11C•BO086BC19350 EXHIBIT B INSURANCE REQUIREMENTS GRANT AGREEMENT (a)Throughout the life of this Agreement, GRANTEE shall pay for and maintain In full force and effect all Insurance as required herein with an insurance company(les) 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 Gulde. or (ii) as
may be authorized in writing by CITY'S Risk Manager or designee at any time and in
his/her sole discretion. If the GRANTEE is self-insured, the following requirements will
outline the responsibility or the self-insured coverage. The required policies of Insurance
as staled herein shall maintain limits of liability of not less than those amounts stated
therein. However, the Insurance limits available to CITY and STATE and each of their
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 Agreement or any extension, GRANTEE
fails to maintain any required insurance in full force and effect, all services and work under
this Agreement shall be discontinued immediately, and all payments due or that become
due lo GRANTEE 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 Agreement. No action taken by CITY
pursuant to this section shall in any way relieve GRANTEE of Its responsibilities under
this Agreement. The phrase "fall 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 GRANTEE shall not be deemed to
release or diminish th!) liability of GRANTEE, Including, without limitation, liability under
the Indemnity provisions of this Agreement. The duty to indemnify CITY and STATE by
GRANTEE 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 GRANTEE. Approval or purchase of any insurance
contracts or policies shall in no way relieve from liability nor limit the liability of GRANTEE,
vendors, suppliers, invitees, consultants, medical professionals, subcontractors,
consultants, 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 00 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-
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OocuStgn Env� JO; 69337040-007E...t700-A11C·800868C193SO owned equipment), products and completed operations, and contractual liability (Including, without limitation, indemnity obligations under the Agreement) with limits of liability not less than those set forth under "Minimum Limits of Insurance." 2. The most current version of ISO •commercial 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 fem, and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1-Any Auto).
3. Workers' Compensation Insurance as required by the State of California
and Employer's Liability Insurance.
4. Professional Liability Including Abuse & Molestation Insurance that insures
against liability arising out of the bodily injury, personal injury, Including
mental anguish, and third-party property damage occurring because of the
wrongful or negligent acts attributable to the Institution. The Abuse &
Molestation coverage should protect against a wide range of potential
claims, Including but not limited to sexual molestation and other sexual
misconducts.
MINIMUM LIMITS OF INSURANCE
GRANTEE shall procure and maintain for the duration of the contract Insurance with limits
of liability not less than those set forth below. However, insurance limits available to CITY
and STATE and each of their 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 LI.ABILITY:
(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 Agreement.
2. COMMERCIAL AUTOMOBILE LIABILITY:
3.
4.
5.
$1,000,000 per accident for bodily Injury and property damage.
WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
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.
PROFESS IONAL LIABIL ITY (Abuse & Molestation):'
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UMBRELLA OR EXCESS INSURANCE
DEDUCTIBLES AND SELF-INSURED RETENTIONS
OTHER INSURANCE PROVISIONS/ENDORSEMENTS
A// policies in svrence
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OowS,gn Eovolopt 10: S9637040--007E-,HOO-A 11C-BD0868C19350 shall establish additional Insured status for the CITY and STATE for all ongoing and completed operations under the Commercial General Liability policy by use of ISO Forms or an executed manuscript insurance company endorsements providing additional Insured status. The Commercial General endorsements must be as broad as that contained in ISO Forms: GC 201011 85or both CG2010& CG 20 37. (Iv) The Commercial General and Automobile Liability Insurance shall contain,
or be endorsed to contain, that the GRANTEE'S Insurance shall be primary
to and require no contribution from the CITY or STATE. The Commercial
General Liability policy Is required to include primary and non-contributory
coverage in favor of the CITY and STA TE for both the ongoing and
completed operations coverage. These coverages shall contain no special
limitations on the scope of protection afforded to CITY and ST A TE and each
of their officers. officials, employees. agents, and volunteers. If GRANTEE
maintains higher limits of liability than the minimums shown above. CITY
and ST A TE requires and shall be entitled to coverage for the higher limits
of liability maintained by GRANTEE.
(v) 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.
(vi) For any claims related to this Agreement. GRANTEE'S Insurance coverage
shall be primary insurance with respect to the CITY and STATE and each
of their officers, officials, agents, employees, and volunteers. Any insurance
or self-insurance maintained by the CITY and STATE and each of their
officers, officials, agents, employees and volunteers shall be excess of the
GRANTEE'S Insurance and shall not contribute with It.
(vii) The Workers' Compensation Insurance policy shall contain, or be endorsed
to contain, a waiver of subrogation as to CITY and STATE and each of their
officers, officials, agents, employees, and volunteers.
(viii) The Commercial General and Automobile Liability Insurance policies shall
contain, or be endorsed to contain, a waiver of subrogation as to CITY and
STATE and each of their officers, officials, agents, employees, and
volunteers.
If the Professional Uability (Abuse & Molestation) insurance policy Is written on a claims
made form:
1. The retroactive date must be shown, and must be before the effective date
of the Agreement or the commencement of work by GRANTEE.
2. Insurance must be maintained and evidence of insurance must be provided
for at least five years after completion of the Agreement work or termination
of the Agreement, whichever occurs firs!, or, In the alternative, the policy
shall be endorsed to provide not less than a five (5) year discovery period.
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