HomeMy WebLinkAboutFresno Metropolitan Ministry Service Agreement - 7-21-23 LIUUUoII�f.l I CI IVCIUPU IU. U'i J'}UOJr-I UMW-4U U.`7-OMr4-O J000 VMJ I I r l
SERVICE AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIIS21�AGREEMENT (Agreement) is made and entered into, effective on
by and between the CITY OF FRESNO, a California
municipal corporation (City), and Fresno Metropolitan "Metro"' Ministry, a non-profit
corporation (Service Provider).
RECITALS
WHEREAS, City desires to obtain Community Garden Liaison services for Community
Gardens located at Parks, After School, Recreation and Community Service Department
facilities (Project); and
WHEREAS, Service Provider is engaged in the business of furnishing such services as
a non-profit organization and hereby represents that it desires to and is professionally
and legally capable of performing the services called for by this Agreement; and
WHEREAS, Service Provider acknowledges that this Agreement is subject to the
requirements of Fresno Municipal Code Section 4-107; and
WHEREAS, this Agreement will be administered for the City by its PARCS Director
(Administrator) or 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. Service Provider shall perform to the satisfaction of 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. Term of Agreement and Time for Performance. This Agreement shall be effective
from the date first set forth above (Effective Date) and shall continue in full force
and effect through June 30, 2025, subject to any earlier termination in accordance
with this Agreement. The City may, at its sole discretion, extend the term of the
agreement for two (2), one-year terms. Any extensions shall be provided through
written amendment, duly executed by both parties.
The services of Service Provider as described in Exhibit A are to commence upon
the Effective Date and shall be completed in a sequence assuring expeditious
completion, but in any event, all such services shall be completed prior to
expiration of this Agreement and in accordance with any performance schedule
set forth in Exhibit A.
3. Compensation.
(a) Service Provider's sole compensation for satisfactory performance of all
services required or rendered pursuant to this Agreement and shall not
exceed $40,000 per year, paid on the basis of the rates set forth in the
schedule of fees and expenses contained in Exhibit A. Such fee includes
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all actual expenses incurred by Service Provider in performance of the
services and shall be made on a reimbursement basis.
(b) Detailed statements shall be rendered monthly for services performed in the
preceding month and will be payable in the normal course of City business.
City shall not be obligated to reimburse any expense for which it has not
received a detailed invoice with applicable copies of representative and
identifiable receipts or records substantiating such expense.
(c) 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 shall include an adjustment to Service
Provider'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. Service Provider shall not be entitled to any
additional compensation if services are performed prior to a signed written
amendment.
4. Termination, Remedies—and Force Majeure.
(a) This Agreement shall terminate without any liability of City to Service
Provider upon the earlier of: (i) Service Provider's filing for protection under
the federal bankruptcy laws, or any bankruptcy petition or petition for
receiver commenced by a third party against Service Provider; (ii) seven
calendar days' prior written notice with or without cause by City to Service
Provider; (iii) 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, Service
Provider shall (i) immediately stop all work hereunder; (ii) immediately
cause any and all of its subcontractors to cease work; and (iii) return to City
any and all unearned payments and all properties and materials in the
possession of Service Provider that are owned by City. Subject to the terms
of this Agreement, Service Provider shall be paid compensation for services
satisfactorily performed prior to the effective date of termination. Service
Provider shall not be paid for any work or services performed or costs
incurred which reasonably could have been avoided.
(c) In the event of termination due to failure of Service Provider to satisfactorily
perform in accordance with the terms of this Agreement, City may withhold
an amount that would otherwise be payable as an offset to, but not in excess
of, City's damages caused by such failure. In no event shall any payment
by City pursuant to this Agreement constitute a waiver by City of any breach
of this Agreement which may then exist on the part of Service Provider, nor
shall such payment impair or prejudice any remedy available to City with
respect to the breach.
(d) Upon any breach of this Agreement by Service Provider, City may
(i) exercise any right, remedy (in contract, law or equity), or privilege which
may be available to it under applicable laws of the State of California or any
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other applicable law; (ii) proceed by appropriate court action to enforce the
terms of the Agreement; and/or (iii) recover all direct, indirect,
consequential, economic and incidental damages for the breach of the
Agreement. If it is determined that City improperly terminated this
Agreement for default, such termination shall be deemed a termination for
convenience.
(e) Service Provider shall provide City with adequate written assurances of
future performance, upon Administrator's request, in the event Service
Provider fails to comply with any terms or conditions of this Agreement.
(f) Service Provider shall be liable for default unless nonperformance is caused
by an occurrence beyond the reasonable control of Service Provider and
without its fault or negligence such as, acts of God or the public enemy, acts
of City in its contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common
carriers. Service Provider shall notify Administrator in writing as soon as it
is reasonably possible after the commencement of any excusable delay,
setting forth the full particulars in connection therewith, and shall remedy
such occurrence with all reasonable dispatch, and shall promptly give
written notice to Administrator of the cessation of such occurrence.
5. Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or assembled by Service
Provider pursuant to this Agreement shall not be made available to any
individual or organization by Service Provider without the prior written
approval of the Administrator. During the term of this Agreement, and
thereafter, Service Provider shall not, without the prior written consent of
City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall include all proprietary
and confidential information of City, including but not limited to business
plans, marketing plans, financial information, materials, compilations,
documents, instruments, models, source or object codes and other
information disclosed or submitted, orally, in writing, or by any other medium
or media. All Confidential Information shall be and remain confidential and
proprietary in City.
(b) Any and all writings and documents prepared or provided by Service
Provider pursuant to this Agreement are the property of City at the time of
preparation and shall be turned over to City upon expiration or termination
of the Agreement. Service Provider shall not permit the reproduction or use
thereof by any other person except as otherwise expressly provided herein.
(c) If Service Provider should subcontract all or any portion of the services to
be performed under this Agreement, Service Provider shall cause each
subcontractor to also comply with the requirements of this Section 5.
(d) This Section 5 shall survive expiration or termination of this Agreement.
6. Level of Skill. It is further mutually understood and agreed by and between the
parties hereto that inasmuch as Service Provider represents to City that Service
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Provider and its subcontractors, if any, are skilled in the profession and shall
perform in accordance with the standards of said industry necessary to perform
the services agreed to be done by it under this Agreement, City relies upon the
skill of Service Provider and its subcontractors, if any, to do and perform such
services in a skillful manner and Service Provider agrees to thus perform the
services and require the same of any subcontractors. Therefore, any acceptance
of such services by City shall not operate as a release of Service Provider or any
subcontractors from said industry and professional standards.
7. Indemnification. To the furthest extent allowed by law, Service Provider shall
indemnify, hold harmless and defend City and each of its officers, officials,
employees, agents, and volunteers from any and all loss, liability, fines, penalties,
forfeitures, costs and damages (whether in contract, tort or strict liability, including
but not limited to personal injury, death at any time and property damage), and
from any and all claims, demands and actions in law or equity (including
reasonable attorney's fees and litigation expenses) that arise out of, pertain to, or
relate to the negligence, recklessness or willful misconduct of Service Provider,
its principals, officers, employees, agents, or volunteers in the performance of this
Agreement.
If Service Provider should subcontract all or any portion of the services to be
performed under this Agreement, Service Provider shall require each
subcontractor to indemnify, hold harmless and defend City and each of its officers,
officials, employees, agents, and volunteers in accordance with the terms of the
preceding paragraph.
This section shall survive termination or expiration of this Agreement.
8. Insurance.
(a) Throughout the life of this Agreement, Service Provider shall pay for and
maintain in full force and effect all insurance as required in Exhibit B, which
is incorporated into and part of this Agreement, with an insurance
company(ies) either (i) admitted by the California Insurance Commissioner
to do business in the State of California and rated no less than "A-VII" in the
Best's Insurance Rating Guide, or (ii) as may be authorized in writing by
City's Risk Manager or designee at any time and in its sole discretion. The
required policies of insurance as stated in Exhibit B shall maintain limits of
liability of not less than those amounts stated therein. However, the
insurance limits available to City, its officers, officials, employees, agents,
and volunteers as additional insureds, shall be the greater of the minimum
limits specified therein or the full limit of any insurance proceeds to the
named insured.
(b) If at any time during the life of the Agreement or any extension, Service
Provider or any of its subcontractors fail 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 to
Service Provider shall be withheld until notice is received by City that the
required insurance has been restored to full force and effect and that the
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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 Service Provider of its responsibilities under this
Agreement. The phrase "fail to maintain any required insurance" shall
include, without limitation, notification received by City that an insurer has
commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
(c) The fact that insurance is obtained by Service Provider shall not be deemed
to release or diminish the liability of Service Provider, including, without
limitation, liability under the indemnity provisions of this Agreement. The
duty to indemnify City shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Service
Provider. Approval or purchase of any insurance contracts or policies shall
in no way relieve from liability nor limit the liability of Service Provider, its
principals, officers, agents, employees, or persons under the supervision of
Service Provider, vendors, suppliers, invitees, consultants, sub-consultants,
subcontractors, or anyone employed directly or indirectly by any of them.
(d) Upon request of City, Service Provider shall immediately furnish City with a
complete copy of any insurance policy required under this Agreement,
including all endorsements, with said copy certified by the underwriter to be
a true and correct copy of the original policy. This requirement shall survive
expiration or termination of this Agreement.
(e) If Service Provider should subcontract all or any portion of the services to
be performed under this Agreement, Service Provider shall require each
subcontractor/sub-consultant to provide insurance protection, as an
additional insured, to the City and each of its officers, officials, employees,
agents, and volunteers in accordance with the terms of this section, except
that any required certificates and applicable endorsements shall be on file
with Service Provider and City prior to the commencement of any services
by the subcontractor. Service Provider and any subcontractor/sub-
consultant shall establish additional insured status for City, its officers,
officials, employees, agents, and volunteers by using Insurance Service
Office (ISO) Form CG 20 10 11 85 or both CG 20 10 10 01 and CG
20 37 10 01 or by an executed manuscript company endorsement providing
additional insured status as broad as that contained in ISO Form CG
20 10 11 85.
9. Conflict of Interest and Non-Solicitation.
(a) Prior to City's execution of this Agreement, Service Provider shall complete
a City of Fresno conflict of interest disclosure statement in the form as set
forth in Exhibit C. During the term of this Agreement, Service Provider shall
have the obligation and duty to immediately notify City in writing of any
change to the information provided by Service Provider in such statement.
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(b) Service Provider shall comply, and require its subcontractors to comply,
with all applicable (i) professional canons and requirements governing
avoidance of impermissible client conflicts; and (ii) federal, state, and local
conflict of interest laws and regulations including, without limitation,
California Government Code Section 1090 et. seq., the California Political
Reform Act (California Government Code Section 87100 et. seq.) and the
regulations of the Fair Political Practices Commission concerning disclosure
and disqualification (2 California Code of Regulations Section 18700 et.
seq.). At any time, upon written request of City, Service Provider shall
provide a written opinion of its legal counsel and that of any subcontractor
that, after a due diligent inquiry, Service Provider and the respective
subcontractor(s) are in full compliance with all laws and regulations. Service
Provider shall take, and require its subcontractors to take, reasonable steps
to avoid any appearance of a conflict of interest. Upon discovery of any facts
giving rise to the appearance of a conflict of interest, Service Provider shall
immediately notify City of these facts in writing.
(c) In performing the work or services to be provided hereunder, Service
Provider shall not employ or retain the services of any person while such
person either is employed by 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) Service Provider 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) Service Provider 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, Service Provider shall remain responsible for complying with
Section 9(a), above.
(f) If Service Provider should subcontract all or any portion of the work to be
performed or services to be provided under this Agreement, Service
Provider shall include the provisions of this Section 9 in each subcontract
and require its subcontractors to comply therewith.
(g) This Section 9 shall survive expiration or termination of this Agreement.
10. Recycling Program. In the event Service Provider maintains an office or operates
a facility(ies), or is required herein to maintain or operate same, within the
incorporated limits of the City of Fresno, Service Provider at its sole cost and
expense shall:
(a) Immediately establish and maintain a viable and ongoing recycling
program, approved by City's Solid Waste Management Division, for each
office and facility. Literature describing City recycling programs is available
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from City's Solid Waste Management Division and by calling City of Fresno
Recycling Hotline at (559) 621-1111.
(b) Immediately contact City's Solid Waste Management Division at (559) 621-
1452 and schedule a free waste audit and cooperate with such Division in
their conduct of the audit for each office and facility.
(c) Cooperate with and demonstrate to the satisfaction of City's Solid Waste
Management Division the establishment of the recycling program in
paragraph (a) above and the ongoing maintenance thereof.
11. General Terms.
(a) Except as otherwise provided by law, all notices expressly required of City
within the body of this Agreement, and not otherwise specifically provided
for, shall be effective only if signed by the Administrator or designee.
(b) Records of Service Provider's expenses pertaining to the Project shall be
kept on a generally recognized accounting basis and shall be available to
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 Service Provider 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 City until such action is resolved, or until the end of said time
period whichever shall later occur. If Service Provider should subcontract
all or any portion of the services to be performed under this Agreement,
Service Provider shall cause each subcontractor to also comply with the
requirements of this paragraph. This Section 11(b) shall survive expiration
or termination of this Agreement.
(c) Prior to execution of this Agreement by City, Service Provider shall have
provided evidence to City that Service Provider is licensed to perform the
services called for by this Agreement (or that no license is required). If
Service Provider should subcontract all or any portion of the work or
services to be performed under this Agreement, Service Provider shall
require each subcontractor to provide evidence to City that subcontractor is
licensed to perform the services called for by this Agreement (or that no
license is required) before beginning work.
12. Nondiscrimination. To the extent required by controlling federal, state and local
law, Service Provider 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. Subject to the foregoing and
during the performance of this Agreement, Service Provider agrees as follows:
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(a) Service Provider 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) Service Provider 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. Service Provider 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 Service Provider's
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. Service
Provider agrees to post in conspicuous places, available to employees and
applicants for employment, notices setting forth the provision of this
nondiscrimination clause.
(c) Service Provider will, in all solicitations or advertisements for employees
placed by or on behalf of Service Provider in pursuit hereof, state that all
qualified applicants will receive consideration for employment without
regard to 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.
(d) Service Provider will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or
understanding, a notice advising such labor union or workers'
representatives of Service Provider's commitment under this section and
shall post copies of the notice in conspicuous places available to employees
and applicants for employment.
(e) If Service Provider should subcontract all or any portion of the services to
be performed under this Agreement, Service Provider shall cause each
subcontractor to also comply with the requirements of this Section 12.
13. Independent Contractor.
(a) In the furnishing of the services provided for herein, Service Provider is
acting solely as an independent contractor. Neither Service Provider, nor
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any of its officers, agents, or employees shall be deemed an officer, agent,
employee, joint venturer, partner, or associate of City for any purpose. City
shall have no right to control or supervise or direct the manner or method
by which Service Provider shall perform its work and functions. However,
City shall retain the right to administer this Agreement so as to verify that
Service Provider is performing its obligations in accordance with the terms
and conditions thereof.
(b) This Agreement does not evidence a partnership or joint venture between
Service Provider and City. Service Provider shall have no authority to bind
City absent City's express written consent. Except to the extent otherwise
provided in this Agreement, Service Provider shall bear its own costs and
expenses in pursuit thereof.
(c) Because of its status as an independent contractor, Service Provider and
its officers, agents, and employees shall have absolutely no right to
employment rights and benefits available to City employees. Service
Provider 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 Agreement, Service
Provider shall be solely responsible, indemnify, defend and save City
harmless from all matters relating to employment and tax withholding for
and payment of Service Provider'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 City employment benefits,
entitlements, programs and/or funds offered employees of City 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
Agreement, Service Provider may be providing services to others unrelated
to City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party under the terms
of this Agreement shall be in writing and shall be deemed to be duly given if
delivered personally, transmitted by facsimile followed by telephone confirmation
of receipt, or sent by United States registered or certified mail, with postage
prepaid, return receipt requested, addressed to the party to which notice is to be
given at the party's address set forth on the signature page of this Agreement or
at such other address as the parties may from time to time designate by written
notice. Notices served by United States mail in the manner above described shall
be deemed sufficiently served or given at the time of the mailing thereof.
15. Binding. Subject to Section 16, below, once this Agreement is signed by all parties,
it shall be binding upon, and shall inure to the benefit of, all parties, and each
parties' respective heirs, successors, assigns, transferees, agents, servants,
employees and representatives.
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16. Assignment.
(a) This Agreement is personal to Service Provider and there shall be no
assignment by Service Provider of its rights or obligations under this
Agreement without the prior written approval of the City Manager or
designee. Any attempted assignment by Service Provider, its successors or
assigns, shall be null and void unless approved in writing by the City
Manager or designee.
(b) Service Provider hereby agrees not to assign the payment of any monies
due Service Provider from City under the terms of this Agreement to any
other individual(s), corporation(s) or entity(ies). City retains the right to pay
any and all monies due Service Provider directly to Service Provider.
17. Compliance With Law. In providing the services required under this Agreement,
Service Provider shall at all times comply with all applicable laws of the United
States, the State of California and City, 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 Agreement.
18. Waiver. The waiver by either party of a breach by the other of any provision of this
Agreement shall not constitute a continuing waiver or a waiver of any subsequent
breach of either the same or a different provision of this Agreement. No provisions
of this Agreement may be waived unless in writing and signed by all parties to this
Agreement. Waiver of any one provision herein shall not be deemed to be a waiver
of any other provision herein.
19. Governing Law and Venue. This Agreement 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
interpretation of this Agreement and any rights and duties hereunder shall be
Fresno County, California.
20, Headings. The section headings in this Agreement are for convenience and
reference only and shall not be construed or held in any way to explain, modify or
add to the interpretation or meaning of the provisions of this Agreement.
21. Severability. The provisions of this Agreement are severable. The invalidity, or
unenforceability of any one provision in this Agreement shall not affect the other
provisions.
22. Interpretation. The parties acknowledge that this Agreement in its final form is the
result of the combined efforts of the parties and that, should any provision of this
Agreement be found to be ambiguous in any way, such ambiguity shall not be
resolved by construing this Agreement in favor of or against either party, but rather
by construing the terms in accordance with their generally accepted meaning.
23. Attorney's Fees. If either party is required to commence any proceeding or legal
action to enforce or interpret any term, covenant or condition of this Agreement,
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the prevailing party in such proceeding or action shall be entitled to recover from
the other party its reasonable attorney's fees and legal expenses.
24. Exhibits. Each exhibit and attachment referenced in this Agreement is, by the
reference, incorporated into and made a part of this Agreement.
25. Precedence of Documents. In the event of any conflict between the body of this
Agreement and any exhibit or attachment hereto, the terms and conditions of the
body of this Agreement shall control and take precedence over the terms and
conditions expressed within the exhibit or attachment. Furthermore, any terms or
conditions contained within any exhibit or attachment hereto which purport to
modify the allocation of risk between the parties, provided for within the body of
this Agreement, shall be null and void.
26. 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.
27. No Third Party Beneficiaries. The rights, interests, duties, and obligations defined
within this Agreement are intended for the specific parties hereto as identified in
the preamble of this Agreement. Notwithstanding anything stated to the contrary
in this Agreement, it is not intended that any rights or interests in this Agreement
benefit or flow to the interest of any third parties.
28. Extent of Agreement. Each party acknowledges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire
and integrated agreement between the parties with respect to the subject matter
hereof and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be modified only by written instrument
duly authorized and executed by both City and Service Provider.
29. The City Manager, or designee, is hereby authorized and directed to execute and
implement this Agreement. The previous sentence is not intended to delegate any
authority to the City Manager to administer the Agreement, any delegation of
authority must be expressly included in the Agreement.
[SIGNATURES FOLLOW ON THE NEXT PAGE.]
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IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO, Fresno Metropolitan "Metro' Ministry,
a California municipal corporation a non-profit organization
DocuSigned by: DocuSign66 by.
F.ma�cs.,i
By: �^ By: �_ ce264ZQ5F64AE
Georgeanne A. White
City Manager Name Emogene Nelson
APPROVED AS TO FORM: Title: Executive Director
ANDREW JANZ (If corporation or LLC., Board Chair,
City Att(] Sf
rnp vV e sP`I€ivVde Pres.)
. bcugf�ed by:
By: C 77. �"'t' 7/12/2023 By G �...
Ange`a arst Date Name: vi cki Taylor
Deputy City Attorney
Title: Executive Director
ATTEST: (If corporation or LLC., CFO, Treasurer,
TODD ST""ERMER, CMC Secretary or Assistant Secretary)
City CI9rIlgned by:
By:F�Ocu
" ft qbw 7/21/2023
❑eputy Date
Addresses:
City: Service Provider:
City of Fresno Fresno Metropolitan "Metro' Ministry
Attention: Aaron A. Aguirre, Director Attention: Emogene Nelson, Executive
1515 E. Divisadero Avenue Director
Fresno, CA 93721 3845 N Clark St Suite 101
Phone: (559) 621-7529 Fresno, CA 93726
E-mail: Aaron.Aguirre@fresno.gov Phone: (559) 485-1416
E-mail: Emogene@fresnometmin.org
Attachments:
1. Exhibit A - Scope of Services
2. Exhibit B - Insurance Requirements
3. Exhibit C - Conflict of Interest Disclosure Form
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EXHIBIT A
SCOPE OF SERVICES
Service Agreement between City of Fresno
and Fresno Metro Ministry
for Community Garden Liaison Services
The scope of services for the Community Garden Liaison is to manage multiple
community garden locations within City of Fresno Parks and/or Community Centers.
A. Community Garden Liaison tasks include but are not limited to:
1. Gardener selection and completion of sign-up agreements. Agreements must
include risk language and must be reviewed by the City.
2. Establish and maintain an equitable gardener selection process, including waitlist
procedures, rules related to plot use and site use.
3. Monitor and enforce rules related to plot use.
4. Maintain hours of operations of the sites.
5. Require and enforce drip irrigation and water wise practices.
6. Manage green waste and refuse through composting and proper disposal.
7. Collect and manage rent according to the City of Fresno Master Fee Schedule.
Proceeds from rent monies collected shall be accumulated and invested back into
the community garden twice per year. Eligible uses will be approved by the City
and receipts must be submitted to the City.
8. Assume responsibility for the security of individual plots and any storage facilities.
Coordinate with City of Fresno as needed to identify security solutions.
9. Visit community gardens on a regular basis to conduct garden inspections and log
findings.
10.0rganize and promote bi-annual meetings for each existing garden site for
members who are renting plots.
11.Host annual meetings with neighborhoods located within 1-mile of the community
garden site to invite participation in community gardening, as well as discuss any
impacts or concerns.
12.Must be able to encumber the cost of community meetings.
13.All communication material must be made available in English, Hmong, Punjabi,
and Spanish.
14.Adhere to reporting requirements which include quarterly reporting and invoicing
for services provided. Quarterly reports shall include the following information:
a. Total number of garden plots at each location including number of garden
plots rented, number of plots available for rent, and number of plots fallow
due to need for repairs.
b. Total number of people on waiting lists at each location.
c. Photos from each garden highlighting what is being grown.
d. A description of training, supplies or materials provided.
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e. A summary of any challenges or recurring issues.
f. Other data that illustrates outcomes, success stories and impacts of
community garden operations: for example, pounds of compost, pounds of
food grown, etc.
g. Reports should be submitted electronically to:
PARCSContracts(cDFresno.gov
15.Meet with the City at least twice per year to provide an update on the gardens.
16.Communicate with City of Fresno PARCS staff to report maintenance needs by
utilizing FresGo and "311."
17.Maintain all records. Copies of applications and other records shall be available to
the City upon request and retained for three (3) years after the conclusion of the
contract.
Fresno Metro Ministries shall provide these services in accordance with the methods
presented in the project proposal.
Experience with Public Entities and Community Outreach
Fresno Metro Ministry is a 501(c)3 Community Benefiting Organization that has been
engaging gardeners in community gardens for over 15 years and has been conducting
community outreach and engagement for over 50 years.
Fresno Metro has over 14 years of experience working with the City of Fresno's PARCS
Department in managing 3 of their community gardens, Al Radka, Lowell and Peach
Garden.
We have been successful in managing these garden spaces, which includes hosting
yearly meetings, events and workshops across all three gardens while also conducting
regular garden checks to ensure all gardeners and garden plots are active and tended to.
We have compiled a waitlist of over 140 community residents interested in community
gardening and onboard them as plots become available. Our outreach strategies to fill
our garden spaces include canvassing within the zip code of our garden before opening
it up to other community members in the surrounding areas.
Fresno Metro has been in collaboration with Fresno Housing Authority over the past 3
years to develop and manage their community garden and urban farm which sit on 7.5
acres. Currently, this site provides community members with over 94 garden plots to grow
fresh and healthy foods along with providing 4 urban farmland spaces to develop their
farming businesses. After many months of careful planning, community input sessions
and multiple presentations, we have begun our food forest project on this site. We have
planted over 200 fruit-bearing trees and brushes with the help of community members all
across the county. Prior to breaking ground for the community garden development with
Fresno Housing Authority, we conducted door-to-door canvassing and held input
sessions in the neighborhoods in the zip code where the garden is located for the
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development of the site. We also hosted multiple community events, workshops and
presentations to ensure we were including the community in the development of this
community space.
Fresno Metro also has many years of working with other public entities such as Fresno
Unified School District and Central Unified School District with our food recovery program
that combats food waste and increases food access as we with 40 receiving partners that
redistribute the food we collect. With these two school districts, we work closely with over
80 schools in collecting edible food before it goes to waste. Metro's Food Policy Network
currently collaborates with over 30 public entities that are currently working on changing
Fresno County's food system and policies.
Community outreach strategies that we've done in the past have consisted of going door-
to-door knocking to pass out fliers on workshops, events, or volunteer days that we have
at our garden sites to community members that live within a mile radius. We have also
done monthly newsletters and social media posts and followed up via phone calls for
community members who have expressed interest in attending.
Implementation of Scope of Work
Below are the different ways the Fresno Metro Ministry intends to complete the Scope of
Work for this project:
1. Gardener selection completion of sign-up agreements. Agreements must include
risk language and must be reviewed by the City. 2. Establish and maintain an
equitable gardener selection process, including waitlist procedures, rules related
to plot use and site use. 3. Maintain hours of operations of the sites.
When establishing a new garden, Fresno Metro ensures an equitable gardener selection
process by conducting multilingual outreach to community members near the site to
populate it initially. This includes conducting door-to-door canvassing, attending local
tabling events, conducting presentations with local community groups, and conducting
focus groups. Once all garden plots at a site have been rented, a waitlist is established
which takes into account the person's name and contact information. When someone is
interested in joining the site, they are added to the bottom of the waitlist and informed of
their number on the waitlist. They are also informed that they must regularly update their
contact information with us so we can contact them when a garden plot is open.
When a garden plot is open, the person on the top of the waitlist is contacted, informed
about the open garden plot opening and an appointment to look at the open garden plot
is booked. If the phone number is disconnected or we are not able to get a hold of the
waitlisted person after 3 weeks, the opportunity to rent the garden plot is given to the next
person on the waitlist.
Once the person on the waitlist has had the opportunity to look at the garden plot and
would like to rent the plot, we go over the garden agreement (see attachment #7) and
have them sign it.
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Garden agreements will be made available in Spanish, English, Hmong and Punjabi. At
the time of sign-up, they also pay the $35.00 garden plot fee and the $5.00 application
fee (see attachment #7 for terms of payment, site use, plot use, and hours of operation).
New gardeners are also given a tour of the site and are given the codes to the entrance
gates and storage area (if applicable).
Copies of signed gardener agreements and payment receipts can be made to the City of
Fresno upon request and will be filed for 3 years after the conclusion of the contract.
Gardener Agreement - See Attachment #7
4. Monitor and enforce rules related to plot use. 5. Require and enforce drip
irrigation and waterwise practices. 6. Manage green waste and refuse through
composting and proper disposal. 7. Visit community gardens on a regular basis to
conduct garden inspections and log findings. 8. Communicate with City of Fresno
PARCS staff to report maintenance needs by utilizing FresGo and "311."
Fresno Metro Ministry will conduct bi-weekly garden checkups to each garden to ensure
each site is being maintained, gardeners are following site rules and agreements, and to
report any infrastructure repairs needed to the City of Fresno utilizing the FresGo app or
by calling 311. Gardeners that are not utilizing drip irrigation, flooding, not disposing of
waste properly or not following any other items on the agreement will be contacted with
a reminder of the agreement and given a verbal warning. Gardeners will also be instructed
to report any issues occurring on site to the main site contact to ensure the site remains
a safe and comfortable space for all gardeners.
Gardeners will also be engaged in conducting site cleanups during bi-monthly gardeners'
meetings as needed to ensure the site remains clean and free of trash. Depending on the
site infrastructure and space, gardens will either utilize composting methods or green
waste bins to dispose of green waste.
9. Collect and manage rent according to the City of Fresno Master Fee Schedule.
Proceeds from rent monies collected shall be accumulated and invested back into
the community garden twice per year. Eligible uses will be approved by the City
and receipts must be submitted to the City.
Fresno Metro Ministry will collect plot rental fees and administrative fees on a yearly basis
at the time of assigning a gardener their plot and every year thereafter. A $35.00 yearly
garden plot fee ($3.00 per month, $1 discount for paying for the whole year) and a $5.00
administrative fee will be collected per the City of Fresno Master Fee Schedule. Metro will
manage fees through a gardener database to track fees collected and garden payment
due dates.
When the contract is awarded, Fresno Metro Ministry will compile a list of proposed items
that garden plot fees could be used for. Once the City of Fresno provides clearance on
proposed items, Fresno Metro will host an input session twice a year during bi-monthly
gardener meetings to collect input from gardeners on items they would like to see
purchased from the City of Fresno approved purchasing list. Any additional items
requested will be presented to the City of Fresno for approval.
Fees acquired and receipts of items purchased will be submitted quarterly to the city along
with the quarterly progress reports and invoices.
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10. Assume responsibility for the security of individual plots and any storage
facilities. Coordinate with the City of Fresno as needed to identify security
solutions.
Aside from the Gardener Agreement which lists gardener expectations for their own and
other's plots, Fresno Metro Ministry will provide gardeners with the contact information of
the Fresno Metro office and the site contact to report any security issues that may arise.
Fresno Metro staff will contact the proper authorities and/or the City of Fresno's primary
contact with any immediate concerns. Fresno Metro will also track and report on any
security issues that occurred in the quarterly reports.
For sites that have storage facilities, Fresno Metro will create multilingual signage on
storage facility doors reminding gardeners to lock up the storage facility, which will be
locked with a number lock. Fresno Metro will engage gardeners in cleaning, organizing
and maintaining the storage facility during bi-monthly gardener meetings as needed.
11. Organize and promote bi-monthly meetings for each existing garden site for
members who are renting plots. 12. All communication material must be made
available in English, Hmong, Punjabi, and Spanish.
Once awarded the contract, Metro will set dates and times for 6 bi-monthly gardener
meetings at each site for the year. Metro will create multilingual flyers with meeting dates,
will mail the flyers to each gardener and will post the meeting dates on bulletin boards at
each site. As the meeting dates approach, Metro staff will give gardeners a reminder call
to ensure gardener participation. Meeting will be multilingual as needed.
During these meetings, we will discuss garden agreements, take garden payments,
conduct site cleanups, maintain storage areas, gather input on plot usage fees and
facilitate activities to foster community building within gardeners.
Metro will track gardener participation through a sign-in sheet, flyers and an agenda of
discussed topics and activities. Metro will share participation and outcomes of meetings
through the quarterly reports.
13. Host annual meetings with neighborhoods located within 1-mile of the
community garden site to invite participation in community gardening, as well as
discuss any impacts or concerns. 14. Must be able to encumber the cost of
community meetings. 15. All communication material must be made available in
English, Hmong, Punjabi, and Spanish.
Metro will conduct an annual meeting at each site geared towards residents living within
1-mile of the garden site to facilitate neighbor participation in the garden and discuss any
concerns. In order to reach residents living near the site, Metro staff will create a
multilingual invitational flier to distribute to residents in homes and apartments within a 1-
mile radius surrounding the garden. Metro will then host a multilingual meeting (English,
Spanish, Hmong and Punjabi) utilizing our interpretation equipment to ensure participants
receive simultaneous translation. The meeting will consist of a garden tour, education on
cultural foods being grown on site, information on how to sign up to the garden, how to
get involved in garden related projects and events in Fresno, and a Q&A session to gather
any feedback and address any concerns community members may have regarding the
garden being in their community.
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Metro will track outreach activities through outreach logs and copies of flyers. Metro will
track community member participation by having a sign-in sheet and keeping an agenda
of discussed topics. Metro will share participation, outreach activities and outcomes of the
meetings through the quarterly reports.
16. Adhere to reporting requirements which include quarterly reporting and
invoicing for services provided. 17. Meet with the City at least twice per year to
provide an update on the gardens. 18. Maintain all records. Copies of applications
and other records shall be available to the City upon request and retained for three
(3) years after the conclusion of the contract.
In order to be able to provide thorough and accurate quarterly reports, Metro staff will
manage a gardener database with gardener information, number of rented and unrented
plots and fees collected. Metro will gather information on garden plots, waitlist, pictures
of the sites, recaps of training, and challenges to include in reports. Any participation and
outcomes collected from
bi-monthly meetings, annual meetings, and outreach efforts will also be included in this
report. Any signed agreements will be filed and stored for up to 3 years after the
conclusion of the contract and can be made available to the City of Fresno upon request.
Metro will also track, file and provide receipts and expense reports for purchases made
during the quarterly period. Metro will work with the City of Fresno primary contact to
schedule the meetings with the City and provide updates on the gardens.
Approach to Managing Community Gardens
1. Describe the proposed approach to managing community gardens. Include
examples of procedures and policies, innovative maintenance ideas, and
community outreach strategies.
Fresno Metro Ministry will incorporate the approach that it uses with all of its community
gardens, which includes a large part of the activities requested in the Scope of Work. This
includes conducting regular garden checkups, working with gardeners on the
development of the site, hosting community meetings and putting on community events.
Metro will also occasionally host educational workshops, volunteer days and site tours
depending on regional events, partnerships and opportunities that might be occurring at
each site. Our strategies on maintaining and managing community gardens are heavily
centered around community engagement, engaging community members in the
development of the sites throughout the whole process.
As mentioned in the scope of work, Metro will conduct biweekly garden checkups to
ensure that all gardeners renting plots are active at the site and are following all
established garden agreements from both the City of Fresno along with Fresno Metro.
During our garden checks, we keep documentation of gardener successes and garden
agreement violations that need to be addressed. We address these violations by
conducting gardener checkups, which entails calling gardeners and inquiring about their
wellbeing, providing reminders about the agreements, and checking in with them to see
if they need further coaching or support. Understanding the importance of relationship
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building and making community within the garden space and with the gardeners and
having a constant presence allows us to better support the gardeners and the sites for
success. As we conduct our garden checks, this gives us opportunities to have dialogues
regularly and provide support for gardeners and the development of their plots.
If gardeners are violating any gardener agreements and not being responsive, we begin
our corrective actions plan to ensure that they are following the agreements they signed
up for. Below is our corrective plan, which is also listed in the gardener agreements.
In the event there is a violation:
You will receive one (1) verbal warning from Metro
1. If there is no correction, you will receive a written notice within two (2) weeks.
2. If there is no correction after the written notice, you will receive a written notice
informing you that you have lost the use of your plot. In addition, you may not apply
for a new plot for a period of one (1) year and the acceptance of your application will
be at the sole discretion of Metro.
We use this approach in extreme cases but have discovered that a simple phone call
conversation resolves the violation. During these phone calls, Metro offers support and
understands a gardener's personal situation that is causing them to neglect certain rules.
Many times, illness and family situations cause obstacles.
All gardeners that Metro oversees including the gardeners at these sites are educated to
practice climate-conscious gardening and farming techniques. These practices include
using dripline irrigation in the garden plots for wise water practices. Flooding is not
permitted and will call for immediate corrective action. In the case that gardeners are not
familiar with the practice, we will assist in teaching and setting up drip irrigation and
provide a list of stores the gardeners can visit to purchase drip lines to use in their garden
plots. Gardeners are also not allowed to utilize harmful chemical pesticides and will be
taught to implement integrated pest management techniques to deter pests, create
habitats for beneficial insects and improve their plants' resiliency.
Metro utilizes many approaches for its community outreach strategies depending on the
intended outcome, goal or target audience. For this specific project, we will conduct
community engagement through flier distribution for residents living near the site, phone
call reminders, and send mail to current gardeners. Other strategies of outreach that
might be utilized for events, workshops and volunteer recruitment will be social media
posts, group presentations and project partner outreach. We will also provide
opportunities for local residents to get involved in the management and engagement of
the sites by partnering with organizations that provide paid opportunities for students and
young adults to intern with an organization and get involved in community garden work.
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Attachment #7
7 For Metro Use Only Date
FRESNO METRO Name:
M I ICI I S T R Y
- i=LEBRATING I�„tl��I N I Plai No.
! N V E S T M E W T
�� Fee Paid;
[Insert Garden Name] Garden Agreement
1. Fresno Metro Ministry is the manager of the garden site and has sole authority from
the City of Fresno to assign garden plots, establish and enforce rules for the use of the
site, and resolve conflicts.
2. Upon signing this Agreement,the gardener will pay a Thirty Six Dollar($35.00) plot
fee and a Five Dollar($5.00) administrative fee,which will be paid annually. Plot fees
will be reinvested into the community garden. All fees are non-refundable.
3. Bi-monthly gardener meetings will be held to conduct site cleanups, collect garden
payments,encourage gardener engagement and receive input on the investment of site
fees.Gardeners are required to attend at least 1 meeting a year.
4. Once assigned a plot,the gardener will cultivate and plant it within three (3) weeks. If
at any time the plot appears inactive for more than three (3) weeks,the gardener will
be contacted, and a notice may be given if it remains vacant for an excessive amount
of time.
5. Garden Site RULES:
• The gardens shall only be tended between dawn and dusk.
• Do not share the garden code.
■ Do not drink alcoholic beverages or use drugs while in the garden.
6. Garden Plot Usage Agreements:
• Plots must be kept at the original size.
• Drip irrigation must be used to water garden plots. Flood irrigation is NOT allowed.
• Treat fellow gardeners with respect and dignity.
• Prevent any damage to the garden or plots by guests,children or pets.
• Do not take any plants,vegetables or any other item from another
gardener's plot without the permission of the gardener.
• Keep surrounding pathways and plots clean and free of weeds, pests, and disease.
• Remove trash and place it in the appropriate bins.
• Do not plant any illegal plants, such as marijuana and opium poppies.
• Do not use ANY chemical pesticides at the garden (ask if you are not sure).
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In the event there is a violation:
a. You will receive one(1)verbal warning from Metro.
b. If there is no correction,you will receive a written notice within two(2)weeks.
c. If there is no correction after the written notice,you will receive a written
notice informing you that you have lost the use of your plot.
1
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d. In addition,you may not apply for a new plot for a period of one (1)year and the
acceptance of your application will be at the sole discretion of Metro.
7. Gardeners will have access to their plot for one (1)year with the opportunity to re-register for
the same plot at the end of that year.The number of plots allowed per person may be limited
based on demand. If the number of plots allowed per person is reduced,the gardener will be
given the opportunity to garden the plot until their contract year ends.
8. Fresno Metro Ministry and Gardener shall endeavor to resolve any dispute informally between
them.Any controversy or claim arising out of this Agreement, or the breach thereof, shall be
settled by arbitration of the dispute before an independent arbitrator. The Parties mutually
select an independent arbitrator or panel of arbitrators from Judicial Arbitration and Mediation
Services, Inc. ("JAMS"), or another entity mutually agreed to in writing by the Parties. In the
event a panel of arbitrators is selected, each Party shall select one member, and shall mutually
agree on a third member of the panel.Any arbitration shall occur in Fresno County, California.
(Insert City of Fresno Release, Waiver and Indemnity Agreement)
I have read, understand, and agree to the conditions of this Agreement and to all attachments,
including the City of Fresno Release, Waiver and Indemnity Agreement. If I do not follow this
Agreement or policies established by Metro, 1 may lose my plot. Metro alone will decide if any
violation has occurred.
(Signature of Gardener) (Date)
(Signature of Metro Employee) (Date)
Gardener Information
Name (print):
Address:
Telephone: (Day) (Evening)_
Emergency Contact Information:
Narne: (Relationship)
Telephone: (Day) (Evening)
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B. Schedule of Fees
9. Proposed Project Budget
Fresno Metro Ministry Community Garden Liaison Services
A.Proposed Operational Expense Breakdown:Includes expenses for outreach and marketing materials for
community outreach events such as interpretation,translation,flyers,etc.Overhead shall not exceed 10 percent of
contract total.Detailed itemization and receipts required.
Item Details Total Cost
Interpretation and Translation for 21 community meetings(7 per
Interpretation&Translation site)and to create signage,contracts and outreach materials in
Services English,Spanish,Hmong and Punjabi_$25 per hour,80 hours S2,000.00
Tables 2 tables for community meetings $180 00
Canopy 1 canopies for community meetings $110.00
Envelopes,Postage Stamps, Paper,Printing to print and mail flyers
Outreach Supplies and letters to gardeners. $500.00
Easel, Poster Paper,Sticky Notes,Voting Dots,Pens/Pencils,
Community Meeting Supplies markers for community meetings $457.29
To conduct outreach,gardener engagement and process garden
Phone Reimbursements payments for 1 staff,$50 per month for 12 months $600.00
Square Readers Square Terminal to process gardener payments $350.00
Trash bags and single-use gloves for trash pickup events during
Trash Bags and gloves gardener meetings $75.00
Overhead Costs(indirect) 10%of total contract $3,636.36
TOTAL PART A.PROPOSED OPERATIONAL EXPENSES: 1$4,272.29
B.Proposed Staff Costs: Includes staff who will work on the project,their costs with hourly rates required to complete
the project and details about work performed.
Hours and
Staff Work Performed Hourly Rate Total
(with fringe)
Chris De Leon Primary Contact for City of Fresno,including: 288 hours, $10,468.22
Program Manager • Compile and Submit Quarterly Invoicing and $36.35 per
.14 FTE Reports, Purchase Supplies and Rental Fee hour
items
• Oversee all site Annual Community Meetings
and Outreach
■ Manage the Gardener and Rental Fees
Database
■ Oversee Rental Agreements and Signage
Yang Soua Fang Primary Contact for gardeners and the public for 419 hours, $12,570.00
Project Manager the Peach and Al Radka Gardens,including: $30 per hour
0 Conduct Regular Garden Site Visits and
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C. Schedule of Fees (con't)
20 FTE Gardener Communication,Collect and
Process Rental Fees,Onboard and Process
New Gardeners, Maintain Gardener Waitlist
■ Plan,Facilitate and Conduct Outreach for
Bimonthly Gardener Meetings
+ Plan,Facilitate and Conduct Outreach for
Annual Community Meeting
+ Compile Items for Quarterly Reports
Itzel Eseareega Primary Contact for gardeners and the public for 267 hours, $8,010.00
Project Manager the Lowell Garden,Including: $30 per Hour
• Conduct Regular Garden Site Visits and
13 FTE Gardener Communication,Collect and
Process Rental Fees,Onboard and Process
New
• Gardeners, Maintain Gardener Waitlist
■ Plan,Facilitate and Conduct Outreach for
Bimonthly Gardener Meetings
■ Plan, Facilitate and Conduct Outreach for the
Annual Community Meeting
■ Compile Items for Quarterly Reports
TOTAL PART B.PROPOSED STAFF COSTS: $31,048.22
C.Travel Expenses: Mileage must use the federal standard mileage rate of$0.625 per mile Detailed itemization
required.
Peach Garden Mileage: Round-trip mileage from Fresno Metro Office,3845 N Clark St, $375.38
Fresno CA 93726 to 2021 S Peach Ave, Fresno, CA 93727
18.2 miles x$.625=$11.38 per trip,33 trips(biweekly checkups
,and 7 meetings)
Al Radka Garden Mileage: Round-trip mileage from Fresno Metro Office,3845 N Clark St, $367.13
Fresno CA 93726 to 5897 E Belmont Ave,Fresno,CA 93727
17.8 miles x$.625=$11.13 per trip,33 trips(biweekly checkups
and 7 meetings)
Lowell Garden Mileage: Round-trip mileage from Fresno Metro Office,3845 N Clark St, $144.38
Fresno CA 93726 to 481 N Poplar Ave,Fresno CA 93710
7 miles x$.625=$4.38 per trip,33 trips(biweekly checkups and 7
meetings)
Miscellaneous Garden Trips For emergencies and unexpected situations or events that might be
occurring at the three sites.
250 miles @$.625 $156.25
TOTAL PART C.TRAVEL EXPENSES: $1,043.13
TOTAL AMOUNT REQUESTED: $40,000.00
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D. The City will provide the following assistance:
1. Prepare garden locations, including but not limited to, ground preparation, soil
testing as warranted, work necessary to bring water to each plot, fencing and
permit costs prior to gardeners' possession.
2. Provide an assessment of existing ADA conditions and include required ADA
improvements in the PARCS Department's ADA Transition and Capital
Improvement Plans.
3. Pay utilities including water utilized for drip irrigating each garden site.
4. Notice and promote community garden plots, as needed, in conjunction with
selected consultant.
5. Repair and replace raised beds and irrigation as determined necessary.
6. Provide trash and green waste receptacles.
7. Provide a point of contact for each garden site.
8. Provide contact information for residents located within 1 mile of each site to
conduct outreach for annual neighborhood meetings.
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EXHIBIT B
INSURANCE REQUIREMENTS
Service Agreement between City of Fresno (City)
and Fresno Metro Ministry (Service Provider)
for Community Garden Liaison Services
MINIMUM SCOPE OF INSURANCE
(a) 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-
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 form and shall provide
coverage for all owned, hired, and non-owned automobiles or other licensed
vehicles (Code 1- Any Auto). If personal automobile coverage is used, the
CITY, its officers, officials, employees, agents and volunteers are to be
listed as additional insureds.
3. Workers' Compensation insurance as required by the State of California
and Employer's Liability Insurance.
MINIMUM LIMITS OF INSURANCE
SERVICE PROVIDER, or any party the SERVICE PROVIDER subcontracts with, shall
maintain limits of liability of not less than those set forth below. However, insurance limits
available to CITY, its officers, officials, employees, agents and volunteers as additional
insureds, shall be the greater of the minimum limits specified herein or the full limit of any
insurance proceeds available to the named insured:
1. COMMERCIAL GENERAL LIABILITY:
(i) $1,000,000 per occurrence for bodily injury and property damage;
(ii) $1,000,000 per occurrence for personal and advertising injury;
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(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:
$1,000,000 per accident for bodily injury and property damage.
3. WORKERS' COMPENSATION INSURANCE as required by the State of
California with statutory limits.
4. EMPLOYER'S LIABILITY:
(i) $1,000,000 each accident for bodily injury;
(ii) $1,000,000 disease each employee; and,
(iii) $1,000,000 disease policy limit.
UMBRELLA OR EXCESS INSURANCE
In the event SERVICE PROVIDER purchases an Umbrella or Excess insurance
policy(ies) to meet the "Minimum Limits of Insurance," this insurance policy(ies) shall
"follow form" and afford no less coverage than the primary insurance policy(ies). In
addition, such Umbrella or Excess insurance policy(ies) shall also apply on a primary and
non-contributory basis for the benefit of the CITY, its officers, officials, employees, agents
and volunteers.
DEDUCTIBLES AND SELF-INSURED RETENTIONS
SERVICE PROVIDER shall be responsible for payment of any deductibles contained in
any insurance policy(ies) required herein and SERVICE PROVIDER shall also be
responsible for payment of any self-insured retentions. Any deductibles or self-insured
retentions must be declared to on the Certificate of Insurance, and approved by, the
CITY'S Risk Manager or his/her designee. At the option of the CITY'S Risk Manager or
his/her designee, either:
(i) The insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects CITY, its officers, officials, employees, agents
and volunteers; or
(ii) SERVICE PROVIDER shall provide a financial guarantee,
satisfactory to CITY'S Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations, claim
administration and defense expenses. At no time shall CITY be
responsible for the payment of any deductibles or self-insured
retentions.
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OTHER INSURANCE PROVISIONS/ENDORSEMENTS
The General Liability and Automobile Liability insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, agents and volunteers are to be
covered as additional insureds. SERVICE PROVIDER shall establish
additional insured status for the City and for all ongoing and completed
operations by use of ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and
CG 20 37 10 01 or by an executed manuscript insurance company
endorsement providing additional insured status as broad as that contained
in ISO Form CG 20 10 11 85.
2. The coverage shall contain no special limitations on the scope of protection
afforded to CITY, its officers, officials, employees, agents and volunteers.
Any available insurance proceeds in excess of the specified minimum limits
and coverage shall be available to the Additional Insured.
3. For any claims relating to this Agreement, SERVICE PROVIDER'S
insurance coverage shall be primary insurance with respect to the CITY, its
officers, officials, employees, agents and volunteers. Any insurance or self-
insurance maintained by the CITY, its officers, officials, employees, agents
and volunteers shall be excess of SERVICE PROVIDER'S insurance and
shall not contribute with it. SERVICE PROVIDER shall establish primary
and non-contributory status by using ISO Form CG 20 01 04 13 or by an
executed manuscript insurance company endorsement that provides
primary and non-contributory status as broad as that contained in ISO Form
CG 20 01 04 13.
The Workers_'Compensation insurance policy is to contain, or be endorsed to contain, the
following provision: SERVICE PROVIDER and its insurer shall waive any right of
subrogation against CITY, its officers, officials, employees, agents and volunteers.
All ,policies of insurance required herein shall be endorsed to provide that the coverage
shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty
(30) calendar days written notice by certified mail, return receipt requested, has been
given to CITY. SERVICE PROVIDER is also responsible for providing written notice to
the CITY under the same terms and conditions. Upon issuance by the insurer, broker, or
agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits,
SERVICE PROVIDER shall furnish CITY with a new certificate and applicable
endorsements for such policy(ies). In the event any policy is due to expire during the
work to be performed for CITY, SERVICE PROVIDER shall provide a new certificate, and
applicable endorsements, evidencing renewal of such policy not less than fifteen (15)
calendar days prior to the expiration date of the expiring policy.
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Should any of these policies provide that the defense costs are paid within the Limits of
Liability, thereby reducing the available limits by defense costs, then the requirement for
the Limits of Liability of these polices will be twice the above stated limits.
The fact that insurance is obtained by SERVICE PROVIDER shall not be deemed to
release or diminish the liability of SERVICE PROVIDER, including, without limitation,
liability under the indemnity provisions of this Agreement. The policy limits do not act as
a limitation upon the amount of indemnification to be provided by SERVICE PROVIDER.
Approval or purchase of any insurance contracts or policies shall in no way relieve from
liability nor limit the liability of SERVICE PROVIDER, its principals, officers, agents,
employees, persons under the supervision of SERVICE PROVIDER, vendors, suppliers,
invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or
indirectly by any of them.
VERIFICATION OF COVERAGE
SERVICE PROVIDER shall furnish CITY with all certificate(s) and applicable
endorsements effecting coverage required hereunder. All certificates and applicable
endorsements are to be received and approved by the CITY'S Risk Manager or his/her
designee prior to CITY'S execution of the Agreement and before work commences. All
non-ISO endorsements amending policy coverage shall be executed by a licensed and
authorized agent or broker. Upon request of CITY, SERVICE PROVIDER shall
immediately furnish City with a complete copy of any insurance policy required under this
Agreement, including all endorsements, with said copy certified by the underwriter to be
a true and correct copy of the original policy. This requirement shall survive expiration or
termination of this Agreement.
SUBCONTRACTORS
If SERVICE PROVIDER should subcontract all or any portion of the services to be
performed under this Agreement, SERVICE PROVIDER shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated herein and
SERVICE PROVIDER shall ensure that CITY, its officers, officials, employees, agents
and volunteers are additional insureds. The subcontractors' certificates and
endorsements shall be on file with SERVICE PROVIDER and CITY prior to the
commencement of any work by the subcontractor.
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EXHIBIT C
DISCLOSURE OF CONFLICT OF INTEREST
Community Garden Liaison Services
YES* NO
1 Are you currently in litigation with the City of Fresno or any of 1:1 n
its agents?
2 Do you represent any firm, organization, or person who is in
litigation with the City of Fresno?
3 Do you currently represent or perform work for any clients who [�I
do business with the City of Fresno?
4 Are you or any of your principals, managers, or professionals,
owners or investors in a business which does business with EI Fx-1
the City of Fresno, or in a business which is in litigation with
the City of Fresno?
5 Are you or any of your principals, managers, or professionals,
related by blood or marriage to any City of Fresno employee
who has any significant role in the subject matter of this
service?
6 Do you or any of your subcontractors have, or expect to have,
any interest, direct or indirect, in any other contract in 0
connection with this Project?
* If the answer to any question is yes, please explain in full below.
Explanation: Nam'
Signature
6/15/2023
Date
Emogene Nelson
Name
Fresno Metro Ministry
Company
3845 N. Clark St. STE# 101
Address
LiAdditional page(s) attached. Fresno, CA 93726
City, State, Zip
ALL-B GSP Agt Not to Exceed(03-2023)
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