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HomeMy WebLinkAboutContracts & Agreements_16-2025ecology center AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and entered into by the Ecology Center, a nonprofit public benefit corporation organized under the laws of the State of California with offices at 2530 San Pablo Avenue, Berkeley, California, 94702 and the City of Redlands a municipal corporation with offices at 35 Cajon Street Suite 4 Redlands, CA 92373 (hereafter "Contractor," and together with the Ecology Center, the "Parties"). The Ecology Center enters into this Agreement to carry out a portion of its California Nutrition Incentive Program ("CNIP") Grant Agreement with the California Department of Food and Agriculture- ("CDFA") grant contract number 22-1464-001-SF. WHEREAS, Contractor has the required capacity to provide the services sought by the Ecology Center; and WHEREAS, Ecology Center wishes to utilize Contractor's services and abilities during the term ofthis Agreement, and Contractor is willing to offer such services upon the terms and conditions contained in this Agreement; NOW THEREFORE, in consideration of the promises contained herein, the Parties agree as follows: 1. Term Engagement and Services: This Agreement is effective as of January 1, 2025 and terminates on May 31, 2025 unless terminated earlier as provided herein. During the term of this Agreement, the Ecology Center hereby engages Contractor and Contractor hereby agrees to serve the Ecology Center, as an independent contractor and not as an employee or agent of the Ecology Center. Contractor shall be available to work for reasonable periods of time to perform the scope of services and provide deliverables according to the budget and schedule as set forth in Attachment A: Budget, Attachment B: Scope of Work, and Attachment C: Debarment Certification Form (the "Services"), included with and hereby made a part of this agreement. Either party to this Agreement may terminate this Agreement at any time, with or without cause, by giving the other party thirty (30) days written notice. Should Contractor default in the performance of this Agreement or materially breach any of its terms, the Ecology Center at its option, may terminate this Agreement effective immediately upon giving written notice to Contractor stating the reason for the termination of this Agreement. Contractor's original grant proposal and any revisions thereto, including all supplemental documentation provided by contractor to document grant deliverables, match, and incentives to be distributed, is incorporated by reference as a part of this agreement. Ecology Lab CNIP FY25-0008 im 2. Com lianee with Terms of the Ecology Center Grant CDFA Agreement 22-1464-001- SF: Contractor agrees to comply with all terms and conditions applicable to the Ecology Center's Grant Agreement with 22-1464-001-SF. Contractor also agrees to comply with all applicable Federal and State regulations, including but not limited to, the Code of Federal Regulations (2CFR 230, 2CFR 200), Research Terms and Conditions (06/11) and NIFA Agency Specific Terms and Conditions (10/14) at h s://www.nifa.usda. ovl rants/re ulations-and- uideaes/federal-re ulations; General Provisions found in Title 2: 2CFR Part 400; 2 CFR Part 415; 2 CFR Part 416; 2 CFR Part 418; 2 CFR Part 422; 7 CFR 3015, 3016, 3019, Title 7: 7 CFR Part 3430, and allowable cost principles found in 2 CFR 220, 225, and 230 or Federal Acquisition Regulation 48 CFR 31.2 — all incorporated by reference and found at htt://www. o. ov/fds s/browse/collectionCfr.action?collectionCode=CFR Contractor also agrees to comply with the provisions of the Fair Employment and Housing Act (Gov. Code 12990 (a-f) and the applicable regulations promulgated there under California Code of Regulations, Title2, Section 7285. Ecology Center may withhold payment of funds for expenses deemed unallowable by CDFA. In the event that it is determined by the Ecology Center that a contractor has been paid for work and expenses that are deemed unallowable, Contractor will be required to refund to the Ecology Center all grant funds which were disbursed to the Contractor for unallowable expenses. 3. Compensation, Project Expenses, and Payment Terms: A budget that is agreed to by both parties is attached to this Agreement as Attachment A. Total expenses for Services, excluding incentives, shall not exceed $624.25. Contractor agrees to distribute $1,808.00 in incentives on SNAP/CalFresh purchases as set forth in Attachment B. Total payment for Services and Incentives distribution under this Agreement shall not exceed $2432,25. Contractor may only distribute incentives at outlets that have been approved for participation by USDA's Food and Nutrition Services (INS) via a Memorandum of Understanding (MOU). A signed MOU between CDFA and each outlet must be reviewed and approved by CDFA prior to the outlet's participation. Distributing incentives at outlets not approved by CDFA is a violation of this contract and Contractor will be required to repay grant funds for incentives distributed through unauthorized outlets. Any changes to the attached budget must be agreed to in writing by the Ecology Center prior to Contractor incurring costs exceeding the original budgeted amount of any line item. Contractor is entitled to reimbursement for reasonable expenses to the extent that Ecology Lab CNW FY25-0048 jm such expenses are budgeted, necessary for the performance of the Services under this Agreement, and are considered allowable costs under applicable Federal and State regulations as outlined and noted in Section 2 of this contract agreement. Monthly invoices and back-up documentation shall be e-mailed in the provided Excel formats and submitted by the 71" day of the month following the reporting/invoicing month to receive payment within thirty (30) days of the Ecology Center's receipt of the invoice and all required backup documentation, with the exception that in no case shall the Contractor receive payment prior to the Ecology Center's receipt of payment from CDFA for the period billed. Monthly invoices must be submitted using the invoice, timesheet and mileage tracking templates provided by the Ecology Center and must adhere to all procedures and policies as required by the Ecology Center. Invoicing documents must include the dates and hours worked and the nature of the work performed in the description. Contractor shall attach original or scanned copies of receipts for all expenses billed under this Agreement. All original receipts, invoices, and other back-up documentation must be retained by the Contractor and kept on file, available on request for audit purposes. The invoice and all required documentation must be submitted before a payment will be processed. The Ecology Center may withhold payment on an invoice until all required information or documentation has been provided by Contractor. Monthly progress reports are due by the 71' day of the month following the reporting month. Monthly reports must include a description of the amount of incentives distributed by market/site for the reporting month. Independent Contractor: Contractor and the Ecology Center agree that Contractor is, and shall be, an independent contractor and not an employee or agent of the Ecology Center. Nothing in this Agreement shall be interpreted or construed as creating the relationship of employer and employee between the Ecology Center and Contractor and/or Contractor's approved employees or subcontractors. Contractor is responsible for all applicable legal and governmental obligations as an independent contractor, including, without limitation, all business licenses, worker's compensation and liability insurance requirements and the withholding and transmittal of all fees and taxes. Contractor shall not be an agent of the Ecology Center and shall not have any authority to sign agreements for the Ecology Center or to bind the Ecology Center to any agreements or other obligations. Any agreement to be executed for the Ecology Center shall be presented to and be signed by a duly authorized representative of the Ecology Center. It is expected that Contractor will work directly with the Ecology Center in Ecology Lab CNIP FY25-0008ym performing the Services. However, if Contractor wishes to hire subcontractors in performance of the Services, Contractor must obtain the prior written consent of the Ecology Center and, in that event: (i) each approved subcontractor must agree to terms consistent with the terms of this Agreement; (ii) approved subcontractors shall be Contractor's sole responsibility; and (iii) Contractor shall be solely responsible for the approved subcontractors' compensation and for compliance with all applicable legal and tax requirements. Taxes: If Contractor, or Contractor's organization, is not incorporated, the Ecology Center will inform Contractor of the total amount of payments made to Contractor on a calendar year basis during January of the following year and report such payments as required by law. Contractor shall be responsible for complying with all applicable national and local employment, income and other tax laws. 6. hidemnification: Contractor agrees to protect, indemnify, defend and hold harmless the Ecology Center and its directors, officers, employees and agents from and against any and all claims, demands, actions, judgments, fines, penalties, liabilities, losses, settlements, taxes, damages, injuries, costs or expenses (including, without limitation, attorneys' fees and all other fees and costs incurred in investigating or defending any claim or action), either directly or indirectly, which may be asserted against any of the foregoing persons by Contractor, Contractor's employees, agents or subcontractors, or third parties, in any manner related to, arising out of or resulting from: (a) Contractor's performance of the Services under this Agreement; (b) any failure of Contractor to perform its obligations under this Agreement; (e) any claim that the Services and/or Deliverables infringe the intellectual property rights of a third person; (d) any acts of Contractor beyond the scope of its authority under this Agreement; (e) any negligence, willful misconduct or other wrongful acts or omissions of Contractor, its employees, agents or subcontractors; (f) any injury, damage or death to Contractor, its employees, agents, subcontractors, partners or other representatives; or (g) any injury, damage or death to any third party. Representations and Warranties: Contractor represents and warrants that: (a) Contractor has the full power to enter into and perform this Agreement and to make the grant of rights contained herein; (b) all Services performed hereunder shall be performed in accordance with the Ecology Center's specifications and requirements and with all necessary care, skill and diligence; (c) the Deliverables will meet the description of Deliverables set forth in Attachment B; (d) upon delivery of each Deliverable, the Ecology Center will have marketable title to such Deliverable, free and clear of all liens and encumbrances; and (e) the use of the Deliverables for the purposes intended will not Ecology Lab CVIP FY25-0008-in, infringe upon or violate any rights of privacy, publicity, patents, copyrights or any other rights of any nature of any third party. 3. Confidentiality: Contractor acknowledges that Contractor will have access to proprietary and confidential information in order to perform specific duties andprovide the Services. Contractor warrants that Contractor will not use or disclose any information received or obtained by Contractor in connection with Contractor's performance of the Services except as necessary to perform the Services. Contractor shall use at least the same degree of care, but no less than reasonable care, to avoid disclosure or use of the Ecology Center's information as Contractor employs with respect to its own Confidential Information of a like importance. This warranty shall not apply in any instance where the Ecology Center has expressly directed Contractor, in writing, to disclose information to a third party. 9. Legal Compliance: The laws of the State of California shall govern the interpretation of this Agreement. Any action to enforce this Agreement shall be brought in the Superior Court for the County of Alameda or in the U.S. District Court for the Northern District of California, San Francisco, California. 10. Assi mg nent: Contractor may not assign, delegate or subcontract neither this Agreement nor any of its rights, duties or obligations under this Agreement without the prior written consent of the Ecology Center. Any purported assignment or delegation not consented to by the Ecology Center shall be void at the Ecology Center's option and shall constitute a material breach of this Agreement. it. Amendments and Waivers: Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both Parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 12 Notices: All notices required under this Agreement will be delivered in writing to the recipient's contact designated in the first paragraph of this Agreement, or to such other contact as designated in writing from time to time. Notices shall be by hand delivery, nationally recognized overnight courier, certified or registered mail, email, or facsimile and will be effective upon receipt or when delivery is refused, whichever occurs sooner. 13. Records: All financial records and documentation pertaining to this contract, including incentives and match expenses, will be maintained for three years after the completion of the grant period, Dec 31, 2027. All original expense receipts, Ecology Lab CNIP FY25-0008 im invoices, and other back-up documentation must be retained by the Contractor and kept on file, available on request for audit purposes. if any provision of this Agreement is prohibited or is unenforceable, said provision shall be ineffective to the extent of such prohibition or unenforceability, without invalidating any of the remaining provisions of this Agreement. This Agreement contains the entire agreement of the Parties and supersedes any and all previous agreements, which may have been made, whether orally or in writing. WHEREFORE, the Parties have executed this Agreement as of the date(s) set forth below. The Ecology Center Signed: Martin Bourque, Executive Director Date: December 13, 2024 City of Redlands Name of Contracting Organization Signed: y� Mario Saucedo, Mayor Printed Name: Mario Saucedo Date: 2/4/25 0 Ecology Lab CNIP FY25-0008 im Attachment A: Budget MARKET MATCH BUDGET: JAN 1, 2025 -May 31, 2G25 SECTION A: SALARIED FERSONNEL too NOT INCLUDE VOLUNTEERS} PERSONNEL NANE OF PERSONNEL PERSONNEL PERCENT GAL. FIBNGF RATE "PEN"' TOTAL(SALAGRANTFUN05 NGN-FFRERAL TOTAL BUDGET JUSTlF{CATiON(NARRATIYEI MATCH SOURCE(IF APPLICABLE) TITLE PERFORMING WORK SALARY ALLO GATED MONTHS PN PROJECT (IF APPLICABLE FR MATLH ON PROJECT ECTIQ TOTAL - .G 0 RLY PERSONNEL (Do No I INULUUE V ULLN I L-1 PERSONNEL NAME OF MR50NNEL PERSONNET NULIBER OF HOURS ON FLANGE RATE %BF E%PENSE TOTAL(SALS GRANTFUNDS NON{E➢ERAL TOTAL BUDGET JM5TIFICATION(NARRATIVE) MATCH SOURCE PF APPLICABLEF TITLE PERFORMINGWGRK NDURLYRATE PROJECT IN APPLICABLE] FBj MATCH PERIOD Ixo ,;r) Conrad wiA be wodtilg 2 heur5 p¢r week plemm�p, marheNng, ableach, ano�inB Webbuls, aIb Irtwaing. He wd Reueation Genm1 CaNea $35.21 82 554o E4,4TE,19 $4,475.19 $4.475.1B else Ji,tub a EBTand 111adtel Wa —PY1 the Downtown's CoaNlnalel Merning MaN.el br 2 hwls br tlhesa 56NrAeye_ Aglppl well he working 2 MArs per week f6r ea 1h SaNnfay, EM1e.6B 32 AT% 11,141.72 $1.14172 41.14172 EBT and Marhe[ Pmgram Aid Apol Jamison Match rp a[ Ne DO tnwn's Msmllp MarUBT so G C CD SE ONBTOTAL EQUIPMENT ITEM E%PENSES GRANA FUNDS HONFEDERAL TOTAL BUDGET JUSTIFICATION SNARRATNE) MATCH SOURCE (IF APPICABLE] 00 SECTION L TOTAL $Oh80 1. Materials & Supplies I Market Match Snip Tokens I 50.55 1.1351 S624,25 I $52425 I I U24s25 SECT ON F TOTAL G 9 B34.25 INDIRECT MTDC TOTAL GftAJITINDIRECT TOTAL INDIRECT 5 CTION GTOT �" iBEOTION TOTAL - - _ - . r 'B]¢Brhsls Or M aD Dutn mu3 ns , dR SFBCI Cd Y n a 0- DOLLAR AMOUNT OF INCENTIVES TO DISTRIBUTE NON-INCENTIVEI INCENTIVE IINCENTIVES FUNDS 1• TOTAL BUDGET TAa Dmnhbwn'a Mmung Marhat I1as Seananhcr wIn 51.8cavo $1,1108.00 centloesF Ne past yaaraM a�emging eppmxhnatety $500 In Ineentivas ¢apt menlx_ 1/1/25 - 5/31/25 CNIP GusNIP Contract Attachment B: Scope of Work Contractor Name: City of Redlands Start Date: January 1, 2025 End Date: May 31, 2025 Distribution of Incentives Contractor will: • Distribute $1,808.00 Market Match (MM) incentives to customers using/spending SNAP (Supplemental Nutrition Assistance Program) at a minimum of 1 Ecology Center -approved Certified Farmers' Markets and farm - direct sites between January 1, 2025 and May 31, 2025; • Provide incentives that are funded by GusNIP federal dollars or non-federal match will only be provided as a dollar -for -dollar match for SNAP/CalFresh purchases; • Provide incentives that are funded by GusNIP federal dollars or non-federal match only at outlets (sites) that have been approved for participation by USDA's Food and Nutrition Services (FNS) via a Memorandum of Understanding (MOU) and after the start date of the MOU. A signed MOU between CDFA and each outlet must be reviewed and approved by FNS prior to the outlet's participation. Distributing incentives at outlets not approved by FNS is a violation of this contract, and Contractor will be required to repay grant funds for incentives distributed through unauthorized outlets; • Provide Market Match incentives matching on Pandemic-EBT, Disaster-EBT, and SUN Bucks per card; • Provide Market Match incentives for SNAP cards from other U.S. states; • Not provide Market Match incentives matching spending of cash (rather than food) benefits loaded onto SNAP cards. • If the SNAP/EBT Terminal is not working, the contractor will seek out ways of transacting SNAP including using offline vouchers as provided by EBT Processor; • Alert Ecology Center staff if the EBT/SNAP terminal is not operational and offline EBT vouchers are not able to be processed and/or Market Match incentives are not able to be distributed during normal site operating hours; • Alert Ecology Center staff if the FNS SNAP authorization lapses or if the farmers' market or retailer changes ownership; • Renew FNS SNAP authorization as required by FNS every five years. • Provide the incentives as a dollar -for -dollar EBT/SNAP match, up to a daily maximum for incentives per card, per day as decided by Ecology Center staff; • Follow all FNS guidelines including providing a refund when requested by the customer if the customer has taken out more SNAP dollars than they were matched for with the incentive or if they are willing to return the incentive scrip as well as EBT scrip when refunding the EBT onto their SNAP card; • Produce or reuse all Market Match scrip needed at the farmers' markets served by Contractor. In the case where new scrip is produced or printed, the design must first be approved by the Ecology Center staff prior to production; Market Match scrip must include phrase "only for fruits and vegetables", "no change given" and "Market Match", name of market or market association (if all association sites are 1/1/25 - 5/31/25 CHIP GusNIP Contract Attachment B: Scope of Work approved for Market Match), and the denomination in a whole dollar increment (such as $1, $2, or $5 or another increment); • If the market association chooses to create an incentive program that matches another benefit or type of spending other than SNAP, they will create a separate scrip type that is easily distinguishable from the Market Match scrip.; • Market Match scrip must be restricted to the purchase of fresh, California -grown fruits and vegetables or plant starts that produce food only at the Certified Farmers' Market or other approved Market Match site. No US dollar change is to be given on Market Match scrip; • Contactor must reimburse vendors 100% of the value of the scrip turned in by the farmers/growers/vendors and must be paid at 100% of the value to said farmers/growers/vendors; • Contractor must keep records of the $ value of redemption and reimbursement of EBT scrip and Market Match scrip from vendors per market day to ensure that Market Match guidelines around eligible food purchases are maintained. • Abide by all Ecology Center program rules and grant compliance rules as communicated by Ecology Center staff. Administration of EBT Scrip Program Contractor will ensure following: • EBT scrip will be in compliance with all USDA Food Nutrition Service guidelines, including that EBT scrip will never expire, will include `EBT" or "SNAP", and "no change given" and the increment /dollar denomination; • Vendors/contractors/farmers markets will not allow EBT scrip to be spent on items that are not eligible for SNAP; • Contractor will not allow market vendors to exchange tokens with anyone except the market operator. Administration and Reporting Contractor will: • Hire and maintain sufficient staff or volunteers to execute the program as detailed; • Oversee, track, evaluate, manage, report on any and all Market Match activities under the contract that Contractor is providing or subcontracting; • Use a customer transaction log to track each customer transaction involving SNAP for each market day or day open to the public if another type of outlet, recording the $ amount of CalFresh spent at the site and the associated Market Match incentive distributed based on that transaction, including if a customer spends more SNAP than the incentive maximum and is not provided with any more incentive • Review monthly invoices, back-up documentation and monthly reports for accuracy before submission. • Turn in monthly invoices, back-up documentation (timesheets, subcontractor invoices, mileage forms and/or item receipts), and monthly reports no later than the 711' of each month following the month previous or as requested by the Ecology Center, unless otherwise agreed upon with the Ecology Center in advance; 1/1/25 - 5/31/25 CNIP GusNIP Contract Attachment B: Scope of Work Monthly Reports include data collection of the following per Market Match site (including separately for farmers' markets that operate on multiple days of the week, treating the markets that operate on a Tuesday separately from the markets that operate at the same location on another day of the week). Metrics include: • Monthly total $ Market Match incentives distributed for each site, • Monthly total $ Market Match redeemed from vendors for each site, • Monthly total $ CalFresh/SNAP sold at central point of sale or at farmstand or other type of site, • Monthly total CalFresh/SNAP redeemed (in a farmers' market context where a scrip model is used), • Total number of customers served per month per site • Total number of SNAP transactions on the EBT/SNAP terminal per month per site • Average number of fruit/vegetable vendors per market day per month per site • Total operating days where Market Match was available and offered per month per site • Complete outreach survey on a quarterly basis if receiving CNIP funds for staff time for conducted outreach and/or printing promotional outreach materials. • Attend required quarterly California Market Match Consortium (CMMC) calls/webinars. If the Contractor is not able to attend for any reason, they will be responsible to inform the Ecology Center staff in advance, and read minutes or watch webinar recording following the webinar. • Send at least one representative to attend the annual virtual/online Market Match Face -to -Face Meeting/Conference. Systems Tracking, Evaluation Contractor will work with the Ecology Center to: • Administer a unified data collection and tracking mechanism for Market Match participants in order to track all monthly reporting and evaluation metrics accurately and in a timely fashion; • Provide input, feedback, and cooperation on the development, implementation, and execution of State and National evaluation metrics, tools, and systems; • Carefully track federal and non-federal match budget spending and receive approval from Ecology Center before malting any adjustments to line item spending. Contractor will: • Carefully and completely track, input, and report on all program metrics that are needed by the Ecology Center or the grant evaluators. These monthly reports will be provided by or before the 71 of each month following the month previous, unless there is an agreement in place in advance with the Ecology Center for an adjusted deadline; • Cooperate fully and support data collection and analysis conducted through Ecology Center and California Department of Food & Agriculture's required evaluation of the GusNIP project, and any national evaluation conducted through 1/1/25 - 5/31/25 CNIP GusNIP Contract Attachment B: Scope of Work the GusNIP Training, Technical Assistance, Evaluation and Information Centers (NTAE) "Nutrition Incentive Hub". Promotions & Outreach to Market Match Eligible Customers Contractor will ensure: • All Market Match promotional and outreach materials and signage paid for by the grant must be approved by Ecology Center staff prior to printing and distribution; • All promotional and outreach materials and signage must promote the Market Match program and align with program branding, messaging, and at minimum include the Market Match logo. • If printed, the materials must include the funding acknowledgment "Market Match is a program of the Ecology Center and is funded in part through the California Department of Food and Agriculture and the USDA's National Institute of Food and Agriculture." and Market Match logo. • That participation in the Market Match program is listed on a website of the organization (if using a website to describe the organization's work). The participation in the Market Match program will also include the Market Match logo as well as the funding acknowledgment "Market Match is a program of the Ecology Center and is funded in part through the California Department of Food and Agriculture and the USDA's National Institute of Food and Agriculture." Contractor will: • When possible, produce locally -focused, Market Match -branded, outreach materials and advertising in accordance with approved budget and budget justification; • Wherever possible, partner with local media, social service agencies, and community based organizations to distribute outreach materials to promote the purchase of fruits and vegetables to SNAP/CalFresh shoppers at Certified Farmers' Markets and other approved Market Match sites. Contractor will work with the Ecology Center to: • Improve and build upon uniform Market Match language and statewide materials; • Participate in any and all statewide, regional or locally focused centralized promotions or outreach strategies executed by the Ecology Center on behalf of the statewide Market Match program. 1/1/25 - 5131/25 CNIP GusNIP Contract Attachment C DEBARMENT CERTIFICATION FORM The Contractor certifies that, neither the Contractor firm nor any owner, partner, director, officer, or principal of the Contractor, nor any person in a position with management responsibility or responsibility for the administration of federal funds: (a) Is presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agcncy; (b) Has within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Is presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or (d) Has within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default. The Contractor further certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal r state department/agency. Authorized Signature for Contractor Name Mario Saucedo Title Date cdfa Memorandum of Understanding Between the California Department of Food and Agriculture and City of Redlands Program Summary The California Nutrition Incentive Program (CNIP) is a statewide program that provides nutrition incentives to CalFresh (federally known as SNAP) shoppers at certified farmers' markets and small businesses throughout the state of California. CNIP is administered by the California Department of Food and Agriculture's (CDFA) Office of Farm to Fork through competitive grants awarded to non -profits, small businesses and farmers' markets. CNIP was established by California Assembly Bill 1321 (Chapter 442, Statutes of 2015). CNIP incentives are offered to increase the purchase of California grown fresh fruits and vegetables by CalFresh shoppers. CDFA is a grantee of the Gus Schumacher Nutrition Incentive Program (GusNIP), which is administered by the United States Department of Agriculture's National Institute of Food and Agriculture (NIFA) and Food and Nutrition Service (FNS). GusNIP is authorized by Section 4205 of the Agricultural Improvement Act of 2018 amended section 4405 of the Food, Conservation, and Energy Act of 2008 (°FCEA") (7 U.S.C. 7517). The authority to administer this program was delegated to the Director of NIFA through the Under Secretary for Research, Education, and Economics (REE) (see 79 FR 44101 (July 30, 2014). The Ecology Center is one of CDFA's subgrantees on this project and has contracts in place with many of the farmers markets, farmers' market associations, CSAs, farms stands, and stores participating in CNIP. This Memorandum of Understanding does not supersede either CDFA's grants agreement with the Ecology Center nor the Ecology Center's contract with City of Redlands (market or "firm"), the "Firm". This MOU outlines specific requirements of City of Redlands "firm") and CDFA, but City of Redlands (market or (market or "firm") is still subject to additional requirements outlined in its contract with the Ecology Center and grant with CDFA. GusNIP MOU Page 1 cdfa Firm/Market Information Name of Firm (including any other names the firm does business under): City of Redlands Mailing Address of Market Operator: P.O. Box 3005 Redlands, Ca 92373 Site Name #1 Saturday Monring Market Address Redlands Blvd (Between 5th and 6th street) Cross Street 5th Street City Redlands Zip Code 92373 County San Bernardino County Phone 909-798-7572 Months of Operation January - November Day(s) of Operation Saturday Start Time 9:00 a.m. End Time 1:00 p.m. FNS Number 0428832 Site Name #2 Address Cross Street City Zip Code County Phone Months of Operation Day(s) of Operation Start Time End Time FNS Number Site Name 43 Address Cross Street City Zip Code County Phone Months of Operation Day(s) of Operation Start Time End Time FNS Number GusNIP MOU Page 2 cdfa Expected starting date of participation in C_ DFXs GusNIP project: January 1, 2025 Expected ending date of participation: December 31, 2027 Incentives being offered: CalFresh shoppers spending their CalFresh (SNAP) benefits will receive incentives for the purchase of California grown fresh fruit and vegetables. Firm Responsibilities Data: The firm will provide CDFA and/or its affiliates the Ecology Center and the Nutrition Policy Institute with all the incentive transaction related data necessary for a robust evaluation of the grant project. This data will also be shared with the National Institute of Agriculture and the Food and Nutrition Service as part of the GusNIP grant. GusNIP and SNAP rules: The firm will follow all relevant GusNIP and SNAP rules including, but not limited to, the following: • The firm will only accept incentives for California grown fresh fruits and vegetables • The firm will never accept incentives for ineligible products (i.e., non-food, alcohol, tobacco, or hot food products) • The firm will never exchange incentives for cash; • The firm will never provide cash or SNAP EBT change for incentives • The firm will never accept incentives from individuals known not to be legally entitled to possess incentives • The firm will never accept incentives to pay credit accounts • The firm will never knowingly provide false information of a substantive nature regarding their participation in the grant project Any failure to abide by GusNIP and SNAP rules may result in SNAP disqualification, civil money penalties, and/or criminal penalties. Failure to abide by GusNIP grant program rules may result in rescission, in whole or in part, of the grant funds. CDFA Responsibilities CDFA, as the primary GusNIP grantee, is responsible for overseeing firms participating in their grant project to ensure that SNAP and GusNIP rules are followed and will be held responsible for instances of noncompliance that occur at any of the participating firms. Breach The Firm may be in material breach under this MOU if it fails to comply with any term of this MOU, GusNIP, or SNAP rules. In the event of a material breach, CDFA shall provide a written notice of breach to the Firm and any course of action required to cure the breach. Termination This agreement may be terminated by either party prior to the intended date of termination by written notice. If any action is taken to terminate, in whole or in part, CDFAs primary grant agreement with the Ecology Center, or the Ecology Center's contract with City of Redlands (market or "firm"), this MOU is no longer valid as City of Redlands no longer authorized to participate in CDFA's GusNIP grant. (market or "firm") is GusNIP MOU Page 3 cdfa Firm (City of Redlands Name: MAR10 5AW-EV a Phone: f 101) 7 15 " 74 55- Authorized Signature: _ Date: Ecology Center: Name: Authorized Signature: Date: California Department of Food and Agriculture (federal GusNIP grantee): Name: Authorized Signature: Date: GusNIP MQU Page 4