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ecology 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 City of Redlands with offices at
111 W. Lugonia, Redlands, CA 92374 (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 24-0856-000-SG.
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 of this
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:
I. Term, Engagement, and Services: This Agreement is effective as of June 1, 2025 and
terminates on December 31,2025 unless terminated earlier as provided herein. During the
term of this Agreement, the Ecology Center hereby engages Contractor and Contractor
-- - hereby agreestoserve 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 ormaterially
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.
Compliance with Terms of the Ecology Center Grant CDFA Agreement
4- - - : Contractor agrees to comply with all terms and conditions applicable
to the Ecology Center's Grant Agreement with 24-0856-000-SG. 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 Terns and
Conditions (06/11) and NIFA Agency Specific Terns and Conditions (10/14) at
htt s://www.nifa.usda. ov/ ants/re la ion -and- uidelines/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 rowse collec iiQnCfr.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.
Contractor is required to provide a non-federal match as stated in Attachment A:
Budget. All matching funds must directly benefit and be specifically identifiable with
approved project objectives. The Contractor is required to maintain complete, accurate,
up-to-date records to support all matching activities under the award. Matching
requirements may not be satisfied with Federal funds or with property or services
provided under another Federal assistance award.
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.
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 $1,862.25. Contractor agrees to distribute
$4,020.00in incentives on SNAP/CalFresh purchases as set forth in Attachment B. Total
payment for Services and Incentives distribution under this Agreement shall not exceed
$5,882.25.
In addition, Contractor agrees to contribute non-federal, cash, or in -kind match, of
goods or services equal to or exceeding$4,552.85 in fulfillment of the
deliverables of the project as set forth in Attachment A: Budget. Contractor certifies that
all match sources are non-federal and all match expenses and in -kind services are for the
purposes and objectives set forth in the terms and conditions of the Federal and State
award and meet all grant award requirements pertaining to project match. All original
match expense receipts, invoices, and other back-up documentation must be retained
by the Contractor and kept on file for three years after the end of the grant period,
available on request for audit purposes.
Contractor may only distribute incentives at outlets that have been approved for
participation by USDA's Food and Nutrition Services (FNS) 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
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 7" 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 7"' 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.
4. 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
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.
5. 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. Indemnification: 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;
(c) 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
infringe upon or violate any rights of privacy, publicity, patents, copyrights or any other
rights of any nature of any third party.
8. Confidentiality: Contractor acknowledges that Contractor will have access to
proprietary and confidential information in order to perform specific duties and provide
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. Lesal 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. Assinment: 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.
11. 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 band
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, December 31, 2028. All original expense receipts,
invoices, and other back-up documentation must be retained by the Contractor and
kept on tile, 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: 5/28/2025
City of Redlands
Name of Contr g Organiz on
Signed:
Executive D' ector/Authorized Signatory
Printed Name: - H fKN ID
Date:
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6/1/25-12/31/25 CHIP Contract
Contractor Name: City of Redlands
Start Date: June 1, 2025
End Date: December 31, 2025
Distribution of Incentives
Contractor will:
• Distribute $$4,020.00 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 June 1, 2025 and December 31, 2025;
• Provide incentives that are funded by CNIP or non-federal match will only be
provided as a dollar -for -dollar match for SNAP/CalFresh purchases;
• Provide incentives that are funded by CNIP 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 snatching 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
6/1/25 - 12/31/25 CHIP Contract
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
fanners/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 ScriD 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
tmder 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 7" of each month following the month previous or as requested by the
Ecology Center, unless otherwise agreed upon with the Ecology Center in
advance;
2
6/1/25-12/31/25 CNIP Contract
• 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 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 making 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 7' 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
6/1/25-12/31/25 CNIP Contract
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.
611125 - 12/31/25 CNIP Contract
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 departmentiagency;
(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 or state department/agency.
Authorized Signature for Contractor
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