Resolution of the City of Jersey City, N.J.

(1)

Resolution of the City of Jersey City, N.J.

File No.

Agenda No.

Approved:

Res. 21-700 10.11 Oct 14 2021

RESOLUTION AUTHORIZING A MODIFIED AGREEMENT WITH COMMUNITY FOOD BANK OF NEW JERSEY FOR NJ SNAP-ED NUTRITION AND FITNESS EDUCATION PROGRAMMING.

COUNCIL offered and moved adoption of the following resolution:

Whereas, the City of Jersey City (“City”) is dedicated to improving public health outcomes; and

Whereas, the Community Food Bank of New Jersey develops nutrition education and physical fitness workshops and programming for communities throughout New Jersey; and

Whereas, the City is willing to undertake the responsibilities required of the NJ SNAP-Ed nutrition education program, including providing sites for SNAP-Ed programming, supervision of the sites, recruiting of participants for each site, and documentation of SNAP-Ed participation; and

Whereas, as set forth in the modified Agreements included herewith, the Community Food Bank of New Jersey will provide site preparation, conduct education and instruction, document their work, and assist with site clean-up; and

Whereas, the term of these Agreements will begin on or about October 1, 2021 and conclude on September 30, 2022;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JERSEY CITY AS FOLLOWS:

1. The City is authorized to enter into the modified Agreements with the Community Food Bank of New Jersey, incorporating substantially the terms listed above.

2. Subject to such modifications as may be deemed necessary or appropriate by Corporation Counsel, the Mayor or Business Administrator is authorized to execute the attached Agreements, and any other documents necessary to effectuate the purpose of this resolution.

(2)

Res. 21-700 Approved: October 14 2021

Resolution authorizing a modified agreement with community food bank of new jersey for NJ SNAP-ED Nutrition and Fitness Education Programming.

APPROVED AS TO LEGAL FORM

Business Administrator Corporation Counsel

☐ Certification Required

RECORD OF COUNCIL VOTE – Oct 14 9-0

AYE NAY N.V. Absent ÂYE ^NAY ^N.V. Âbsent ÂYE ^NAY ^N.V. Âbsent N.V. –

RIDLEY ✓ ^SALEH ✓ ^LAVARRO ✓ (Abstain)

PRINZ-AREY ✓ ^SOLOMON ✓ ^RIVERA ✓

BOGGIANO ✓ ^ROBINSON ✓ WATTERMAN,

PRES ✓

Adopted at a meeting of the Municipal Council of the City of Jersey.

President of Council City Clerk

(3)

Res. 21-700 Approved: October 14 2021

Resolution authorizing a modified agreement with community food bank of new jersey for NJ SNAP-ED Nutrition and Fitness Education Programming.

RESOLUTION FACT SHEET -

This summary sheet is to be attached to the front of any resolution that is submitted for Council consideration. Incomplete or vague fact sheets will be returned with the resolution.

Project Manager

Mory Thomas, Project Lead Healthy Greens JC Vertical Farms

201.547.5344 MThomas@jcnj.org Division Division of Food and Nutrition

Note: Project Manager must be available by phone during agenda meeting (Wednesday prior to council meeting @ 1:00 p.m.)

Purpose

Approve a modified zero-dollar agreement between DHHS and CFBNJ for SNAP-Ed program Contract term (include all)

1 year

Type of award: Zero Dollar Agreement ATTACHMENTS:

GW-CFBNJ - Addendum - Jersey City DOH Resolution Version v3 GW-CFBNJ - Jersey City BOE Addendum- Resolution Version v6

CFBNJ-Auto Renewal Agreement_FFY22_Jersey City Department of Health

Approved by Status:

Jeremy Jacobsen, Attorney Approved - Oct 01 2021

John Metro, Acting Business Administrator Approved - Oct 06 2021

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Community FoodBank of New Jersey (CFBNJ) Site and Additional Term Addendum.

This Addendum stipulates all sites listed below, which Sites would be subject to all points approved on the Program Agreement dated October __, 2021 between the City of Jersey City and Community FoodBank of New Jersey, Inc. “Program Agreement” and which agreement is modified and supplemented by the terms listed in the Additional Terms section of this Addendum (collectively, the “Agreement”):

Site Name Site Address City Zip Site Contact

Name

Site Contact’s email Site Contact’s phone

Alt Contact Name

Alt Contact Email Alt Contact Phone

Date Entered (Internal Use Only-

MM/DD/YYYY Initials) Bethune Center 140 Martin

Luther King Drive

Jersey City 07305 Patricia

Lindor PLindor@jcnj.org (201) 547-

4578 Diana Lee dlee@jcnj.org (201) 319-

6060 Boyd McGuiness 2555 John

Fitzgerald Kennedy Boulevard

Jersey City 07304 Diana Lee dlee@jcnj.org (201) 319-

6060 Angela Davis ADavis@jcnj.org (201) 803-

8132

Maureen Collier

Senior Center 335 Bergen

Avenue Jersey City 07305 Diana Lee dlee@jcnj.org (201) 319-

8132 Joseph Connors

Senior Center

28 Paterson Street

6060

Angela Davis ADavis@jcnj.org (201) 803- 8132 Grace Van Vorst

Church 39 Erie Street Jersey City 07302 Yrina Riveros yriveros@newdestinyfsc.org (973) 709-

8132 Hoboken Senior

Multi-service Center

124 Grand

Street Jersey City 07302 Diana Lee dlee@jcnj.org (201) 319-

8132 Jersey City

Department of Health

1 Jackson

Square Jersey City 07305 Diana Lee dlee@jcnj.org (201) 319-

8132

Jersey City WIC 360 Martin Jersey City 07305 Sandra ssarabamoun@jcnj.org (201) 547- Stacey Sflanagan@jcnj.org (201) 547-

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Jersey City Department of Health Addendum Page 2 of 7

Program Luther King

Drive Sarabamoun 4665 Flanagan 6560

Ocean Pointe

Apartments 461 Ocean

8132 Ocean Towers 425 Ocean

8132 Olga Rodriguez 358

Montgomery Street

8132

Riverview Farmers

Market NJ 498 Palisades

Avenue Jersey City 07307 Mark and

Beverly Brown

farmsintheheights@gmail.com (570) 977-

6265 Diana Lee dlee@jcnj.org (201) 319-

6060

Summit Plaza

Apartments 730 Newark

8132 The Bethune Center 140 Martin

Luther King Boulevard

8132

Villa Borinquen (Paco)

398 Grove Street

6060

Angela Davis ADavis@jcnj.org (201) 803- 8132 Bayonne Site (4^th

Street) #2 16^th West 4^th

Street Bayonne 07002 Diana Lee dlee@jcnj.org (201) 319-

8132 Bayonne Site

(Backbay Gardens)

#1

535 Avenue A Bayonne 07002 Diana Lee dlee@jcnj.org (201) 319-

8132

East Newark Senior 37 President East Newark 07029 Yrina Riveros yriveros@newdestinyfsc.org (973) 709- Angela Davis ADavis@jcnj.org (201) 803-

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Center Street 5074 8132 Guttenberg Senior

Center 7005

Boulevard East

Guttenberg 07093 Diana Lee dlee@jcnj.org (201) 319-

8132

Harrison Senior

Citizens Center 221 Harrison

Avenue Harrison 07029 Diana Lee dlee@jcnj.org (201) 319-

8132 Hudson County

Welfare Department

515 54th

Street West New

York 07093 Diana Lee dlee@jcnj.org (201) 319-

8132

North Bergen

Collum 6299 Grand

Avenue North

Bergen 07047 Diana Lee dlee@jcnj.org (201) 319-

8132 North Bergen

Nutrition Senior Center

1441-45th

Street North

Bergen 07047 Diana Lee dlee@jcnj.org (201) 319-

8132

Secaucus Nutrition

Senior Center 101 Centre

Avenue Secaucus 07094 Diana Lee dlee@jcnj.org (201) 319-

8132 Weehawken

Seniors 201

Highwood Avenue

Weehawken 07086 Diana Lee dlee@jcnj.org (201) 319-

8132

Weehawken Seniors- Gregory Street

525 Gregory

Street Weehawken 07086 Diana Lee dlee@jcnj.org (201) 319-

8132

Lafayette Living

Center 463 Pacific

Avenue Jersey City 07304

Hamilton Park Leslie

Holechek hpnafmkt@gmail.com 215-801-

3529 Wednesdays:

4pm to 7pm

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Historic Downtown SID

Grove PATH Plaza, Newark Ave Pedestrian Mall

Rachel Sieg Rachel.hdsid@gmail.com 201-57-3554 Mon &

Thursday: 4pm to 8pm

Journal Square Journal Square Fountain (near PATH plaza)

Alison Tulli alison@publicspaces.com 201-918-

2426 Wed & Fridays:

2pm to 7pm

Lincoln Park 1 Lincoln Park Dr

Neil Boyle Neilboyle007@gmail.com 973-573- 0745

Sundays: 10am to 3pm

Paulus Hook Washington St south of Dudley St.

Riza Hunger rizahunger@gmail.com 201-687-

9064 Saturdays: 10

am to 2pm

Riverview Rachel

Meyers farmsintheheights@gmail.com 917-734-

3657 Sundays: 10am

to 2pm

Van Vorst 281

Montgomery St

Marc Wesson Marcwesson7@gmail.com 201-965-

0632 Saturdays 9am

to 2pm (and 10am to 1pm in winter)

Additional terms:

Term and Termination: The preamble paragraph and termination provisions in section V of the Program Agreement concerning term and termination are hereby stricken and replaced by the following:

The term of this Agreement for SNAP-Ed nutrition and fitness education program shall run from October 1, 2021 through September 30, 2022. Notwithstanding any provision of this Agreement to the contrary, (a) both party’s respective obligations hereunder are subject to the continued availability of funding, and either party may cancel the Program and terminate this Agreement upon reasonable notice to the other party if sufficient funding for the Program is no longer available to it, and (b) Either party shall have the right to cancel the Program and terminate this Agreement for convenience at any time upon no less than ninety (90) days’ prior notice to the other party.

All terms and conditions of this Agreement shall be subject to all state, federal and local legal requirements and directives related thereto in addition to all other applicable laws, rules, and regulations. The parties agree that unless otherwise agreed to, all obligations by either party under this agreement during the COVID-19 pandemic shall be performed using means other than in-person contact, including that

Page 7 of 24

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the Program shall be conducted using virtual or remote learning technology, until such time as performing or conducting the same in-person would be mutually agreed upon by both parties hereto.

Alternative Sites: In the event that any contemplated Sites are (or become) unsuitable or unavailable or if they lack adequate access for the Program despite the City’s diligent efforts to secure the same, the City will notify CFBNJ in advance of the issue and the parties will cooperate in good faith to identify alternative Sites meeting the above criteria to the extent necessary to effectuate the goals of the Program.

Allergen Notice: The language in the Allergen Notice portion of Section II of the Program Agreement is hereby stricken and replaced with the following:

Classes that are conducted virtually will not have cooking demonstrations, therefore the following will not apply for virtual education workshops. For in person education workshops, CFBNJ shall ensure that all recipes utilized in the Program do not contain the following commonly used allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, and soybean. The City shall be responsible for determining if any program participant has (a) a wheat or any other allergy, or (b) any other dietary restriction that would, in each case, prohibit such participant from being exposed to and/or from participating in the associated NJ SNAP- Ed workshop. If the recipe contains a wheat, other allergen or other dietary restricted item applicable to one the workshop participants, the City must notify CFBNJ in writing at least 48 hours in advance of a scheduled workshop to request an alternative ingredient if the City desires one. If the City provides less than 48-hours notice for such substitution then CFBNJ may cancel the workshop. Regardless of notice, if an alternative ingredient cannot feasibly be substituted after reasonable efforts to identify and secure one have been made then either the City or CFBNJ may cancel the workshop.

City Parking Responsibilities: It is clarified that the City’s obligations to secure safe parking at Sites is limited to taking reasonable measures to do so, which may not be entirely practicable at every Site.

CFBNJ Responsibilities: Section III of the agreement is modified as follows:

Workshop instruction is replaced with: “CFBNJ Nutrition Educators will implement workshops, including providing instruction to participants, and CFBNJ will provide participants will all NJ SNAP-Ed lesson materials. CFBNJ will ensure that cooking supplies and equipment will be provided, distributed and managed by NJ SNAP-Ed for all in person workshops, provided, that, CFBNJ shall not be liable for any misuse of cooking supplies and equipment except to the extent the same may be due to negligence in discharge of CFBNJ’s contractual responsibilities. CFBNJ will ensure that links and virtual class links will be provided by NJ SNAP-Ed using a registration platform mutually agreed upon by both parties.

“Documentation” subsection is stricken and replaced with: “Subject to review and approval by the State, CFBNJ will provide all necessary paperwork for completion, including pre- and/or post-surveys participants for related workshop series. CFBNJ shall provide the City with records of attendance records and rosters and other materials the City reasonably requires to use for purposes of evaluation of Program impact.”

Insurance. CFBNJ shall maintain sufficient insurance to protect against all claims under Workmen's Compensation, General, Automobile Liability and Professional Liability and shall be subject to approval for adequacy of protection. Insurance requirements are as follows:

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Commercial General Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, including Products and Completed Operations and Contractual Liability coverage.

Workers' Compensation with NJ statutory limits covering all employees of Proposer and/or subcontractors and Employers' Liability in the amount of $1,000,000

Automobile Liability in the amount of $1,000,000 combined single limit, for bodily injury and property damage, covering all owned, non-owned and/or hired automobiles used in the course of the project and/or contract work. Also, required are Endorsements MCS-90 and CA-9948 Pollution Liability – broadened coverage for covered autos.

If requested in writing, CFBNJ shall furnish the City with a Certificate of Insurance (Certificate) verifying evidence of such insurance upon execution of this Contract.

The insurance policies required shall be kept in force until the termination of the Program hereunder.

The Hold Harmless provisions in the Program Agreement are hereby stricken and replaced with:

To the extent permitted by law, each party (the “indemnifying party”) shall indemnify, defend and hold harmless the other party, its officers, directors, and employees, from and against all claims, damages, losses and expense for injuries to or loss of life to or loss of use of property, including but not limited to reasonable attorney’s fees, caused by the indemnifying party’s material breach of the Agreement, provided that such indemnifying party shall not have any responsibility under this clause except to the extent that any such claim, damage, loss or expense is caused by negligent activities of such indemnifying party and/or any of its employees and not by the negligence of the indemnified party.

The “Limitation of Liability” paragraph under Section IV of the Agreement is hereby deleted and given no force or effect.

The following language is added as a separate point in Section IV of the Agreement:

To the greatest extent practicable within the federally mandated curricula, CFBNJ shall incorporate leafy green vegetables into recipes and instruction for such workshops as are partnered with the City’s vertical farming program.

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This Addendum is hereby incorporated explicitly into and made an integral part of the Agreement between the parties with respect to the subject matter thereof. In the event of any conflict or inconsistency between the Program Agreement and this Addendum, the terms of this Addendum shall control.

City of Jersey City

___________________________________ CFBNJ

___________________________________

Name: John Metro Name:

Title: Business Administrator Title:

Phone: (201) 547 4513 Phone:

Email: jmetro@jcnj.org Email:

Signature: Signature:

Date: Date:

Please list the sites that are going to receive intervention immediately at the top of the list and highlight them. These sites must list one main contact and one alternative contact.

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Jersey City Public Schools (BOE) Addendum Page 1 of 7

6224028v.3

Community FoodBank of New Jersey (CFBNJ) Site and Additional Term Addendum.

This Addendum stipulates all sites listed below, which Sites would be subject to all points approved on the Program Agreement dated October __, 2021 between the City of Jersey City and Community FoodBank of New Jersey, Inc. “Program Agreement” and which agreement is modified and supplemented by the terms listed in the Additional Terms section of this Addendum (collectively, the “Agreement”).

Site Name Site Address City Zip Site Contact

Name Site Contact’s email Site

Contact’s phone

Alt Contact

Name Alt Contact Email Alt Contact

Phone Date Entered

(Internal Use Only-

MM/DD/YYYY Initials)

Innovation High

School 239 Bergen

Avenue

Jersey City 07305 Judith Lagani jlagani@jcboe.org (201) 369-

2808 CHRISTINE

DARAKJIAN-

GADSDEN cdarakjiangadsden@jcboe.org Jersey City PS 14 153 Union

Street Jersey City 07304 Magdov

Savino msavino@jcboe.org (201) 915-

6203 Jersey City PS 22 264 Van

Horne Street

Jersey City 07304 Janine Anderson

janderson@jcboe.org (201) 915- 6480 Jersey City PS 24 220 Virginia

Avenue Jersey City 07304 Roasalyn

Barnes rbarnes1@jcboe.org (201) 915-

6510 Jersey City PS 29 123

Claremont Avenue

Jersey City 07305 Magdov

6203

Jersey City PS 30- Alexander D Sullivan Elementary School

171 Seaview

Avenue Jersey City 07305 Cathy

Garofalo

(201) 220-

8802 Cathie

Garafolo cgarofalo@jcboe.org

<cgarofalo@jcboe.org>; (201) 220- 8802 Jersey City PS 34 1830 John F

Kennedy Jersey City 07087 Paullete

Bailey pbailey@jcboe.org (201) 915-

6550

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Jersey City Public Schools (BOE) Addendum Boulevard

Jersey City PS 39 214 Plainfield

Avenue Jersey City 07306 Magdov

6550 Felicia

Ferguson Best fferguson-best@jcboe.org Jersey City PS 41-

The Fred W Martin School

59 Wilkinson

Avenue Jersey City 07305 Glenda

Jennings gjennings@jcboe.org (551) 697-

0478 Glenda

Jennings gjennings@jcboe.org

Jersey City PS 8- Charles E.

Truefurt School

96 Franklin Street

Jersey City 07307 John Byrne jbyrne@jcboe.org

(732) 742- 4584

Judith Lagani jlagani@jcboe.org (551) 697- 0478

Martin Luther King Jr School Jersey City PS

#11

886 Bergen

Avenue Jersey City 07306 Cleopatra

Wingard cwingard@jcboe.org

(201) 915-

6521 Felicia

Ferguson-Best fferguson-best@jcboe.org (201) 915- 6521 Snyder High

School (Henry Snyder)

239 Bergen

Avenue Jersey City 07305 Judith Lagani jlagani@jcboe.org (201) 369-

2808 CHRISTINE

DARAKJIAN-

GADSDEN cdarakjiangadsden@jcboe.org Whitney M

Young Jr Community School 15

135 Stegman

Street Jersey City 07305 Cynthia

Renta crenta@supportiveschools.org (201) 952-

0106 Dave Herman dherman@jcboe.org (201) 780-

3026

Academy I 209 Bergen

Avenue Jersey City 07305 Margaret

Freeman gmoriarty@jcboe.org 201-915-

6500 Adult Evening

High School 2 Palisades

Avenue Jersey City 07306 Dave Herman dherman@jcboe.org 201-714-

4440 Alexander D.

Sullivan School 171 Seaview

Avenue Jersey City 07305 Dr. Martha

Osei-Yaw moseiyaw@jcboe.org

201-915- 6530

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6224028v.3

Alfred Zampella

School 201 North

Street Jersey City 07307 Blanca

Jackson bjackson@jcboe.org

201-714- 4350 Chaplain Charles

Watters School 220 Virginia

Avenue Jersey City 07304 Rosalyn

Barne rbarnes@jcboe.org 201-915- 6510 Charles E. Trefurt

School 96 Franklin

Street Jersey City 07307 Dr. Darrell

Carson

dcarson@jcboe.org

201-714- 4320

Christa

McAuliffe School

167 Hancock

Avenue Jersey City 07307 Frank

Borroto fborroto@jcboe.org 201-714- 4360

Cornelia F.

Bradford School

96 Sussex

Street Jersey City 07302 Terry

Watkins- Williams

twatkinswilliams@jcboe.org 201-915- 6450

Dr Ronald McNair High School

123 Coles Street

Jersey City 07302 Thomas Macagnano

tmacagnano@jcboe.org 201-418- 7617

Dr. Maya Angelou Elementary School

239 Ocean

Avenue Jersey City 07305 Hani IIleya hileya@cboe.org 201-915-

6470

Dr. Michael Conti School

182 Merseles

Street Jersey City 07302 John Rivero jrivero@jcboe.org 201-714-

4300

Dr. Paul

^{362 Union}

Street Jersey City 07304 Janeen

Maniscalco

jmaniscalco@jcboe.org 201-915- 6540

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Jersey City Public Schools (BOE) Addendum

Rafalides

School

Ezra L. Nolan School

88 Gates

Avenue Jersey City 07305 Troy Smith tsmith@jcboe.org 201-915-

6570

Frank R

Conwell School

111 Bright Street

Jersey City 07302 Darren Mischel

dmischel@jcboe.org

201-915- 6100

Gladys Nunery School

123 Claremont Avenue

Jersey City 07305 Robert O'Connor

roconnor@jcboe.org

201-915- 6520

Infinity

Institute

193 Old Bergen Road

Jersey City 07305 Treniere Dobson

tdobson@jcboe.org

201-915- 1404

James F.

Murray School

339 Stegman

Parkway Jersey City 07305 Sandra

Jones Laguay

sjones@jcboe.org

201-915- 6620

James J Ferris High School

35 Colgate Street

Jersey City 07302 Deneen Alford

dalford@jcboe.org 201-915- 6660

Joseph H.

Brensinger School

600 Bergen

Avenue Jersey City 07304 Dr. Robert

Brower

rbrower@jcboe.org 201-915- 6120

Jotham W.

Wakeman School

100 St. Pauls

Avenue Jersey City 07306 Joseph

Apruzzese

japrizzesse@jcboe.org 201-714- 4310

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6224028v.3

Julia A. Barnes School

91 Astor

Place Jersey City 07304 Donald

Howard Jr.

dhoward@jcboe.org

201-915- 6420

Liberty High

School

299 Sip

Avenue Jersey City 07306 Monica

Grazilla

mgrazilla@jcboe.org

201-714- 4373

Lincoln High

School

60 Crescent

Avenue Jersey City 07304 Chris

Gadsden

crichardson- evans@jcboe.org

201-915- 6700

Mahatma K.

Gandhi School

143 Romaine

Avenue Jersey City 07306 Peter

Mattaliano

pmattaliano@jcboe.org 201-915- 6490

Martin Center

for the Arts

59 Wilkinson

Avenue Jersey City 07305 Glenda

Jennings

gjennings@jcboe.org 201-915- 6590

Middle School

# 4

107 Bright

Street Jersey City 07302 Richard

Stellato

rstellato@jcboe.org 201-946- 5740

Nicolaus

Copernicus School

3385 Kennedy Boulevard

Jersey City 07307 Diane Pistilli dpistilli@jcboe.org

201-714- 4340

Patricia M.

Noonan School, PS #26

164 Laidlaw

Avenue Jersey City 07306 Alan

Lamonica alamonica@jcboe.org

201-963- 7160

Rafael Cordero y Molina

158 Erie

Street Jersey City 07302 Derek

Stanton

dstanton@jcboe.org 201-714- 4390

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Regional Day

School

425 Johnson

Avenue Jersey City 07304 Colleen

Henry

chenry@jcboe.org 201-915- 6165

William L

Dickinson High School

2 Palisades

Avenue Jersey City 07306 Gekson

Casillas

gcasillas@jcboe.org 201-714- 4400

Additional terms:

Term and Termination: The preamble paragraph and termination provisions in section V of the Program Agreement concerning term and termination are hereby stricken and replaced by the following:

The term of this Agreement for SNAP-Ed nutrition and fitness education program shall run from October 1, 2021 through September 30, 2022. Notwithstanding any provision of this Agreement to the contrary, (a) both party’s respective obligations hereunder are subject to the continued availability of funding, and either party may cancel the Program and terminate this Agreement upon reasonable notice to the other party if sufficient funding for the Program is no longer available to it, and (b) Either party shall have the right to cancel the Program and terminate this Agreement for convenience at any time upon no less than ninety (90) days’ prior notice to the other party.

All terms and conditions of this Agreement shall be subject to all state, federal and local legal requirements and directives related thereto in addition to all other applicable laws, rules, and regulations. The parties agree that unless otherwise agreed to, all obligations by either party under this agreement during the COVID-19 pandemic shall be performed using means other than in-person contact, including that the Program shall be conducted using virtual or remote learning technology, until such time as performing or conducting the same in-person would be mutually agreed upon by both parties hereto.

Alternative Sites: In the event that any contemplated Sites are (or become) unsuitable or unavailable or if they lack adequate access for the Program despite the City’s diligent efforts to secure the same, the City will notify CFBNJ in advance of the issue and the parties will cooperate in good faith to identify alternative Sites meeting the above criteria to the extent necessary to effectuate the goals of the Program.

Allergen Notice: The language in the Allergen Notice portion of Section II of the Program Agreement is hereby stricken and replaced with the following:

Classes that are conducted virtually will not have cooking demonstrations, therefore the following will not apply for virtual education workshops. For in person education workshops, CFBNJ shall ensure that all recipes utilized in the Program do not contain the following commonly used allergens: milk, eggs, fish, shellfish, tree nuts, peanuts, and soybean. The City shall be responsible for determining if any program participant has (a) a wheat or any other allergy, or (b) any other dietary restriction that would, in each case, prohibit such participant from being exposed to and/or from participating in the associated NJ SNAP- Ed workshop. If the recipe contains a wheat, other allergen or other dietary restricted item applicable to one the workshop participants, the City must notify CFBNJ in writing at least 48 hours in advance of a

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6224028v.3

scheduled workshop to request an alternative ingredient if the City desires one. If the City provides less than 48-hours notice for such substitution then CFBNJ may cancel the workshop. Regardless of notice, if an alternative ingredient cannot feasibly be substituted after reasonable efforts to identify and secure one have been made then either the City or CFBNJ may cancel the workshop.

City Parking Responsibilities: It is clarified that the City’s obligations to secure safe parking at Sites is limited to taking reasonable measures to do so, which may not be entirely practicable at every Site.

CFBNJ Responsibilities: Section III of the agreement is modified as follows:

Workshop instruction is replaced with: “CFBNJ Nutrition Educators will implement workshops, including providing instruction to participants, and CFBNJ will provide participants will all NJ SNAP-Ed lesson materials. CFBNJ will ensure that cooking supplies and equipment will be provided, distributed and managed by NJ SNAP-Ed for all in person workshops, provided, that, CFBNJ shall not be liable for any misuse of cooking supplies and equipment except to the extent the same may be due to negligence in discharge of CFBNJ’s contractual responsibilities. CFBNJ will ensure that links and virtual class links will be provided by NJ SNAP-Ed using a registration platform mutually agreed upon by both parties.

“Documentation” subsection is stricken and replaced with: “Subject to review and approval by the State, CFBNJ will provide all necessary paperwork for completion, including pre- and/or post-surveys participants for related workshop series. CFBNJ shall provide the City with records of attendance records and rosters and other materials the City reasonably requires to use for purposes of evaluation of Program impact.”

Insurance. CFBNJ shall maintain sufficient insurance to protect against all claims under Workmen's Compensation, General, Automobile Liability and Professional Liability and shall be subject to approval for adequacy of protection. Insurance requirements are as follows:

Commercial General Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate, including Products and Completed Operations and Contractual Liability coverage.

Workers' Compensation with NJ statutory limits covering all employees of Proposer and/or subcontractors and Employers' Liability in the amount of $1,000,000

Automobile Liability in the amount of $1,000,000 combined single limit, for bodily injury and property damage, covering all owned, non-owned and/or hired automobiles used in the course of the project and/or contract work. Also, required are Endorsements MCS-90 and CA-9948 Pollution Liability – broadened coverage for covered autos.

If requested in writing, CFBNJ shall furnish the City with a Certificate of Insurance (Certificate) verifying evidence of such insurance upon execution of this Contract.

The insurance policies required shall be kept in force until the termination of the Program hereunder.

The Hold Harmless provisions in the Program Agreement are hereby stricken and replaced with:

To the extent permitted by law, each party (the “indemnifying party”) shall indemnify, defend and hold harmless the other party, its officers, directors, and employees, from and against all claims, damages, losses and expense for injuries to or loss of life to or loss of use of property, including but not limited to reasonable attorney’s fees, caused by the indemnifying party’s material breach of the

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Agreement, provided that such indemnifying party shall not have any responsibility under this clause except to the extent that any such claim, damage, loss or expense is caused by negligent activities of such indemnifying party and/or any of its employees and not by the negligence of the indemnified party.

The “Limitation of Liability” paragraph under Section IV of the Agreement is hereby deleted and given no force or effect.

The following language is added as a separate point in Section IV of the Agreement:

To the greatest extent practicable within the federally mandated curricula, CFBNJ shall incorporate leafy green vegetables into recipes and instruction for such workshops as are partnered with the City’s vertical farming program.

This Addendum is hereby incorporated explicitly into and made an integral part of the Agreement between the parties with respect to the subject matter thereof. In the event of any conflict or inconsistency between the Program Agreement and this Addendum, the terms of this Addendum shall control.

City of Jersey City

___________________________________ CFBNJ

___________________________________

Name: John Metro Name:

Title: Business Administrator Title:

Phone: (201) 547 4513 Phone:

Email: jmetro@jcnj.org Email:

Signature: Signature:

Date: Date:

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6224028v.3

Please list the sites that are going to receive intervention immediately at the top of the list and highlight them. These sites must list one main contact and one alternative contact.

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Program Agreement between

Community FoodBank of New Jersey, Inc.

and

_____________________________________

This Program Agreement (this “Agreement”), dated as of _____ __, 20__ (the “Effective Date”) is between the Community FoodBank of New Jersey, Inc. (CFBNJ) and ________________________________ for NJ SNAP-Ed nutrition and fitness education programming.

Unless earlier terminated as provided herein, the Initial term of this agreement shall be for a period of one (1) year as the Effective Date. Thereafter, unless earlier terminated as provided herein, the term of this agreement shall automatically renew for successive one (1) year terms, unless a party provides notice to the other party at least ninety (90) days in advance of the end of the then in effect term that it does not wish to renew the terms of this agreement. The term, as described in this paragraph, shall be deemed to be the “Program Term”.

I. Purpose & Scope

The purpose of this Agreement is to provide information on NJ SNAP-Ed program efforts and identify the rights and obligations of ____________________________and CFBNJ. The foregoing shall be deemed to be the “Program”.

II. ____________________________________________ Responsibilities Under This Agreement ____________________________ agrees to the following for the duration of the Program Term:

• Site(s): ____________________________________ will provide the following site(s) for the Program: ______________________________________

(collectively, the “Site”). The Site will include all utilities necessary for the Site and the Program. ___________________________ will be responsible for security with respect to the Site. ______________________________________ represents that the Site meets SNAP-Ed eligibility criteria, serving a low-income population in which at least 50% of clients are SNAP-eligible or is a school/after-school program with at least 50% of the student body participating in the free/reduce school lunch program. CFBNJ will have access to all common areas to carry out the Program if classes are conducted in person.

• Communication: Provide a minimum of one (1) qualified staff person to act as the primary point of contact with CFBNJ. This staff person will ensure notice of class/meeting cancellations and/or delays at least twenty-four (24) hours before any scheduled NJ SNAP-Ed workshop/event/meeting.

City of Jersey City

09 07 21

City of Jersey City

City of Jersey City City of Jersey City

1 Jackson Sq Jersey City NJ 07305

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• Supervision: Provide a minimum of one (1) qualified staff person/teacher to be responsible for the supervision of the participants. This includes addressing any negative behavior that may arise during the class/activity.

• Participation: Commit to implementing Direct Education classes and Policy, Systems, Environmental (PSE) change strategies which will be achieved through monthly technical assistance meetings, the creation and implementation of an action plan and completion of associated assessment tool(s).

• Promotion and Recruitment: Promote and recruit all participants for workshops to ensure that at least six to twenty (6-20) attendees for adult classes and at least eight to twenty (8-20) attendees for children/teens classes are in attendance during the workshop series. Provide regular reminders to class participants to promote attendance at NJ SNAP-Ed classes at least 2 weeks in advance and within 48 hours (about 2 days) in advance of each class. The goal is to engage the same attendees each week throughout the duration of the workshop series. Due to the demand for NJ SNAP-Ed programming, CFBNJ reserves the right to cancel a workshop series at a Site if two or more classes are cancelled on less than 24 hours’ notice or if a workshop has 6 or fewer participants.

• Facility: For in person classes, provide space, tables, and chairs for the following:

▪ Comfortably and safely accommodate up to twenty-five (25) people in space that is conducive for class learning;

▪ Provide access to a sink suitable for washing produce, pots, and handling utensils;

▪ Access to electric outlets equipped to handle the voltage from countertop cooking equipment such as a blender or hot plate;

▪ Safe parking near entrance of the facility;

▪ Ensure kitchen and class areas are clean and empty of other groups 45 minutes prior to class start time and until 30 minutes after class end time.

• Documentation: Provide signed Agreement prior to the start of NJ SNAP-Ed workshop series, and any required program documentation specified by CFBNJ and as dictated by NJ SNAP-Ed (such as attendance sheets, permission slips, online registration list, etc.).

• Allergen Notice: For education workshops or any other workshops where food and/or drink will be ingested, it is ___________’s responsibility to ensure that any allergens and/or food items that violate a participant’s or attendee’s dietary restrictions are not to be consumed by such participant or attendee and that there is no cross contamination during the Program. ___________must determine if any program participants or attendees have allergies or dietary restrictions which would prohibit them from being exposed to and/or from participating in the associated CFBNJ/NJ SNAP-Ed workshop. If such instances, _____________ must

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(a) immediately inform CFBNJ in writing, (b) identify and separate the applicable food/drink items so that the applicable participants or attendees will not be affected, or do not order such food/drink items at all, and (c) if requested by CFBNJ after receipt of the written notice as contemplated by (a), restrict attendance by such participants and attendees. If a recipe cannot be completed without a potential allergen, _____________ must notify CFBNJ in writing and at least 48 hours in advance of a scheduled workshop to request an alternative ingredient. If no alternative ingredient is available, CFBNJ may cancel the workshop.

_____________ will be solely responsible for having each participant and attendee sign a waiver and release as a condition to such participant’s or attendee’s participation in any CFBNJ/NJ SNAP-Ed program or workshop (including any such forms provided by CFBNJ), but in no event shall the signing of such waiver and release (or lack thereof) affect or mitigate the Site’s responsibilities under this this Agreement, including under this Section.

III. CFBNJ Responsibilities

CFBNJ will provide the following to ____________________________________ during the Program Term:

• Communication: Provide regular communication via phone and email by a CFBNJ Staff Member regarding the Program. This will include details related to Program duration, target age group/grade level, staff arrival/departure times, room needs (including space to prepare foods or conduct physical activity, if necessary), and a complete listing of any foods that will be prepared.

• Preparation: Provide and prepare all class/event related materials including educational materials and food for cooking demonstrations and taste-testing.

CFBNJ Staff and trained staff, Nutrition Educators, will arrive to set up at least 15 minutes prior to the scheduled start time. CFBNJ will provide ________________________________ with notice of class cancellations or delays.

• Workshop Instruction: Nutrition Educators will implement workshops. CFBNJ will provide participants with all NJ SNAP-Ed lesson materials. Cooking supplies and equipment will be provided by NJ SNAP-Ed for all in-person workshops. Registration links and virtual class links will be provided by NJ SNAP-Ed unless otherwise agreed upon.

• Workshop Clean-up: Nutrition Educators will clean-up any workshop materials remaining after the workshop.

• Documentation: If needed, CFBNJ will provide all necessary paperwork for completion, including pre- and/or post-surveys participants for related workshop series.

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4 IV. Miscellaneous:

• Limitation of Liability: As a material inducement to CFBNJ agreeing to conduct the Program, ______________ hereby agrees that CFBNJ shall not be liable (whether based on contract, indemnification, warranty, tort, strict liability or otherwise) to the Site or any third party or other party for any damages whatsoever, including without limitation, special, indirect, incidental, consequential, punitive, exemplary or direct damages resulting from any act or omission in any way associated with this Agreement, except to the extent that CFBNJ is found liable for gross negligence or intentional misconduct, in which case CFBNJ shall not be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages.

• Termination. Notwithstanding any provision of this Agreement to the contrary, (a) CFBNJ's obligation to provide the Program is subject to available funding, and CFBNJ may cancel the Program and terminate this Agreement upon no less than 15 days’ prior notice to _______________________ if sufficient funding for the Program is no longer available to CFBNJ, and (b) without limiting the foregoing, CFBNJ shall have the right to cancel the Program and terminate this Agreement at any time upon no less than 45 days’ prior notice to ___________________________________.

• Independent Contractor. This Agreement is not intended, and shall not be construed, to create an employment relationship, partnership, or other such association as between the parties hereto. CFBNJ is an independent contractor of ______________________________________________, and

______________________________________________ is an independent contractor of CFBNJ.

• Hold Harmless: _____________________ shall indemnify, defend and hold harmless CFBNJ, its officers, directors, trustees, employees, representatives, and affiliates from and against all claims, damages, losses, and expense for injuries to or loss of life to or loss of use of property, including but not limited to reasonable attorney’s fees, arising out of or resulting from the performance of _____________’s obligations under this Agreement, provided that ____________

shall not have any responsibility under this clause if such claim, damage, loss or expense is caused by the gross negligence or intentional misconduct of CFBNJ.

• Entire Agreement: This Agreement constitutes the entire between among the parties concerning the subject matter hereof and supersedes all prior agreements, understandings, memoranda, or other such communications, whether written or oral, concerning such subject matter.

• Assignment: No party may assign this Agreement or otherwise delegate its obligations hereunder without the prior approval of the other party.

• Amendments: This Agreement shall not be modified, except by a writing signed by the parties hereto.

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• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to conflict of law rules.

• Use of CFBNJ’s Name and NJ SNAP-Ed:

_________________________________________ _ is prohibited from using CFBNJ’s or NJ SNAP-Ed’s name, logo, mark, or any other identifying symbol as a business reference, in advertising or sales promotion, or in any publicity matter without CFBNJ’s prior written consent.

It Is Mutually Understood and Agreed by and Between the Parties that:

___________________________________ 

Point of Contact: 

CFBNJ Point of Contact: 

Name:     

Title:     

Phone:     

Email:   

Signature:     

Date:     

Please list at least one:

    Alternate Point of Contact (1):   Alternate Point of Contact (2): 

Name:   

Title:   

Phone:   

Email:   

“This institution is an equal opportunity provider. This material was funded by USDA's Supplemental Nutrition Assistance Program - SNAP in cooperation with New Jersey Department of Health and New Jersey Department of Human Services. The Community FoodBank of New Jersey will not discriminate against any person because of race, age, sex, color, sexual orientation, physical or mental disability, religion, ancestry or national origin, marital status, genetic information, political affiliation, and gender identity or expression.”

City of Jersey City

John Metro

Businss Administrator

(201) 547 4513

jmetro@jcnj.org

Eva Mancheno, MS

SNAP-Ed Adult Education Program Manager

(848)236-2908

emancheno@cfbnj.org