HomeMy WebLinkAboutReso 158-2024 (24-1016)Agreement No. __________ Board Resolution No. ________
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MEASURE K GRANT AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND CITY OF SOUTH SAN FRANCISCO
This Agreement is entered into this 8th day of October 2024 by and between the County of San Mateo, a
political subdivision of the state of California, hereinafter called “County,” and City of South San
Francisco, hereinafter called “Grantee.”
* * *
WHEREAS, the Grantee has applied to the County seeking a grant for the purpose of funding the
matters set forth in its Project described in Exhibit A (the “Grant”);
WHEREAS, the County has approved the grant of certain funds to Grantee pursuant to the terms
set forth in this Agreement;
NOW, THEREFORE, it is agreed by the parties to this Agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A—Project Description
Exhibit B—Reporting and Invoicing
2. Grant
County hereby grants to Grantee a sum not to exceed Two Hundred Seventy Thousand Dollars and Zero
Cents ($270,000) in consideration of and on the condition that the sum be expended for the sole purpose
of carrying out the objectives of Grantee’s Project as identified in Exhibit A, and in no event shall the
County’s total fiscal obligation under this Agreement exceed this amount. Grantee agrees to assume any
obligation to secure and furnish any additional funds that may be necessary to carry out its Project.
Funds granted under this Agreement shall not be disbursed until execution of this Agreement by County
and Grantee.
County shall disburse grant funds to Grantee 30 calendar days after receipt of a satisfactory invoice.
Invoices should be accompanied by back up documentation (e.g., receipts for professional services
rendered, salary and benefits back up, etc.) and submittal of any required summary reports outlined in
Exhibits A or B. The County reserves the right to change the disbursement method during the term of this
Agreement.
The disbursement schedule is as follows:
• Payment 1- Invoice for up to 50% of the grant ($135,000), upon submission of
receipts/invoices showing expenditures and proof of performance measures, timesheets, and
activity logs on items funded by the grant and listed in Exhibit A and/or B.
• Payment 2- Invoice for remainder of the grant ($135,000), upon submission of
receipts/invoices showing expenditures and proof of performance measures, timesheets,
and activity logs on items funded by the grant and listed in Exhibit A and/or B, including
photographs and use of Measure K logo as approved by the County.
INVOICES: Requests for grant disbursement should be (1) on the organization’s official letterhead, (2)
include date of invoice, amount requested, and Agreement number, and (3) submitted to the attention of:
County Executive’s Office
500 County Center, 5th Floor
Agreement No. __________ Board Resolution No. ________
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Redwood City, CA 94063
[email protected]
3. Term & Termination
This Agreement is subject to approval of the South San Francisco City Council and shall not go into effect
until formal approval of the South San Francisco City Council is obtained. Subject to compliance with all
terms and conditions, the term of this Agreement shall begin on the date following South San Francisco
City Council formal approval of this Agreement and continue through December 31, 2025. If the City of
South San Francisco City Council does not formally approve this Agreement by October 23, 2024,this
Agreement shall be considered terminated. County assumes all risk of possible non-acceptance of
approved and appropriated funds by Grantee.
This Agreement will not automatically renew, nor shall it create any reliance on the possibility of future
grants.
County may terminate this Agreement based upon the unavailability of Federal, State, or County funds by
providing written notice to Grantee within a reasonable time after County learns of said unavailability of
funding. Grantee acknowledges that this Agreement may be subject to approval of the Board of
Supervisors, and assumes all risk of possible non-appropriation and non-approval of funds.
County may suspend and/or terminate this Agreement if Grantee fails to comply with the terms of this
Agreement and may, in its sole discretion, withhold or cancel pending and future disbursements of grant
funds and/or require Grantee to return some or all funds disbursed under this Agreement.
4. Relationship of Parties
Notwithstanding any publicity or other references to the County required to be made in connection with
the Project as set forth in Exhibit A, Grantee understands and agrees that the Project performed under
this Agreement is not performed by Grantee as an independent contractor of the County or as an
employee of County and that neither Grantee nor its employees acquire any of the rights, privileges,
powers, or advantages of County contractors or County employees. Grantee acknowledges and agrees
that it is not, and will not hold itself out as, an agent, partner, or co-venturer of the County, and that this
Agreement is not intended to and does not create an agency, partnership, or joint venture between the
Parties.
5. Project Administration
The Parties agree that the Project as described in Exhibit A shall not be altered without a written
amendment to this Agreement, signed by both the County and the Grantee. Grantee shall provide written
reports to the County’s authorized representative in accordance with Exhibit B.
6. Hold Harmless
Grantee shall indemnify and save harmless County and its officers, agents, employees, and servants
from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the
performance of any work or services performed of Grantee in furtherance of the Project under this
Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the
following:
(A) injuries to or death of any person, including Grantee or its
employees/officers/agents/volunteers;
(B) damage to any property of any kind whatsoever and to whomsoever belonging;
(C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply with
any applicable federal, state, or local laws or regulations; or
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(D) any other loss or cost, including but not limited to that caused by the concurrent active or
passive negligence of County and/or its officers, agents, employees, or servants. However,
Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or
damage for which County has been found in a court of competent jurisdiction to be solely liable
by reason of its own negligence or willful misconduct.
The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to
defend as set forth in Section 2778 of the California Civil Code.
7. Insurance
a. General Requirements
Prior to its receipt of any funds pursuant to this Grant Agreement, Grantee shall obtain all insurance
required under this Section and such insurance shall be subject to the approval by County’s Risk
Management, and Grantee shall use diligence to obtain such insurance and to obtain such approval.
Grantee shall furnish County with certificates of insurance evidencing the required coverage, and there
shall be a specific contractual liability endorsement extending Grantee’s coverage to include the
contractual liability assumed by Grantee pursuant to this Agreement. These certificates shall specify or be
endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of any pending
change in the limits of liability or of any cancellation or modification of the policy.
b. Workers’ Compensation and Employer’s Liability Insurance
Grantee shall have in effect during the entire term of this Agreement workers’ compensation and
employer’s liability insurance providing full statutory coverage. In signing this Agreement, Grantee
certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of
Section 3700 of the California Labor Code, which require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor
Code, and (b) it will comply with such provisions before commencing or continuing the performance of
Project work for which it would receive grant funds.
c. Liability Insurance
Grantee shall take out and maintain during the term of this Agreement such bodily injury liability and
property damage liability insurance as shall protect Grantee and all of its employees/officers/agents while
performing work covered by this Agreement from any and all claims for damages for bodily injury,
including accidental death, as well as any and all claims for property damage which may arise from
Grantee’s operations under this Agreement, whether such operations be by Grantee, any subcontractor,
anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance
shall be combined single limit bodily injury and property damage for each occurrence and shall not be
less than the amounts specified below:
☒ Comprehensive General Liability… $1,000,000
(Applies to all agreements)
☐ Motor Vehicle Liability Insurance… $1,000,000
(To be checked if motor vehicle used in performing services)
☐ Professional Liability………………. $1,000,000
(To be checked if Grantee is a licensed professional)
County and its officers, agents, employees, and servants shall be named as additional insured on any
such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to
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County and its officers, agents, employees, and servants shall be primary insurance to the full limits of
liability of the policy and (b) if the County or its officers, agents, employees, and servants have other
insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.
In the event of the breach of any provision of this Section, or in the event any notice is received which
indicates any required insurance coverage will be diminished or canceled, County, at its option, may,
notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
breach of this Agreement and suspend any further payment pursuant to this Agreement.
8. Assignability and Subcontracting
Grantee shall not assign this Agreement or any portion of it to a third party. Except as set forth in Exhibit
A, Grantee shall not subcontract with a third party to perform the Project. Any such assignment or
subcontract without County’s prior written consent shall give County the right to automatically and
immediately terminate this Agreement without penalty or advance notice and the County shall have the
right to a refund of all funds disbursed under this Agreement.
9. Compliance With Laws
All services to be performed by Grantee in connection with the Project shall be performed in accordance
with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including, but
not limited to, any laws related to payment of prevailing wages pursuant to the California Labor Code. In
connection with the Project, Grantee bears responsibility to obtain, at Grantee’s expense, any license,
permit, or approval required from any agency.
10. Merger Clause; Amendments
This Agreement, including Exhibits, constitutes the sole Agreement of the parties regarding the Grant,
and correctly states the rights, duties, and obligations of each party as of this document’s date. In the
event that any term, condition, provision, requirement, or specification set forth in the body of this
Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or
specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the
Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the
parties concerning the Grant that are not expressly stated in this document are not binding. All
subsequent modifications or amendments shall be in writing and signed by the parties.
11. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement,
the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any
nature arising out of this Agreement shall be governed by the laws of the State of California without
regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be
venued either in the San Mateo County Superior Court or in the United States District Court for the
Northern District of California.
12. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall
be deemed to be properly given when both: (1) transmitted via email to the email address listed below;
and (2) sent to the physical address listed below by either being deposited in the United States mail,
postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight
courier that provides a tracking number showing confirmation of receipt.
In the case of County, to: In the case of Grantee, to:
County Executive’s Office
Molly Ortiz, Administrative Assistant II
City of South San Francisco
Ernesto Lucero, Economic Development Manager
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500 County Center, 5th Floor
Redwood City, CA 94063
Email: [email protected]
Phone: (650) 363-1810
PO Box 711
South San Francisco, CA 94083-0711
Email: [email protected]
Phone: (650) 829-6620
13. Electronic Signature
Both County and Contractor wish to permit this Agreement and future documents relating to this
Agreement to be digitally signed in accordance with California law and County’s Electronic Signature
Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic
signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.
Agreement No. __________ Board Resolution No. ________
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* * *
THIS AGREEMENT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO FUNDS WILL BE
DISTRIBUTED UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY’S AUTHORIZED
DESIGNEE.
For Grantee:
City of South San Francisco
_____________________________
(signature)
Authorized Representative
Grantee
_____________________________
(please print name)
Authorized Representative
Grantee
_______________
Date
_____________________________
Name of Grantee
_____________________________
(signature)
City Attorney
_____________________________
(attestation)
City Clerk
For County:
______________________________
(Signature)
Authorized Designee
County of San Mateo
ROBERTO MANCHIA
____________________________
(please print name)
Authorized Designee
County of San Mateo
______________
Date
CHIEF FINANCIAL OFFICER
______________________________
Job Title (please print)
80125-6265
______________________________
Budget Unit
BOSD1 $250,000 and BOSD5 $20,000
______________________________
Measure K JL Code
Agreement No. __________ Board Resolution No. ________
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Exhibit A
The County and Grantee agree that the grant funds shall only be used to further the goals of the following
Project, described below and in the October 8, 2024 Board transmittal and resolution, incorporated herein
by reference:
Grantee will use grant funds to support the North San Mateo County Economic Advancement Center
(“EAC”) located in South San Francisco. The EAC brings services closer to clients, and by making it
convenient to get to and from the service center, increases opportunities for residents to access critical
services. The Grantee will collaborate with Renaissance Entrepreneurship Center and JobTrain Inc. to
provide services at the EAC. Renaissance will provide small business and entrepreneurship training to
individuals interested in establishing or expanding a business. JobTrain will provide workforce
development services. The grant will also fund the City’s Promotores, who will provide intake and social
services navigation services to clients.
The grant funds will be used as follows:
Renaissance Entrepreneurship Center $184,165
JobTrain, Inc $75,835
City of South San Francisco (Promotores) $10,000
Total $270,000
In no event shall the County’s fiscal obligation under this Agreement exceed $270,000.
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Exhibit B
In accordance with the terms of this Grant Agreement, Grantee will provide, or cause to be provided the
services for the Project detailed in Exhibit A and will report back to the County regarding various
performance measures including, but not limited to, those noted below. Such reporting data shall be
delivered to the County no later than December 31, 2025. In addition, Grantee agrees to provide
descriptive information about the Project funded by the Measure K grant upon reasonable request of the
County, including, but not limited to, the County Executive’s Office, the County Communications Officer,
or the Supervisorial District Office.
Performance Measure Target
52 Additional clients served by Renaissance Entrepreneurship Center Complete
8 New businesses created as a result of services provided by Renaissance
Entrepreneurship Center Complete
20 Individuals Placed Into Full-Time Employment by JobTrain Complete
20 Individuals Served by the Promotores Program Complete
Payment will be made within 30 days of receipt of an adequate invoice by the County Executive’s Office,
Accounting Unit. County shall have the right to withhold payment if County determines the quantity
and/or quality of the work performed is unacceptable.
Grantee shall provide County with a written itemized invoice that allows the County to reconcile the work
performed. Grantee shall provide a description of monthly expenses, evidence of work performed, or of
costs incurred, including, but not limited to, performance measures, timesheets, activity logs, copies of
bills, and/or packing slips. Indirect costs are not eligible for reimbursement under this Agreement.
Grantee shall include a written certification that the costs were actually incurred for the Project and that
the supporting documentation is true, correct and complete.
All invoices shall include the agreement number, project location, dates of service and specified work
completed.
Pursuant to Section 2 of the Grant Agreement, County’s fiscal obligation shall not exceed $270,000.
Remit invoices to:
County Executive’s Office
Molly Ortiz, Administrative Assistant II
500 County Center, 5th Floor
Redwood City, CA 94063
Email: [email protected]
Phone: (650) 363-1810