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2200 - California Consulting LLC - Grant Writing ServicesLtt 0 AGREEMENT FOR GRANT WRITING SERVICES This AGREEMENT FOR GRANT WRITING SERVICES ( "AGREEMENT ") is made and entered into effective as of the 1 St day of April 2015, by and between the CITY OF ROSEMEAD, a municipal corporation, located at 8838 East Valley Blvd., Rosemead, CA 91770, ( "CITY') and California Consulting LLC, located at 420 N. Montebello Blvd., Ste. 302, Montebello, CA 90640 ( "CONSULTANT "). WITNESSETH: For and in consideration of the promises and of the mutual covenants and agreements herein contained, said parties hereby agree as follows: 1. RECITALS. This AGREEMENT is made and entered into with respect to the following facts: A. CITY requires grant writing services ( "SERVICES'); and B. CONSULTANT is qualified to provide those SERVICES to the CITY; and, therefore, the CITY desires to engage the services of CONSULTANT upon the terms and conditions hereinafter set forth. 2. SCOPE OF SERVICES. A. CONSULTANT shall furnish to the City all materials, services, and incidental customary work necessary to fully and adequately perform those services described in the attached scope of SERVICES (SERVICES) attached hereto as Exhibits "A" and hereby incorporated by reference. B. Performance of the SERVICES specified herein is made an obligation of CONSULTANT under this AGREEMENT, subject to any changes made subsequently upon the mutual written agreement of the parties. C. The scope of services to be performed by CONSULTANT under this AGREEMENT shall include, but not be limited to, those services specified in Paragraph 2A hereof. 3. FEE. Compensation to CONSULTANT for the total services to be rendered pursuant to this AGREEMENT shall be in an amount not to exceed the amounts agreed upon between the CITY and the CONSULTANT. 4. PAYMENT BY CITY. CONSULTANT shall send invoices to the City on a monthly basis, based upon the services already rendered at the time of the submission. City shall pay all proper costs within thirty (30) days of receipt of such invoice(s). -1- 5. TERM. The term of this AGREEMENT shall be until the SERVICES are completed unless terminated earlier consisted with this AGREEMENT. 6. TERMINATION OF AGREEMENT. The CITY may terminate this AGREEMENT with or without cause, upon giving a ten (10) day advance written notice of such termination to CONSULTANT. In that event, the City Manager, or his designee, based upon work accomplished by CONSULTANT prior to notice of such termination, shall determine the amount of fees to be paid to CONSULTANT for such services based upon accepted accounting practices. This finding by the City Manager, or his designee, shall be final and conclusive as to the amount of such fee. 7. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent contractor in the performance of the services provided for in this AGREEMENT and shall furnish such services in CONSULTANT's own manner and method and in no respect shall CONSULTANT be considered an agent or employee of the CITY. 8. OWNERSHIP OF DOCUMENTS. All data and reports prepared by CONSULTANT under this AGREEMENT are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this AGREEMENT, or use of incomplete work product, is at CITY's own risk. CITY will indemnify and hold CONSULTANT harmless for any use of the work product other than as contemplated by this AGREEMENT. 9. NONASSIGNMENT. This AGREEMENT is not assignable either in whole or in part by CONSULTANT without the written consent of CITY. 10. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the, term of this AGREEMENT, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 11. INDEMNIFICATION. A. CONSULTANT hereby agrees to the following: CONSULTANT indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. -2- B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, and representatives. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. D. The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willful acts or omissions. 12. INSURANCE. CONSULTANT shall not commence work under this contract until CONSULTANT shall have obtained all insurance required by this AGREEMENT and such insurance shall have been approved by CITY as to form, amount and carrier, nor shall CONSULTANT allow any subcontractor of CONSULTANT to commence work on any subcontract until all similar insurance required of the subcontractor of CONSULTANT shall have been so obtained and approved. A. COMPENSATION INSURANCE. CONSULTANT shall take out and maintain, during the life of this contract, Worker's Compensation Insurance for all of CONSULTANT'S employees employed to perform the SERVICES as described section 2 of the AGREEMENT; and, if any work is sublet, CONSULTANT shall require the subcontractor of CONSULTANT similarly to provide Worker's Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by CONSULTANT. If any class of employees engaged in work under this AGREEMENT is not protected under any Workers' Compensation law, CONSULTANT shall provide and shall cause each subcontractor of CONSULTANT to provide adequate insurance for the protection of employees not otherwise protected. CONSULTANT shall indemnify CITY for any damage resulting to it from failure of either CONSULTANT or any subcontractor of CONSULTANT to take out or maintain such insurance. B. COMPREHENSIVE GENERAL LIABILITY PROFESSIONAL LIABILITY, COMPREHENSIVE AUTOMOBILE LIABILITY AND CONTRACTUAL GENERAL LIABILITY INSURANCE CONSULTANT shall take out and maintain during the life of this contract comprehensive general liability, products /completed operations hazard, comprehensive automobile liability and contractual general liability insurance and shall protect CITY, its elective and appointive boards, officers, agents and employees, CONSULTANT, and any subcontractor of CONSULTANT performing work covered by this contract, from claims for damage for personal injury, including death, as well as from claims for property damage which may arise from CONSULTANT'S or any subcontractor of CONSULTANT'S operations under this contract, whether such operations be by CONSULTANT or by any subcontractor of CONSULTANT, or by anyone directly or indirectly employed by either CONSULTANT or any subcontractor of CONSULTANT, and the amounts of such insurance shall be as follows: -3- (i) Commercial General Liability Insurance in an amount of not less than ONE MILLION DOLLARS ($1,000,000); (ii) Comprehensive Automobile Liability Insurance in an amount of not less amount of not less than ONE MILLION DOLLARS ($1,000,000). A combined single limit policy with aggregate limits in an amount of not less than TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the said required minimum limits set forth in subsections (i),(ii), and (iii) above. C. PROOF OF INSURANCE. The insurance required by this Agreement shall be with insurers which are Best A+ rated, and California- Admitted, or better. -The CITY of Alhambra shall be named as "additional insured" on all policies required hereunder, except for Professional Liability Insurance, and CONSULTANT shall furnish the CITY Clerk, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the effective period of the contract. 13. NON - DISCRIMINATION. CONSULTANT shall not discriminate in its recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, martial status, sex, age, or sexual orientation in the performance of this AGREEMENT and shall comply with the provisions of the California Fair Employment and Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendments thereto; Executive Order 11246; and all administrative rules and regulations issued pursuant to such acts and order. 14. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CITY's conflict of interest regulations. 15. ATTORNEY'S FEES. If litigation is reasonably required to enforce or interpret the provisions of this AGREEMENT, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. 16. GOVERNING LAW. This AGREEMENT shall be interpreted and construed according to the laws of the State of California. 17. NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this AGREEMENT, such notice may be furnished in writing by either party to the other and shall be served by personal service as required in judicial Ss proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows: CITY: City of Rosemead 8838 East Valley Blvd. Rosemead. CA 91770 CONSULTANT: California Consulting LLC 420 N. Montebello Blvd., Ste. 302 Montebello, CA 90640 Tel: 323 - 728 -9002 Fax: IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on its effective date by their respective officers duly authorized on their behalf. "CITY" ATTEST: JA Glor L i T at oll -.. - CITY OF ROSEMEAD By Jeff y Man er "CONSULTANT" CALIFORNIA CONSULTING LLC TAXPAYER ID # 20-097 B _ Pr " Name: Steve Sam uelian Title: President -5- Please note New Mailing Address: California Consulting 214 Main Street, Suite 102 El Segundo, CA 90245 MENEM CITY MANAGER OFFICE EXHIBITA SCOPE OF SERVICES [INSERT SCOPE OF SERVICES] Scope of Services The City is interested in establishing agreements with qualified grant writers who can perform the following: 1. Serve as a consultant to seek and secure funding. 2. Research, seek, identify and write Federal, State, County, and private grant proposals that are applicable to the City. 3. Develop strategies and prioritize schedules and timelines for each identified grant. 4. Upon request by City staff, manage the process of submitting required post - award reports to funder(s) to assure that ongoing compliance is met. 5. Manage and monitor the funding agency and file a progress report with City staff assistance, as required. 6. Monitor public and private grant opportunities to identify additional sources of potential financial and matching support and alert and coordinate with the appropriate department for program specifics. 7. Meet with the City Manager, Department Directors and City Council to evaluate departmental and resource needs as directed to meet City's objectives. 51