Attachment A
GRANT WRITING SERVICES AGREEMENT
DATED: July 24, 2023
PARTIES: California Consulting, Inc. (hereinafter the “Consultant”); and City of Fortuna, (hereinafter the “Client”)
AGREEMENT:
The undersigned hereby agree to the following terms and conditions:
Section 1. Duties of Consultant: During the term of this Agreement, Consultant shall provide the Client as follows:
a. Grant writing at the direction of the Client on specific grants identified by the Client.
Section 2. Time for Performance of Duties: Notwithstanding any other term or condition of this Agreement, Client specifically acknowledges that Consultant has other clients and/or outside employment. Consultant shall have control over the time and manner of performing its duties described in Section 1, and shall make available such time as it, in its sole discretion, shall deem appropriate for the performance of its duties under this Agreement.
Section 3. Term of the Agreement: The effective date of this Agreement is July 25, 2023 and shall continue on a month to month basis allowing either party to discuss new terms at any time.
Section 4. Compensation: Client shall pay Consultant on a per grant basis as compensation for Consultant’s grant writing services as described in Section 1. Consultant shall provide Client with a written invoice monthly. Client agrees to pay invoice within 30 days of receipt.
The following is a breakdown of cost Per Grant:
Grant Amount Request Cost
Up to $10,000 $1,500
$10,001 - $50,000 $4,000
$50,001 - $100,000 $5,500
$100,001 - $250,000 $7,500
Over $250,000 $9,000 - $12,000
Cost will be determined based on complexity of grant preparation for all grants exceeding $250,000. Consultant will provide Client with cost prior to commencing work on grant selected by Client. If Client decides to withdraw the application or cease work on the application prior to submission and after work has begun, Client agrees to pay Consultant for work completed at an hourly rate of $150.00, not to exceed the total amount of the per grant rate. Consultant will provide Client with breakdown of time spent along with invoice.
Section 5. Expenses: The Client agrees to reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the Client. Such expenses typically might include, but are not limited to, mileage, conference calls, copies, binding - 2 -
costs, postage, parking, travel, and lodging expenses. Consultant shall provide Client with a receipt and a description of the expense with the invoice.
Section 6. Relationship: Consultant shall perform its grant writing services hereunder as an independent contractor and not as an employee of the Client or an affiliate thereof.
It is expressly understood and agreed to by the parties hereto that Consultant shall have no authority to act for, represent or bind the Client or any affiliate thereof in any manner, except as may be agreed to expressly by the Client in writing from time to time.
Section 7. Confidentiality: Except in the course of the performance of its duties hereunder, each party agrees that it shall not disclose any trade secrets, know-how, or other proprietary information not in the public domain learned as a result of this Agreement. Similarly, the parties agree that they shall not disclose or divulge this Agreement, or any of its term or conditions to third parties, except as is necessary to perform the terms and conditions stated herein.
Section 8. Indemnification: The Client agrees to indemnify and hold harmless the Consultant, its members, officers, directors, employees, attorneys, and contractors and each person who controls Consultant or any of its affiliates from and against any demands, losses, claims, actions or causes of action, damages, judgment, arbitration awards, liabilities (whether absolute or accrued, contingent or otherwise), costs, and expenses whatsoever (including reasonable costs of investigation or defending any action) to which they or any of them may become subject under any applicable law arising out of Consultant’s performance under this Agreement and will reimburse Consultant for all expenses (including counsel fees) as they are incurred.
Consultant maintains liability insurance in the amount of one million dollars.
Section 9. Assignment: This Agreement shall not be assignable by either party; provided however, that Consultant shall have the discretion to allocate its duties hereunder to owners, affiliates, or employees of Consultant.
Section 10. No Guaranteed Result: Client acknowledges and agrees that Consultant does not have control over third party decision makers, and therefore Consultant makes no representations, warranties or guarantees that it can achieve any particular results. Consultant, however, shall act in good faith toward the performance of its duties described above.
Section 11. Prior Agreements: This Agreement shall supersede any prior agreements between the parties, and serves as the sole and only agreement between them. This Agreement may only be modified by a writing signed by both parties.
Section 12. Governing Law: This Agreement shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be construed in accordance with the laws of said State.
Section 13. Attorney’s Fees: The prevailing party in any action filed that arises out of this Agreement shall be entitled to recoup their reasonable attorney’s fees and costs from the other party.
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Section 14. Notices: All notices will be sent via certified mail or overnight courier to:
Consultant at: California Consulting, Inc.
214 Main Street, Suite 102
El Segundo, CA 90245
Client at: City of Fortuna
621 11th Street
Fortuna, CA 95540
Section 15. Termination: This Agreement may be terminated by either party for any reason not in violation of federal and/or California State law upon thirty (30) days written notice to the other party. Client shall compensate Consultant for all services rendered prior to the date of termination. There shall be no liquidated damages in the event of termination under this provision.
IN WITNESS THEREOF, this Agreement is executed on the dates set forth below and effective on the date first set forth above.
“CONSULTANT” “CLIENT”
California Consulting, Inc. City of Fortuna
By________________________________ ________________________________ Steven N. Samuelian, CEO Name: __________________________ Title: __________________________