A Proposal for the City of Kingsburg
History
Founded in 2004, California Consulting has an excellent reputation for hard work and a commitment to success for our clients. California Consulting is the largest grant writing firm in California. With offices in Southern California, Northern California and Central California, we have almost 90 clients statewide. We have 44 members of our team from Chico in the North, to San Diego in the South. California Consulting has developed an expertise in representing public agencies, and non-profit organizations. We have secured over $1.6 billion for our clients since inception. The California Consulting team boasts approximately 28 grant writers. Through years of experience our grant writers have a proven track record of success and have mastered their skills of identifying, researching, and obtaining funding for significant projects at every level of government. California Consulting grant writers have written over 1300 competitive grant applications that have been funded.
Our aggressive, hard-working, and results-oriented style has translated into success for our clients.
Our professional grant writers are diligent and stay current on every Federal and State grant available on a myriad of different topics and public policy areas. Whether it is recreation, education, parks money, or public safety our grants team knows where to locate grant funds and how to successfully write the applications.
Grant Funding Services
California Consulting is a full service grant writing firm. We are experts in the fields of grant research and identification. We prepare comprehensive and concise grant application packages. We submit grants in a timely fashion and follow through after the grant has been submitted to determine the status of the grant. We also conduct post award compliance and administration. California Consulting has a fundamental business philosophy founded on open communication and tailoring the grants we pursue to fit our client’s needs.
1. Needs Assessment (Meetings with Department Heads to review priorities and funding needs):
We learn about the client at the outset of the contract by conducting an in-depth Needs Assessment.
Each client is assigned a lead Project Manager. The Project Manager communicates regularly with the client and on an ongoing basis. This relationship building is the key to keeping the grants pursued on target with the client’s overall goals.
Sample questions asked during the Needs Assessment:
a) List and describe any program initiatives or priority projects. b) What needs, projects, or content areas would you like to target for funding? You can list specific projects or general areas in which you have funding needs. c) List any grants for which you are considering applying or have decided to apply. In addition, please list what kind of grant-writing support would be helpful for each grant. d) List past grants that your agency has received.
e) List past grant applications you would like to revise and submit again.
2. Facilitation of Department Decision Making Processes: Our Project Managers are experts on grant identification. With years of experience, your Project Manager will be able to assist your Staff in deciding which grants make the most sense to meet the funding needs identified.
3. Grant Research and Identification: Our Project Manager’s conduct thorough research on an ongoing basis. We track current and upcoming grants in order to let our client’s know what is available and what we recommend would fit their situation. By regularly tracking grant announcements we are able to present these grant opportunities to our clients as soon as they are released. California Consulting will provide you with a Grant Activity Report monthly detailing the grants available, grants in progress and grants submitted. You will also be provided with available grant opportunities on an ongoing basis.
4. Client Commitment: When identifying grants that meet your needs and funding priorities, your Project Manager will advise you of the estimated time commitment required from your staff.
5. Grant Preparation Process: When your staff and California Consulting agree to pursue a grant, we will develop a checklist and schedule. The checklist and schedule will include what things you will be responsible for and when we will need them submitted. We need your staff involved in the grant preparation process to provide required information we don’t have access to. The Project Manager will provide you with grant portions along the way to review for content accuracy. The more engaged you are able to be in this process, the higher quality the application will be.
California Consulting retains copies of all grants we’ve submitted. If the application was successful, we use it as a guide for future grants.
Below is a list of general tasks for our grant process:
a. Create a task timeline with due dates
b. Ensure the proposed project meets the grant agency’s requirements c. Review similar successful grant applications and apply where possible d. Collect information on the project
e. Meet with staff to create an accurate scope of work, budget, timeline, narratives, and cost analysis
f. Obtain letters of support when necessary
g. Draft proposals and send to staff for review
h. Incorporate staff edits in final drafts
i. Submit completed application timely
j. Monitor funding agency until grant awards are announced.
6. Quality Assurance: California Consulting takes pride in our impeccable grant applications. We are successful in this area due to our thorough quality assurance measures. Our Grant Mangers conduct group meetings with all Project Managers regularly. In addition, our Grant Managers meet individually with each Project Manager to review each client. These meetings thoroughly discuss each client’s needs, what grants are being worked on and what additional grants may be a good fit.
We ensure the best quality product before the grant application is submitted.
7. Facilitation of Partnership Meetings: Our Project Managers will arrange and schedule meetings with key personnel to review all grants prior to submission to ensure application accuracy.
8. Timely Submission: We create a precise timeline to ensure the grant is submitted on time. This timeline not only captures the submission deadline, but we create other deadlines in order to obtain the information needed for a quality submission. We believe if everyone is on the same page and is aware of what needs to be done, we can limit scrambling at the last minute.
9. Funding Agency Monitoring: California Consulting will monitor the Funding Agency until grant awards are announced.
10. Grant Administration: Some grants require post award compliance, reporting and administration. California Consulting will prepare required agency reports and submit them by the required due date. We propose that to the extent legally allowed, the Client hire California
Consulting as grant administrators when dollars are available from within the grant (at no additional cost to you). When grant dollars from the grant are not available for administration, reporting and evaluation purposes we will provide these services to the Client for a monthly fee, or a one-time fee based on the Client’s preference. If the Client chooses the monthly retainer option, grant administration services are included.
11. Monthly Progress Reporting: California Consulting will prepare a monthly report reflecting grants in progress, grants submitted and grants awarded. This will provide you and your Council with a clear report on our work.
References
California Consulting references include key leaders from around the State. All of our current clients are references. California Consulting currently has contracts with over 40 cities across California, almost 40 School Districts, Non-Profits and others. A full client list can be obtained at www.californiaconsulting.org.
Pricing
California Consulting offers two different pricing options for Grant Writing services.
Pricing Option 1: Monthly Retainer
California Consulting’s monthly retainer services include all grant research, grant identification, grant writing, and post award administration as needed. Items 1 – 11 under Grant Writing is included in the Monthly Retainer Services. Below is a more detailed scope of work:
Task Included
in Price
Meet with Client Staff to ascertain needs and goals √
Conduct background research as requested by Client √
Provide advice on best grants for Client to pursue based on project and grant requirements and guidelines
√
Attend meetings in person or by teleconference as necessary √ Develop schedule for grants chosen by Client √
Preparing and writing all grant applications chosen by Client √ Develop evaluation strategies in accordance with funding agency’s instructions √ Adhere to decisions made by Client relating to grants √ Write all sections of grant applications and proposals √ Draft and finalize grant language with direction of Client √ Ensure timelines for grant submittal are met √
Monthly reports to include grants in progress, grants submitted, and grants awarded √ Regular communication via email and/or phone regarding upcoming grant opportunities √ Grant administration and post award compliance as needed √
We propose a flat monthly rate of $4,500.00, plus reimbursement of out of pocket expenses for services explained above.
Pricing Option 2: Per Grant
We propose an agreement for a Per Grant basis, plus reimbursement of out of pocket expenses. Items 1 – 11 under Grant Writing are not included in the Per Grant Services. 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 grant requests exceeding $250,000 Grant research, grant identification, and grant administration can be provided at an hourly rate of $150.00. For research completed at an hourly rate, client may specify a “not to exceed” amount.
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Holly Owen, Community Development Director REVIEWED BY: AP AGENDA ITEM: Request for Proposals – General Plan Update ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File
EXECUTIVE SUMMARY
The City of Kingsburg is requesting proposals from interested, qualified, and experienced consulting firms to design and conduct a comprehensive General Plan Update and to prepare the accompanying Environmental Impact Report. The most recent Kingsburg General Plan was adopted in 1992.
A General Plan is a requirement for each county and city in the state and is the blueprint for meeting the community’s long-term vision for the future and is expected to be updated once every decade. Kingsburg’s General Plan from 1992 was well written and has served the community, but there are several items that are outdated as well as items that are absent in the document that are now required in a General Plan. In addition, it is important to have an updated environmental document to accompany the General Plan. Once approved, this environmental document can also be used to evaluate future projects, saving applicants time and money that would otherwise need to be invested.
It is expected that there will be input from a standing committee (General Plan Advisory Committee), Council and Planning Commission as well as a strong public engagement component. Consultants will be evaluated on their strengths in this regard, as well as experience in working with unique smaller cities.
Final dates for the proposal are dependent upon council approval. Pending Holidays may also impact the schedule of activities.
SCOPE OF SERVICES
The City of Kingsburg requests proposals from highly qualified and experienced consulting firms to engage the community in a General Plan Update, which will reflect Kingsburg’s unique characteristics as a quality residential community and growing commercial city. The City of Kingsburg anticipates that the study will involve, but not be limited to the following tasks:
• Conduct necessary background research and analysis related to the General Plan Update. • Prepare a detailed work program for the General Plan Update. It is the desire of the City to complete the process within eighteen months from the start of work. • Prepare a Strategic Visioning/Priority Setting Strategy to guide the community participation program and policy development process.
• Establish working relationships with the City Council, Planning Commission, General Plan Advisory Committee (GPAC), City staff, and others as may be necessary. The City Council, Planning Commission, and GPAC will provide major policy direction and required review and approvals at critical decision points.
• Facilitate an innovative public input process that is expected to include, but is not limited to, community opinion surveys, outreach to community organizations, community workshops, video and other similar media, and formal public hearings.
Meeting Date: 11/16/2022
Agenda Item: 6.2
• The General Plan Update should be a bold statement of the community’s vision for the future and serve as a guide to achieving that vision. Strong facilitation abilities and excellent communication skills, including outreach to Kingsburg’s Spanish-speaking communities, are essential to the success of this project.
• Formulate goals and policies that reflect the City’s policy direction in a clear, concise, manner compliant with applicable laws.
• Prepare a comprehensive General Plan Update. All existing elements are proposed to be updated and required elements added, exceptpotentialminor modifications to the Housing Element.
• Review current implementation ordinances and make any appropriate recommendations for key revisions needed to harmonize the Zoning Ordinance, Subdivision Ordinance, Form Based Code for the downtown area, and other major implementing regulations with the approved General Plan Update. The Consultant is not expected to prepare actual revisions to these regulations as part of this Scope of Work.
• Prepare an Administrative Draft, Draft, and Final EIR and conduct all public reviews in accordance with CEQA to create thorough and defensible CEQA documentation. In proposals, consultants should indicate whether use of a Program EIR or other form of EIR should be considered for the General Plan Update. The City is interested in exploring the possibility of a General Plan EIR that will assist in streamlining and exempting future projects from CEQA with the idea that the General Plan EIR can be used for such exemptions when projects are consistent with the General Plan.
• Working with City staff, organize and make presentations to local community groups, City Council, Planning Commission, and GPAC, including preparation of displays, graphics, videos, and PowerPoint presentations.
• Maintain reasonable costs for preparation, review, and completion of any necessary documentation related to the General Plan Update and EIR preparation. • Integrate all elements into one General Plan Update document (including maps) with uniform text layout and format that can be displayed electronically on the City’s website and readily accessible on other electronic devices and printed inexpensively. A manual and electronic version of the final copy will be required.
• Prepare an implementation strategy that identifies all tasks necessary to implement the General Plan Update.
RECOMMENDED ACTION BY CITY COUNCIL
1. Staff is recommending that the City Council accept the General Plan Update Request for Proposals and direct staff to advertise accordingly.
POLICY ALTERNATIVE(S)
1. Provide alternative direction to staff.
REASON FOR RECOMMENDATION/KEY METRIC
1. Ensure Financial Stability
2. Improve Public Safety
3. Provide Recreation Opportunities for All Ages
4. Improve Community Communication
5. Increase Retail Opportunities
6. Promote Sustainable Development
FINANCIAL INFORMATION
FINANCIAL SUMMARY
Staff is anticipating the General Plan Update will be $250,000 - $400,000 to complete. We’re hopeful that the necessity to not include the most difficult element (Housing) will keep proposals on the lower end of our estimate.
As a multi-generational document, significant public outreach, input and the environmental work are the main reasons for the higher expense.
PRIOR ACTION/REVIEW
The most recent Kingsburg General Plan was adopted in 1992.
ATTACHED INFORMATION
1. Request for Proposal City of Kingsburg General Plan Update FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 036 - ARPA
FOR IMMEDIATE RELEASE
November 17, 2022
REQUEST FOR PROPOSAL
(RFP)
Comprehensive
General Plan Update
Deadline for submission of proposals:
4:00 PM
Wednesday, January 4, 2023
City of Kingsburg
Community Development Department
1401 Draper St
Kingsburg, CA 93631
Community Development Mailing Address: 1401 Draper St Kingsburg, CA 93631 (559) 897-5821
Request for Proposals City of Kingsburg General Plan
INTRODUCTION & BACKGROUND
The City of Kingsburg is accepting proposals from qualified planning firms to prepare a comprehensive update of the City’s General Plan and the corresponding Environmental Impact Report (EIR) to support the General Plan Update.
The City of Kingsburg is a diverse community of approximately 12,000 people located in an idyllic setting in Central California. The City combines historic character, natural beauty, and a vibrant downtown creating an ideal quality of life for residents. Kingsburg is a charter city, encompassing over 2.8 square miles of land developed with a wide range of residential, commercial, industrial, public, and open space uses. The City’s land use structure is typical of California cities, with a General Plan establishing land use designations for each parcel within the City and a zoning ordinance that implements General Plan land use designations.
The current General Plan was adopted in 1992 with several updates and amendments to various elements completed over the years. The Housing Element was certified as part of the Fresno County Multi-Jurisdictional Housing Element (5th cycle), and Kingsburg is currently part of the same multi-jurisdictional effort for the 6th cycle Housing Element update.
PROJECT OBJECTIVES
The General Plan Update will require substantial investments of community time and City resources. A detailed scope, technical expertise, innovative community outreach plan with an open and inclusive process, a schedule that maintains momentum and participation, and a creative policy vision will be crucial to the success of the Update.
A key component in Kingsburg’s success in creating a quality community is the commitment to comprehensive planning including establishing a community vision; assessing the natural and built environment; identifying community strengths, weaknesses, and needs; creating a progressive General Plan; and investing in efforts to implement the Plan over time. The City views a well-crafted General Plan as an important communication tool that can provide fairness, transparency, and certainty for citizens, property owners, and those interested in investing in the community.
Issues that the City believes are important to the community and which will need to be addressed in the General Plan update include the following:
• Balance between tourism-based growth and the needs of local citizens • Review of remaining zones in our SOI for compatibility with community goals • Traffic circulation
• Reuse of underperforming commercial sites
• Residential infill development, including mixed use commercial/residential opportunities • Public safety
• Recreation and open space
Request for Proposals City of Kingsburg General Plan
The City is interested in addressing these and other issues that emerge from a robust and thoughtful public process.
The City anticipates the General Plan Update to be completed within approximately 18 months from the start of work as outlined in the Project Schedule.
A copy of the General Plan can be found here:
https://www.cityofkingsburg-ca.gov/DocumentCenter/View/1815/City-of-Kingsburg-GeneralPlan
SCOPE OF WORK
The City is requesting that the consulting team prepare a comprehensive General Plan Update, not to include the Housing Element. It is anticipated that the existing Housing Element will be incorporated into the new General Plan Document. However, the City understands that changes to Land Use as related to Housing may require minor modifications to the Housing Element. While the General Plan Update will include all nine required elements (Noise, Safety, Circulation, Land Use, Open Space/Recreation, Conservation, Air Quality, Housing, and Environmental Justice), the City is more concerned that the Plan is organized around specific issues facing the City and community, not simply a template of state law. Additional Elements may also be considered which would reflect the Strategic Goals of the City.
In addition, the City is requesting an additional work task to update the North Kingsburg Specific Plan. This plan, adopted in 2005, has successfully guided development and will need some updating to reflect current community vision. A copy of the North Kingsburg Specific Plan can be found here:
https://www.cityofkingsburg-ca.gov/DocumentCenter/View/187/North-KingsburgSpecific-Plan-PDF Please include this task as a separate estimate in your proposal.
Regarding the final General Plan Update document, the City expects the document to be prepared in a format that is:
• User-Friendly – Engaging, easy to read & understand, incorporates graphics, and does not rely on user guides and external reference material. • Succinct – Efficient use of materials, small but large in impact. • Action-Oriented – Focuses the user’s attention on feasible strategies and attainable goals that can be monitored for effectiveness during implementation.
The following describes specific components that should be incorporated in the scope of work. The City is open to suggestions other than those listed here which would be of value to producing a General Plan Update that reflects Kingsburg’s unique characteristics as a quality residential community and growing commercial city.
Request for Proposals City of Kingsburg General Plan
1. Conduct necessary background research and analysis related to the General Plan Update.
2. Prepare a detailed work program for the General Plan Update. It is the desire of the City to complete the process within eighteen months from the start of work.
3. Prepare a Strategic Visioning/Priority Setting Strategy to guide the community participation program and policy development process.
4. Establish working relationships with the City Council, Planning Commission, General Plan Advisory Committee (GPAC), City staff, and others as may be necessary. The City Council, Planning Commission, and GPAC will provide major policy direction and required review and approvals at critical decision points.
5. Facilitate an innovative public input process that is expected to include, but is not limited to, community opinion surveys, outreach to community organizations, community workshops, video and other similar media, and formal public hearings.
6. The General Plan Update should be a bold statement of the community’s vision for the future and serve as a guide to achieving that vision. Strong facilitation abilities and excellent communication skills, including outreach to Kingsburg’s Spanish-speaking communities, are essential to the success of this project.
7. Formulate goals and policies that reflect the City’s policy direction in a clear, concise, manner compliant with applicable laws.
8. Prepare a comprehensive General Plan Update. All existing elements are proposed to be updated and required elements added, except potential minor modifications to the Housing Element.
9. Review current implementation ordinances and make any appropriate recommendations for key revisions needed to harmonize the Zoning Ordinance, Subdivision Ordinance, Form Based Code for the downtown area and other major implementing regulations with the approved General Plan Update. The Consultant is not expected to prepare actual revisions to these regulations as part of this Scope of Work.
10.Prepare an Administrative Draft, Draft, and Final EIR and conduct all public reviews in accordance with CEQA to create thorough and defensible CEQA documentation. In proposals, consultants should indicate whether use of a Program EIR or other form of EIR should be considered for the General Plan Update. The City is interested in exploring the possibility of a General Plan EIR that will assist in streamlining and exempting future projects from CEQA with the idea that the General Plan EIR can be used for such exemptions when projects are consistent with the General Plan.
11.Working with City staff, organize and make presentations to local community groups, City Council, Planning Commission, and GPAC, including preparation of displays, graphics, videos, and PowerPoint presentations.
12.Maintain reasonable costs for preparation, review, and completion of any necessary documentation related to the General Plan Update and EIR preparation.
13.Integrate all elements into one General Plan Update document (including maps) with uniform text layout and format that can be displayed electronically on the City’s website and readily accessible on other electronic devices and printed inexpensively.
14.Prepare an implementation strategy that identifies all tasks necessary to implement the General Plan Update.
Request for Proposals City of Kingsburg General Plan
PROJECT MANAGEMENT
The City’s Community Development Department will manage the Consultant contract.
The Consultant Team will be required to maintain close communication with City staff to ensure the City’s objectives are met, including cost and schedule. The Consultant will be required to designate a primary Project Manager who will coordinate the Consultant Team and serve as the principal liaison to the City staff and lead the Consultant Team at meetings.
The City is a unified team consisting of community members, elected and appointed officials, and staff as directed by the City Manager.
Community Members – The basic foundation of a General Plan is that it is a statement of the community’s vision for the future and a guide to achieving that vision. Community member involvement is essential to the successful preparation of a General Plan. The City envisions that a variety of methods be used to ensure that every person in the community who wishes to participate has the ability to do so. The public engagement processes should be streamlined and efficient, to include utilizing non-traditional methods beyond public meetings and workshops.
General Plan Advisory Committee (GPAC) – A City Council appointed Advisory Committee will serve as a community sounding board for the General Plan process and make recommendations to Staff and the City Council. The GPAC will be comprised of a broad and diverse membership of the community and will assist in refining the community discussions and comments to identify issues and opportunities and help shape the policies of the new General Plan. The GPAC will meet on key timeframes to correspond with specific milestones of the project schedule.
City Staff – The Community Development Director and the Project Manager of the General Plan Update will function to coordinate City staff, the GPAC, and oversee the preparation of the General Plan Update. Staff will work closely with the Consultant Team and take a strong role in the preparation of the General Plan. • The Consultant should include time for meetings and work sessions with staff. • City staff will have a role in all public forums, workshops, meetings, and hearings.
The Consultant should expect that staff will be part of all presentations made and will take part in question-and-answer sessions.
• City staff will carefully read and may extensively edit all written materials prepared by the Consultant.
• City staff will take the lead in the use of the City’s website updates and use of social media as part of the communications during the General Plan Update.
Planning Commission and City Council – It is anticipated that the Planning Commission and City Council will be actively involved in the overall process of development of the General Plan Update through initial workshops, meetings, and public hearings. The Planning Commission and City Council will receive regular written updates on progress, including identification of key issues, work progress, policy issues, and questions and it is anticipated that there will be periodic updates at public meetings.
Request for Proposals City of Kingsburg General Plan
Consultant Team – Developing a successful General Plan Update requires a combination of technical knowledge and building the right partnerships between all levels of the Project Team. The City values creativity, expertise, professionalism, team experience, economic value, availability, and a healthy exchange of innovative issues and ideas. As outlined in the Submittal Requirements, please identify the qualifications of the individuals on the Consultant Team rather than a list of projects completed by the firm.
PROPOSAL SUBMITTAL REQUIREMENTS
To demonstrate qualifications, ability to perform the services described in this RFP, and proposed method for performing these services, the Consultant shall submit three (3) hard copies and one (1) electronic copy (on a flash drive or email) of a proposal containing the following information in the format indicated below. Incomplete proposals and proposals not organized according to this format may be rejected. Faxed proposals will not be accepted.
1. Cover letter, completed, signed, and dated by the Consultant.
2. Table of Contents.
3. Project Understanding. The proposal should include a brief synopsis of the Consultant’s understanding of the City’s needs and how the Consultant plans to meet these needs.
4. Scope of Work. The Consultant shall include in its proposal a detailed scope of work and understanding of the process to undertake such projects and complete it in compliance with all applicable rules, regulations, standards, and requirements. The scope of work shall indicate the tasks/actions the Consultant expects the City to perform, and the schedule shall show critical path items that are dependent of the City’s actions. The Consultant shall describe an overall approach to the project work program for accomplishing the project objectives and specific techniques to be used.
a. A schedule of the amount of time and staff to be expended for each task of the project.
b. A description and percentage of work to be performed by subcontractors. c. Include potential issues or challenges which may arise based on the Consultant/subcontractor’s work experience with other agencies.
5. Project Schedule. A project schedule illustrating each task, milestone, and critical dates shall be provided. Please specifically address the Scope of Work above.
The proposal shall indicate a logical breakdown of the project and indicate all milestones and the critical path necessary to meet each milestone.
6. Information About the Firm. Provide an outline of your firm’s background, qualifications, and ability to perform the services required as well as an outline for all subcontractors. Provide a resume of the Consultant’s expertise in preparing a General Plan and an outline of your firm’s methodology that was used to successfully complete similar projects.
7. Qualifications. Include a list of all key personnel and anticipated supporting personnel, including those of the subcontractor(s), who will be assigned to
Request for Proposals City of Kingsburg General Plan
perform services pursuant to the contract or be employed on the project. Resumes of the project manager key personnel and subcontractors shall be included as related to this project, their roles in the project, and a synopsis of their experience relevant to these roles. Also include a description of their responsibilities and identify a designated Project Manager with full authority to administer the contract and bind your firm to a contract with the City.
8. References. Provide five public agency references for past similar General Plan Updates completed by the Consultant, including the relationships of the Consultant’s subcontractors.
9. Budget. The proposed budget shall be broken out into separate increments involving all activities and work products as described in this RFP corresponding to the proposed schedule to include a Gantt chart, resulting in the preparation and ultimate approval by the City of the final General Plan.
QUESTIONS & RESPONSES
For questions regarding this project, please contact:
Holly Owen
Community Development Director
[email protected]
559-897-5328 ext. 1103
Email is preferred.
SELECTION PROCESS
Proposals will be reviewed by City staff for completeness and responsiveness. Each submittal will be reviewed in accordance with the Scope of Services previously described and ranked based on the Consultant Team’s qualifications, comparable experience and cost, local knowledge, and Consultant’s availability to undertake the project, complete the tasks timely and deliver a high-quality work product. The City will, at its discretion, select a short list of firms to participate in an interview process prior to final selection. A recommendation resulting from the review will be forwarded to the Kingsburg City Council.
PROJECT SCHEDULE (Estimate – to be finalized)
1. Issue RFP – Thursday, November 17, 2022
2. All questions must be submitted by email no later than 4:00PM on Friday, December 16, 2022.
3. Proposals Due – 4:00PM, Wednesday, January 4, 2022
4. Consultant Interviews – February 14-15, 2023
5. Completion of Scope & Fee Negotiation – February 28, 2023
6. Award contract by City Council – March 15, 2023
7. Start of Work – TBD 2023
CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Community Services Director Adam Castaneda REVIEWED BY: AP AGENDA ITEM: Kingsburg Elementary Charter School District Consulting Agreement ASR Program ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File
EXECUTIVE SUMMARY
*Due to the timing of the agreement development, Friday holiday, and council meeting date, revisions to the agreement may be provided prior to the Wednesday meeting.* The California Department of Education has just published principal apportionments for the Expanded Learning Opportunities program for Fiscal Year 2022–23. The purpose of these funds is for school district and charter school afterschool and summer school enrichment programs for grades kindergarten through sixth grade (TK/K-6). Local educational agencies must operate the Expanded Learning Opportunities program pursuant to the requirements in California Education Code Section 46120. Local educational agencies that receive funds for classroom-based instructional programs that serve grades transitional kindergarten through 6th (TK/K–6) cannot opt-out of the Expanded Learning Opportunity program funding. It is the intent of the Legislature that these local educational agencies offer comprehensive after school and intersessional expanded learning opportunities to all unduplicated pupils n TK/K-6 classroom-based instructional programs. The Expanded Learning Opportunity program will allow the Kingsburg District to offer free after school programming at all school sites perpetually if grant requirements are maintained.
For the remainder of this school year (December - June), the Kingsburg Elementary Charter School District has asked the City of Kingsburg to enter into a consulting agreement permitting the city to operate the current program for the remainder of the 2022-2023 school year. This collaborative partnership ensures current program participants and staff will not be displaced in the middle of the school year and will allow the school district the opportunity to shadow the current program as they prepare to draft program plans of their own. The program will continue to run at the existing site, Washington School, while the District operates a separate program at other school sites. Under the California Department of Education guidelines for the Expanded Learning Opportunities program, the remainder of the school year would be free to all program participants and free transportation home from the program would be offered. Because of the new no-fee structure, the District anticipates operating a second program at Washington School if enrollment exceeds the current 90 student capacity.
The Kingsburg Elementary Charter School District has agreed to engage the City of Kingsburg to operate the afterschool program at Washington School, consistent with the guidelines established by the California Department of Education for Expanded Learning Opportunity programs. The City shall provide staff, management, and volunteer recruitment for the program and work collaboratively with the District on operational management and program evaluation. For these services, the District will provide compensation to the City of Kingsburg for all reasonable incurred costs in regard to the services provided for the after-school programming for the 2022-2023 school year.
This will include all staff costs (wages, benefits, insurance, etc.), program supplies and administrative fees necessary to fulfill the program under the State guidelines.
RECOMMENDED ACTION BY CITY COUNCIL
Meeting Date: 11/16/2022
Agenda Item: 6.3
1. Approve the Kingsburg Elementary Charter School District and the City of Kingsburg consulting agreement as presented and authorize the City Manager to execute the agreement. The agreement has been reviewed by counsel.
POLICY ALTERNATIVE(S)
1. The Council could choose to not approve the consulting agreement and the City would continue to operate the existing program until the District requests otherwise.
STRATEGIC INITIATIVE
1. Recreation Opportunities for all Ages
FINANCIAL INFORMATION
PRIOR ACTION/REVIEW
None.
ATTACHED INFORMATION
1. Kingsburg Elementary Charter School District Consulting Agreement FISCAL IMPACT:
1. Is There A Fiscal Impact? Yes
2. Is it Currently Budgeted? Yes
3. If Budgeted, Which Line? 001 – General Fund
2022-11-10-14
City Revisions
KINGSBURG ELEMENTARY CHARTER SCHOOL DISTRICT
CONSULTING AGREEMENT
THIS CONSULTING AGREEMENT (the "Agreement") dated this 16th day of November 2022 BETWEEN:
Kingsburg Elementary Charter School District, 1310 Stroud Ave., Kingsburg CA 93631 (the "Client")
- AND -
City of Kingsburg, 1401 Draper Street, Kingsburg CA 93631 (the "Contractor").
BACKGROUND:
A. The Client is of the opinion that the Contractor has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided
1. The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of:
o After School Programming: City of Kingsburg to operate the after-school program at Washington School, consistent with the guidelines established by the California Department of Education for Expanded Learning Opportunity programs. The Contractor shall provide staff, management, and volunteer recruitment for the Sites. The Contractor shall work collaboratively with the District on operational management and evaluation.
2. The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
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3. Term of Agreement.
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until June 30, 2023, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
4. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable actual damages.
5. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party specifying the date of termination. Any compensation due to Contractor as of the date of termination will be paid by District in accordance with the provisions of Section 8 of this Agreement.
Performance
6. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency
7. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.
Compensation
8. For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor all reasonable costs incurred by Contractor in regard to the services provided for the after-school programming for the 2022-2023 school year.
9. The Compensation will be payable, while this Agreement is in force, according to the following payment terms:
o Contractor has completed, in accordance with this agreement, Services required of the Contractor; and the District has received the Contractor’s invoice stating that the Contractor has completed Services, the date on which all Services were completed, and the payment requested. o Payment shall be made within 60 days of receipt of the Contractor’s invoice.
10. The Compensation as stated in this Agreement does not include sales tax, or other applicable taxes as may be required by law. Any sales tax and other taxes required by law will be charged to the Client in addition to the Compensation.
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Reimbursement of Expenses
11. The Contractor will not be reimbursed for personal expenses incurred by the Contractor in connection with providing the Services of this Agreement.
Additional Resources
12. The Client agrees to provide, for the use of the Contractor in providing the Services, the following resources:
o Copying and equipment necessary for staff, management, and volunteer recruitment for the site. o Classroom access at Washington School site.
Confidentiality
13. Confidential information (the "Confidential Information") refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
14. The Contractor agrees that, except as required by applicable law, it will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client. This obligation will survive the expiration or termination of this Agreement and will continue indefinitely.
15. All written and oral information and materials disclosed or provided by the Client to the Contractor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.
Ownership of Materials and Intellectual Property
16. All intellectual property and related materials (the "Intellectual Property") including any related work in progress that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
17. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
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Return of Property
18. Upon the expiry or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
Capacity/Independent Contractor
19. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Notice
20. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
a. Kingsburg Elementary Charter School District, 1310 Stroud Avenue Kingsburg, CA 93631 b. City of Kingsburg, 1401 Draper Street Kingsburg, CA 93631 or to such other addresses as any Party may from time to time notify the other.
Indemnification
21. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective officials, officers, agents, employees, volunteers and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective officials, officers, agents, employees, volunteers and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Legal Expenses
22. In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
Modification of Agreement
23. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
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Time of the Essence
24. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment
25. Neither Party shall voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the other Party. .
Entire Agreement
26. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Titles/Headings
27. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender
28. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law
29. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability
30. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver
31. The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
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Required Certification
32. The Contractor shall maintain, but shall not be required to provide, documentation of each “Required Certification” listed below, and at the written request to the District, provide reasonable assurances in support thereof:
a. Fingerprinting and Criminal Background Check Certification (“Fingerprinting Certification”), which the Contractor must obtain before the Contractor commences any Services.
b. Tuberculosis Certification (“TB Certification”), which the Contractor must obtain before the Contractor commences any Services.
Kingsburg Elementary Charter School District
(Client)
Date: ______________________ Per:__________________________________ Dr. Wesley Sever
Superintendent, or Authorized Designee
(Contractor): City of Kingsburg
Date: _______________________ ______________________________________ Alexander J. Henderson
City Manager