1 of 4 11/2019
AGREEMENT FOR GRANT ADMINISTRATION SERVICES
THIS AGREEMENT, effective as of INSERT DATE, by and between the City of Visalia, hereinafter referred to as City, and Self-Help Enterprises, hereinafter referred to as SHE:
WHEREAS project financing is through the Department of Water Resources agreement no. [insert number] ;
WHEREAS City desires to obtain administrative services from SHE for the PROJECT; and
WHEREAS SHE agrees to perform services required for PROJECT.
IT IS AGREED AS FOLLOWS:
1. WORK TO BE PERFORMED
SHE agrees to provide the services described in ATTACHMENT A, Scope of Work.
2. COMPENSATION
Each month, SHE will submit an invoice for services provided under this Agreement during the previous month. Charges for staff services are to be billed on an hourly basis, at the SHE charge rates in effect during the period in which services are provided (see Attachment B). Third party charges and out of pocket costs such as printing, copying, and shipping are to be billed at actual cost. The total cost for all services provided under this Agreement shall not exceed TWENTY SIX THOUSAND SIXTEEN DOLLARS ($29,616).
3. TERM OF AGREEMENT
This Agreement shall take effect when both parties have signed it and expire on [DATE], or the date of any mutually agreed to extension in conjunction with [project no.].
4. INDEPENDENT CONTRACTOR STATUS
It is mutually understood that, in performing the services herein specified, SHE shall act as an Independent Contractor and shall have control of the work and the manner in which it is performed.
SHE shall be responsible for providing legally mandated benefits and to comply with the state and federal withholding regulations. City retains the general right of inspection in order to judge whether, in City's opinion, SHE is performing the work in accordance with the terms of this Agreement.
5. SUBCONTRACTS AND ASSIGNMENT
SHE shall not subcontract or assign any work specified under this Agreement without the approval of City, in writing.
Commented [ED1]: Grant end date.
Commented [ED2]: Add project number
2 of 4 11/2019
6. INDEMNIFICATION
SHE shall hold harmless, defend and indemnify the City, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including City property, arising out of the activities of SHE or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against SHE by any taxing authority asserting that an employer employee relationship exists by reason of this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
The City shall hold harmless, defend and indemnify SHE, its agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including SHE property, arising out of the activities of City or its agents, officers and employees under this Agreement. This indemnification specifically includes any claims that may be made against the City by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.
7. INSURANCE
SHE shall carry workers' compensation insurance as prescribed by law. The City shall require SHE to name the City as additional insured on all liability insurance SHE is required to carry under this agreement.
Before any work commences, SHE shall furnish City with a Certificate of Insurance with combined single limits of at least $500,000 for bodily injuries and property damages on each occurrence.
8. TERMINATION
Either party shall have the right to terminate this Agreement provided the other party is notified in writing thirty days prior to the effective termination date. If so terminated, SHE shall be entitled to compensation for services provided prior to termination.
9. GOVERNING LAW
This Agreement shall be interpreted and governed under the laws of the State of California without reference to California conflicts of law principles. Any litigation arising out of this Agreement shall be brought in Tulare County, California. The parties waive the removal provisions of California code of Civil Procedure Section 394.
10. WAIVERS
The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. 3 of 4 11/2019
The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
11. RECITALS AND HEADINGS
The Recitals to this Agreement are fully incorporated into and are integral parts of this Agreement.
Section and paragraph headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.
12. CONFLICT WITH LAWS OR REGULATIONS/SEVERABILITY
This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void.
If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.
13. FURTHER ASSURANCES
Each party agrees to execute any additional documents and to perform any further acts which may be reasonably required to effect the purposes of this Agreement.
14. SEVERABILITY
If any term, condition, covenant, provision or part thereof of this Agreement is, or is declared, invalid, void or unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.
15. INTEGRATION
This Agreement represents the complete and entire understanding between the parties as to those matters contained herein. No prior oral or written understanding, except as expressly provided herein, shall be of any force or effect with respect to those matters covered herein. This Agreement may only be modified or amended in writing, signed by all parties, except as otherwise specifically provided herein.
16. NOTICES
Notices to either party shall be deemed to have been provided by depositing the same, postage prepaid, with the United States Postal Service, addressed as follows:
City of Visalia
[Contact]
[Address]
Self-Help Enterprises
Thomas J. Collishaw, President/CEO
PO Box 6520
Visalia CA 93290
2 of 4 11/2019
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written.
Attest CITY OF VISALIA
Officer Title
__________________________________________\
Date
SELF-HELP ENTERPRISES
Thomas J. Collishaw, President/CEO
__________________________________________\
Date
Attachments:
A. Scope of Work
B. SHE Charge Rates
ATTACHMENT A - SCOPE OF WORK
GRANT ADMINISTRATIVE SERVICES FOR PROJECT NO.
Self-Help Enterprises (SHE) will assist the City of Visalia with grant administration and community outreach for the [Project Name, Project No.].
Services include:
Task 1: Outreach to the property owners along Linwood Avenue that are eligible for connection to the CalWater Visalia water system, including door to door outreach and following up with the property owners
Task 2: Grant agreement administration, including preparing reports and claims and providing coordination for all stakeholders (City of Visalia, Cal Water, and DWR)
Proposed Budget:
Task Description Personnel
Subtotal
Direct
Expenses
Subtotal
Task
Subtotal
Task 1 - Outreach
Door to Door Outreach $ 4,508 $ 100 $ 4,608
Update Property Owners $ 2,342 $ 100 $ 2,442
Task 1 Subtotal $ 6,849 $ 200 $ 7,049
Task 2 - Grant Agreement Administration
Reporting $ 4,121 $ 100 $ 4,221
Claims $ 4,683 $ 100 $ 4,783
Project Coordination w/Stakeholders $ 12,563 $ 1,000 $ 13,563 Task 2 Subtotal $ 21,368 $ 1,200 $ 22,568
TOTAL $ 28,217 $ 1,400 $ 29,617
CD Director CD ManagerCD Spec ISr. CD SpecAdmin. AnalystProject TechHourly Rate ($):135.49 105.3 81.33 92.15 98.4 68.59 Task 1 - Outreach
Door to Door Outreach 3 6 20 20 4,508$ 100$ 100$ 4,608$ Update Property Owners 3 21 2,342$ 100$ 100$ 2,442$ Task 1 Subtotal 6 6 20 41 0 0 6,849 $ 200 $ 200 $ 7,049$ Task 2 - Grant Agreement Administration
Reporting 1 10 6 20 1 7 4,121$ 100$ 100$ 4,221$ Claims 1 10 5 25 1 10 4,683$ 100$ 100$ 4,783$ Project Coordination w/Stakeholders 15 30 80 12,563$ 1,000$ 1,000$ 13,563$ Task 2 Subtotal 17 50 11 125 2 17.34 21,368 $ 200 $ 1,200 $ 22,568$ TOTAL 23 56 31 166 2 17.34 28,217 $ 400 $ 1,400 $ 29,617$ Self Help Enterprise Attachment B
Task Subtotal
Direct
Expenses
Subtotal
Task Description
Shipping/Postage/Mailing
Personnel
Subtotal
Personnel Time (Hours) Expenses ($)
California Water Services Deposit