Agenda Item No. 10
CITY OF YUCAIPA
AGENDA REPORT
TO: pShaneMassoud,
le Mayor and City Council
FROM: ond A. Casey, City Manager
Public Information Officer/Grant Coordinator
FOR: City Council Meeting of July 11, 2022
SUBJECT: Agreement with California Consulting, Inc.
RECOMMENDATION:
That City Council review and authorize the City Manager to execute an agreement with California Consulting, Inc. for grant writing services in the amount not to exceed $52,250 for the period between August 1, 2022, through June 30, 2023.
BACKGROUND:
With the passage of the $1 trillion Infrastructure Bill and the influx of federal and state funding made available to local municipalities through state agencies as well as through the competitive grants processes; City Staff believes that continuing to enlist the support of a grant writing firm is critical in order to leverage the firm's resources in an effort to ensure the City of Yucaipa can optimize any present or future grant funding opportunities.
A grant writing firm is a critical resource that not only provides professional grant writing services, but they also have well -established relationships management and/or executive leadership throughout the various California state departments and federal agencies. These relationships can better serve the City of Yucaipa when engaging with these departments and/or agencies on various grant funding opportunities. Having these relationships is critical, it gives the City the ability to engage directly with grant program officers which allows for greater clarity and insight on grant guidelines as well as the grant evaluation process. A grant writing firm can also provide an opportunity for the City to have a greater sphere of influence as it relates to identifying, pursuing, and applying for grants, strengthening the City's competitive edge against other cities throughout the state and nation.
DISCUSSION:
City Staff is recommending that City Council review and authorize the City Manager to execute a contract with California Consulting, Inc. for their grant writing services.
California Consulting, Inc. was founded in 2004 and has grown to become the largest grant writing company in the State of California. With approximately 26 team members and clients throughout 1:
the State the company has earned a reputation for hard work and delivering results for clients. Since inception, California Consulting grant writers have written more than one thousand competitive federal, state, and private foundation grant applications that have been awarded for clients.
Our experienced grant writers bring more than 200 years of combined experience and have generated more than $1.5 billion for our clients since 2004 through our combined efforts. California Consulting has contracts with cities, school districts, community colleges, special districts, non- profits, and others. California Consulting, Inc. works with clients throughout the State. As part of our services, we conduct grant research and identification, grant writing, grant administration/reporting and post award compliance as well as program evaluation.
Most recently, California Consulting, Inc. grant writers wrote 5 award winning Prop. 68 grant application through the California State Parks and Recreation Department for five cities. As part of this highly competitive Prop. 68 process our grant writers worked diligently with cities to craft each facet and component of these complex applications. In addition, California Consulting grant writers have written award winning applications for ATP, HSIP, EDA, WaterSmart, and many other highly complex and highly competitive federal and state grant applications.
California Consulting Inc. provides grant services for approximately 80 public agencies across California including the Cities of Carson, Manteca, Baldwin Park, Compton, Waterford, Stockton, Newman, Glendale, Twenty -Nine Palms, Fairfield, Vacaville, and several other entities.
With the help of California Consulting, Inc. the City of Yucaipa has been able to apply for five unique grant opportunities within the past six months. The City has submitted a $9.9 million grant application for the proposed Yucaipa Branch Library Project, a $7.5 million grant application for the Dunlap Park Project, a $420,000 grant application Five Winds Ranch Trail Rehabilitation Project, a $10.9 million grant application for the PS&E phase for the Wildwood Canyon Road Interchange Project, and a $200,000 grant application to help facilitate the establishment of the necessary viticulture infrastructure within the City of Yucaipa. California Consulting, Inc. has also helped keep staff appraised of any updates regarding the $4 million State Revolving Loan request for the Wilson III Basin Project.
The City is eagerly waiting for the application review process to close for each of these grants to find out if they City has been selected to be a recipient of any of these funding opportunities.
City Staff believes that California Consulting, Inc. is the grant writing firm that best meets the needs of the City of Yucaipa. Staff is confident that their experience and expertise in grant writing will continue to positively benefit the City of Yucaipa.
FISCAL IMPACT:
City shall pay California Consulting, Inc. $4,750 per month as compensation for California Consulting, Inc. grant writing services. The funding for these services is included in the approved and adopted General Fund Budget for FY 2022/2023.
ATTACHMENTS:
Professional Services Agreement with California Consulting, Inc. -309-
PROFESSIONAL SERVICES AGREEMENT
FOR CALIFORNIA CONSULTING, INC.
This Professional Services Agreement ("Agreement") is made and entered into the I" day of August 2022, by and between the City of Yucaipa, a municipal corporation, ("City"), and California Consulting, Inc. ("Consultant").
RECITALS
A. The City has an immediate need for professional grant writing services for the purpose of pursuing Local, State and Federal funding opportunities for City projects and programs.
The Consultant has the professional competence, experience, and qualifications to provide professional grant writing services required by the City; and the City desires to retain the Consultant to provide said services.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education. and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
THE PARTIES THEREFORE AGREE AS FOLLOWS:
1. Term of Agreement
The term of this Agreement shall commence on August 1, 2022 and shall continue through June 30, 2023 in effect until the conclusion of the project unless sooner terminated as provided in Section 13 of this Agreement. The City may, upon mutual agreement, extend the contract.
2. Compensation
A. Compensation. City shall pay Consultant $4,750 per month as compensation for Consultant's grant writing services as described in Section 3. Consultant will provide Client with a written invoice. Client agrees to pay invoice within 30 (thirty) days of receipt.
If the City elects to have Consultant perform any of the Optional Project Elements as identified in Exhibit A, the compensation amount for the Optional Project Elements will be in the amounts of $125 hour as identified in Exhibit A.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Invoices. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the
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invoice. If the City approves the invoice, then payment shall be made within thirty days of the City' s approval.
D. Additional Services. City shall not allow any claims for additional services performed by Consultant unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant's performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties.
3. Consultant's Services
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
During the term of this Agreement, Consultant shall provide the City as follows:
a. Grant research, targeted grant research on projects specifically identified by the client, identification of funding opportunities, and grant writing services at direction of Client; b. Offering Client general advice on matters involving funding mechanisms, grants research, identification, and writing; and
c. Perform post -grant award administration on the grants which are awarded to the Client, including the filing of required documents by the proscribed deadlines set by the awarding entity.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the "City Representative"). For the purposes of this Agreement the Consultant Representative shall be Steven N. Samuelian, CEO of California Consultant, Inc. (the "Consultant Representative").
The Consultant Representative shall directly manage Consultant's services under this Agreement.
Consultant shall not change the Consultant Representative without City's prior written consent.
C. Time for Performance. 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.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All services required under this Agreement
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shall be performed by Consultant, and all personnel engaged in the work shall be qualified to perform such services.
F. Compliance with Laws. The Consultant shall keep itself informed of all local, state, and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.
G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement including a business license.
H. Audit of Records. -Consultant shall make all records, invoices, timecards, cost control sheets and other records maintained by Consultant in connection with this Agreement available during Consultant's regular working hours to City for review and audit by City.
I. 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 costs, postage, parking, travel, and lodging expenses. Consultant shall provide Client with a receipt and a description of the expense with the invoice.
J. 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.
4. Ownership of Documents.
Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes. and other documents prepared in the course of providing the services to be performed ("written products") pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
5. Independent Contractor
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall have no
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power to incur any debt. obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
6. Confidentiality.
All data, documents discussion, or other information (collectively "data") developed or received by Consultant or provided for performance of this Agreement are deemed confidential.
Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City' s prior written consent. City shall grant such consent if disclosure is legally required.
Consultant shall return all data to City upon the expiration or termination of this Agreement.
Consultant's covenant under this Section 6 shall survive the expiration or termination of this Agreement.
7. Conflicts of Interest.
Consultant and its officers. employees, associates, and subcontractors: if any. shall comply with all conflict -of -interest statutes of the State of California applicable to Consultant's services under this Agreement, including the Political Reform Act {Gov. Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative's prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would create a conflict of interest. Consultant shall incorporate a clause substantially similar to this Section 7 into any subcontract that Consultant executes in connection with the performance of this Agreement.
8. Indemnification.
A. Indemnities for Third Party Claims.
l . To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith and the payment of all consequential damages (collectively "Liabilities" in law or equity, whether actual, alleged or threatened) which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of
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Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and expert's costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
2. Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
3. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 8 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen contractors or their officers, agents, servants or employees (or any entity or individual that Consultant's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers' Compensation Acts Not Limiting. Consultant's indemnifications and obligations under this Section 8, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents employees and volunteers.
C. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities
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in this Section 8 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability tax assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant's indemnifications and obligations under this Section 8 shall survive the expiration or termination of this Agreement.
9. Insurance
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope and Limits of Insurance. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the Entity for review.
5. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
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B. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
C. Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
D. Notice of Cancellation. Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance.
E. Waiver of Subrogation. Consultant hereby grants to Entity a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. However, the Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.
F. Self -Insured Retentions. Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity.
G. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity.
H. Verification of Coverage. Consultant shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by
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these specifications, at any time.
I. Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors.
J. Special Risks or Circumstances. Entity reserves the right to modify these requirements, including limits, based on the -nature of the risk, prior experience, insurer, coverage, or other special circumstances.
10. Mutual Cooperation
A. City's Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant's proper performance of the services required under this Agreement.
B. Consultant's Cooperation. In the event any claim or action is brought against the City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
11. Drafts
Consultant shall, prior to release of any documents to the public, provide confidential preliminary review drafts of those documents for review by the City Attorney's office
12. Records and Inspections
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings, and activities.
13. Termination or Suspension of Agreement
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City's termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than
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the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
14. Force Majeure
Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City's sole judgment that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, govermnental controls judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant's reasonable control and not due to any act by Consultant.
15. Notices
Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant's and City's regular business hours, or (c) five business days after deposit in the United States mail by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City:
City of Yucaipa
Attn. Ray Casey
34272 Yucaipa Boulevard
Yucaipa, CA 92399
If to Consultant:
California Consulting, Inc.
Attn: Steve Samuelian, CEO
214 Main Street, Suite 102
El Segundo, CA 90245
16. Non -Discrimination and Equal Employment Opportunity In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression. marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability mental disability, medical condition, genetic information or sexual orientation.
17. Prohibition of Assignment and Delegation
Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent. City's consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 17 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 17, "assignment" and "delegation"
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means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
18. No Third -Party Beneficiaries Intended
This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
19. Waiver
No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power, or remedy of City, nor shall it be construed as a waiver of, or consent to any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
20. Exhibits
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
21. Entire Agreement
This Agreement and all exhibits referred to in this Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
22. Amendment of Agreement
This Agreement may be amended only by a writing signed by the Parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council's behalf and without the City Council's prior approval to make the following non -substantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) non -monetary changes in the scope of work; and (d) termination of the Agreement.
23. Headings
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
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24. Word Usage
Unless the context clearly requires otherwise, (a) the words "shall, "will and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes" or "including" are not limiting.
25. Time of the Essence
Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
26. Governing Law and Choice of Forum
This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort, or both) shall be resolved in a municipal, superior, or federal court with geographic jurisdiction over the City of Yucaipa.
27. Attorneys' Fees
In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorneys' fees together with any costs and expenses to resolve the dispute and to enforce the final judgment.
28. Severability
If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid, or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect
29. Authority to Execute Agreement
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written.
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
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CITY OF YUCAIPA
A California Municipal Corporation
Raymond A. Casey
City Manager
APPROVED AS TO FORM:
am
David M. Snow
City Attorney
CONSULTANT
California Consulting, Inc.
By:
Steve Samuelian,
CEO
By:
Steve Samuelian,
Secretary
(Two signatures of corporate officers
required for corporations under
Corporations Code Section 313, unless
corporate documents authorize only one
person to sign this Agreement on behalf
of the corporation)
Attachments: Exhibit A — Proposal/Scope of Work
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ALIFORNIA
giii ��,T-
.' The State'.v Premier Grant Writing Firm
A Proposal for City of Yucaipa
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 80 clients statewide. We have 30 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 25 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 1200 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.
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.
Facilitation of Department Decision Making Processes: Our Project Managers are experts on grant identification. With years of experience, your Project Manager will be
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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.
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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.califomiaconsulting.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
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Monthly reports to include grants in progress, grants submitted, and grants awarded Regular communication via email and/or phone regarding upcoming rant opportunities Grant administration and post award compliance as needed We propose a flat monthly rate of $4,750, plus reimbursement of out of pocket expenses for services explained above.
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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 $125.00. For research completed at an hourly rate, client may specify a "not to exceed" amount.
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