HomeMy WebLinkAbout2017-1451
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2017-145
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CALIFORNIA CONSULTING FOR ONE-YEAR,
IN THE AMOUNT OF $63,000 FOR THE PROVISION OF GRANT -WRITING
SERVICES
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a Consultant Services Agreement between
CALIFORNIA CONSULTING and the City of San Bernardino for grant -writing services, a copy
of which is attached hereto and incorporated herein as Exhibit "A."
SECTION 2. The authorization granted by this Resolution shall expire and be void and
of no further effect if the agreement is not executed by both parties and returned to the Office of
the City Clerk within sixty (60) days following the effective date of this Resolution.
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH CALIFORNIA CONSULTING FOR ONE-YEAR,
IN THE AMOUNT OF $63,000 FOR THE PROVISION OF GRANT -WRITING
SERVICES
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 2nd
day of August 2017, by the following vote, to wit:
Council Members:
AYES
MARQUEZ
X
BARRIOS
X
VALDIVIA
X(S)
SHORETT
X(M)
NICKEL
X
RICHARD
X
MULVIHILL
X
NAYS ABSTAIN ABSENT
C_ el
GeorgeanEfianna, , ity Clerk
The foregoing Resolution is hereby approved this 2nd day of August 2017
J�' L440
R. Carey Davis Iayor
City of San B iardino
`Approved as to form:
Gary D. Saenz, City Attorney
By: ��
2
GRANT WRITING SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CALIFORNIA CONSULTING, LLC
DATED: August 2, 2017
PARTIES: California Consulting, LLC, A California Limited Liability Company
(hereinafter the "Consultant"); and
City of San Bernardino, (hereinafter the "Client")
AGREEMENT:
The undersigned hereby agree to the following terms and conditions:
Section 1. Duties of Consultant: During the term of this Agreement,
Consultant shall provide the Client as follows:
a. Grant research, targeted grant research on projects specifically identified by the
client, identification of funding opportunities, and grant writing 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.
Section 2. Time for Performance of Duties: Notwithstanding any
other term or condition of this Agreement, Client specifically acknowledges that
Consultant has other clients and/or outside employment. Consultant shall have control
over the time and manner of performing its duties described in Section 1, and shall make
available such time as it, in its sole discretion, shall deem appropriate for the performance
of its duties under this Agreement.
Section 3. Term of the Aereement: The effective date of this
Agreement is August 2, 2017, and shall continue for a period of one (1) year.
Section 4. Compensation: Client shall pay Consultant $5,250.00 per
month as compensation for Consultant's services as described in Section 1. Consultant
will provide Client with a written invoice. Client agrees to pay invoice within 30 (thirty)
days of receipt. The amount of this agreement shall not exceed $63,000.00.
Section 5. Expenses: The Client agrees to reimburse the Consultant
for reasonable out-of-pocket expenses related to performing services on behalf of the
Client. Such expenses typically might include, but are not limited to, mileage,
conference calls, copies, binding costs, postage, parking, travel, and lodging expenses.
Consultant shall provide Client with a receipt and a description of the expense with the
invoice.
Section 6. Relationship: Consultant shall perform its services
hereunder as an independent contractor and not as an employee of the Client or an
affiliate thereof. It is expressly understood and agreed to by the parties hereto that
Consultant shall have no authority to act for, represent or bind the Client or any affiliate
thereof in any manner, except as may be agreed to expressly by the Client in writing from
time to time.
Section 7. Confidentiality: Except in the course of the performance of
its duties hereunder, each party agrees that it shall not disclose any trade secrets, know-
how, or other proprietary information not in the public domain learned as a result of this
Agreement. Similarly, the parties agree that they shall not disclose or divulge this
Agreement, or any of its term or conditions to third parties, except as is necessary to
perform the terms and conditions stated herein.
Section 8. Indemnification: To the fullest extent permitted by law,
Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify,
protect, and hold harmless City and its elected officials, officers, employees, agents, and
representatives (Indemnified Parties) from and against any and all claims, losses, costs,
damages, injuries (including, without limitation, injury to or death of an employee of
Consultant or its subcontractors), expense, and liability of every kind, nature and
description (including, without limitation, incidental and consequential damages, court
costs, and litigation expenses and fees of expert consultants or expert witnesses incurred
in connection therewith and costs of investigation) that arise out of, pertain to, or relate
to, directly or indirectly, in whole or in part, any goods provided or performance of
services under this Agreement by Consultant, any subcontractor, anyone directly or
indirectly employed by either of them, or anyone that either of them control. Consultant's
duty to defend, indemnify, protect and hold harmless shall not include any claims or
liabilities arising from the sole negligence or willful misconduct of the Indemnified
Parties.
Section 9. City Policies: By signing this Agreement, Consultant
certifies that Consultant is aware of, and will comply with, these policies throughout the
duration of the Agreement. Consultant shall ensure that this language is included in
Agreements between Consultant and any Subcontractors, vendors and suppliers.
Section 10. Drug -Free Workplace: Consultant shall comply with
City's Drug -Free Workplace requirements.
Section 11. Americans with Disabilities Act (ADA) and State Access
Laws and „Regulations: Consultant shall comply with all accessibility requirements
under the ADA and under Title 24 of the California Code of Regulations (Title 24).
When a conflict exists between the ADA and Title 24, Consultant shall comply with the
-2-
most restrictive requirement (i.e., that which provides the most access).
Section 12. Non -Discrimination: Consultant shall not discriminate on
the basis of race, gender, gender expression, gender identity, religion, national origin,
ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or
treatment of subcontractors, vendors or suppliers. Consultant shall provide equal
opportunity for subcontractors to participate in subcontracting opportunities. Consultant
understands and agrees that violation of this clause shall be considered a material breach
of the Agreement and may result in Agreement termination, debarment, or other
sanctions. Consultant shall ensure that this language is included in Agreements between
Consultant and any subcontractors, vendors and suppliers.
Section 13. Business Registration Certificate: Any company doing
business with the City of San Bernardino is required to obtain a Business Registration
Certificate and to provide a copy of its Business Registration Certificate to the City
before an Agreement is executed.
Section 14. Conflict of Interest Laws: Consultant is subject to all
federal, state and local conflict of interest laws, regulations, and policies applicable to
public contracts and procurement practices including, but not limited to, California
Government Code sections 1090, et. seq. and 81000, et. seq. City may determine that
Consultant must complete one or more statements of economic interest disclosing
relevant financial interests. Upon City's request, Consultant shall submit the necessary
documents to City.
Section 15. Consultant's Responsibility _for Employees and Agents:
Consultant is required to establish and make known to its employees and agents
appropriate safeguards to prohibit employees from using their positions for a purpose that
is, or that gives the appearance of being, motivated by the desire for private gain for
themselves or others, particularly those with whom they have family, business or other
relationships.
Section 16. Consultant's Financial or Organizational Interests: In
connection with any task, Consultant shall not recommend or specify any product,
supplier, or Consultant with whom Consultant has a direct or indirect financial or
organizational interest or relationship that would violate conflict of interest laws,
regulations, or policies.
Section 17. Certification of Non -Collusion: Consultant certifies that:
(1) Consultant's bid or proposal was not made in the interest of or on behalf of any
person, firm, or corporation not identified; (2) Consultant did not directly or indirectly
induce or solicit any other bidder or proposer to put in a sham bid or proposal; (3)
Consultant did not directly or indirectly induce or solicit any other person, firm or
corporation to refrain from bidding; and (4) Consultant did not seek by collusion to
secure any advantage over the other bidders or proposers.
-3-
Section 18. Hiring City- _Employ-ees: This Agreement shall be
unilaterally and immediately terminated by City if Consultant employs an individual who
within the twelve (12) months immediately preceding such employment did in his/her
capacity as a City officer or employee participate in negotiations with or otherwise have
an influence on the selection of Consultant.
Section 19. Assignment: This Agreement shall not be assignable by
either party; provided however, that Consultant shall have the discretion to allocate its
duties hereunder to owners, affiliates, or employees of Consultant.
Section 20. No Guaranteed Result: Client acknowledges and agrees
that Consultant does not have control over third party decision makers, and therefore
Consultant makes no representations, warranties or guarantees that it can achieve any
particular results. Consultant, however, shall act in good faith toward the performance of
its duties described above.
Section 21. Prior Agreements: This Agreement shall supersede any
prior agreements between the parties, and serves as the sole and only agreement between
them. This Agreement may only be modified by a writing signed by both parties.
Section 22. Governing Law: This Agreement shall be deemed to be a
contract made under the laws of the State of California and for all purposes shall be
construed in accordance with the laws of said State.
Section 23. Venue: The venue for any suit concerning
solicitations or the Agreement, the interpretation of application of any of its terms and
conditions, or any related disputes shall be in the Superior Court for the State of
California, County of San Bernardino.
Section 24. Attorney's Fees: The prevailing party in any action filed
that arises out of this Agreement shall be entitled to recoup their reasonable attorney's
fees and costs from the other party.
Section 25. Notices: All notices will be sent via certified mail or
overnight courier to:
Consultant at: California Consulting, LLC
4744 Telephone Road, Ste. 3-352
Ventura, CA 93003
Client at: City of San Bernardino
290 N "D" Street
San Bernardino, CA 92401
-4-
Section 25. Termination: This Agreement may be terminated by either
party for any reason not in violation of federal and/or California State law upon thirty
(30) days written notice to the other party. Client shall compensate Consultant for all
services rendered prior to the date of termination. There shall be no liquidated damages
in the event of termination under this provision.
IN WITNESS THEREOF, this Agreement is executed on the dates set
forth below and effective on the date first set forth above.
"CONSULTANT"
California Consulting, LLC
(A California Limited Liability Company)
By:
Steven . Samuelian, Owner
-5-
"CLIENT"
City of San Bernardino
By: i
City Manager
Approved as to Form:
Gary D. Saenz, City Attorney
B �1
AEST:
Georgeann nna, CMC, iVity Clerk