HomeMy WebLinkAbout06570 - GRANT MGMT SVCS FOR MEASURE J PROJECTS CONSULTING SERVICES AGREEMENT
(Strategic Solutions)
THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement') is made
and entered into this 29th day of September 2014, by and between the City of Palm
Springs Office of Sustainability, a municipal corporation ("City"), acting by and through
its City Manager, or his designee, a Contract Officer of the City ("City"), and Strategic
Solutions Inc. ("Consultant").
RECITALS
A. The City requires the services of Grant Writer ('Project').
B. Consultant has submitted to the City a proposal to provide Grant Writing
services pursuant to the terms of this Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified to provide the necessary services to the City for the Project and desires to
provide such services.
D. The City desires to retain the services of Consultant for the Project.
NOW, THEREFORE, in consideration of the promises and mutual agreements
contained herein, the City agrees to retain and does hereby retain Consultant and
Consultant agrees to provide services to the City as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide Consulting services to the City as described in the
Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated
herein by reference (the "services" or "work"), which includes the agreed upon schedule
of performance and the schedule of fees. Consultant warrants that all services and
work shall be performed in a competent, professional, and satisfactory manner in
accordance with all standards prevalent in the industry. In the event of any
inconsistency between the terms contained in the Scope of Services/Work and the
terms set forth in the main body of this Agreement, the terms set forth in the main body
of this Agreement shall govern.
1.2 Compliance with Law. All services rendered under this Agreement shall
be provided by Consultant in accordance with all applicable federal, state, and local
laws, statutes and ordinances and all lawful orders, rules, and regulations promulgated
thereunder.
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1.3 Licenses and Permits. Consultant shall obtain at its sole cost and
expense such licenses, permits, and approvals as may be required by law for the
performance of the services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that it has carefully considered how the work should be performed and fully
understands the facilities, difficulties, and restrictions attending performance of the work
under this Agreement.
2. TIME FOR COMPLETION.
The time for completion of the services to be performed by Consultant is an
essential condition of this Agreement. Consultant shall prosecute regularly and
diligently the work of this Agreement according to the agreed upon schedule of
performance set forth in Exhibit "A.° Consultant shall not be accountable for delays in
the progress of its work caused by any condition beyond its control and without the fault
or negligence of Consultant. Delays shall not entitle Consultant to any additional
compensation regardless of the party responsible for the delay.
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. For the services rendered pursuant to
this Agreement, Consultant shall be compensated and reimbursed, in accordance with
the schedule of fees set forth in Exhibit "A".
3.2 Reserved.
3.3 Changes. In the event any change or changes in the Scope of
Services/Work is requested by the City, the parties hereto shall execute a written
amendment to this Agreement, setting forth with particularity all terms of such
amendment, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents or other
work product or work when documents or other work product or work is required by the
enactment or revision of law subsequent to the preparation of any documents, other
work product, or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's
profession.
3.4 Appropriations. This Agreement is subject to and contingent upon funds
being appropriated therefore by the City of Palm Springs for each fiscal year covered by
the Agreement. If such appropriations are not made, this Agreement shall automatically
terminate without penalty to the City.
4. PERFORMANCE SCHEDULE
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4.1 Time of Essence. Time is of the essence in the performance of this
Agreement. The completion date required for this project is December 30, 2015.
4.2 Schedule of Performance. All services rendered pursuant to this
Agreement shall be performed pursuant to the agreed upon schedule of performance
set forth in Exhibit "A." The extension of any time period must be approved in writing by
the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered
pursuant to this Agreement may be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of
Consultant, including, but not limited to, acts of God or of a public enemy, acts of the
government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes,
freight embargoes, and unusually severe weather if Consultant shall within ten (10)
days of the commencement of such condition notify the Contract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the
time for performing the services for the period of the enforced delay when and if in the
Contract Officer's judgment such delay is justified, and the Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 9.5 of this
Agreement, this Agreement shall continue in full force and effect until December 30,
2015, unless extended by mutual written agreement of the parties.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
hereby designated as being the principal and representative of Consultant authorized to
act in its behalf with respect to the services and work specified herein and make all
decisions in connection therewith: Charlotte Whitney. It is expressly understood that the
experience, knowledge, education, capability, and reputation of the foregoing principal
is a substantial inducement for the City to enter into this Agreement. Therefore, the
foregoing principal shall be responsible during the term of this Agreement for directing
all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. The foregoing principal may not be changed by Consultant without
prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager, or
his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer,
or his/her designee, fully informed of the progress of the performance of the services
and Consultant shall refer any decisions that must be made by the City to the Contract
Officer. Unless otherwise specified herein, any approval of the City required hereunder
shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and
employees, were a substantial inducement for the City to enter into this Agreement.
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507639.2
Therefore, Consultant shall not contract with any other individual or entity to perform in
whole or in part the services required hereunder without the express written approval of
the City. In addition, neither this Agreement nor any interest herein may be assigned or
transferred, voluntarily or by operation of law, without the prior written approval of the
City.
5.4 Independent Contractor. Neither the City nor any of its employees shall
have any control over the manner, mode, or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth herein.
Consultant shall perform all services required herein as an independent contractor of
the City and shall not be an employee of the City and shall remain at all times as to the
City a wholly independent contractor with only such obligations as are consistent with
that role; however, the City shall have the right to review Consultant's work product,
result, and advice. Consultant shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of the City.
5.5 Personnel. Consultant agrees to assign the following individuals to
perform the services set forth herein. Consultant shall not alter the assignment of the
following personnel without the prior written approval of the Contract Officer. Acting
through the City Manager or his designee, the City shall have the unrestricted right to
order the removal of any personnel assigned by Consultant by providing written notice
to Consultant.
Name: Title:
Charlotte Whitney Principal
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of
insurance as set forth in Exhibit "B," which is attached hereto and is incorporated herein
by reference.
7. INDEMNIFICATION.
To the fullest extent permitted by law, Consultant shall defend (at Consultant's
sole cost and expense), indemnify, protect, and hold harmless the City, its elected
officials, officers, employees, agents, and volunteers (collectively the "Indemnified
Parties'), from and against any and all liabilities, actions, suits, claims, demands,
losses, costs, judgments, arbitration awards, settlements, damages, demands, orders,
penalties, and expenses including legal costs and attorney fees (collectively "Claims"),
including but not limited to Claims arising from injuries to or death of persons
(Consultant's employees included), for damage to property, including property owned by
the City, from any violation of any federal, state, or local law or ordinance, and from
negligent acts, errors and omissions committed by Consultant, its officers, employees,
representatives, and agents, which Claims arise out of or are related to Consultant's
performance under this Agreement, but excluding such Claims arising from the
negligence or willful misconduct of the City, its elected officials, officers, employees,
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agents, and volunteers. Under no circumstances shall the insurance requirements and
limits set forth in this Agreement be construed to limit Consultant's indemnification
obligation or other liability hereunder.
8. RECORDS AND REPORTS
8.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this
Agreement as the Contract Officer shall require.
8.2 Records. Consultant shall keep such books and records as shall be
necessary to properly perform the services required by this Agreement and enable the
Contract Officer to evaluate the performance of such services. The Contract Officer
shall have full and free access to such books and records at all reasonable times,
including the right to inspect, copy, audit, and make records and transcripts from such
records.
8.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this
Agreement shall be the property of the City and shall be delivered to the City upon
request of the Contract Officer or upon the termination of this Agreement, and
Consultant shall have no claim for further employment or additional compensation as a
result of the exercise by the City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use.
Consultant shall have an unrestricted right to use the concepts embodied therein.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services
under this Agreement shall not be released publicly without the prior written approval of
the Contract Officer.
8.5 Cost Records. Consultant shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred while performing under this Agreement and shall make such materials
available at its offices at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment for inspection by the City and copies
thereof shall be promptly furnished to the City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law. This Agreement shall be construed and interpreted both
as to validity and to performance of the parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in
relation to this Agreement shall be instituted in the Superior Court of the County of
Riverside, State of California, or any other appropriate court in such county, and
Consultant covenants and agrees to submit to the personal jurisdiction of such court in
the event of such action.
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507639.2
9.2 Waiver. No delay or omission in the exercise of any right or remedy of a
non-defaulting party on any default shall impair such right or remedy or be construed as
a waiver. No consent or approval of the City shall be deemed to waive or render
unnecessary the City's consent to or approval of any subsequent act of Consultant.
Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
9.3 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such
rights or remedies shall not preclude the exercise by it, at the same or different times, of
any other rights or remedies for the same default or any other default by the other party.
9.4 Legal Action. In addition to any other rights or remedies, either party
may take legal action, in law or in equity, to cure, correct, or remedy any default, to
recover damages for any default, to compel specific performance of this Agreement, to
obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the
purposes of this Agreement.
9.5 Termination Prior to Expiration of Term. The City reserves the right to
terminate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to Consultant, except that where termination is due to the fault of
Consultant and constitutes an immediate danger to health, safety, and general welfare,
the period of notice shall be such shorter time as may be determined by the City. Upon
receipt of the notice of termination, Consultant shall immediately cease all services
hereunder except such as may be specifically approved by the Contract Officer.
Consultant shall be entitled to compensation for all services rendered prior to receipt of
the notice of termination and for any services authorized by the Contract Officer
thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty
(30) days written notice to the City.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Employees. No officer or employee
of the City shall be personally liable to the Consultant, or any successor-in-interest, in
the event of any default or breach by the City or for any amount which may become due
to the Consultant or its successor, or for breach of any obligation of the terms of this
Agreement.
10.2 Covenant Against Discrimination. Consultant covenants that, by and
for itself, its heirs, executors, assigns, and all persons claiming under or through them,
that there shall be no discrimination or segregation in the performance of or in
connection with this Agreement regarding any person or group of persons on account of
race, color, creed, religion, sex, marital status, disability, sexual orientation, national
origin, or ancestry.
11. MISCELLANEOUS PROVISIONS
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11.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give to the other party or any other
person shall be in writing and either served personally or sent by pre-paid, first-class
mail to the address set forth below. Either party may change its address by notifying
the other party of the change of address in writing. Notice shall be deemed
communicated seventy-two (72) hours from the time of mailing if mailed as provided in
this Section.
To City: City of Palm Springs
Attention: Michele Mician
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant:
Charlotte D. Whitney
StrategicSolutions
2825 South Palm Canyon Drive
Palm Springs, CA 92264
11.2 Integrated Agreement. This Agreement contains all of the agreements of
the parties and cannot be amended or modified except by written agreement.
11.3 Amendment. This Agreement may be amended at any time by the
mutual consent of the parties by an instrument in writing.
11.4 Severability. In the event that any one or more of the phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable by valid judgment or decree of a court of competent
jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be
interpreted to cant' out the intent of the parties hereunder.
11.5 Authority. The persons executing this Agreement on behalf of the parties
hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by so executing this Agreement the parties hereto are formally bound to
the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
dates stated below.
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50763U
"CITY"
City of Palm Springs
Date: �'Q�J' By:
David H. Ready,
City ager
c�Date: By:
Mich C. ician
Manager, Office of Sustainability
ATTEST:
Date: 4::::1'11001 Zo t 4
;James
Thompson,
City Clerk
APPROVED AS TO FORM:
6
Date: By:
Dou las C. Holland,
City Attorney
"CONSULTANT"
Strategic Solutions, Inc.,
Date: �/ r�l`� By : Gil a (,(J
Charlotte Whitne
Principal
APPROVED BY CITY MANAGER
Not to Exceed $ o ��
Without The �k� �Wam.- t �117
Authorization Of
The ntten
Manager Ot City
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507639.2
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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507639.2
EXHIBIT "A"
(PROPOSAL)
(Scope of Services)
The Consultant proposal and specifications for the Event Promotion for the City's
"Project" are as follows:
General Description: Charlotte D. Whitney, d.b.a. StrategicSolutions, will provide
comprehensive grant management services to the City of Palm Springs Office of
Sustainability. Drawing on its extensive experience in all phases of the grant process,
StrategicSolutions will focus on funding opportunities in support the following City of
Palm Springs sustainability initiatives:
1. Clean Air Projects
2. Bicycle Infrastructure and Related Programs
3. Electric Vehicles and Infrastructure
4. Urban and Community Forestry
5. Non Motorized Transportation Plan
6. Other Areas, as identified or assigned
StrategicSolutions will work interdepartmentally and with public and private individuals
and agencies to achieve program objectives and maximize access to grant funding.
StrategicSolutions will provide the following comprehensive grant management services
as appropriate:
1. Facilitate project scoping
2. Identify applicable grants
3. Write program descriptions
4. Complete grant applications
5. Draft policies, plans and agenda reports to support grant applications
6. Prepare progress and final reports as required by funding agencies
7. Prepare requests for reimbursement
8. Provide technical assistance to staff and subcontractors
Costs: The $20,000.00 cost includes all materials necessary to provide services as
described with exception of equipment rental.
Timeline: Work will begin upon the execution of this Agreement by all parties, and will
end by December 30, 2015, unless extended by mutual written agreement of the
parties.
EXHIBIT "A"
(SCHEDULE OF PERFORMANCE)
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507639.2
The Consultant shall begin the work as described in the attached Scope of Work
("Project'), after the full execution of this Agreement.
Consultant shall furnish to the City, before the execution of this Agreement, a schedule
for completion of all materials for distribution.
Consultant shall furnish to City staff, one (1) time every month after the start of the
project, a progress report until the completion of the project.
Charlotte D. Whitney will dedicate the required time and materials to complete quality
work submitted on deadline.
Charlotte D. Whitney will be available for consultation five days per week, excluding
weekends and holidays, by telephone, e-mail, and FAX.
Charlotte D. Whitney will be available for meetings at the offices of the City of Palm
Springs as needed.
Charlotte D. Whitney will dedicate the required time and materials to complete quality
work submitted on deadline. Charlotte D. Whitney will be available for consultation five
days per week, excluding weekends and holidays, by telephone, e-mail, and FAX.
Charlotte D. Whitney will be available for meetings at the offices of the City of Palm
Springs as needed.
This schedule is flexible and may change based as the work requires.
Following is a list of representative tasks generally preformed to complete a grant
application.
TASKS
Pre-Application Preparation
1. Research grant databases and agency speck databases on-line for funding
opportunities
2. Review grant announcements and guidelines for applicability
3. Attend training and bidder's conferences
4. Develop a database of grants that match funding needs
5. Update calendar of submission datelines
6. Maintain a comprehensive grants inventory for each project area
nReseaoracthoand
n Development and Preparation
1. guidelines, applications and forms
2. Develop application strategies that maximizes fundingand prospects for approval
3. nd conductingstrategymeetings with staff
4. assembling information to be included in applications
5. Obtainspecifications, vendor quotes, brochures and other supporting materials
6. Secure relationships, resolutions, cover letters and letters of support
7. Prepare draft applications for review and comment
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507639.2
8. Prepare final applications for submittal
9. Overnight mail and/or hand deliver applications to funding agencies and others
10. Telephone and/or e-mail funding agencies and other staff regarding applications
Post-Application Implementation and Oversight
1. Prepare, update, and/or assemble additional documents as required by funding
agencies
2. Prepare calendar of report due dates
3. Download report requirements and forms
4. Obtain and assemble information for preparation of reports
5. Prepare draft reports for review and comment
6. Prepare final reports for submittal
7. Prepare materials for status meetings with city staff, agency staff and/or other
consultants
8. Coordinate with staff on invoicing and requests for reimbursement
9. Coordinate with outside agency staff and consultants on funding status and grant
implementation
10. Maintain computer and hard copy files
EXHIBIT "A"
(FEE SCHEDULE)
Payment for the Grant Writing Consultation Services for the City of Palm Springs shall
be as follows: In consideration for the services to be performed by Consultant, City
agrees to pay Consultant at the rate of $95.00 per hour. Consultant's total
compensation payable under this Agreement shall not exceed $20,000.00 and the total
compensation for any one grant or grant application shall not exceed $5,000.00.
Consultant acknowledges that she accepts the risk that the services identified in this
Agreement may be more costly and/or time-consuming than Consultant anticipates and
Consultant shall not be entitled to additional compensation. In the event the City's
maximum payment obligation for the entire agreement or for one or more grants or
grant applications is reached before the Consultant's Services under this Agreement are
completed, Consultant shall nevertheless complete the work without liability on the
City's part for further payment beyond the maximum amounts specified in this
paragraph.
Terms of Payment: Consultant will send City an invoice monthly. City will pay
Consultant within thirty (30) days from the date of each invoice.
Expenses: Consultant will be responsible for all expenses incurred while performing
P P p P 9
services under this Agreement.
Materials: Consultant will furnish all materials, equipment, and supplies used to provide
the services required by this Agreement.
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EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
i
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Insurance
Consultant shall procure and maintain, at its sole cost and expense, and submit
concurrently with its execution of this Agreement, in a form and content satisfactory to
the City, public liability and property damage insurance against all claims for injuries
against persons or damages to property resulting from Consultant's performance under
this Agreement. Consultant shall also carry workers' compensation insurance in
accordance with California workers' compensation laws. Such insurance shall be kept
in full force and effect during the term of this Agreement, including any extension
thereof, and shall not be cancelable without thirty (30) days advance written notice to
the City of any proposed cancellation. Certificates of insurance evidencing the
foregoing and designating the City, its elected officials, officers, employees, agents, and
volunteers as additional named insureds by original endorsement shall be delivered to
and approved by the City prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the
same shall not be construed as a limitation of Consultant's obligation to indemnify the
City, its elected officials, officers, agents, employees, and volunteers.
A. Minimum Scope of Insurance. The minimum amount of insurance
required hereunder shall be as follows:
1. Comprehensive general liability and personal injury with limits of at
least one million dollars ($1,000,000.00) combined single limit coverage per occurrence
and two million dollars ($2,000,000) general aggregate;
2. Automobile liability insurance with limits of at least one million
dollars ($1,000,000.00) per occurrence;
3. Professional liability (errors and omissions) insurance with limits of
at least one million dollars ($1,000,000.00) per occurrence and two million dollars
($2,000,000) annual aggregate; and,
4. Workers' Compensation insurance in the statutory amount as
required by the State of California and Employer's Liability Insurance with limits of at
least one million dollars $1 million per occurrence. If Consultant has no employees,
Consultant shall complete the City's Request for Waiver of Workers' Compensation
Insurance Requirement form.
For any claims related to this Agreement, Consultant's insurance coverage shall
be primary insurance as respects the City and its respective elected officials, officers,
employees, agents, and volunteers. Any insurance or self-insurance maintained by the
City and its respective elected officials, officers, employees, agents, and volunteers
shall be in excess of Consultant's insurance and shall not contribute with it. For
Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive
all rights of subrogation and contribution it may have against the City, its elected
officials, officers, employees, agents, and volunteers.
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507639.2
B. Errors and Omissions Coverage. If Consultant provides claims made
professional liability insurance, Consultant shall also agree in writing either (1) to
purchase tail insurance in the amount required by this Agreement to cover claims made
within three years of the completion of Consultant's services under this Agreement, or
(2) to maintain professional liability insurance coverage with the same carrier, or
equivalent coverage with another company, in the amount required by this Agreement
for at least three years after completion of Consultant's services under this Agreement.
Consultant shall also be required to provide evidence to the City of the purchase of the
required tail insurance or continuation of the professional liability policy.
C. Sufficiency of Insurers. Insurance required herein shall be provided by
authorized insurers in good standing with the State of California. Coverage shall be
provided by insurers admitted in the State of California with an A.M. Best's Key Rating
of B++, Class VII, or better, unless otherwise acceptable to the City.
D. Verification of Coverage. Consultant shall furnish the City with both
certificates of insurance and endorsements, including additional insured endorsements,
effecting all of the coverages required by this Agreement. The certificates and
endorsements are to be signed by a person authorized by that insurer to bind coverage
on its behalf. All proof of insurance is to be received and approved by the City before
work commences. The City reserves the right to require Consultant's insurers to
provide complete, certified copies of all required insurance policies at any time.
Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General
and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an
acceptable Certificate of Liability Insurance Coverage with an approved Additional
Insured Endorsement with the following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named
as an additional insured..." ('as respects City of Palm Springs Contract No. "or "for
any and all work performed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. " or
"for any and all work performed with the City' may be included in this statement).
3. "Should any of the above described policies be canceled before the
expiration date thereof, the issuing company will mail 30 days written notice to the
Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail
such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall
contain the insurer's waiver of subrogation in favor of the City, its elected officials,
officers, employees, agents, and volunteers.
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507639.2
In addition to the endorsements listed above, the City of Palm Springs shall be named
the certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the
City before work commences. All certificates of insurance must be authorized by a
person with authority to bind coverage, whether that is the authorized agent/broker or
insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Consultant's obligation to provide them.
E. Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City prior to commencing
any work or services under this Agreement. At the option of the City, either the insurer
shall reduce or eliminate such deductibles or self-insured retentions as respects the
City, its elected officials, officers, employees, agents, and volunteers; or, Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration, and defense expenses. Certificates of Insurance must include evidence
of the amount of any deductible or self-insured retention under the policy. Consultant
guarantees payment of all deductibles and self-insured retentions.
F. Severability of Interests (Separation of Insureds). This insurance
applies separately to each insured against whom claim is made or suit is brought except
with respect to the limits of the insurer's liability.
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507639.2
STRATEGIC SOLUTIONS
ki
SCOPE OF SERVICES
COMPREHENSIVE GRANT MANAGEMENT
Forthe
City of Palm Springs, California
Office of Sustainability
OVERVIEW
Charlotte D. Whitney, d.b.a. Strategic5olutions, will provide comprehensive grant management services
to the City of Palm Springs Office of Sustainability. Drawing on its extensive experience in all phases of
the grant process, Strategic5olutions will focus on funding opportunities in support the following City of
Palm Springs sustainability initiatives:
1. Clean Air Projects
2. Bicycle Infrastructure and Related Programs
3. Electric Vehicles and Infrastructure
4. Urban and Community Forestry
5. Non Motorized Transportation Plan
6. Other Areas, as identified or assigned
Strategic5olutions will work interdepartmentally and with public and private individuals and agencies
to achieve program objectives and maximize access to grant funding.
SERVICES
Strategic5olutions will provide the following comprehensive grant management services as appropriate:
1. Facilitate project scoping
2. Identify applicable grants
3. Write program descriptions
4. Complete grant applications
5. Draft policies, plans and agenda reports to support grant applications
6. Prepare progress and final reports as required by funding agencies
7. Prepare requests for reimbursement
8. Provide technical assistance to staff and subcontractors
Proposal_Palm_Springs_2014-2015 Page 1
612412014
STRATEGIC , SOLUTIONS
AVAILABILTIY
Charlotte D. Whitney will dedicate the required time and materials to complete quality work submitted
on deadline.
Charlotte D. Whitney will be available for consultation five days per week, excluding weekends and
holidays, by telephone, e-mail, and FAX.
Charlotte D. Whitney will be available for meetings at the offices of the City of Palm Springs as needed.
COMPENSATION
For grant applications, StrategicSolutions will bill from $3,000 - $5,000 per grant depending on
complexity, time required to complete and amount of the award.
For support services,StrategicSolutions will bill at an hourly rate of$95.
A detailed activity report and copies of completed projects will be submitted with each invoice.
Ordinary support services, including mileage and telephone, are included.
Total amount of compensation will not exceed $20,000.
TERMS
The Agreement will be in effect for Fiscal Year 2014/2015 ending June 30, 2015.
Either party for any reason may cancel the Agreement with a thirty-day written notice.
Charlotte D.Whitney Date
StrategicSolutions
Proposal_Pafm_Springs_2014-2015 Page 2
612412014
STRATEGIC SOLUTIONS
ATTACHMENT A:TASKS
Following is a list of representative grant management tasks that are provided.
TASKS
Pre-Application Preparation
1. Research grant databases and agency specific databases on-line for funding opportunities
2. Review grant announcements and guidelines for applicability
3. Attend training and bidder's conferences
4. Develop a database of grants that match funding needs
5. Update calendar of submission datelines
6. Maintain a comprehensive grants inventory for each project area
Application Development and Preparation
1. Download guidelines, applications and forms
2. Develop application strategies that maximizes funding and prospects for approval
3. Schedule and conducting strategy meetings with staff
4. Research and assembling information to be included in applications
5. Obtain specifications,vendor quotes, brochures and other supporting materials
6. Secure relationships, resolutions, cover letters and letters of support
7. Prepare draft applications for review and comment
8. Prepare final applications for submittal
9. Overnight mail and/or hand deliver applications to funding agencies and others
10. Telephone and/or e-mail funding agencies and other staff regarding applications
Post-Application Implementation and Oversight
1. Prepare, update, and/or assemble additional documents as required by funding agencies
2. Prepare calendar of report due dates
3. Download report requirements and forms
4. Obtain and assemble information for preparation of reports
5. Prepare draft reports for review and comment
6. Prepare final reports for submittal
7. Prepare materials for status meetings with city staff, agency staff and/or other consultants
8. Coordinate with staff on invoicing and requests for reimbursement
9. Coordinate with outside agency staff and consultants on funding status and grant implementation
10. Maintain computer and hard copy files
Proposal_Palm_Springs_2014-2015 Page 3
612412014
CONSULTING SERVICES AGREEMENT
Grant Management Services for Measure J Commission
THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and
entered into on c td 2;�, , 201�by and between the City of Palm Springs, a California
charter city and municipal corporation ("City"),and Strategic Solutions ("Consultant"). City and
Consultant are individually referred to as "Party"and are collectively referred to as the"Parties".
RECITALS
A. City requires the services of a professional consultant to provide grant
management services for applicable Measure J projects, ("Project").
B. Consultant has submitted to City a proposal to provide professional grant
management services for applicable Measure J projects to City under the terms of this
Agreement.
C. Based on its experience, education, training, and reputation, Consultant is
qualified and desires to provide the necessary services to City for the Project.
D. City desires to retain the services of Consultant for the Project.
In consideration of these promises and mutual agreements, City agrees as follows:
AGREEMENT
1. CONSULTANT SERVICES
1.1 Scone of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide grant management services for Measure J projects to City
as described in the Scope of.ServicesfWork attached to this Agreement as Exhibit "A" and
incorporated by reference (the "services" or "work'J. Exhibit "A" includes the agreed upon
schedule of performance and the schedule of fees. Consultant warrants that all services and work
shall be performed in a competent, professional, and satisfactory manner consistent with
prevailing industry standards. In the event of any inconsistency between the terms contained in
the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this
Agreement shall govern.
1.2 Compliance with Law. Consultant services rendered under this Agreement shall
comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful
orders,rules,and regulations.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits, and approvals as may be required by law for the performance of the services
required by this Agreement.
t RWsed:6110/10
720599.1
1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that
it has carefully considered how the work should be performed and fully understands the
facilities, difficulties, and restrictions attending performance of the work under this Agreement.
2. TIME FOR COMPLETION
The time for completion of the services to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this
Agreement according to the agreed upon schedule of performance set forth in Exhibit "A."
Consultant shall not be accountable for delays in the progress of its work caused by any
condition beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for the
delay.
I
3. COMPENSATION OF CONSULTANT
3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed
for the services rendered under this Agreement in accordance with the schedule of fees set forth
in Exhibit"A". The total amount of Compensation shall not exceed $5,000.00.
3.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall submit to City an invoice for services rendered prior to the date of the
invoice, no later than the first working day of such month, in the form approved by City's
finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for.
authorized services performed. City shall pay Consultant for all expenses stated in the invoice
that are approved by City and consistent with this Agreement, within thirty (30) days of receipt
of Consultant's invoice.
3.3 Changes. In the event any change or changes in the Scope of Services/Work is
requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work,when required by the enactment or revision of any subsequent law;or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Consultant's profession.
3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being
appropriated by the City Council of City for each fiscal year. If such appropriations are not
made, this Agreement shall automatically terminate without penalty to City.
4. PERFORMANCE SCHEDULE
4.1 Time of Essence. Time is of the essence in the performance of this Agreement.
2 Revised:6116110
720599A
i
i
4.2 Schedule of Performance. All services rendered under this Agreement shall be
performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time
period extension must be approved in writing by the Contract Officer.
4.3 Force Maieure. The time for performance of services to be rendered under this
Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Consultant, if Consultant notifies the Contract
Officer within ten (10) days of the commencement of such condition. Unforeseeable causes
include, but are not limited to, acts of God or of a public enemy, acts of the government, fires,
earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and
unusually severe weather. After Consultant notification, the Contract Officer shall investigate
the facts and the extent of any necessary delay, and extend the time for performing the services
for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay
is justified. The Contract Officer's determination shall be final and conclusive upon the parties
to this Agreement.
4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this
Agreement, this Agreement shall continue in full force and effect for a period of one year,
commencing on July 1, 2014, and ending on June 30, 2015, unless extended by mutual written
agreement of the parties.
4.5 Termination Prior to Expiration of Term. City may terminate this Agreement
at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where
termination is due to the fault of Consultant and constitutes an immediate danger to health,
safety, and general welfare, the period of notice shall be such shorter time as may be determined
by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all
services except such as may be specifically approved by the Contract Officer. Consultant shall
be entitled to compensation for all services rendered prior to receipt of the notice of termination
and for any services authorized by the Contract Officer after such notice. Consultant may
terminate this Agreement,with or without cause,upon thirty(30)days written notice to City.
5. COORDINATION OF WORK
5.1 Representative of Consultant. The following principal of Consultant is
designated as being the principal and representative of Consultant authorized to act and make all
decisions in its behalf with respect to the specified services and work: Charlotte D. Whitney. It
is expressly understood that the experience, knowledge, education, capability, and reputation of
the foregoing principal is a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principal shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services under this Agreement. The foregoing principal may not be changed by Consultant
without prior written approval of the Contract Officer.
5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Consultant shall refer any
3 Revimd:6110110
720599.1
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
5.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, education, capability, and reputation of Consultant, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall
not contract with any other individual or entity to perform any services required under this
Agreement without the City's express written approval. In addition, neither this Agreement nor
any interest may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
5.4 Independent Contractor. Neither City nor any of its employees shall have any
control over the manner, mode, or means by which Consultant, its agents or employees, perform
the services required, except as otherwise specified. Consultant shall perform all required
services as an independent contractor of City and shall not be an employee of City and shall
remain at all times as to City a wholly independent contractor with only such obligations as are
consistent with that role; however, City shall have the right to review Consultant's work product,
result, and advice. Consultant shall not at any time or in any manner represent that it or any of
its agents or employees are agents or employees of City.
5.5 Personnel. Consultant agrees to assign the following individuals to perform the
services in this Agreement. Consultant shall not alter the assignment of the following personnel
without the prior written approval of the Contract Officer. Acting through the City Manager,the
City shall have the unrestricted right to order the removal of any personnel assigned by
Consultant by providing written notice to Consultant.
Name:
Charlotte D. Whitney
6. INSURANCE
Consultant shall procure and maintain, at its sole cost and expense, policies of insurance
as set forth in the attached Exhibit "B", incorporated herein by reference.
7. INDEMNIFICATION.
7.1 Indemnification. To the fullest extent permitted by law, Consultant shall
defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its
elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified
Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs,
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses
including legal costs and attorney fees (collectively "Claims"), including but not limited to
Claims arising from injuries to or death of persons (Consultant's employees included), for
damage to property, including property owned by City, from any violation of any federal, state,
or local law or ordinance, and from errors and omissions committed by Consultant, its officers,
employees, representatives, and agents, that arise out of or relate to Consultant's performance
4 Revls d:811610
720599.1
under this Agreement. This indemnification clause excludes Claims arising from the sole
negligence or willful misconduct of the City, its elected officials, officers, employees, agents,
and volunteers. Under no circumstances shall the insurance requirements and limits set forth in
this Agreement be construed to limit Consultant's indemnification obligation or other liability
under this Agreement. Consultant's indemnification obligation shall survive the expiration or
earlier termination of this Agreement until all actions against the Indemnified Parties for such
matters indemnified are fully and finally barred by the applicable statute of limitations or, if an
action is timely filed, until such action is final. This provision is intended for the benefit of third
party Indemnified Parties not otherwise a party to this Agreement.
7.2 Desian Professional Services Indemnification and Reimbursement. If the
Agreement is determined to be a "design professional services agreement" and Consultant is a
"design professional" under California Civil Code Section 2782.8,then:
A. To the fullest extent permitted by law, Consultant shall indemnify, defend
(at Consultant's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually"Indemnified Party'; collectively"Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties(collectively "Claims"), including but not limited to Claims arising from injuries or
death of persons (Consultant's employees included) and damage to property, which Claims arise
out of, pertain to, or are related to the negligence, recklessness or willful misconduct of
Consultant, its agents, employees, or subcontractors, or arise from Consultant's negligent,
reckless or' willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Consultant's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and
volunteers.
B. The Consultant shall require all non-design-professional sub-contractors,
used or sub-contracted by Consultant to perform the Services or Work required under this
Agreement, to execute an Indemnification Agreement adopting the indemnity provisions in sub-
section 7.1 in favor of the Indemnified Parties. In addition, Consultant shall require all non-
design-professional sub-contractors, used or sub-contracted by Consultant to perform the
Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement, as well as any other insurance that may be
required by Contract Officer.
8. RECORDS AND REPORTS
8.1 Reuorts. Consultant shall periodically prepare and submit to the Contract Officer
reports .concerning the performance of the services required by this Agreement, or as the
Contract Officer shall require.
8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all
time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant
shall keep such books and records as shall be necessary to properly perform the services required
5 Revised:OMW10
720599A
by this Agreement and enable the Contract Officer to evaluate the performance of such services.
The Contract Officer shall have full and free access to such books and records at all reasonable
times, including the right to inspect, copy, audit, and make records and transcripts from such
records.
83 Ownership of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of this Agreement
shall be the property of City. Consultant shall deliver all above-referenced documents to City
upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall
have no claim for further employment or additional compensation as a result of the exercise by
City of its full rights or ownership of the documents and materials. Consultant may retain copies
of such documents for Consultant's own use. Consultant shall have an unrestricted right to use
the concepts embodied in such documents.
8.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer.
8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred while performing
under this Agreement. Consultant shall make such materials available at its offices at all
reasonable times during the term of this Agreement and for three (3) years from the date of final
payment for inspection by City and copies shall be promptly furnished to City upon request.
9. ENFORCEMENT OF AGREEMENT
9.1 California Law.- This Agreement shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this
Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such county, and Consultant covenants and agrees to
submit to the personal jurisdiction of such court in the event of such action.
9.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver.
No consent or approval of City shall be deemed to waive or render unnecessary City's consent to
or approval of any subsequent act of Consultant. Any waiver by either party of any default must
6 R"IWd:611611D
720599.1
be in writing. No such waiver shall be a waiver of any other default concerning the same or any
other provision of this Agreement.
9.4 Riehts and Remedies are Cumulative, Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative. The exercise by either party of one or more of such rights or remedies
shall not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
9.5 Legal Action. In addition to any other rights or remedies, either party may take
legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for
any default, to compel specific performance of this Agreement, to obtain injunctive relief, a
declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
10.1 Non-Liability of City Officers and Emnlovees. No officer or employee of City
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any
default or breach by City or for any amount which may become due to the Consultant or its
successor, or for breach of any obligation of the terms of this Agreement.
10.2 Conflict of Interest. No officer or employee of the City shall have any direct or
indirect financial interest in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects their financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. Consultant warrants that Consultant has
not paid or given, and will not pay or give, any third parry any money or other consideration in
exchange for obtaining this Agreement.
10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be
no discrimination or segregation in the performance of or in connection with this Agreement
regarding any person or group of persons on account of race, color, creed, religion, sex, marital
status,disability, sexual orientation,national origin,or ancestry.
11. MISCELLANEOUS PROVISIONS
11.1 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing and either served personally or sent by pre-paid, first-class mail to the address set forth
below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing
if mailed as provided in this Section. Either party may change its address by notifying the other
party of the change of address in writing.
7 Revised:6116/10
720599.1
To City: City of Palm Springs
Attention: Finance Director/City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Consultant: Strategic Solutions
Charlotte D. Whitney
2825 S.Palm Canyon Dr.
Palm Springs, CA 92264
p. 949-933-8556
f
11.2 Integrated Agreement. This Agreement contains all of the agreements of the
parties and supersedes all other written agreements.
11.3 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
11.4 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. In the event that
any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining
phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted
to carry out the intent of the parties.
11.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
11.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise,upon any entity or person not a party to this Agreement.
11.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
11.8 Authority. The persons executing this Agreement on behalf of the Parties
warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by
so executing this Agreement the Parties are formally bound to the provisions of this Agreement.
g Revised:6/16110
720599.1
I
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
stated below.
°°CITY"
City of Palm Springs
Date: T k r—f Z 6 20/f By:
Geoffrey Kiehl
Finance Director
`APPROVED BY DEPARMENT HEAD
APPROVED AS TO FORM: do
ATTEST Cli�/ �0M" Abt/�10
By: By r
*Amey
d, ames Thompson,
City Clerk
"CONSULTANT"
Strategic Solutions
Date. �— By
(name)
(president)
Date:
(name)
(secretary)
720599.1 9 Revised:611M0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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720599.1
EXHIBIT "A"
CONSULTANT'S
SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
1 Reviwd:MOM
720599.1
r
STRATEGIC �44 SOLUTIONS
SCOPE OF SERVICES
COMPREHENSIVE GRANT MANAGEMENT
Forthe
City of Palm Springs, California
Measure J Commission
OVERVIEW
i
Charlotte D. Whitney, d.b.a.StrategicSolutions, will provide comprehensive grant management services
to the City of Palm Springs Measure J Commission. Drawing on its extensive experience In all phases of
the grant process, StrategicSolutions will focus on funding opportunities in support the City of Palm
Springs Measurel capital projects:
1. Citizen suggested projects
2. Staff suggested projects
3. Other projects,as identified or assigned
StrategicSolutions will work interdepartmentally and with public and private individuals and agencies
to achieve program objectives and maximize access to grant funding.
INITIAL PROJECT
StrategicSolutions will review the existing list of proposed Measure 1 capital projects and supporting
documents. From that information,StrategicSolutions will assemble a list of potential matching grants.
Grant Information will be presented in table format and be subdivide by subject areas, for example,
Parks Projects, Historic Preservation,Technology, etc.
After the initial project is completed, remaining funds will be applied towards other general services.
SERVICES-GENERAL
StrategicSolutions will provide the following comprehensive grant management services as appropriate:
Facilitate project scoping
Write program descriptions
Complete grant applications
Draft policies, plans and agenda reports to support grant applications
Prepare progress and final reports as required by funding agencies
Prepare requests for reimbursement
Provide technical assistance to staff and subcontractors
Maintain electronic and hard-copy files for review and audit
Proposal Palm Springs Measure_✓ Commission_2014-2015 Page I
1
STRATEGIC SOLUTIONS
AVAILABILTIY
Charlotte D. Whitney will dedicate the required time and materials to complete quality work submitted
on deadline.
Charlotte D. Whitney will be available for consultation five days per week, excluding weekends and
holidays, by telephone, e-mail, and FAX.
Charlotte D. Whitney will be available for meetings at the offices of the City of Palm Springs as needed.
COMPENSATION
For initial project, StrategicSolutions will tract project by hours, bill at $75 per hour and cap project at
$3,500. After staff and/or Measure J Commission review, remaining funds ($1,500) will be devoted to
further research or to other grants services.
For grant applications, StrategicSolutions will bill from $3,000 - $5,000 per grant depending on
complexity,time required to complete and amount of the award.
For general services,StrategicSolutions will bill at an hourly rate of$95.
A detailed activity report and copies of completed projects will be submitted with each invoice.
Ordinary support services, including mileage and telephone, are included.
Total amount of compensation will not exceed $5,000.
TERMS
The Agreement will be in effect for Fiscal Year 2014/2015 ending June 30, 2014.
Either party for any reason may cancel the Agreement with a thirty-day written notice.
�CG a i 4�
Charlotte D. Whitney Date
StrategicSolutions
Proposal—Palm_Springs_Measure_J Commission_2014-2015 Page 2
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STRATEGIC SOLUTIONS
ATTACHMENT A:TASKS
Following is a list of representative grant management tasks that may be provided.
TASKS
Pre-Application Preparation
1. Research grant databases and agency specific databases on-line for funding opportunities
2. Review grant announcements and guidelines for applicability
3. Attend training and bidder's conferences
4. Develop a database of grants that match funding needs
5. Update calendar of submission datelines
6. Maintain a comprehensive grants inventory for each project area
Application Development and Preparation
1. Download guidelines,applications and forms
2. Develop application strategies that maximizes funding and prospects for approval
3. Schedule and conducting strategy meetings with staff
4. Research and assembling Information to be included in applications
5. Obtain specifications,vendor quotes,brochures and other supporting materials
6. Secure relationships, resolutions,cover letters and letters of support
7. Prepare draft applications for review and comment
8. Prepare final applications for submittal
9. Overnight mail and/or hand deliver applications to funding agencies and others
10. Telephone and/or e-mail funding agencies and other staff regarding applications
Post-Application Implementation and Oversight
1. Prepare,update,and/or assemble additional documents as required by funding agencies
2. Prepare calendar of report due dates
3. Download report requirements and forms
4. Obtain and assemble information for preparation of reports
5. Prepare draft reports for review and comment
6. Prepare final reports for submittal
7. Prepare materials for status meetings with city staff, agency staff and/or other consultants
8. Coordinate with staff on invoicing and requests for reimbursement
9. Coordinate with outside agency staff and consultants an funding status and grant implementation
10. Maintain computer and hard copy files
Proposal Palm_springs_Measure J Commission_2014-2015 Page 3
EXHIBIT "B"
INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Error§ and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
9.
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INSURANCE
1. Procurement and Maintenance of Insurance. Consultant shall procure and
maintain public liability and property damage insurance against all claims for injuries against
persons or damages to property resulting from Consultant's performance under this Agreement.
Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and
content satisfactory to the City, and submit concurrently with its execution of this Agreement.
Consultant shall also carry workers' compensation insurance in accordance with California
workers' compensation laws. Such insurance shall be kept in full force and effect during the
term of this Agreement, including any extensions. Such insurance shall not be cancelable
without thirty(30)days advance written notice to City of any proposed cancellation. Certificates
of insurance evidencing the foregoing and designating the City, its elected officials, officers,
employees, agents, and volunteers as additional named insureds by original endorsement shall be
delivered to and approved by CitX prior to commencement of services. The procuring of such
insurance and the delivery of policies, certificates, and endorsements evidencing the same shall
not be construed as a limitation'6Tr-onsultant's obligation to indemnify City, its elected officials,
officers,agents,employees, and volunteers.
2. Minimum Scone '6f Insurance. The minimum amount of insurance required
under this Agreement shall be as follows:
1. Comprehensive general liability and personal injury with limits of at least
one million dollars ($1,000,000:00) combined single limit coverage per occurrence and two
million dollars ($2,000,000)general aggregate;
2. Automobile liability insurance with limits of at least one million dollars
($1,000,000.00)per occurrence;
3. Professional, liability (errors and omissions) insurance with limits of at
least one million dollars ($1,000000.00) per occurrence and two million dollars ($2,000,000)
annual aggregate is:
required
is not required;
4. Workers',Compensation insurance in the statutory amount as required by
the State of California and Employer's Liability Insurance with limits of at least one million
dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the
City's Request for Waiver of Workers' Compensation Insurance Requirement form.
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3. Primary Insurance. For any claims related to this Agreement, Consultant's
insurance coverage shall be primary with respect to the City and its respective elected officials,
officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City
and its respective elected officials, officers, employees, agents, and volunteers shall be in excess
of Consultant's insurance and shall not contribute with it. For Workers' Compensation and
Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and
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contribution it may have against City, its elected officials, officers, employees, agents, and
volunteers.
4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required,
and if Consultant provides claims made professional liability insurance, Consultant shall also
agree in writing either (1)to purchase tail insurance in the amount required by this Agreement to
cover claims made within three years of the completion of Consultant's services under this
Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in
the amount required by this Agreement for at least three years after completion of Consultant's
services under this Agreement. Consultant shall also be required to provide evidence to City of
the purchase of the required tail insurance or continuation of the professional liability policy.
5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VII, or better,unless otherwise k-deptable to the City.
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6. Verification of Coverage. Consultant shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, effecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
ConsuItant's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Fork for the City of Palm Springs or(2) an acceptable Certificate of
Liability Insurance Coverage with` an approved Additional Insured Endorsement with the
following endorsements stated oh'ltbe certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No._" or 'for any and all
workperformed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No._" or 'for any
and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing compahy;will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
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4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents,and volunteers.
In addition to the endorsements, listed above, the City of Palm Springs shall be named the
certificate holder on the policies.
All certificates of insurance and endorsements are to be received and approved by the City
before work commences. All certificates of insurance must be authorized by a person with
authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.
Failure to obtain the required documents prior to the commencement of work shall not waive the
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Consultant's obligation to provide them.
7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to.and approved by the City prior to commencing any work or
services under this Agreement. At, the option of the City, either (1) the insurer shall reduce or
eliminate such deductibles or self-in'sured retentions with respect to the City, its elected officials,
officers, employees, agents, and volunteers; or (2) Consultant shall procure a bond guaranteeing
payment of losses and related investigations, claim administration, and defense expenses.
Certificates of Insurance must include evidence of the amount of any deductible or self-insured
retention under the policy. Consultant guarantees payment of all deductibles and self-insured
retentions.
8. Severability of Interests (Separation of Insureds). This insurance applies
separately to each insured against whom claim is made or suit is brought except with respect to
the limits of the insurer's liability.`.
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720599.1