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HomeMy WebLinkAbout04776 - RLM CONSULTING BOB MOHLER GRANT WRITING RLM Consulting Grant Writing AGREEMENT #4776 CM signed 9-23-03 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Consulting Services Grant Writing, Special Districts, Presentations and Studies THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into thiscZ3', day of _ ,, rr alc�-1„ 7/r5 �, by and between the CITY OF PALM SPRINGS, a municipal corporat�ion'(herein "City") and RLM Consulting (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services" attached hereto as Exhibit"A"and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses. Permits, Fees and Assessments. Contractor 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Five Thousand Dollars ($5,000) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Robert L. Mohler is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. David Barakian is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. H:\USERS\CarieR\Data\DOCUMEN'nCONTRACT SERVICES AGREEMENTS\CONT SVCS AGR-July 2003 to June 2004-RLM Consulting.wpd -1- 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor 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. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance. A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations.The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of $1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit B. All of the above policies of insurance shall be primary insurance. (Reference Section 4.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. H:\USERS\CarrieR\Data\DOCUMENT\CONTRACT SERVICES AGREEMENTS\CONT SVCS AGR-July 2003 to June 2004-RLM Consulting.wpd -2- In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City,its officers,agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,omissions or liabilities, (herein"claims or liabilities")that may be asserted orclaimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees,subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay anyjudgment rendered againsttheCity, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 4.3 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement, in the form provided by the City,which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bond shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 4.4 Sufficiency of Insurer or Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 4 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. H:\USERS\CarrieR\Data\DOCUMEN"ACONTRACT SERVICES AGREEMENTS\CONT SVCS AGR-July 2003 to June 2004-RLM Consultingmpd -3- 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until June 30, 2004. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them,that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, 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 Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration;Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations,arrangements,agreements and understandings,if any,between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. H:\USERS\CameR\DataOOCUNM' TMCONPRACT SERVICES AGREEMENTS\CONT SVCS AGR-July 2003 to June 2004-RLM Consulting.wpd A- 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver, No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted,whether legal or equitable, shall be entitled to reasonable attorney's fees,whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE H:\USERS\CanieRTatMOCUMEN'ACONIBACT SERVICES AGREEMENTS\CONT SVCS AGR-July 2003 to June 2004-RLM Consulting.wpd -5- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS EST: a muni I corporation BIB •. - °" " By; �j City Clerk 5 ( r1r=zCit agar l Agree i )it over/undcr $25,000 � Uw,15dY1 is Reviewed and approved by ff: Procurement & Contracting CONTRACTOR: Check one:_Individual_Partnership_Corporation Initials Date P.O. Number By: .�Signature(notarized) Signature(notarized) Name� � Name: Titlelo"1u7 ���'r� �r Title: (This Agreement must be signed in the above space by one of This Agreement must be signed in the above space by one of the following:Chairman of the Board,President or any Vice the following:Secretary,Chief Financial Officer or any President) l Assistant Treasurer) ll Stateof Ccnlr�ore.,r� JI State of 1 County of '�oo rSiAz sS County of ss On ul 1720D36efore me,0 Crrtc.Rrnl'nal �.lu Faey Cvb)le pn before me, , personal y appeared P.oher}L.P�o>,\\Qr ---' personally appeared personally known to me(erpraved-bme-on-tbe-batirof-satisfaetery personally known to me(or pproved to me on the basis of sans aetory evidenca)to be the person(a)whose name(s)is/awsubsccibedto the within evidence)tobethepersoMs)v, sename(s)is/are subscribedto the within instrument and acknowledged to me that he/ahekhay executed the same in instrument and acknowledged to me thathe/sWthey executed the same in his4&rAhek authorized capaciTy(iea),and that byhis/paAhairsiguature(s) his/her/their authorized capaeity(iea),andthatbyhis/her/their signature(s) on the instrument the person(s); or the entity upon behalf of which the on the imourneut tie person(s),or the entity upon behalf of which the person(a)'acted,executed the instrument. person(s)acted,executed the instrument. WITNESS my hand and official seat, WITNESS my hand and official seal. Notary Signature am Notary Signature: Notary Seayl:r� Notary Seal: CABBIE ROVNEY _l Commtssion X 1348457 �a c Nataty PuClic-CaBt'omb Riverside County My Comm.E%pkes'Mar2d,2 I4:1USERS\CameR\Data\DOCUMENIICONIRACT SERVICES AGREEMENTS\CONT SVCS AGR-July 2003 to June 2004-RLM Consulting.wpd -6- .,�. �-.��:-�..�.., .. .�.,.M,. 3 ..�, �,�.,�.�� �` , , g,. . �,�, .P � EXHIBIT "A" SCOPE OF WORK Provide consultant services to City upon specific request of city for: 1. Mountain Gate (TR 30963) Assessment District formation. 2. Mountain Gate (TR 30963) Parkway Maintenance District No. 10 formation. 3. Complete Annual Maintenance District for 2003/2004 tax rolls. 4. Assist staff with electric vehicle programs and alternate fuel vehicle grants. 5. Complete grant applications and submittals. Work for each of the 5 tasks above shall be authorized in writing by the City prior to Contractor beginning work. H:\USERS\CameR\Data\DOCUNM'N'1CONTRACT SERVICES AGREEMENTS\CONT S VCS AGR-July 2003 to June 2004-RLM Consulting.wpd -7- EXHIBIT"B" SCHEDULE OF COMPENSATION Consulting: Grant Writing: Hourly Rate of: $75/hour $55/hour Incidental Expenses: - Consisting of reimbursement for mileage at 360 per mile. - Postage, printing,reproduction and telephone charges. (These shall be billed at actual cost and are included in the $5,000 "total fee not to exceed" amount.) Total fee not to exceed $5,000 for this contract, including all services performed and incidental expenses incurred up to June 30, 2004. H:\USERS\CarrieR\Data\DOCUMEN,nCONTRACT SERVICES AGREEMENTS\CONT SVCS AGR-July 2003 to June 2004-RLM Consulting.wpd -S- EXHIBIT "C" SPECIAL CONDITIONS Section 4.1, 'Insurance" is modified to eliminate items (a) and (b). Section 4.3, 'Performance Bond" is hereby deleted. Ii:\USERS\CameR\Data\DOCUNMNT1CONTRACT SERVICES AGREEMENTS\CONT SVCS AGR-July 2003 to June 2004-RLM Consulting.wpd -9- 09/25/2003 02: 01 7603658211 MOHLER BOB AND JAN PAGE 01 � r • N6w York, New York 10038 Personal Umbrella Declaration I Named Insured: Producer: Robert Mohler BILL REED INSURANCE AGENCY 58747 San Marino Drive 72880 FRED WARING DR, Yucca Valley CA 92284 /� SUITE D17 e[fl/h/ PALM DESERT CA 92260 V/ VContact: BILL REED Phone: 7607768151 Policy No: PUP26594-00 Policy Period: 8/15/2003 To 8/15/2004 {3.2:0]-dh1-Sk a at the address of the Insured.) Coverage A: Personal & Business Owner's Liability Limits of Liability for Each Loss: $1,000,000 Policy Total Limit: $1,000,000 Coverage B: Uninsured & Un ert Limits of Liability for Each Loss: $0 Policy Total Limit: $0 Self Insured Retention: None(o) Charges: Policy Premium: $310 CIGA Surcharge! $6 Policy Fee. $35 Total Policy Premium: $351 This is a Direct Bill Policy. CIGA surcharge: Created by the California legislature, the California Insurance Guarantee Association (CIGA) settles unpaid claims when an insurance carrier Is unable to make payments because of insolvency. A two percent surcharge will be applied to all policies with effective dates of January 1, 2003 through December 31, 2003. Administered By: 01 'Persanalumbr011a.eoM YIn5Urance Services,, Inc. California License No.UD06436 P.O.Box 80556,Emeryville CA 9 4 662-0586 Attached to and forming a part of Form: PUP 100 (8/02) Form Number of Endorsements Attached to this PUS 100 (8/02), PUE-100 Policy at Time of Issue: (01/03) PUD J-DO (8102) Umbrella Declaration Order ID: N16690 INVID, 24473 Issue Date:wiz/tow California 09/25/2003 02: 01 7603658211 MOHLER BOB AND JAN PAGE 02 Umbrella Schedule Policy No: PUP16594-00 Effective Date: 8/15/2003 Expiration Date: 8/15/2004 Covered Persons: Robert Mohler Janice Mohler (Wife) Personal Umbrella Personal Property Following are the locations declared in your application Covered under a Personal Liability or Homeowners policy. Personal Residences, Primary Insurance Company R Rentals or Vacant Land Limits of Liability (in thousands) 58747 San Marino Drive Yucca Valley CA- Personal Residence Farmers Insurance Grp$300 Personal Drivers Following are the drivers declared on your application and are the only drivers who live in your household and/or regularly drive your vehicles. Drivers Date of Drivers License # Birth Robert Mohler 10/05/1944 CA- k0098729 Janice Mahler 0 2110/1 94 6 CA- M0484617 Personal Automobiles Following are personal vehicles listed In this policy and covered bider a personal auto policy, Personal Automobiles Primary Insurance7athousands) Limit of Liability (i1998,vw,beattle GMAC $2502002 Dodge Ram PU GMAC 32501995 Harley Davidson flht GMAC $2501997 Honda Valkyrie GmaC $250 Personal Uninsured/Underinsured Motorist Following are policies covering uninsured motorist listed in this policy and covered under a personal auto policy, Primary Insurance Company & Limit of Liability (in thousands) NOT COVERED Recreational Vehicles, ]etSkis & Watercraft Following are recreational vehicles,jet skis and watercraft listed in this policy and covered under a liability policy. Description Primary Insurance Company & Limit of Liability (in thousands) NOT COVERED Losses arising out of a property, auto, recreational vehicle or watercraft that is acquired or leased during the policy period are covered by this policy if they are covered by your primary insurance listed above or another replacement insurance,company A.M. Best rated B+VII or higher. PUS 100 (3/02) Umbrella Schedule Order ID: N16690 INVID; 24473 Issue Date:8/18/2003 FROM : HILL REED INSURANCE AGENCY FAX NO. : 760 776 6153 Sep. 16 2003 11:30AM P1 Commercial Certificate of Insurance FARMERS Agency gill Reed Insurance Agency Name 72880 Pred Waring Drive,Suite D17 Issue Date (MM/DD" 08/15/2003 & Palm Desert,CA 92260 Address 760.776-8131,Fax 760-776.8151 This cutlflate is Issued as a mutter of information only and confers no eights upon the certifate holder.This ariil ate does not amend,extend or&her the St. Dist, Agent coverage afforded by the policies shown below. Companies Ptoviding Coverage: Insured . Robert Mohler tmmw-y A Truck insuauce F=bange Name • 58747 San Marino Drive Ccompuny B Farmers Insurance Exchange a : Yucca Valley,Ca92284 coommpmy C Mid-Century Insurance Company Address mpu y U PersomalUmbrella.Com coverages This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated.Notwithstanding any roqutmntum,renn or condition of my contract a other document with respect to which this certifiate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies.Limits shown may have been reduced by paid claim. „_ pp Pok active iration Luc Type of Insurance Policy Number Date as�mr D t�(tAx1NDK17 Policy Limits General Liability Ctneral AB6tegate a Commercial General Products-Canp/OPS Aggregate 3 Lkbihty persomal& -Occurrenceversion Advertising Injury s Contractual-Incidental Each Occurrence 3 Only Pkc Damage OM one Ore) 3 Owners&Contractor,Prot. Medial Expense (Any one*on) S k Automobile Liability — Done thru Personal Limit bined Single 611 Owned Commercial Dmbrella.Com 09/15/2003 None S 1,000,000.00 Autos nodilyl wy X Scheduled Autos (Perpmo 31,000,000.00 • Hired Autos Rer lye IP - $ 1,000,000.00 X Non-Owned Autos GarageWabWty Property Damage 3 1,000,000.00 Garage Aggregate $ % Umbrella Liability PUP1659400 08/15/2003 None m LImR 3 1,00,00uo workers'Compeasstlon — Statutory t h toryAcci eat 3 and DlWM-fora emvwym $ Employers'Liability Disease-Policy Limit 3 Description of Operation/Vehicim/ltestrictions/Special items: Certificate Holder Cancellation . City of Palm Springs Should my of the above dr-crib,d policies be cancelled berm the expiration date Name . 32,00 E.Tahquitz Canyon Way thrum&the Laumg company will endeavor to mail30 drys written notice to the & . Palm Springs,CA 92262 certificate holder nanijd to the ,but failure to mail such notice shall impose no Address - Attd:Dave Barakim,Fax,322-9360 ob8g&1_435 upon the compmy,tct agents or tapresmtaava Authorized Representative e6-2499 4-94 Copy Distribution:Service Center Copy sad Agent's Copy sear