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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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EXHIBIT "C"
SPECIAL CONDITIONS
Section 4.1, 'Insurance" is modified to eliminate items (a) and (b).
Section 4.3, 'Performance Bond" is hereby deleted.
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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