RPVCCA_CC_SR_2013_06_18_F_Grant_Mgmt_&_Support_Services_Blais_&_AssocCrrYOF
MEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR & CITY COUNCIL MEMBERS
CAROLYNN PETRU, AICP, DEPUTY CITY MANAGER~
JUNE 18, 2013
SUBJECT: ONE-YEAR AGREEMENT WITH BLAIS &
ASSOCIATES, INC. FOR GRANT MANAGEMENT AND
SUPPORT SERVICES
REVIEWED BY: CAROLYN LEHR, CITY MANAGER cf)_ ..
Project Manager: Kit Fox, AICP, Senior Administrative Analyst@
RECOMMENDATION
Authorize the Mayor and City Clerk to sign the agreement with Blais & Associates, Inc.
for a 1-year Professional Services Agreement through FY 2013-14.
BACKGROUND
In 2009, the City Council initially
approved the Professional Services
Agreement (the "Agreement") with Blais &
Associates, Inc. ("B&A") for grant
management and support services. The
table at the right lists the approval and
Agreement Approved
June 30, 2009
AUQUSt 3, 2010
September 6, 2011
June 19, 2013
Expiration Date
June 30, 2010
June 30, 2011
June 30, 2012
June 30, 2013
expiration dates of subsequent agreements with B&A through June 30, 2013. Staff now
desires to enter into an Agreement with B&A through June 30, 2014.
DISCUSSION
Since June 2009, the City has contracted with B&A, a professional grant management
firm, to assist the City with searching for funding opportunities to address the City's
capital needs, and with preparing grant application packages that are targeted and
competitive. B&A has over twenty (20) years' experience in writing successful grant
applications within the context of a targeted and strategic approach. Since 2009:
F-1
MEMORANDUM: Professional Services Agreement for Grant Management
June 18, 2013
Page2
• The City has applied for more than $51,000,000 in grant funding;
• The City has been awarded more than $11,000,000 in grant funding;
• The average monthly cost of B&A's services has been $3,650; and,
• The City's return on investment in B&A's services has been 57:1.
During FY 2012-13, B&A assisted City Staff with a variety of grant-related activities,
including:
• Conducted monthly grant activity conference calls with key City Staff;
• Screened and evaluated dozens of potential grant programs with potential
benefits to a variety of City programs and capital projects;
• Assisted City Staff with the preparation and/or submittal of applications for a
number of grant programs; and,
• Assisted City Staff with successful applications for the Highway Safety
Improvement Program (Palos Verdes Drive East between Bronco Drive and
Headland Drive) and the Proposition 84 Storm Water Grant Program (co-
applicant with City of Torrance for storm drain screens), totaling more than
$500,000 in grant funding.
B&A continues to alert City Staff to the availability of upcoming funding opportunities.
Their services have been a great asset to the City as a whole in fulfilling the City
Council's direction to pursue all grant funding opportunities in a targeted and timely
fashion, accompanied by an outreach of strong, multi-jurisdictional support for projects,
where appropriate. In FY 2013-14,1 Staff anticipates that B&A's experience will be
invaluable as the City pursues the following funding opportunities, including but not
limited to:
• Completing current applications in development for the SCAG Compass
Blueprint Sustainability Program (co-applicant with City of Los Angeles for
Western Avenue Corridor Design Guidelines) and Highway Safety Improvement
Program (Hawthorne Boulevard between Dupre Drive and Vallon Drive), totaling
nearly $1.7 million in potential grant funding;
• Considering another round of Land and Water Conservation Fund Grant funding
for improvements at Lower Point Vicente; and,
• Funding for improvements for solar power and other "green" technology
upgrades for City facilities; open space acquisition and habitat restoration; crime
prevention enhancement; and median and parkway enhancement and
reforestation.
1 In the coming fiscal year, B&A will also be assisting the Public Works Department with
monitoring and reporting for the $9.4 million Proposition 1 E Stormwater Flood Management Grant for the
San Ramon Canyon project, under a separate professional services agreement.
F-2
MEMORANDUM: Professional Services Agreement for Grant Management
June 18, 2013
Page 3
The City Attorney's Office has reviewed the proposed Agreement with B&A. The only
change as compared to last year is that the mileage reimbursement rate has increased
to match the current IRS allowance (i.e., $0.565/mile). Otherwise, the hourly rate and
other terms of the Agreement are the same as last year.
FISCAL IMPACT
The City Council is scheduled to adopt the FY 2013-14 budget later on this evening's
agenda. The proposed FY 2013-14 budget includes an expenditure of $50,000 in the
City Manager's Office for Professional/Technical Services for grant management, the
same funding level as was approved for FY 2012-13.
Attachments:
• Draft Proposed Professional Services Agreement with Blais & Associates, Inc.
• Blais & Associates Summary of FY 2012-13
M:\Grant Administration\Consultants\Blais & Associates\20130618_ ContractExtension_StaffRpt.docx
F-3
GRANT-WRITING SERVICE AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 181h day of June
2013 by and between the City of Rancho Palos Verdes (hereinafter referred to as the
"CITY") and Blais & Associates, Inc., a Texas corporation (hereafter referred to as
"CONSUL TANT").
WHEREAS, the CITY is in need of grant-writing serv·
identification of funding opportunities, on-going grant research,
submission of grant proposals.
IN CONSIDERATION of the covenants hereinafte
mutually agree as follows:
1.1 Description of Services
CONSUL TANT shall perf
support for the CITY's Grant Progra
(the "Project"). These duties would ·
(a) Research and
competitive and meet the g
(b)
ensure that the Cl
the CITY;
chnical and administrative
anager or her designee
which the CITY might be
Y· '
eral Economic Stimulus program and
obligations, and assist as authorized by
cations as approved and directed by the CITY
objectives;
a
1.2
e CITY's federal advocate to ensure that the CITY is
rmarks and appropriations; and
ate records that will track and document funding sources, types
nt of funding as it relates to the Grant Program.
m of Agreement and Schedule of Work
CONSUL TANT will commence the work under this Agreement no later
than July 1, 2013 and will provide services under this Agreement for a period ending on
June 30, 2014, unless notice of termination is given in accordance with Article 4 of this
Agreement. CONSUL TANT shall perform with due diligence the services requested by
the CITY. Time is of the essence in this Agreement. CONSULTANT shall not be
responsible for delay, nor shall CONSUL TANT be responsible for damages or be in
Page 1 of 11
F-4
default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of
God, or the failure of CITY to furnish timely information or to approve or disapprove
CONSUL TANT's work promptly, or delay or faulty performance by CITY, other
consultants/contractors, or governmental agencies, or any other delays beyond
CONSUL TANT's control or without CONSUL TANT's fault.
ARTICLE 2: COMPENSATION
2.1 Fee
For the proper performance of CONSULTANT'
CITY agrees to compensate CONSULT ANT in accordan
Costs, attached hereto as Exhibit "A" and incorporate
nder Article 1,
of Fees and
nd in any
, ). The case an amount not to exceed fifty thousand dollar
rates in Exhibit "A" shall be in effect through the e
2.2 Payment Address
2.3
CON
completed in th
invoice amounts
its best efforts to n
completi
CITY'
a
Blais & Associ
4017 Moonlight
Little Elm, TX 7
ly invoices for the percentage of work
es to authorize payment for all undisputed
receipt of each invoice. CITY agrees to use
of any disputed invoice amounts or claimed
n (10) days of the receipt of each invoice. However,
ON SULT ANT of a disputed amount or claimed
be deemed a waiver of CITY's right to challenge such
y, in the event CITY fails to pay any undisputed amounts due
forty-five (45) days after invoices are received by CITY then CITY
L TANT shall have the right to consider said default a total breach of
this Agreeme nd be terminated by CONSULTANT without liability to CONSULTANT
upon ten (10) working days advance written notice.
2.4 Taxes
The CITY shall not make income tax or social security or other tax
withholding from CONSULTANT's invoice, except as required by law. CONSULTANT is
responsible for all taxes, but the CITY will provide any form required by the United
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F-5
States Internal Revenue Code. CONSULTANT must provide the CITY with
CONSUL TANT's Federal Tax Identification Number or non-United States equivalent.
ARTICLE 3: INDEMNIFICATION AND INSURANCE
3.1 Indemnification
To the maximum extent permitted by law, CONSUL
indemnify, and hold the CITY, its officials, officers, employees, a
contractors serving in the role of CITY officials, and
"lndemnitees") free and harmless from any and all claims,
costs, expenses, liabilities, losses, damages or injuries, i
persons, including wrongful death (collectively "Claims"
incident to any acts or omissions of CONSUL TANT
agents in connection with the performance o
limitation' the payment of all consequential da
costs and expenses, except for such Claims
misconduct of the lndemnitees. With res
CONSULTANT shall defend lndemnite sat CON
risk and shall pay and satisfy any j
against lndemnitees. CONSUL TA
expenses and costs incurred by eac
indemnity herein provided. CON
restricted to insurance proc
duties of CONSUL TANT:
3.2
shall defend,
independent
rs (collectively
uses of action,
property or
out of or
yees or
without
es during the term of the Agreement carry,
ect, a policy or policies of Commercial General
limits of one million dollars ($1,000,000) for each
s ($2,000,000) general aggregate for bodily injury,
for products or completed operations and any and all
en by CONSUL TANT in the performance of this Agreement.
all be issued by an insurer admitted to do business in the State
A.M. Best's Insurance Guide with a rating of A:VII or better.
CONSUL TANT shall at all times during the term of this Agreement, carry,
maintain, and keep in full force and effect a policy or policies of professional liability
insurance with a minimum limit of one million dollars ($1,000,000) per claim and
aggregate for errors and/or omissions of CONSUL TANT in the performance of this
Agreement. Said policy or policies shall be issued by an insurer admitted to do business
in the State of California and rated in Best's Insurance Guide with a rating of A:VII or
better. If a "claims made" policy is provided, such policy shall be maintained in effect
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F-6
from the date of performance of work or services on the CITY's behalf until three (3)
years after the date of work or services are accepted as completed. Coverage for the
post-completion period may be provided by renewal or replacement of the policy for
each of the three (3) years or by a three-year extended reporting period endorsement,
which reinstates all limits for the extended reporting period. If any such policy and/or
policies have a retroactive date, that date shall be no later than the date of first
performance of work or services on behalf of the CITY. Renewa or replacement
policies shall not allow for any advancement of such retroactive date
3.4 Automobile Liability
CONSUL TANT shall at all times during the t
maintain, and keep in full force and effect, a policy o
Insurance, with minimum of one million dollars ($1,
and two .million dollars ($2,000,000) in the aggre
person and five hundred thousand dollars ($50
one incident.
3.5 Worker's Compensation
CONSUL TANT agre
performance of work under this
required by the law. CONSUL TANT
such compensation insuran for their
t all times during the
mpensation insurance as
contractor similarly to provide
yees.
3.6
all provide that the insurance coverage
nsurance carrier without thirty (30) days prior
(10) notice if cancellation is due to nonpayment of
ANT shall provide immediate notice to the City if it
vision notice from the insurer.
SUL TANT agrees that it will not cancel or reduce any required
ON SULT ANT agrees that if it does not keep the aforesaid
d effect, CITY may either immediately terminate this Agreement
ailable at a reasonable cost, CITY may take out the necessary
, at CONSULTANT's expense, the premium thereon.
3.7 Entire Policy and Certificate of Insurance
At all times during the term of this Agreement, CONSUL TANT shall
maintain on file with the CITY Clerk both a copy of the entire policy and a certificate of
insurance showing that the aforesaid policies are in effect in the required amounts. The
commercial general liability policy shall contain endorsements naming the CITY, its
officers, agents and employees as additional insureds.
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3.8 Primary Coverage
The· insurance provided by CONSUL TANT shall be primary to any
coverage available to CITY. The insurance policies (other than workers compensation
and professional liability) shall include provisions for waiver of subrogation.
ARTICLE 4: TERMINATION
4.1 Termination of Agreement
(a) Either party may terminate this Agree
without cause, upon thirty (30) days prior written notice.
if completed in compliance with Section 6.14.
. (b) In the event of termination
CONSUL TANT or CITY, due to no fault or fa·
CONSULT ANT shall be paid compens
CONSUL TANT, in an amount to be determined
in accordance with all of the terms and
the CITY, CONSUL TANT shall be p .
performed prior to the effective da
the work items; provided, in no
foregoing provisions of this paragrap
to CONSUL TANT for the ful erforma
ment by
nee by CO SUL TANT,
ervices performed by
r work satisfactorily done
eement as determined by
percentage of services
tion in accordance with
of money paid under the
which would have been paid
s described in this Agreement.
OF DOCUMENTS
5.1
hire,
their
shall be
use, duplic
attempt to obt
, s, specifications, reports, information, data,
video files and media created or developed by
reement ("Written Products") shall be and remain the
restriction or limitation upon its use, duplication or
Y. All Written Products shall be considered "works made for
ducts and any and all intellectual property rights arising from
, but not limited to, all copyrights and other proprietary rights,
e property of the CITY without restriction or limitation upon their
dissemination by the CITY. CONSUL TANT shall not obtain or
copyright protection as to any Written Products.
CONSULTANT hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
CONSULTANT warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
Page 5of11
F-8
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected
officials, officers, employees, servants, attorneys, designated volunteers, and agents
serving as independent contractors in the role of CITY officials, harmless from any loss,
· claim or liability in any way related to a claim that CITY's use of any of the Written
Products is violating federal, state or local laws, or any contractua isions, or any
laws relating to trade names, licenses, franchises, copyrights, pat ther means of
protecting intellectual property rights and/or interests in or inventions.
CONSUL TANT shall bear all costs arising from the use of yrighted, trade
secret or trademarked documents, materials, equipme rocesses in
connection with its provision of the services and Writt under this
Agreement. In the event the use of any of the Wri erables
hereund~r by the CITY is held to constitute an i ny of the
same is enjoined, CONSUL TANT, at its expen ure for CIT the right to
continue using the Written Products and o by suspension of any
injunction, or by procuring a license or license , or (b) modify the Written
Products and other deliverables so tha they bee ringing while remaining in
compliance with the requirements of enant shall survive the
termination of this Agreement.
Upon termination, ab
CONSUL TANT shall deliver to the
related to the Project wi
prepares a documen
document both in
CITY.
ension of the Project, the
roducts and other deliverables
xpense to the CITY. If CONSULTANT
ULTANT shall provide CITY with said
ctronic format that is acceptable to the
epresentative shall be the City Manager or his or her designee,
II notify CITY of CONSULTANT's designated representative.
be the primary contact persons for the parties regarding
reement.
6.2
In the performance of this Agreement, CONSULT ANT shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities
Act of 1990 (42 U.S.C. § 11200, et seq.).
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6.3 Personnel
CONSUL TANT represents that it has, or shall secure at its own expense,
all personnel required to perform CONSUL TANT's services under this Agreement. Any
person who performs engineering services pursuant to this Agreement shall be licensed
as a Civil Engineer by the State of California and in good standing. CONSUL TANT
shall make reasonable efforts to maintain the continuity of CONSUL ANT's staff who
are assigned to perform the services hereunder and shall obtain proval of the
Director of Public Works of all proposed staff members who will uch services.
CONSUL TANT may associate with or employ associates sultants in the
performance of its services under this Agreement, but at all CONSUL TANT
be responsible for its associates or subconsultants' servic
6.4 CONSUL TANT's Representations
CONSUL TANT represents, cove
is licensed, qualified, and capable of furnis
necessary to perform the services in accordance
in this Agreement; b) there are no oblig tions, com
that will limit or prevent CONSULT erform
the extent required by the standa 0
considered the scope of services p
should be performed, and under
attending performance of th
6.5
that: a) C
materials, and expertise
s and conditions set forth
r impediments of any kind
r this Agreement; c) to
T has investigated and
nsidered how the services
, difficulties and restrictions
ent.
ccept any employment or representation
n twelve (12) months after completion of the
1c r may likely make CONSULTANT "financially
nia Government Code Sections 1090 and 87100) in
ny matter in connection with which CONSUL TANT
is Agreement.
ould either party to this Agreement bring legal action against the
nterpretation, and performance of this Agreement shall be controlled
by and constr under the laws of the State of California, excluding California's choice
of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b) If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default or misrepresentation in connection with this Agreement,
Page 7of11
F-10
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action about a project between CITY and a party
other than CONSUL TANT require the testimony of CONSUL TANT when there is no
allegation that CONSUL TANT was negligent, CITY shall compensate CONSUL TANT
for its testimony and preparation to testify at the hourly rates in effect a the time of such
testimony.
6. 7 Assignment
CONSULTANT shall not assign this Agreem
the prior written consent of the CITY. Any such purp
consent shall be null and void, and CONSUL TAN
indemnify. the CITY and its officers, officials, e
with respect to any claim, demand or action aris'
Notwithstanding the above, CO
persons and entities not in CONSUL TANT's direc
ay use the services of
hen it is appropriate and
CONSUL TANT's use of
T notifies the CITY in
customary to do so. The CITY shat
subcontractors for additional
advance.
6.8
independent contr
the conduct of
herein set forth,
activities which it i
a
its
CITY.
CON SU
times remain, as to the CITY, a wholly
ny of its agents shall have control over
e CONSUL TANT's employees, except as
ee to dispose of all portions of its time and
ote to the CITY in such a manner and to such
as the CONSUL TANT wishes except as expressly
SUL TANT shall have no power to incur any debt,
f the CITY or otherwise act on behalf of the CITY as an
all not, at any time or in any manner, represent that it or any of
ployees, are in any manner agents, servants or employees of
agrees to pay all required taxes on amounts paid to
this Agreement, and to indemnify and hold the CITY harmless
es, assessments, penalties, and interest asserted against the CITY
e independent contractor relationship created by this Agreement.
CONSUL TANT shall fully comply with the workers' compensation law regarding
CONSULTANT and its employees. CONSULTANT further agrees to indemnify and
hold the CITY harmless from any failure of CONSUL TANT to comply with applicable
workers' compensation laws. The CITY shall have the right to offset against the amount
of any fees due to CONSULTANT under this Agreement any amount due to the CITY
from CONSUL TANT as a result of its failure to promptly pay to the CITY any
reimbursement or indemnification arising under this Article.
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CITY has no obligation to provide CONSUL TANT with any fringe benefits,
including, but not limited to, accident, health, life or disability insurance, paid vacation,
or sick leave. CONSUL TANT acknowledges that its employees are not eligible to
participate in the pension, 401 (k) plan, or incentive compensation plan of the CITY or
any of its affiliates.
6.9 Titles
The titles used in this Agreement are for general r only and are
not part of the Agreement.
6.10 Entire Agreement
This Agreement, including Exhibit "A", r
agreement between CITY and CONSUL TANT a
representations or agreements, either written o
egrated
otiations,
ement may e modified
by subsequent written or amended, or provisions or breach may
agreement signed by both parties.
6.11 Construction
6.12
, or dispute regarding the
this Agreement shall not be
rpretation against the party who
rty who drafted the Agreement or who
ny one or more of the conditions of performance
a waiver of any other condition of performance under
all the making by the CITY of any payment to
construed as a waiver by the CITY of any breach of
which may then exist on the part of CONSULTANT, and the
ent by the CITY shall in no way impair or prejudice any right or
ITY with regard to such breach or default.
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
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6.14 Notice
Except as otherwise required by law, any notice or other communication
authorized or required by this Agreement shall be in writing and shall be deemed
received on (a) the day of delivery if delivered by hand or overnight courier service
during CITY's regular business hours or (b) on the third business day following deposit
in the United States mail, postage prepaid, to the addresses listed elow, or at such
other address as one party may notify the other:
6.15
To CITY:
Carolyn Lehr, City Manager
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90
To CONSULTANT:
Neil C. Blais, President & CE
Blais & Associate
4017 Moonligh
Little Elm, TX
Mr. Ne'
both the Preside
ares under penalty of perjury that he is
ANT, and therefore, he has the authority
NSULTANT and to bind CONSULTANT to to execute this
the performance
[Continued on next page]
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F-13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
CONSUL TANT:
Blais & Associates, Inc.
ATTEST:
City Clerk
Page 11 of 11
F-14
EXHIBIT "A":
SCHEDULE OF FEES AND COSTS
CITY agrees to compensate CONSULTANT at the rate of ninety-seven dollars ($97.00)
per hour. In addition, CITY agrees to payment of the following "Direct Costs":
(i) All out-of-pocket expenses such as copies and repro
facsimiles, courier service, express mail, and postage ar
(ii) Mileage will be billed at the current allowable federal r
CONSUL TANT will invoice CITY for the grant researc
proposals, and direct costs on a monthly basis. Table
schedule of fees and costs.
Cost
N/A
Cost
Cost
· s, telephone,
cost; and
F-15
Blais&Associates
professional grant management
Rancho Palos Verdes Grant Activity Summary
May 2012 -May 2013
Total grants developed/applied for:
Total grants in development:
Total grants awarded:
.h Competitive Grants Awarded
(1 year)
$13,521,600
$ 1,700,000
$ 521,600
Average Cost Per Month:
Return on Investment:
Life of Contract ROI:
1.1 Highway Safety Improvement Program (HSIP) PVDE: Bronco to Headland Improvements
Co-Applicant w/Torrance for Screens 1.2 Prop 84: Storm Water Grant Program
Total Competitive Funding Awarded
b Grants in Development (to be submitted)
2.1 SCAG Compass Blueprint Sustainability Program (submitting 5/31/13)
2.2 Highway Safety Improvement Program (HSIP) (submitting 7/26/13)
Total Grant Proposals in Development
~ Grants Denied
3.1 TIGER IV
3.2 Hazard Mitigation Grant Program (NOi)
Total Grant Proposals Denied
!, Other Activities
San Ramon Canyon Project
San Ramon Canyon Project
$1,740
25:1
57:1
$487,600
$34,000
$521,600
S$200,000
S$1,500,000
$1,700,000
$10,000,000
$3,000,000
$13,000,000
4.1 Develop monthly Grant Activity Reports and 4.4
conduct monthly grant conference calls to
ensure executive management and
designated staff are current on all open grant
solicitations.
Prepare reports as requested (PVDE and PVDS
Roadway Stabilization Project; San Ramon Canyon
Stabilization and Restoration Project; WRDA
application, etc.).
4.2 Track federal and state funding 4.5
announcements weekly and develop Fact
Sheets for staff's consideration.
4.3 Assist with managing the Prop. lE
Stormwater Flood Mgmt. Grant ($9.5 million
grant award)
Prepare Annual Grant Reports and make
presentations to City Council, as requested.
7545 Irvine Center Drive• Irvine Business Center, Suite 200 •Irvine, CA 92618
Phone (949) 589-6338 • www.blaisassoc.com F-16