RPVCCA_CC_SR_2012_06_19_D_B&A_Contract_Grant_MgmtCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR &CITY COUNCIL MEMBERS
CAROLYNN PETRU,AICP,DEPUTY CITY MANAGE~
JUNE 19,2012
ONE-YEAR AGREEMENT WITH BLAIS &ASSOCIATES,
INC.FOR GRANT MANAGEMENT AND SUPPORT
SERVICES (Supports 2012 City Council Goal "San
Ramon Canyon Project")
REVIEWED BY:CAROLYN LEHR,CITY MANAGER C~
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 2012-13.
BACKGROUND
On June 30,2009,the City Council initially approved the Professional Services Agreement
(the "Agreement")with Blais &Associates,Inc.("B&A")for grant management and support
services through June 30,2010.A second Agreement with B&A was approved by the City
Council on August 3,2010,extending its term through June 30,2011.A third Agreement
with B&A was approved by the City Council on September 6,2011,extending its term
through June 30,2012.Staff now desires to again enter into an Agreement with B&A
through June 30,2013.
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
D-1
MEMORANDUM:Professional Services Agreement for Grant Management
June 19,2012
Page 2
the context of a targeted and strategic approach.During FY 2011-12,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,including the $10 million application for the San Ramon Canyon
Project from the Federal TIGER IV Grant Program;and,
•Assisted City Staff with successful applications for the Stormwater Flood
Management (Proposition 1E)Grant (San Ramon Canyon Project),Land and Water
Conservation Fund Grant (Abalone Cove Shoreline Park),SCAG Compass Blueprint
Grant (Western Avenue)and the Hazard Mitigation Grant Program (2004 Hazard
Mitigation Plan Update),totaling nearly $10 million in grantfunding.
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 2012-13,Staff anticipates that B&A's experience will be invaluable as
the City pursues the following funding opportunities,including but not limited to:
•Additional Federal,State and local funding for the San Ramon Canyon Project;
•Another round of Land and Water Conservation Fund Grant funding for
improvements at Lower Point Vicente;and,
•Funding for improvements for Palos Verdes Drive East in the vicinity of Miraleste
Intermediate School.
FISCAL IMPACT
The City Council has approved an expenditure of $50,000 in the FY 2012-13 City
Manager's bUdget for ProfessionallTechnical Services for grant management,the same
funding level as was approved for FY 2011-12.B&A has proposed a 2-percent increase in
its hourly rate from $95.00/hour to $97.00/hour.However,given that actual B&A invoices
for FY 2011-12 are only expected to total about $30,200,Staff anticipates that the
increased hourly rate can be accommodated within the approved FY 2012-13 allocations.
Attachments:
•Proposed Professional Services Agreement with Blais &Associates,Inc.
•Blais &Associates Summary of FY 2011-12
•Blais &Associates Standard Rate Sheet
M:\Grant Administration\Consultants\Blais &Associates\20120619_ContractExtension_StaffRpt.doc
D-2
GRANT-WRITING SERVICE AGREEMENT
This Agreement is made and entered into this 19 th day of June 2012 by and
between the City of Rancho Palos Verdes (hereinafter referred to as the "CITY")and
Blais &Associates,Inc.,a California corporation (hereafter referred to as
"CONSULTANT").
the CITY might be
technical and administrative
Manager or her designee.
eral Economic Stimulus program and
,obligations,and assist as authorized by
t applications as approved and directed by the CITY
objectives;
ith t e CITY's federal advocate to ensure that the CITY is
arks and appropriations;and
te records that will track and document funding sources,types
nt of funding as it relates to the Grant Program.
1.1 Description of Services
(a)Research
competitive and meet the
(b)
ensure that the CI
the CITY;
WHEREAS,the CITY is in need of grant-writing services including the
identification of funding opportunities,on-going grant research,development and
submission of grant proposals.
IN CONSIDERATION of the covenants hereinafte
mutually agree as follows:
1.2 Term of Agreement and Schedule of Work
CONSULTANT will commence the work under this Agreement no later
than July 1,2012 and will provide services under this Agreement for a period ending on
June 30,2013,unless notice of termination is given in accordance with Article 4 of this
Agreement.CONSULTANT shall perform with due diligence the services requested by
the CITY and agreed upon by CONSULTANT.Time is of the essence in this
Agreement.
Page 1 of 9
D-3
ARTICLE 2:COMPENSATION
2.1 Fee
For the proper performance of CONSULTANT's services under Article 1,
CITY agrees to compensate CONSULTANT within thirty (30)days of receipt of an
invoice from CONSULTANT for all undisputed invoice amounts in accordance with
Schedule of Fees and Costs,attached hereto as Exhibit "A"and incorporated herein by
reference.However,the total amount of compensation that',wed by CITY to
CONSULTANT during the one year term of this Agreement s t exceed $50,000,
unless approved in advance by the City Council.CITYagr e its best efforts to
notify CONSULTANT of any disputed invoice amo imed completion
percentages within ten (10)days of the receipt of each'r,CITY's failure
to timely notify CONSULTANT of a disputed amoun percentage
shall not-be deemed a waiver of CITY's right to ch entage.
e tax or social security or other tax
cept as required by law.CONSULTANT is
ill provide any form required by the United
e.CONSULTANT must provide the CITY with
tification Number or non-United States equivalent.
3:INDEMNIFICATION AND INSURANCE
Blais &Associat
7545 Irvine Cent
Irvine,CA 92618
2.2 Payment Address
All payments due to CONSULTANT s
2.3 Taxes
TANT will defend,indemnify and hold harmless CITY and its
ployees,agents and volunteers free and harmless from all tort
liability,including liability for claims,suits,actions,expenses or costs of any kind,
whether actual,alleged or threatened,actual attorneys'fees,experts'fees,or court
costs incurred by the CITY,arising out of or in any way connected with,in whole or in
part,the acts or omissions or willful misconduct of CONSULTANT or any of
CONSULTANT's officers,agents,employees or contractors in the performance of this
Agreement.This includes but is not limited to claims,suits and liabilities for bodily injury,
death or property damage to any individual or entity,including officers,agents,
employees or contractors of the CONSULTANT.The provisions of this paragraph shall
The
withholding from C
responsible for all t
States Int
CONSU
Page 2 of9
D-4
not apply to claims to the extent arising out of the sole negligence or willful misconduct
of the CITY and its officials,officers,employees,agents and volunteers.
during the
ranee as
y to provide
NT at all times during the term of this Agreement obtain,
force and effect,a policy or policies of Automobile Liability
renee and limit of at least one million dollars ($1,000,000).
3.2 Worker's Compensation
of the Agreement carry,
es of Commercial General
automobiles with limits pf at
Ing e Imit per occurrence for products
activities undertaken by CONSULTANT
olicy or policies shall be issued by an
of California and rated in A.M.Best's
3.3 General Liability
CONSULTANT agrees to maintain
performance of work under this Agreement
required by the law.CONSULTANT shall requ'
such compensation insurance for their respect
In addition to the foregoing,CONSULTANT shall indemnify,defend and
hold free and harmless the CITY and the CITY's officials,officers,employees,agents
and volunteers from and against any and all losses,liabilities,damages,costs and
expenses,including reasonable attorneys'fees,experts'fees,and costs to the extent
the same are caused by negligence or willful misconduct of the CONSULTANT,or any
of the CONSULTANT's officials,officers,agents,employees olunteers,in the
performance of professional services pursuant to this Agreeme
Prio 0 beginning work under this Agreement,CONSULTANT will provide
CITY with a Certificate of Insurance as evidence that the aforementioned coverages are
in place.Failure of the CITY to request or receive a Certificate of Insurance shall not
operate as a waiver of CONSULTANT's obligations hereunder.The CITY,its officers,
agents and employees will be named as an additional insureds with respect to this
coverage.
Page 3 of9
D-5
3.6 Notice of Cancellation
(a)All insurance policies shall provide that the insurance coverage
shall not be cancelled by the insurance carrier without thirty (30)days prior written
notice to the CITY.CONSULTANT agrees that it will not cancel or reduce said
insurance coverage.
ARTICLE 5:OWNERSHIP OF DOCUMENTS
SULTANT
hall include
keep the aforesaid
te this Agreement
out the necessary
n.
eement at any time,with or
Notice shall be deemed served
or cancellation of this Agreement by
7 ailure of performance by CONSULTANT,
nsation for all services performed by
be determined as follows:for work satisfactorily done
s and provisions of this Agreement,CONSULTANT
the percentage of services performed prior to the
n or cancellation in accordance with the work items;provided,
unt of money paid under the foregoing provisions of this
ount which would have been paid to CONSULTANT for the
ervices described in Article 2.1.
4.1
3.7 Primary Coverage
The commercial general liability in
shall be primary to any coverage available to CI
provisions for waiver of subrogation.
(b )CONSULTANT agrees that if it does not
insurance in full force and effect,CITY may either immediately ter
or,if insurance is available at a reasonable cost,CITY ma~
insurance and pay,at CONSULTANT's expense,the premiu
(b)
CONSULTANT or
CONSULTANT
CONSULT
in accor
shall
effec
in no
paragrap
full performa
5.1 Ownership of Documents and Work Product
All final documents,plans,specifications,reports,photographs,images,
video files and media created or developed by CONSULTANT pursuant to this
Agreement ("Written Products")shall be and remain the property of the CITY without
restriction or limitation upon its use,duplication or dissemination by the CITY.All Written
Products shall be considered "works made for hire,"and all Written Products and any
Page 4 of9
D-6
and all intellectual property rights arising from their creation,including,but not limited to,
all copyrights and other proprietary rights,shall be and remain the property of the CITY
without restriction or limitation upon their use,duplication or dissemination by the CITY.
CONSULTANT shall not obtain or attempt to obtain 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 ured all necessary
licenses,consents or approvals to use any instrumental"component as to
which any intellectual property right exists,including c r re,used in the
rendering of the services and the production of all W .,roducts ed under this
Agreement,and that the CITY has full legal title to e right to rep the Written
Products.CONSULTANT shall defend,indem d h the CITY,its elected
officials,officers,employees,servants,attor volunteers,and agents
serving as independent contractors in the role 0 Is,harmless from any loss,
claim or liability in any way related to a claim th 's use of any of the Written
Products is violating federal,state 0 laws,or tractual provisions,or any
laws relating to trade names,licens cop atents or other means of
protecting intellectual property rig·products or inventions.
CONSULTANT shall bear all costs ari patented,copyrighted,trade
secret or trademarked do nts,u ent,devices or processes in
connection with its provi serv d Written Products produced under this
Agreement In the e f any Written Products or other deliverables
hereunder by the onstitu infringement and the use of any of the
same is enjoined,nse,shall:(a)secure for CITY the right to
continue using the other deliverables by suspension of any
injunction,nse or licenses for CITY;or (b)modify the Written
Products 0 that they become non-infringing while remaining in
compl"of this Agreement.This covenant shall survive the
termi
ation,abandonment or suspension of the work under this
TANT shall deliver to the CITY all Written Products and other
this Agreement.If CONSULTANT prepares a final document on
a computer,CO LTANT shall provide CITY with said document both in a printed
format and in an acceptable electronic format.
ARTICLE 6:GENERAL PROVISIONS
6.1 Personnel
CONSULTANT represents that it has,or shall secure at its own expense,
all personnel required to perform CONSULTANT's services under this Agreement.
Page 5 of9
D-7
CONSULTANT shall make reasonable efforts to maintain the continuity of
CONSULTANT's staff who are assigned to perform the services hereunder.
CONSULTANT may associate with or employ associates or subcontractors in the
performance of its services under this Agreement,but at all times shall be responsible
for their services.
6.2 Conflicts of Interest
or representation
completion of the
LTANT "financially
90 and 87100)in
CONSULTANT
rmance of this Agreement
he State of California.Any
ment will be submitted to
'ance with the rules of the
n is brought for the enforcement
lIeged dispute,breach,default or
reement,the prevailing party shall be
xperts'fees,and other costs,in addition
ntitled.
legal action about a project between CITY and a party
the testimony of CONSULTANT when there is no
A s negligent,CITY shall compensate CONSULTANT
ration to testify at the hourly rates in effect at the time of such
other th
alleg .
for it
testimo
CONSULTANT agrees not to accept any employ
during the term of this Agreement or within twelve (12)month
work under this Agreement which is or may likely make
interested"(as provided in California Government Code
any decisions made by CITY on any matter in conne
has been retained pursuant to this Agreement.
(b)If any
of this Agreement
misrepresentation in
entitled to recover
to any other relief t
6.3 Legal Action
(a)The validity,interpretation,
shall be controlled by and construed under the
controversy or claim arising out of . g to thi
binding arbitration in Los Angeles C ia i
American Arbitration Association.
CO ULTANT shall not assign this Agreement or any part thereof without
the prior written consent of the CITY.Any such purported assignment without written
consent shall be null and void,and CONSULTANT shall hold harmless,defend and
indemnify the CITY and its officers,officials,employees,agents and representatives
with respect to any claim,demand or action arising from any unauthorized assignment.
Notwithstanding the above,CONSULTANT may use the services of
persons and entities not in CONSULTANT's direct employ,when it is appropriate and
customary to do so.The CITY shall not unreasonably restrict CONSULTANT's use of
Page 6 of9
D-8
subcontractors for additional services provided CONSULTANT notifies the CITY in
advance.
6.5 Independent Contractor
e CONSULTANT with any fringe benefits,
,th,life or disability insurance,paid vacation,
cknowledges that its employees are not eligible to
plan,or incentive compensation plan of the CITY or
sed in this Agreement are for general reference only and are
ent.
CITY
including,but not Ii
or sick Ie
participa
anyo .
CONSULTANT is and shall at all times remain,as to the CITY,a wholly
independent contractor.Neither the CITY nor any of its agents shall have control over
the conduct of CONSULTANT or any of the CONSULTANT's employees,except as
herein set forth,and CONSULTANT is free to dispose of all p s of its time and
activities which it is not obligated to devote to the CITY in su anner and to such
persons,firms,or corporations at the CONSULTANT w'cept as expressly
provided in this Agreement.CONSULTANT shall have 0 incur any debt,
obligation,or liability on behalf of the CITY or otherwis the CITY as an
agent.CONSULTANT shall not,at any time or in an at it or any of
its agents,servants or employees,are in any rna ployees of
CITY.CONSULTANT agrees to pay all on am s paid to
CONSULTANT under this Agreement,and t hold the CITY harmless
from any and all taxes,assessments,penalties,t asserted against the CITY
by reason of the independent contractor relati eated by this Agreement.
CONSULTANT shall fully comply e worke pensation law regarding
CONSULTANT and its employees.NT grees to indemnify and
hold the CITY harmless from any fa to comply with applicable
workers'compensation laws.The CI t to offset against the amount
of any fees due to CONS T und eem nt any amount due to the CITY
from CONSULTANT a of it re to promptly pay to the CITY any
reimbursement or ind ising this Article.
6.7 Entire Agreement
This Agreement,including Exhibit "A",represents the entire and integrated
agreement between CITY and CONSULTANT and supersedes all prior negotiations,
representations or agreements,either written or oral.This Agreement may be modified
or amended,or provisions or breach may be waived,only by subsequent written
agreement signed by both parties.
Page 7 of9
D-9
6.8 Construction
In the event of any asserted ambiguity in,or dispute regarding the
interpretation of any matter herein,the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
ns of performance
erformance under
y payment to
y breach of
T,and the
any right or
fj to be invalid,illegal,or
,the remaining provisions
y law,any notice,request,direction,
communication required or permitted to be
ss it is given in writing and shall be delivered
ail,postage prepaid,and addressed to the parties at
t such other address as either party may hereafter
entioned:
6.11 Notice
6.10 Severability
Iyn Lehr,City Manager
ty of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes,CA 90275
Exce
demand,consent,
given hereunder sha
(a)in pers
the add
notify
6.9 Non-Waiver of Terms,Rights and Remedies
If any term or portion
otherwise unenforceable by a court
of this Agreement shall continue in full
Waiver by either party of anyone or more of th
under this Agreement shall not be a waiver of any other c
this Agreement.In no event shall the making by t
CONSULTANT constitute or be construed as a wa'y the CI
covenant;or any default which may then exist 0 art of CONS
making of any such payment by the CITY shall i ay i ir or preju
remedy available to the CITY with regard to su ault.
To CONSULTANT:
Neil C.Blais,President &CEO
Blais &Associates,Inc.
7545 Irvine Center Dr.,Ste.200
Irvine,CA 92618
Page 8 of9
D-10
A party may change its address by giving written notice to the other party.
Thereafter,any notice or other communication shall be addressed and transmitted to
the new address.If sent by mail,any notice,tender,demand,delivery or other
communication shall be deemed effective three (3)business days after it has been
deposited in the United States mail.For purposes of communicating these time frames,
weekends and federal,state,religious,County of Los Angeles or CITY holidays shall be
excluded.No communication via facsimile or electronic mail shall be effective to give
any such notice or other communication hereunder.
lais,President &CEO
Anthony M.Misetich,Mayor
he City of Rancho Palos Verdes,
Municipal Corporation
BY:-~~-~----~-----
Dated:~
IN WITNESS WHEREOF,the parties hereto have execu
date and year first above written.
ATT
City Clerk
Dated:_
Page 9 of 9
D-11
EXHIBIT "A":
SCHEDULE OF FEES AND COSTS
r completed grant
LTANT's current
Cost
Cost
N/A
Cost
Cost
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 reprographics,telephone,
facsimiles,courier service,express mail,and postage are billed at cost;and
(ii)Mileage will be billed at the current allowable federal rate
CONSULTANT will invoice CITY for the grant research
proposals,and direct costs on a monthly basis.Table 1
schedule of fees and costs.
D-12
Blais&Associates
professional grant management
Rancho Palos Verdes Grant Activity Summary
July 2011-,June 2012
(12 months)
•Total grants developed/applied for:
•Total grants pending:
•Total grants awarded:
$23,557,529
$10,000,000
$9,899,558
1.Competitive Grants Awarded between July 2011-June 2012
1.1 Prop lE:Stormwater Flood Mgmt.Grant San Ramon Canyon Project
1.2 lLand and Water Conservation Grant Program Amenities at Abalone Cove Shoreline
1.3 SCAG Compass Blueprint Demonstration Develop Western Avenue Plan
1.4 Hazard Mitigation Grant Program 2004 Hazard Mitigation Plan Update
Total Competitive Funding Awarded
1 B&A developed original application;City modified for additional funding opportunity.
2.Grants Pending (submitted between July 2011-June 2012 and waiting for funding decision)
2.1 TIGER IV San Ramon Canyon Project
Total Grant Proposals Pending
$9,464,728
$310,830
$100,000
$24,000
$9,899,558
$10,000,000
$10,000,000
~
3.1
3.2
3.3
3.4
Grants Denied between July 2011-June 2012
Federal Safe Routes to School
Baseball for Tomorrow Grant
2Community-Based Transportation Planning
Hazard Mitigation Grant Program (NOI)
Total Grant Proposals Denied
2City staff wrote application.B&A provided editing services.
Miraleste Intermediate School
Hess Park Upgrades
Trails Master Plan
San Ramon Canyon Project
$561,099
$50,000
$46,872
$3,000,000
$3,657,971
4.Other Activities
4.1
4.2
Develop monthly Grant Activity Reports and 4.3
conduct monthly grant conference calls to
ensure executive management and
designated staff are current on all open grant
solicitations.
Weekly track federal and state funding 4.4
announcements and develop Fact Sheets for
staffs consideration.
4.5
Prepare reports as requested (PVDE and PVDS
Roadway Stabilization Project;San Ramon Canyon
Stabilization and Restoration Project;WRDA
application,etc.).
Assist Federal advocate with Reauthorization of
SAFETEA-LU and completing annual appropriations
forms.
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.b1aisassoc.com D-13
Blais &Associates,Inc.Standard Rate Sheet -FY 2012-2013 Version E
The table below reflects B&A's current rates.B&A reserves the right to adjust the rates
annually depending on the cost of doing business,typically on the anniversary of contract
extensions or renewals.
Table 1:Schedule of Costs
Staffing/Labor (billed in I5-minute
increments)
Mileage (billed at current IRS rate)
Travel (tolls,airfare,hotel,cab)
Copies/Reprographics
Telephone (long distance only)
Courier Service
Postage or Express Mail
$97/hour
$O.555/mile
Cost
Cost
Cost
Cost
Cost
As shown in Table 1 above,all out-of-pocket expenses are billed at cost without markup.B&A
provides monthly itemized invoices and can,at your request,provide receipts for all out-of-
pocket expenses.
D-14