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HomeMy WebLinkAbout4511 Contract Number: 4511 Vendor: GRANT-SOLUTIONS (KATHLEEN BYRNE-BARRANTES) Subject: Services - Grant Writing Department: PW Admin File Class: LEG 12-1 Begin Date: 09/01/2005 End Date: 12/31/2008 Review Date: 02/15/2010 Vault Date: 01/01/2010 Comments: Amendment #1-4/06 #2-12/06 ., ... . AMENDMENT No.2 PROFESSIONAL SERVICE AGREEMENT Grant -Solutions Grant Writing Services The City of Bremerton (City) and Grant-Solutions (Consultant) desire to supplement the Professional Services Agreement executed on September 20, 2005, and amended by Amendment NO.1 on April 19, 2006. All provisions in the amended Agreement remain in effect except as expressly modified in this Amendment No.2 as follows: Paragraph II, Term is revised as follows: The Term of this Agreement is extended to December 31, 2008. Paragraph III, Compensation is revised as follows: Total compensation under this Contract is increased $30,000 from the $50,000 previously authorized in Amendment No. 1. Total compensation under this Contract shall not exceed $80,000. The Consultant's labor rate is modified as set forth in the attached Exhibit B. In witness whereof, the parties have ex~cuted this Amendment NO.2 and agree to the changes as stated above as of &~.e:L.2.0 , 2006. Grant-Solutions City OfBremert~ ~? 2 Cary Bozeman Mayor ~~d~ Kathleen Byrne-Barrantes Sole Proprietor cA. MENT APPROVAL r~.~ Phil Williams Director, Public Works & Utilities APPROVED AS TO FORM: ~ Assistant City Attorney .w EXHIBIT B COMPENSA TION The Exhibit B: Compensation, Costs, and Method of Payment, under Section A of the Agreement remains the same with the following modifications: CHANGE the following under Section A. Item 2, Payment Schedule as follows: 2. "If the consultant is tasked ... cost are payable at $70 per hour." ADD the following under Section A. Item 4, Payment Schedule as follows: 4. "Payment for Grant or Loan applications shall be paid in accordance with the original schedule. Payment for additional grant writing services shall be paid by the Public Works and Utilities specific project(s) where funding will be obtained." +--------------------------------------------------------------------------+ tEnter Search Criteria, Press Esc Key to Transmit t tPress Del Key to Terminate Delete Mode t t CHANGE Contract Transactions t t Contract Number 4511 t t t tVendor Name GRANT-SOLUTIONS (KATHLEEN BYRNE-BARRANTES) t tsubject SERVICES - GRANT WRITING t tDepartment PW&U ADMIN t tStatus Code PRO t + Amount $50000.00 + + Begin Date 09/01/2005 t t Insurance End Date 12/31/2007 t t Type Amount Review Date 11/01/2007 + + + + + + t + Insurance Total $0.00 + + Insurance Review Date 10/01/2006 + t t t Comments AMENDMENT #1 - 4/06 + + + + + +--------------------------------------------------------------------------+ AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT Grant-Solutions Grant Writing Services The City of Bremerton (City) and Grant-Solutions (Consultant) desire to supplement the Professional Services Agreement executed on September 20, 2005. All provisions in the Agreement remain in effect except as expressly modified in this Amendment No. 1 as follows: Paragraph II, Term is revised as follows: the contract termination date is extended to December 31, 2007. Paragraph III, Compensation is revised as follows: total compensation under this contract is increased $30,000 from the $20,000 previously authorized. Total compensation under this contract shall not exceed $50,000. The Consultant's labor rates and billing fees are further revised as set forth in the attached Exhibit B. ' In witness whereof, the parties have executed this Amendment and agree to the changes as stated above as of Qpl1'.JJI9, ,2006. Grant-Solutions ~~4~~~ ~ Kathleen Byrne-Barrantes Sole Proprietor DEPARTMENTAL APPROVAL U)4?L Phil Williams, Director of Public Works and Utilities APPROVED AS TO FORM: QIIJ Assistant City Attorney EXHIBIT B ADD the following under Section A. Payment Schedule: 4. Payment for Public Works Trust Fund Loan and Drinking Water State Revolving Fund Loan applications shall be paid in accordance with the following schedule. Authorized Project Request Application Fee Grand Award Total Compensation Bonus $0 $500,000 $1,000 $0 $1 ,000 $500,001 $1,000,000 $1,250 $0 $1,250 $1,000,001 $2,000,000 $1,750 $0 $1,750 $2,000,001 $10,000,000 $2,000 $0 $2,000 +--------------------------------------------------------------------------+ +Press Esc Key to Insert new record, Ctrl-Z to Clear form +Press Del Key to Terminate Insert Mode + INSERT Contract Number Contract Maintenance ;= + 4511 -.- =FVendor Name . .Subj ect . .Department .,.Status Code GRANT-SOLUTIONS SERVICES - GRANT PW&U ADMIN PRO (KATHLEEN BYRNE-BARRANTES) WRITING =F =F Insurance Type Amount Amount Begin Date End Date Review Date $20000.00 09/01/2005 -- 09/01/2006 ;= 08/01/2006 + ,I,. Press F1 for =F valid insurance type codes .1. Insurance Total Insurance Review Date $0.00 + 10/01/2006 A -.- Comments NEED CERTIFICATE OF INSURANCE ",- + + + + +--------------------------------------------------------------------------+ '. PROFESSIONAL SERVICES AGREEMENT Grant-Solutions Grant Writing Services The City of Bremerton ("City") and Grant-Solutions ("Consultant"), referred to collectively as the "Parties," enter "into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed on a case by case basis as authorized by the City. The Term ofthis Agreement is from September 1,2005 to September 1, 2006. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $20,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing the work performed and the amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees Bremerton/Grant Solutions Grant Writing Services Page 1 of6 .~ of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. v. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S VI ANER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WANER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/Grant Solutions Grant Writing Services Page 2 of6 1<11 VI. Insurance: Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Poulsbo, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Poulsbo, Washington. Meetings with the City staff as described in Bremerton/Grant Solutions Grant Writing Services Page 3 of6 ~ Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text ofthis Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given ifsent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Michael Mecham 3027 Olympus Drive Bremerton W A, 98310 Consultant Address Grant-Solutions 17212 Lemolo Shore Drive Poulsbo, WA 98370 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Bremerton/Grant Solutions Grant Writing Services Page 4 of6 1B VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date oftermination, as described on a [mal invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT Cdtg~ By: its: PW"," L.Lar~k,- Date: ~/2-o lOr ~~~ ItS: G~- 0 f\' Date:~be.v-IS)~005 Bremerton/Grant Solutions Grant Writing Services Page 5 of6 to form:( Attorney R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc Bremerton/Grant Solutions Grant Writing Services Page 6 of6 EXHIBIT A: SCOPE OF WORK I. Scope of Services A. General Description Consultant agrees to provide general agency identification and grant procurement services to make and submit complete grant proposals on the behalf of the City. Consultant agrees to provide any and all services required to effectively achieve the objective ofthis Agreement. Any work conducted outside the scope of this Agreement is subject to additional fees and no such additional work shall be undertaken except pursuant to an amendment to this Agreement signed by both parties. B. Research, Assessment and Funding Plan 1. Within thirty (30) days after execution of this Agreement, Consultant agrees to facilitate and conduct an assessment meeting to identify priority areas. 2. Within forty-five (45) days of the assessment meeting, Consultant agrees to generate and provide an "initial" report of potential funding sources for specified projects within the priority areas. This report can be verbal or via email. 3. City agrees to discuss this "initial" report to determine the most effective funding sources/strategies for each specified project and priority area. 4. Upon Completion ofthe "initial" report Consultant shall issue a Final Funding report. 5. Both parties understand and agree that other funding sources not set forth in the Final Funding Report may be identified or become available. 6. Consultant agrees to conduct continued research during the term ofthis Agreement and to compile a report of grant funding sources as they become available or are announced. C. Information Provision 1. As soon as possible, and in all cases prior to authorization to prepare an application for funding, Consultant shall notify City whether, and the amount of, any matching funds which may or shall be required in order to qualify for award of funding, or which mayor shall be required to complete tasks identified in the objectives of a specific application. 2. Upon written request, Consultant shall provide a copy ofthe Request for Proposal (RFP) for each funding source specified, such copy to be provided within five (5) working days of said request and subject to the availability of the RFP. D. Conditions ofRFPs 1. City understands that the RFPs contain all conditions, regulations, and requirements associated with the grant for use of any funds awarded by the funding source. City accepts responsibility for understanding the terms and conditions and for complying with said terms. 2. City shall review the requested RFPs within five (5) working days, or by a time mutuallyagreed upon by both parties, from the date of City's receipt ofRFPs. E. Authorization of Proposals Identified 1. Following City's review, and before Consultant prepares any application, City shall authorize Consultant in writing or by electronic mail to prepare and submit such application. F. Program Design for Authorized Proposals 1. For any application authorized to be prepared by Consultant, Consultant shall collaborate with City to develop a program design for the parameters of such grant application. a. Consultant shall provide for City a written list of all information reasonably necessary to submit the application. b. City agrees to use its best efforts to provide Consultant requested materials within five (5) working days of the program design meeting, or by a time mutually agreed upon by both. (i) Any time other than five (5) working days mutually agreed upon shall be determined during this meeting, initialed by a representative at the program design meeting, and returned to Consultant. (ii) "Provision of information" or "provision of requested materials" shall include, but are not limited to, the reasonable provision of complete and accurate disclosure of financial, programmatic or other information Consultant requests to complete authorized applications. c. Where both parties agree, Consultant may pursue applications with short deadlines by using teleconferencing to develop program design. (i) Upon electronic or faxed and initialed approval by City, Consultant shall request that all requisite supporting information be provided it either orally or in writing. (ii) City agrees to provide Consultant all such requisite supporting information within seven (7) working days from the date of the request or within such other time mutually agreed upon by both parties. II. Grant Writing 1. Consultant shall be responsible to write grant applications identified by and in cooperation with City. 2. Consultant agrees to review all potential funding opportunities and to receive written approval to submit applications from City, prior to any solicitation efforts by Consultant. Consultant reserves the right to initiate discussion with grantors prior to submission of any grant application including review of draft proposals. As Consultant requests requisite supporting information from City, City agrees to use best efforts to provide requested materials within seven (7) working days, or within such other time mutually agreed upon by both parties. Grant Writing Services Exhibit A: Scope of Work Page 2 of3 2 III. Obligations of City 1. City agrees to comply with all reasonable requests of Consultant and to provide access to pertinent documents necessary for Consultant to provide services under this Agreement. 2. Such pertinent documents include but are not limited to budget information, previously written proposals, background, research, maps and other source documents, demographic data, and review of proposal drafts. Consultant may, subject to City approval, use these and other materials such as maps, documents and presentations for other grant applications. 3. City understands the services offered and described in this Agreement are time-sensitive, and will comply with all Consultant's informational requests by ensuring Consultant receives all reasonable requests for information within the time period, as specified in this Agreement. 4. If after authorizing Consultant to submit an application, City fails to provide necessary materials, approvals, signatures or other pertinent information which results in an incomplete proposal or failure to meet grant deadlines, City agrees to compensate the contractor according to the project fee table in Exhibit B. 5. City shall notify Consultant within 3 business days from receipt of notification of grant award, rejection, or a request for more information from the funding agency. Whenever possible, City agrees to provide Consultant with copies of any letters, faxes or other notification/funding. Grant Writing Services Exhibit A: Scope of Work Page 3 of3 3 I" " . . EXHIBIT B: COMPENSATION Compensation, Costs, and "ivIethod of Payment: A. Payment Schedule 1. $500 upon execution of this Agreement as a retainer for the Consultant's services that will be considered payment towards the development of a funding "matrix" and research conducted to determine funding opportunities as described under scope of services. 2. If the consultant is tasked with other consultant related work on behalf of the City, and approved by the City after proposal for said work, costs are payable at $65 per hour. 3. In addition to and including the retainer provided for in A.l. City shall pay project fees for all approved projects and award bonuses for all grants actually awarded in accordance with the following schedule: Authorized Project Request (Fee) or Awarded Grant (Bonus) $0 $20,000 20,001 50,000 50,001 75,000 75,001 100,000 100,001 200,000 200,001 500,000 500,001 1,000,000 1,000,001 10,000,000 Project Fee Grand Award Bonus $750 1,250 1,500 1,750 2,250 2,500 3,000 4,000 $500 750 1,000 1,500 1,750 2,000 0.2% Total Potential Compensation $750 1,750 2,250 2,750 3,750 4,250 5,000 ~6400 to 24,000 B. Costs and Expenses: Consultant will draft, copy and mail all proposals and solicitations. 1. All copying, mailing and other materials, as requested from funding agency, associated with solicitations will be paid by Consultant. 2. Consultant shall be responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. Such cost includes, but are not limited to, all costs of equipment provided by Consultant, communication costs, all professional fees, all licenses, office overhead and any other costs of doing business. 3. Consultant shall retain the right to use telecommunications and telecommuting tools and instruments to complete tasks under this Agreement.