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16-090 California Consulting, LLC., Consultant ServicesCITY OF fl CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO. U> l ;+,.. \ \ 1-- THIS AGREEMENT, made and entered into this ,,_-n. day of 0 ~ ?..cl Uo is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and CAL ORNIA CONSUL TING, LLC, 4744 Telephone Road, Suite 3352, Ventura, CA 93003. Phone No.: (559) 244-0801. E-mail: shari@californiaconsulting.org ._(Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Conduct a citywide needs assessment, research potential funding opportunities, and identify grants that would support City goals and needs. Check box if services are further described in an Exhibit. 0 EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, 'Proposal.' TERM: The services and/or materials furnished under this Agreement shall commence on July 13, 2016 and shall be completed no later than August 31, 2016. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5,000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page 1of3 California Consulting Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage : (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500 ,000 each occurrence $1,000,000 aggregate -all other Property Damage: $100,000 each occurrence $250 ,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1 ,000 ,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100 ,000 each occurrence or Combined Single Limit: $500,000 each occurrence ( 4) Professional Liability: Professional liability insurance which includes coverage for the professional acts , errors and omissions of Consultant in the amount of at least $1 ,000 ,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Page 2of3 California Consulting Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME: John Raaymakers DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. APPROVALS Page 3of3 California Consulting 1-- EXPENDITURE DISTRIBUTION Ool-01-0 I History ALifORNJA (ONSULTING LLC The State's Premier Grant Writing Firm www.californiaconsulting.org A Proposal for City of Cupertino Exhibit A Founded in 2004 , California Consulting, LLC has a solid reputation for hard work and a commitment to success for its clients. California Consulting, LLC is the largest grant writing firm in California. With offices in Southern California, Northern California and Central California, we have almost 90 clients statewide. We have over 30 members of our team from Chico in the North, to San Diego in the South. California Consulting has developed an expertise in representing public agencies , private companies, and non-profit organizations. We have secured over $1.5 billion for our clients since inception through grant writing and government advocacy efforts combined. The California Consulting team boasts over 25 grant writers . Through years of experience our grant writers have a proven track record of success and have mastered their skills of identifying, researching, and obtaining funding for significant projects at every level of government. California Consulting grant writers have written over 730 competitive grants that have been funded , generating nearly $173 million for our clients. Our aggressive, hard-working, and results-oriented style ha s translated into millions of dollars for our clients. Our professional grant writers are diligent and stay current on every Federal and State grant available on a myriad of different topics and public policy areas. Whether it is recreation, education , parks money, or public safety our grants team knows where to locate grant funds and how to successfully write the applications. Sacramento Trips Our office regularly organizes trips to Sacramento for our clients . We organize a full day of meetings with key State Agencies with grant monies available. Usually the City Manager or District Superintendent along with elected officials will attend the day long visit to the Capitol accompanied by California Consulting. These visits include a full day of meetings with State Agencies and key decision makers for grant money . Events In order to keep our clients regularly informed of updates from the Capitol , we routinely invite special guests from Sacramento to visit with our clients . We periodically host invitation only events with a key elected or appointed official from Sacramento. We have held events in Montebello, Salinas and Fresno . Guests have included CalTrans Director Malcolm Dougherty, the Governor's Cabinet Secretary, Director of California Governor's Office of Business and Economic Development, Kish Rajan and other key policymakers. This allows clients to interact with major policymakers in a unique small group setting. References California Consulting references include key leaders from around the State. Our relationships are bi-partisan and we have references from major figure s and leaders in both political parties. Exhibit A California Consulting currently represents over 40 cities across California, almost 40 School Districts, non-profits and others. We have also been retained to work for agencies including Chevron Corporation and academic institutions including the California Institute of Technology in Pasadena, as well as several private sector clients. A full client list can be obtained at www .californiaconsulting .org . Scope of Services and Cost: In-Depth Needs Assessment and Report I . California Consulting will conduct a one day, in-depth Needs Assessment on-site in which all relevant staff members involved with grants should be present to provide input. 2. Utilizing the information gathered, California Consulting will prioritize the needs established and conduct thorough research identifying available funding opportunities. 3. Within 30 days of the contract effective date , California Consulting will provide Client with an in-depth report summarizing and prioritizing funding needs identified. The report will provide current and future funding opportunities available that meet each the Client's needs identified. The report will include detailed grant information, grant guidelines and web links for each grant listed. 4. The cost for the Needs Assessment and Full Written Report is $5,000 . Sample questions asked during the Needs Assessment: a) List and describe any program initiatives or priority projects. b) What needs, projects, or content areas would you like to target for funding? You can list specific projects or general areas in which you have funding needs. c) List any grants for which you are considering applying or have decided to apply. In addition, please list what kind of grant-writing support would be helpful for each grant. d) List past grants that have been funded. e) List past grant applications you would like to revise and submit again .