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HomeMy WebLinkAboutCM Grant Writing ServicesAGREEMENT FOR PROFESSIONAL SERVICES WITH KATE REZA FOR GRANT WRITING SERVICES This Agreement is made and entered into this ...Zk— day of September, 2021, by and between the CITY OF SAN RAFAEL (hereinafter "CITY'), and KATE REZA, D.B.A. REZA ENVIRONMENTAL (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the City of San Rafael has identified Sustainability, Climate Change and Disasters as a priority City Council Policy Focus Area; and WHEREAS, one of the Two -Year Priority Workplan priorities for the City's Sustainability Program is to "Secure funding and conduct an adaptation planning process with a focus on equity and sea level rise"; and WHEREAS, the City of San Rafael wishes to engage the services of an experienced grant writing consultant to help write a Prop 68 State Coastal Conservancy grant application; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Sustainability Program Manager is hereby designated the PROJECT MANAGER for the CITY and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Kate Reza is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and/or provide services as described in CONSULTANT's Proposal State Coastal Conservancy Prop 68 Grant Writing Proposal, dated September 8, 2021, attached hereto as Exhibit " A " and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONSULTANT as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered at the hourly rates shown in CONSULTANT'S hourly rate section included in Exhibit "A" Section W attached, in a total contract amount not to exceed $2,500, including reimbursable expenses. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and shall end on October 31, 2021 TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. OWNERSHIP OF DOCUMENTS. The written documents and materials prepared by the CONSULTANT in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its performance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. Revised 9/9/2021 ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 10. INSURANCE. During the term of this Agreement, CONSULTANT shall maintain, at no expense to CITY, an automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one hundred thousand dollars ($100,000) dollars per occurrence. 11. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, then, to the extent permitted by law including without limitation, Civil Code sections 2782, 2782.6 and 2782.8, CONSULTANT shall indemnify and hold harmless the CITY and its officers, officials, and employees (collectively City Indemnitees) from and against damages, liabilities or costs (including incidental damages. Court costs, reasonable attorney's fees as may be determined by the Court, litigation expenses and fees of expert witnesses incurred in connection therewith and costs of investigation) to the extent they are caused by the negligence, recklessness, or willful misconduct of CONSULTANT, or any subconsultants, or subcontractor or anyone directly or indirectly employed by them, or anyone for whom they are legally liable (collectively Liabilities). Such obligation to hold harmless and indemnify any indemnity shall not Revised 9/9/2021 apply to the extent that such Liabilities are caused in part by the negligence or willful misconduct of such City Indemnitee. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or by email, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if emailed, upon the date of sending the email. Notice shall be given as follows: TO CITY's Project Manager: TO CONSULTANT's Project Director: Revised 9/9/2021 Cory Bytof Sustainability Program Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94915-1560 Email: cor .bbytof c ,cityofsanrafael.org Kate Reza Reza Environmental PO Box 126 Nicasio, CA 94946 Email: kate(cDrezaenvironmental.com 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 17. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or Revised 9/9/2021 owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE 1 OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Fonn W-9 (Request for Taxpayer Identification Number and Certification). 22. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the term (or termination) of this Agreement shall remain in effect until fulfilled and shall apply to both Parties' respective successors and assigns. 23. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 24. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed by electronic signature and in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transmission. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL / s• Cory ytof; Stsstas ility Program Manager Revised 9A). -10-11 CONSULTANT Kate RezaJgt•1Yuq`� n•..... rro mt v:l�a•;e:Nei._rr:ru--enl. � ,S ,J.:•:OlI 0911': uil .]: JA' By: Name: Kate Reza ATTEST: LINDSAY LARA, City Clerk APPROVED AS TO FORM: L. -I. -a I -..n — ROBERT F. EPSTEIN, Ci Attorney Revised 9/912021 [If CONSULTANT is a corporation, add signature of second corporate officer] Name: Title: REZA E."'IRONME."TAL State Coastal Conservancy Prop 68 Grant Writing Proposal Submitted to: City of San Rafael September 8, 2021 Section I Organizational Information Reza Environmental PO Box 126 Nicasio, CA Kate Reza, 707.321.8638 Sole proprietorship Section II Qualifications and Experience Reza Environmental (RE) has over a decade of experience with grant development. Kate Reza has successfully led and participated in proposals that have brought over $100 M to California's Coastal and Bay areas since 2006. Kate has worked with clients including Resource Conservation Districts, Sonoma Ag + Open Space, consulting firms, and NGOs to identify funding opportunities that match strategic direction and priorities. She has been a key contributor in the development of over 2S federal, state and foundation grant applications, frequently as project lead, soliciting and synthesizing contributions from multiple sources. These applications have a success rate of over 90%, resulting in over $110,000,000 of funding awarded for planning and on -the -ground projects benefiting ecosystems and human communities in California's North Coast region and the SF Bay area. SELECT GRANT APPLICATIONS, 2006 - 2021 — Marin County Resource Conservation District (MRCD); CA State Coastal Conservancy Bay Area Climate Ready Program Grant Proposal: May 2021. Project lead. Developed draft application and represented MRCD to Conservancy as questions arose. Provided guidance for supporting documentation and monitoring requirements, edited responses to clearly address proposal preferences, and kept team focused on grant completion/ submittal. Submitted May 2021 ($1 M requested), recommended for funding June 2021. Marin County Resource Conservation District; CA Department of Conservation Riparian Corridor Restoration and Conservation Grant Proposal: July 2020. Project lead. Provided guidance for application responses, coordinated team input and edited team responses to meet character limits. Authored responses with respect to how project met statewide goals Exhibit A and conformed to regional planning efforts and entered all text, financials and supporting documentation into grant portal. Final award: $429,911. — Marin Agricultural Land Trust & Sonoma As + Open Space; USDA Natural Resources Conservation Service Regional Conservation Partnership Program pre- and final proposal submittal: October 2014, November 2015, December 2019, and May 2020. Project lead. Developed proposal outline for partner review, revised to reflect partner comments and grant modifications. Coordinated partner input in text and budget creation and review. Developed text, incorporated partner contributions and review comments to ensure a consistent tone and organizational format, and developed final application for submittal. Entered narrative text, financial contributions and requests, supporting documentation into RCPP portal. Final awards: over $19 million (2014), $8 million (2015), $10 million (2020). — North Coast Resource Partnership; CA State Water Resources Control Board & Department of Water Resources Integrated Regional Water Management Grant Proposals Props 50 & 84, Rounds 1 & 2, & Prop 1: June 2006, January 2008, January 2011, April 2013, August 2015, September 2019. Lead grant writer for multiple implementation and planning funding rounds. Collaborated with economists to describe and itemize economic and other benefits on a project -by -project basis, provided cost -benefit ratios, and managed timeline for review and deliverables. Developed grant sections describing project contributions, conformance to statewide priorities, and specifics of how proposal met grant objectives and criteria. Developed final reports. Final awards: over $77 million. North Coast Resource Partnership; CA Department of Water Resource Drought Project Grant Proposal: November 2014. Lead grant writer, coordinated Local Project Sponsor contributions. Developed Project Justification text which included project descriptions, drought project type, recent and historic conditions, expected conditions if project was not implemented, physical benefits and potential adverse effects of project implementation, and estimation methods. Edited each project proponent's contributions to present a consistent tone throughout proposal. Analyzed each project with respect to the Human Right to Water. Detailed how each project met specific Program Preferences and the certainty, breadth, and magnitude of impact. Final award: $13 million. Kate's keen eye for detail and understanding of where a project fits in terms of state and regional priorities is a huge asset to grant development efforts. She assesses a project's strengths and determines the optimal way to present it to align with funder goals. In addition to her proven success with grant proposals, Kate has extensive research, analysis, and report writing experience collaborating with multiple stakeholders including water and wastewater service providers, nonprofit agencies, and government staff/consultants. She has provided research, writing, and editing for over 30 watershed, habitat management/ conservation, strategic, and integrated water management planning projects. Kate has also participated in easement activities associated with planning and management concurrent with easement development. She was a key contributor to the 2009 Draft Saddle Mountain Management Plan and developed the Paradise Valley Ranch Habitat Management Plan for the Marin Agricultural Land Trust (MALT). Kate at Reza Environmental has the experience and skills necessary to assist the City of San Rafael with developing and submitting a State Coastal Conservancy Proposition 68 grant proposal. She will develop relevant sections and provide support for the development of a proposal to fund the Canal Community Resilience Collaboration project. REFERENCES 1. Karen Gaffney West Coast Watershed, Partner Formerly: Sonoma County Ag + Open Space, Conservation Planning Manager PO Box 262, Healdsburg, CA 95448 Office: 707.433.7377 Cell: 707.583.6757 kga_ffney@westcoastwatershed.com 2. Nancy Scolari Executive Director Marin Resource Conservation District PO Box 1146, Point Reyes Station, CA 94956 (415)663-1170 nancv@marinrcd.org 3. Katherine Gledhill West Coast Watershed, Partner PO Box 262, Healdsburg, CA 95448 Office: 707.433.7377 Cell: 707.583.6757 kgledhill@westcoastwatershed.com Section III Proposed Approach & Work Schedule 1. Develop Coastal Conservancy Grant Application with input from City of San Rafael and project Team 2. Sections of grant to be completed include: a. Contact and Project Info b. Location Info (City staff to provide latitude and longitude) c. Elected Officials d. Draft need for project —to be enhanced by partners with local & specific knowledge e. Draft goals & objectives f. Draft project description g. Draft site description — with input from City staff and partners h. Draft work products/ deliverables based on pre -proposal and task list i. Draft measuring success —to include potential methods to measure project success/ effectiveness as a community capacity building project j. Draft applicant capacity — with significant input from the partner administering the grant funds including the following: i. Capacity to manage a state grant, including fiscal system and staff dedicated to financial operations; ii. Ability to address cash flow and how the applicant will handle the process of reimbursement payments; iii. Proof of qualified staff or contractors to carry out the project activities; iv. A record of success completing similar projects and the commitment to see the project to completion. v. If applicant qualifies as a 501(c)(3) organization, provide your IRS 501(c)(3) letter and Articles of Incorporation as attachments to your completed Non -Profit Questionnaire. Note: Applicants who have submitted the Non -Profit Questionnaire in the past two years do not need to resubmit. k. Draft project history —to be enhanced by partners with specific knowledge I. City of San Rafael and partners to provide task list and maps, graphics m. Based on completed task list, preliminary budget and schedule and "other funds" table n. City of San Rafael and/ or partners to provide a brief narrative for budget justification that explains and justifies the costs. o. Draft additional information to include: Consistency with State Plans ii. Consistency with Conservancy's 2018 — 2022 Strategic Plan iii. Support (based on information provided by City/ partners) iv. Need v. Regional significance vi. Sea Level Rise Vulnerability vii. Innovation (as applicable — are we forming novel partnerships? Maybe a formalization of youth involvement in City climate planning?) viii. Vulnerability from CC Impacts other than SLR (if applicable) ix. GHG emissions — VMT? 3. Time estimate: 20 hours for tasks outlined above plus 8 hours for additional technical support as needed. 4. Schedule: Commence on or before 9/10/21; proposal complete, in PDF format, and ready to submit by 9/24/21. Section IV. Cost of Service Kate Reza, rate: $90/hr Cost estimate: 20 - 28 hours, $1,800 — $2,500 1 i Z yo /rrVVITH Ptl CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Manager Project Manager: Cory Bytof Extension: 3407 Contractor Name: Kate Reza, Reza Environmental Contractor's Contact: kate reza Contact's Email: kate@rezaenvironmental.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE C I, - — ,,;;re to Check/Initial 1 Project Manager ❑ enter a date. b. Email contract (in Word) and attachments to City 9/9/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 9/9/2021 and return to Project Manager 9/13/2021 ❑x ND b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor ❑x 3 Department Director Approval of final agreement form to send to Click or tap ❑ contractor to enter a date. 4 Project Manager Forward three (3) originals of final agreement to 9/13/2021 contractor for their signature 5 Project Manager When necessary, contractor -signed agreement © N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here to PRINT Date of City Council approval enter a date. CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 9/13/2021 TW City Attorney Attorney with printed copy of this routing form 7 Review and approve hard copy of signed agreement 912 8 City Attorney Review and approve insurance in PINS, and bonds p J� AD _`/ 1 2(for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official I "LI 4)1,1 Cb 10 City Clerk Attest signatures, retains original agreement and � forwards copies to Project Manager "1 L� L�Z� ) ' V