Loading...
HomeMy WebLinkAboutRAMOS, M. DOLORES 1City of Santa Ana C SID Clerk of the Council AGREEMENT TERMINATION 7-- K Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with No. N-2009-068 and final payment has been made. Revised 12-07-07 was completed on V..)A,3 I � n Department: Phone/Ext.: Signature: Date: 1 a4l 4 Need C3usr. I.Iab INSURAN ~E iJOT_ ON FILE WORK MAY NOT FROGEED CLERK OF COUNCIL N-2009-068 DATE: 7-~j-d'7 CONSULTANT AGREEMENT o'. PI~Cs(,2~ P'~h~a ~~ THIS AGREEMENT, made and entered into this 16t~ day of April, 2009 by and between M. Dolores Ramos, an individual (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of grant writing. B. Consultant represents that Consultant is able and willing to provide such services to the Ciry. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall compile information and complete grant applications for Proposition 84 Statewide Park Development and Community Revitalization Program of 2008, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $50.00, plus expenses. The total sum to be expended under this Agreement shall not exceed $5,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Due to the nature of the services provided, commercial general liability insurance is not required. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702- 1988 Fax 714- 647-6956 With courtesy copy to: Executive Director of Parks, Recreations and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 571-4221 To Consultant: M. Dolores Ramos PO Box 861318 Los Angeles, California 90086 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or b-y other consultants retained b-y Cityy. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 14. MISCELLANEOUS PROVISIONS All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. A _~ PATR_ICIA E. HEAL Clerk of the Council CITY OF SANTA ANA r t ~t.•t DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: ,~ La Sheedy~- Assistant City Attorney RECOMMENDED FOR APPROVAL: G RARDO MOUET Executive Director - PRCSA CONSULTANT ~ ~~ M. D LORES RAMOS Tax ID # ~~° _ ~~~ ~'~~~ EXHIBIT A Thank you for considering me to write the Santa Ana Parks, Recreation & Community Services Agency (PRCSA) grant applications to the Proposition 84 Statewide Park Development and Community Revitalization Program of 2008. I am honored that you have asked me to prepare PRCSA's application(s) to the program, and would be delighted to accept your offer. My fee as a consultant is $50 per hour plus mileage for any grant-related travel (e.g. meetings, applicant's conference) and expenses. Costs will be minimal, as any duplication of documents required can be completed by PRCSA, and the majority of communication between staff and myself can easily occur by email I estimate that each application will take approximately 40 hours to write; however this amount may vary depending on quantity and quality of cooperation on the part of City staff. I would also add an additional 20 hours for meetings, which would include attendance at the applicant's conference, any meetings necessary with City staff, and my attendance at some of the community-based planning meetings. I am aware of the City's current budget situation, and will make every effort to minimize any added costs and the amount of hours billed to the City. In terms of the scope of work, I understand that my role would he to write the final application for (each) project, which would include all application forms and writing of the project summary and narrative. I would also work with PRCSA staff to finalize the required resolution, cost estimate, maps and other related application materials. In order to ensure the quality and consistency of the application(s) and related materials, I would also ask to be given final approval authority on all support materials, including flyers advertising community forums and draft letters of support. In order to minimize the number of hours billed to the City, I will need assistance from PRCSA staff for such tasks as obtaining signatures, conducting research, gathering information from staff and residents, scheduling, creation of promotional materials and recording for community forums, and coordination of any support letter requests. I would also like to request that remote access to the Grants folder in the PRCSA drive be set up for me, so that I might access previous grant applications and materials. This will also serve to lessen the number of hours spent creating original documents and having staff search on my behalf for items that I am extremely familiar with. Please advise me of the next steps in order for me to become a consultant with the City of Santa Ana. As the official application guide has been released, work can commence immediately -there is no need to wait for the application period to open. However, I prefer to wait until a contract has been executed in order to begin work. Please understand that my provision of services is no guarantee that the City of Santa Ana's project(s) will be selected for award. However, be assured that I will do everything in my abilities to ensure that Santa Ana PRCSA submits competitive application(s). Towards that end, I have enclosed a summary of what I feel to be the main points of the Proposition 84 grant application that PRCSA should focus on in the project selection and application preparation process; my suggestions are in italics. Feel free to contact me should you have any questions regarding my proposal. I look forward to working with you again, and I will see you at our meeting on April 24tH. Sincerely, M. D,~Cau ~~,. M. Dolores Ramos Enclosure PROPOSITION 84 STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM OF 2008 A_ pplication Process ^ Application period will be opened once statewide freeze on travel is lifted; Technical assistance workshops will then be scheduled as well. ^ Applications that are not successful in Round 1 can be resubmitted for Round 2. Strongly recommend submitting 2 first round, resubmitting in 2"`t if not successful during 1 s`. (p.4) Application Criteria ^ Program will award grants on a competitive basis for the creation of new parks and new recreation opportunities in proximity to the most critically underserved communities across California (p.30-32, 46). Eligible projects in order of priority include: - Creation of new parks (acquisition and development combination projects) - Expansion of existing park - Construction of a new recreation feature Renovation of existing recreation features. This is the lowest priority category and is where the projects we have discussed would be classifted. ^ Partnerships between non-profit organizations and local governments are encouraged (p. 3). Grant award range is $100,000 minimum - $5 million maximum. There is no match requirement. However, grant plus any committed funds must be sufficient to complete project. - No more than 25% of the grant amount may be spent on pre-construction costs (p.14). Community resident input meetings required as part of the application process (p. 33-37). Maximum amount of points awarded for minimum of five meetings, with at least two having been held on a weekend or evening, and for minimum of three methods to invite a broad spectrum of community residents. - Maximum points awarded for: o Residents' identification of their preferred recreation features, and provision of design ideas for features, park safety and beautification (not limited to a few predetermined options by applicant) - Meetings can begin as soon as project is selected - do not need to occur during application period. Points also awarded for sustainable techniques (p. 38-39). - Use of water efficient irrigation system Incorporation of pervious surfaces or other techniques - At least 10% of materials are to be recycled materials or construction waste will be reduced through separation and recycling - Landscaping excludes use of invasive plants, features drought tolerant non-invasive native plants and minimizes use of toxic pesticides and inorganic fertilizers - Up to 5 additional points awarded for each additional sustainable techniques used ^ Maximum points awarded for access 7 days a week, at an access fee of no fee to $3 per month for poverty- level community members (p.38, 41) ^ Maximum points awarded for 20 or more residents or conservation ports members receiving volunteer or employment outdoor learning opportunities (p. 42, 53).