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HomeMy WebLinkAboutE-10 Staff Report - Blais and Associates Letter Agreement 20-21CONSENT ITEM E-10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MIKI CARPENTER, COMMUNITY RESOURCES DIRECTOR DATE: JULY 20, 2020 SUBJECT: APPROVE LETTER AGREEMENT WITH BLAIS & ASSOCIATES FOR PROFESSIONAL GRANT MANAGEMENT SERVICES BACKGROUND: Blais & Associates has been providing grant research and development services for the City since May 2015. The current Letter Agreement for services expired June 30, 2020. This action would approve a new Letter Agreement for a one-year term and allow for two additional one-year terms, if extended in writing. RECOMMENDATION: Staff recommends the City Council take the following actions: 1)Approve a Letter Agreement with Blais & Associates, for grant research and development services through June 30, 2021 with two additional one-year terms available; and 2)Authorize the City Manager to execute the Letter Agreement, in a form acceptable to the City Attorney, on behalf of the City. ANALYSIS: Blais & Associates has been providing grant research and development services for the City since May 2015. During this time, Blais & Associates has worked with Staff to develop a comprehensive Needs Assessment and grant strategy that allows for targeted research and notification of grant programs meeting the City’s needs. Blais & Associates provides monitoring services for all applicable federal, state and regional grant funding opportunities, and alerts Staff when an announcement is released. Blais & Assoicates also provides the interested City departments with not-to-exceed quotes for each grant application the department wishes to pursue. Once the quote is approved, Blais & Associates APPROVED CITY COUNCIL 7/20/2020 Blais & Associates July 20, 2020 Page 2 develops a timeline and checklist for the project outlining the roles and responsibilities for each party. The proposed Letter Agreement would approve their services through June 30, 2021, and allow for two additional one-year extensions. The total amount of grant funds awarded to the City, with B&A’s assistance since May of 2015, has been well over $2,500,000. FISCAL IMPACT: The grant research component will cost the City a total of $15,750 per year. Funds for the recommended action were included in the FY 2020-21 Approved Budget in account 10-10-110-000- 6399. Prepared by: Reviewed and Approved: Nikki Rosales Miki Carpenter Senior Management Analyst Director of Community Resources Reviewed and Approved: Sergio Gonzalez City Manager Attachment: 1) Letter Agreement with Blais & Associates 45635.01000\8513162.1 LETTER AGREEMENT JULY 1, 2020 NEIL BLAIS, PRESIDENT/CEO BLAIS & ASSOCIATES 7545 IRVINE CENTER DRIVE, SUITE 200 IRVINE, CA 92618 [INSERT CITY, STATE ZIP] Dear Mr. Blais: Letter Agreement for Professional Consulting Services This letter shall be our Agreement (“Letter Agreement”) regarding the provision of professional consulting services described below (“Services”) to be provided by Blais & Associates, a Texas Corporation, as an independent contractor (the “Contractor”) as an independent contractor to the City of Azusa (the “City”) to provide ongoing grant research, writing and management services (“Project”). Contractor is retained as independent contractor and is not an employee of the City. City and Contractor are sometimes referred to herein as “Party” or “Parties.” Services on the Project shall begin July 1, 2020 and shall be completed by June 30, 2021. Two additional one-year terms are authorized in writing, if the City so desires. Contractor shall perform all Services under this Letter Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California, and consistent with all applicable laws. Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Letter Agreement. Attachment 1 Blais & Associates Grant Research and Monitoring Services July 1, 2020 Page 2 of 6 45635.01000\8513162.1 Contractor has represented to the City that certain key personnel will perform and coordinate the Services under this Letter Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of equal competence upon written approval of the City. In the event that the City and Contractor cannot agree as to the substitution of key personnel, the City shall be entitled to terminate this Letter Agreement for cause. The key personnel for performance of this Letter Agreement are as follows: Neil and Destin Blais. Contractor shall be paid a flat monthly fee of $1,312.50 (One thousand three hundred and twelve dollars and 50/100). Contractor’s total maximum compensation in Fiscal Year 2020/21 shall not exceed $15,750 (Fifteen thousand seven hundred fifty dollars) without written approval of the City Manager. Contractor’s invoices shall include a detailed description of the Services performed. Invoices shall be submitted to the City on a monthly basis as performance of the Services progresses. The City shall review and pay the approved charges on such invoices in a timely manner. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. [INSERT “IF” OR “SINCE” AS APPLICABLE] the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and [INSERT “IF” OR “SINCE” AS APPLICABLE] the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Letter Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor shall provide proof of commercial general liability and automobile insurance to the City in amounts and with policies, endorsements and conditions required by the City for the Services. If Contractor is an employer or otherwise hires one or more employees during the term of this Project, Contractor shall also provide proof of workers compensation coverage for such employees, which meets all requirements of State law, with endorsements and conditions required by the City. The City may terminate this Letter Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter Agreement without cause before Project completion, Contractor shall be entitled to be paid in full for those Services adequately completed prior to the notification of termination. Contractor may terminate this Letter Agreement only upon 30 calendar days’ written notice to the City only in the event of City’s failure to perform in Blais & Associates Grant Research and Monitoring Services July 1, 2020 Page 3 of 6 45635.01000\8513162.1 accordance with the terms of this Letter Agreement through no fault of Contractor. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s Services, the Project or this Letter Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Contractor’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. Contractor’s obligation to indemnify shall survive expiration or termination of this Letter Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements; all emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD), the California Air Resources Board (CARB) or other governmental agencies; and all water quality laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board, the Santa Ana Regional Water Quality Control Board and the City. By executing this Letter Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Contractor shall maintain records of its compliance, including its verification of each employee, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Letter Agreement to make the same verifications and comply with all requirements and restrictions provided herein. Contractor's failure to comply or any material misrepresentations or omissions relating thereto shall be grounds for terminating this Letter Agreement for cause. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Blais & Associates Grant Research and Monitoring Services July 1, 2020 Page 4 of 6 45635.01000\8513162.1 Services. Finally, Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment in violation of state or federal law. As provided for in the indemnity obligations of this Letter Agreement, Contractor shall indemnify City against any alleged violations of this paragraph, including, but not limited to, any fines or penalties imposed by any governmental agency. This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be brought in a state or federal court situated in Los Angeles County, State of California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Letter Agreement, the prevailing Party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorney's fees, as determined by the court. Contractor shall not assign, sublet, or transfer this Letter Agreement or any rights under or interest in this Letter Agreement without the written consent of the City, which may be withheld for any reason. This Letter Agreement may not be modified or altered except in writing signed by both parties. Except to the extent expressly provided for in the termination paragraph, there are no intended third party beneficiaries of any right or obligation of the Parties. This is an integrated Letter Agreement representing the entire understanding of the parties as to those matters contained herein, and supersedes and cancels any prior oral or written understanding or representations with respect to matters covered hereunder. Since the Parties or their agents have participated fully in the preparation of this Letter Agreement, the language of this Letter Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. The captions of the various paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Letter Agreement. Contractor warrants that the individual who has signed this Letter Agreement has the legal power, right and authority to make this Letter Agreement and bind the Contractor hereto. If you agree with the terms of this Letter Agreement, please indicate by signing and dating two originals where indicated below and return both to the undersigned. Once the documents are fully executed, one original will be returned to you for your records. Blais & Associates Grant Research and Monitoring Services July 1, 2020 Page 5 of 6 45635.01000\8513162.1 [SIGNATURES ON NEXT PAGE] Blais & Associates Grant Research and Monitoring Services July 1, 2020 Page 6 of 6 45635.01000\8513162.1 CITY OF AZUSA BLAIS & ASSOCIATES Approved by: Reviewed and Accepted by Contractor: Sergio Gonzalez, City Manager Signature Attest: Name City Clerk Title Approved as to Form: Date Best Best & Krieger LLP City Attorney