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HomeMy WebLinkAboutDocumentation_Regular_Tab 10_10/8/2020 Agenda Item #10. Regular Council STAFF MEMO a Meeting: Regular Council - Oct 08 2020 Staff Contact: Jeremy Allen, Village Manager Department: Manager Consider Amendment to Agreement For Grant Writing Services For consideration is an amended agreement for the previously approved agreement for Grant Writing Services that was before council in August, 2020. The previous agreement for services did not include an hourly rate for service. We have included language that allows staff to set a "not to exceed amount". Section 2: Compensation D. Five hundred dollars ($500) per grant, plus: • Tierl Grants: Fifty-Five dollars ($55.00) per hour • Tier 2 Grants — large grants (generally State and Federal): Total "not to exceed amount" to negotiated by the Contractor and the Village Manager or designee prior to starting work on the grant Grant Writing Services (002) Page 69 of 640 Agenda Item #10. VILLAGE OF TEQUESTA AGREEMENT FOR GRANT WRITING SERVICES THIS AGREEMENT FOR GRANT WRITING SERVICES is entered into and effective this day of July, 2020 (the `Effective Date"), by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive, Tequesta,Florida 33469,organized and existing in accordance with the laws of the State of Florida, hereinafter the "Village"; and CYNTHIA MCDONALD, a professional grant writer in her individual capacity, with offices located at 18252 SE Heritage Drive, Tequesta, Florida 33469, hereinafter the "Contractor" and collectively with the Village, the "Parties". WITNESSETH The Village and the Contractor, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both Parties, hereby agree as follows: 1. SCOPE OF SERVICES: The Parties hereby agree to enter into this Agreement whereby the Contractor shall provide the following grant research and writing services, pursuant to all applicable statutory, licensing and Village code requirements: A. Research potential government, private, community, and foundation sources for potential funding matches. B. Obtain proposal guidelines and applications; establish contact with the funder and attend potential funding meetings. C. Upon receipt of all pertinent information from the Village: write and edit grant proposals, letters of intent and online submissions (including needs statement research, recommendation of objectives, and outcomes and evaluation techniques), and package and/or electronically submit applications on behalf of the Village. D. Create evaluation tools and prepare funder reports, as needed. 2. COMPENSATION: In consideration for the above Scope of Services, pricing shall be pursuant to the fee and cost structure listed below: A. Two hundred fifty dollars ($250.00) for initial research. This includes locating twenty (20) foundations that are a funding match for the Village. Page 1 of 7 Page 70 of 640 Agenda Item #10. B. Seventy-five dollars ($75.00)per letter of intent. C. Three hundred dollars($300)per grant,for`small' grants. This generally includes grants from county or local governments, as well as grants from any community, private, or corporate foundation. D. Five hundred dollars ($500) per grant, plus Fifty-Five dollars ($55.00) per hour with a total "not to exceed amount" to be determined and agreed to by the Contractor and the Village Manager or designee prior to starting work,for`large' grants. This generally includes grants from state or federal governments. E. The final determination of whether any particular grant application is for a`small' grant or a `large' grant shall be made by the Village Manager or designee on a case by case basis, considering the size of the grant as well as the length and complexity of the grant application, and after consultation with the Contractor. F. In the event that any particular grant application requires the Contractor to attend mandatory training in order to complete and submit a grant application, the Village will pay the Contractor Fifty-Five dollars($55.00)per hour for attendance at such training. The Village does not pay for travel to or from such training. 3. GUARANTEES: The Contractor shall use all resources at the Contractor's disposal to perform duties as assigned and agreed to by both Parties and shall submit same in good faith. However, no guarantee of receipt of funding by the Village is implied or promised by the Contractor. Payment is due even if the Village does not submit a proposal or receive a grant. In addition, the Parties recognize that performance of the aforementioned Scope of Services necessitates communication and information exchange between the Parties and with funders, and that delay in completing tasks associated with said performance may occur if there are delays in information exchange. The Village also recognizes that, if grants are received, the Village is responsible for any acknowledgements and reports to funders. 4. INDEPENDENT CONTRACTOR: It is specifically understood that the Contractor is an independent contractor and not an employee of the Village. Both the Village and the Contractor agree that this Agreement is not a contract for employment and that no relationship of employee—employer or principal—agent is or shall be created hereby,nor shall hereafter exist by reason of the performance of the services herein provided. The Contractor is responsible for the payment of all federal, state, and local income taxes generated pursuant to this Agreement. Page 2 of 7 Page 71 of 640 Agenda Item #10. 5. TERM; TERMINATION; NOTICE: This Agreement shall be for a term of one (1) year commencing on the Effective Date and shall automatically renew for additional one (1) year terms unless either party terminates this Agreement. This Agreement may be terminated by either party upon fourteen (14) days written notice to the other party. Notice shall be considered sufficient when sent by certified mail or hand delivered to the Parties during regular business hours at the following addresses: Village Contractor Village of Tequesta Cynthia McDonald 345 Tequesta Drive 18252 SE Heritage Drive Tequesta, FL 33469 Tequesta, FL 33469 Attn: Jeremy Allen, Attn: Cynthia McDonald Village Manager 6. INDEMNIFICATION: The Contractor shall at all times indemnify, defend and hold harmless the Village,its agents, servants, and employees,from and against any claim,demand or cause of action of whatsoever kind or nature, arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, its agents, servants, or employees in the performance of services under this Agreement. Nothing contained in this provision shall be construed or interpreted as consent by the Village to be sued, nor as a waiver of sovereign immunity beyond the waiver provided in Section 768.28,Florida Statutes. 7. PUBLIC ENTITIES CRIMES ACT: As provided in Sections 287.132-133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the Contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within thirty-six(36)months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a),Florida Statutes. 8. INSPECTOR GENERAL: Pursuant to Article XII of the Palm Beach County Charter, the Office of the Inspector General has jurisdiction to investigate municipal matters, review and audit municipal contracts and other transactions, and make reports and recommendations to municipal governing bodies based on such audits, reviews, or investigations. All parties doing business with the Village shall fully cooperate with the inspector general in the Page 3 of 7 Page 72 of 640 Agenda Item #10. exercise of the inspector general's functions, authority, and power. The inspector general has the power to take sworn statements, require the production of records, and to audit, monitor, investigate and inspect the activities of the Village, as well as contractors and lobbyists of the Village in order to detect, deter,prevent, and eradicate fraud,waste, mismanagement,misconduct, and abuses. 9. SCRUTINIZED COMPANIES: For Contracts under $1M, the Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes, if the Contractor has been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes, or if Contractor is engaged in a boycott of Israel. For Contracts over $1M, the Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes. The Contractor further certifies that it is not engaged in a boycott of Israel, and that it does not have business operations in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The Village may terminate this Agreement at the Village's option if the Contractor is found to have submitted a false certification as provided under Section 287.135(5), Florida Statutes or if the Contractor has been placed on one of the aforementioned lists created pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may terminate this Agreement at the Village's option if the Contractor is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria, as defined in Section 287.135,Florida Statutes. 10. ATTORNEY'S FEES: In the event a dispute arises concerning this Agreement, the prevailing party shall be awarded attorney's fees, including fees on appeal. 11. FORCE MAJEURE: The Contractor shall not be considered in default by reason of any failure in performance under this Agreement if such failure arises out of causes reasonably beyond the control of the Contractor or its subcontractors and without their fault or negligence. Such causes include but are not limited to: acts of God; acts of war; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Page 4 of 7 Page 73 of 640 Agenda Item #10. 12. CHOICE OF LAW; VENUE: This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and venue shall be in Palm Beach County should any dispute arise with regard to this Agreement. 13. AMENDMENTS AND ASSIGNMENTS:This Agreement, any Exhibits attached hereto, and required insurance certificates constitute the entire Agreement between both Parties; no modifications shall be made to this Agreement unless in writing, agreed to by both Parties, and attached hereto as an addendum to this Agreement. The Contractor shall not transfer or assign the provision of services called for in this Agreement without prior written consent of the Village. 14. PUBLIC RECORDS: In accordance with Section 119.0701,Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in Scope of Services. Upon request from the Village's custodian of public records, the Contractor must provide the Village with copies of requested records, or allow such records to be inspected or copied, within a reasonable time in accordance with access and cost requirements of Chapter 119, Florida Statutes. A Contractor who fails to provide the public records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attorney's fees and costs pursuant to Section 119.0701,Florida Statutes, and other penalties under Section 119.10, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the provision of services contemplated herein are not disclosed except as authorized by law for the duration of the Agreement term, and following completion of the Agreement if the Contractor does not transfer the records to the Village. Finally, upon completion of the Agreement, the Contractor shall transfer, at no cost to the Village, all public records in possession of the Contractor, or keep and maintain public records required by the Village. If the Contractor transfers all public records to the Village upon completion of the Agreement, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. Records that are stored electronically must be provided to the Village, upon request from the Village's custodian of public records,in a format that is compatible with the Village's information technology systems. Page 5 of 7 Page 74 of 640 Agenda Item #10. Additionally,any and all records,including but not limited to reports,surveys,data,and documents, that are provided or prepared by the Contractor in connection with this Agreement shall belong to the Village and shall be furnished by the Contractor to the Village upon request. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-0685, OR AT lmmilliams(4)teguesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. 15. HEADINGS: The headings contained in this Agreement are provided for convenience only and shall not be considered in construing, interpreting or enforcing this Agreement. 16. SEVERABILITY: The invalidity or unenforce ability of any provision of this Agreement shall not affect the validity or enforceability or any other provision of this Agreement and this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision is not contained herein. 17. WAIVER: No waiver by the Village of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by the Contractor of the same, or any other provision or the enforcement hereof. The Village's consent to or approval of any act requiring the Village's consent or approval of any act by the Contractor shall not be deemed to render unnecessary the obtaining of the Village's consent to or approval of any subsequent consent or approval of, whether or not similar to the act so consented or approved. 18. ENTIRE AGREEMENT: This seven(7)page Agreement constitutes the entire agreement between the parties; no modification shall be made to this Agreement unless such modification is in writing, agreed to by both parties and attached hereto as an addendum to this Agreement. Page 6 of 7 Page 75 of 640 Agenda Item #10. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. WITNESSES: Cynthia McDonald, CONTRACTOR By: Cynthia McDonald, in her individual capacity (Corporate Seal) VILLAGE OF TEQUESTA ATTEST: By: Abigail Brennan, Mayor (Seal) Lori McWilliams, MMC Village Clerk Page 7 of 7 Page 76 of 640