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HomeMy WebLinkAboutMendocino County Resource Conservation District 2019-07-08July 8, 2019 Megan McCluer, Executive Director Mendocino County Resource Conservation District 410 Jones Street, Suite C-3 Ukiah, CA 95482 Dear Ms. McCluer, cou No. C 1 d C City of Ukiah This letter contains the agreement between the City of Ukiah ("the City") and the Mendocino County Resource Conservation District as an independent contractor to assist the City with grant application development and submittal. Description of Work: Megan McCluer, Executive Director, will provide project management contract services as further described in the Scope of Work attached as Exhibit A. If you anticipate that any task will cost more than estimated, you will contact the City for permission to exceed the estimate. 1. Effective Date and Duration: The provisions of this letter will become effective upon signing, and will govern the Work. 2. Rate; Billing: The amount you are to be paid for the Work will be paid on a per hour basis as set for the in Exhibits A, not to exceed $9,530.00. You will bill us when the work is completed. 3. Indemnity; Insurance: You agree to indemnify, hold harmless and defend the City and its officers, agents and employees from and against any and all claims, demands, injuries, losses, expenses (including attorneys' fees, litigation costs and expenses), damages and liability arising from or relating to: (a) any breach by you of the terms of this letter; and (b) any actual or alleged act or omission by you in performing the Work. You represent to City that you have in place general liability and property damage insurance policies consistent with prevailing practices in your profession, occupation or line of work. You will carry general liability and automobile liability insurance in the amount of $1,000,000. In the event you fail to carry such insurance or such insurance coverage lapses while this Agreement is in effect, you shall indemnify and hold harmless the City, its agents and employees, from and against any such damages, claims, and expenses arising out of or resulting from work conducted by you and your agents or employees, including specifically, but not limited to, any copyright infringement or defamation claims arising out of the work to be performed hereunder. You will provide the City with proof of the above-described insurance coverage on an Accord Form Certificate of Insurance prior to commencing the Work. 4. Compliance with Laws; Governing Law: You agree to comply with all applicable federal, state and local laws, rules and regulations in performing the Work. The laws of the State of California will govern this letter. 300 Seminary Avenue • Ukiah • CA • 95482-5400 Phone: (707)463-6200 • Fax: (707)463-6204 .www.cityofukiah.com 5. Complete Agreement; Enforcement: This letter contains our complete agreement, and may not be modified except in writing, signed by both you and City. In any action to enforce this letter, the prevailing party is entitled to recover attorneys' fees and costs as part of such action. 6. Assignment and Delegation: You will not assign, subcontract or transfer any interest in or duty under this letter without City's prior written consent. 7. Independent Contractor; Taxes: You will perform the Work hereunder as an independent contractor and you will be solely responsible for (and will indemnify and hold City harmless from and against) any and all state, federal, unemployment insurance, social security, income and other taxes assessed on the payments made under this letter. 8. Standard of Care: You represent to City that you have the necessary licenses and expertise to complete the Work and will perform the Work in a good and workmanlike manner, consistent with accepted professional standards and practices. 9. Termination: This agreement may be terminated by either party upon two business day's written notice. All services performed prior to notice will be paid. 10. Time is of the Essence. You understand that time is of the essence of this letter and that City is relying on the timely delivery and performance by you of the Work. 11. Primary Contact: Your primary contact at City for the Work is Maya Simerson, whose telephone number is (707) 367-0699. 12. Simultaneously with your execution of this Agreement, and prior to City's payment of any amounts to you under this Agreement, you will execute and return to City a properly filled in and signed IRS Form W-9. 13. The auditors of the State of California retain the right to examine the records of the subcontractor relative to the services and materials provided under the grant. We look forward to working with you on this project. Thank you for your willingness to assist us with the Doolan Canyon grant writing project. Sincerely, � age SarSgiacomo City Manager, City of Ukiah ACCEPTED AND AGR ED TO: Date: Contra •r, Mendocino urce Conservation District Megan M luer, Executive Director Federal Taxpayer ID No: 68-0060208 Exhibit A Scope of Work Doolan Creek Watershed Acquisition and Protection Project 2019 Title: Doolan Canyon Protection Project Purpose The City of Ukiah intends to submit a grant application to funding sources associated with Propositions 1 and 68 to acquire approximately 700 acres in the mountains west of the city limits in order to protect water quality, fish and wildlife habitat, and improve fire preparedness. Mendocino County Resource Conservation District (MCRCD) staff will work with City of Ukiah staff, CDFW representatives, and the Mendocino Land Trust to compile information and draft a grant application according to the formats defined in the requests for proposals (RFP) from Propositions 1 and 68. MCRCD assumes no responsibility or guarantee for the successful award of grant funding as an outcome of this Agreement For Services. Such awards are competitive and subject to a review process that often receives requests for more grant dollars than are available for distribution. MCRCD will however, produce a draft grant application that addresses all RFP components to the fullest extent possible to ensure the best opportunity for successful review and funding approval. Definition of Services MCRCD shall provide the following services for the Doolan Creek Watershed Acquisition and Protection Project: 1. Review and interpret grant guidelines and gather materials and information to complete the grant application; 2. Prepare the grant application and supporting documents to ensure compliance with all grant funding requirements; 3. Schedule and facilitate meetings for grant development as necessary; 4. Prepare drafts and coordinate review of draft grant applications with City staff; 5. Develop language for grant application narratives and data; 6. Prepare grant application, budget, and other supplemental documents as necessary for the application; 7. Outreach to stakeholders and landowners to obtain data, signatures, and/or forms as necessary; 8. Provide consultation to the City of Ukiah relating to any aspect of the grant requirements. Rate Schedule Doolan Canyon Acquisition and Protection Project MCRCD Personnel Executive Director Conservation Programs Manager Fisheries Biologist Business Manager Budget Rate Amount 110.00 40.00 110.00 16.00 100.00 32.00 85.00 2.00 Total 4,400.00 1,760.00 3,200.00 170.00 Total 9,530.00