HomeMy WebLinkAboutRMC; 2012-01-06; UTIL856AGREEMENT FOR GRANT APPLICATION SERVICES UTIL856
(RMO)
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THIS AGREEMENT is made and entered into as of the O' day of
^J , 20 /JU, by and between the CARLSBAD MUNICIPAL WATER
DISTRICT, a Pu6lic Agency organized under the Municipal Water Act of 1911, and a Subsidiary
District of the City of Carlsbad, referred to as ("CMWD"), and RMC, a California corporation,
("Contractor").
RECITALS
CMWD requires the professional services of a grant writer that is experienced in
preparing federal grant applications. Contractor has the necessary experience in providing these
professional services, has submitted a proposal to CMWD and has affirmed its willingness and
ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. Scope of Work. CMWD retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2. Term. This Agreement will be effective for a period of one (1) year from the date first
above written.
3. Compensation. The total fee payable for the Services to be performed will be not to
exceed nine thousand seven hundred fifty dollars ($9,750). No other compensation for the
Services will be allowed except for items covered by subsequent amendments to this
Agreement. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has
accepted the work and/or the Services specified in Exhibit "A."
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of CMWD.
Contractor will be under the control of CMWD only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the peri'ormance of the work described herein
caused by any negligence, recklessness, or willful misconduct of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable.
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-administered
workers' compensation is included as a loss, expense or cost for the purposes of this section,
and that this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, a combined policy of workers' compensation,
employers liability insurance, and professional liability insurance from an insurance company
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A- VII OR with a surplus line insurer on the State of
General Counsel Approved Version #05.06.08
California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide
of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless
otherwise authorized and approved by the General Counsel or the Executive Manager.
Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written
as claims-made coverage. The insurance will be in force during the life of this Agreement and
will not be canceled without thirty (30) days prior written notice to the CMWD by certified mail.
CMWD and the City of Carlsbad will be named as additional insureds on General and
Automobile liability. Contractor will furnish certificates of insurance to CMWD, with
endorsements to CMWD prior to CMWD's execution of this Agreement.
7. Conflict of Interest. CMWD will evaluate Contractor's duties pursuant to this Agreement
to determine whether disclosure under the Political Reform Act and CMWD's Conflict of Interest
Code is required of Contractor or any of Contractor's employees, agents or subcontractors.
Should it be determined that disclosure is required. Contractor or Contractor's employees,
agents, or subcontractors will complete and file with the Secretary of the Board those schedules
specified by CMWD and contained in the Statement of Economic Interests Form 700.
8. Compliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
9. Termination. CMWD or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. CMWD will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
10. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et
seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
Carlsbad Municipal Water District to terminate this Agreement.
11. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
12. Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
monies due or to become due under it, without the prior written consent of CMWD.
13. Amendments. This Agreement may be amended by mutual consent of CMWD and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
General Counsel Approved Version #05.06.08
14. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CONTRACTOR CARLSBAD MUNICIPAL WATER
RMC, a California corporation DISTRICT, a Public Agency organized
under the Municipal Water Act of 1911,
^^'y^ . A_-<ss^ / n ^ Subsidiary District of the City of
y^^2^ /2^/^ /^'^.y^lfL^-'iMz^^ Carlsbad
(sign here)
By.
(print name/title) Executive Manager or Designee
(e-mail address)
*By:-
(sign tiere)
' (print name/titlW)
(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each ofthe
following two groups.
*Group A: '**Group B:
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By:.
Deputy General Counsel
General Counsel Approved Version #05.06.08
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On lz-\^-u
Date
before me,
}
Here InserTNaiie and Title of the Officer
personally appeared.
Name(s) of Signer(s) " T"
ERM K. PAYNE
Coimnistion # 1837843
Notary Public • California
y Contra Costa County _
Mv Comm. Expires Feb 22.2013f
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/sl^/they executed the same in hta/hefi'their authorized
capacity(ies), and that by his/hef/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
Place Notary Seal Above
WITNESS
Signature
OPTIONAL -
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: ^j/^ Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name;
• Individual
W Corporate Officer — Title(s): Sg. VP
• Partner — • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
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Signer's Name:
• Individual
.^'Corporate Officer — Title(s):
• Partner — • Limited • General
• Attorney In Fact
• Trustee
• Guardian or Conservator
• Other:
RIGHTTHUMBPRINT
OF SIGNER
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Signer Is Representing:.
'National Notary Association • 9350 De Soto Ave., P.O.Box 2402 • Ctiatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: CallToll-Free 1-800-876-6827
EXHIBIT A
Water and Bnvinnment
4225 Executive Square
Suite 750
San Diego,CA 92037
ph: 858.875.7400
fax: 858.875.7401
www.rrncwater.com
Innovative Solutions for
Water and the Environment
December 2, 2011
Mr. Bill Plummer
Deputy City Engineer
Carlsbad Municipal Water District
1635 Faraday Avenue
Carlsbad, CA 92008
Subject: Proposal for WaterSMART: Water and Energy Efficiency Grant
Support
Dear Mr. Plummer:
Thank you for the opportunity to submit this letter proposal for provision of support to
the Carlsbad Municipal Water District (Carlsbad) on the WaterSMART: Water and
Energy Efficiency Grant. RMC's in-depth understanding of Bureau of Reclamation
grant programs, our technical expertise, and our
innovative approaches to project development
have helped Califomia agencies and
municipalities obtain over $488 iTiillion for
water resources, recycled water, and watershed
management projects over the past 10 years,
including $49 million within the San Diego
region. RMC works closely with our clients and
stakeholders to develop well-supported grant
proposals that are based on a thorough understanding of the needs of our clients,
expectations of funding agencies, and specific program requirements.
RMC's approach to grant applications ensures that proposed projects are as
competitive as possible and includes:
• A clear strategy to maximize points in the application, based on a thorough
understanding of the grant requirements and guidelines,
• Engaging with staff at the funding agencies to specifically craft the application
for the particular project to best reflect the grant's intent, and
• A team and other firm resources with demonstrated success in preparing
successful grant applications.
RMC UNDERSTANDS THE
GRANT FUNDING PROCESS
• 80+ Funding applications
• 38 Clients
• 12 Funding programs
• 5 Funding agencies
• $488+ million obtained
December 2, 2011
Page 2 of 5
Project Understanding
The purpose of the WaterSMART: Water and Energy Efficiency grant fiinding opportunity is to leverage
local resources to conserve and use water more efficiently, increase the use of renewable energy and
improve energy efficiency, benefit endangered and threatened species, facilitate water markets, and/or
carry out other activities to address climate-related impacts on water or prevent any water-related crisis
or conflict.
States, Native American tribes, irrigation districts, water districts, and other organizations with water or
power delivery authority are eligible to apply for funding. Eligible projects include those that result in
quantifiable and sustained water savings or improved water management; increase the use of renewable
energy sources in the management and delivery of water and/or projects that upgrade existing water
management facilities resulting in quantifiable and sustained energy savings; benefit federally listed
species (threatened or endangered) or designated critical habitat affected by a Reclamation facility or
action; and/or implement or use water markets to make water available to meet other existing water
supply needs or uses. Renewable energy projects, such as the Pressure Control Hydroelectric Facility at
Maerkle Reservoir, are eligible for funding under Task B.
For this round ofthe WaterSMART grants (FOA No. R12SF80049), we anticipate that the Bureau of
Reclamation will receive a number of highly competitive applications. The availability of up to
$300,000 for Funding Group I (for small projects completed within 2 years) and $1.5 million [$750,000
in FY 2012] for Funding Group II (for larger, phased projects completed within 3 years) makes this
program attractive to a number of agencies.
Based on our experience with past WaterSMART grants, RMC approaches each grant application by
developing a scoring analysis of the proposed project, anticipating the score we will need to achieve to
be successful. This analysis is based on our review ofthe WaterSMART Funding Opportunity
Announcement, our in-depth understanding of Bureau of Reclamation and its grant programs, and recent
discussions we have had with Bureau of Reclamation's WaterSMART program managers. For the
current solicitation (see Table 1), RMC believes that the most critical parts of Carlsbad's application will
be:
1) Showing that the project will result in quantifiable water savings and improved efficiency due to
installation of hydroelectric facilities - this is a critical component of grant scoring and the
Pressure Control Hydroelectric Facility at Maerkle Reservoir may need to be modified to ensure
competitiveness.
2) Showing that the project will include construction or installation of renewable energy
components - this has been sufficiently documented in the 2011 application.
3) Showing that the project will result in additional benefits within the water basin - the grant
application must more persuasively describe project benefits associated with reduced water
imports, collaboration, and water/energy awareness.
RMC has assembled a team that has proven successful at preparing complicated grant applications such
as this one to position the proposed project as well as possible. To address the critical aspects of each
application, RMC proposes the following approach to preparing the application.
December 2, 2011
Page 3 of 5
Table 1: Scoring for WaterSMART: Water and Energy Efficiency
Grant Opportunity
Scoring Criterion Maximum
Score
Notes on Criterion
Criterion A: Water Conservation 32 total
• Subcriterion A. 1: Water
Conservation
32 Points may be awarded for a proposal that will conserve
water and improve efficiency
o Subcriterion A.la: Quantifiable
Water Savings
20 Points may be allocated based on the quantifiable water
savings expected as a result ofthe project
o Subcriterion A. lb: Improved
Water Management
5 (up to 20 per
A. la)
Points may be awarded if the proposal will improve
water management through measurement, automation,
advanced water measurement systems; implementation
of a renewable energy project; or other approaches
where water savings are not quantifiable
• Subcriterion A.2: Percentage of
Total Supply
8 Points may be allocated based on the percentage of the
applicant's total average water supply that will be
conserved directly as a result ofthe project
• Subcriterion A.3: Reasonableness
of Costs
4 Points may be awarded based on the reasonableness of
the cost for the benefits gained
Criterion B: Energy-Water Nexus 16 total Points may be awarded based on the extent to which the
project increases the use of renewable energy or
otherwise results in increased energy efficiency
• Subcriterion B. 1: Implementing
Renewable Energy Projects
Related to Water Management
and Delivery
16 Points may be awarded for projects that include
construction or installation of renewable energy
components
• Subcriterion B.2: Increasing
Energy Efficiency in Water
Management
4(ifnotB.l) Points may be awarded for projects that address energy
demands by retrofitting equipment to increase energy
efficiency and/or water conservation improvements that
result in reduced pumping or diversions
Criterion C: Benefits to Endangered
Species
12 total Points may be awarded for projects that will benefit
federally-recognized candidate species; accelerate the
recovery of threatened or endangered species; or address
designated critical habitat
Criterion D: Water Marketing 12 total Points may be awarded for projects that propose water
marketing elements, with maximum points for projects
that establish a new water market
Criterion E: Otiier Contributions to
Water Supply Sustainability
14 total Points may be awarded for projects that contribute to a
more sustainable water supply in ways not covered by
other criteria
Criterion F: Implementation and
Results
10 total „ .... 1
• Subcriterion F. 1: Project Plarming 10(forF.l-F.3) Points may be awarded for proposals with planning
efforts that provide support for the proposed project
• Subcriterion F.2: Readiness to
Proceed
10(forF.l-F.3) Points may be awarded based upon the extent to which
the proposed project is capable of proceeding upon
entering into a financial assistance agreement
• Subcriterion F.3: Performance
Measures
10(forF.l-F.3) Points may be awarded based on the description and
development of performance measures to quantify actual
pr^ct benefitsjag^on£om£letion^
Criterion G: Connection to
Reclamation Project Activities
4 total Points may be awarded if the proposed project is in a
basin with connections to Reclamation project activities
TOTAL 100
December 2, 2011
Page 4 of 5
Proposed Approach
RMC's overall approach to helping Carlsbad acquire grants would entail providing grant development
and project development support in parallel, as illustrated below.
Grant
Developmmt
Technical
Development
Identify grant
opportunity
Develop project
concept
Position project
writh {^nting
autiiority
Develop technical
feasibility and
supporting info
Secure matching
funds and other
support
Step 1: Tecfinical Development
Dozens of water system programs and projects have been developed throughout the State, many seeking
grant funding support. Although projects are generally developed and engineered to meet a particular
need for a particular agency, this does not always ensure that the projects are consistent with the goals
and objectives of particular grant programs. RMC's approach to reviewing, modifying, and developing
water system projects includes:
• Reviewing grant solicitation materials, including project qualification requirements
• Developing a scoring analysis ofthe proposed project to determine its likelihood of success in
the upcoming grant solicitation
• Identifying modifications to the proposed project that will improve the chances to secure
funding, including technical modifications and partnerships
• Meeting with Carlsbad staff to discuss the City's ability to refine the proposed project in order to
increase competitiveness
Step 2: Grant Development
If Carlsbad determines that the project can be modified to be more competitive, then RMC will proceed
with grant development tasks. The grant writing process includes developing information about the
proposed project that will gamer points with the grant entity. This effort must be accomplished in a tight
timeline to meet grant application deadlines, which are often short. RMC's approach to helping Carlsbad
staff write and submit successful technical grants includes:
• Meeting with Carlsbad staff to discuss grant application data needs, review provided materials
(background materials and 2011 grant application), and discuss draft materials
• Revising the 2011 grant application to reflect current solicitation, including technical proposal,
budget, maps, and attachments
• Producing a digital (DOC and PDF) copies ofthe completed grant application
• Support for upload of grant application materials to grantee websites
Carlsbad will be responsible for providing background materials, planning studies, and relevant plans
and specifications describing the proposed project for the grant application, as well as submittal ofthe
grant application to Reclamation. RMC will be responsible for overall coordination and production of
the grant application.
December 2, 2011
Page 5 of 5
Project Schedule
For the WaterSMART: Water and Energy Efficiency solicitation, RMC proposes to complete the draft
grant application for Carlsbad staff review by January 4, 2012 and the final application for submittal by
January 18, 2012 (due to Reclamation by January 19, 2012).
Week of Dec 5 Dec 12 Dec 19 Dec 26 Jan 2 Jan 9 Jan 16
Notice to Proceed
Step 1: Technical Development
City to Provide Materials
Step 2: Grant Development
City to Review Draft Submittal
Prepare Final Submittal
Fee Estimate
RMC proposes to assist Carlsbad to complete the grant application for a not to exceed amount of $9,750
(see Attachment A). RMC proposes to bill on a time and materials basis according to our 2011
standard rate sheet.
Thank you for the opportunity to submit this proposal; we look forward to your review and feedback. If
you have any questions, please contact me at (858) 875-7420.
Sincerely,
Rosalyn Prickett, AICP
Project Manager
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