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HomeMy WebLinkAbout1981-01-20; City Council; Resolution 64251 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6425 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH INTER- NATIONAL SYSTEM, INC. FOR GRANT ASSISTANCE AND MAKING A FUND TRANSFER. WHEREAS, the City of Carlsbad is desirous of securing infor- mation, research, and technical assistance in identifying and applying for grant programs; and WHEREAS, International Systems Inc. (ISI) has proposed to provide the services desired by the City; and WHEREAS, the services desired by the City only appear available from ISI. THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That agreement between the City of Carlsbad and IS1 attached hereto as Attachment A is hereby approved. 2. That the Mayor is hereby directed to sign this agreement on behalf of the City. 3. That services to be provided pursuant to the Agreement can only be obtained from one vendor and bidding procedures are hereby dispensed with in accordance with Section 3,28.090(3) of the Carlsbad Municipal Code. 4. That twenty-two thousand five-hundred dollars ($22,500) is hereby transferred from the Contingency Reserve to General Government Administration - Professional Services Account. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 20th day Of JWy 8 1981 by the /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1& 19 2c 21 2% 22 24 25 26 27 28 f o 11 owing AYES vote, to wit: Council Members P NOES : None ABSENT: None zkard, Casler, Anear, Lewis and Kulchin RONALD C. PACKARD, Mayor ATTEST : ( SEAL) ATTACHMENT A to Resolution No. 6425 0 AGREEMENT ' BETWEEN INTERNATIONAL SYSTEMS, INC. ' AND CITY OF CARLSBAD, CALIFORBJIA THIS AGREEPTENT, made and entered into between INTERNATIONAL (hereinafter referred to as 11~~~~~~1') . SYSTEMS, INC. $hereinafter referred to as "ISI") and Carlsbad, Cali orma W I T N E S S E T H: ___------- WHEREAS, IS1 is in the business of providing professional assistance, i.ncluding information, research, technical assistance, and grant application preparation to governmental authorities to determine the availability of, and to assist in securing additional federal, state, and private foundation grants and , .* .loans; and IS1 to obtain professional assistance, and to determine the availability of and to secure additional federal, state, and private foundation grants and loans; mutual covenants herein contained, a.s follows: WHEREAS, CLIENT is desirous of 'engaging the services of NOW, THEREFORE, in consideration of the promises and the parties hereto agree 1. TERM. This Agreement will become effective as of the date on which the.latter.of the parties hereto executes this Aureement and shall remain in effect until the 365th day thereafter, -I except as otherwise provided herein. 2. SERVICES. IS1 will provide the CLIENT with the following services (hereinafter collectively referred to as the I' Services" ) : A. to' ISI's profile questionnaire; B. current information on grant and loan programs; c Computerized grant scan based on the CLIENT'S answers Monthly newsletter, or "grant grams", to provide C. private foundation grant and loans of particular interest to the CLIENT; D. Unlimited access via toll free WATS line by the CLIENT to ISI's program specialists and research and information staffs; Special detailed reports on federal, state, and .. 0 -2- E. Unlimited access to ISI's Washington office for the purpose of monitoring all pertinent legislation relative to CLIENT's needs; F. Assj-gnment of IS1 personal representative to coordinate CLIENT's requests and needs with IS1 program specialists, research and information staffs located in Atlanta and Washington, D. C. offices; G. Technical assistance in all federal, state, and private foundation grant and loan applications prepared by the CLIENT's staff, if requested in a reasonable period of time prior to submission; H. Preparation of all federal, state, and private foundation grant and loan applications the CLIENT authorizes IS1 to prepare which the IS1 staff determines to have a good probability of being approved; and I. At no additional cost, continuous preparation of all 1 federal, state, and private foundation grant and loan applications that the CLIENT authorizes IS1 to prepare which the IS1 staff determines to have a good probability of being approved, even after grants have been approved for CLIENT and the terms of the guarantee have been satisfied, .3. ,I COMPENSATION. In consideration for the Services rendered by ISC CLIENT agrees to pay IS1 an annual fee of $ 22,500.00 ". . Fee to be paid as follows: $11,250 when the agreen-tent is slgnedl $5,625 three mo.nths from the date the agreement is signed, and $5,625 six months from the date the agreement is signed. 4. GUARANTEE. IS1 agrees that if, as a result of the -Services performed by ISI, the CLIENT does not receive revenues or "approved grants", as hereinafter defined, in an amount at least equal to the compensation set forth in Paragraph 3, above, during the one year period in which the Agreement is in effect, IS1 will continue to provide Services to the CLIENT at no additional cost for up to an additional twenty-four (24) months or until revenues are received or grants are approved in at least the amount of the fee. twenty-four (24) month period, no revenues have been received or grants approved in excess of the fee paid, IS1 will refund the difference between the fee paid and the revenues received or grant applications approved, provided the CLIENT meets the affirmative obligations listed in Section 5 of this Agreement, and no grants are still pending. If at the end of the additional -3- 0 should IS1 reach the conclusion that IS1 is unable to generate any revenues or "approved grants" on behalf of the CLIENT, IS1 will refund the difference between the fee paid and the revenues received or grant applications approved. Revenues received by the CLIENT from grants currently being received by the CLIENT without IS1 assistance are not to be computed in determining the -new+revenues or "approved grants" identified above. 5. AFFIRMATIVE OBLIGATIONS. A. IS1 agrees to pursue only those funding programs which the CLIENT'S "official" representative directs IS1 to pursue. IS1 wil1,identify those funding programs which it believes are capable of generating revenues for the CLIENT and the .CLIENT shall respond in writing within 20, days from .receipt of said notice and direct IS1 to either proceed to .pur sue those programs or not to proceed to pursue those programs. B. The CLIENT shall, on the date of the execution of this Agreement, designate at least one person to act as its "official representative", which representative shall have complete authority to transact business with ISI. C. IS1 shall be granted reasonable direct access to the "official .,.epresentative" and the CLIENT'S elected officials for the purpose of obtaining decisions and makinq reqular .progress reports. D. The CLIENT shall use its best efforts to cooperate with IS1 in the furnishing of all documents, financial information and other materials necessary for IS1 to perform its Services for the CLIENT, and will, upon demand by ISI, provide a list of all grants and loans received by the CLIENT. 6. DEFINITIONS. For the purpose of this Agreement, the following definitions shall apply: A. "Approved grants" shall mean those funds which, though not yet received by the CLIENT, have been approved by the disbursing authority. B. 0 f f ic i a 1 representative" shall mean that individual designated by the CLIENT to transact business with ISI, which individual shall have canplete authority to represent and bind the CLIENT. ,I , .- -4- 7. MISCELLANEOUS. A. This Agreement contains all of the terms and B. Every notice, request, or statement provided for conditions agreed upon by the parties., in this Agreement, shall be in writing directed to the party to whom delivered at such party's address as follows: rf to ISI: International Systems, Inc. 2580 Cumberland Parkway, Suite 270 . Atlanta, Georsia 30082 If to CLIENT: CITY mnbAGER, z= IN WITNESS WHEREOF, the parties have hereto executed this Agreement on the dates indicated below.