AGREEMENT FOR GRANT APPLICATION & MANAGEMENT SERVICES
2021 NSGP DHS/FEMA GRANT.
This agreement is between you (hereinafter the client) and Community Security Organization (CSO) (hereinafter, the consultant) and Chabad Jewish Center of Tamarac with their principal office located at 8100 N. University Dr. Tamarac, FL 33321 (hereinafter, “Client”) for the services contained herein (the “Agreement”).
A) SCOPE OF SERVICES: 2 Parts
Part 1 - Grant Writing - Intake, research, writing, and submission of Grant - Fulfilled by Consultant and/or Consultant’s team/affiliates agree to provide the following services for Client:
i). Research grant specifics and advise the client on how to proceed;
ii). Work with staff to interpret guidelines, and gather material and information necessary for a strong proposal;
(iii) Write a grant proposal as requested in time to meet deadlines, prepare the proposal for submission and submit the proposal to the designated contact at the Florida Department of Emergency Management (FDEM);
(iv) Attend meetings necessary to accomplish the required work; and
(v) Perform administrative tasks and reporting necessary upon grant funding.
When successfully awarded:
Part 2 - Management and Administration of Grant file to reimbursement closing of file - Fulfilled by Consultant - CSO
Client agrees to use Consultant’s approved vendors. These vendors are selected on professionalism, pricing and compliance with NSGP/Grant deadlines. Upon receiving notice of award, a general contractor and Management and Administration agent will be assigned to your file to carry you through from installation, reimbursement and closing of your file.
Scope of Work - You are engaging the consultant for the following services:
Part 1 - Grant Writing and Submission:
Intake - Consultation between you (client) and Consultant (30 minutes)
Writing of the NSGP Grant (30 hours)
Collation of information for the grant (8 hrs)
Submission of the Grant (2hrs)
Part 2 - When Successfully awarded:
The Management and Administration of your grant, file and communications to the State will be handled by the Consultant’s team. This includes training and installation of items through the Consultant’s approved list of general contractors.
Timing of responses and requests
In order to ensure the highest quality of output and the greatest chances of a successful application, communications are limited to email only after that intake period. All emails will be responded to within 48 hrs or less. This is to allow research time and to coordinate with other agencies if needed. This time may be longer based on response times from state, federal or private agencies in reference to your question.
OUT OF SCOPE or other requested communications will be billable at the following rates:
Phone call (after initial intake call) - $125 per hour
Phone text or Whatsapp - $25 per text response or Whatsapp
Email response or request - NO CHARGE for regular interactions. $25 for out of scope communications. Out of scope is defined as not being part of the regular grant process communications.
If a client does not submit requested paperwork on schedule via emails and phone calls must be made to get requested paperwork, the above Schedule B will be referred to.
Any revisions to the agreement after award are out of scope, will extend the time to process the agreement and are considered a deviation. The highly competitive NSGP award is given based on items that have been justified and agreed upon by DHS/FEMA. Any revisions, modifications or changes made AFTER the award has been given will incur a fee of $1500. This covers the administrative costs, forms, communications and processing the adjustment/modification request. Client accepts that a modification/adjustment request is NOT guaranteed to be given approval by DHS/FEMA. CSO reserves the right to terminate the agreement with the client with cause and client will pay CSO its’ full fees.
If client contacts the State Department of Emergency Management, this can cause significant delays & an increased workload to ensure the progress of the grant to closing. If client does initiate or respond without notification to CSO
Client will sign, at time of CSO contract, an authorized signatory form allowing CSO and its’ staff to handle each and every aspect of the grant.
Client holds CSO harmless and releases liability in the instance of acting out of scope of the agreement or the CSO to client process.
CSO is not responsible for the financial management of clients or to ensure the accuracy of funds and payment in the NSGP process, except in the presentation of evidence given by client to be forwarded to the State Dept. of Emergency Management.
(i) Both parties agree not to disclose any information to any third party other than that necessary to apply for and manage the grant and otherwise fulfill their obligations contained in this Agreement. Client specifically acknowledges that it may become aware of certain business practices of Consultant including, but not limited to their methodology, application content and process, management practices, business contacts and other information not publicly available. Client agrees that the above constitutes trade secrets which are specifically protected under the Florida and Federal Trade Secrets Acts and any duplication, use or dissemination of such information may subject them to civil and criminal liability. Consultant agrees not to disclose private information about the Client’s organization or its donors. “Private information” does not include information available in the public domain. Nothing in this agreement shall constitute ownership in, a license to use or right to duplicate or disseminate.
(ii) Consultant’s confidential materials. These materials constitute the intellectual property of Consultant and are protected by State and Federal law, including but not limited to Florida Statute Chapter 688 also known as the Florida Uniform Trade Secrets Act (“FUTSA”). In no event shall said confidential and intellectual property materials be disseminated or distributed in any form to any third party at any time. The Investment Justification document and related documents are proprietary. Under no circumstances will that document be released to client except copies of PG IV showing Authorized Equipment List for reference purposes only. The grant application belongs to CSO and is proprietary information. CSO will release to the client a) with a release form that the clients signs and promises not to share, disclose, divulge or use for grant purposes. Additionally, the client will agree to use CSO exclusively for 5 DHS NSGP grant cycles.
C) COMPENSATION: Client agrees to compensate Consultant as follows (INDICATE YOUR CHOICE BY CLICKING AN OPTION BELOW):
Option 1 -
(i) ($1,000) due at time of signed contract;
(ii) ($1,500) payable on date grant is submitted to the state (usually late Spring);
(iii) ($2,500) payable on date DHS notifies U.S. Congress of grant award recipients (usually early August);
Option 2 -
(i) ($500) payable on the date of the signed contract;
(ii) ($6000) payable on date DHS notifies U.S. Congress of grant award recipients (usually early August);
A valid credit card and authorization form must be on file. Alternatively, checks will be accepted for the payable amounts. Payment must be on file before grant application process begins.
Part 1 - Grant Writing and Submission - This is handled by Consultant. Completes the grant writing documents for submission - which is the grant writing, collation and intake and delivery of the grant to the DEM before the deadline.
Upon being successfully awarded
Part 2 - Management & Administration - This is handled by Consultant once the grant is successfully awarded. This includes : Receipt of contracts with the state, processing of documents and other requested forms, reports and required submissions completed in an expedited fashion. This may involve limited or extended communications with the State of Florida and DHS on a case by case basis. Ends with a completed file, reimbursement check and full compliance in closing your grant.
D) BASIS FOR CONSULTANT FEES: The CLIENT acknowledges that the CONSULTANT’s compensation is based upon, among other factors, the CONSULTANT’s familiarity with the subject matter and application process, including but not limited to minimum requirements, historical information contributing to success in prior grant applications, CONSULTANT’s knowledge of various facts stemming from prior representation of CLIENT and other organizations applying for similar grants; the time and labor involved; novelty or Chabad of Sunrise difficulty of issues presented; results obtained; time limitations imposed by this representation; and the reputation, experience, and ability of the CONSULTANT in performing this type of service. IF THE PAYMENTS LISTED ABOVE ARE NOT PAID BY THE DUE DATE, THEN ALL PREVIOUS AMOUNTS PAID ARE DEEMED EARNED AND CONSULTANT MAY IMMEDIATELY WITHDRAW FROM ANY FURTHER REPRESENTATION OF CLIENT IN THIS MATTER. IF CLIENT BREAKS WITH any PORTION OF THE CONTRACT CLIENT IS OBLIGATED TO PAY CONSULTANT (US$5000) PAYABLE AT TIME CONTRACT IS BROKEN. NOTWITHSTANDING CONSULTANT’S WITHDRAWAL, CLIENT AGREES THAT IF THE CONSULTANT MUST EXPEND ANY FUNDS TO COLLECT CLIENT’S OUTSTANDING DEBT, OR RETAIN THE SERVICES OF AN ATTORNEY, THE CLIENT WILL BE FULLY RESPONSIBLE FOR COSTS OF COLLECTION, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS.
E) INDEPENDENT CONSULTANT Client and Consultant both acknowledge and agree that services rendered under this agreement shall be performed by Consultant as an independent contractor.. Nothing in this Agreement shall create an employer/employee relationship between Client and Consultant. However, Client hereby grants to Consultant the authority to act as agent for the Client for the limited purposes contained herein as more specifically set forth in Addendum 1 to this Agreement which is incorporated herein.
F) NO GUARANTY: The consultant shall perform all duties requested and agreed to by both parties and shall submit work in good faith. However, the Consultant does not imply or promise any guarantee that the grant proposals will be funded. Payment is due as outlined in the Compensation section of this document.
G) MODIFICATION & TERMINATION: This contract may be renegotiated or terminated with cause with 14 days written notice at the request of either party. Client agrees to put in writing the reason for the request of termination or renegotiation so consultant has an opportunity to remedy. Modification & Termination does NOT release client from any obligation to pay consultants full fee as outlined in this agreement.
H) NOTICES: All notices required hereunder shall be given by (i) telephone (confirmed promptly in writing) or shall be in writing and personally delivered, (ii) sent by email (during business hours) if the sender on the same day sends a confirming copy of such notice by reputable overnight delivery service (charges prepaid), (iii) reputable overnight delivery service (charges prepaid) or (iv) certified United States mail, postage prepaid return receipt requested, and addressed to the respective parties at their addresses set forth below, or at such other address as any party shall hereafter inform the other party by written notice given as aforesaid. All written notices so given shall be deemed effective upon receipt.
As to Client: Kopel Silberberg 8100 N. University Dr. Tamarac, FL 33321 954-882-7434
As to Consultant: CSO Grants Division -, 17330 NW 7th Avenue, Suite 50, Miami FL 33169 (305) 200-6222
I) WAIVER. The waiver of the enforcement of any terms or provisions of this Agreement by either party shall not constitute a waiver of any other terms, provisions or remedies contained herein or of the enforceability of this Agreement.
J) SEVERABILITY: Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
K) CHOICE OF LAW: This Contract shall be considered for all purposes a Florida document and shall be construed pursuant to the laws of the State of Florida, and all of its provisions shall be administered according to and its validity shall be determined under the laws of the State of Florida without regard to any conflict or choice of law issues.
L) JURISDICTION AND VENUE: Any disputes arising under or as a result of entering into this Agreement or a violation of its terms shall be resolved via binding arbitration at a standing Orthodox Rabbinical Court in Florida, which will be selected in accordance with Jewish law. Halacha/Jewish Law Advocates may be present at the Rabbinical Arbitration. On behalf of the parties, Attorneys may be present to ensure that the proceedings are conducted in a manner that is such that the decision rendered by the Rabbinical Court shall be enforceable under Florida Law." If a violation cannot be resolved by the Rabbinical Court then it will be heard in the Civil Court of Miami Dade County, Florida.
M) MANAGEMENT & ADMINISTRATION FEES - You may elect to include the grant writing and management & administration fees as set out in option a or option b in this document to be paid within the grant award. This will reduce the award amount that can be applied to equipment, planning and training for your location. You may opt to pay separately. This would be a reimbursement and adherence to the payment schedule would still be necessary for the timely completion of your grant being written and administered. CSO can apply for an advance on your agreement. In that case, you agree to pay CSO its full contract fees at the time of receipt of that advance. Those funds must be held in an interest bearing account per DHS/FEMA regulations.
N) You accept these terms and conditions as binding.