HomeMy WebLinkAboutFederal-Aide Project, #01-5049, Railroad DepotPROGRAM SUPPLEMENT NO. M003 Rev. 1
to
ADMINISTERING AGENCY-STATE AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 01-5049
Date. September 03, 2009
Location : 01-MEN-0-UKI
Project Number: STPLER-5049(013)
E.A. Number: 01-280734
This Program Supplement hereby incorporates the Administering Agency-State Agreement for Federal Aid which was entered into
between the Administering Agency and the State on 07/27/99 and is subject to all the tenns and conditions thereof. This Program
Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No.
t3 0 0 3approved by the Administering Agency on 5 ~ i; (See copy attached).
The Administering Agency fiirther stipulates that as a condition to the payment by State of any Rinds derived from sources noted
below obligated to this project, the Administering Agency accepts and will comply with the Special covenants or Remarks setforth
an the following pages.
PROJECT LOCATION:
at the railroad depot (309 East Perkins Street)
TYPE OF WORK : Depot Restoration
LENGTH: O(MILES)
Estimated Cost
Federal Funds
Matching Funds
BTBO $145,674.00
LOCAL
OTHER
$588,800.00
L220 $201,000.00
$242,126.00
$0.00
$0.00
CITY OF UKIAH
B
STATE OF CALIFORNIA
Department of Transportation
By K--
~~Chief, Office of Project Implementation
Division of Local Assistance
Date U? ! f2 > fj0 9
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer Date 9 ` $346,674.00
1
Chapter Statutes Item Year Progra~m BC Category Fund Source AMOUNT
171 2007 2660-101-890 2007-2008 20.30.600.731 N 228010 892-F
157 2003 2660-102-890 2003-2004 20.30.010.827 C 262042 892-F
106 2001 2660-101-890 2001-2002 20.30.010.827 C 262042 892-F
201,000.00
130,281.00
15,393.00
Program Supplement 01-5049-MO03-R1 ISTEA Page 1 of 6
)1-MEN-O OKI
5 'TPLER-5049(013)
09/03/2009
SPECIAL COVENANTS OR REMARKS
1. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
2. This PROJECT is programmed to receive Federal Transportation
Enhancement Activities (TEA) fund. The ADMINISTERING AGENCY
agrees that any functional or operational change to a TEA
PROJECT, before, during or after PROJECT acquisition and/or
construction, that does not comply with, or is in conflict with,
the TEA program requirements and the original purpose of the
project at the time it was programmed may render the PROJECT
ineligible for Federal reimbursement and ADMINISTERING AGENCY may
be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the TEA fund
contribution, based upon the fair market value of the acquisition
and/or construction, at the time the conflict and/or
non-compliance is determined, whichever is greater.
3. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
six (6) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
Program Supplement 01-5049-M003-R1 ISTEA Page 2 of 6
)1-h4EN-O-IJKI 09/03/2009
,.z
>TPLER-5049(013)
SPECIAL COVENANTS OR REMARKS
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
4. This PROJECT is programmed to receive funding from the State
Transportation Improvement Program (STIP). Funding may be
provided under one or more components. A component(s) specific
fund allocation is required, in addition to other requirements,
before reimbursable work can occur for the component(s)
identified. Each allocation will be assigned an effective date
and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement
of eligible PROJECT expenditures for the component(s) allocated.
The start of reimbursable expenditures is restricted to the later
of either 1) the effective date of the Master Agreement, 2)the
effective date of the PROGRAM SUPPLEMENT, or 3)the effective date
of the component specific allocation.
5. STATE and ADMINISTERING AGENCY agree that additional funds made
available by future allocations will be encumbered on this
PROJECT by use of a STATE approved Allocation Letter and Finance
Letter. ADMINISTERING AGENCY agrees that STATE funds available
for reimbursement will be limited to the amount allocated by the
California Transportation Commission (CTC) and/or the STATE.
6. This PROJECT is subject to the timely use of funds provisions
enacted by Senate Bill 45 (SB 45), approved in 1997, and
subsequent CTC guidelines and State procedures approved by the
CTC and STATE, as outlined below:
Funds allocated for the environmental & permits, plan
specifications & estimate, and right-of-way components are
available for expenditure until the end of the second fiscal year
following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an
Program Supplement 0l-5049-M003-R1 ISTEA Page 3 of 6
)1-MEN-0-UK1
'TPLER-5049(013)
09/03/2009
SPECIAL COVENANTS OR REMARKS
award deadline and contract completion deadline. ADMINISTERING
AGENCY agrees to award the contract within 6 months of the
construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award.
7. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may
approve supplementary allocations, time extensions, and fund
transfers between components. An approved time extension will
revise the timely use of funds criteria, outlined above, for the
component(s) and allocation(s) requested. Approved supplementary
allocations, time extensions, and fund transfers between
components, made after the execution of this PROGRAM SUPPLEMENT
will be documented and considered subject to the terms and
conditions thereof.
Documentation for approved supplementary allocations, time
extensions, and fund transfers between components, will be a
STATE approved Allocation Letter, Fund Transfer Letter, Time
Extension Letter, and Finance Letter, as appropriate.
8. This PROJECT will be administered in accordance with the CTC STIP
guidelines, as adopted or amended, and the STATE Procedures for
Administering Local Grant Projects in the State Transportation
Improvement Program (STIP), the Local Assistance Program
Guidelines, and the Local Assistance Procedures Manual. The
submittal of invoices for project costs shall be in accordance
with the above referenced publications and the following.
9. The ADMINISTERING AGENCY shall invoice STATE for environmental &
permits, plans specifications & estimate, and right-of-way costs
no later than 180 days after the end of last eligible fiscal year
of expenditure. For construction costs, the ADMINISTERING AGENCY
has 180 days after project completion to make the final payment
to the contractor and prepare the final Report of Expenditures
and final invoice, and submit to STATE for verification and
payment.
10.All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
Program Supplement 01-5049-M003-R1 ISTEA Page 4 of 6
)1-MEN-0-OKI
>TPLER-5049(013)
09/03/2009 -
SPECIAL COVENANTS OR REMARKS
ll.Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. O. Box 942874
Sacramento, CA 94274-0001.
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual.
12.ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
encumbered for each phase by the execution of this Project
Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend
future authorizations/obligations, and invoice payments for any
on-going or future federal-aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual.
13.The Administering Agency shall not discriminate on the basis of
race, religion, age, disability, color, national origin, or sex
in the award and performance of any Federal-assisted contract or
Program Supplement 01-5049-M003-R1 ISTEA Page 5 of 6
)1-MEN-0-TJK1
'TPLER-5049(013)
09/03/2009
SPECIAL COVENANTS OR REMARKS
in the administration of its DBE Program Implementation
Agreement. The Administering Agency shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination
in the award and administration of Federal-assisted contracts.
The Administering Agency°s DBE Implementation Agreement is
incorporated by reference in this Agreement. Implementation of
the DBE Implementation Agreement, including but not limited to
timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as
a violation of this Agreement. Upon notification to the
Administering Agency of its failure to carry out its DBE
Implementation Agreement, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
14.As a condition for receiving federal-aid highway funds for the
PROJECT, the Administering Agency certifies that NO members of
the elected board, council, or other key decision makers are on
the Federal Government Excluded Parties List System (EPLS).
Program Supplement 0l-5049-M003-R1 ISTEA Page 6 of 6
RESOLUTION NO. 2000-34
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH GRANTING BLANKET AUTHORIZATION
TO THE CITY MANAGER TO EXECUTE RIGHT-OF-WAY
CERTIFICATES AND OTHER PROJECT DOCUMENTS
WHEREAS, the City of Ukiah routinely must certify rights of way and execute
other project documents on Federal Highway Administration (FHWA) and State of
California funded highway projects; and
WHEREAS, such certification is in the form of Right-of-Way Certifications
according to Caltrans procedures, which facilitate FHWA program regulations, as set
forth in the Caltrans Local Assistance Procedures Manual, dated 1 January 1998; and
WHEREAS, Caltrans regulations, as stated in Chapter 13 of the Local
Assistance Procedures Manual, provide that local public agencies may grant blanket
authorization to a particular officer, or his or her designee, to approve and sign such
Right-of-Way Certifications; and
WHEREAS, the City Manager is the appropriate City officer to sign such Right-
of-Way Certifications by virtue of being responsible for the City Maintained Street
System; and
WHEREAS, Caltrans encourages streamlining of procedures involving local
public agencies and has therefore suggested that blanket authorization be obtained by
the City Manager to approve and sign Right-of-Way Certifications, and other project
documents.
NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the City
Manager be and hereby is authorized and directed to approve, execute, and sign Right-
of-Way Certifications and other project documents for all FHWA and State of California
funded projects on behalf of the City of Ukiah; and
BE IT FURTHER RESOLVED that this authorization shall remain in force until
rescinded by this Council.
Page 1 of 2
) i -MEN-0-T,JKI 09/03/2009
3 'TPLER-5049(013)
SPECIAL COVENANTS OR REMARKS
1. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
2. This PROJECT is programmed to receive Federal Transportation
Enhancement Activities (TEA) fund. The ADMINISTERING AGENCY
agrees that any functional or operational change to a TEA
PROJECT, before, during or after PROJECT acquisition and/or
construction, that does not comply with, or is in conflict with,
the TEA program requirements and the original purpose of the
project at the time it was programmed may render the PROJECT
ineligible for Federal reimbursement and ADMINISTERING AGENCY may
be required to reimburse STATE the entire amount of TEA funds
contributed to the project or the value of the TEA fund
contribution, based upon the fair market value of the acquisition
and/or construction, at the time the conflict and/or
non-compliance is determined, whichever is greater.
3. Any State and Federal funds that may have been encumbered for
this project are only available for disbursement for a period of
six (6) years and seven (7) years, respectively, from the start
of the fiscal year(s) that those funds were appropriated within
the State Budget Act. All project funds not liquidated within
these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested and is approved by
the California Department of Finance per Government Code Section
16304. The exact date of each fund reversion will be reflected
in the approved finance letter(s) issued for this project.
Notwithstanding the unliquidated sums of project specific State
and Federal funding remaining and available to fund project work,
any invoice for reimbursement that is not submitted to the
Department on or before 60 days after that applicable fixed fund
reversion date will not be paid from that fiscal year's
encumbered funds because all of these unexpended funds will be
irrevocably reverted by the Department's Division of Accounting
on that date.
Pursuant to a directive from the State Controller's Office and
Program SupplementOl-5049-M003-R1 ISTEA Page 2 of 6
)1-MEN-0-1 JK1
>TPLER-5049(013)
09/03/2009
SPECIAL COVENANTS OR REMARKS
the Department of Finance, the last date to submit invoices for
reimbursed work in each fiscal year is May 15th in order for
payment to be made out of those then current appropriations.
Project work performed and invoiced after May 15th will be
reimbursed only out of available funding that might be encumbered
in the subsequent fiscal year, and then only when those funds are
actually allocated and encumbered as authorized by the California
Transportation Commission and the Department's Accounting Office.
4. This PROJECT is programmed to receive funding from the State
Transportation Improvement Program (STIP). Funding may be
provided under one or more components. A component(s) specific
fund allocation is required, in addition to other requirements,
before reimbursable work can occur for the component(s)
identified. Each allocation will be assigned an effective date
and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement
of eligible PROJECT expenditures for the component(s) allocated.
The start of reimbursable expenditures is restricted to the later
of either 1) the effective date of the Master Agreement, 2)the
effective date of the PROGRAM SUPPLEMENT, or 3)the effective date
of the component specific allocation.
5. STATE and ADMINISTERING AGENCY agree that additional funds made
available by future allocations will be encumbered on this
PROJECT by use of a STATE approved Allocation Letter and Finance
Letter. ADMINISTERING AGENCY agrees that STATE funds available
for reimbursement will be limited to the amount allocated by the
California Transportation Commission (CTC) and/or the STATE.
6. This PROJECT is subject to the timely use of funds provisions
enacted by Senate Bill 45 (SB 45), approved in 1997, and
subsequent CTC guidelines and State procedures approved by the
CTC and STATE, as outlined below:
Funds allocated for the environmental & permits, plan
specifications & estimate, and right-of-way components are
available for expenditure until the end of the second fiscal year
following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an
Program Supplement 0l-5049-M003-R1 ISTEA Page 3 of 6
)1-MEN-0-T,1K1
,TPLER-5049(013)
09/03/2009 -
SPECIAL COVENANTS OR REMARKS
award deadline and contract completion deadline. ADMINISTERING
AGENCY agrees to award the contract within 6 months of the
construction fund allocation and complete the construction or
vehicle purchase contract within 36 months of award.
7. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may
approve supplementary allocations, time extensions, and fund
transfers between components. An approved time extension will
revise the timely use of funds criteria, outlined above, for the
component(s) and allocation(s) requested. Approved supplementary
allocations, time extensions, and fund transfers between
components, made after the execution of this PROGRAM SUPPLEMENT
will be documented and considered subject to the terms and
conditions thereof.
Documentation for approved supplementary allocations, time
extensions, and fund transfers between components, will be a
STATE approved Allocation Letter, Fund Transfer Letter, Time
Extension Letter, and Finance Letter, as appropriate.
8. This PROJECT will be administered in accordance with the CTC STIP
guidelines, as adopted or amended, and the STATE Procedures for
Administering Local Grant Projects in the State Transportation
Improvement Program (STIP), the Local Assistance Program
Guidelines, and the Local Assistance Procedures Manual. The
submittal of invoices for project costs shall be in accordance
with the above referenced publications and the following.
9. The ADMINISTERING AGENCY shall invoice STATE for environmental &
permits, plans specifications & estimate, and right-of-way costs
no later than 180 days after the end of last eligible fiscal year
of expenditure. For construction costs, the ADMINISTERING AGENCY
has 180 days after project completion to make the final payment
to the contractor and prepare the final Report of Expenditures
and final invoice, and submit to STATE for verification and
payment.
10.All obligations of STATE under the terms of this Agreement are
subject to the appropriation of resources by the Legislature and
the encumbrance of funds under this Agreement. Funding and
reimbursement are available only upon the passage of the State
Budget Act containing these STATE funds.
Program Supplement 01-5049-M003-R1 ISTEA Page 4 of 6
H -MEN-0-13KI
,TPLER-5049(013)
09/03/2009 -
SPECIAL COVENANTS OR REMARKS
ll.Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer within 60 days after
the project contract award. A copy of the award package shall
also be included with the submittal of the ADMINISTERING AGENCY's
first invoice for the construction contract to:
Department of Transportation
Division of Accounting
Local Programs Accounting Branch, MS #33
P. 0. Box 942874
Sacramento, CA 94274-0001.
Failure to do so will cause a delay in the State processing
invoices for the construction phase. Please refer to Section
15.7 "Award Package" of the Local Assistance Procedures Manual.
12.ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at
least once every six months commencing after the funds are
encumbered for each phase by the execution of this Project
Program Supplement Agreement, or by STATE's approval of an
applicable Finance Letter. STATE reserves the right to suspend
future authorizations/obligations, and invoice payments for any
on-going or future federal-aid project by ADMINISTERING AGENCY if
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for
a six-month period.
If no costs have been invoiced for a six-month period,
ADMINISTERING AGENCY agrees to submit for each phase a written
explanation of the absence of PROJECT activity along with target
billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents
that collectively constitute a "Report of Expenditures" within
one hundred eighty (180) days of PROJECT completion. Failure of
ADMINISTERING AGENCY to submit a "Final Report of Expenditures"
within 180 days of PROJECT completion will result in STATE
imposing sanctions upon ADMINISTERING AGENCY in accordance with
the current Local Assistance Procedures Manual.
13.The Administering Agency shall not discriminate on the basis of
race, religion, age, disability, color, national origin, or sex
in the award and performance of any Federal-assisted contract or
Program Supplement 01-5049-M003-R1 ISTEA Page 5 of 6
)1-MEi1-0-TjKT 09/03/2009
'TPLER-5049(013)
SPECIAL COVENANTS OR REMARKS
in the administration of its DBE Program Implementation
Agreement. The Administering Agency shall take all necessary and
reasonable steps under 49 CFR Part 26 to ensure nondiscrimination
in the award and administration of Federal-assisted contracts.
The Administering Agency°s DBE Implementation Agreement is
incorporated by reference in this Agreement. Implementation of
the DBE Implementation Agreement, including but not limited to
timely reporting of DBE commitments and utilization, is a legal
obligation and failure to carry out its terms shall be treated as
a violation of this Agreement. Upon notification to the
Administering Agency of its failure to carry out its DBE
Implementation Agreement, the State may impose sanctions as
provided for under 49 CFR Part 26 and may, in appropriate cases,
refer the matter for enforcement under 18 U.S.C. 1001 and/or the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
14.As a condition for receiving federal-aid highway funds for the
PROJECT, the Administering Agency certifies that NO members of
the elected board, council, or other key decision makers are on
the Federal Government Excluded Parties List System (EPLS).
Program SupplementOl-5049-M003-R1 ISTEA Page 6 of 6
RESOLUTION NO. 2000-34
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH GRANTING BLANKET AUTHORIZATION
TO THE CITY MANAGER TO EXECUTE RIGHT-OF-WAY
CERTIFICATES AND OTHER PROJECT DOCUMENTS
WHEREAS, the City of Ukiah routinely must certify rights of way and execute
other project documents on Federal Highway Administration (FHWA) and State of
California funded highway projects; and
WHEREAS, such certification is in the form of Right-of-Way Certifications
according to Caltrans procedures, which facilitate FHWA program regulations, as set
forth in the Caltrans Local Assistance Procedures Manual, dated 1 January 1998; and
WHEREAS, Caltrans regulations, as stated in Chapter 13 of the Local
Assistance Procedures Manual, provide that local public agencies may grant blanket
authorization to a particular officer, or his or her designee, to approve and sign such
Right-of-Way Certifications; and
WHEREAS, the City Manager is the appropriate City officer to sign such Right-
of-Way Certifications by virtue of being responsible for the City Maintained Street
System; and
WHEREAS, Caltrans encourages streamlining of procedures involving local
public agencies and has therefore suggested that blanket authorization be obtained by
the City Manager to approve and sign Right-of-Way Certifications, and other project
documents.
NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the City
Manager be and hereby is authorized and directed to approve, execute, and sign Right-
of-Way Certifications and other project documents for all FHWA and State of California
funded projects on behalf of the City of Ukiah; and
BE IT FURTHER RESOLVED that this authorization shall remain in force until
rescinded by this Council.
Page 1 of 2
PASSED AND ADOPTED this 5th day April, 2000, by the following roll call vote:
AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin.
NOES: None.
ABSENT: Councilmember Smith.
ABSTAIN: None.
im M tin, mayor
ATTEST:
Karen Yoast, De / ty City Clerk
4:Res:FHW A
CRY Ukiah lifomia
Certified To Be A True and a
Opy
ieLg O V
.
Page 2 of 2
R. EMMETT STONES
CERTIFIED PUBLIC ACCOUNTANT
March 30, 2010
Ms Jane Chambers
City Manager
City Of Ukiah
300 Seminary Avenue
Ukiah, California 95482
Dear Ms Chambers,
842 VALLEY VIEW DRIVE
UKIAH, CALIFORNIA 95482
TELEPHONE (707) 462-1180
FACSIMILE (707) 462-1170
Mailing Address
P.O. Box 1839
Ukiah, CA 95482-1839
This letter will confirm our understanding of the arrangements for the Management Advisory
Services (MAS) I will provide to the City of Ukiah (City). You have represented to me that you
have the authority, under the City procurement rules, to engage me and approve the terms and
conditions detailed below.
I will respond to your various business questions relating to the City of Ukiah Landfill, and related
solid waste matters, and provides you with my recommendations. I will respond to City Staff
questions when directed by you to do so.
The recommendations that I make to you will be advisory. Final recommendations to the City
Council will be the responsibility of the City Management staff. My advice will be informal and will
be reported to you verbally. No written summary will be prepared unless you specifically request
one in writing.
In topics connected to law I can not offer advice, and you should of course consult an attorney
skilled in the area under question. You recognize that my recommendations must be supported
by the opinion of trained legal professionals to be viable, and that you will seek such opinions to
the extent you feel necessary.
In topics connected to engineering I can not offer advice, and you should of course consult a
Licensed engineer skilled in the area under question. You recognize that my recommendations
must be supported by the opinion of trained engineering professionals to be viable, and that you
will seek such opinions to the extent you feel necessary.
I can give no assurance as to the accuracy of estimated amounts, contingencies and outcomes
discussed during this engagement which are not based in fact, but rather conjecture. The City
assumes all risk related to the use of these estimated amounts, and the uncertainty of
contingencies and outcomes.
The City indemnifies me and holds me harmless in any legal action that might arise related to the
services that I provide in this engagement, and will pay all costs of my defense using an Attorney
acceptable to me.
This Engagement will not include the preparation of financial statements. Further, this
engagement does not include any compilation, review nor audit services. Accordingly, I will not
issue any compilation or review report, nor issue any audit opinion. I am licensed by the California
Board of Accountancy, but will only be acting as a consultant in providing services to the City.
No Federal, California or other tax advice is contemplated as being part of this engagement.
Ms Jane Chambers
March 30, 2010
Page Two
During this engagement, but only as you direct, in order to gather information, it may be
necessary for me to contact or correspond with various people and agencies which may include
but are not limited to staff, legal counsel, engineers and other professionals, elected officials,
franchise holders, banks, vendors, creditors as well as various government agencies, and others.
You authorize these contacts in the scope of these advisory services. However, Professionals I
contact or consult with are not authorized to charge the City for their services without the prior
written consent of the City.
All regular communication with the City during these MAS will be made with you as the
representative of the City, or your designee. You will provide me with information in the areas
under discussion, and will give me direction as to the City's priorities, so that I may efficiently
provide these Management Advisory Services.
The City will be responsible for assigning the costs of my services to any specific Fund, Program,
Grant, or Department of the City.
Fees for my services will be based upon my normal hourly rate of one hundred and fifty ($150.00)
dollars per hour, plus pre-approved direct out of pocket expense. My travel time, if requested by
the city, will be charged at one third (113) of the normal hourly billing rate. The City will not be
obligated to pay more than ten thousand dollars ($10,000) maximum fees and costs for the
engagement covered under this letter, without the prior written authorization of the City.
As you know, 1 hold a separate Council approved engagement letter that allows me to provide
services to the City from time to time. This engagement is separate from any engagement
covered by that letter. Amounts, if any, paid under that agreement should not be aggregated with
the maximum amount detailed above.
Amounts will be billed on a monthly basis as the work progresses, and are due thirty (30) days
after presentation.
As you know I have provided services to the City in the past. 1 look forward to providing such
services to the City in the future.
If this letter correctly expresses your understanding in regard to the above mentioned MAS,
please indicate your acceptance by signing, dating and returning the original to me. A copy is
enclosed for your file.
If you have any questions, now or in the future, please call me.
Yours very truly,
R. Emmett Jones
ACCEPTED: City of Ukiah
By:
Jand hambers, City Manager
Date:
P f
R. EmmETT JONES • CERTIFIED PUBLIC ACCOUNTANT