HomeMy WebLinkAboutKrieg, Terry 2014-07-29 i
AGREEMENTFOR
PROFESSIONAL CONSULTING SERVICES I
Contract Numbec !�1�' I G�7
This agreement is entered in Ukiah, Califomia, on July 29, 2014, by and between the City of
Ukiah, a general law municipal corporation, hereinafter referred to as "City" and Terry Krieg, hereinafter
referred to as the "ConsultanL"
RECITALS
This Agreement is predicated on the following facts: I
a. The City Attorney requires the services of a certified public accountant to provide litigation
support to the City Attomey and Boutin Jones LLP in defending a law suit entided: Ukiah valley
Sanftadon Districr r. C1ry of Ukiah, Mendoci�o Counry Superior Court No. SCUK CVa li-
63024. Consultant is hereby retained by the Ciry to provide those services to the Ciry Attomey,
all communications and work product of Consultant produced in perfoiming under this Contract
aze to be provided exclusively to the City Attorney for his use and the use of co-counsel in
representing the City in the litisation.
b. Consultant represents that he has the qualifications, skills, and experience to provide these
services, and is willing to provide them according to the terms of this Agreement.
TERMS OF AGREE�IENT
1.0 DESCRIPTION OF PROJECT
l.l The initial services to be provided under this Agreement are a review and analysis of documents
fumished to the City by Ukiah Valley Sanitation District's attomeys for use in connection with a
pending mediation. Consultant shall report the results of this review and analysis to the City
Att rne bot}yverball and iny±ritin�. �.,rr,+`� � /c> �:•i:;+t�� �'ivlL /,. �/,�.lG, /�j.�✓�o��/
..�1,,�lr<,/ f• �.�.�r /'f.r:r, ` � 7
2.0 SCOPE OF SERVICES
2.] See paragraph l.l
22. Additional Services. Additional services, if any, shall only proceed upon written agreement
between City and Consultant.
3A CONDUCT OF WORK
3.1 Time of Comoletioa Consultant shall commence performance of services beginning on July I5, 'I
2014 and continuing un[il August 30, 2014. The parties may agree to modify the time for
completion by a writing signed by both parties.
32 Other Ternis and Conditions. N/A.
4A COMPENSATION FOR SERVICES '
1
, _ �
I
I
I 4.1 Basis for Comoensation. For the performance of the professional services of this Agreement, II'
Consulta�rt shall be compensated at a flat rate of $1Q000. This amount includes all costs of
providing the services described in paragraph 1.1.
4.2 Chans�es. Should changes in compensation be required because of changes to the Scope-ot=Work
of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to
the Scope-of-Work" means different activities than those described in E�ibit A and not
additional time to complete those activities than the parties anticipate on the date they entered this
Agreement.
4.3 Sub-contractor Pa i�. The use of sub-consultants or other services to perfonn a portion of the �
work of this Agreeinent shall be approved by Ciry prior to coinmencement of work.
4.4 Tenns of Pavroent. Payment ro Consultant for services rendered in accordance with this contract
shali be based upon submission of monthly invoices for the work satisfactorily perfonned pnor to
the date of invoice less any amount already paid to consultant, which amounts shall be due and
payable within 30 days after receipt by Ciry.
5.0 ASSURANCESOFCONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely responsible for its
acts or omissions Consultant (including its agents, servants, and employees) is not Ciry's agent,
employee, or representative for any puipose.
52 Conflict of Interest. Consultant understands that its professional responsibility is solely to Ciry.
Consultant has no interest and will not acquire any direct or indirect interest that would conflict
with its performance of the Agreement Consultant shall not in the performance of this
Agreement employ a person having such an interest.
6.0 INDEMNIFICATION
6.] Insurance Liabilitv. Without limiting Consultant's oUligations arising wider Paragraph 62 i
Consultant shall not be�in work under this Agreement until it procures and maintai�s for the
duration of' this Agreement insurance against claims for injuries to persons or damages to
prope�Yy, which may aiise from or in connection with its perfonnance under this Agreement.
2
I
i
�
�
A. Minimum Scope of Insurance
Coverage shall Ue at least as broad as: �
L Insurancc Services Office ("ISO) Commercial General L,iability Coverage Fomi I
No. CG 00 Ol 1 I 85. I
3. ISO Fomi Na CA 0001 (Ed. 1/78) covenng Automobile Liability, Code 1 "any �I
auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. If Consultant has employees, Worker's Compensation Insurance as required by I
the Labor Code of the State of Califomia and Employers Liability Insurance.
B. Minimum Limi[s of Insurance
Consultant shall maintain limits no less than: I
l. General Liabilitv: $1,OOQ000 combined single limit per ocwrrence for bodily
injury, personal injury and property damage. If Commercial General Liability '
Insurance or other fonn with a general aggregate limit is used, the general
aggregate limit shall apply sepazately to the work performed mider this
Agreement, or the aggregate limit shall be twice tl�e prescribed per occurrence
litnit. I
2. Automobile Liabilitv: $1,000,000 combined single limit per accident for bodily �
injury and property da�nage. I
3. Worker's Compensation and Emplovers Liabilitv: Worker's compensa[ion limits I
as required by the Labor Code of the State of California and Employers Liability
limits of$I,OOQ000 per accident. �
C Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by d�e City.
At the option of the City, either the insurer shall reduce or eliminate such deducribles or
self-insured retentions As respects to die City, its officers, officials, employees and
volwrteers; or the Consultant shall procure a bond guazanteeing payment of losses and I
related invesrigations, claim administration and defense expenses.
D. Other Insurance Provisions I
The policies are to contain, or be endorsed to contain, the followin�provisions:
I. General Liabilitv and Autoinobile Liabilitv Coverages
a. T7�e City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of ;
� activities pa'fonned by or on behalf of the Consultant, products and
completed operations of the Consultant, premises owned, occupied or I
used by the Consultant, or automobiles owned, hired or borrowed by �he
Consultant. The coverage shall contain no special limitations on the
3 �
�
� — � � ��
scope-of-protection afforded to the City, its officers, officials, employees
or volunteers. 'i
b. The Consultant's insurance coverage shall be primary insurance as
respects to the Ciry, its officers, officials, employees and volunteers. 'I
Any insurance or self-insurance �naintained by the City, its officers,
officials, employees or volunteers shall be excess of the ConsultanPs ',
insurance and shall not contribute with it. I
c. My failure to comply with reporting provisions of the policies shall not 'i
affect coverage provided to the City, its o�cers, officials, employees or
volunteers. '
d. The ConsultanPs insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
2. Worker's Compensation and Employers Liability Covera�
The insurer shall agree to waive all rights of subrogation against the City, its i
officers, officials, employees and volunteers for losses a�isin� from ConsultanPs I
perfonnance of the work, pursuant to tliis Agreement.
3. AI} Coveraees
Each Insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the Ciry.
I
E. Acceptabilitv of Insurers
Insurance is to be placed with admitted California insurers witli an A.M. BesPs rating of
no less than A-V[I for financial strength, AA for long-tenn credit rating and AMB-I for
short-tenn credit rating.
F. Venfication of Coveraee
Consulta�rt shall furnish the City with certificates of Insurance and with original
Endorsements effecting coverage required by diis Agreement. The Certificates and '
Gndorsetnents for each insurance policy are to be signed by a person authorized by that !
insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on �
fonns provided or approved by the Ciry. Where by statute, the City's Workers'
Compensation - related fonns cannot be used, equivalent fonns approved by the
Insurance Commissioner are to be substituted. All Certiticates and Endorsements are to
be received and approved by the City before Consultant begins the work of this
Agreement. The City reserves the right to require co�nplete, certiSed copies of al]
required uisurance policies, at any time. If Consultant fails to provide the coverages
required herein, the Ciry shall have the right, but not the obligation, lo purchase any or all �
of them. In that event, the cost of insurance becomes part of the compensation due the I
contrac[or after notice ro Consul[ant that City has paid the premium. ��,
4 ,
� I
I ��
_ __ _ __ _ _ _ _ __
I
,
V. suU�onNa��oTs
If Consultant uses subcontractors or sub-consultants, it shall cover them under its policies
or require them to sepazately comply with the insurance requirements set forth in this �j
Paragraph 6.I.
62 Indemnification. Notwithstanding Nie foregoing insurance requirements, and in addition thereto,
Consultant shall indenmify, defend and hold hamiless Ciry officers, agents and employees fiom
a�d against any and all claims, demands, liability, costs and expenses, including couiY costs and I
, counsel fees, arising out of the injury to or death of any person or loss of or physical damage to
airy property resulting from any negligent or wrongful act or omission committed by Consultant
or iPs officers, agents or employees while performing services under this Agreement I�
7A CONTRACT PROVISIOVS
� 7.1 lndependent Connactoc Consultant is a�i independent contractor and is solely responsible for its
acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, I
employee, or representative for any purpose. City shall have the right to control Consultant only
insofar as the results of Consultant's service rendered pursuant to this Agreement; however, City
shall not have the right to control the means by which Consultant accomplishes services rendered
, pursuant ro this Agreement Consultan[ shall pay all estimated and actual federal and state income
and self- employinent taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benetits required i
by law for itself and its employees, if any. Consuitant agrees to indemnify and hold City and its
officers, agents and employees hannless fiom and against any claims or demands by federal, state
or local government agencies for any such tares or benefi[s due but not paid by Consultant,
including the legal costs associated with defending against any audit, claim, demand or law suit. I
I
72 Goveming Law. Consultant shall comply with the laws and regulations of the United States, the
State of Califarnia, and all local governments having jurisdiction over this Agreement. The
interpretation and enforcement of this Agreement shall be govemed by California law and any
action arising under or in connection with this Agreement mus[ be filed in a couR of competent
jurisdiction in Mendocino County, each pazty agreeing to the junsdictioi� and venue of such court. I
7.3 Entire APreement. This .4gree�nent plus its Attachment(s) and executed Amendments set forth
the entire understanding between the parties.
7.4 Severabilitv. If any tenn of this Agreement is held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall remain in effect.
7.5 Moditication. No modification of this Agreement is valid unless made with the agreement of
both parties in writing. �
��
7.6 Assienment. Consultant's services are considered unique and personaL Consultant shall not I
assign, transfer, or sub-contract its interest or obligation under all or any portion of this 'I
I Agreement without City's prior written consent.
7J Waiver. No waiver of a breach of any covenant, terni, or condition of dus Agreement shall be a
waiver of any other or subsequent breach of the same or any other covenant, teim or condition or
a waiver of the covenant, tenn or condition itself.
5
—
— — -- —
I
7.8 Termination. This Agreement may only be tenninated by either party: 1) for breach of the
Agreement; 2) because funds are no longer available to pay Consultairt for services provided
under d�is Agreement; 3) Ciry has abandoned and does not wish to complete the project for which
Consulta�rt was retained; or 4) Ciry terminates the contract on thirty (30) days prior notice to
Consultant. A party shall notify the other party of any alleged breach of the Agreement and of
die action required ro cure the breach. If the non-breaching fails to cure the breach witliin Ihe �
time specified in the notice, the contract shall be terminated as of that time. [f tenninated for lack I
of funds or abandonment of the project, Ihe contract shall tenninate on the date notice of
tennination is given to Consultant. City shall pay the Consultant only for services perfonned and
expenses incurred as of the effective tennination date. ln such event, as a condition to payment,
Consultant shall provide to City ail finished or unfinished documents, data, studies, surveys,
drawings, maps, models, photographs and reports prepared by the Consultant under this
Agreement. Consultarrt shall be entitled to receive jusY and equitable compensation for any work
satisfactorily compteted hereunder, subject to oft=set for any direct or consequential damages Ciry
may incur as a result of ConsultanYs breach of contract.
7.9 Duulicate Orieinals. This Agreement may be executed in duplicate originals, each beanng the
original signature of the par[ies. When so signed, each such document shall be admissible in
administrative orjudicial proceedings as proof of the tenns of the Agreement between the paities.
8.0 NOTICES
Whenever wntten notice is required or permitted under the terms of this Agreement, it shall be i
deemed given and received, when received, if delivered personally, by ovemight courier or �
certified or registered mail, or by fax or email (with acknowledgment of receipt), and 48 hours I
after deposit in the United States mail with proper first class postage affixed to the emelop; i
provided that notice is delivered to the mailing address, or fax or email address as specified
below:
CITY OF UK1AH CONSULTANT
Attention: City Manager Attention: Terry Krieg �
Ukiah Civic Center Krieg Terry E CPA f I
300 Seminary Ave WO mt Rd�31-f} ��v,v�/ �In�/G
Ukiali, CA 95482 Santa Rosa, CA 95401 �j�;�C �70� li
Fax: 707-4GiQ6204 Fa�c: N//�
Email: cchambers u city ofukiah.com EmaiL knegcpa�msn.com.
Either party may change an address specified above by wntten notice to the other party.
9.0 SIGNATURES I
IN W[TNESS WHEREOF, die parties have executed this Agreement the day and year first above �
written: �
CONSULTANT '
� � ../ 2 v
Bv. �r�n� G ��/�,`���� � � � � 2 ��
Date
PRINT NAME: Terry�i. Krieg
!i
� 6
� - — - �
i
5��,. :�i -- 2/ I
IRS IDN Nwn er I
CITY OF UK1AH
1 , % / , �
BY. E C O� I l !' �LG✓�LL..L L� ���- ,��G l / �
Jane Chambe�s, City Manager %DaCe
'�
7
'
i —