HomeMy WebLinkAboutCharles Abbott Associates 2006-04-03 . �`� ��-- l�e , t; �� ��:3c� �
CITY OF UHIAH
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this � day of �-�%�./G , 2006,
by and between the City of Ukiah, a municipal coiporation, hereinafter referred to as "CITY"
and Charles Abbott Associates, Inc., hereinafter referred to as "CONSULTANT".
WHEREAS, the City requires consulting services for the preparation of a fee study in
order to justify new fire and life safety fees.
WHEREAS, the Consultant represents that it has in its employ employees who are
qualified, licensed, and experienced in perfonning such consulting services and that it is
qualified and able to perfonn such services for the City; and
WHEREAS, the City desires to have Consultant perform said consulting services, and
Consultant is willing to do so.
NOW, THEREFORE, in consideration of the mutual terms and conditions hereinafter set
forth, it is agreed, as follows:
1. SCOPE AND TIME OF SERVICES. Consultant agrees to perfonn for City the
consulting services lnore particularly set forth in its proposal, which is attached hereto, hereby
incorporated herein, and inade a part hereof by reference. Said consulting services shall be
perfonned by Consultant based on the hourly rate listed in the proposal with a total fee amount
not to exceed Three Thousand Dollars and no cents ($3,000.00).
2. COORDINATION AND ORGANIZATION. Consultant shall coordinate the
work with City staff.
3. PAYMENT. City shall pay to Consultant for consulting services perfoi-�ned by
Consultant hereunder, within thirty (30) days following receipt from Consultant and approval by
City of original invoices therefore, the respective fees set forth on the Proposal, attached hereto
and hereby incorporated herein and made a part hereof by reference. Invoicing shall be on
Consultant's standard fonns and as inutually agreed to by the parties here to in order to facilitate
processing of City payinents.
4. INDEPENDENT CONTRACTOR. Neither the City nor any of its employees
shall have any control over the conduct of Consultant or any Consultant's etnployees, except as
herein set forth; and Consultant expressly warrants not to, at any time or in any inanner,
represent that Consultant, or any Consultant's agents, seivants or einployees, are in any manner
agents, servants or einployees of the City, it bein� distinctly understood that said Consultant is
and shall at all tiines remain as to the City a wholly independent Contractor and that Consultant's
obligations to the City are solely such as are prescribed by this agreement.
5. ASSIGNMENT AND SUBCONTRACTING. This agreeinent conteinplates the
personal services of Consultant and Consultant's einployees, and it is recognized by the parties
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hereto that a substantial induceinent to City for entering into this agreement was, and is, the
professional reputation and competence of Consultant and Consultant's employees. Neither this
agreement nor any interest therein may be assigned by Consultant, except that consultant may,
upon written consent of the City obtain in advance, assign any inoneys due, or to become due,
the Consultant hereunder. Furthennore, Consultant shall not subcontract any portion of the
perfonnance contemplated and provided for herein with out the prior written approval of the
City. Nothing herein contained is intended to or shall be construed as preventing Consultant
from employing or hiring as many employees as the Consultant may deem necessary for the
proper and efficient execution of this contract.
6. INDEMNITY. Consultant shall indemnify, reimburse cost of defense and hold
free and hannless the City, its boards, and their officers and employees, from and against any
and all loss or liability for claiins that may occur or arise as a result of any negligent acts, error-or
oinission of Consultant, its agents, officers, and employees in performing the services to be
perfonned by Consultant, under this agreement.
7, CHANGES AND EXTRA SERVICES. City may make changes within the
general scope of this agreeinent. If either party estiinates that any proposed change causes an
increase or decrease in cost and/or the time required for perfonnance of this agreeinent, it shall
so notify the other party of that fact. The parties will atteinpt in good faith to agree to an
appropriate modification of the coinpensation required to be paid hereunder; and any agreed
upon change will be in writing, signed by the parties hereto, and will modify this agreement
accordingly.
Any notification by Consultant must be provided within thirty (30) days from the date of
receipt by Consultant of City's written notification of a proposed change. Consultant may
initiate such notification upon identifying a condition which inay change the specific Scope of
Services, agreed to on the effective date of this agreeinent as set forth in the Proposal, or as
subsequently modified and agreed to as provided herein.
8. TERMINATION. This agreement may be tenninated by either party hereto
upon ten (10) working days' written notice to the other party hereto in the event of the
substantial failure by said other party to perform in accordance with the tenns of this agreement
through no fault of the tenninating party. This agreeinent may also be terminated by City for its
convenience or because the Study has been pennanently abandoned but only ten (10) �vorking
days' written notice to Consultant.
In the event of tennination, Consultant shall be coinpensated foi- all services perfonned
and costs incurred up to the effective date of tenlzination for which Consultant has not been
previously coinpensated, plus tennination expenses reasonably incurred and properly accounted
far. Upon receipt of notice of ter�mination from City, Consultant shall iinmediately stop its
services, unless otherwise directed, and deliver to City all reports, estimates, suinmaries and such
other infonnation and inaterials as may have been accuinulated by Consultant in the perfonnance
of this agreement, whether completed or in process.
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9. E�UAL EMPLOYMENT OPPORTLTNITY, In connection with the execution
of this agreement, neither Consultant nor its sub-consultants shall discriminate against any
employee or applicant for employment because of race, religion, color, age, sex, or national
origin. Consultant shall take affirmative action to ensure that applicants are employed, and that
employees are treated during their employment, without regard to their race, religion, color, age,
sex, or national origin. Such actions shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruitinent or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship.
10. �WNERS�-IIP OF I�OCUMENTS. All reports as well as studies, memoranda,
computation sheets and other documents assembled or prepared by Consultant, or furnished to
Consultant in connection with this agreement shall be the property of City. Copies of said
documents may be retained by Consultant, but shall not be made available by Consultant to any
individual or organization without the prior written approval o�the C'ity.
11. STANI7ARDS OF PROFESSION. Consultant shall perfonn the services under
this agreeinent in a inanner consistent with the degree of care and skill ordinarily exercised by
ineinbers of the saine profession under similar circumstances in this geographical region.
Consultant shall be responsible for its own work and results under this agreement but shall not be
responsible for the work and results of the work of the City.
12. COVENANT ACiA�NS�' CONTINGENT FEES. Consultant warrants that it
has not employed or retained any coinpany or person to solicit or secure this agreement and that
it has not paid or agreed to pay any company or person any fee, commission, or percentage from
the award or making of this agreement. For breach or violation of this warranty, City shall have
the right to annul this agreement price or consideration, or otherwise recover the full amount of
such fee, coinmission, percentage, brokerage fee, gift or contingent fee.
CHARLES A�BOTT ASSO�IATES, INC., a corporation
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CONSULTANT
C'ITY OF UKIAH, a inunicipal corporation
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PROPOSAL LETTER
January 3, 2006
Kurt Latipow, Fire Chief
Ukiah Fire Department
300 Seminary Avenue
Ukiah. Cafifornia 95482-5400
Re: Proposal to Justify New Fire & Life Safety Fees
Dear Chief Latipow:
Charles Abbott Associates, Inc. (CAA) is pleased to present this proposal letter to
provide the resources necessary to review existing fees and justify new Fire and Life
Safety Fees for the Ukiah Fire Department. In particular, CAA proposes to provide:
• Review current fees
• Review past revenues and expenditures
• Attend necessary meetings with City staff to develop and implement new fees
Our proposal is presented in the following sections:
1. Methodology
2. Time frame
3. Compensation
A brief discussion of each section follows.
METHODOLOGY
CAA will provide the staff assignments and resources necessary to develop and justify
new Fire and Life Safety fees for the Ukiah Fire Department based on the cost of
providing those services and fees other agencies are charging for similar services in their
region. CAA will take the responsibility for coordination of these services to assure that
they are provided in a timely manner.
CAA's Regional Director Mr. Buster Scholl will take the lead role in providing these
services.
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TIME FRAME
All services provided will be provided in a timely manner. Specifically, CAA will
provide the initial draft for City staff review by March 1, 2006.
COMPENSATION
CAA's compensation for providing the proposed services will be based on Mr. Scholl's
hourly rate of$150 per hour. The hourly rate applies to the actual hours dedicated to this
proposal but will not exceed the amount shown below. The cost estimate for all services on
a not to exceed basis are as follows:
Hourly Rate $ 150.00
Estimated hours to complete all proposed work 20
Not to exceed amount: $3,000.00
SUMMARY
We are confident that our proposal and approach assures that the expectations of the
department are met or exceeded. At the core of our approach is a sincere coin_tnitment to
serve every agency effectively by providing a project team that can integrate its
knowledge with sound judgment. We are confident that the end products will serve your
agency very effectively.
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We look forward to hearing from you in the near future and the opportunity of working
with you on this very important project.
Very Truly Yours,
CHARLES ABBOTT ASSOCIATES, INC.
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Buster Scholl, CBO
Regional Director
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