HomeMy WebLinkAboutNichols Consulting 2025-01-24Fixed Fee - $7,000
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Nichols Consulting
CONTRACT FOR PROFESSIONAL SERVICES
This Contract is made and entered into this 24th day of January 2025, by and between
the City of Ukiah, a city under the laws of the State of California (hereinafter referred to
as “City”) and Nichols Local Government Consulting, LLC (dba “Nichols Consulting”) a
limited-liability company, (hereinafter referred to as “Consultant”).
RECITALS
A.City has the authority to seek reimbursement for certain costs from the State of
California pursuant to California Government Code Section 17550 et seq.
B.City has the authority to contract for the preparation of said Claims through a
designated individual or entity.
C.Consultant is qualified to provide the service of preparing said Claims in consideration
for the fees, expenses, and costs stipulated in this Contract.
Therefore, the parties to this Contract agree as follows:
I.CONSULTANT’S RESPONSIBILITIES
A.Consultant shall review all eligible claiming opportunities and prepare all Claims whose
State-imposed timely and late deadlines, for reimbursement, fall between the time of
execution of this Contract and June 30, 2027. Consultant shall collect, document and
process the information necessary for Consultant to file the claims on behalf of the
City. Separately, Consultant extends to City the option of extending this agreement to
June 30, 2028 and separately, June 30, 2029.
B.Consultant will provide City with a copy of Claims and supporting documentation
prepared pursuant to this Contract. The copy will be provided following the state
imposed deadline for said Claims.
C.Consultant shall implement a Claims monitoring and documentation process in the
course of Consultant’s duties.
D.Consultant agrees not to exceed the amount of the fee proposal set forth in Appendix
A to this Contract without prior written authorization of the City.
COU No. 2425-160
Fixed Fee - $7,000
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E.Consultant will make good faith effort to file Claims in accordance with existing laws,
regulations and applicable written guidelines but does not warrant the reimbursable
nature or likelihood of success of reimbursement of any particular Claim.
F.Consultant shall advise City of all official action which is necessary under applicable
federal and state constitutional provisions, state statutes and regulations, and any other
applicable provisions, in order that City may fulfill its responsibilities as set forth in
Section II, paragraph C of this Contract for Services.
II.CITY’S RESPONSIBILITIES
A.City will provide Consultant with all the documents, records and information necessary
to prepare Claims in a timely manner.
B.City agrees to pay Consultant, a fee of $7,000 for services rendered. Consultant’s fee
is due and payable in three separate installments. The dates of these installment
payments and their respective amounts are: May 31, 2025 ($2,100), May 31, 2026
($2,300) and May 31, 2027 ($2,600). Consultant’s fee is not-to-exceed $7,000.00,
unless approved by City in writing. Additionally, Consultant is separately offering the
City two (2) one-year options for a Fixed Fee of $3,000 each for FY 2027-28 (May 31,
2028) and FY 2028-29 (May 31, 2029) executed solely at the City’s discretion. The
payment of Consultant fee is not dependent on the amount of Claims ultimately
reimbursed by the State of California
C.City agrees to take that official action which is necessary under applicable federal and
state constitutional provisions, state statutes and regulations, and any other applicable
provisions, to perform its obligations under this Contract in a timely manner.
III.MODIFICATIONS
This Contract may be modified only by a written amendment to this Contract, executed by
both parties.
IV.TERMINATION OF CONTRACT
This Contract may be terminated by mutual written consent or by either party, provided
that the terminating party gives ninety (90) days written notice to the other party, without
cause. Upon receipt of a Notification of Termination, Consultant shall promptly
discontinue all services affected. Consultant shall provide the City with all work products
completed up to the date of termination. In the event of termination, City shall reimburse
Consultant for all direct service hours on work-in-process at $125.00 per hour. However,
in no event shall City be obligated to pay more than the total amount of the Contract.
Fixed Fee - $7,000
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V.ATTORNEY’S FEES AND COSTS
In any litigation, arbitration or other proceeding by which one party either seeks to enforce
its rights under this Contract (whether in contract, tort, or both) or seeks a declaration of
any rights or obligations under this Contract, each party shall bear its own attorney fees,
together with any costs and expenses to resolve the dispute and to enforce the final
judgment.
VI.SEVERABILITY
If any term of this contract is held by a court of competent jurisdiction to be void or
unenforceable, the remainder of this Contract shall remain in full force and effect and shall
not be affected.
VII.NOTICES
All notices that are required to be given by one party to the other under this Contract shall
be in writing and shall be deemed to have been given if delivered personally or enclosed
in a properly addressed envelope postage prepaid and deposited with an overnight delivery
service or with a United States Post Office for delivery by first class and certified mail
addressed to the parties at the following addresses, unless such addresses are changed by
notice, in writing, to the other party.
City of Ukiah
Attn: Police Chief
300 Seminary Ave
Ukiah, CA 95482
Nichols Consulting
1857 44th Street
Sacramento, CA 95819
VIII.AUTHORITY
The individuals executing this Contract represent and warrant that they have the legal
power and authority to this contract and to contractually bind their respective entities.
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IX.GOVERNING LAW
The validity of this Contract and each of its terms and provisions, as well as the rights and
duties of the parties under this Contract, shall be construed pursuant to and in accordance
with the laws of the State of California.
X.ENTIRE AGREEMENT
This Contract, which includes the “Proposal for Contract for Professional Services” set
forth as Appendix A, supersedes any and all other agreements, whether oral or in writing,
between the parties with respect to the subject of this Contract. This Contract contains all
of the covenants and agreements between the parties with respect to the subject of this
Contract, and each party acknowledges that no representatives, inducements, promises, or
agreements embodied in this Contract. No agreement, statement, or promise not
contained in this Contract shall be valid or binding on the parties with respect to the
subject of this Contract.
Executed at ___________________, California, on the day and year set forth above.
________________________________, President
F. Andy Nichols
Nichols Consulting
1857 44th Street
Sacramento, CA 95819
_______________________________, City Manager
_______________________________ Print Name
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
Ukiah
Sage Sangiacomo
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APPENDIX A
PROPOSAL FOR CONTRACT FOR SERVICES
This proposal for the City of Ukiah is to provide the services set forth under Paragraph I
of the Contract for Professional Services relating to the preparation of Claims for
reimbursement pursuant to California Government Code Section 17550 et seq.
Consultant’s fee shall be $900.00, for claims prepared on behalf of the City all law
enforcement Claims whose State-imposed deadline, for reimbursement occur during the
2018-2019 fiscal year. Consultant’s fee is due and payable in three separate installments.
The dates of these installment payments and their respective amounts are: May 31, 2025
($2,100), May 31, 2026 ($2,300) and May 31, 2027 ($2,600). Consultant’s fee is not-to-
exceed $7,000.00, unless approved by City in writing.
Additionally, Consultant is separately offering the City two (2) one-year options for a Fixed
Fee of $3,000 each for FY 2027-28 (May 31, 2028) and FY 2028-29 (May 31, 2029)
executed solely at the City’s discretion.
This Proposal is valid until January 10, 2025 unless extended in writing by Consultant.
December 15, 2024
__________________________, President
F. Andy Nichols
Nichols Consulting
1857 44th Street
Sacramento, CA 95819