Loading...
HomeMy WebLinkAbout1993-031 Chabin Concepts - Preparation for CDBG Funds Now N400e 093031 AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT FOR CONSULTING SERVICES, effective August 30, 1993 is made and entered into in the County of Butte, State of California, by and between the City of Atascadero, California, ("City") and Chabin Concepts, Inc., a California corporation("Chabin"). WHEREAS, City desires to engage Chabin for the period beginning August 30, 1993 and ending October 1, 1993 to perform certain technical and professional services identified as : • Preparation of an application for 1993 State Community Development Block Grant Economic Development Planning/Technical Assistance Grant WHEREAS, the principals of Chabin are fully qualified and desire to accept such engagement; NOW, THEREFORE, the parties agree as follows: Parties and Representatives of the Agreement The parties to and representatives of the parties who are primarily responsible for the administration of this agreement and to whom formal notices, demands, and communications shall be given are as follows: A. Mark Joseph, Administrative Office City of Atascadero >®r.? P,- I--,B. Audrey Taylor (916) 345-0364 President Chabin Concepts, Inc. 1500 Humboldt Road, Suite 2 Chico, CA 95928-8299 Formal notices, demands and communications to be given hereunder by either party shall be made in writing and may be effected by personal delivery or by first class, postage prepaid mail. If the name of the principal representative designated to receive notices, demands or communications or the address of such person is changed, written notice shall be given within ten working days of said change. Description of Work City hereby engages Chabin, and Chabin accepts such engagement, to perform the services set forth in Exhibit A: "Scope of Work and Budget" attached hereto and incorporated herein by this reference. Chabin shall perform and complete, in a manner satisfactory to City, all work and services set forth in the "Scope of Work and Budget". Completion of Work The services described in the "Scope of Work and Budget" shall be completed within such period as may be agree upon by both parties or as may be required to meet specific deadlines. Data Provided to Chabin City shall provide to Chabin, without charge, all information such as: data, reports, lists, records, maps, photographs, and other information now existing or available or which can be created within a reasonable period of time which may facilitate the timely performance of the work described in the "Scope of Work and Budget". City shall cooperate in a reasonable manner with Chabin in the carrying out of the work prescribed by this agreement. Independent Contractor Chabin is an independent Contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of City. Personnel All services required under this agreement will be performed by Chabin or under Chabin's direct supervision and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such services. Chabin shall be responsible for the satisfactory work performance of all personnel engaged in performing services required by this agreement and compliance with all reasonable performance standards established by City. Chabin shall be responsible for payment of all employees' and subcontractors' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers compensation, unemployment, and Social Security insurances. Compensation The compensation to be paid by City to Chabin for all work and services described in the "Scope of Work" shall be as set forth in same "Scope of Work and Budget", provided that the total amount of compensation shall not exceed One Thousand One Hundred Dollars ($1,100.00). Indemnity and Insurance Chabin shall maintain in effect the following coverage and limits of insurance: A. Workers Compensation: as required by State of California law. B. Employer Liability: limits of at least$100,000 per occurrence; C. Comprehensive General Liability: combined single limit of$1,000,000. Termination Parties of this agreement may terminate this agreement at any time without cause by giving thirty (30) days written notice to second party of such termination and specifying the effective date thereof. Chabin will be paid a total amount equal to its costs and reimbursable expenses as of the termination date. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this agreement. Non-Discrimination and Equal Employment Opportunity In the performance of this agreement, Chabin shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religion, ancestry, sex, national origin, handicap or age. Subcontracting, Delegation, and Assignment Chabin shall not delegate, subcontract or assign its duties or rights hereunder, either in whole or in part, without the prior consent of City; provided, however, that claims for money due or to become due to Chabin from City under this agreement may be assigned to a bank, trust company or other financial institution without such approval. Ownership of Documents All brochures, forms, surveys, reports, studies, plans, maps, documents, etc. prepared or obtained by Chabin in the course of performing the work required by this agreement shall be the property of City. Chabin may make and retain copies of documents prepared or obtained pursuant to this agreement; provided, however that any such documents designated as confidential or proprietary by City shall not be disclosed to any person without City's prior consent. Chabin retains the right to copyright any brochures, forms, surveys, reports, studies, maps, documents, designs, etc. prepared by Chabin in the course of performing the work required by this agreement. Entire Agreement and Amendments This agreement supersedes all prior proposals, agreements, and understandings between the parties. Resolution of Disputes Disputes regarding the interpretation or application of any provisions of this agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties. In the event negotiations are not successful, any controversy involving a question of fact arising under this agreement shall be determined by arbitration. All arbitration shall be by three arbitrators, one of whom shall be appointed by Chabin, one by City, and the third selected jointly by the other two arbitrators. The arbitrators shall in all cases be familiar with the industry of the parties to this agreement. The determination of the arbitrators shall be binding and final. The prevailing party in any action under this agreement shall be entitled to recover attorney fees from the other party. Venue Venue for any action under this agreement shall be in Butte County, California, United States of America. Governing Law This agreement shall be governed by the laws of the State of California, County of Butte. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by their respective officers thereunto duly authorized. CITY: DATE.! City of Atascadero CHABIN: DATE: 93 Audrey Taylor, P sident Federal Tax I.D. # 68-0190084 Exhibit "A" Scope of Services and Budget 1. Prepare entire CDBG Application, including: • all forms: application summary, time schedule,budget, detailed activity description • statement of need,project description, and work plan • calculation of TIG 2. Obtain letters of support from local JTPA office and cost letters from two consulting firms. 3. Provide technical assistance as required for information, necessary resolutions, statement of assurances and public hearings. 4. Final review of documents and assembly of the application once the city council has approved the submittal of one application and the cash match via resolution and the city manager has signed the application summary form and statement of assurances. The consultant will provide: • All application forms and documents • Draft copy of application • Three final copies of application including one signed original resolution, application summary and statement of assurances forms for submittal to the state and one copy for the client. The client will provide: • All necessary signatures • Signed resolution • Notices of public hearings (2) • All necessary demographic and background information required to prepare the problem statement and work program. • Letters of support from JTPA and others, as needed. Timeline: Upon contract approval, the consultant will obtain all necessary information, prepare a draft application, and send it to the city for review. This draft will meet the deadline required for review by the city council in order to obtain their approval for submittal, to be determined by the city in consultation with consultant. Once the application has been approved, the city will send to the consultant the completed and signed forms and resolutions. The consultant will review and assemble the final application, make three copies, and deliver them to the State Department of Housing and Community Development prior to September 24, 1993. An additional copy will be sent to the client. The consultant staff will consist of.• Lead staff person is Greg O'Sullivan Professional Staff 24 hours @ $45/hour $960. Support/Clerical Staff 3 hours @ $12/hour $ 36. Plus additional costs: Fax/Phone Cost Postage Cost Supplies Cost copies $0.07/each mileage $0.28/each CITY OF ATASCADERO ie is OFFICE of the CITY CLERK October 28, 1993 Audrey Taylor, President CHABIN CONCEPTS, INC. 1500 Humboldt Road, Suite 2 Chico, CA 95928-8299 RE: Consultant Services for Preparation of CDBG Application Dear Ms. Taylor, Enclosed please find your firm's copy of the agreement with the City of Atascadero for preparation of a State application for Community Development Block Grant funds for economic development. The Atascadero City Council authorized the contract on August 10, 1993 and the work has essentially been completed. Payment for your services is also being forwarded to you at this time. I apologize for the delay in getting the contract to you. You may or may not know, Mark Joseph,our Administrative Services Director, has recently left the City's employ. Mr. Russ Scotten has come on board as our Interim Finance Director and if you have a need to contact the City, please feel free to give him a call at (805) 461-5014. &SiLEOIN City Clerk Enclosures: Contract - Duplicate Original City Check No.'f�'`�Ovr� c: Russ Scotten 6500 PALMA AVENUE • ATASCADERO, CA 93422 (805) 461-5074