HomeMy WebLinkAbout2005-092 AGREEMENT TO PROVIDE
PROFESSIONAL MANAGEMENT CONSULTING SERVICES
TO
INDIAN RIVER COUNTY , FLORIDA
THIS AGREEMENT, entered into this 15thday of March 2005 and effective immediately by and between
Management Advisory Group , Inc . ( hereinafter called the "Consultant" ) and County, a political subdivision of
the State of Florida , ( hereinafter called the " Client" and/or " the County" ) , WITNESSETH THAT :
WHEREAS , the Client is interested in obtaining professional fire and EMS management consulting services
to assist in developing plans and programs that conform to Federal , State , and local requirements and that will
be approved by their representatives ,
WHEREAS , the Consultant is staffed with personnel knowledgeable and experienced in the development
of fire and EMS systems and
NOW THEREFORE , the parties hereto mutually agree as follows :
1 . Employment of Consultant. The Client agrees to engage the Consultant and the Consultant hereby
agrees to perform the services described in the " Scope of Services" listed below .
2 . Scope of Services . The Consultant shall do , perform and carry out in a good and professional
manner, human resource management consulting services as may be requested by the Client, which may
include , but are not limited to , the following :
a ) The County seeks a comprehensive implementation plan to consolidate the activities of the Fire
Rescue and EMS Divisions . The County is seeking specific recommendations , including an Implementation
Plan , to enhance the overall delivery of emergency services through the use of dual certified responders .
b) Study objectives include :
• Modifications to deployment policies ;
• Management structure and chain of command modifications ;
• Revisions to appropriate rules and regulations ;
• Revisions to appropriate SOP ' s ,
• Revisions to collective bargaining agreements as needed ;
• Revisions to records management practices ,
• Development of a phased in transition plan ;
• Development of organization wide training objectives ,
• Development of an attrition plan ; and ,
• Consideration of costs .
Included by reference herein is the Consultants Proposal to the Client dated January 25 , 2005 , which
details the proposed study timeline , work plan , and deliverables .
3 . Time of Performance . The services to be performed hereunder by the Consultant shall be
undertaken and completed in such sequence so as to ensure their expeditious completion and best carry out
the purposes of the agreement . Project will commence within ten ( 10 ) days of notification to proceed and will
be completed within a 100 day time frame from the formal approval of the contract, given ability to schedule
meetings in a timely manner and a reasonable period of review of draft documents by the County.
Management Advisory Group, Inc. 2004 Page 1
4. Compensation , The Client agrees to pay the Consultant a sum as designated in item 5 below, or, for
services not included in the Scope of Services , at a rate of one hundred -fifty dollars ($ 150 . 00 )
per
professional hour expended and thirty-five dollars ( $ 35 . 00 ) per clerical hour expended , plus expenses . The
Client shall authorize any services not included in the Scope of Services in advance
5 . Method of Pavment. One Quarter (25 % ) of the total fee will be requested upon contractual
agreement to proceed and initiation of the project . The Consultant shall submit invoices detailing work
performed , and expenses . The Consultant shall be paid in accordance with the Florida Prompt Payment Act,
Chapter 218 Florida Statutes . Total cost of the proposed services is $49 , 500 , including required travel and
business related expenses .
Payment Schedule :
a ) Project Initiation and initial data gathering : (25 % ) $ 12 , 375
b) On -site meetings , summary of preliminary findings , status report: $ 12 , 375
C) Provision of draft report : $ 12 , 375
d ) Provision of final report: $ 12 , 375
6 . Changes . The Client may , from time to time , require changes in the scope of services of the
Consultant to be performed hereunder. Such changes , which are mutually agreed upon by and between the
Client and the Consultant , shall be incorporated in written amendment to this agreement .
7 . Services and Materials to be Furnished by the Client . The Client shall furnish the Consultant with
all available necessary information pertinent to the execution of this agreement . The Client shall cooperate
with the Consultant in scheduling and carrying out the work herein .
8 . Rights to Terminate Contract. The terms of this contract shall be in effect through October 1 , 2005 .
Either party shall have the right to terminate this agreement with or without cause , by giving written notice to
the other party of such termination at least five (5 ) days before the effective date of such termination .
9 . Indemnification . Each party shall be responsible for its own acts and will be responsible for all
damages , costs , fees and expenses which arise out of the performance of this Agreement and which are due
to that party' s negligence , tortious acts and other unlawful conduct and the negligence , tortious acts and other
unlawful conduct of its respective agents , officers and employees . To the extent allowed by law, the Client
shall defend , indemnify and hold the Consultant free and harmless from and against any claims , demands ,
actions , damages , expenses , fees and liabilities arising by virtue of any and all claims , demands or actions
brought by third parties .
10 . Limitation of Liability . The Client agrees that to the extent allowed by laws the Consultant' s total
aggregate of liability hereunder (whether contract, statutory, in tort or otherwise) for damages on any one or
more or all claims ( regardless of the number of different or other claims , claimants or occurrences) shall not
exceed the total of professional fees paid under this contract . The Client further agrees that to the extent
allowed by law, the Consultant shall not be liable to the Client for any indirect , incidental ,
special or
consequential damages , any lost profits or any claim or demand against the Client by any other party, arising
out of or in connection with the performance of services hereunder.
12 . Information and Reports . The Consultant shall , at such time and in such form as the Client may
require , furnish such periodic reports concerning the status of the project as may be requested by the Client.
The Consultant shall furnish the Client , upon request, with copies of all documents and other materials
prepared or developed in relation with or as a part of the project.
13 . Records and Inspections . The Consultant shall maintain full and accurate records with respect to all
matters covered under this agreement. The Client shall have free access at all proper times to such records
and the right to examine and audit the same and to make transcripts therefrom , and to inspect all program
data , documents , proceedings and activities .
Management Advisory Group, Inc. 2005 Page 2
14. Accomplishment of Prosect. The Consultant shall commence , carry on , and complete requested
projects with all practicable dispatch , in a sound economical and efficient manner, in accordance with the
provisions thereof and all applicable laws . In accomplishing requested projects , the Consultant shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with related work being
carried on within the applicable work area .
15 . Provisions Concerning Certain Waivers . Subject to applicable law, any right or remedy which the
Client may have under this contract may be waived in writing by the Client by means of a formal waiver, if, in
the judgment of the Client, this contract, as so modified , will still conform to the terms and requirements of
pertinent laws .
16 . Matters to be Disregarded . The titles of the several sections , subsections , and paragraphs set forth
in this contract are inserted for convenience of reference only and shall be disregarded in construing or
interpreting any of the provisions of this contract.
17 . Completeness of Contract. This contract and any additional or supplementary document or
documents incorporated herein by specific reference contain all of the terms and conditions agreed upon by
the parties hereto , and no other agreements , oral or otherwise , regarding the subject matter of this contract or
any part thereof shall have any validity or bind any of the parties hereto .
18 . The Client not Obligated to Third Parties , The Client shall not be obligated or liable hereunder to
any party other than the Consultant.
19 . When Rights and Remedies Not Waived . In no event shall the making by the Client of any payment
to the Consultant constitute or be construed as a waiver by the Client of any breach of covenant, of any default
which may then exist, on the part of the Consultant, and the making of any such payment by the Client while
any such breach or default exists shall in no wise impair or prejudice any right or remedy available to the Client
in respect to such breach or default .
20 . Personnel . The Consultant represents that he has , or will secure at his own expense , all personnel
required in performing the services under this agreement. Such personnel shall not be employees of or have
any contractual relationship with the Client. All of the personnel engaged in the work shall be fully qualified to
perform such services .
21 . Consultant Certification , The Consultant certifies that the Consultant has not been convicted of
bribery or attempting to bribe and officer or employee of the Client nor has the Consultant made an admission
Of guilt of such conduct which is a matter of record .
22 . Notices . Any notices , bills , invoices , or reports required by this agreement shall be sufficient if sent by
the parties hereto in the United States mail , postage paid , to the addresses noted below.
Management Advisory Group , Inc .
15974 Cove Lane
Montclair, Virginia 22026
( 703) 590 - 7250
Indian River County Emergency Services
Attention : John King , Director
1840 25th Street
Vero Beach , FL 32960 -3365
( 772 ) 226 - 1225
Management Advisory Group, Inc. 2005
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IN WITNESS WHEREOF , the Client and the Consultant have executed this agreement as of the date first
written above .
Managerftgqt Adviso Gr
By: C
Donald C . Long , Ph . D .
Senior Vice-President
Management Advisory Group , Inc.
Montclair, Virginia 22026
BOARD OF COUNTY C MISSIONERS
IND N R E O T LORIDA
BY: ... (,
Thomas S . Lowther, Chairman
By ,
Jos h A: it o'gnty Administrator
, t1lot_ a .
Atter#: :Ct✓ fl ri {�` - ;-�— bee ,
Vi4ffre
e .
► Jeffey K. Barton Cir of f Court
Appy ' Ed as to fo ' ` nd gal sufficiency:
` og
E5\ .
County Attorney
BCC Approved : March 15 , 2005 Indian River Coun A oved Date
Administration 3
Bud et
Co . A ¢
Risk Mana ement L'
Public Works
De artment
Management Advisory Group, Inc. 2005
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