Georgia County Government - May/June 2008 - (Page 39)

Feature Essential Elements to Negotiating a Professional Service Firm Contract: Part III: Negotiating the Contract With the Most Qualified Company Many architects and engineers have industry standard contract documents; howThis three-part ever, these documents sometimes limit the guide to develop professional service providers’ responsibility or liability. In any case, always consult a responsible with your legal council on any contract process or plan whether it is a standard industry approved document or a unique document develfor effectively oped by the service provider. negotiating a Good professional service provider contract agreements generally include contract with the following: a professional 1. Project purpose, objective or statement of intent. service firm 2. The agency or authority name for concludes in which the project is being developed. 3. The time of performance with respect this issue with to completion date of design/engiguidance on neering and agency use or occupancy. 4. The services to be provided by the denegotiating the sign or engineering consultant. contract with the 5. Method for approvals of staff changes that are different from those staff most qualified members outlined in the consultant’s company or Qualification Statement. 6. The duties and responsibilities of service provider. you (the facility owner or public agency), including milestone review By Peter Ashton Lyon, FSMPS and approvals. 7. Method and schedule for reviews and who will conduct the reviews. egotiating a contract is made 8. Method of approval and distribution extraordinarily easier if you of payments based on agreed milehave a standard set of contract stone dates and/or the percentage of documents that can be used on a regucompletion. lar basis. These documents should be 9. Insurance coverage with respect to developed in a joint effort between your performance, errors and omissions. agency and your agency’s designated 10. Indemnity clauses and a preliminary legal counsel. The contract must protect description of the process for resoluyour agency’s interest, but it must also tion. be satisfactory to the professional ser11. Ownership of documents. vice provider. Good contracts make for good business relationships as they are clear, concise and enforceable. The key is understanding basic contract law and knowing that nothing beats good legal counsel in drafting and review of contracts before they are consummated. N Tips for Negotiating Public agencies contract with professional service fi rms frequently. As such, these contracts can be simple or may involve the aid of a seasoned contract attorney. It is very important that you have confidence that you have negotiated the best terms with the most qualified service provider. A well-drafted and executed agreement (contract) will go miles in minimizing disputes or potential litigation. To help you in this process, a few negotiating tips are included on the next page. Please note that even with these tips, consultation with a qualified contract attorney is advised. NEGOTIATING continued on page 40 Nothing beats good legal counsel in drafting and review of contracts before they are consummated. MAY/JUNE 2008 www.accg.org 39 http://www.accg.org

Table of Contents Feed for the Digital Edition of Georgia County Government - May 2008

Georgia County Government - May 2008 Contents President’s Message County Matters ACCG 2008 Annual Meeting: Highlights County Focus: Clayton County Negotiating a Professional Service Firm Contract: Part 3 Counties Get Involved in Efforts to End Sexual Abuse of Children Smart Growth Scorecard Gives Communities a Way to Grade New Developments Wireless Technologies Critical for First Responders Research Corner: The ACCG Policy Process RDCs Assist the USS Georgia Flag Project Extension News: Animals Take Spotlight in Disaster Planning Georgia’s Grand Old Courthouses: Grady County NACo News: Green Initiative Launches Searchable Database Insurance News: ACCG Announces New Inmate Medical Savings Program County Parade Index of Advertisers

Georgia County Government - May 2008

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