LETTER OF ENGAGEMENT
This letter is to set forth the terms and objectives of an engagement for
services with AM ABLE, Inc., 8240 Parkway Drive, Ste 208, La Mesa, CA 91942
as "Consultant", and _____________________________________ as "Owner",
and the nature and limitations of the services we will provide to the "Owner"
until mutually changed.
WORK TO BE DONE
A. Scope of Limitations.
This engagement cannot be relied upon to disclose errors, irregularities,
or oversights. We may inform you of any such matters that come to our attention.
B. Agreed Upon Services.
We hope to better meet your expectations of service from our
firm by having you more clearly identify the services you wish provided
and their frequency. However, AM ABLE, Inc. will meet with the Owner or
Owner's employee, counsel representing the Owner, and/or any other designated
representative of Attorney. We will review the written complaint or a portion
of the complaint, when and if applicable, or review locations as designated
by Attorney or Owner regarding Americans with Disabilities Act non-compliant
issues in said physical properties. AM ABLE, Inc. can provide a written
report of non-compliant matters and a cost estimation for remedies, if
desired, and as a registered general contractor, CA license #546375, is
available to provide the accessible modifications and/or other general
construction services.
FEE SCHEDULE
A. Fees.
Fees for ADA review will be based on the time expended, including travel to and from location, at the rate of $150.00/hour unless otherwise mutually discussed and agreed to in writing. If an appearance at a deposition or in court is required, those appearances will be at a rate of $250.00 per hour with a two hour minimum. No retainer will be required for work to begin.
B. Factors
Affecting Fee. Fee is based upon several factors, the most
important of which includes time and labor involved both in the field and
office capacities, skill requisite to perform services properly, any special
circumstances imposed, and required research and review of applicable codes,
laws, and guidelines pertaining to accessible accommodations for the physically
disabled.
C. Direct Expenses.
Additional costs for telecommunications, fax or e-mail transmissions,
report production, out of pocket cost, travel costs, and miscellaneous
correspondence will be added fees.
TERMINATION
Either party may terminate this business relationship by any form of written
notification, excluding E-mail.
LIMIT OF LIABILITY
You agree that AM ABLE, Inc.'s liability hereunder for damages, regardless
of the form of action, shall not exceed the total amount paid for the services
described. This shall be your exclusive remedy.
You further agree that AM ABLE, Inc. or its representatives or employees
will not be liable for any claim, demand, or judgment against you by any
other party. Additionally, AM ABLE, Inc. will not be held liable for incidental
or consequential damages even if we have been advised of the possibility
of such damages.
No action, regardless of form, arising out of the services of this
agreement, may be brought by either party more than one year after the
date of the last services provided under this agreement.
APPLICABLE LAW
This engagement letter shall be governed as to validity, interpretation,
construction, effect and in all other aspects by the laws and decisions
of the State of California. In the event of commencement of any legal action
regarding any term or condition of this engagement, such action by agreement
is to be subject to the jurisdiction of the courts of the State of California
and/or the relevant governing body.
PRIVACY NOTICE
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide
this notice explaining our online information practices and the choices you
can make about the way your information is collected and used. To make this
notice easy to find, we make it available on our homepage and at every point
where personally identifiable information may be requested.
The Information We Collect
This notice applies to all information collected or submitted on the AM
ABLE, Inc website.
We use return email addresses to answer the email we receive. Such addresses
are not used for any other purpose and are not shared with outside parties.
How To Contact Us
Should you have other questions or concerns about this privacy policy,
please call us at 619-262-2532 or send us an email at
Rdn6713@aol.com.
COMPLETE AGREEMENT
This letter comprises the complete and exclusive statement of the agreement
between the parties, superceding all proposals oral or written and other
communications between the parties. If any provision of this letter is
determined to be unenforceable, all other provisions shall remain in force.
Submitted by: Robert D. Novick. President
Approved by:___________________________
Date: ____________