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Fire Dept. Matrix Contract - Response & Deployment Study i5~~~E ~Y4-~ MEMORANDUM June 13, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Response & Deployment Study Contract Fire Chief Dan Brown recommends City Council authorization for the City Manager to sign the Response & Deployment Study contract with the Matrix Consulting Group. I concur with the recommendation and respectfully request Mayor and City Council approval. !hJ ~~/Jtj Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager E. Daniel Brown, Fire Chief ~ CITY OF DUBUQUE, IOWA MEMORANDUM June 1, 2006 TO: Michael C. Van Milligen, City Manager FROM: E. Daniel Brown, Fire Chief z,D6 SUBJECT: Response & Deployment Study Contract Attached are 3 copies of the Response & Deployment Study contract with the Matrix Consulting Group. We had a delay due to language issues regarding the insurance certificate. These issues have been resolved by Matrix Consulting Group with their insurance carrier and have been reviewed by Finance Director Ken TeKippe and have met his approval. The contract was reviewed by Barry Lindahl and his changes have been accepted by Matrix. I respectfully request that this be presented to the Mayor and City Council for their approval and your signature on this contract. EDB/jl Cc: Ken TeKippe Barry Lindahl AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND MATRIX CONSULTING GROUP THIS AGREEMENT, dated for reference purposes the 29th day of May, 2006, is made and entered into by and between Matrix Consulting Group (CONSULTANT) and the City of Dubuque, Iowa (CITY). WHEREAS, CITY desires to engage CONSULTANT to conduct a Municipal Fire and Emergency Service Response and Deployment Study. NOW, THEREFORE, the parties hereto mutually agree as follows: (1) Employment of Consultant. CITY hereby engages CONSULTANT and CONSULTANT hereby agrees to perform the services described in CITY's Request for Proposals dated December 20, 2005, Exhibit A incorporated into this Agreement by reference and CONSULTANT'S proposal dated December 20, 2005, Exhibit S, incorporated into this Agreement by reference. (2) Time of Performance. The services to be performed hereunder by CONSULTANT shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of this Agreement but in no event later than August 31St, 2006. (3) Compensation. CITY agrees to pay CONSULTANT a sum not to exceed fifty- five thousand dollars ($55,000). CONSULTANT agrees to complete the project and all services provided herein for said sum. (4) Method of Payment. CONSULTANT shall bill monthly for its services as described in CONSULTANT'S Cost Proposal. CITY shall pay invoices within thirty (30) days of receipt. (5) Changes. CITY may from time to time request changes in the scope of services of CONSULTANT to be performed hereunder. Such changes shall be by written amendment to this Agreement. (6) Services and Materials to be Furnished by CITY. CITY shall furnish CONSULTANT with all available necessary information, data, and material pertinent to the performance of CONSULTANT'S services under this Agreement. CITY shall cooperate with CONSULTANT in carrying out the services herein and shall provide adequate staff for liaison with CONSULTANT. (7) Termination of Agreement. CITY shall have the right to terminate this Agreement for any reason, with or without cause, by giving written notice to 1 CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. (8) Reports. CONSULTANT shall, at such time and in such form as CITY may require, furnish such periodic reports concerning the status of the project, such statements, and copies of proposed and executed plans and other information relative to project as may be requested by CITY. CONSULTANT shall furnish CITY, upon request, with copies of all documents and other material prepared or developed in relation with or as part of the project. (9) Records and Inspections. CONSULTANT shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of one year after the completion of the project. CITY shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts there from, and to inspect all program data, documents, proceedings, and activities. (10) Completeness of Agreement. This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind either of the parties hereto. (11) CITY Not Obligated to Third Parties. CITY shall not be obligated or liable hereunder to any party other than CONSULTANT. (12) When Rights and Remedies Not Waived. In no event shall the making by CITY of any payment to CONSULTANT constitute or be construed as a waiver by CITY of any breach of covenant, or any default which may exist on the part of CONSULTANT and the making of any such payment by CITY while any such breach or default shall exist in no way impairs or prejudices any right or remedy available to CITY in respect to such breach or default. (13) Hold Harmless. Each party shall be responsible for its own acts and shall defend, indemnify and hold harmless the other party from any against any claim or 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 that party's respective agents, officers and employees. (14) Insurance. Consultant agrees to maintain insurance as set forth in the attached Insurance Schedule. (15) Personnel. CONSULTANT has all personnel required in performing the services under this Agreement. All of the services required hereunder shall be performed by CONSULTANT or under CONSULTANT'S supervision, and all personnel engaged in the work shall be qualified to perform such services. 2 (16) Assignability. Consultant may not assign, conveyor transfer its interest, rights and duties in this Agreement without the prior written consent of CITY. (17) Notices. Any notices, bills, invoices, or reports required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the addresses noted below: Michael Van Milligen City Manager City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Richard P. Brady, President Matrix Consulting Group 2470 EI Camino Real, Suite 210 Palo Alto, California 94306 CITY OF DUBUQUE, IOWA By: Date: MATRIX CONSULTING GROUP By: Date: 3