Fire Dept. Matrix Contract - Response & Deployment Study
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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.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
E. Daniel Brown, Fire Chief
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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
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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.
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(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:
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