HomeMy WebLinkAbout2018-28742o18 -2874
AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS
AND McGRATH CONSULTING GROUP, INC. FOR A
PUBLIC SAFETY STAFFING STUDY - FIRE/EMS 3 POLICE
THIS AGREEMENT made by and between McGrath Consulting Group, Inc.,
hereinafter called the Consultant, and the City of Columbia Heights,
hereinafter called the City.
WHEREAS, the consultant submitted a proposal, dated June 2018, to the
City to conduct a Public Safety Staffing Study (police, fire, and EMS) for
the City of Columbia Heights.
NOW, THEREFORE, the parties (the City and the Consultant) do mutually
agree to the following:
The City shall engage the Consultant to perform the work described
in its proposal of June 2018, referred to as the PROJECT, which is
incorporated herein by reference.
The PROJECT shall be undertaken and completed in such sequence
as to assure the expeditious completion and best carry out the purposes
of the agreement. The PROJECT will begin no later than September 2018.
The Consultant agrees to complete the PROJECT in the agreed
upon timeline for a total compensation of $59,750 in consultation fees and
expenses. The City agrees to pay the Consultant for work on the PROJECT
and expenses incurred, as the performance of such work is approved by
the City and documented by the Consultant, by submission of an invoice
for $5,000 after receipt of the signed contract; $44,750 upon submission of
the draft report; and the balance - $10,000 upon submission of the final
report. The City shall remit payment within 30 days of receipt of said
approved billing. In consideration of this agreement, the City agrees to:
• Assure reasonable access to the members of each organization,
i.e., City, police, fire, and EMS departments, and other
appropriate employees.
Afford prompt decisions on matters affecting the progress of the
work.
GENERAL CONSIDERATIONS
1. Ownership and Proprietary Information - The parties expressly agree
that all data, documents, records, studies, or other information
generated, created, found or otherwise completed by consultant in
McGrath Consulting Group. Inc.
the performance of consultant's duties under the terms of this contract
shall at all times remain the proprietary information of and under the
ownership of the City. All data, documents, records, studies, or other
information generated, referred to above, shall be provided to the City
by consultant upon request so long as the City is not in default under
other terms of this agreement.
2. Nondiscrimination - In consideration of the signing of this Agreement,
the parties hereto for themselves, their agents, officials, employees,
and servants agree not to discriminate in any manner on the basis of
race, color, creed, or national origin with reference to the
performance of this Agreement.
3. Termination and Suspension
a. This Agreement will continue in full force and effect until
completion of the PROJECT as described in the proposal
unless it is terminated for nonperformance as outlined below.
b. If either party fails to perform as required by this Agreement,
the other party may terminate it by giving written notice of
such failure to perform and the intent to terminate. If the
party receiving such notice does not cure its failure to
perform within 20 days of such notice, the party issuing such
notice may then terminate the Agreement by giving written
notice of termination to the other party.
C. In the event of termination, the Consultant will be paid by the
City for all services actually, timely, and faithfully rendered up
to the receipt of the notice of termination. The Consultant will
provide all work documents developed up to the time of
termination after the City renders final payment for service.
4. Successors and Assigns - The City and the Consultant each bind the
other and assigns, in all respects, to all of the terms, conditions,
covenants, and provisions of this Agreement, and any assignment or
transfer by the Consultant of it interest in this Agreement without the
written consent of the City shall be void.
5. Compliance with Law -The Consultant will comply with any and all
applicable federal, state, and local laws as the same exist and may be
amended from time to time.
b. Amendment of Agreement - This Agreement shall not be altered,
changed or amended except by mutual written agreement of the
parties.
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08/15/18
7. Confidentiality - Any information provided by the City to the
Consultant shall be governed by, and maintain its classification under,
the Minnesota Government Data Practices Act. Any confidential
information provided to or developed by the Consultant in the
performance of the agreement shall be kept confidential and not
made available to any individual or organization by the Consultant
without the prior written approval and consent of the City.
8. Whole Agreement - This agreement constitutes the entire agreement
between The City and the Consultant. Any modification must be in
writing and approved by the City and the Consultant. The agreement
incorporates all the agreements, covenants, and understanding
between the parties concerning the subject matter hereof, and all
such covenants, agreements, and understands have been merged
into this written agreement.
9. Independent Contractors -- The Consultant and its agents and
employees are independent contractors performing professional
services for the City and are not employees of the City. Nothing herein
shall be construed as incurring for the City any liability for Worker's
Compensation, FICA, withholding tax, unemployment compensation,
or any other payment, which would be required to be paid by the City
it the City and the Consultant were standing in an employer /employee
relationship, and the Consultant hereby agrees to assume and pay all
such liabilities.
10. Subcontract - The Consultant shall not subcontract any portion of the
services to be performed under this agreement without the prior
written prior approval of the City.
The parties have executed this Agreement, the day and year first above
written.
Approved By:
By:
Walter Fehs , City Manager Tim Mc ath, CEO
City of Columbia Heights McGrath Consulting Group, Inc.
Date
McGrath Consulting Group, Inc.
d8 /1S /18
/9J
Date
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