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CR 2003-162 Professional Service Agreement 800 MHZ Radio ProjectOctober 28, 2003 eAfrowy Connie J. Kurtz Administrative Services Director G \TY OF Professional Service Agreement 800 MHZ Radio Project Council Report 2003 -162 Proposed Action Staff recommends adoption of the following motion: Move to authorize the City of Hopkins to enter into a professional service agreement with Ronald Vegemast Engineering, Inc. to provide engineering services for the 800 MHz radio proiect. Overview Staff has identified the need for improvements in the city's two -way radio communications system related to the migration to use of the Minnesota Metro Public Safety Radio System. The city needs to acquire the services of a registered professional engineer to assist in the development of final design and equipment details related to the radio system improvements. Mr. Vegemast provided engineering services during the preliminary feasibility study for this project. The Metropolitan Radio Board funded those services. Mr. Vegemast is a registered professional engineer, who has considerable knowledge of the Minnesota Metro Public Safety Radio Project as well as knowledge of our engineering needs. Mr. Vegemast's services shall be provided for a firm fixed fee of $24,000. (160 hours x $150 /hour). These fees are included in the proposed radio project budget (Council Report 2003 -161). Supporting Documents Professional Service Agreement with Ronald Vegemast Engineering, Inc. Financial Impact: $ 24. 000 Budgeted: Y/N Y Source: ERP Related Documents (CIP, ERP, etc.): Notes: Included in radio project costs SECTION 1: ENGAGEMENT PROFESSIONAL SERVICE AGREEMENT HIS AGREEMENT is made and entered into by and between the city of Hopkins, Minnesota, hereafter referred to as "the City ", and RONALD VEGEMAST ENGINEERING, INC., hereafter referred to as the "Consultant ". WHEREAS, the City has identified the need for improvements in the city's two -way radio communications related to migration to use of the regional 800 MHz trunked radio system; and WHEREAS, the City needs to acquire the services of a registered professional engineer to assist in the development of final design and equipment details related to the two -way radio communications improvements; and WHEREAS, Ronald Vegemast is a registered professional engineer and he has agreed to complete the necessary work; and NOW, THEREFORE, in consideration of the mutual promises and covenants set forth in this Agreement, the City and the Consultant agree as follows: A. The City hereby engages the Consultant to provide, and the Consultant hereby accepts the engagement to provide professional services described herein. The parties agree that the Consultant is an independent contractor. Nothing contained in this agreement is intended or should be construed as creating the relationship of co- partners or joint ventures with the City. No tenure or any rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, or other benefits available to City employees, shall accrue to the Consultant or employees or agents of the Consultant performing services under this Agreement. B. Consultant agrees to assign Ronald Vegemast, P.E., as the principal person to perform duties required under this Agreement. The Consultant may assign other competent personnel as necessary to provide services under this Agreement. All such personnel shall be under the direction and control of Ronald Vegemast, P.E. C. The City shall designate one employee as the Project Director who shall act with and on behalf of the City. That employee shall be Ms. Connie Kurtz or her designated representative. D. The Consultant's employees and associates shall coordinate work schedules with the Project Director. 1 • SECTION II: PROFESSIONAL SERVICES l The services to be provided pursuant to this Agreement shall consist of the following tasks: IP • Prepare specification details of radio communications control console electronic equipment requirements that will be used to purchase and test that equipment. All equipment will be consistent with Metropolitan Radio Board and Hennepin County standards. Provide engineering design, specification and procurement support for microwave point -to- point radio equipment to link the Hopkins dispatch center to the regional 800 MHz trunked radio system infrastructure that is consistent with Metropolitan Radio Board and Hennepin County standards. Consult with the building remodeling architect and building electrical engineer in regard to internal wiring required. Assist in the development of agreements between the city of Hopkins and radio equipment contractors for the radio communications control console and microwave equipment procurement. • Prepare a technical description of the proposed equipment additions for submittal to the System Managers Group, the Technical Operations Committee, the MnDOT Office of Electronic Communication and the Metropolitan radio Board for required approvals. Provide technical support while these entities evaluate the request by the city of Hopkins to migrate to use of the regional 800 MHz trunked radio system. No equipment will be procured until all approvals have been received. • Assist with the development and approval of a formal agreement to use the regional 800 MHz trunked radio system between the City and the Metropolitan Radio Board. • Periodically observe the work of the contractors during the implementation /installation phase of the project and report to the City's Project Director. Consultant will be available to the Project Director by telephone during normal business hours, Monday through Friday, during the tendency of this agreement. Consultant will observe final testing of the equipment and report to the City's Project Director. • Assist with the purchase and configuration, including fleet mapping, of portable and mobile radio equipment including accessories. SECTION III: PROFESSIONAL SERVICES FEES The services listed in Section II above shall be provided for a firm fixed fee of $24,000.00. The Consultant will bill the City monthly for the work completed in the previous month. SECTION IV: ADDITIONAL TASKS Any changes or additions to the Agreement will be described in writing in the form if an Exhibit. All Exhibits will include the scope of work to be performed and cost. This Agreement cannot be amended except in writing. Acceptance of any amendment will be indicated by the Consultant and City signing the Exhibit. . 2 SECTION V: DEFAULT AND CANCELLATION If the Consultant fails to perform any of the provisions of this agreement or so fails to administer the w ork as to endanger the performance of the Agreement, this shall constitute a default. Unless the City, through the Project Director, excuses the Consultant's default the City may upon written notice immediately cancel the Agreement in its entirety. • This Agreement may be cancelled with cause by either party upon thirty (30) days written notice. SECTION VI: SUBCONTRACTING AND ASSIGNMENT The Consultant shall not enter into any subcontract for performance of any services contemplated under this Agreement, nor assign any interest in the Agreement without the prior written approval of the City and subject to such conditions and provisions as the City may deem necessary. The Consultant shall be responsible for the performance of all Subcontractors. SECTION VII: MISCELLANEOUS PROVISIONS A. The Consultant will comply with Title VII of the Civil Rights Act of 1964. No person shall be denied the benefits of, or otherwise be subjected to discrimination under any program, service, or activity under the provisions of any and all applicable federal and state laws against discrimination on the grounds of race, color, religion, sex, disability, marital status, public assistance status, ex- offender status, or national origin. B. The Consultant agrees that it will remain in full compliance with all provisions of the Americans • with Disabilities Act during the entire period during which this contract is in force. C. This Agreement and performance hereunder shall be governed by the construed and enforced in accordance with the laws of the State of Minnesota. The Consultant having signed this Agreement, and the city of Hopkins having duly approved this Agreement on the _ day of , 2003, and pursuant to such approval and the proper city officials having signed this contract, the parties hereto agree to be bound by the provisions herein set forth. THE CITY OF HOPKINS, MINNESOTA By: Eugene J. Maxwell, Mayor RONALD VEGEMAST ENGINEERING, INC. By: Ronald Vegemast, P.E. CEO By: Steven C. Mielke, City Manager 3