CR 98-092 Consulting Service For Police RecordsJune 9, 1998
Overview
Council Report 98 -092
Staff recommends approval of the following motion:
Move that the City approve the proposal for consulting services for the Police
Records Management System to CRS Consulting & Engineering, Inc.
The police department records management system (RMS) is scheduled for
replacement this year. Because of the scope and complexity of these systems, it is
a normal practice for cities to use consultants to assist with the replacement
project.
The Police Department requested proposals from three firms. CRS Consulting and
Engineering, Inc. is currently under contract by the city of Eden Prairie for their
RMS project. As we have had preliminary talks with Eden Prairie on the feasibility
of sharing a system, and are actively pursuing this option, it may be practical to
consider using the same consultant.
The cost for the work outlined in the document from CRS is $26,300, plus
expenses for a stand -alone project. As long as we could work our meetings into
existing trips for other projects, these expenses should be minimal. Should the city
decide to procure the system in conjunction with the City of Eden Prairie, the total
cost for the services listed would be $18,107. Proposals from the other two firms
were $23,500 and $25,000 + expenses.
Supporting Documents
Proposal, CRS Consulting and Engineering, Inc.
4 JAJ f
Heather M. Alex, Admi istrative Ser ices Manager
Council Report
Page 1
Consulting Services Agreement (Sample)
City of Hopkins CAD - RMS Project
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT, made this day of , 1998, by and between the City
of Hopkins (City) and CRS Consulting and Engineering, Inc (Consultant) to assist in the
procurement of a Computer Aided Dispatch (CAD) and Record Management System (RSM)
for the City's Public Safety operations.
The City and Consultant agree as set forth below.
ARTICLE 1
BASIC SERVICES
The Consultant's Basic Services consist of the five phases described in Paragraphs 1.1
through 1.5.
1.1 SYSTEM DISCOVERY PROCESS
1.1.1 The Consultant shall review the City's existing dispatch and records operation to
ascertain functional needs and/or changes or improvements to the application or
process and review the understanding of such requirements with the City.
1.1.2 The Consultant shall perform an operational assessment for the City to identify new
functionality and/or information that is required at part of the CAD - RMS System
and shall review the finding with the City.
1.1.3 The Consultant shall provide a high level overview of the functionality of the new
system and the type of information available as determined in paragraphs 1.1.1 and
1.1.2.
1.1.4 The Consultant shall provide the City with the interfaces and systems that will be
required to provide the information defined in paragraphs 1.1.1 and 1.1.2.
1.1.5 The Consultant shall prepare, for approval by the City, a written report and five (5)
copies of the high level overview of the system and the required interfaces for the
CAD - RMS System.
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1.2 RFP s PREPARATION AND EVALUATION
1.2.1 The Consultant shall prepare the necessary bidding information, bidding forms, the
Conditions of the Contract, and the form of Agreement between the City and the
Vendor(s).
1.2.2 The Consultant will conduct one pre bid conference consisting of a question and
answers session for the vendors and a site tour of all locations referred to in the
specifications.
1.2.3 The Consultant will assist the City in answering written questions, requests for
change and requests for equal, from prospective bidders during this phase. No
verbal questions or requests from prospective bidders will be responded to.
1.2.4 The Consultant will assist the City in the review, evaluation and selection of the
Vendor for the CAD - RMS System based on the responses received from the various
Vendor(s).
1.3 SCOPE OF WORK (SOW) DEFINITION
1.3.1 The Consultant will assist the City and work with the selected Vendor to develop a
Scope of Work and final contacting documents for the project per the RFP
requirements.
1.3.2 The Scope of Work will include a detailed description of the Vendor's and City's
responsibilities for the project, interface requirements for any existing system that
need to connect to the new CAD - RMS System, a complete functional description
of the CAD - RMS System and an Acceptance Test.
1.3.3 The Consultant shall provide five (5) copies of the Scope of Work.
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1.4 IMPLEMENTATION AND INSTALLATION SUPERVISION
1.4.1 The Consultant shall be a representative of the City during the installation Phase,
and shall advise and consult with the City. Instructions to the Vendor(s) shall be
forwarded through the Consultant.
1.4.2 The Consultant shall have authority to act on behalf of the City only to the extent
provided in the SOW and in this Consulting Services Agreement unless otherwise
modified by written instrument in accordance with Paragraph 1.4.10.
1.4.3 The Consultant shall visit the work sites to become familiar with the progress and
quality of the Work and to determine in general if the Work is proceeding and being
performed in accordance with the SOW. The Consultant shall be required to make
on -site inspections to check the quality and the quantity of the Work, and to
determine if the Vendor(s) is fulfilling its obligations under the SOW. On the basis
of such on -site observations as a Consultant, the Consultant shall keep the City
informed of the progress and quality of the Work, and shall endeavor to guard the
City against defects and deficiencies in the Work of the Vendor(s).
1.4.4 Except as provided in Paragraph 1.4.8, the Consultant shall not have control or
charge of and shall not be responsible for construction means, methods, techniques,
sequences or procedures, or for the safety precautions and programs in connection
with the Work, for the acts or omissions of the Vendor(s), Subvendors or any other
persons performing any of the Work, or for the failure of any of them to carry out
the Work in accordance with the SOW.
1.4.5 The Consultant shall be the interpreter of the requirements of the SOW and the
judge of the performance thereunder by both the City and Vendor. The Consultant
shall render interpretations necessary for the proper execution or progress of the
Work with reasonable promptness on written or oral request of either the City or
the Vendor, and shall render written decisions, within a reasonable time, on all
claims, disputes and other matters in question between the City and the Vendor
relating to the execution or progress of the Work or the interpretation of the SOW.
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1.4.6 Interpretation and decisions of the Consultant shall be consistent with the intent of
the reasonably inferable from the SOW, and shall be in written or graphic form. In
the capacity of interpreter and judge, the Consultant shall endeavor to secure
faithful performance by both the City and the Vendor, shall not show partiality to
either, and shall not be liable for the result of and interpretation or decision
rendered in good faith in such capacity.
1.4.7 The Consultant's decisions in matters relating to artistic effect shall be final if
consistent with the intent of the SOW. The Consultant's decisions on any other
claims, disputes or other matters, including those in question between the City and
the Vendor(s), shall be subject to arbitration as provided in this Agreement and in
the SOW.
1.4.8 The Consultant shall prepare Change Orders for the City's approval and execution in
accordance with the SOW, and shall have authority to order minor changes in the
Work not involving an adjustment in the Contract Sum or an extension of the
Contract Time which are not inconsistent with the intent of the SOW.
1.4.9 The Consultant shall conduct inspections to determine the Dates of Substantial
Completion and final completion, shall receive and forward to the City for the City's
review, written warranties and related documents required by the SOW and
assembled by the Vendor(s), and shall issue a approval for final Payment.
1.4.10 The Consultant shall monitor the work of the Vendor(s) and all Sub - Vendors. On
behalf of the City, the Consultant shall be responsible for enforcing the Vendor's
obligations under the SOW. It shall be the Consultant's duty to require the Vendor
to perform in accordance with the SOW. If any dispute or claim arises involving
the Vendor and what the SOW requires, the Consultant shall render an
interpretation and decision in good faith according to Paragraphs 1.4.3 and 1.4.4 of
this Agreement. Once the Consultant has made a decision, it shall be the
Consultant's obligations to demand the Vendor to comply with the decision.
1.4.11 The Consultant shall provide coordination of Work performed by separate Vendors
or by the City's own forces.
1.4.12 The extent of the duties, responsibilities and limitations of authority of the
Consultant as the City's representative during the implementation shall not be
modified or extended without written consent of the City and the Consultant.
1.5 ACCEPTANCE TESTING
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Consulting Services Agreement (Sample)
City of Hopkins CAD - RMS Project
1.5.1 Prior to issuance of the approval for final Payment, the Consultant shall operate,
inspect and test the CAD - RMS System and all components per the acceptance test
in the SOW
1.5.2 If the CAD RMS System and the components do not so function, the Consultant
shall specify what remedial action has to be taken and shall, consistent with the
SOW, enforce the Vendor's obligations under the Contract in order to remedy the
CAD - RMS System and the components thereof.
1.5.3 Issuance by the Consultant of approval for Final for Payment, shall be deemed a
representation to the City by the Consultant that upon operation, inspection and
testing of the CAD - RMS System and the components thereof by the Consultant,
the same was found to properly function in accordance with the uses for which
they are intended, the design specifications and the installation requirements.
1.6 NON- REIMBURSABLE EXPENSES RELATED TO BASIC SERVICES
1.6.1 The required number of copies of the SOW and the five (05) copies of the written
report including the system discovery, RFP and evaluation shall not be deemed a
Reimbursable Expense but instead shall be provided to the City under Basic Services.
2.1 ADDITIONAL SERVICES
ARTICLE 2
CONSULTANT'S ADDITIONAL SERVICES
2.1.1 The following Services are not included in Basic Services. They shall be provided if
authorized or confirmed in writing by the City as provided in this Agreement, in
addition to the compensation for Basic Services.
2.1.2 Providing services relative to future facilities, systems and equipment, which is not
part of this project.
2.1.3 Providing services to verify the accuracy of drawings or other information furnished
by the City.
2.1.4 Providing Detailed Estimates of System Cost, or analyses of operating costs.
2.1.5 Providing interior design and other similar services required for or in connection
with the selection, procurement or installation of furniture, other furnishings and
related equipment.
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Consulting Services Agreement (Sample)
City of Hopkins CAD - RMS Project
2.1.6 Preparing to service or serving as an expert witness in connection with any
arbitration proceedings or legal proceeding or public hearings.
2.1.7 Making revisions in Drawings, Specifications or other documents when such
revisions are inconsistent with written approvals or instructions previously given,
are required by the enactment or revision of codes, laws or regulations subsequent
to the preparation of such documents or are due to other causes not solely within
the control of the Consultant.
2.1.8 Preparing Drawings, Specifications and supporting data and providing other services
in connection with Change Orders to the extent that the adjustment in the Basic
Compensation resulting from the adjusted Project Cost is not commensurate with
the services required of the Consultant, provided such Change Orders are required by
causes not solely within the control of the Consultant.
2.1.9 Providing services made necessary by the default of the Vendor(s), or by major
defects or deficiencies in the work of the Vendor(s), or by failure of performance of
either the Owner or Vendor(s) under the Contract for the System.
2.1.10 Preparation of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
2.1.11 Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted Consulting practice.
2.1.12 If the Vendor(s) of the project defaults by exceeding the time limit for completion of
construction, the Consultant will, with City's prior approval, bill the City for
additional travel expense, Consulting work, and such that may be required until the
Vendor successfully completes the project.
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4.1.5 Postage.
ARTICLE 3
SCHEDULE
3.1 The Consultant shall perform Basic and Additional Services as expeditiously as is
consistent with professional skill and care and the orderly progress of the Work.
Prior to execution of the Consulting Services Agreement the Consultant shall
submit for the City's approval a schedule for the performance of the Consultant's
services which shall be adjusted as required as the Work proceeds, and shall include
allowances for periods of time required for the City's review and approval of
submissions. This schedule, when approved by City shall not, except for reasonable
cause, which includes acts of God, war, bankruptcy or anything else beyond either
party's control, be exceeded by the Consultant.
ARTICLE 4
REIMBURSABLE EXPENSES
4.1 Reimbursable expenses are in addition to Compensation for Basic and Additional
Services and include actual expenditures made by the Consultant and the
Consultant's employees and consultants in the interest of the CAD - RMS System for
the expenses listed in the following Paragraphs:
4.1.1 Travel and living expenses incurred when travel is required from CRS Consulting
and Engineering, Inc. office located in Denver, Colorado. Expenses include but are
not limited to; airfare, car rental, lodging, and meal allowance ($35 per day). CRS
will strive to minimize these costs as much as possible. Travel and living expenses
may not exceed the limit specified in Article 7 section 7.1.1.
4.1.2 Expense of data processing and photographic production techniques when used in
connection with Additional Services.
4.1.3 If authorized in advance by the City, expense of overtime work requiring higher
than regular rates.
4.1.4 Expense of any additional insurance coverage or limits, professional liability
insurance, requested by the City in excess of that normally carried by the
Consultant and the Consultant's consultants.
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4.1.6 Except as modified by Paragraph 1.6.1 expense of reproductions of documents,
excluding reproductions for the office use of the Consultant and the Consultant's
consultants.
4.1.7 Expense of renderings, models, and mock -up if requested in writing by the City.
4.1.8 Expenses for any tax imposed or collection requirement that may be placed on the
Consultant by state or federal agencies such as sales or consumption taxes.
ARTICLE 5
THE CITY'S RESPONSIBILITIES
5.1 The City shall designate, when necessary, a representative authorized to act in the
City's behalf with respect to the CAD - RMS system project. The City or such
authorized representative shall examine the documents submitted by the Consultant
and shall render decisions pertaining thereto promptly, to avoid unreasonable delay
in the progress of the Consultant's services.
5.2 The City shall furnish all legal and accounting services as may be necessary at any
time for the CAD RMS system project.
5.3 The City shall furnish required information and expense and shall render approvals
and decisions as expeditiously as necessary for the orderly progress of the
Consultant's services and of the Work.
5.4 If the City observes or otherwise becomes aware of any fault or defect in the Work
or nonconformance with the SOW, the City thereof shall give prompt written notice
to the Consultant.
5.5 The City shall provide access to sites, equipment, information and records required
to successfully complete this project.
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5.6 MEDIA CONTACT: The Consultant will not be asked or expected to serve as the
public spokesperson to the media on any aspect of the project. The Consultant will
refer all requests for public comment on the project to the City's designated
representative.
ARTICLE 6
DESIGNATION OF RESPONSIBLE PERSON
6.1 The Consultant hereby designates and agrees that Scott A. Skibness shall be the
person responsible for receiving and responding to all communications and requests
from the City.
Consultant shall at all times employ, retain and name Scott A. Skibness to be in
charge of the Consulting work required hereunder and for the performance of all of
the Consultant's obligations hereunder.
ARTICLE 7
BASIS OF COMPENSATION
7.1 BASIC COMPENSATION
7.1.1 The City shall pay the Consultant a fixed fee of twenty six thousand three hundred
dollars ($26,300) per the payment schedule in Article 8 section 8.1.1. The
$26,300.00 includes all work performed by the Consultant for services described in
Article 1, including expenses for subvendor, subconsultants, secretarial and
photocopying related to basic services. Any travel and living expenses per Article 4
section 4.1.1 will be billed in addition to the fixed fee. Total travel and living
expenses shall not exceed twenty five percent (25%) of the fixed fee.
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7.2 ADDITIONAL SERVICES
7.2.1 For Additional Services as defined in Article 2, compensation shall be made on the
following hourly rates, without any hourly rate multiplier:
Principal Consultant $ 85.00 per hour
Consultant Other $ 65.00 per hour
Clerical $ 2 2.5 0 per hour
Other personnel (list by job description and hourly rate.) $ TBD per hour
7.2.2 Time records shall be kept and compensations computed in quarters of hours.
7.3 REIMBURSABLE EXPENSES
7.3.1 Compensation for Reimbursable Expenses as defined in Article 4 shall be the same
as the amounts expended by the Consultant's, the Consultant's employees and
consultants in the interest of the CAD - RMS system project. There shall be no
mark -up or multiplier.
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PROJECT PHASE
PERCENT
System Discovery
11%
RFP Preparation &
Evaluation
34%
SOW
16%
Implementation &
Installation
29%
Acceptance Testing
10%
Consulting Services Agreement (Sample)
City of Hopkins CAD - RMS Project
ARTICLE 8
PAYMENTS TO THE CONSULTANT
8.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.1.1 Payments for Basic Services shall be made at the completion of each Basic Services
Phase and shall be in proportion to services performed within each Phase of services
so that Basic Compensation for each Phase shall equal the following percentages of
the total Basic Compensation payable:
8.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.2.1 Payments on account of the Consultant's Additional Services as defined in Article 2
shall be made at the completion of each Basic Services Phase within which the
Additional Services, if any, were rendered and upon presentation of the Consultant's
statement of services rendered.
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8.3 PAYMENTS ON ACCOUNT OF REIMBURSABLE EXPENSES
8.3.1 Payments on account of the Consultant's Reimbursable Expense as defined in
Article 4 shall be made at the completion of each Basic Service Phase within which
the expenses were incurred and upon presentation of the Consultant's statement of
expenses.
ARTICLE 9
CONSULTANT'S ACCOUNTING RECORDS
9.1 Time records with respect to Additional Services shall be kept by the Consultant
and records of Reimbursable Expenses shall be kept by the Consultant on the basis
of generally accepted accounting principles; all records shall be available to the City
or the City's authorized representative at mutually convenient times.
ARTICLE 10
OWNERSHIP AND USE OF DOCUMENTS
10.1 Plans, drawings, reports and specifications as instruments of service shall be the
property of the City whether the CAD - RMS system project for which they are
made is executed or not. The City shall also be permitted to retain copies, including
reproducible copies, of Drawings and Specifications for information and reference in
connection with the City's use of the CAD - RMS system project and related
communications components or facilities. The City shall have the right to use the
plans, drawings, specifications and reports for use in other projects for use by the
City or for additions to this CAD - RMS System. The City may provide copies to
project maintaining agencies.
10.2 Submission or distribution to meet official regulatory requirements or for other
purposes in connection with the CAD - RMS system project is not to be construed
as publication in derogation of the Consultant's rights.
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ARTICLE 11
ARBITRATION
11.1 The City and Consultant agree to submit all claims, disputes and other matters in
question between the parties arising out of or relating to the agreement to
mediation. The parties hereto shall decide whether mediation shall be binding or
non - binding. If the parties cannot reach agreement, mediation shall be non-
binding. In the event mediation is unsuccessful, either party may exercise its legal
or equitable remedies and may commence such action prior to the expiration of the
applicable statute of limitations.
ARTICLE 12
TERMINATION OF AGREEMENT
12.1 The Consultant upon seven days' written notice may terminate this Agreement
should the City fail substantially to perform in accordance with its terms through
no fault of the Consultant.
12.2 The City upon at least seven days' written notice to the Consultant may terminate
this Agreement.
12.3 In the event of termination not the fault of the Consultant, the Consultant shall be
compensated for all services performed to termination date, together with
Reimbursable Expenses then due.
ARTICLE 13
SUCCESSORS AND ASSIGNS
13.1 The City and the Consultant, respectively, bind themselves their partners,
successors, assigns and legal representatives to the other party to this Agreement
and to the partners, successors, assigns and legal representatives of such other party
with respect to all covenants of this Agreement. Neither the City nor the
Consultant shall assign, sublet or transfer any interest in this Agreement without
the written consent of the other.
ARTICLE 14
EXTENT OF AGREEMENT
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14.1 This Agreement represents the entire integrated agreement between the City and the
Consultant and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by written
instrument signed by both the City and the Consultant.
ARTICLE 15
MISCELLANEOUS PROVISIONS
15.1 Unless otherwise specified, the laws of the State of Minnesota shall govern this
Agreement.
15.2 As between the parties to this Agreement; as to all acts of failures to act by either
party to this Agreement, any applicable statute of limitations shall commence to
run and any alleged cause of action shall be deemed to have accrued in any and all
events not later than the relevant Date of Substantial Completion of the Work, and
as to any acts or failures to act occurring after the relevant Date of Substantial
Completion, not later than the date of issuance of the final Payment.
15.3 The Consultant shall not be liable for damages resulting from delay in delivery or
performance of any of its obligations herewith, provided that such delay arises out
of cause beyond the Consultant's reasonable control and without its fault or
negligence, including but not limited to acts of God or Government, fires, floods,
accidents or other casualties, quarantine, strikes, or default of a subcontractor if
such default arises out of control of either the Consultant or subcontractor, without
the fault or negligence of either of them. In the event of such delay, performance or
delivery shall be extended for a time period as may be reasonably necessary to
compensate for such delay.
15.4 The Consultant shall defend, indemnify and hold harmless the City, its officials,
employees and agents, from any and all claims, causes of actions, lawsuits,
damages, losses, or expenses, including attorney fees, arising out of or resulting
from the Consultant's (including it officials, agents or employees) performance of
the duties required under this Agreement, provided that such claim, damages, loss
or expense is attributable to bodily injury, sickness, diseases or death or to injury to
or destruction of property including the loss of use resulting therefrom and is caused
in whole or in part by any negligent act or omission or willful misconduct of the
Consultant. The Consultant is not responsible for any indirect or consequential
damages which result from the design, engineering process and operation of the
CAD - RMS system.
15.5 The City shall defend, indemnify and hold harmless the Consultant, its officials,
employees and agents, from any and all claims, causes of actions, lawsuits,
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damages, losses, or expenses, including attorney fees, arising out of or resulting
from the City's (including it officials, agents or employees) performance of the duties
required under this Agreement, provided that such claim, damages, loss or expense
is attributable to bodily injury, sickness, diseases or death or to injury to or
destruction of property including the loss of use resulting therefrom and is caused in
whole or in part by any negligent act or omission or wilful misconduct of the City.
15.6 The Consultant agrees to maintain comprehensive general liability insurance in the
amount of $1,000,000 during the term of this agreement.
15.7 The Consultant agrees to maintain errors and omission insurance in the amount of
$ 1,000,000 during the term of this agreement.
15.8 It is agreed that nothing herein contained is intended or should be construed in any
manner as creating or establishing the relationship of copartners between the
parties hereto or as constituting the Consultant's staff as the agents, representatives
or employees of the City for any purpose and in any manner whatsoever. The
Consultant and its staff are to be and shall remain an independent Vendor with
respect to all services performed under this agreement. The Consultant represents •
that it has, or will secure at its own expense, all personal required in performing
services under this agreement. Any and all personal of the Consultant or other
persons, while engaged in the performance of any work or services required by the
Consultant under this Agreement shall have no contractual relationship with the
City and shall not be considered employees of the City, and any an all claims that
might arise under the Worker's Compensation Act of the State of Minnesota on
behalf of said personnel or other persons while so engaged, and any and all claims
whatsoever on behalf of any such person pr personnel arising out of employment or
alleged.employment including, without limitation, claims of discrimination against
the Consultant, it officers, agents, Vendors, or employees shall in no way be the
responsibility of the City; its officers, agent, and employees harmless from any and
all such claims regardless of any determination of any pertinent tribunal, agency,
board, commission or court. Such personnel or other persons shall not require nor
be entitled to compensation, rights, or benefits of any kind whatsoever from the
City, including, without limitation, tenure rights, medical and hospital car, sick and
vacation leave, Worker's Compensation, Unemployment Compensation, disability,
severance pay and PERA.
ARTICLE 16
NON- CONFLICT WARRANTY
16.1 The Consultant warrants that neither is it employed by nor has it solicited from any
potential source of software, hardware or CAD -RMS equipment a commission
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percentage, brokerage or contingent fee with respect to the subject matter of this
Agreement.
IN WITNESS WHEREOF, the City and Consultant have entered into this Agreement the
day and year first written above.
City of HOPKINS
By
City Manager
By
Mayor
CRS Consulting & Engineering, inc.
By
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Consulting Services for CAD /RMS
1 of 1
Subject: Consulting Services for CAD/RMS
Date: Sat, 28 Mar 1998 10:58:40 -0700
From: "Scott Skibness" <scotts_crs @email.msn.com>
To: "Heather Alex - Hopkins" <hmalex @HPD911.org>
Heather,
Per our conversation, I have attached a sample services agreement and have
outlined some additional information on pricing.
The sample services agreement shows the type of services CRS would provide
and the cost to the City for a stand -alone project. The total cost as
outlined in the agreement is $26,300 plus expenses. As I mentioned, as long
as we could work our meetings into existing trips I have planed for other
projects, these expenses would be minimal.
Should the City elect for CRS to provided only some of the services listed,
the cost for the individual services are as follows: System Discovery /
Needs Assessment- $2,893, RFP Preparation & Evaluation - $8,942, Scope of
Work - $4,208, Implementation - $7,627 and Acceptance. Testing - $2,630.
If the City decides to procure the system in conjunction with the City of
Eden Prairie, the total cost for the services listed would be $18,107.
This could be, as we discussed, a shared or an individual system procured
together from one source.
I hope this information has been helpful and if you have any question I can
be reached at 303.921.1900 or by e -mail at ScottS @MSN.COM.
Sincerely,
Scott Skibness
Consulting Services Agreement V1.0.doc
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