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HomeMy WebLinkAbout6.g. Professional Services Contract for Emergency PlanningAGENDA ITEM: Professional Services Contract for Emergency Planning AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of Police‘ Y AGENDA NO. VI. ATTACHMENTS: Agreement APPROVED BY: y -p- RECOMMENDED ACTION: Motion to approve a professional services contract with Searchlight Specialty Services for emergency planning services and authorizing Mayor Droste and City Administrator Verbrugge to execute the agreement. 4 ROSEMOUNT CITY COUNCIL City Council Meeting: February 6, 2007 The Council asked to approve a professional services contract with Mr Merle Lohse, dba Searchlight Specialty Services. Under terms of the contract, Searchlight Specialty Services will be responsible for completing several components of the pubhc health preparedness planning as approved m the City's pubhc health preparedness planning grant with Dakota County. The contract was drafted and approved by the City's attorney. EXECUTIVE SUMMARY PROFESSIONAL SERVICES AGREEMENT This Agreement is made this day of 2007, by and between Merle Lohse, d/b /a Searchlight Specialty Services, a Minnesota company, "Lohse and the city of Rosemount, a Minnesota municipal corporation "City"). Recitals 1. The City has received grant monies through the Dakota County and State of Minnesota Health and Emergency Management Departments related to planning in the event of a flu pandemic, and conducting community outreach and education on community and individual preparedness; and 2. The City desires to engage the services of a professional consultant to carry out the goals and purpose of the grant funding; and 3. Lohse has expressed willingness to provide such professional services to the City; and 4. The parties wish to define the scope of services and terms of their agreement. NOW, THEREFORE, the parties agree as follows. Terms 1. Scope of Services. Lohse will perform the following services for the City: A. Develop and complete a Continuity of Service annex to the Emergency Operations Plan no later than April 15, 2007. B. Develop and complete a Continuity of Service flow chart no later than April 15, 2007. C. Prepare a table top exercise regarding continuity of service during a pandemic flu epidemic and coordinate the exercise with City management staff. D. Prepare an After Action Report and Corrective Action Report following the table top exercise descnbed in paragraph C no later than June 15, 2007. E. Identify public education materials suitable for use in outreach programs within the City. F. Attend meetings related to the grant process and planning on behalf of the City. G. Review the City's Emergency Operations Plan and prepare recommendations for revisions. 2. Term. This Agreement commences upon its execution and terminates upon completion of the Scope of Services under this Agreement, as determined by the City. 1 Either party may terminate this Agreement at any time, for any reason, upon thirty (30) days advance written notice. 3. Compensation. The City will compensate Lohse in the amount of $8,000.00 for all services under this Agreement. Fifty (50 is payable upon completion of the Continuity of Service annex referenced in paragraph 1(A). Fifty percent is payable upon completion of the table top exercise, and After Action and Corrective Action Reports referenced in paragraphs 1(C) and (D). 4. Independent Contractor. Both Lohse and the City acknowledge and agree that Lohse is an independent contractor and not an employee of the City. Any employee or subcontractor who may perform services for Lohse in connection with this Agreement is also not an employee of the City. Lohse understands that the City will not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, worker's compensation insurance and unemployment insurance, nor will the City withhold any state or federal taxes, including income or payroll taxes, which may be payable by the Contractor. Lohse acknowledges that any general instruction he receives from the City has no effect on his status as an independent contractor. 5. Insurance. Lohse will maintain adequate insurance to protect himself and the City from claims and liability for injury or damage to persons or property for all work performed by Lohse and his respective employees or agents under this Agreement. Lohse shall name the City as an additional insured under his general liability policy in limits acceptable to the City. Prior to performing any services under this Agreement, Lohse shall provide evidence to the City that acceptable insurance coverage is effective. Lohse will also provide his own worker's compensation insurance and will provide evidence to the City of such coverage before providing services under this Agreement. 6. Indemnification. Lohse will hold harmless and indemnify the City, its officers, employees, and agents, against any and all claims, losses, liabilities, damages, costs and expenses (including defense, settlement, and reasonable attorney fees for claims as a result of any damages arising out of Lohse's performance under this Agreement. 7. Confidentiality /Data Practices. Under no circumstances may Lohse, or any of his employees, agents or personnel, provide information or data to anyone outside of the City's organization without written permission from the City Administrator. 8. Applicable Law. The execution, interpretation, and performance of this Agreement will, in all respects, be controlled and governed by the laws of Minnesota. 9. Assignment. Lohse may not assign this Agreement or procure the services of another individual or company to provide services under this Agreement without first obtaining the express written consent of the City Administrator. 10. Entire Agreement; Amendments. This Agreement constitutes the entire Agreement between the parties, and no other agreement prior to or contemporaneous with this 2 Agreement shall be effective, except as expressly set forth or incorporated herein. Any purported amendment to this Agreement is not effective unless it is in writing and executed by both parties. 11. No Waiver By City. By entering into this Agreement, the City does not waive its entitlement to any immunities under statute or common law. 12. Execution in Counterparts. This Agreement may be executed in counterparts by the parties. 13. Severability. Should any part or portion of this Agreement be deemed illegal or non binding by a court of law, the remainder of the Agreement shall remain in effect. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. CITY OF ROSEMOUNT By: City Administrator By: Mayor SEARCHLIGHT SPECIALTY SERVICES By: Its: 3