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Home My WebLink About2009-174 - Agreement with TUSABILL N0.2009-174 ORDINANCE NO. 2009-174 AN ORDINANCE AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH TUSA CONSULTING SERVICES II, LLC, FOR CONSULTING SERVICES FOR MOTOROLA COMMUNICATIONS SYSTEM AGREEMENT BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: (1) The Mayor is hereby authorized to sign in behalf of the City the attached consulting agreement with TUSA Consulting Services II, LLC, in connection with Motorola Communications System Agreement. (2) This ordinance shall be in full force and effect immediately upon passage. ADOPTED AND APPROVEp ~y the Board o dermen and ayor of the City of Riverside, Missouri, this /5~ day of 2009. ~°~~~~ MAYOR CONSULTING AGREEMENT 1. Parties THIS CONSULTING AGREEMENT made this ~~day of 20~ between TUBA Consulting Services II, LLC ("TUBA") and City of Riverside, Mi ouri, ("City") as follows. 2. Statement of Services A. Scope of Agreement. This Agreement contains the entire agreement and understanding with respect to the subject matter hereof and supersedes all prior agreements, proposals, negotiations, or other correspondence, whether written or oral relating to the provision of services by TUSA to City. In the event of any conflict between the provisions of Appendix A and the provisions of this Agreement, the provisions of the Appendix A shall prevail. B. Scope of Work. Subject to the following terms and conditions, TUBA shall provide consulting services in accordance with Appendix A, agreed to between the parties (the "Work"). The Appendix shall be executed on behalf of each of the parties. C. Responsibilities. TUSA shall appoint a Technical Representative for the Work to be performed and provide the technical direction of the Work City agrees to provide suitable work space, computers, equipment, and all technical or other information required by TUBA to perform its services. 3. Payment A. Time and Material. All work performed by TUBA shall be rendered on a fixed sum basis. City will pay TUSA for the services performed under this Agreement in the amounts specified in Appendix A. B. Invoices. Invoices shall be rendered on a monthly basis to City after the performance of the Work. Payment shall be made by City to TUSA -~- within thirty (30) days from the date of each Invoice. C. Out-of-Pocket Expenses. Reasonable out-of-pocket expenditures incurred by TUBA shall be paid by City not to exceed 10% above the estimate set forth in Appendix A. D. Accounting Records. TUSA will maintain complete and accurate accounting records, in a form in accordance with its standard practices, and shall retain such records for a period of one (1) year from date of final payment for work performed. 4. Confidentiality A. Definition of "Confidential Information." The term "Confidential Information" shall mean matters relating to City's business activities that are in a written form clearly marked "Confidential", except such information which: (i) was previously known to TUSA, (ii) is generally available to the public, or (iii) is subsequently disclosed to TUSA by a third party who is not under any obligation to City. B. Standard of Care. TUSA shall use its best efforts to hold all Confidential Information in confidence for City. Upon termination of this Agreement TUSA will deliver to City all City materials containing Confidential Information or make such other reasonable disposition of such materials as City may direct. 5. Proprietary Rights A. City Property. Any programs, data, or other materials furnished by City for use by TUSA in connection with the services performed under this Agreement shall remain the sole property of City. All such materials shall be returned to City upon receipt by TUSA of the final payment for all Work performed. B. TUSA Property. Any ideas, concepts, know-how, techniques, or sequences, developed during the course of this Agreement by TUSA, or jointly by TUSA and City, shall be the exclusive property of TUSA. 6. Warranty of Performance A. Standard of Performance. TUSA shall exercise ordinary reasonable care to perform the Work in accordance with the standards of their industry. 7. Term, Termination A. Commencement Date. This Agreement becomes effective on the date signed by TUSA and City. B. Termination. Unless otherwise provided, either party may terminate this Agreement upon not less than thirty (30) days prior written notice to the other. 8. Independent Contractors A. Independent Contractors. In the performance of this Agreement TUSA is acting as an independent contractor and not as an employee or agent of City. 9. General Provisions A. Entire Agreement/Assignment. This Agreement: (i) is the complete and exclusive statement of the agreement between the parties and supersedes all oral, written, and other communications between the parties relating to the subject of this Agreement; and (ii) may not be assigned or otherwise transferred by City without the prior written consent of TUSA. B. Governing Law. This Agreement shall be governed by the laws of the Stake of Missouri. C. Severability. The failure by either party at any time to required performance of the other party of any provision of this agreement shall in no way affect the right of such party thereafter to enforce the same or any other provision, nor shall the waiver by either party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach, or as a waiver of the provision itself. D. Titles. The section headings in this Agreement are for convenient reference only and shall be given no substantive or interpretive effect. E. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been duly given if delivered or mailed, postage prepaid, certified mail, return receipt requested: (1) John Dean Hart TUSA Consulting Services II, LLC 331 Fawn Lane Liberty, MO 64068 (2) City of Riverside, Missouri Greg Mills 2950 NW Vivion Rd. Riverside, MO 64150 and/or to such other person(s) and address(es) as either party shall have specified in writing tq the other. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives. TUSA Co ul ing Servic II, LLC CITY OF RIVERSIDE, MISSOURI By: By: ~.~u~ o Dean Hart Mayor ~~ Date Data ~: .J tuna ~ consulting services Qtr l7ndp SySlmn; Sp[uk fur nkm,rhu. City of Riverside -Services Proposal Dispatch center renovation support • . Review architectural plans for existing dispatch space • Measure available space • Document all equipment currently used, including cable routing • Review dispatch fumiture features, capabilities and dimensions • Create a draft dispatch center layout for 3 and/or 4 positions • Develop acable/wiring plan • Finalize floor layout once dispatch furniture is selected • Review fumiture supplier's layout design • Develop atable-top equipment placement and cabling diagram • Support installation of furniture and dispatch equipment • Assist with acceptance testing of final installation 80 hours $10,800 Estimated expenses 2.000 Total $12,800 ~J tusa ~ consulting services M, Nudes Synems 5yevt 9rt 71Himehyr. City of Riverside -Services Proposal P25 system implementation-support/coordination Task Hours Cost KCMO/Motorola planning 40 Site design review 40 Site construction supervision 240 Fleet mapping 80 Dispatch/mobile equip. installs 80 Acceptance testing 40 Total hours 536 $72,360 Estimated expenses 3.000 Total $75,360 CITY OF FOUNTAINS IR?ART OF THE NATION 1° KANSAS CITY M I S S O U R I December 15, 2009 Office of the City Manager 29th Floor, City Hall 414 East 12th Street Kansas City, Missouri 64106 Mayor Kathleen Rose City of Riverside 2950 Vivion Road Riverside, MO 64150 Dear Mayor Rose, (816)513.1408 Fax: (816)513-1363 On behalf of the City of Kansas City, Missouri, I wish to express our appreciation and acceptance of Riverside's participation in the regional P-25 Compliant Radio Network. The purpose of this letter is to set forth general responsibilities of Kansas City and Riverside regarding Riverside's participation in the regional radio network. The details will be further delineated in a formal inter-governmental cooperative agreement that will address maintenance, liability, and other related issues. In recognition and consideration of Riverside's entering into a contract for the building and equipping a radio tower, which, in addition to providing reliable communication to the City of Riverside, will be a valued addition to Kansas City's and the region's communication system, Kansas City will enter into the aforementioned cooperative agreement to maintain the tower equipment and other infrastructure equipment including microwave and dispatch at no charge to Riverside for a period often years after the system's acceptance into Kansas City's portion of the P-25 regional system. Please let me know if I may be of any further assistance. Sincerely, 'chard R. Noll Assistant City Manager cc: David Blackburn Greg Mills Brian Hall Chris Skinrood Alan Holtkamp Bob Kuehl Ed Brundage