4.12. SR 06-18-2018 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor Dietz and City Council 4.12
Agenda Section Meeting Date Prepared by
ConsentJune 18, 2018 Ron Nierenhausen, Chief of Police
Item Description Reviewed by
Professional Services Agreement for Transcription Cal Portner, City Administrator
Services Reviewed by
Action Requested
Approve the Professional Services Agreement for transcription services with Danielle Faulhaber.
Background/Discussion
Danielle Faulhaber's last day with the police department was June 15, 2018. She is leaving her current
position to be at home with her children. The department would like to retain her typing skills when there
is an overflow of work.
Financial Impact
This position is incorporated in the 2019 budget.
Attachments
■ Professional Services Agreement- Danielle Faulhaber
The Elk River Vision
A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By
service, and community engagement that encourages and inspires prosperity INAWRE1
PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this day of , 2018, by and between the
CITY OF ELK RIVER, a Minnesota municipal corporation ("City") and DANIELLE FAULHABER
("Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS
FOLLOWS:
1. SCOPE OF SERVICES. The City retains Consultant to transcribe audio statements and
audio reports from the City police department and to provide the City transcriptions. The Consultant agrees
to perform the services.
2. COMPENSATION. Consultant shall be paid by the City for the services described in the
Scope of Service Two and 501100 ($2.50) Dollars per audio minute for transcribing statements and One and
501100 ($1.50) Dollars per audio minute for transcribing reports. Consultant shall not be reimbursed for
any expenses. Consultant shall request payment for services rendered on a bi-monthly basis. The
payment applications from Consultant shall identify work performed.
3. CHANGE ORDERS. All change orders, regardless of amount, must be approved in
advance and in writing by the City. No payment will be due or made for work done in advance of such
approval.
4. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analyses
and the like prepared by the Consultant in conjunction with this contract.
5. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and
diligence in the performance of the services as is ordinarily possessed and exercised by members of the
profession under similar circumstances in Sherburne County, Minnesota. Consultant shall be liable to
the fullest extent permitted under applicable law, without limitation, for any injuries, loss or damages
proximately caused by Consultant's breach of this standard of care. City shall not be responsible for
discovering deficiencies in the accuracy of Consultant's services. Consultant shall be responsible for the
accuracy of the work and shall promptly make necessary revisions or corrections resulting from errors
and omissions on the part of Consultant without additional compensation.
6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services
hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the
provisions of services to be provided.
7. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its
officers, agents, and employees, of and from any and all claims, demands, actions, causes of action,
including costs and attorney's fees, arising out of or by reason of the execution or performance of the work
or services provided for herein to the comparative extent they are caused by Consultant's negligent acts or
omissions or those negligent acts or omissions of persons for whom Consultant is legally responsible.
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8. INSURANCE. Consultant shall secure and maintain such insurance as will protect
Consultant from claims for bodily injury, death, or property damage which may arise from the performance
of services under this Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $1,000,000 each occurrence/aggregate
The City shall be named as an additional insured on the policy on a primary and noncontributory basis.
Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing the
required insurance coverage in a form acceptable to City.
9. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an
independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an
employee of the City and is free to contract with other entities as provided herein. Consultant shall be
responsible for selecting the means and methods of performing the work. Consultant shall furnish any and
all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City
and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any
of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall
be exclusively responsible under this Agreement for Consultant's own FICA payments, workers
compensation payments, unemployment compensation payments, withholding amounts, and/or self-
employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation.
10. SUBCONTRACTORS. Consultant shall not enter into subcontracts for services provided
under this Agreement without the express written consent of the City. Consultant shall comply with
Minnesota Statutes § 471.425. Consultant must pay subcontractor for all undisputed services provided
by Subcontractor within ten (10) days of Consultant's receipt of payment from City. Consultant must
pay interest of one and five-tenths (1.5%) percent per month or any part of a month to subcontractor on
any undisputed amount not paid on time to subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of One Hundred ($100.00) Dollars or more is Ten ($10.00) Dollars.
11. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein,
without the written consent of the other party.
12. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement
shall not affect, in any respect, the validity of the remainder of this Agreement.
13. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This
Agreement supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof, as well as any previous agreements presently in effect between the parties relating to the
subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise
provided herein.
14. CONTROLLING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
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15. RECORDS. The Consultant shall maintain complete and accurate records of time involved
in the performance of services.
16. AUDIT DISCLOSURE AND DATA PRACTICES. The books, records, documents and
accounting procedures and practices of the Consultant or other parties relevant to this Agreement are
subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six
(6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota
Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data,
as defined in the Data Practices Act Section 13.02, subd. 7, which is created, collected, received, stored,
used, maintained, or disseminated by Consultant in performing any of the functions of the City during
performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall
comply with those requirements as if she were a government entity. All subcontracts entered into by
Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language.
17. TERM. This Agreement is for an indefinite term, but may be terminated by either party
upon five (5) days written notice to the other party. Upon termination of the Agreement Consultant shall
promptly deliver the computers Consultant has used in performing work under this Agreement so that the
City can switch out the hard drives from the computer to delete any work performed by the Consultant for
the City under this Agreement.
CITY OF ELK RIVER
BY:
John Dietz, Mayor
AND
Tina Allard, City Clerk
CONSULTANT:
Danielle Faulhaber
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