HomeMy WebLinkAbout01- Cheryn Fairbairn Agreement
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AGREEMENT
This Agreementis made this '2./' day of~, 2001, by and between CITY OF BOZEMAN,
P.O. Box l230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"), and
CHERYN FAIRBAIRN, ("Coordinator"), Lfll.. vJ. 0\;"'<- , Bozeman, Montana 59712-"
RECITALS
A City desires to retain Coordinator to furnish specific services of a professional nature.
B. Coordinator agrees to furnish such services in accordance with the conditions herein provided and
will carl)' out the duties and obligations imposed by the Agreement.
C. The City of Bozeman designates the fV\.o.- i 0 {I,-- as the representative to administer
this Agreement.
I. Agreement
Subject to the provisions herein set forth and in consideration of the mutual covenants herein
contained, Coordinator agrees to furnish, and the City agrees to acccpt, ccrtain spccified services to
include; coordination of the City's Inter-Neighborhood Council, adaption of the City's Inter-
Neighborhood Council for operation without staff support on an interim basis, assistance in the
formation of new neighborhood groups, distribution of neighborhood code enforcement brochures,
pursuit of grant options for funding neighborhood coordination, and work with the city code
enforcement officer and neighborhood groups on proactive neighborhood code enforcement.
2. Payments and Compensation
For all services performed by Coordinator under this Agreement, including all expenditures and
expenses incurred by the Coordinator, the City agrees to make a fixed payment of One thousand and
no/lOO dollars ($1,000.00).
3. Insurance
Coordinator agrees to keep in force during the entire period of this Agreement professional liability
insurance and such general liability insurance as will protect it and the City from claims, induding
claims under worker's compensation and other employee benefit laws that are applicable, for bodily
injury and death, and for property damage that may arise out of work under this agreement whether
directly or indirectly by Coordinator, or directly or indircctly by sub~Contractors hired by
Coordinator. Coordinator shall provide proof of workers compensation insurance at the State
statutory limits, unless Coordinator provides an exemption from the State Department of Labor &
Industry. The City has the right to require that the City be named as an additional insured under
said insurance coverage.
Coordinator Agreement Page I
4. Indemnity
Coordinator shall indemnify, hold harmless and defend the City against any and all claims, at
Coordinator's own expense, arising frOln the furnishing of services provided for in this Agreement
or caused by the services described in this Agreement.
5. Independent Contractor
Coordinator acknowledges that the services rendered under this Agreement shall be solely as an
independent Contractor. Coordinator shall not enter into any Agreement or commitment on behalf
of City. Coordinator further acknowledges that she is not considered an affiliate or subsidiary of
City, and is not entitled to any City employment rights or benefits. It is expressly understood that
this undertaking is not a joint venture.
6. Confidentiality
Coordinator recognizes and acknowledges that this Agreement creates a confidential relationship
between Coordinator and City and that information concerning City's business affairs, customers,
vendors, finances, properties, methods of operation, computer programs, and documentation, and
other such information, whether written, oral, or otherwise, is confidential in nature. All such
information concerning City is hereinafter collectively referred to as "Confidential Information."
7. Non-Disclosure
Coordinator agrees that, except as directed by City, it will not at anytime during or after the term
of this Agreement disclose any Confidential Information to any person whatsoever and that upon
the termination of this Agreement it will turn over to City all documents, papers, and other matter
in its possession or control that relate to City.
8. Grant / Work Made for Hire
Coordinator agrees that its work product produced in the performance of this Agreement shall
remain the exclusive property of City, and that it will not sell, transfer, publish, disclose or otherwise
make the work product available to third parties without City's prior written consent. Any rights
granted to Coordinator under this Agreement shall not affect City's exclusive ownership of the work
product.
9. Office Rules
Coordinator shall comply with all office rules and regulations, including security requirements, when
on City premises.
10. Conflict of Interest
Coordinator shall not offer or give a gratuity of any type to any City employee or agent.
Coordinator Agreement Page 2
11. Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the State of
Montana. In the event of dispute regarding the terms of this Agreement, the parties agree to attempt
mediation of the conflict prior to pursuing litigation.
12. Entire Agreement and Notice
This Agreement contains the entire understanding of the parties and may not be amended without
the specific written consent of both parties. Any notice given under this Agreement shall be sufficient
if it is in writing and if sent by certified or registered mail.
TN WITNESS WHEREOf, the Parties hereto have set their hands and seals the day and year
first above written.
COORDTNA TOR
By ~ 'I< ~'~~~f\1JL-J
Cheryn Fair aim
CITY OF BOZEMAN
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By: C::-':.::'-'--"" \ -
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Clark V. Johnson, City Manager
ATTEST:
~Ult~iSSion
Coordinator Agreement Page 3