HomeMy WebLinkAbout18- RFP - Public Relations Serivces for Sourdough Creek Municipal Watershed Fuels Management ProjectRFP ‐ Sourdough Creek Municipal Watershed Public Relations Services Page | 1
REQUEST FOR PROPOSALS
PUBLIC RELATIONS SERVICES FOR
SOURDOUGH CREEK MUNICIPAL WATERSHED FUELS MANAGEMENT PROJECT
INTRODUCTION
The City of Bozeman (“COB”) requests proposals from consultants qualified in the practice of public relations
and strategic communications to assist the COB with public outreach, education, and communications efforts
related to the Sourdough Creek Municipal Watershed Fuels Management Project. Said project is aimed at
reducing the risk and severity of wildfire in the Sourdough Creek municipal watershed through the
implementation of vegetative management best practices that strategically reduce fuel loads, thereby increasing
the overall resiliency of municipal water supply infrastructure to withstand a wildfire event. The COB desires to
develop and execute an effective communications plan for the project.
The Custer Gallatin National Forest is readying itself towards implementation of the Bozeman Municipal
Watershed (BMW) project, a vegetative management project purposed with reducing the risk and severity of
wildfire within the lower reaches of the Sourdough Creek municipal watershed and Hyalite Creek municipal
watershed. Due to litigation, the fate of the BMW is pending in federal district court with a decision expected in
mid‐2019. The COB endeavors to implement vegetative management best practices on approximately 400 acres
of city‐owned land at the mouth of Sourdough Canyon. These lands are nearly wholly surrounded by the BMW
project area and are steep, heavily timbered, with challenging access constraints that limit vegetative removal
techniques to aerial (helicopter) harvesting methods predominately. The implementation schedule for the COB
project will be developed in conjunction ‐ and under close coordination ‐ with the Custer Gallatin BMW project
to reduce overall public impacts.
Sourdough municipal watershed is heavily recreated and a favorite trail that is deeply endeared by the local
community during all seasons of the year. Fuel reduction projects will be disruptive to the public during the
period of time that work is actively occurring in the drainage. Effective communications call for cooperative and
collaborative effort with the Custer Gallatin BMW project, so the communications plan must be developed and
executed in collaboration with CGNF staff and other key stakeholder groups.
Funding to complete the COB vegetative management project is provided by a subgrant award from the MT
DNRC. These subgrant funds originate with the USDA through the Cooperative Forestry Assistance Program. A
total funding amount of $270,000 is available for the project which will cover on‐the‐ground vegetative
management activities, technical forestry services, and public relations services. The selected public relations
consultant will be required to abide by all terms, conditions and provisions required of second‐tier subrecipients
provided in the Special State Fire Assistance Subaward Agreement for the Sourdough Creek Municipal
Watershed Fuels Management project.
RFP ‐ Sourdough Creek Municipal Watershed Public Relations Services Page | 2
PRELIMINARY SCOPE OF WORK
A preliminary scope of work for this project is outlined below. This scope is not intended to be all inclusive but
instead generally demonstrative of services to be provided. Final scope as well as payment terms and provisions
will be negotiated with the selected consultant during contract preparation. Responses to this RFP are free to
expound upon or suggest modifications to the preliminary scope of work as described.
Task 1 – Prepare Strategic Communications Plan
Coordinate and collaborate with the Custer Gallatin BMW project staff to the extent feasible and practicable to
develop a strategic communications plan for the vegetative management projects occurring in the municipal
watersheds. The communications plan will consist of an education and outreach phase, which will proceed well
in advance of the beginning of fuels management work, and project status/update phase during the prosecution
of fuels work. The plan should identify key stakeholder groups to help with project messaging, and layout a
schedule of communication actions/events to guide execution of the communications plan through both phases.
Task 2 – Generate Creative Materials
Generate creative materials necessary to execute the strategic communications plan. Creative will likely take
various forms, including: web, print, television, radio, and large format.
Task 3 – Execute Strategic Communications Plan
Execute the strategic communications plan. Assist COB with media buys, arranging media appointments with
local print and TV outlets, preparation of media releases, and coordination with CGNF and other
communications stakeholders.
PROPOSAL REQUIREMENTS
Five (5) copies of the proposal, and one electronic searchable PDF file, must be submitted no later than 5:00 pm
on January 24, 2019 to the City Clerk at the physical address below. Proposals shall be individually bound and
presented in a neat and orderly fashion. Please note that the USPS will not deliver mail to this location.
Proposals must be shipped or hand delivered. Late proposals will not be considered.
City Clerk, City of Bozeman
121 N. Rouse Ave., Suite 200
Bozeman, MT 59715
Proposals shall, at a minimum, include the following items:
A narrative describing the consultant’s particular understanding and approach for the project. Specific
challenges should be identified along with unique solutions proposed to complete project tasks and
achieve project goals.
A proposed work plan indicating tasks to be accomplished, work schedule, consultant personnel and
sub‐consultants expected to perform each major task element, prior work history of consultant and sub‐
consultants, and the involvement anticipated of COB staff (and timing and nature of that involvement).
RFP ‐ Sourdough Creek Municipal Watershed Public Relations Services Page | 3
Qualifications of key individuals assigned to the project, their availability during the relevant time
periods, and their recent experience on similar projects.
References for key individuals of the consultant and sub‐consultants whom have performed similar work
within the last five years, and two examples of work produced under similar contracts (examples of
projects utilizing the key personnel identified for this proposal are preferred).
A marked‐up version of desired changes, if any, to the COB’s template professional services agreement.
Changes desired shall be made using the Track Changes feature in MS Word. If no changes are desired,
then a statement to this affect shall be provided with the proposal response. (Attachment A)
A completed and signed Non‐Discrimination Affirmation Form. (Attachment B)
A completed and signed USDA Form AD‐1048, Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions. (Attachment C)
**RESPONSES OMITTING ATTACHMENT B and/or ATTACHMENT C WILL NOT BE CONSIDERED**
CONSULTANT SELECTION
A consultant selection committee consisting of key COB staff will choose, in its opinion, the most qualified
consultant to provide services required for the project. Proposals will be evaluated on the following criteria and
the requirements of MCA 18‐8‐201 et seq.
The consultant’s specific project approach and understanding;
Qualifications of professional personnel to be assigned to the project;
Capability to meet project time and budget requirements;
Location of the consultant in relation to project;
Present and projected workloads;
Related experience on similar projects;
Recent and current work for the COB.
Responses to this RFP are encouraged to emphasize and highlight prior work experience with conservation
oriented NGOs, communications involving public lands initiatives, collaborative communications efforts, projects
involving federal land management agencies, and communications projects for local governments.
The selection committee will choose, in its sole determination, the most‐qualified consultant to perform
professional services for the project. The COB reserves the right to interview finalists to aid in its consultant
selection but does not guarantee that interviews will occur. Contract negotiations will proceed after selection
RFP ‐ Sourdough Creek Municipal Watershed Public Relations Services Page | 4
and will take into account the estimated value of services to be rendered, as well as the scope, complexity and
professional nature thereof, in order to arrive at a contract which the COB determines to be fair and reasonable.
If the COB is unable to negotiate a satisfactory contract with the consultant initially selected at a price the COB
determines to be fair and reasonable, negotiations with that consultant will be formally terminated and the COB
will select another consultant in accordance with MCA 18‐8‐204 and continue until an agreement is reached or
the process is terminated.
ADDITIONAL INFORMATION AND CONDITIONS
COB CONTACT: Questions or requests for additional information regarding this project or RFP requirements
may be directed to:
Brian Heaston, PE
City of Bozeman – Engineering
PO Box 1230
Bozeman, MT 59771 ‐1230
406‐582‐2280
bheaston@bozeman.net
NON‐DISCRIMINATION POLICY: Discrimination in the performance of any contract awarded under this
request for proposal on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual
or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the
hiring and treatment of the awarded entity’s employees and to all subcontracts. Every entity submitting under
this request for proposal must sign and return the attached affirmation statement with their bound response to
this request for proposal.
ATTACHMENTS:
Attachment A: Template Professional Services Agreement (email bheaston@bozeman.net for editable
MS Word Document)
Attachment B: Non‐Discrimination Affirmation Form (must be signed and submitted with RFP response)
Attachment C: USDA Form AD‐1048 (must be signed and submitted with RFP response)
Attachment D: BMW Map Exhibit
Attachment E: Special State Fire Assistance Subaward Agreement for the Sourdough Creek Municipal
Watershed Fuels Management project
ATTACHMENT A: TEMPLATE PSA
Professional Services Agreement for [insert project]
FY 2017 – FY 2018
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 201__, by
and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on the _____ day of ______________, 201_.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
Commented [k1]: Scope of services can either be
attached as an exhibit or described in Section 3 (in
which case, delete the highlighted language and
reference Section 3 instead).
Commented [k2]: Delete if not necessary.
Commented [k3]: Add more detail here, or refer to
an exhibit that details the payment terms.
Professional Services Agreement for [insert project]
FY 2017 – FY 2018
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and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term
is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use
Professional Services Agreement for [insert project]
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workers both skilled in their trade and specialized in their field of work for all work to which they
are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses including travel allowances as set forth in the current Montana Prevailing Wage Rate
for Non Construction Services in effective and applicable to Gallatin County, Montana which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis.
Violation of the requirements set forth in the above State of Montana schedule of prevailing wage
rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall
maintain payroll records during the term of this Agreement and for a period of three (3) years
following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
Commented [k4]: If the contract is not a public
works contract under 18-2-401, MCA, delete. If in
doubt ask Karen or Greg.
Commented [k5]: If the contract is not a public
works contract under Title 18, MCA, delete.
Professional Services Agreement for [insert project]
FY 2017 – FY 2018
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in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or
was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
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specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage
will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor’s right to proceed with all or any part of the work (“Termination Notice
Due to Contractor’s Fault”). The City may then take over the work and complete it, either
with its own resources or by re-letting the contract to any other third party.
Commented [k6]: These levels will usually be
appropriate. If you think the nature of the services
creates a higher risk please check with Legal.
Professional Services Agreement for [insert project]
FY 2017 – FY 2018
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b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
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10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _________________ (insert job title) or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall
be directed to James Goehrung as the City’s Representative and approvals or authorizations
shall be issued only by such Representative; provided, however, that in exigent
circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as listed above
and may receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
Professional Services Agreement for [insert project]
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fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor agrees that all hiring by Contractor of persons
performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and
federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder. The Contractor shall require these
nondiscrimination terms of its sub-Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
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16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
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date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement run
longer than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
Commented [k7]: This section may not be needed
if the work is for a specific project.
Professional Services Agreement for [insert project]
FY 2017 – FY 2018
Page 11 of 11
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Dennis Taylor, Interim City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
ATTACHMENT B: NON‐DISCRIMINATION AFFIRMATION FORM
[name of entity proposing] hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because
of actual or perceived sexual orientation, gender identity, or disability in the performance of work
performed for the City of Bozeman, if a contract is awarded to it, and also recognizes the eventual
contract, if awarded, will contain a provision prohibiting discrimination as described above and that this
prohibition shall apply to the hiring and treatment of the
[name of entity proposing] employees and to all subcontracts it enters into in the performance of the
agreement with the City of Bozeman.
Signature of Proposer:
Person authorized to sign on behalf of the proposer
ATTACHMENT C: USDA FORM AD‐1048
This form is available electronically. Form Approved – OMB No. 0505-0027
Expiration Date: 12/31/2018
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552(a), as amended). This certification is required by the
regulations implementing Executive Order 12549, Debarment and Suspension, and 2 C.F.R. §§ 180.300, 180.355, Participants' responsibilities. The
regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting
the Department of Agriculture agency offering the proposed covered transaction.
According to the Paperwork Reduction Act of 1995 an agency may not conduct or sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0505-0027. The time required
to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate
criminal and civil fraud privacy, and other statutes may be applicable to the information provided.
(Read Instructions On Page Two Before Completing Certification)
A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency;
B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME PR/AWARD NUMBER OR PROJECT NAME
NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
SIGNATURE(S) DATE
The U.S. Department of Agriculture (USDA) prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, age, disability, and where applicable,
sex, marital status, familial status, parental status, religion, sexual orientation, political beliefs, genetic information, reprisal, or because all or part of an individual’s income is derived
from any public assistance program. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program
information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA,
Assistant Secretary for Civil Rights, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, S.W., Stop 9410, Washington, DC 20250-9410, or call toll-free at
(866) 632-9992 (English) or (800) 877-8339 (TDD) or (866) 377-8642 (English Federal-relay) or (800) 845-6136 (Spanish Federal-relay). USDA is an equal opportunity provider and
employer.
United States Department of Agriculture
AD-1048
Instructions for Certification
(1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in
accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered
into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to
other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue
available remedies, including suspension or debarment.
(3) The prospective lower tier participant shall provide immediate written notice to the person(s) to which this proposal is submitted if at
any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by
reason of changed circumstances.
(4) The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person,"
"primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out
in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 C.F.R. Parts 180 and 417. You may
contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
(5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it
shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this
transaction originated.
(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," without modification,
in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
(7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its
principals. Each participant may, but is not required to, check the System for Award Management (SAM) database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith
the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is
normally possessed by a prudent person in the ordinary course of business dealings.
(9) Except for transactions authorized under paragraph (5) of these instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with
which this transaction originated may pursue available remedies, including suspension and/or debarment.
Form AD-1048 (REV 12/15)
Page 2 of 2
ATTACHMENT D: BMW MAP EXHIBIT
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8 97
14
27 30
22
28
11
13
29
10
36
2526
31
12
33 3435
15
27
34
22
15
10
24
20
32
23
16
19 21
1718
3215346
13 62
11
26
23
14
4 35
2
35
2
4
33
9
21
16
28
4
3
40
8
39
10
38
26
9
22I
16A
13C
19
17
11A
25A 27A
7B
22K
14
36B
11B
7C
22C 22L
37
28B
33
25
13A
36D
28C
20
1A
7A
1B16C
21C
22N
22Q
45B
36C
45A
22P
45C
22O
21B
21C
Langhor
City of Bozeman Water Facility
City of Bozeman Water Facility
City of Bozeman Water Facility
BOZEMAN MUNICIPAL WATERSHED PROJECT
Alternative Six
Bozeman Ranger District
Gallatin National Forest
Legend
Access Road
Forest Road
Temporary Road
Trail
Section Line
Gallatin NF Boundary
Stream
!9 Campground
City of Bozeman Water Facility
City of Bozeman Lands
Inventoried Roadless Area
0 0.40.2 Miles
±
Bo
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C
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e
e
k
Hyali
t
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C
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k
T3S R5E T3S R6E
Treatment Legend
Helicopter/GS/HP/Burn
Cable/TB/HP/Burn
Tractor/TB/ExBurn
Tractor/Non-Comm and Comm/TB/Burn
Broadcast Burn
Fuelbreak Treatment
c:\a_districts\d6\bozeman_watershed_project\arcmap\rod_treatmnet_alt_6_a.mxd
Selected Alternative - February 2011
ATTACHMENT E: SPECIAL STATE FIRE ASSISTANCE SUBAWARD AGREEMENT FOR
THE SOURDOUGH CREEK MUNICIPAL WATERSHED FUELS MANAGEMENT PROJECT
RLC