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HomeMy WebLinkAbout02- Windemaker, AICP Agreement AGREEMENT This Agreement is made this 3L day of, 1 u / V ,2002, by and between CITY OF BOZEMAN, P.O. Box 1230, Bozeman, Montana, a Municipal (~fthe State of Montana, ("City"), and Lanette Windcmaker, AICP ("Consultant");3j3C R....k.k-nr)~ Bozeman, Montana 5971~ RECITALS A. City desires to retain Consultant to fumish specific services of a professional nature. B. Consultant agrees to fumish such services in accordance with the conditions herein provided and will cany out the duties and obligations imposed by the Agreement. C. The City of Bozeman designates the Director of Planning and Community Development as the representative to administer this Agreement. 1. Agreement Subject to the provisions hercin set forth and in consideration ofthe mutual covcnants herein contained, Consultant agrees to fumish, and the City agrees to accept, certain specified services to include: professional level planning reviews of annexation, zoning, and subdivision proposals, including review of application submittals for completeness, preparation of notices, rcview of all submitted materials for compliance with adopted policies and regulatory standards, preparation of staff reports consisting of staff analysis and findings, prcsentation of staff reports at public meetings before the planning board, zoning cOllU11ission and City COImnission as required, and related activities nonnally associated with the practice of cunent planning. Although the Consultant understands she will be working as an independent contractor and not an employee of the City of Bozeman, the City will provide nomml support and assistance in the fonn of creating files, scheduling meetings and appointments, sharing text and data files, and other related materials. Consultant also agrees to be available to testify as an expeli in any proceeding arising out of services pcrformed under this Agrcement; and other duties pertaining to the City's CUlTent planning program as mutually agreed upon by the consultant and the Director ofPlam1ing and Community Devclopment. 2. Payments and Compensation For all services perfom1ed by Consultant under this Agreement, including all expenditures and expenses incuned by the Coordinator, the City agrees to compensate Consultant at a rate of $50 pcr hour. 3. Indemnity Consultant shall indenmify and hold hannless the City against any and all claims arising frotn the fumishing of services provided l~)f in this Agreement or caused by thc scrvices described in this Agreemcnt. 4. Independent Contractor Consultant acknowledges that the services rendered under this Agreement shall be solely as an independent Contractor. Consultant shall not enter into any Agreement or commitment on behalf of City. Consultant further acknowledges that she is not considered an affiliate or subsidiary of City, and is not entitled to any City employmcnt rights or benefits. It is expressly understood that this undertaking is not a joint venture. Consultant Agreement Page 1 5. Confidentiality Consultant recognizes and acknowledges that this Agreement creates a confidential relationship between Consultant and City and that infornlation concerning City's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such inforn1ation, whether written, oral, or otherwise, is confidential in nature. All such infornlation conccrning City is hereinafter collectively referred to as "Confidential Inforn1ation." 6. Non-Disclosure Consultant agrecs that, except as directed by City, it will not at anytime during or after the term ofthis Agreement disclose any Confidentiallnforn1ation to any person whatsoever and that upon the termination ofthis Agreement it will turn over to City all documents, papers, and other matter in its possession or control that relate to City. 7. Grant / Work Made for Hire Consultant agrees that its work product produced in the performance of this Agreement shall remain thc cxclusivc 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 Consultant under this Agreement shall not affect City's exclusive ownership of the work product. 8. Office Rules Consultant shall comply with all office rules and regulations, including security requirements, whcn on City prellllses. 9. Conflict of Interest Consultant shall not offer or give a gratuity of any type to any City employee or agent. 10. Governing Law This Agreement shall be construed and enforced in accordance with the laws ofthc 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. 11. Entire Agreement and Notice This Agreement contains the entire understanding of the parties and may not be amended without thc spccific written consent of both parties. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certi fied or registered mail. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. CONSULTANT Consultant Agreement Page 2 ~ , ,.,. ATTEST: ~J~ Robin L Sullivan, Clerk of Commission Consultant Agreement te Windemaker, AICP CITY OF BOZEMAN BY. Clark V. Johnson, City Manager \ " \ ..--J-~---- Page 3