HomeMy WebLinkAbout06-24-19 City Commission Packet Materials - C5. PSA with the Brendle Group for a Climate Action and Resiliency Plan
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Natalie Meyer, Sustainability Program Manager Jon Henderson, Strategic Services Director
SUBJECT: Professional Services Agreement with the Brendle Group for a
Climate Action & Resiliency Plan
MEETING DATE: June 24, 2019
MEETING TYPE Consent
RECOMMENDATION: Authorize the City Manager to sign a Professional Services Agreement with the Brendle Group to develop a Climate Action & Resiliency Plan.
BACKGROUND:
Based on Bozeman’s Strategic Plan item 6.3 (a) Update the Climate Action Plan and 6.3 (d)
Climate Change Adaptation and Mitigation, the Bozeman City Commission approved funding for a Climate Action & Resiliency Plan update as part of the Fiscal Year 2019 budget. Through a
competitive Request for Proposals process, staff selected the Brendle Group as the consultant
team to assist us in developing a citywide Climate Action & Resiliency Plan (Plan). The Plan
will serve as a comprehensive strategy for addressing climate change in Bozeman and will
identify targeted policies, programs, and projects that will both mitigate the City’s contribution to climate change and prepare Bozeman for the unavoidable impacts of climate change.
Bozeman signed the Mayors Climate Protection Agreement in 2006, committing Bozeman to
reduce greenhouse gas emissions. In 2007, the Commission appointed a Climate Protection Task
Force, which developed the 2008 Municipal Climate Action Plan and established a goal of reducing municipal greenhouse gas emissions 15 percent below 2008 levels by 2020.
Subsequently, the City Commission appointed a Community Climate Task Force in 2009
comprised of community stakeholders. The Task Force developed the 2011 Community Climate
Action Plan and established a separate goal of reducing community-wide greenhouse gas
emissions 10 percent below 2008 levels be 2025. Strategies focus on community engagement, residential and commercial buildings, transportation, waste, recycling, water, and energy
production. City staff and the Bozeman Climate Partners Working Group have worked to
implement the Community plan since its adoption.
The Municipal and Community Climate Action Plans (CAP) are relatively complete, with a large percentage of measures accomplished or in progress. Successful CAP programs have included
commercial and residential energy efficiency partnerships, municipal building upgrades and
LED streetlights, renewable energy advancements, expansion of the multi-modal network, and
22
execution of a number of land use and waste reduction policies. Staff continues to work toward
the emissions reduction goals by implementing projects primarily focused on energy efficiency
and renewable energy policies, and clean and active transportation.
In 2017, the Bozeman City Commission passed a resolution in support of the Mayor’s National
Climate Action Agenda, a commitment by over 400 U.S. Mayors to uphold the goals of the Paris
Climate Agreement. The current CAP does not reflect new priorities, trends, and emerging
technologies. A new plan is needed to define an emissions reduction target aligned with the Paris
Climate Agreement and evaluate long-term reduction targets.
In May of 2019, the City of Bozeman completed a year-long Climate Vulnerability Assessment
& Resiliency Strategy, which included a review of the projected climate change impacts for
southwest Montana and offers strategies and actions to addresses climate change hazards that
may affect city facilities.
The proposed Climate Action & Resiliency Plan will use Bozeman’s prior climate studies as a
baseline for the city’s current greenhouse gas emission (GHG) contribution and the city’s
vulnerability to climate change: the 2017 Greenhouse Gas Emissions Inventory and the 2019
Climate Vulnerability Assessment & Resiliency Strategy.
The Climate Action & Resiliency Plan will be a 13-month planning process beginning in July
2019. The Scope of Work detailed in Exhibit A details the five main consultant deliverables,
which include:
1) Establishing a plan for project communications, an engagement strategy & plan
integration
2) Community visioning & goal setting
3) Development of climate action & resiliency solutions
4) Refinement of preferred solutions 5) Plan development
The Brendle Group is an engineering and planning firm based in Fort Collins, Colorado with
expertise in climate action, adaption, and resiliency planning. The Brendle Group will partner
with Logan Simpson and Ide Energy & Strategy to support the City of Bozeman in this planning process.
UNRESOLVED ISSUES: None
FISCAL EFFECTS: The total cost of this service agreement is $85,000, which is currently available within the approved FY 2019 Sustainability Division budget.
ALTERNATIVES: As suggested by the City Commission.
Report Compiled on: 06/13/19 Attachments:
Professional Services Agreement
23
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 24th day of June, 2019, 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, Brendle Group, 212 West Mulberry St., Fort Collins, CO
80521, 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 31st day of August 2020.
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 per the amount and terms 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,
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,
24
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 2 of 10
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
workers both skilled in their trade and specialized in their field of work for all work to which they
are assigned. 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
25
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 3 of 10
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 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
26
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 4 of 10
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
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; $1,000,000 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
27
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 5 of 10
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.
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,
28
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 6 of 10
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.
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 Natalie Meyer 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
Natalie Meyer 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.
29
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 7 of 10
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Shelby Sommer 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
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 subcontractors 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
30
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 8 of 10
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.
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: In the event it becomes necessary for either Party 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
31
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 9 of 10
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 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 two years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
32
Professional Services Agreement for Climate Action & Resiliency Plan
FY 2019 – FY 2021
Page 10 of 10
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ______Brendle Group__________________
CONTRACTOR (Type Name Above)
By_____________________________ By__________________________________
Andrea Surratt, City Manager
Print Name:
Print Title: _________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
33
City of Bozeman, MT Climate Action & Resiliency Plan Proposal Page | 1
EXHIBIT A
SCOPE OF PROJECT
TASK 1. PROJECT COMMUNICATIONS, ENGAGEMENT STRATEGY & PLAN
INTEGRATION
The first task encompasses a series of subtasks designed to initiate the project and build a strong
foundation of goals and expectations to keep the team on track throughout the plan development.
1.1. KICKOFF MEETING
The success of this project relies on skilled project management and open communication between
City staff and the consulting team. To establish a solid working relationship from the beginning, we
propose a 1-hour videoconference kick-off meeting with the consulting team and the City’s project
management team to align on the scope of work, refine the project schedule, identify critical
stakeholders, and confirm project management and communication protocols. For file sharing and
digital collaboration, we will leverage the SharePoint site hosted by the City of Bozeman.
1.2. ONGOING PROJECT MANAGEMENT
After the kickoff meeting, our ongoing project management approach includes weekly review of
project and task spending and internal team meetings to coordinate work flows and advance project
milestones and deliverables. We will submit invoices monthly to the project manager.
In addition to internal coordination and monthly progress reporting, we propose 1-hour monthly web
meetings with the City’s project management team to maintain open communication about the
project scope, schedule, and budget, and to coordinate on interim deliverables and other engagement
and planning activities.
1.3. STAKEHOLDER ENGAGEMENT STRATEGY & SUPPORT
Also following the kickoff meeting, we will work with the City’s project management team to develop
a stakeholder engagement strategy that identifies the stakeholder groups that will be involved in the
planning process, details engagement objectives and approaches, describes communications and
marketing techniques, and outlines roles and responsibilities of the consulting team and the City’s
project management team for all stakeholder engagement activities. We will review and update the
Stakeholder Engagement Strategy on a quarterly basis to ensure that it remains fresh and aligned
with other community activities and opportunities.
Our proposed approach to stakeholder engagement includes interfacing with the following groups:
1. Community Members – this is a diverse assortment of individuals, families, students,
employees, employers, and more that make up the Bozeman community. Our approach
includes attendance at up to two community meetings to provide information about the
plan and to solicit feedback to shape the plan’s development.
2. Climate Team – a core group of City department representatives, regional partners, and
other community advisors will guide the project. This group will meet periodically during
the process both in-person and/or via web meeting to review draft work products, share
ideas for consideration, and provide data and technical expertise to inform the solutions
development and evaluation.
34
City of Bozeman, MT Climate Action & Resiliency Plan Proposal Page | 2
3. City Commission – as the overall decision-making body, we recognize the importance
of building support and interest for the plan in the City Commission. Our approach includes
two in-person check-in points with the City Commission before the plan is adopted.
A critical part of the stakeholder engagement process will be identifying and engaging under-
represented populations and groups, to improve equity and diversity of voices included in the solution
exploration.
Note that in addition to the specific stakeholder engagement meetings and subtasks identified on the
following pages, we can also provide coaching and support for other City-led stakeholder engagement
activities, to be further detailed and developed in the Stakeholder Engagement Strategy and/or
discussed at monthly project management meetings.
1.4. PLAN REVIEW & INTEGRATION
The final component of Task 1 is the review of existing planning documents and analysis of existing
state and regional programs. This task will help ensure that this process leverages all previous efforts,
to reduce redundancy and to help identify strategic partnerships and the potential roles for Bozeman
in these myriad efforts.
Our team is already familiar with many of the documents identified in the RFP, given our recent work
on the Climate Vulnerability Assessment and Resiliency Strategy and Bozeman Community Plan, so
we are starting with a solid understanding of existing and related efforts. The deliverable for this task
will be a summary memorandum that identifies the major local, regional, and state climate and
sustainability goals, policies, strategies, and programs from those plans that could relate to and shape
the Climate Action and Resiliency Plan.
Task 1 Deliverables
• Project Team Kickoff Meeting Agenda & Notes
• Monthly PM Meeting Agendas & Notes
• Stakeholder Engagement Strategy
• Plan Review Summary Memorandum
TASK 2. VISIONING & GOAL SETTING
The second task involves activities that help the Bozeman community take stock of current trends
and look to the future to explore questions like:
• Where are we now with respect to emissions and climate change? Where are we most
vulnerable?
• Where are we headed? How much impact can we have on climate trends?
• What is our ideal future? What does resiliency mean to us? What should we strive to achieve?
2.1. CLIMATE & VULNERABILITY PROFILE
This task begins with a review of existing greenhouse gas inventories, emissions forecasts, climate
change projections, climate vulnerabilities, and existing climate goals. We will prepare a concise,
easy-to-read, and graphically-rich climate and vulnerability profile that establishes a common baseline
about current conditions, greatest vulnerabilities, and potential future conditions. This profile will help
describe why planning for climate change is necessary and will be a helpful tool to use in stakeholder
and community outreach conversations.
35
City of Bozeman, MT Climate Action & Resiliency Plan Proposal Page | 3
Note that during this task, we can provide high-level review of the City’s existing greenhouse gas
inventory, as needed, and a rough business-as-usual forecast - to inform emissions modeling in
support of strategies development.
2.2. CLIMATE TEAM KICKOFF MEETING #1
The first Climate Team meeting will focus on visioning and goal setting. Early deliverables, including
the Plan Review Summary Memorandum and the Climate & Vulnerability Profile, will help inform the
development of a vision statement to guide the plan. At this meeting we will also identify high-level
climate mitigation and adaptation goals to support the vision. We will also begin to explore preliminary
short and long-term emissions reductions targets to support vision and goal achievement, to be tested
and refined through the planning process. Note that the goal-setting will be informed by modeling
emissions forecasts and potential emissions reduction opportunities.
Note that our budget assumes that the Climate Team Kickoff Meeting would be coordinated with the
same in-person trip as the Vision & Goals Community Dialogue meeting - to reduce travel expenses
and maximize collaboration time.
2.3. VISION & GOALS COMMUNITY FORUM
The first community forum will follow the Climate Team Kickoff Meeting. We will develop the details
for advertising and executing the forum, in coordination with City staff, in the Stakeholder
Engagement Plan. Some initial ideas for the Vision & Goals Community Forum include the following
activities:
• A brief presentation or web video on the Climate & Vulnerability Profile highlights (a web video
could also be shared on social media for broader community engagement).
• Digital polling or dot voting for review and comment on the draft vision statement(s) and
preliminary mitigation and adaptation goals developed by the Climate Team.
• Breakout groups or posters for community members to brainstorm climate solutions and
estimate impacts by topic area.
• To-go kits and mini-trainings for community members to take with them so they can share
information with their friends, family, colleagues, and neighbors about the planning effort.
Task 2 Deliverables
• Climate & Vulnerability Profile Summary Report
• Climate Team Kickoff Meeting Agenda, Content, Co-facilitation & Notes
• Community Dialogue Meeting Planning Support, Co-facilitation & Notes
TASK 3. CLIMATE ACTION & RESILIENCY SOLUTIONS
The third task explores potential solutions to help the Bozeman community achieve its climate action
and resiliency goals. Solutions to help Bozeman surpass their 2011 community goal of reducing
emissions to 10% below the 2008 baseline by 2025 and meet their commitment to uphold the Paris
Climate Agreement will likely come in many forms, including but not limited to: policies, regulatory
revisions, programs, partnerships, advocacy, education, and financial tools. Based on the City’s 2017
greenhouse gas (GHG) inventory update, the City’s efforts to reduce emissions has been effective in
holding total GHG emissions constant while the City’s population has increased by over 25%. We will
review past and current emissions reduction efforts for effectiveness and potential for additional
impact to inform the strategies identified for the next 5 years.
36
City of Bozeman, MT Climate Action & Resiliency Plan Proposal Page | 4
3.1. PRELIMINARY SOLUTIONS
This task focuses on the identification and research of integrated climate mitigation and adaptation
solutions for Bozeman. The list of preliminary solutions will be informed by existing plans, technical
expertise and analysis, institutional knowledge, best practices from other cities, input and
collaboration with City staff and the Climate Team, and input from the community.
A “long list” of potential solutions will be developed and organized in a Microsoft Excel workbook for
ease of sorting and maintenance. The workbook will organize potential climate action and resiliency
solutions by key topic areas (i.e., buildings, energy, green space & natural systems, utilities &
infrastructure, transportation, City assets, community development, consumption & waste), and will
also begin identifying the range of actors who may be responsible for implementation (i.e., City
government, community stakeholders, outside entities, etc.). Some preliminary solutions to explore
and opportunities to leverage include: City and utility coordination and goal alignment, tapping the
local university as an innovation asset, and aligning growth policy and land use planning regulations
with climate and resiliency goals.
3.2. CLIMATE TEAM MEETING #2
The second Climate Team meeting will include a review of the feedback from the community forum,
resulting in a final draft vision statement and refined climate mitigation and adaptation goals, along
with short and long-term targets. We will also discuss how the mitigation and adaptation goals can
be used as evaluation criteria from which to evaluate and prioritize the potential solutions.
Another focus of this meeting will include preliminary screening of potential solutions, by potential
climate equity and health impacts/benefits. To facilitate the climate equity and health impacts
discussion, we will break into topic-based groups to systematically review and discuss the equity and
health issues and opportunities associated with each potential solution. Equity and health
considerations will be used to refine solutions and can also inform solution prioritization.
Note that our budget assumes that the Climate Team Meeting #2 would be coordinated with the
same in-person trip as City Commission Meeting #1, to reduce travel expenses and maximize
collaboration time.
3.3. CITY COMMISSION MEETING #1
The first meeting with the City Commission will introduce the project and provide a summary of
progress and feedback to date. We will seek confirmation of the vision statement and climate
mitigation and adaptation goals. We will also share preliminary ideas about potential solutions for
each topic area and seek feedback about political feasibility, priorities, and/or concerns.
Task 3 Deliverables
• Preliminary Climate Solutions (Excel Workbook)
• Climate Team Meeting Agenda, Content, Co-facilitation & Notes
• City Commission Meeting Support, Co-facilitation & Notes
TASK 4. PREFERRED SOLUTIONS
The fourth task narrows the list of potential solutions into a more concrete list of preferred solutions
– those that will likely provide the greatest climate action and resiliency benefits to the Bozeman
community.
4.1. SOLUTION EVALUATION
37
City of Bozeman, MT Climate Action & Resiliency Plan Proposal Page | 5
Building on the work completed in Task 3, this task will delve deeper into the technical and financial
considerations of the potential solutions. We will work with City staff to narrow the “long list” of
potential solutions to a more manageable subset for detailed analysis and evaluation. We will also
work with City staff to determine the solution evaluation criteria (to be aligned with the vision and
goals). The evaluation criteria will draw on previous discussions and activities and will likely include
a mix of quantitative and qualitative considerations, such as:
• Greenhouse gas emissions reductions (quantitative estimate)
• Financial impact (quantitative estimate)
• Impact on community resiliency (qualitative)
• Technical feasibility (qualitative)
• Political feasibility (qualitative)
• Environmental co-benefits (qualitative)
• Local economic impacts (qualitative)
• Social equity impacts (qualitative)
• Human health benefits (qualitative)
• Alignment with Bozeman’s Strategic Plan (qualitative)
Our budget assumes that the consulting team will lead the quantitative evaluation and will provide a
framework and coaching for City staff to complete the qualitative evaluation.
4.2. CLIMATE TEAM MEETING #3
The third Climate Team meeting will focus on review and refinement of the solution evaluation results.
We will also organize into subgroups to identify recommended climate actions and resiliency solutions
for each topic area. The preferred solutions will include a mix of short and long-term actions. After
the shortlist of preferred solutions is identified, we will revisit the short and long-term targets
identified in earlier tasks to confirm whether the preferred solutions, if implemented, could
successfully achieve those targets.
4.3. PREFERRED SOLUTIONS IMPLEMENTATION DETAILS
Following the third Climate Team meeting, we will work closely with the City’s project management
team to develop descriptions for each preferred solution, as well as other implementation details
including timeline, approximate cost and staffing requirements, potential funding sources, and the
responsible party. These details will be documented in a uniform “implementation template” for each
preferred solution so it is clear how each solution will be implemented. Together, this collection of
implementation templates could become an appendix for the Climate Action and Resiliency Plan.
Task 4 Deliverables
• Climate Solution Evaluation (Excel Workbook)
• Climate Team Meeting Agenda, Content, Co-facilitation & Notes
• Climate Solutions Implementation Details
TASK 5. PLAN DEVELOPMENT
The fifth and final task includes pulling information from all previous tasks into a unified document
that provides a clear and actionable roadmap for achieving the community’s climate action and
resiliency vision. This task provides ample time for community review and refinement, so the final
plan truly reflects community feedback and priorities.
5.1. DRAFT PLAN & SUMMARY REPORT
38
City of Bozeman, MT Climate Action & Resiliency Plan Proposal Page | 6
Our team will design and produce a draft report that is accessible and useful for the public, local
nonprofits and businesses, elected officials, and City departments. We will coordinate with City staff
to develop content, maps and graphical representations of data and information where applicable.
The report will include creative visuals to increase user friendliness and reduce text, and will likely
have more detailed technical information, such as strategy implementation details, located in
appendices. A short, graphically-rich summary report will also be developed to supplement the longer
report document.
Our budget assumes one round of review of the draft plan and summary report by City staff and the
Climate Team before it is revised and released for public review and comment. It will be essential for
the project manager to consolidate City staff and Climate Team comments and provide direction to
our team if comment conflicts arise.
5.2. COMMUNITY REVIEW FORUM
A second community forum will provide an opportunity for community members to review and react
to the draft plan. In addition to soliciting ideas for plan refinement, we could also leverage the
meeting as an opportunity to get people excited about plan implementation and actually begin
implementing! We will develop the details for this meeting in the Stakeholder Engagement Strategy,
but preliminary ideas for engagement include:
• Photo booth to show support for plan adoption.
• Pledge cards for people to complete and send to themselves and/or friends/neighbors.
• Volunteer sign-ups for implementation support.
• Take-action guides for residents, community groups, businesses, etc.
Note that Brendle Group can provide content development and design and will rely on the City for
printed materials and other activity supplies.
5.3. FINAL PLAN & WEBSITE CONTENT
We will prepare a final report and summary, following the Community Review Forum. The final report
and summary will reflect recommendations from the public, as well as final comments and
refinements by the City and Climate Team.
During this stage, we will also prepare website content (i.e., text and graphics) for the City, including
goals, solutions, and implementation timelines.
5.4. CITY COMMISSION MEETING #2
We will attend the second City Commission meeting to support City staff in the presentation of the
Final Plan for adoption.
Task 5 Deliverables
• Draft Plan Document & Summary Report
• Community Review Planning Support, Co-facilitation & Notes
• Final Draft Plan Document & Summary Report
• Final Plan Document & Summary Report
• Website Content
• City Commission Meeting Support, Co-facilitation & Notes
39
City of Bozeman, MT Climate Action & Resiliency Plan Proposal Page | 7
PRICE
Our proposed costs associated with this project are identified by task in the table below. Our budget
is based on proposed time and materials, based on the scope outlined above.
Brendle Group will bill the City of Bozeman monthly on a time and materials basis not to exceed
$85,000. Payment terms are net 30 days.
Labor Other Direct
Costs
Total Cost
Task 1. Project Communications, Engagement
Strategy & Plan Integration $18,000 $ 0 $18,000
Task 2. Visioning & Goal Setting $11,200 $1,800 $13,000
Task 3. Climate Action & Resiliency Solutions $13,200 $1,800 $15,000
Task 4. Preferred Solutions $16,200 $1,800 $18,000
Task 5. Plan Development $18,300 $2,700 $21,000
Total Costs $76,900 $8,100 $85,000
As noted in the project proposal under task 2, if the City desires a more detailed analysis of the
existing greenhouse gas inventory, verification of previous inventories, or support developing future
inventories this can be added as an additional task billed at our hourly rates.
Note that Judy Dorsey has family in Bozeman and will not charge travel expenses for up to two in-
person trips during the project period, in coordination with other meetings as applicable. ®
40
SCHEDULE
Below we have outlined a proposed schedule based on the project tasks outlined in the RFP, indicating the general timeframe in which each
task will be completed, targeting completing the project by July 2020. We will review and modify this schedule as needed during monthly
project management check-in meetings.
2019 2020
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul
Task 1.0 Project Communications, Engagement Strategy & Plan Integration
1.1: Kickoff Meeting
1.2: Monthly PM Calls
1.3: Stakeholder Engagement Strategy & Support
1.4: Plan Review & Integration
Task 2.0 Vision & Goals
2.1: Climate Profile
2.2: Climate Team Kickoff Meeting CT 1
2.3: Community Forum CF 1
Task 3.0 Climate Action & Resiliency Solutions
3.1: Preliminary Solutions
3.2: Climate Team Meeting CT 2
3.3: City Commission Meeting Cc 1
Task 4.0 Preferred Solutions
4.1: Solution Evaluation
4.2: Climate Team Meeting CT 3
4.3: Preferred Solutions Details
Task 5.0 Plan Development
5.1: Draft Plan
5.2: Community Forum CF 2
5.3: Final Plan & Web Content
5.4: City Commission Meeting CC 2
Legend: Climate Team = CT Community Forum = CF City Commission = CC
41