HomeMy WebLinkAbout96- Business Services Technical Assistance Agreement, 1996
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TECHNICAL ASSISTANCE AGREEMENT
This Agreement is between Business Services, Inc., located at 16 W. South Street, P.O. Box
508, White Sulphur Springs, Mt., 59645 hereinafter known as "Consultant", and the City of Bozeman,
hereinafter referred to as the "City." The term of this Agreement is January 1, 1996, through
December 31, 1997 unless extended in writing. The parties hereto agree as follows:
The City hereby retains the Consultant to provide services related to labor compliance monitoring for
a project funded by a Community Development Block Grant, specifically:
I. SERVICES TO BE PROVIDED. The Contractor will perform the following services:
A. Attend a pre-construction conference conducted by the architect and engineer for the
project, explaining the requirements and procedurcs for labor compliance;4
B. Review weekly payroll reports submitted by contractors to assure that the required wage
rates are being paid;
C. Conduct interviews with employees on the job site during the term of the project to
confirm that the wage rates reported on the weekly payroll reports are accurate;
D. Submit written certifications that the monitoring has been performed and payment may
be issued to the contractors. This step to be performed in a timely fashion, coordinated with
the claims process of the City.
E. Provide the necessary documentation at the end of the project to satisfy final audit
requirements for the CDBG program.
F. Be present during monitoring by the Department of Commerce to explain any questions
related to labor compliance.
G. Coordinate responses to other problems or concerns that might arise during the course of
the project related to monitoring or compliance.
II. INDEPENDENT CONTRACTOR STATUS:
It is understood by the parties that the Contractor is an independent contractor and as such
neither it nor its employees, if any, are employees of the City for purposes of tax, retirement
system, or social security (FICA) withholding. It is further understood that pursuant to
section 39-71-401, MCA, the contractor has obtained, and will maintain at its expense for
the duration of this Contract, coverage in a worker's compensation plan for its principals and
employees for the services to be performed hereunder.
III. COMPENSATION:
The City agrees to pay the consultant the sum of $3,000, to be billed in increments not to
exceed $500 per month during periods of construction activity. The final $1,000 payment will
be issued after completion of construction and the final project monitoring by the CDBG
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program officer of the Department of Commerce.
IV. MODIFICATION OR TERMINATION:
This contract may be modified or terminated under the following conditions:
1. Termination for Cause or Convenience: If, at any time before the date of completion, one
of the parties determines that the other party has failed to comply with any of the terms and
conditions of this contract, the aggrieved party may give notice, in writing, to the defaulting
party of any deficiencies claimed. The notice will be sufficient for all purposes if it describes
the default in general terms. If the defaulting party fails to cure and correct all defaults
claimed within a reasonable period to be specified in the notice, the aggrieved party may, with
no further notice, declare this contract to be terminated in whole or in part. If either party
determines that continuing the work in progress would not produce the beneficial results
expected, the party may terminate the contract. The two parties shall agree upon the
conditions of termination, including the effective date.
2. Payment for services satisfactorily performed. Upon termination under any of the above
circumstances, the contractor is entitled to receive payment for those services satisfactorily
performed to the date of termination.
3. Modification by Agreement of Parties. The time, scope, or compensation for services of
this contract may be modified only by written agreement of and between the parties hereto.
V. PRINCIPALS:
It is agreed that Barbara Richard will be the consultant's designated principal for this contract.
James Goehrung, Grants Coordinator, will be the representative for the City, and will be
responsible for acting as liaison with the consultant.
VI. SCHEDULE FOR COMPLETION:
The consultant will provide the services described herein in a timely fashion, and will
coordinate the schedule with the City Commission and the City liaison. A tentative schedule
is attached hereto, as Attachment A.
VII. ACCEPTANCE:
The undersigned hereby approve and agree to the terms and conditions of this contract as
described herein.
~INESS SE~)'!CES. INC. . _BOZEMAN CITY COMMISSION
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Barbara Welch Richard, Pres. Ci Manager
Date: t03/~9{, Date: July 1,1996