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Home My WebLink About02- Barnes Consultant Agreement ~ CONSULTANT AGREEMENT THIS AGREEMENT is entered into between the CITY OF BOZEMAN, hereinafter referred to as "THE CITY", and CRAIG R.BARNES, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Consultant is retained by the City to perform Consultant services in cOlmection with the installment and implementation of the City of Bozeman Building Permit software program. 2. SCOPE OF SERVICES. The Consultant will provide professional computer services related to the implementation of the Building Permit HTE software, bringing the program to the point where data on newly issued permits can be entered and City Building Department staff trained to use the software no later than January 1, 2003. This will include thoroughly evaluating the HTE software and its capabilities, determining what aspects of the software the city should use and providing instructions on how to use the system. In addition, the Consultant will also provide professional computer services related to the City's AS 400 system as requested by the City and as time permits. 3. TIME FOR PERFORMANCE. Work under this contract shall conunence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall begin work not later than November 4, 2002 and shall perform all services and provide all work product required pursuant to this agreement by December 31, 2002, unless an extension of such time is granted in writing by the City. 4. PA YMENT. The Consultant shall be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be paid a total anlOunt not to exceed Seven Thousand ($7,000.00) without express written modification of the agreement signed by the City. b. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date. Each voucher must state, with particularity, the work conducted by Consultant during the period for which payment is requested. Each voucher will be checked by the City Building Department, and upon approval thereof, payment will be made to the Consultant in the amount approved. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertaimnent and verification by the City after the completion of the work under this agreement and its acceptance by the City. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made available upon request. 5. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property ofthe City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 7. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices, agents and employecs, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. INSURANCE. The Consultant shall secure and maintain in force throughout the duration ofthis contract professional liability insurance in the amount of One Million ($1,000,000) Dollars. 9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided Lmder this agreemcnt. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for providing the Consultant workers' compensation coverage or otherwise assuming any duties of an employer with respect to Consultant, or any employee of Consultant. 10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafidc employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation ofthis warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price of consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. DISCRIl\.1INATION PROHIBITED. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON~W AIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other prOVISIOn. 14. TERMINA TION. The Parties may terminate this agreement at any time by giving ten (10) days written notice at the addresses herein. 15. DISPUTES. Any dispute arising out ofthe terms or conditions of this agreement shall be adjudicated within the Eighteenth Judicial District of Montana. Further, this agreement shall be construed under Montana Law. 16. NOTICES. Notices to required herein shall be sent to the following: City of Bozeman Craig R. Barnes 411 East Main Street P.O. Box 625 Post Office Box 1230 Manhattan, Montana 59741 Bozeman, Montana 59771-1230 17. ATTORNEY'S FEES. In the event it is necessary for either of the parties hereto to bring any action to enforce the terms and covenants of this agreement, it is agreed that the prevailing party shall be entitled to reasonable attorney fees including fees and salary paid to the City Attorney or other in-house counsel. 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this -< b dayof ;\/0 v t.~ M /3, L~ i7_ , 20 0 .2.- ,e~ ---'" Crai . "B'ames,onsultant - . CITY OF BOZEMAN ~.-".. \ \ Clark Johnson, City Manager ~JM~ Ro m Sulhvall Clerk of thE: Cily Commission 8 .-. '- OP ID K41 ACORCl. INSURANCE BINDER DATE 11/25/02 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM, PRODUCER I PHONE --- C-OMPANY--- "----1 BINDER # --."'. 406-586-3351 7896 . (AlC, No, Exl): 406=586-0437 United States Liability Ins. i EFFECTIVE ------- D~:~IRATIDN Western States Ins - Bozeman DATE - - TIME TIME POBox 430 ~ AM Xt201 AM Bozeman MT 59771 _!1/25/02 12: 01 PM 12/25/02 .. NOO~_ - -..--... 1 SUB CODE: -......-'.. l THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABove NAMED COMPANY CODE: PER EXPIRING POLICY #: BINDER 'Ai'fENCY -.-,.,..., ..... CUSTOMER ID: BARNE01 DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (Including Location) INSURED Craig Barnes PO Box 625 Manhattan MT 59741 I COVERAGES LIMITS TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT ...- -"..-. .~,- --.-".,-.. ..------ ---....--. PROPERTY CAUSES OF LOSS - 1__ ] BROAD D SPEC BASIC - .-- ..-- ----- GENERAL LIABILITY EACH OCCURRENCE $ -. -~ COMMERCIAL GENERAL LIABILITY --...". ....."'.- FIRE DAMAGE (Anyone (Ire) $ -- ~ CLAIMS MADE U OCCUR MED EXP (Anyone person) $ ..------_.. PERSONAL & ADV INJURY $ -- ---- GENERAL AGGREGATE $ -.--.-.. ---.. ..-- ---.... .- RETRO DATE FOR CLAIMS MADE: PRODUCTS - COMPIOP AGG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ---".. .__.u ANY AUTO BODILY INJURY (Per person) $ - ___.__n_ _ _........___ ALL OWNED AUTOS BODILY INJURY (Per accident) $ - ----...- --.-...--.... SCHEDULED AUTOS PROPERTY DAMAGE $ - -... . ...n.. HIRED AUTOS MEDICAL PAYMENTS $ - -..-.". .....- NON-OWNED AUTOS PERSONAL INJURY PROT $ ------, ---- .__..._u__ _...n.__ UNINSURED MOTORIST $ ~ .-.. .__n - $ AUTO PHYSICAL DAMAGE DEDUCTIBLE __J ALL VEHICLES U SCHEDULED VEHICLES ACTUAL CASH VALUE ........, :____1 COLLISION: STATED AMOUNT $ ._".... .- OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ - -.." -.-. ANY AUTO OTHER THAN AUTO ONLY: - -.---"'. EACH ACCIDENT $ ----- n.'._. -.-.-.--- -----...- .- .______"._._..____._ ..._.._....n AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ .--....-- --..----.. .---- ==l UMBRELLA FORM AGGREGATE $ -...".- .-.- OTHER THAN UM6RELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION 1$ WC STATUTORY LIMITS -.-".....-". ...-.-.". WORKER'S COMPENSATION E.L. EACH ACCIDENT $ AND . ...-.-. EMPLOYER'S LIABILITY E.L. DISEASE - EA EMPLOYEE $ .---.. E.L. DISEASE - POLICY LIMIT $ SPECIAL Technology Professional Liability, $1,000,000 per occurrence, $1,000,000 FEES $ CONDITIONSI aggregate. $1,000 each claim deductible, Claims made form, retroactive da -----,..---- ------. --.. g6~~~GES te is date of policy inception TAXES $ -- ESTIMATED TOTAL PREMIUM S NAME & ADDRESS =J MORTGAGEE H ADDITIONAL INSURED LOSS PAYEE --C'--- .m -.-.-..- ~._n.......,,__ LOAN # AUTHORIZED REPRESENTATIVE I ACORD 75-5 (1/98) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE @ACORD CORPORATION 1993