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HomeMy WebLinkAbout22- Professional Services Agreement - Center for Public Excellence - Technical Assistance with Standards of Cover and Community Risk Assessment Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), 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.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” 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 Effective Date and will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this Agreement. 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 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. DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Center for Public Safety Excellence June30th 3 2September20 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 2 of 12 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 the 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, Montana Code Annotated (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. DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 3 of 12 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, 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. 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 effect 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, DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 4 of 12 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 intentional 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 City as 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 the City 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 City 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 City for a claim(s) or any portion(s) thereof. In the event of an action filed against the 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, 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 [City’s] 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 DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 5 of 12 assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in 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. 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 shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. 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. 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. DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 6 of 12 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 Convenience: a. Should conditions arise which, in the opinion and discretion of the City or the Contractor, make it advisable to the other party to cease performance under this Agreement, either party may terminate this Agreement by written notice to the other party (“Notice of Termination for Convenience”) with 30 days notice. The termination shall be effective in the manner specified in the Notice of Termination for Convenience and shall be without prejudice to any claims that one party may otherwise have against the other. b. Upon receipt of the Notice of Termination for Convenience, unless otherwise directed in the Notice, the other party 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 both parties. Parties 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 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, DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 7 of 12 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 and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be the Fire Chief 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 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 designated by the City in writing 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 Brian Dean 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. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 8 of 12 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 and Equal Pay: 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. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 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 DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 9 of 12 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 its 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 the 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 of 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 including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 10 of 12 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 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 herein 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 DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 11 of 12 date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. 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 June 30, 2023. 32. Force Majeure: Neither party shall not be held responsible for delay or failure to perform its obligations under this Agreement when such delay in or failure to perform is solely caused by or results from events or circumstances beyond the Party’s reasonable control, including but not limited to fire, floods, earthquakes, riot, acts of God or war, civil unrest, major weather event (e.g., tornado, blizzard, etc.), epidemics, pandemics or outbreak of communicable disease, and quarantines. Notwithstanding the above, the Parties agree to use reasonable commercial efforts to avoid or mitigate the causes to minimize the delay or failure to perform and resume work when the cause is mitigated. The Parties must provide the other with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. In addition, the Party seeking relief under this Section must use all commercially reasonable efforts to complete the work. If unable to avoid, mitigate, or remedy the cause, and if the Party requesting relief under this section desires to terminate its performance, that Party must notify the other in writing no earlier than 30 (thirty) days of the Party’s intent to end the work, Nothing herein obviates the non-terminating Party from seeking reimbursement for costs or expenses from the terminating Party related to this Agreement. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA CENTER FOR PUBLIC SAFETY EXCELLENCE By________________________________ By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Chief Operating Officer Debbie Sobotka Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 12 of 12 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Community Risk Assessment/Standards of Cover Facilitation Proposal for the Bozeman Fire Department 300 E. Oak St Bozeman, Montana 59715 Josh Waldo, CFO Fire Chief 4501 Singer Court, Suite 180, Chantilly, VA 20151 703-691-4620 - www.cpse.org DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC COMMUNITY RISK ASSESSMENT/STANDARDS OF COVER FACILITATION Page 2 of 7 CONTENTS THE CPSE DIFFERENCE .................................................................................................................................. 3 SCOPE ............................................................................................................................................................ 3 PROJECT FRAMEWORK ................................................................................................................................. 4 PROJECT TIMELINE ........................................................................................................................................ 5 DELIVERABLES ............................................................................................................................................... 5 CPSE RESOURCES .......................................................................................................................................... 6 ESTIMATED FEES AND EXPENSES .................................................................................................................. 6 ASSUMPTIONS .............................................................................................................................................. 6 INQUIRIES ..................................................................................................................................................... 7 DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC COMMUNITY RISK ASSESSMENT/STANDARDS OF COVER FACILITATION Page 3 of 7 THE CPSE® DIFFERENCE The mission of the Center for Public Safety Excellence® is: “To lead the fire and emergency service to excellence through the continuous quality improvement process of accreditation, credentialing, and education.” By teaching, coaching, guiding, and advising, CPSE’s Technical Advisor Program® (TAP®) strives to provide agencies the tools to internalize continuous quality improvement and thereby achieve excellence. TAP places great importance on thorough preparation for each project including: •A clear understanding of the agency’s background, goals and objectives, and the complex issues they are facing, •A workplan that is comprehensive, well designed, and provides ample opportunity for analysis necessary to measure current and future resource needs, •Sufficient resources and a commitment to successfully complete the project within the desired time frame at a reasonable cost, and •Assignment of expert resources in project management and technical support to guide an agency as they work towards accreditation. Unlike traditional agency evaluation processes, TAP’s Community Risk Assessment/Standards of Cover (CRA/SOC) process requires the fire service agency to become the experts in determining baseline performance and developing benchmarks for future performance. A comprehensive self-assessment, guided by experienced facilitation and executed by the fire service agency’s committed personnel, will ultimately translate into improved effectiveness, efficiency, and better quality of services being delivered. SCOPE CPSE defines a SOC document as “those written policies and procedures that establish the distribution and concentration of fixed and mobile resources of an agency.” By conducting a CRA prior to establishing the SOC, an agency is positioned to develop a risk-driven deployment model. An effective CRA/SOC process affords an agency’s employees the opportunity to become involved and participate, enhances teamwork and cooperation, and provides a basis for measuring organizational performance. The CRA/SOC Facilitation process typically takes six to nine months and includes: •Four days of detailed instruction on conducting a CRA and developing a SOC, •Participation in a service area tour, identifying community hazards, risks, and deployment points. •Meeting with the agency’s emergency communications/dispatching center to discuss the CFAI® accreditation model performance criteria and the setting of benchmark targets for alarm handling, •Coaching in document design layout, •Instruction in data analysis and the application of geographic information system mapping tools, •On-going coaching through shared website and web-based meetings, and •A professionally formatted and published CRA/SOC. Give a man a fish and you feed him for a day. Teach a man to fish and you feed him for a lifetime. DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC COMMUNITY RISK ASSESSMENT/STANDARDS OF COVER FACILITATION Page 4 of 7 Expected outcomes include a CRA/SOC that will follow CFAI model competencies as identified in the CPSE’s Quality Improvement for the Fire and Emergency Services, and as supported in Section 3, Phase 1 of the publication, including: •Assessment and documentation of the agency’s historic and current area characteristics; •Assessment and documentation of the agency’s all-hazard risk assessment and response strategies; •Assessment and documentation of the agency’s historical and current deployment and performance; •Plans for maintaining quality response performance; and •Recommendations for improving less than satisfactory response capability. PROJECT FRAMEWORK CPSE will take a systematic approach to the agency’s CRA/SOC process. The chart below illustrates the general flow of events for a comprehensive CRA/SOC process: DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC COMMUNITY RISK ASSESSMENT/STANDARDS OF COVER FACILITATION Page 5 of 7 PROJECT TIMELINE There will be eight stages to this project. Once this proposal is accepted, a detailed Statement of Work (SOW) will be built that addresses the details for these stages, their timing, and the roles that CPSE and the agency will play in their completion. A sample SOW is provided at the end of this proposal. Once a signed professional services agreement (PSA) and a finalized SOW is received, CPSE can begin work on this project within one month and complete the project within another five to eight months for a total project time of six to nine months. 1.CFAI Accreditation Model (Category 2) Instruction on Community Risk Assessment/Standards of Cover 2.Current Deployment Analysis 3.Community Risk Assessment 4.Agency CRA/SOC Document Critical Review 5.Distribution/Concentration/Reliability Study 6.Performance/Service Level Measures Development 7.Compliance Methodology Development 8.CRA/SOC Manual Publication DELIVERABLES CPSE is responsible for the following deliverables: 1.Statement of Work with project objectives and agreed upon timelines and fee schedule; 2.Shared Web site construction and training for CPSE and agency use; 3.All necessary tables, forms, instruments and modules; 4.Six (6) days of on-site facilitation activity to include; a.Community stakeholder meeting(s) b.Two (2) CRA/SOC instructional deliveries to the agency CRA/SOC team members c.Tour of the service area identifying community risk locations and deployment points d.Meeting with the agency emergency communications dispatch center to discuss relevant CFAI model performance elements 5.CPSE Subject Matter Expert feedback on all draft documents; 6.Facilitation of up to six 90-minute CPSE facilitator/agency web meetings for draft document critical review and/or discussion; and 7.Layout, design, edit and publishing of the agency’s Community Risk Assessment – Standards of Cover document to include; a.Professionally designed cover b.Hyperlinked table of contents c.Hyperlinked table of tables d.Hyperlinked table of maps e.Hyperlinked table of figures f.Executive summary g.Documentation of area characteristics h.Description of agency programs and services DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC COMMUNITY RISK ASSESSMENT/STANDARDS OF COVER FACILITATION Page 6 of 7 i.Community all-hazard risk assessment and risk calculation methodology j.Current deployment and performance by risk class and category k.Evaluation of historical (3-5 years) deployment by risk class and category l.Plan for maintaining and improving response capabilities m.Appendices/exhibits CPSE RESOURCES CPSE’s Technical Advisor Program Manager will oversee this project to ensure that the end-result of each project component has a satisfied client whose expectations are fully met. The community risk assessment/standards of cover project component will have an assigned Senior Technical Advisor to facilitate all of the on-site instruction and a Senior Technical Advisor to critically review and guide all CRA/SOC final module work. A dedicated TAP Technical Support Specialist will ensure that all community risk assessment/standards of cover materials are professionally prepared. Guiding publications and instructional workbooks will be provided for the agency’s assigned team members. ESTIMATED FEES AND EXPENSES CPSE has estimated the following fees and expenses for this project: The cost for CPSE to facilitate the development of the Bozeman Fire Department‘s CRA/SOC is $39,000.00. This proposed cost includes all technical advisor time and travel expenses to facilitate the Community Risk Assessment – Standards of Cover facilitation process. The facilitation process events will be scheduled according to the agreed upon Statement of Work. Any additional travel requested and approved by the Bozeman Fire Department will be billed by CPSE at actual cost and is above and beyond the proposed cost above. ASSUMPTIONS The Bozeman Fire Department is a municipal fire service agency that protects the residents, businesses, and visitors of Bozeman, Montana. •Josh Waldo, Fire Chief is the key contact for this project. •Please provide information regarding specific procurement requirements prior to the issue of a CPSE Professional Services Agreement. •The purpose of CPSE’s Technical Advisor Program (TAP) is to coach, mentor, guide, and assist fire service agencies. Agency representatives will play an active role in developing their community risk assessment/standards of cover document. •This proposal is valid for a period of sixty (60) days. •CPSE and the Bozeman Fire Department will execute a professional services agreement prior to the start of this project. •CPSE and the Bozeman Fire Department will execute a statement of work governed by the professional services agreement prior to the start of this project that will be the sole document to govern the scope, methods, terms, and deliverables of this project. DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC COMMUNITY RISK ASSESSMENT/STANDARDS OF COVER FACILITATION Page 7 of 7 INQUIRIES Please contact CPSE with any inquiries regarding this proposal: Brian R Dean, CFO Technical Advisor Program Manager 4501 Singer Court, Suite 180 Chantilly, VA 20151 Office: (703) 691-4620, ext. 209 Mobile: (407) 919-9862 Email: bdean@cpse.org DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Appendix A: Community Risk Assessment/Standards of Cover Statement of Work July 29, 2022 Project Steps Step Details Step Timing Step Responsibility Step Billing 1. Project Acceptance  Finalized Statement of  Work  Signed Professional Services Agreement  Construction of Shared Site By Friday, September 23, 2022 CPSE and Bozeman Fire Department $7,800.00 2. Project Executive Orientation  Discussion of final SOW and identification of resources needed for each step  Overview of Shared Web Site  Identification of CPSE and agency project points of contact By Friday, September 30, 2022 CPSE N/A 3. Post Required Materials to Shared Site  Agency primary contact information  Agency and community images, including high resolution agency logo  Agency organizational chart By Monday, October 10, 2022 Bozeman Fire Department N/A 4. CRA/SOC Instruction Part 1  Onsite tour of agency service area  On-site instruction of the CRA/SOC Modules 1, 2, and 3  Instruction on use of the of the CPSE TAP CRA/SOC Module Templates Monday, October 24, 2022 through Wednesday, October 26, 2022 CPSE $7,800.00 5. Invite Community Stakeholders Send invitations to request community stakeholder participation in the community stakeholder meeting By Wednesday, November 16, 2022 Bozeman Fire Department N/A 6. Current Community Served and Fire Department Profile Agency Upload of CRA/SOC Module 1 & 2 Drafts  Identification of the community served (Module 1)  History of fire department organization  Existing fire department programs, and profile of emergency response deployment and coverage (Module 2) By Friday, November 18, 2022 Bozeman Fire Department N/A 7. Post Required Materials to Shared Website  List of community stakeholders By Monday, November 28, 2022 Bozeman Fire Department N/A 8. External Stakeholder Meeting and CRA/SOC Instruction Part 2  Conduct a feedback session with community stakeholders  Tour and meeting with the agency’s emergency communications center  On-site review of agency CRA/SOC Module 1 & 2 drafts  On-site instruction of the CRA/SOC Modules 3, 4, 5, and 6 Wednesday, November 30, 2022 through Friday, December 2, 2022 CPSE $7,800.00 9. Study of Community Hazard sand Risks Agency Upload of CRA/SOC Module 3 Draft  Community All-Hazard Risk-Assessment Methodology applied  Emergency Operations Critical Task Analysis  Community Risk Classification and Categorization documentation  Establishment of operation geographic planning zones By Monday, January 16, 2023 Bozeman Fire Department N/A DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC Appendix A: Community Risk Assessment/Standards of Cover Statement of Work July 29, 2022 10. Web Meeting for Module 3 Review  Technical Review of Module 3 Draft By Monday, January 23, 2023 CPSE $7,800.00 11. Measurement of Systems Performance Agency Upload of CRA/SOC Module 4 Draft  Geographical analysis of first due and effective response force emergency unit distribution, concentration, and reliability data  Emergency response performance data by response grid and planning zone By Monday, February 27, 2023 Bozeman Fire Department N/A 12. Web Meeting for Module 4 Review  Technical Review of Module 4 Draft By Monday, March 6, 2023 CPSE N/A 13. Evaluation of Emergency Response Delivery Systems Agency Upload of CRA/SOC Module 5 Draft  Establishing agency benchmark emergency response objectives  Establishing agency baseline emergency response objectives  Establishing emergency response gaps by risk classification and category of severity By Monday, March 27, 2023 Bozeman Fire Department N/A 14. Web Meeting for Module 5 Review  Technical Review of Module 5 Draft By Monday, April 3, 2023 CPSE N/A 15. Systems Management and Improvement Plans Agency Upload of CRA/SOC Module 6 Draft  Recommendations for emergency incident response gap closure and for improved incident outcomes  Organization continuous improvement strategies By Monday, April 24, 2023 Bozeman Fire Department N/A 16. Web Meeting for Module 6 Review  Technical Review of Module 6 Draft By Monday, May 1, 2023 CPSE N/A 17. Publish Agency Community Risk Assessment/ Standards of Cover Document  CPSE edit, layout, design, and publishing of the agency’s Community Risk Assessment/Standards of Cover Document. By Monday, June 12, 2023 CPSE $7,800.00 Acceptance: City of Bozeman Initials of Authorized Party: Click or tap here to enter text. Center for Public Safety Excellence (CPSE) Initials of Authorized Party: Debbie Sobotka, COO DocuSign Envelope ID: AA13C74C-D441-45C3-A702-0F4EAAD6D6FC