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HomeMy WebLinkAbout22- Professional Services Agreement - Montana Outdoor Science School - Year Two of a Direct Student Engagement Pilot Program Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2022 (“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, Montana Outdoor Science School, with a mailing address of PO Box 502, Bozeman, MT 59771, 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. 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 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. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 September13 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 2 of 11 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. 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 DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 3 of 11 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. 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 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 DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 4 of 11 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 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. DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 5 of 11 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 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 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. 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, the 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 DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 6 of 11 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, 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. DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 7 of 11 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Jessica Ahlstrom, Water Conservation Program Manager, 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 Molly Ward, Education Director, 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. 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. DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 8 of 11 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 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 DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 9 of 11 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: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 10 of 11 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 DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Professional Services Agreement for Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year Two FY 2023 – FY 2024 Page 11 of 11 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 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. **** 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 Montana Outdoor Science School By________________________________ By__________________________________ Jeff Mihelich, City Manager Molly Ward, Education Director APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 Exhibit A: Scope of Services Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year 2 I. Background On January 25, 2022, the City of Bozeman and Montana Outdoor Science School (MOSS) entered into a professional services agreement to implement the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum - Direct Student Engagement Pilot Program (Program). The intent of the Program was to provide 5th grade students with a solid founding knowledge in Bozeman’s freshwater resources, hydrologic processes, and the importance of water conservation, through hands- on, place based learning. More specifically, the Program was intended to provide 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the curriculum directly to students. II. Purpose The City requires an organization with the skills and expertise to educate 5th grade students in Bozeman Public Schools on Bozeman’s watershed, the importance of water conservation, and stormwater runoff and pollution through the implementation of the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year 2. The intent of this project is to:  Continue to provide 5th grade students with a solid founding knowledge in Bozeman’s freshwater resources, hydrologic processes, and the importance of water conservation through hands-on, place based learning;  Expand the reach of the Direct Student Engagement Pilot Program and improve the Program through the implementation of lessons learned during the 2021-2022 school year; and  Continue to provide 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the curriculum directly to students. III. Student Learning Objectives  Knowledge in the main components of a watershed and how water moves within Bozeman’s watershed  Understand major components of the Gallatin and Bozeman Municipal watersheds throughout the year  Gather information on water use data to calculate, organize, and understand the importance of implementing water conservation measures  Understand how Bozeman’s stormwater distribution system works and factors that affect water movement throughout the City IV. Curriculum Description  Seeing Bozeman’s Watershed: o Students find out what a watershed is, describe how water flows in a watershed based on elevation, and use maps to identify key parts and functions of watersheds in general and in the Gallatin River and Bozeman Municipal Watersheds, specifically. DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324  Bozeman Home Water Investigation: o Students discuss Bozeman water sources and water conservation concepts, conduct a home water investigation, and compare and contrast results with and without the implementation of water conservation practices. Students then make recommendations for personal conservation strategies at home based on water and monetary savings.  A Year in the Gallatin River Watershed: o Students participate in a hands-on exercise to describe how water flows in their watershed based on elevation and seasons.  Stormwater Hike: o Students are introduced to City watershed concepts and the Bozeman stormwater distribution system through an investigation of water flow on their school grounds.  Adding Up Stormwater Pollution: o Students demonstrate how runoff carries nonpoint source pollution into Bozeman’s storm sewer system and ultimately into our waterways without going to a treatment plant. Focus is on everyone’s contribution, group and individual action, the pollution of water as it flows through the City of Bozeman and how it can be reduced. V. Contractor Responsibilities Contractor will provide training to educators within Contractor’s organization to facilitate the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum in Bozeman Public Schools. Contractor will engage Bozeman Public Schools to participate in this direct student engagement program with a goal of recruiting nine 5th grade classes from at least three schools. The Contractor will offer this program to all 5th grade teachers within the Bozeman Public School District to allow an equal opportunity of engagement and participation. Contractor will select interested classrooms based on a first-come, first served application process. Contractor will facilitate the curriculum in up to nine 5th grade classes from at least three Bozeman elementary schools. Contractor Responsibilities below include work items that resulted from lessons learned during the 2021-2022 Pilot Program year.  Streamline lesson content so that the content is more focused and will accommodate 90 minutes of class time;  Offer the Stormwater Hike lesson as a supplementary resource to teachers to use with their students after the Program is completed;  Revise the pre- and post-assessment content to better accommodate quantitative scoring and ensure that assessment questions directly pertain to student learning objectives;  Adjust the Home Water Investigation worksheet and lesson approach to help students better understand the math exercise associated with the Bozeman Home Water Investigation lesson;  Hire and train qualified instructors to teach the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum;  Engage and recruit 5th grade elementary teachers within Bozeman Public Schools and select classes based on a first come, first served application process;  Provide program and promotional materials; DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324  Communicate and organize scheduled teaching days with Bozeman 5th grade elementary teachers;  Provide students with quantifiable pre- and post- curriculum knowledge assessments to track the effectiveness of this program;  Execute curriculum in nine different 5th grade classes from at least 3 elementary schools;  Provide a summary report to the City outlining program successes, lessons learned and student impacts after completion of the program – including all pre-post-assessment results. VI. City Responsibilities  Provide the Bozeman Water Conservation and Stormwater Management Educator Guide curriculum to Contractor for teaching;  Provide Contractor with relevant teaching materials pertaining to the curriculum;  Provide input on classroom organization and methods for implementing hands on lesson plans in a COVID safe environment. VII. Cost and Timeline Planning MOSS Education Director Time (adjustment to curriculum, revisions to assessments, revisions to Home Water Investigation worksheet, upkeep of materials, teacher/school district communications, instructor training) $2,000 Program Material Goods $200 Promotional Materials $200 Training Training MOSS instructors to present the program (15 instructors for 8 hours) $2,176 Implementation Cost to present program in nine 5th grade classrooms (three, 1.5 hour visits per classroom) in at least three Bozeman elementary schools Approximate $700 per classroom of ~30 students; includes salary for 2 MOSS instructors for six instruction hours, curriculum review, prep time, set-up time, travel time, mileage, very small consumable materials budget $6,300 Project timeline includes the entire 2022-2023 school year TOTAL $10,876 City shall pay Contractor for work completed based on time and materials. Total cost shall not exceed $10,876 without written consent by City. Contractor shall invoice City no more often than once monthly. DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 1 | P a g e Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum – Direct Student Engagement Pilot Program Year One Summary & Results Introduction On January 25, 2022, the City of Bozeman and Montana Outdoor Science School (MOSS) entered into a professional services agreement to implement the Bozeman Water Conservation and Stormwater Management Educator Guide Curriculum - Direct Student Engagement Pilot Program (Program). The intent of this project was to provide 5th grade students with a solid founding knowledge in Bozeman’s freshwater resources, hydrologic processes, and the importance of water conservation through hands- on, place based learning, and to provide 5th grade teachers in Bozeman Public Schools with an opportunity to receive support from MOSS to teach the curriculum directly to students. Recruitment The goal of this Program was to reach at least five 5th grade classrooms in at least three Bozeman Public Schools. A website and online application was created (http://www.outdoorscience.org/water-wise- kids) and emailed directly to all of Bozeman’s 5th grade teachers. Five teachers responded to the initial call for applications and teachers were selected for the Program based on a first-come, first-served basis. Two teachers from Meadowlark Elementary, three teachers from Morning Star Elementary and one teacher from the Bozeman Online Charter School participated in the Program. A teacher from Hyalite Elementary School also applied to participate, but scheduling conflicts prevented their participation this year. In total, MOSS was able to visit six classrooms in three different schools and reach 173 students. School Teacher Number of Students 1 Meadowlark Fergeson 28 2 Meadowlark Pauletti 29 3 Morning Star Babcock 30 4 Morning Star Dore 30 5 Morning Star McIntosh 30 6 Bozeman Online Charter School Rabinsky 26 TOTAL 6 classrooms 173 Table 1: Summary of Program Participation Classroom Visits With the exception of Bozeman Online Charter School, in which one MOSS instructor led the Program, two MOSS instructors visited each school three times. Each visit was approximately two hours long (although there was some variation due to scheduling) and about one week apart. Between visits, students were tasked with an at-home water audit to record baseline water use (between the first and second visit), and a second water audit (between the second and third visit) where water conservation practices were implemented. DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 2 | P a g e Classroom visits were structured as follows: Pre-visit assessment online Visit 1 Seeing Bozeman’s Watershed  Crumpled Watershed Activity  Blue River Watershed Activity (using chalk)  Bozeman Municipal Watershed (laminated with wet erase markers) Introduction to Bozeman Home Water Investigation  Students were given Home Water Investigation Day 1 sheet to take home Visit 2 Discussion of Bozeman Home Water Investigation Day 1 results  Exploration of water saving tools and devices  Brainstorming ideas for water conservation  Discuss reasons why water conservation is important  Students were given Home Water Investigation Day 2 sheet to take home A Year in the Gallatin River Watershed Activity  Seasonal flow simulation using balls/graphing Visit 3 Discussion of Bozeman Home Water Investigation Day 2 results  Comparison with Day 1 results Adding Up Storm Water Pollution Activity Post-visit assessment online Table 2: Summary of Classroom Visit Program Content Each class (which included 25-30 students), was split in two groups for some of the activities in order to achieve more direct instructor-student engagement. Teachers were also encouraged to participate. Assessment Data Table 3: Pre- and Post-Assessment Scores School Pre-Assessment Average Post Assessment Average Point Improvement Sample size (number of students who completed both pre/post assessments) Morning Star - Dore 6.32 8.43 2.11 17 Morning Star - Babcock 6.06 8.18 2.12 23 Meadowlark - Pauletti 5.02 8.12 3.1 21 Meadowlark - Ferguson 4.35 8.52 4.17 24 DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 3 | P a g e Results of Program efficacy were measured by comparing the scores of identical content-based pre- and post-assessments. Data was only collected from students who completed both the pre- and post- assessments (some students only completed one or the other, and two classrooms did not return any post-assessment results). Questions were open-ended, which led to some challenges related to student interpretation and, in turn, difficulty grading. However, despite these challenges, clear improvement of scores was recorded (quantitatively) and clear advancement in understanding was perceived (qualitatively). Chart 1: Change in Assessment Scores after Program Completion based on Classroom As this was the first year in which the City has worked with MOSS to facilitate these lessons, some opportunities for improvement were identified by MOSS instructors and/or suggested by teachers, and are listed below.  Teachers at some schools preferred to include all of their fifth grade classrooms in order to ensure each class received the same hands-on educational opportunities. o Solution: Work toward providing all 5th grade classes in all schools with this Program.  The Program would be best run in the warmest months, as two hours was a long time to be outside in March. o Solution: Aim to visit schools in the fall semester of each school year.  Open-ended assessment questions made it difficult for some students to interpret the questions, and in turn made scoring the assessments more challenging. o Solution: Revise the pre- and post-assessments to be multiple choice and ensure wording is clear and easy to understand.  Instructors and teachers both suggested shorter visits. o Solution: Adjust from 2 hour lesson blocks to 1.5 hour lesson blocks and streamline lesson content and revise so that the content is more focused. DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324 4 | P a g e  Instructors and teachers both suggested reworking the Home Water Investigation worksheet. Students required a lot of help with the math and found it somewhat confusing. They seemed to understand and succeed in collecting initial data, but ran into issues calculating volumes. This is developmentally appropriate math in theory for this age group, but came with challenges nonetheless. o Solution: Revise, simplify and consider digitizing the Home Water Investigation sheet. o Solution: Spend more time walking the students through the math exercise and consider developing tools to assist them in calculating volumes (Excel spreadsheets, etc.).  Some of the concepts in the Program are somewhat abstract. o Solution: Consider purchasing 3-D watershed maps. o Solution: Consider scheduling filed trips to Bozeman Creek and other locations within the watershed. DocuSign Envelope ID: F6A0F41A-9D41-4164-BC77-742433CBB324