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HomeMy WebLinkAbout23 - Professional Services Agreements - LATTA CONSULTANTS - LOCAL FOOD SYSTEM PRELIMINARY MAPPING PROJECT DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 GJ - 9x f f K �;e - 8 a� 7r��co.�►�� PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13th day of June, 2023 ("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, LATTA CONSULTANTS, hereinafter referred to as "Contractor." The City and Contractor may be referred to individually as "Parry" 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 31St day of July, 2024, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: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 attached hereto as Exhibit A. 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 attached hereto as Exhibit A. The City must agree in writing upon any additional charges. 5. Contractor's 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, Professional Services Agreement for Local Food System Preliminary Mapping Project Page 1 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 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 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 Professional Services Agreement for Local Food System Preliminary Mapping Project Page 2 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 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 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 Professional Services Agreement for Local Food System Preliminary Mapping Project Page 3 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 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. 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. Professional Services Agreement for Local Food System Preliminary Mapping Project Page 4 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 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 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 Professional Services Agreement for Local Food System Preliminary Mapping Project Page 5 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 Notice of Termination for City's Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special,punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor's Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City's Representative: The City's Representative for the purpose of this Agreement shall be Ali Chipouras 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 Maclaren Latta 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 Professional Services Agreement for Local Food System Preliminary Mapping Project Page 6 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 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. 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services,programs, and activities offered or made available by the City. This includes ensuring that the City's communications with people with disabilities are as effective as its communications with others. If Contractor's Scope of Services includes the production of digital content or documents for the City, Contractor must use both the City style guide when creating a design, and as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. Professional Services Agreement for Local Food System Preliminary Mapping Project Page 7 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 15. 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. 16. 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 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. 17. 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 Professional Services Agreement for Local Food System Preliminary Mapping Project Page 8 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 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. 18. 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. 19. 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 parry'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. 20. 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. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. 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. 23. Survival: Contractor's indemnification shall survive the termination or expiration of Professional Services Agreement for Local Food System Preliminary Mapping Project Page 9 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 this Agreement for the maximum period allowed under applicable law. 24. 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. 25. Severability: If any portion of this Agreement is held to be void or unenforceable,the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. 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. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. 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 date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. 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. 32. 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 the 3 1'day of July, 2025. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Professional Services Agreement for Local Food System Preliminary Mapping Project Page 10 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 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 DocuSigned by: Maclaren Latta,Latta Consultants �oZ CONTRACTOR DocuSigned by: ,a DocuSigned by: B M i�.tlil,�. ��r(�avtln, a y �� � By �} Jeff Mihelich, City Mana 0E45C8ABF0B5495... Print Name: Maclaren Latta Print Title: Owner, President APPROVED AS TO FORM: DocuSigned by: ByF Greg' u�ivan, Bozeman City Attorney Professional Services Agreement for Local Food System Preliminary Mapping Project Page 11 of 11 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 CITY OF BOZEMAN LOCAL FOOD SYSTEM PRELIMINARY MAPPING PROJECT Exhibit A: SCOPE OF SERVICES Submitted by: KATE BURNABY WRIGHT + LATTA CONSULTANTS RFP response date: May 18, 2023 PROJECT MANAGEMENT + APPROACH Provide a description of your proposed solution and an outline detailing your approach and concept for accomplishing this project. Address any time or commitments you see City personnel needing to provide. If more than one person from your firm will participate in the project, include their names and how they will participate. Our team proposes a collaborative, multi-phase approach for this project, as outlined below. Our objectives will include: • Establish effective working relationships, communication channels, project management mechanisms with City of Bozeman staff lead(s) and Steering Committee ("your team") • Gather insights from a broad range of food system experts and entities within the Gallatin Valley food system • Map existing assets and outline critical private, nonprofit and public sector entities involved in the food system • Review existing City of Bozeman plans and policies, and other applicable information/resources • Distill findings into opportunities, barriers, and key insights • Use the insights gathered to make strategic recommendations for the City of Bozeman We anticipate working collaboratively with your team, with Kate taking the lead and Maclaren being the co-lead throughout the project. We look forward to the City of Bozeman staff lead(s), and the Steering Committee, being as involved as you would like to be including providing guidance and participating in interviews, as your time allows. Phase la: Initial Kick Off, Onboarding and Initial Literature Review Timing: Weeks 1-5 (June-July) During Phase 1, we will continue the due diligence begun for this RFP response as we immerse ourselves in this project. • Meet with City of Bozeman staff lead(s) to kick-off the project and confirm the overall objectives, proposed strategic approach, processes, timing, and deliverables • Provide recommendations for potential Steering Committee members • Begin to gather background information, literature, and resources relevant to the Gallatin Valley and the role municipalities play in robust local food systems • Develop a working understanding of the relevant City policies and plans 1 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 Phase 1 b: Establish Steering Committee and Conduct Internal Workshop Timing: Weeks 5-7 (July-Aug) For Phase 1 b, once the Steering Committee has been established, we will conduct an internal workshop to gain your perspectives. • Work with City of Bozeman staff lead(s) and the project Steering Committee ("your team") to outline workshop objectives • Develop agenda and prep work for the workshop based on the objectives • Facilitate a multi-hour workshop to capture your thoughts and confirm what needs to be understood at the end of the constituent interviews to be successful Phase 1 c: Finalize Strategic Approach Timing: Weeks 7-9 (July-Sept) After the multi-hour workshop, we will prepare an initial report including the preliminary interview plan, interviewee list, and recommendations on how to uncover what's still needed. • Analyze and summarize the key takeaways from Phase 1 a and Phase 1 b • Outline the overarching questions that need to be answered through primary and secondary research • Finalize our recommendations for Phase 2a, Phase 2b and Phase 3, based on the key takeaways and overarching questions • Present the key takeaways, overarching questions, guidance for prioritizing interviewees, and research methodologies to your team for final review and approval • Provide an updated outline of recommended constituent contacts as well as compensation structure* *Our team's initial recommendation for compensation is to offer interviewees an option to make a $25-$50 donation to a Gallatin-based non-profit in their name as a thank you for participating in the interview. We will plan to review this recommendation with your team during Phase 1 a and Phase 1 b. Phase 2a: Develop Constituent Interview Plan and Finalize Strategic Approach Timing: Weeks 8-12 (July-Sept) Based on findings from Phase 1, we will finalize the constituent interview plan, interviewee list and discussion guides for use in the interviews. • Outline the constituent interview plan, based on the project goals and purpose, using a combination of in-person and virtual approaches, both one-on-one and small group scenarios; confirm recommended compensation structure • Finalize a list of 20 to 35 interviewees that represents a cross-section of interview populations, ensuring representation from all relevant constituencies/sectors • Structure discussion guides to provide actionable insights to the overarching questions including: the broader landscape; city impact and approach; and resiliency, sustainability and equity • Customize questions within the discussion guides to be relevant to each of the different populations 2 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 • Obtain approval from your team on the interview plan, interviewee list and discussion guides Phase 2b: Primary Research: Constituent Interviews Timing: Weeks 12-36 (Sept-Oct-Nov-Dec-Jan-Feb) The focus of our work for this project will be on the constituent interviews, providing as much time and flexibility as possible to capture thoughts from the confirmed list of interviewees. • Contact and schedule interviews, working with constituents to find convenient times and to use a variety of locations throughout Gallatin Valley to make it easier and more accessible for the interviewees • Work with the City of Bozeman staff lead(s) to enable their participation whenever possible • Facilitate a combination of in-person and virtual interviews, using both one-on-one and small group scenarios as appropriate • Provide interviewees with agreed-upon compensation/thank yous for participating • Record notes and compile results • Analyze and distill findings Phase 3: Secondary Research: Literature Review Timing: Weeks 12-36 (Sept-Oct-Nov-Dec-Jan-Feb) During Phase 3, which will run concurrently with Phase 2b, we will continue our literature review, including: • Review existing City policies, plans, and programs including but not limited to: The Bozeman Strategic Plan (2018) the City of the Bozeman Community Plan (2021), Bozeman Climate Plan (2020), the Parks Recreation and Active Transportation Plan (2023), the Unified Development Code, and the Economic Vitality Strategy • Identify barriers, potential areas of conflict and opportunities • Identify and review other relevant, existing, accessible data sources and resources • Summarize the literature that was reviewed and the relevant findings Phase 4: Local Food System Preliminary Map and Interview Summary Report Timing: Weeks 28-40 (Jan-Feb-March) Our team will use insights from Phases 1-3 to (A) map out key assets and partners, and (B) outline gaps in the local food system, barriers, and opportunities. Deliverables will include: • Map of the key local food system players and assets that can be continuously updated • Report summarizing constituent interviews, including an overview of the process and list of people interviewed • In-depth summary of the interview key findings • Working with your team to incorporate your feedback Phase 5: Develop Recommendations and Final Report Timing: Weeks 32-44 (Feb-March-April) During Phase 5, as we wrap up Phases 2b-4, we will evaluate, analyze and distill research findings into actionable insights. Our deliverables will include a strategic report and presentation 3 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 that outlines insights, key takeaways, and specific recommendations for how the City can support a robust local food system. The final report will include: • Map of the key players and assets • Interview summaries • Key findings that include barriers and opportunities related to resiliency, sustainability and equity • Recommendations • Collaborating with your team to finalize the report Phase 6: Public Presentations Timing: Weeks 44-48 (April) Our team will create a visually appealing and easily digestible presentation and share the findings and recommendations to multiple groups including the Bozeman Sustainability Citizen Advisory Board, City of Bozeman staff and/or commissioners, project participants, interviewees, and the general public. • Develop a visual presentation that is in keeping with the City of Bozeman's look/style • Share the presentation for your team's feedback and final approval • Be available to present up to four times • Include time for questions and answers ADDITIONAL DELIVERABLES In addition to what we will deliver as outlined above, we will provide you with the following: Progress Reports. We will deliver ongoing progress reports throughout the project at an interval desired by your team, summarizing work completed and immediate next steps. Regular Check Ins. Our experience has shown that regular "check ins" are key to an integrated client partnership. Upon contract start date, we will work with your team to set up a regular time interval, when it's convenient for you, to meet and discuss updates to the project, timely findings, immediate needs or concerns to be addressed, and future action items. 4 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 PROPOSED SCHEDULE rrovicae caetaus on the amount of time needed to complete the project and an estimated timeline for completing tasks. Jun July Aug Sep Oct Nov Dec Jan Feb Mar Apr 2023 2024 Phase la Phase 1 b Phase 1 c Phase 2a Phase 2b Phase 3 Phase 4 Phase 5 Phase 6 Phase 1a: Initial Kick Off, Onboarding and Initial Literature Review Timing: Weeks 1-5 (June-July) Phase 1 b: Establish Steering Committee and Conduct Internal Workshop Timing: Weeks 5-7 (July-Aug) Phase 1c: Finalize Strategic Approach Timing: Weeks 7-9 (July-Sept) Phase 2a: Develop Constituent Interview Plan and Finalize Strategic Approach Timing: Weeks 8-12 (July-Sept) Phase 2b: Primary Research: Constituent Interviews Timing: Weeks 12-36 (Sept-Oct-Nov-Dec-Jan-Feb) Phase 3: Secondary Research: Literature Review Timing: Weeks 12-36 (Sept-Oct-Nov-Dec-Jan-Feb) Phase 4: Local Food System Preliminary Map and Interview Summary Report Timing: Weeks 28-40 (Jan-Feb-March) Phase 5: Develop Recommendations and Final Report Timing: Weeks 32-44 (Feb-March-April) Phase 6: Public Presentations Timing: Weeks 44-48 (April) 5 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 PRICE PROPOSAL Provide an overall budget for the project. Describe your preferred fee structure rates. Describe factors significant to determining the project budget. ESTIMATED FEES: $28,290 Our price proposal is based on the proposed deliverables and the desired outcomes and include the following: • Initial Kick Off, Onboarding and Initial Literature Review • Establish Steering Committee and Conduct Internal Workshop • Finalize Strategic Approach • Develop Constituent Interview Plan and Finalize Strategic Approach • Primary Research: Constituent Interviews (25 interviewees) • Secondary Research: Literature Review • Local Food System Preliminary Map and Interview Summary Report • Develop Recommendations and Final Report • Public Presentations (up to 4) ESTIMATED EXPENSES*: $1,000 Expenses are expected to include compensation for 25 interviewees (proposed $25-$50 donation to a Gallatin-based non-profit); and meeting room spaces, refreshments and other costs related to hosting interviews. *Any and all expenses will be submitted for review and approval before they are incurred and then will be submitted for payment after having been incurred. PAYMENT SCHEDULE Invoice #1: 25% — Due upon signing of the professional services agreement Invoice #2: 25% — Due Oct 1, 2023: Phases 1 a, 1 b, 1 c, and 2a substantially complete Invoice #3: 25% — Due Jan 1, 2024: Phases 2b and 3 66% complete Invoice #4: 25% — Due upon completion of the scope of work 6 DocuSign Envelope ID:53626659-E811-417C-BCEB-03A619E98F94 AFFIRMATION OF NONDISCRIMINATION APPENDIX A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Kate Burnaby Wright and Latta Consultants hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts. In addition, Kate Burnaby Wright and Latta Consultants hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://egualpay.mt.gov/BestPractices/Emplovers, or equivalent "best practices publication and has read the material. Names and titles of people authorized to sign on behalf of submitter: Kate Burnaby Wright May 18, 2023 Maclaren Latta, Owner Latta Consultants May 18, 2023 7