HomeMy WebLinkAboutProfessional services agreement for Community Climate Action Plan Consultant
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Natalie Meyer, Grants & Climate Protection Coordinator
Chris Kukulski, City Manager
SUBJECT: CONSENT: PROFESSIONAL SERVICES AGREEMENT FOR
COMMUNITY CLIMATE ACTION PLAN CONSULTANT.
MEETING DATE: January 26, 2009
RECOMMENDATION: Authorize City Manager’s signature PROFESSIONAL SERVICES
AGREEMENT FOR COMMUNITY CLIMATE ACTION PLAN CONSULTANT.
BACKGROUND: To address concerns regarding global climate change, the City of Bozeman
adopted the U.S. Mayor’s Climate Protection Agreement on November 27, 2006. The purpose of
the Mayor’s Climate Protection Agreement is for cities to take steps in reducing green house gas
emissions (GHG) and implement local commitments for climate protection. In an effort to lead
by example, the City of Bozeman hired Hattie Baker as an intern to organize a Municipal
Climate Action Task Force charged with developing an emissions reduction goal for municipal
operations and to make recommendations to help meet that reduction goal. In August 2008, the
City Commission adopted the Municipal Climate Action Plan (MCAP) and is currently working
to implement the Plan and monitor progress. The City of Bozeman is now prepared to fulfill the
second half of the Mayor’s Climate Protection Agreement, a Community Climate Action Plan
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(CCAP). The CCAP will apply to the whole community including residents, businesses, and
public institutions. As the Mayor’s Climate Protection Agreement signatory, the City of
Bozeman is responsible for organizing and leading the task force of community stakeholders.
In December 2008, New Priorities Foundation awarded the City of Bozeman funding to
contract with Hattie Baker as a part-time consultant to lead the Community Climate Action Plan
Task Force. Hattie Baker has agreed to enter into a professional service agreement and is
prepared to initiate work on February 1, 2010.
FISCAL EFFECTS: The city is the recipient of the grant award. Payments will be made to
the consultant according to the terms and schedule in the agreement. The Grants/Sustainability
budget will provide $1,100 in reimbursable advertising and supplies.
ALTERNATIVES: As suggested by the City Commission.
_________________________________ ____________________________
Natalie Meyer, Climate Protection Coordinator Chris A. Kukulski, City Manager
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PROFESSIONAL SERVICES AGREEMENT FOR
COMMUNITY CLIMATE ACTION PLAN CONSULTANT
This Agreement is made this __ day of ______, 2009, by and between CITY OF BOZEMAN,
P.O. Box 1230, Bozeman, Montana, a Municipal Corporation of the State of Montana, ("City"),
and Hattie Baker, Community Climate Action Plan Consultant, Address, 257 Eze Street,
Belgrade, MT 59714 ("Consultant").
RECITALS
A. City desires to employ Consultant to furnish specific services of a professional planning and
organizational nature in preparation of a Community Climate Action Plan (CCAP) for the
Mayor’s Climate Protection Agreement.
B. Consultant agrees to furnish such services in accordance with the conditions herein provided
and will carry out the duties and obligations imposed by the Agreement.
C. City designates the Grants and Climate Protection Coordinator as the representative to
administer this Agreement.
D. Articles 1, 2, 5 and 13 of this agreement allow for revision upon mutual written agreement of
the parties.
AGREEMENT
Subject to the provisions herein set forth and in consideration of the mutual covenants herein
contained, Consultant agrees to furnish, and the City agrees to accept, certain services and
products; specifically, the development of a community climate action plan, more fully described
in Attachments A and B. Such services and products shall be referred to as the Work.
All services described herein are to be performed by Consultant and/or its contractors in
accordance with the most commonly accepted standards and practices of community
organization. Consultant will use final product technologies that are acceptable to the City in
order to satisfy the broadest distribution of the work possible.
Article 1. AGREEMENT TIME.
The Work will be completed within 365 calendar days after the date of this agreement. The total
time may be adjusted by the mutual written agreement of both City and Consultant. The annual
status report will be the last deliverable item and the Agreement will terminate on January 31,
2010.
Article 2. AGREEMENT PRICE.
OWNER shall pay CONSULTANT for performance of the Work in accordance with the
Agreement Documents the total sum (subject to adjustment as provided in the Agreement
Documents) of Thirty Thousand Dollars ($30,000). CONSULTANT recognizes and
acknowledges that the total sum is the aggregated amount for all services described in the scope
in Attachment “B”. OWNER retains the right to a refund contingent upon satisfactory
completion of the Work in accordance with this agreement. The total sum may be adjusted at the
mutual written agreement of both City and Consultant.
Article 3. PAYMENT PROCEDURES.
Consultant will submit monthly invoices to the City Climate Protection Coordinator for
Agreement payments and reimbursement. The Schedule of Values established as provided in
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Attachment “A” will serve as the basis for progress payments and will be incorporated into a
form of Application for Payment acceptable to the City Climate Protection Coordinator. The
amount of retainage with respect to progress payments will be as stipulated in Attachment “A”.
After Consultant has satisfactorily completed the work and has delivered, in accordance with the
Agreement Documents, all reports Consultant may make application for final payment following
the procedure for progress payments. Final Payment will be provided by OWNER to
CONSULTANT upon completion of the Annual Status Report in January 2010. OWNER retains
the right to a refund contingent upon satisfactory completion of the Work in accordance with this
agreement.
Article 4. REIMBURSEABLE EXPENSES.
OWNER shall reimburse CONSULTANT for actual costs related to Community Climate Action
Plan advertising and meeting supplies in amounts not to exceed those listed below.
CONSULTANT will furnish copies of receipts to the OWNER for reimbursement. OWNER
shall furnish Consultant with a City of Bozeman copy code for CCAP related copies in the
amount listed below. Should costs exceed those listed below, CONSULTANT may submit a
written request to the City Manager for additional reimbursement.
ITEM COST ($)
Supplies
Action Plan
Paper/Copies
400
Action Plan Meeting
Supplies
200
Action Plan
Advertising
500
Article 5. CONSULTANT’S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONSULTANT makes the following
representations:
5.1 CONSULTANT has familiarized herself with the nature and extent of the Agreement,
Work, locality, and with all local conditions and federal, state and local laws, growth
policies, ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
5.2 CONSULTANT represents and warrants to City that she has the experience and ability to
perform the services required by this Agreement; that she will perform said services in a
professional, competent and timely manner and with diligence and skill; that she has the
power to enter into and perform this Agreement and grant the rights granted in it; and that
her 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.
Article 6. SCOPE OF WORK
The Work shall consist of the preparation of the work described in the Scope of Services
contained in Attachments “A” and “B”. If CITY wishes CONSULTANT to perform additional
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services, CITY shall so instruct CONSULTANT in writing. The performance, cost, and time
frame of the additional services shall be subject to mutual written agreement of both City and
Consultant.
Article 7. INSURANCE
CONSULANT agrees to keep in force during the entire contract period of this Agreement
minimum limits of not less than $1.0 Million in automobile liability insurance, with the City of
Bozeman named as an additional insured under said insurance coverage. CONSULTANT shall
provide proof of workers compensation insurance at the State statutory limits, unless
CONSULTANT provides an exemption from the State Department of Labor & Industry
Article 8. INDEMNITY
Consultant shall indemnify, defend and hold harmless the City, its officers, directors, and
employees, against any and all claims, that arise from the negligent performance of the
Consultant’s work herein described. The obligations of the Consultant to indemnify, defend and
hold harmless the City of Bozeman will apply to any suit, cause of action, claim, loss, cost or
obligation including, without limitation, those alleged under the common law or pursuant to a
federal or state statute or regulation including those arising from the negligent acts, errors or
omissions of the Consultant. The indemnity required herein shall not be limited by reason of the
specification of any particular insurance coverage in this Agreement.
Article 9. INDEPENDENT CONTRACTOR
CONSULTANT acknowledges that the services rendered under this Agreement shall be solely as
an independent contractor. CONSULTANT shall not enter into any contract or commitment on
behalf of City. CONSULTANT further acknowledges that it is not considered an affiliate or
subsidiary of City, and is not entitled to any City employment rights or benefits.
Article 10. GRANT / WORK MADE FOR HIRE
To the extent that CONSULTANT‘S Work includes any work of authorship entitled to
protection under the copyright laws of the United States or elsewhere, the parties agree that:
CONSULTANT'S Work has been specially ordered and commissioned by the City as a
contribution to a collective work, a supplemental work, or such other category of work as may be
eligible for treatment as a "work made for hire"; CONSULTANT is an independent contractor
and not an employee, partner, joint author or joint venturer of the CITY; CONSULTANT'S
Work shall be deemed to be a "commissioned work" and a "work made for hire" to the greatest
extent possible under the law; and the CITY shall have the right to use, execute, reproduce,
display, perform, distribute internally or externally, and prepare derivative works of the
CONSULTANT'S Work.
To the extent that CONSULTANT'S work is not properly characterized as a "work made for
hire," then CONSULTANT shall, at its own expense, cause the CITY to have and obtain the
right and license to use, execute, reproduce, display, perform, distribute internally or externally,
and prepare derivative works based upon all such works and derivative works thereof and shall
provide to the CITY a written license granting the CITY such rights. It is the intent of the parties
that the specific work subject to said license shall be comprised of text, illustrations, calculations,
photographs, and all other works Consultant copies that may belong to third parties for which
license for use is required.
Article 11. OFFICE RULES
CONSULTANT shall comply with all office rules and regulations, including security
requirements, when on City premises or in use of City equipment.
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Article 12. CONFLICT OF INTEREST
CONSULTANT shall not offer or give a gratuity of any type to any City employee or agent.
Article 13. GOVERNING LAW
This Agreement shall be construed and enforced in accordance with the laws of the State of
Montana. In the event of dispute regarding the terms of this Agreement, the parties agree to
attempt mediation of the conflict prior to pursuing litigation. Venue shall be in Gallatin County,
18th Judicial District.
Article 14. ENTIRE AGREEMENT AND NOTICE
This Agreement contains the entire understanding of the parties and may not be amended without
the specific written consent of both parties. Any notice given under this Agreement shall be
sufficient if it is in writing and if sent by certified or registered mail.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and
year first above written.
CONSULTANT
By: ________________
Hattie Baker, Consultant
CITY OF BOZEMAN
By:______________
Chris Kukulski, City Manager
ATTEST:
Stacy Ulmen, City Clerk
_____________________________
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ATTACHMENT A Year Month Activity Contract Payments ($) Percent of Total Retainage ($) Deliverable 2009 Feb Emissions Inventory 2,375 8% 125 Mar 4,750 16% 250 Apr 7,125 24% 375 May 9,500 32% 500 Jun 11,875 40% 625 *Emissions Inventory Jul Select/appoint 14,250 48% 750 Aug Task Force 16,625 55% 875 Sep 19,000 63% 1,000 Oct 21,375 71% 1,125 *Recommend Task Force appointments Nov Task Force meetings 23,750 79% 1,250 Dec 26,125 87% 1,375 2010 Jan 28,500 95% 1,500 Feb 30,000 100% **Annual Status Report *Payments not to exceed underlined percent of total payment prior to completion of deliverable **Following delivery of stated work, consultant recieves 5% city retainage ($1500) 11
ATTACHMENT B
SCOPE OF WORK
I. Consultant is responsible for preparing a Greenhouse Gas Emissions Inventory,
a. in accordance with the National Association of Clean Air Agencies (NACAA)
and ICLEI-Local Governments for Sustainability,
b. encompassing the City of Bozeman community,
c. summarized in figures and tables in the Annual Status Report (item IV),
d. accessible to the City of Bozeman for model verification and future monitoring.
II. Consultant will create a Community Climate Action Task Force,
a. by providing appointment recommendations to the City Manager, who will
request approval of appointments from City Commission,
b. using the Standard City Board Application form,
c. that, at a minimum, includes representatives from:
• City of Bozeman- Climate Protection Coordinator
• Public Agencies-Montana State University, Bozeman Deaconess,
Bozeman Public Schools, Streamline Transportation, Gallatin County
• Business- Chamber of Commerce, North Western Energy, Downtown
Business Association, Southwest Montana Building Industry Association
• Residents- Inter-neighborhood Council, three citizens-at-large
III. Consultant will facilitate Task Force meetings,
a. to identify an emissions reduction goal,
b. to develop community climate action recommendations and implementation
strategies,
c. wherein meetings comply with open meeting laws and utilize public meeting
rooms,
d. and meeting minutes will be delivered to the Climate Protection Coordinator for
dissemination on the City of Bozeman web-site.
IV. Consultant will provide an Annual Status Report,
a. detailing the emissions inventory, meeting summary and/or minutes, and task
force progress to date,
b. and will be delivered by January 15, 2010 to the Climate Protection Coordinator.
V. Consultant will prepare an Earth Day Progress Report in April 2010,
a. to be presented during the week of the Gallatin Earth Celebration,
b. to update the community and City Commissioners of progress and provide an
opportunity for public comment.
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VI. Consultant will be furnished with
a. a laptop computer for conducting the emissions inventory, preparing meeting
minutes, and reports,
b. CACP software for conducting the emissions inventory,
c. a climateaction@bozeman.net e-mail address and phone service for
communication with Task Force members,
d. access to conference rooms for meetings,
e. a City of Bozeman copy code.
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