HomeMy WebLinkAboutProfessional Services Agreement with MSU-Extension for Creation of an Ethics Handbook.pdf Commission Memorandum
REPORT TO: Bozeman City Commission
FROM: Greg Sullivan, City Attorney
Chris Kukulski, City Manager
SUBJECT: Adoption of Contract for Services with Montana State University –
Extension for Creation of an Ethics Handbook
MEETING DATE: December 14, 2009
AGENDA ITEM TYPE: Consent Agenda
RECOMMENDATION: Approve the attached Professional Services Agreement with MSU-
Extension for Creation of an Ethics Handbook.
BACKGROUND: The Bozeman Code of Ethics (Chpt. 2.01, BMC) as stated in Ordinance 1759
requires the Board of Ethics to develop an “Ethics Handbook” within one year of the Board
commencing operations:
(13) within one year from the effective date of this Ordinance date of the first meeting
of the Board, submit to the governing body for its approval and promulgation, an ethics
handbook for the use of all public servants and the public; the personnel department shall
document that each City officer and employee receives a copy of the handbook and
acknowledges receipt of the handbook in writing; and
2.01.130, BMC.
The Board has been in contact with Paul LaChapelle, Associate Professor with MSU –
Extension, and requested Mr. LaChapelle assist in the drafting and development of the
handbook. Mr. LaChapelle assisted the City in the Ethics Trainings for both officials and
employees this past fall. The agreement you have before you tonight provides the terms of the
participation by Mr. LaChapelle in working with the Board and drafting the handbook.
The Board meets on Thursday, December 10, 2009 to review this Agreement and provide a
recommendation to you. The details of the Board’s decision on a recommendation will be made
available to you via email through City Attorney Sullivan on Friday, December 11, 2009.
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The Board will work closely with Mr. LaChapelle to produce an outline and discuss content of
the Handbook. The Board anticipates completion of Mr. LaChapelle’s drafting work in the early
spring, enabling the Board to produce the Handbook and distribute it prior to the one-year
requirement contained in the municipal code.
FISCAL EFFECTS: The contract amount of $1,250 has already been budgeted for the Board
of Ethics.
ALTERNATIVES: As suggested by the City Commission.
Attachments:
Contract for Services with MSU Extension
Report compiled on: December 9, 2009.
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Contract for Professional Services: Ethics Handbook
Page 1 of 4
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of the 14th day of December, 2009, between THE CITY
OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, PO Box 1230, Bozeman,
MT 59771-1230, through its duly elected Commission, (OWNER) and Montana State
University Extension, whose principle offices are located at P.O. Box 172240, Bozeman, MT,
58714-2240 (CONTRACTOR).
WHEREAS, the accomplishment of the work and services described in this Agreement is
essential to the OWNER'S compliance with the City of Bozeman Charter and the Code of Ethics;
and
WHEREAS, the OWNER intends to and has selected the CONTRACTOR to provide
necessary and professional services for developing and preparing, in consultation with the
Bozeman Board of Ethics, an “Ethics Handbook” to be used by all city officials and employees;
and
WHEREAS, CONTRACTOR represents it is willing and qualified to perform the
professional services for this investigation as described in this Agreement.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and
conditions contained herein, the parties agree as follows:
1. Professional Services to be Performed:
a. Scope of Work: The CONTRACTOR shall be responsible for developing and
drafting a handbook (hereinafter referred to as the “Handbook”) to be used by the
city of Bozeman and the Bozeman Board of Ethics for education and training
purposes. The CONTRACTOR shall coordinate with the Board of Ethics in
developing and drafting the Handbook. The Board of Ethics shall have the final
decision regarding content.
Contract for Professional Services: Ethics Handbook
Page 2 of 4
i. Final Work Product: The CONTRACTOR shall provide a final version of
the Handbook to the Board of Ethics by the timeline established in Section
3, below. CONTRACTOR shall not be responsible for production costs,
including duplication and distribution. Those costs shall be borne solely
by the OWNER.
ii. Authorization for Credit: The OWNER agrees to grant CONTRACTOR
an authorship credit using language acceptable to both parties. OWNER
retains all rights of ownership of CONTRACTOR’S work product.
2. Compensation: CONTRACTOR shall be paid based on an hourly rate of $25.00/hour
but under no circumstances shall the total amount to be paid to CONTRACTOR
exceed $1,250.00. OWNER shall pay the entire amount upon final invoice from the
CONTRACTOR after completion of the work as determined by the Board of Ethics.
This invoice shall be approved by the Bozeman Board of Ethics and paid through the
Bozeman Clerk.
3. Time of Completion: CONTRACTOR recognizes time is of the essence and will
complete the above described duties in as expeditious a manner as possible but under
no circumstances shall the CONTRACTOR complete the services described in Sect.
1, above, any later than July 22, 2010.
4. Contacts: Paul Lachapelle, Ph.D., Assistant Professor, Extension Community
Development Specialist, Department of Political Science, Montana State University,
shall be the primary contact for the CONTRACTOR. Aimee Kissel, Assistant City
Clerk, shall be the primary contact for the OWNER.
5. Miscellaneous:
a. Independent Contractor: It is understood and agreed that the CONTRACTOR is a
independent entity and that the relationship created by this agreement is that of an
independent contractor. CONTRACTOR is not an employee of City, and is not
entitled to the benefits provided by City to its employees, including but not
limited to, group insurance and pension plan. As an independent contractor,
CONTRACTOR is required to provide the necessary equipment to perform the
services required herein. CONTRACTOR is exempted under §39-71-401, MCA,
under subsection (d) from the requirement for Workers Compensation Insurance
as CONTRACTOR is a sole proprietor that works from a separate fixed business
location on the Montana State University campus.
Contract for Professional Services: Ethics Handbook
Page 3 of 4
a. Assignment/Substitute: Neither this Agreement nor any interest herein, or claim
hereunder, shall be assigned or transferred by CONTRACTOR to any party or
parties without the prior written approval of the OWNER.
b. Notice of Claim(s): The CONTRACTOR shall immediately notify the OWNER
of any claim, demand, complaint, or cause of action filed, delivered, or served on
the CONTRACTOR during the term of this Agreement or after if related in any
way to the provision of services under this Agreement.
c. Modification and Amendments: The parties agree that any amendment or
modification of this Agreement or any provisions herein shall be made in writing
and executed in the same manner as this original document and shall after
execution become a part of this Agreement.
d. Termination: Either party may terminate this Agreement by submitting written
notice to the other party. Any work product created by CONTRACTOR up to the
point of termination shall be the property of the OWNER and must be delivered to
the OWNER within five (5) business days of termination. In the event of
termination by either party, CONTRACTOR shall provide a final invoice for
work completed to OWNER within ten (10) business days of notice of
termination.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year
first above written.
CONTRACTOR:
___________________________________
Paul Lachapelle, MSU
CITY OF BOZEMAN
________________________________
CHRIS KUKULSKI
City Manager
Contract for Professional Services: Ethics Handbook
Page 4 of 4
Attest:
____________________________
STACY ULMEN, CMC
City Clerk
Approved as to form:
_______________________
GREG SULLIVAN
City Attorney