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HomeMy WebLinkAboutProfessional Services Agreement with Sustainable Planning Solutions.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Natalie Meyer, Grants & Climate Protection Coordinator Anna Rosenberry, Finance Director Chris Kukulski, City Manager SUBJECT: Professional Services Agreement for the Mayors’ Community Climate Action Plan consultant. MEETING DATE: April 5, 2010 AGENDA ITEM TYPE: Consent RECOMMENDATION: Ratify the City Manager’s signature for a Professional Services Agreement with Sustainable Planning Solutions to continue consultant work on the Community Climate Action Plan. 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 and communities to take steps to reduce green house gas emissions (GHG) and implement local commitments for climate protection. In 2008, the City of Bozeman hired Hattie Baker as an intern to organize a Municipal Climate Action Task Force, which was charged with developing recommendations to help reduce emissions within City operations. The City Commission accepted the Municipal Climate Action Plan (MCAP) in August of 2008 and we are currently working to implement the recommendations and monitor progress. Simultaneously, the City of Bozeman is also working to fulfill the second half of the Mayor’s Climate Protection Agreement, a Community Climate Action Plan (CCAP). The CCAP will address 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 for a one- year contract with Hattie Baker, Sustainable Planning Solutions, to coordinate the Mayors’ Community Climate (MCC) Task Force. Since February 2009, Baker has completed a greenhouse gas inventory for the community, recruited the Mayor’s Community Climate Task Force members, and organizes regular MCC Task Force and working group meetings. In January 2010, New Priorities Foundation committed to a second year of funding for Sustainable Planning Solutions for the purposes of completing the Community Climate Action Plan. Baker has agreed to enter into a new, one-year Professional Services Agreement. The Community Climate Action Plan is scheduled to be completed by February 2011. 89 FISCAL EFFECTS: The City of Bozeman is the recipient of a grant award of $20,000. Payments will be made to the consultant according to the terms and schedule in the agreement. The Grants/Climate Protection budget will provide $2,250 in reimbursable advertising and supplies. ALTERNATIVES: As suggested by the City Commission. Attachments: Professional Services Agreement Report compiled on: 3/30/10 90 PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY CLIMATE ACTION PLAN CONSULTANT This Agreement is made this __ day of ______, 2010, 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 March 31, 2011. Article 2. AGREEMENT PRICE. CITY 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 Twenty Thousand Dollars ($20,000). CONSULTANT recognizes and acknowledges that the total sum is the aggregated amount for all services described in the scope in Attachment “B”. CITY retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. The total sum may be adjusted at the mutual written agreement of both City and Consultant. 91 Article 3. PAYMENT PROCEDURES. Consultant will submit monthly invoices to the City Climate Protection Coordinator for Agreement payments and reimbursement. The Schedule of Values established as provided in Attachment “A” will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the City Climate Protection Coordinator. The amount of retainage with respect to progress payments will be as stipulated in Attachment “A”. After Consultant has satisfactorily completed the work and has delivered, in accordance with the Agreement Documents, all reports Consultant may make application for final payment following the procedure for progress payments. Final Payment and Retainage will be provided by CITY to CONSULTANT upon completion of the Community Climate Action Plan document and Commission presentation by February 28, 2010. CITY retains the right to a refund contingent upon satisfactory completion of the Work in accordance with this agreement. Article 4. REIMBURSEABLE EXPENSES. CITY shall reimburse CONSULTANT for actual costs related to Community Climate Action Plan advertising and meeting supplies in amounts not to exceed those listed below. CONSULTANT will furnish copies of receipts to the CITY for reimbursement. CITY shall furnish Consultant with a City of Bozeman copy code for CCAP related copies in the amount listed below. Should costs exceed those listed below, CONSULTANT may submit a written request to the City Manager for additional reimbursement. ITEM COST ($) Action Plan Paper/Copies 500 Action Plan Meeting Supplies 250 Action Plan Advertising 1,500 Article 5. CONSULTANT’S REPRESENTATIONS. In order to induce CITY 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 92 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 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 93 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. 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 _____________________________ 94 PaymentsnottoexceedunderlinedpercentoftotalpaymentpriortocompletionofdeliverableATTACHMENT AGrossNet PaymentTotal Percent of YearMonthActivityPayment (5%Retainage)Payments TotalDeliverable2010MarCommercial Building Meetings $ 2,400 $ 2,280 2,280$ 11%AprTransportation Meetings $ 2,400 $ 2,280 4,560$ 23%MayWaste & Recycling Meetings $ 2,400 $ 2,280 6,840$ 34%JunEducation & Outreach Meetings $ 2,400 $ 2,280 9,120$ 46%JulList of Recommendations $ 1,300 $ 1,235 10,3$ 55 52% *List of RecommendationsAugPublic Comment$ 1,300 $ 1,235 11,590$ 58%SepPublic Comment$ 1,300 $ 1,235 12,825$ 64%OctFirst Draft$ 1,300 $ 1,235 14,060$ 70%NovSecond Draft / Policy Meeting $ 1,300 $ 1,235 15,2$ 95 76% *Second DraftDecSecond Draft Review $ 1,300 $ 1,235 16,530$ 83%2011JanFinal Report$ 1,300 $ 1,235 17,765$ 89%FebPresent to Commission $ 1,300 $ 1,235 19,0$ 00 95% **Final Report & PresentationMarRETAINAGE$ - $ 1,000 20,000$ 100%*Paymentsnottoexceedunderlinedpercentoftotalpaymentpriortocompletionofdeliverable **Following delivery of stated work, consultant recieves 5% city retainage ($1,000)95 ATTACHMENT B SCOPE OF WORK I. Consultant will facilitate Task Force meetings, a. to identify an emissions reduction goal for the community, b. to develop community climate action recommendations and implementation strategies, c. wherein meetings comply with open meeting laws and utilize public meeting rooms, and d. meeting minutes will be delivered to the Deputy City Clerk for dissemination on the City of Bozeman web-site. II. Consultant is responsible for coordinating the delivery of a Community Climate Action Plan to the City Commission, a. based on the recommendations and implementation strategies developed by the Mayors’ Community Climate Task Force, b. encompasses the City of Bozeman community, c. includes recommendations that specifically target greenhouse gas reductions, d. summarizes the Consultant’s greenhouse gas emissions inventory, and e. will be provided to the City of Bozeman in hardcopy and electronic format. III. Consultant will provide the City of Bozeman with drafts of the Community Climate Action Plan for public comment, a. wherein the draft list of recommendation and subsequent versions of the Community Climate Action Plan will be made available on the City of Bozeman web-site by July 31, 2010, b. a draft version of the Community Climate Action Plan will be presented during a Policy Meeting by November 30, 2010, c. public notice of the final hearing will be advertised for six days as a display or legal ad in the Bozeman Daily Chronicle, and d. the final version of the Community Climate Action Plan will be presented during a public hearing before the Bozeman City Commission by February 28, 2011. IV. Consultant will be furnished with a. a laptop computer for preparing meeting minutes and reports, b. a climateprotection@bozeman.net e-mail address and phone service for communication with Task Force members, c. access to conference rooms for meetings, d. a City of Bozeman copy code. 96