HomeMy WebLinkAbout10- MSU Extension, online ethics training development, Professional Services AgreementPROFESSIONAL SERVICES AGREEMENT
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THIS IS AN AGREEMENT made as of the) ,?�' da y of November, 280 between TIME 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.G. 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 an online ethics training, based
in part on the City (?f Bozeman Ethics Handbook for 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:
I . Professional Services to be Performed;
a. Scope of Work The CONTRACTOR shall be responsible for developing,
implementing, and hosting an ethics training using the internet for education and
training purposes. The CONTRACTOR shall coordinate the content and
outcomes of the training with the City Attorney and City Clerk. CONTRACTOR
shall make available to OWNER an internet -based access to data that will certify
employees and officials have completed the required training. All content and
data generated will be co -owned by the OWNER and CONTRACTOR.
Contract for professional Services: Online Ethics Training
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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 $1,500.00. OWNER shall pay the entire amount upon final invoice from the
CONTRACTOR after development and posting of the training. This invoice shall be
approved by the Bozeman City Attorney paid through the Bozeman Clerk,
1. 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 make the internet-based training
available for use by employees and officials any later than January 1, 2011.
4. Contacts: Paul Lach,apelle, 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.
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 offlairn
(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
Contract for Professional Services: Online Ethics Training
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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 (I 0) business days of notice of
termination.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year
first above written.
CONTRACTOR:
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Attest ?11�
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Paul Lachapelle, MSU
CITY OF BOZEMAN
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CHRIS KUKULSKI
City Manager
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Attorney
Contract for Professional Services: Online Ethics Training
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