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HomeMy WebLinkAboutProfessional Services Agreement with MSU to provide ethics training Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Kissel, Deputy City Clerk Greg Sullivan, City Attorney SUBJECT: Professional Services Agreement for Ethics Training MEETING DATE: February 13, 2012 MEETING TYPE: Consent RECOMMENDED MOTION: Authorize the City Manager to sign a Professional Services Agreement with Montana State University Extension to provide ethics training for elected and appointed officials and employees of the city of Bozeman. BACKGROUND: Article VII of The City of Bozeman Charter approved by the city of Bozeman voters in 2008 requires annual ethics training. Specifically, the Charter says: Section 7.01. Conflicts of Interest; Board of Ethics. (b) Board of Ethics. The city commission shall, by ordinance, establish an independent board of ethics pursuant to state law. The city commission shall appropriate sufficient funds to the city manager to provide annual training and education of city officials, city boards, and employees regarding the state and city ethics codes. City officials, board members, and employees shall take an oath to uphold the state and city ethics codes. This requirement is further codified in the Bozeman Code of Ethics (Section 2.03.600.A BMC) which says: 12. Develop a plan for implementation of a program to educate public servants who are subject to this division and the public about their rights, duties and responsibilities hereunder; and 14. In coordination with the city attorney, city manager, and other appropriate city personnel, arrange for the conduct of an annual workshop, which shall serve as an orientation for new board members and an opportunity for experienced members to explore specific issues in depth; attendance at this workshop shall be made a condition of service as a member of the board, and, before taking office, board members shall commit themselves to attend it. 15 The training included in the attached professional services agreement will be the third offered by the city of Bozeman with the assistance of MSU Extension services. The first training consisted of a two hour in person, training. The second training was online and dedicated to the knowledge contained in the newly created City of Bozeman Ethics Handbook. For this third training, Elizabeth Webb and Dan Clark with the MSU Extension Local Government Center are creating an ethics program focused around trainee’s participation in critical thinking and discussion of practical case studies to work through ethical dilemmas. They will be building on results from Ms. Webb’s newly completed research study to create three separate training tracks. One track will focus on supervisors and the role of a leader in modeling and setting the tone for ethics. Another will assist the remainder of the city of Bozeman employees strengthen the ethical culture. The final track will be designed for board members. Twenty ninety-minute sessions will be provided during a wide range of times to allow for maximum flexibility and participant compliance. These trainings will take place in late March and April. Deputy City Clerk Aimee Kissel and Human Resources Director Tricia Gowen will assist with logistical planning for the training. Board of Ethics members and City Attorney Greg Sullivan will attend many of the trainings. After the trainings have been completed, the case studies discussed will be posted online. All new employees and newly appointed board members or elected officials will take the online ethics training throughout the year in addition to the in person training being currently planned. The online training provides a general overview of the Code of Ethics and the contents of the Handbook and can be completed relatively quickly. The in-person sessions will offer a much more in depth focus. A combination of the two will ensure that new members are 0given the basics of the city and state ethics codes before joining a more in depth discussion. FISCAL EFFECTS: The cost of the annual ethics training will include the following: • Professional Services Agreement - $3,500 • Drinks and snacks provided during the training - $400 estimate • Employee salaries while attending the training – 90 minutes taken from regular tasks • Possible overtime pay for employees who cannot attend during regular shifts – Department Directors will be requested to track overtime required to attend these training sessions ALTERNATIVES: As suggested by the City Commission. Attachments: Professional Services Agreement and 2012 Ethics Training Proposal Scope of Work 16 Contract for Professional Services: Ethics Training Page 1 of 3 PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made as of the ____ day of January, 2012, 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 an ethics training 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: 1. Professional Services to be Performed: a. Scope of Work: The CONTRACTOR shall be responsible for developing, implementing, and hosting an ethics training elected and appointed officials and all employees for education and training purposes in accordance with the attached 2012 Ethics Training Proposal, dated November 30, 2011 . The CONTRACTOR shall coordinate the content and outcomes of the training with the City Attorney, City Clerk, and City of Bozeman Board of Ethics. All content and data generated will be co-owned by the OWNER and CONTRACTOR. 17 Contract for Professional Services: Ethics Training Page 2 of 3 2. Compensation: CONTRACTOR shall be paid $3,500 pursuant to the attached scope of work. OWNER shall pay the entire amount upon invoice from the CONTRACTOR. This invoice shall be approved by the Bozeman City Attorney 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 and in accordance with the attached scope of work. 4. Contacts: Dan Clark, Director of the Local Government Center, 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 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. 18 Contract for Professional Services: Ethics Training Page 3 of 3 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: ___________________________________ Dan Clark, MSU CITY OF BOZEMAN ________________________________ CHRIS KUKULSKI City Manager Attest: ____________________________ STACY ULMEN, CMC City Clerk Approved as to form: _______________________ GREG SULLIVAN City Attorney 19 To: City of Bozeman Aimee Kissel, Greg Sullivan, Tricia Gowen From: MSU Local Government Center Dan Clark, Director Betsy Webb, Associate Director Re: 2012 Ethics Training Proposal Scope of Work The MSU Local Government Center proposed to conduct 20 Ethics Training sessions for Bozeman city officials, employees, and board members. #20 ninety- minute sessions will be offered at $150/session (average of 30 per session x 20 = 600 participants) $3000 Design fee for three tracks of training (one for supervisors, one for non-supervisory staff, one for boards/elected officials) $ 500 Total fee: $3500 The Ethics trainings will take place during the months of February, March, and April 2012, scheduled in coordination with the City of Bozeman, and will be conducted by MSU Local Government Center staff. Training agendas will be developed in collaboration with City of Bozeman staff and departments. Scenarios will include input from department heads to allow for relevant ethics discussions. Track One Draft Agenda (for non-supervisory staff) : Ethics Research Results 2011 Ethics-based scenarios, minimum of 3, small group discussions and use of clickers Large group discussion, Q&A Review of code and resources for staff Track Two Draft Agenda (for supervisors): Ethics Research Results 2011, particular emphasis on role of the leader in building ethical culture Ethics-based scenarios, minimum of 3, small group discussions and use of clickers Large group discussion, Q&A Leadership role in ethical dilemmas in the City 20 Track Three Draft Agenda (for elected and appointed officials serving on boards or council) Ethics Research Results 2011, emphasis on clarity of code and effectiveness of training Ethics-based scenarios, small group discussions, use of clickers Large group discussion, Q&A How to incorporate ethics discussions to boards 21