HomeMy WebLinkAbout12- Engine 8 Professional Services Agreement for Bozeman Climate Partners' Communications Working Group Logo Design �St3�x
Ga �
�l�co.i►�
PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of the If"day of Ma 2012, between THE CITY OF
BOZEMAN, a Municipal Corporation, Bozeman, Montana, PO Box 1230, Bozeman, MT
59771-1230, through its duly elected Commission, (CITY) and Engine S, whose principle
office is located at P.O. Box 852, Livingston, MT, 59047 (CONTRACTOR).
WHEREAS, the accomplishment of the work and services described in this Agreement is
essential to the CITY'S compliance with the City of Bozeman Charter and the Code of Ethics;
and
WHEREAS, the CITY intends to and has selected the CONTRACTOR to provide
necessary and professional services for developing and preparing a logo for the City of Bozeman
and Bozeman Climate Partners' Communications Working Group; 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 a logo
in collaboration with the Bozeman Climate Partners' Communications Working
Group to identify the projects and initiatives related to the Climate Action Plan.
The CONTRACTOR shall coordinate work with the Climate Protection
Coordinator and Bozeman Climate Partners' Communications Working Group.
The logo selected will be owned by the CITY.
2. C• ompensation: CONTRACTOR shall be paid an amount not to exceed $2,475
pursuant to the attached scope of work. CITY shall pay $1,237.50 upon invoice from
the CONTRACTOR to initiate the project. The remaining balance (not to exceed
Contract for Professional Services:Bozeman Climate Partners Logo Design
Pagel of4
$1,237.50) will be paid upon project completion according to the terms outlined in
the attached scope of work. If, for whatever reason, the project scope changes the
CONTRACTOR will notify the CITY prior to adjusting the final fees. The final
invoice shall be approved and paid by the Climate Protection Coordinator.
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: Brad Bunkers, Engine S, shall be the primary contact for the
CONTRACTOR. Natalie Meyer, Climate Protection Coordinator, shall be the
primary contact for the CITY.
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 with Engine S.
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 CITY.
b. Notice of Claim(s): The CONTRACTOR shall immediately notify the CITY 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.
Contract for Professional Services:Bozeman Climate Partners Logo Design
Page 2 of 4
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 CITY and must be delivered to
the CITY 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 CITY within ten(10) business days of notice of termination.
e. Insurance. CONTRACTOR shall obtain commercial general liability insurance
insuring it for its performance under this agreement. The permittee shall name the
City of Bozeman, its officers, and employees as additional insureds on a primary
non-contributory basis. The additional insured coverage shall be in a form
acceptable to the City. To the extent reasonably possible, such additional insured
coverage shall be in the minimum amounts of$750,000 per claim and $1,500,000
per occurrence.
The insurance requirements of this section are in addition to and separate from
any other obligations contained in Sect. 5(f).
£ Indemnification/Waiver. To the fullest extent permitted by law, CONTRACTOR
agrees to defend, indemnify, and hold the City harmless against claims, demands,
suits, damages, losses, and expenses connected therewith that may be asserted or
claimed against, recovered from or suffered by the CITY by reason of any injury
or loss, including but not limited to, personal injury, including bodily injury or
death, property damage, occasioned by, growing out of, or in any way arising or
resulting from any intentional or negligent act on the part of CONTRACTOR or
its agents or employees.
CONTRACTOR waives any and all claims and recourse against the CITY or its
officers, agents or employees, including the right of contribution for loss or
damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except
"responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent" as per 28-2-702,
MCA.
Contract for Professional Services:Bozeman Climate Partners Logo Design
Page 3 of 4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year
first above written.
CONTRACTOR:
Brad Bunkers, Engine S
CITY OF BOZEMAN
r
}r,r CFIRIS KUKULSKI
& ` ' ' ' City Manager
Att6
y
S A
City C f LATtN �°
Approved as to farm:
G G SULLIVAN
City Attorney
Contract for Professional Services: Bozeman Climate Partners Logo Design
Page 4 or 4