HomeMy WebLinkAboutAuthorize Professional Services Agreement to Develop Lawn Care and Riparian Area Best Management
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brian Heaston, Project Engineer
SUBJECT: Authorize City Manager to Sign a Professional Services Agreement with Robyn
Egloff Design, Inc. to Develop a Lawn Care and Riparian Area Best Management Practice Outreach and Education Campaign in Accordance with DEQ 319 Grant Contract 213031.
MEETING DATE: March 17, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to Sign a Professional Services Agreement
with Robyn Egloff Design, Inc. to Develop a Lawn Care and Riparian Area Best Management Practice Outreach and Education Campaign in Accordance with DEQ 319 Grant Contract 213031.
BACKGROUND: The City was awarded a DEQ 319 Grant to develop a lawn care and riparian
area best management practice outreach and education campaign. The purpose of the grant is to educate local residents about the water quality impacts lawn care and riparian area best
management practices have upon local watershed health. The education and outreach campaign
will engage the community in an effort to raise awareness of the water quality benefits inherent
with proper lawn care and riparian area vegetative management techniques as well as the storm
water runoff/water quality nexus. The effort will also engage large landowners near Bozeman Creek and the East Gallatin River, such as golf courses and sod farms, with targeted nutrient
management education in an effort to reduce phosphorous and nitrogen nutrient inputs to these
waterways.
A direct solicitation of services was performed in accordance with City and State procurement policies to hire a consultant to assist the City with the project in an effort to enhance the overall
effectiveness of the outreach and education campaign. Three firms were solicited: Robyn Egloff
Design, Inc.; Mercury Advertising, CSC; and Flying Horse Communications. A notice of
proposals was also published in the Bozeman Daily Chronicle on February 16, 2014 and was
posted to the city’s ‘bids’ webpage. Only one proposal was received, that being from Robyn Egloff Design, Inc. The proposal was reviewed and found to sufficiently address all required
proposal criteria. City and DEQ staffs have approved Robyn Egloff Design, Inc. to provide
services in relation to DEQ 319 Grant Contract 213031.
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Attached to this memorandum are the following documents: Professional Services Agreement;
Exhibit A - Scope of Services; DEQ 319 Grant Contract 213031; and DEQ Notice to Proceed –
Contracted Services. The City has requested the grant effective date be extended to June 30,
2015 and has received verbal acknowledgement of the DEQ’s acceptance to do so. A formal grant contract modification is working through DEQs approval channels at this time.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As Suggested by the Commission. FISCAL EFFECTS: The grant contract requires the City provide $14,000 in non federal match
dollars to fund the efforts of the education and outreach campaign. In-kind time for City project
management and coordination activities will be provided to cover $3,000 of the match
requirement, with the remaining $11,000 required match being allocated from from the City’s stormwater enterprise fund to cover costs of the Robyn Egloff Design, Inc. The total dollar
expenditure of the project applied to Robyn Egloff Design, Inc is $21,000 ($10,000 DEQ 319
Grant, $11,000 storm fund match).
Attachments: Professional Services Agreement Exhibit A – Scope of Services DEQ 319 Grant Contract 213031
DEQ Notice to Proceed – Contracted Services
Report compiled on: March 6, 2014
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Professional Services Agreement for DEQ 319 Contract 213031 Public Outreach and Education Campaign
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2014, by and between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and
existing under the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana 59771,
hereinafter referred to as “City,” and Robyn Egloff Design, Inc., 2500 Bergamot Court, Bozeman,
MT 59715, hereinafter referred to as “Consultant.” In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to hire Consultant as an independent contractor to perform for City services described in the Scope of Services attached hereto as Exhibit “A” and by this reference made a part hereof.
2. Effective Date: This Agreement is effective upon the date of its execution and will
terminate on the 30st day of June, 2015. 3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services attached hereto. For conflicts between
this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4. Payment: City agrees to pay Consultant an amount based on the Consultant’s
proposal but not to exceed Twenty-One-Thousand Dollars ($21,000.00) for services performed
pursuant to the Scope of Services. Ten-thousand dollars ($10,000.00) of this total will be provided
from the City’s existing DEQ 319 Grant Contract 213031, with the remaining non-federal grant match provided from the City’s stormwater fund. In addition, Consultant may be billed at the
hourly rate, not to exceed Seventy-Five Dollars ($75.00) for any additional services requested
beyond the scope of work. Any alteration or deviation from the described work that involves
additional costs above the Agreement amount will be performed by Consultant after written request
by the City, and will become an additional charge over and above the contract amount. The parties must agree in writing upon any additional charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Consultant makes the following
representations:
a. Consultant has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, growth policies,
adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost,
progress or performance of the Scope of Services.
b. Consultant represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional,
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competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its 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 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.
6. Independent Contractor Status: The parties agree that Consultant is an
independent contractor for purposes of this Agreement and is not to be considered an employee of
the City for any purpose. Consultant is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties.
Consultant shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law.
Consultant shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Consultant 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 Consultant or Consultant’s agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Consultant or Consultant’s agents or employees.
Consultant also 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. Should City be required to bring an action against the Consultant to assert its right to
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defense or indemnification under this Agreement or under the Consultant’s applicable insurance
policies required below the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Consultant was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
The above obligations shall survive termination of this agreement. In addition to and independent from the above, Consultant shall secure insurance coverage
that will protect, defend, and indemnify the City and which is acceptable to the City and furnish to
the City an accompanying certificate of insurance issued by a company authorized to do business in
the State of Montana in amounts not less than as follows:
• Workers’ Compensation - statutory
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional
or named insured on a primary non-contributory basis on both the Commercial General and
Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The
City must approve all insurance coverage and endorsements prior to the Consultant commencing
work.
8. Professional Service: Consultant agrees that all services and work performed hereunder will be accomplished in a professional manner.
9. Compliance with Laws: Consultant agrees to comply with all federal, state and
local laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the
Montana Safety Act in Title 50, Chapter 71, MCA. Consultant agrees to purchase a City business license.
10. Nondiscrimination: The Consultant will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Consultant shall be subject to and comply with Title
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VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Consultant shall require these nondiscrimination terms of its sub-consultants providing services under this agreement.
11. Default and Termination: If either party fails to comply with any condition of this
Agreement at the time or in the manner provided for, the other party, at its option, may terminate
this Agreement and be released from all obligations if the default is not cured within ten (10) days after written notice is provided to the defaulting party. Said notice shall set forth the items to be
cured. Additionally, the non-defaulting party may bring suit for damages, specific performance,
and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of
one remedy does not preclude use of the others. Notices shall be provided in writing and hand-
delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement.
12. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the
right to compensation or duties arising hereunder, without the prior written consent of City. Any
subcontractor or assignee will be bound by all of the terms and conditions of this Agreement.
13. Ownership and Publication of Materials: All reports, information, data, and other materials prepared by the Consultant pursuant to this Agreement, except those separately identified in the Scope of Services or in other written agreements between the parties, are owned by the City.
The City has authority to release, publish or otherwise use, in whole or part, reports, information,
data and other materials prepared by Consultant pursuant to this Agreement, except those separately
identified in the Scope of Services or in other written agreements between the parties. Any re-use without written verification or adaptation by the Consultant for the specific purpose intended will be at the City’s sole risk and without liability or legal exposure to the Consultant. No material
produced in whole or in part under this Agreement may be copyrighted or patented in the United
States or in any other country without the prior written approval of the City.
14. Liaison: City’s designated liaison with Consultant is Craig Woolard and
Consultant’s designated liaison with City is Robyn Egloff.
15. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
16. Reports/Accountability/Public Information: Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant’s compliance with the
requirements of this Agreement. Consultant shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The
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Consultant shall not issue any statements, releases or information for public dissemination without
prior approval of the City. 17. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach. 18. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
CITY OF BOZEMAN, MONTANA ROBYN EGLOFF DESIGN, INC.
By________________________________ By__________________________________ Chris Kukulski, City Manager Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Professional Services Agreement for Public – Exhibit A Scope of Services Page 1 of 3
Exhibit A – Scope of Services
Detailed scope of services for Robyn Egloff Design, Inc., hereafter referred to as “Consultant”, under this Professional Services Agreement is provided as follows. Consultant shall perform work
that generally satisfies the purpose of DEQ Contract No. 213031 which is hereby incorporated into
this exhibit by reference.
TASK 1 – PROJECT PLANNING AND COORDINATION Consultant shall research and identify land management uses in the greater Bozeman area that have
the potential to substantially reduce nonpoint source pollution through BMP implementation.
Targeted land uses may include golf courses, sod farms, the City of Bozeman’s public parks, Montana State University property, local school property, and other commercial and residential
properties.
From the list of identified land uses, Consultant shall contact a minimum of ten property owners and
land managers about current land management practices to guide the development of the education and outreach program described in Task 2, and to solicit participation in the education and outreach
program.
Proposed Task 1 Approach:
At the conclusion of a print, online and earned media outreach effort, Consultant will assist the City with holding education outreach roundtables. Specific attendees such as golf courses, landscape
companies, HOAs and neighborhood committees will be targeted specifically, however the meeting
will be advertised to the community and media and open to the public.
Outreach to riparian area landowners will be much more targeted. Talking points and general information rack card will be created as well as a ‘hit list’ of contacts including private land owners,
golf courses, city parks, etc. Individual visits may be utilized and a smaller, invite-only roundtable
will be held with COB staff and riparian buffer experts (possible Montana Trout Unlimited). Golf
course and sod farm outreach and education will address nutrient management BMPs. Talking
points and general information disseminated will be reviewed by DEQ and also by identified experts in the field prior to conducting outreach (e.g. GLWQD, Blue Water Task Force, GGWC,
MSU Extension, etc.). The focus of visits and roundtable will be to guide the development of
educating landowners on best practices.
Task 1 Cost: $4,000 319 Funds: $2,000
Storm Fund Match: $2,000
Task 1 Deliverables:
1) A list of specific individuals, organizations, schools, universities, municipalities and other entities that were identified and contacted for participation in the education and outreach project.
2) Summary of meeting notes for each contacted property owner and/or land manager.
Additionally, attendees acquiring information such as general knowledge of subject matter as well
as campaign effectiveness will complete surveys.
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3) Consultant will assist in organizing, planning, prepping City staff and contacting media regarding each roundtable event. Consultant will work with City staff on contacting riparian area property
owners on an individual basis as well.
TASK 2 – EDUCATION AND OUTREACH PROGRAM
Consultant shall develop an education and outreach program targeted to property owners and land managers identified in Task 1. Consultant shall coordinate with local water quality protection groups, including the Greater Gallatin Watershed Council, the Gallatin Local Water Quality
District, and Montana State University Extension Water Quality, and other stakeholders in
developing the education and outreach program. Consultant shall obtain City’s approval in writing
for any contracted services proposed by Consultant related to the development of the education and outreach program.
Consultant shall ensure that participants receive background information on non point source
pollution in the Bozeman area, proposed solutions, and BMPs for proper lawn care and riparian
restoration through presentations and printed handouts. Additional outreach may include direct mailings, on-site visits, web-based presentations, or other media-outlet presentations. Consultant shall provide resources for participants interested in pursuing BMP implementation.
Proposed Task 1 Approach:
Two specific outreach efforts will be created to increase exposure and awareness of stormwater health as it relates to lawn care runoff and riparian buffers positive impact on waterway health. Consultant will first identify partners such as Trout Unlimited, GGWC, GVLT, MSU Extension,
GLWQD, Blue River Task Force and more and will work with City staff and experts from
partnership groups to determine best talking points/messaging for each outreach effort.
For the citywide lawn care/stormwater health outreach effort, a print, online, earned media and collateral campaign will be developed with a respective budget falling within available funds. The timing will be focused on spring/early summer of 2014, with a possible smaller push in fall/early
winter 2014. Immediately after the outreach effort ends in media outlets (early summer 2014), the
City with Consultant assistance will hold the educational roundtable for general community
attendance as well as a media opportunity. Consultant will assist in creating a survey and gathering information from attendees, as well as assisting City staff with creating a presentation and talking points. Consultant will utilize existing materials as much as possible to economize the project. A
collateral piece will be created with a specific risk and call to action regarding best practices for
lawn care and resultant water quality implications.
The riparian outreach and education will be much more sniper-style and targeted to large landowners such as city parks, golf courses, and sod farms. Nutrient management education and
BMP implementation will be targeted to golf courses and sod farms specifically. The riparian
outreach education effort will not be limited to these groups however. Specific general landowners
near waterways within city limits will also be contacted. A sheet of talking points will be created and used during initial contact with landowners (possibly in person). Information will be logged and analyzed from these meetings, and a more comprehensive collateral piece including best
practices for creating riparian buffers will be created and disseminated during a larger roundtable
discussion. Consultant will assist in creating a survey to be administered during this roundtable to
acquire more information from attendees. As with the lawn care campaign, Consultant will identify
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and engage partner organizations to expand reach.
Task 2 Cost: $14,000 319 Funds: $7,000
Storm Fund Match: $7,000
Task 2 Deliverables 1) A list of individuals, organizations, agencies, and other entities participating in the education and outreach program.
2) A draft copy of each educational material produced to be reviewed by the DEQ project manager.
3) A final version of each education material produced in electronic and hard copy format.
4) Presentation agendas, photos, surveys, talking points and attendee sign-in sheets.
TASK 3 – PROJECT EFFECTIVENESS EVALUATION Consultant shall monitor the effectiveness of education and outreach activities through follow-up surveys with project participants. Consultant shall work with the DEQ Project Manager and partner
groups to prepare a survey that captures the level of participation, subject awareness, and the
likeliness of BMP implementation.
Proposed Task 3 Approach Consultant will work with City staff to coordinate roundtable discussions/community education
events. These events will follow educational outreach efforts focused on lawn/landscaping
runoff/stormwater contaminants and riparian area health. Consultant will also prepare a focused
nutrient management education effort for golf courses and sod farms. Surveys will be prepared and presented to attendees to gather information as well as gauge success of outreach efforts. Additionally, Consultant will provide website metrics associated with dedicated web page at
Bozeman.net to gauge engagement.
Task 3 Cost: $3,000 319 Funds: $1,000 Storm Fund Match: $2,000
Task 3 Deliverables
1) A draft copy of the survey for review by the DEQ Project Manager 2) A final copy of the survey.
3) Survey results and summary of project effectiveness to be included in Final Grant Report.
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March 3, 2014
RE: Notice to Proceed – Contracted Services
Contract: 213031, Protecting Bozeman’s Waters
Dear Mr. Heaston,
In accordance with the Acceptance Criteria of Task 2 under 319 contract 213031, the Montana
Department of Environmental Quality (DEQ) Watershed Protection Section has reviewed the following
deliverables submitted by the City of Bozeman:
☐Design Drawings/Engineering Packet
☐Permits [list]
☐QAPP/SAP
☒Advertised RFP and selected contractor RFP proposal
DEQ Watershed Protection Section approves of the City of Bozeman to contract services described in
Tasks 1-3 of contract 213031 to robyn egloff design, inc. This letter will serve as the Contractor’s "Notice
to Proceed"; with this notice the City of Bozeman may proceed with the planned activities detailed in
Tasks 1-3.
Please save this Notice to Proceed for inclusion in the final report required for contract 213031, as well
as your contract files. If you have any questions please let me know and thank
you for all your work.
Sincerely,
Robert Ray
Watershed Protection Section Supervisor
CC: Ann McCauley, DEQ Project Manager
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