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PROFESSIONAL SERVICES AGREEMENT
THIS IS AN AGREEMENT made as of the 14th day of December, 2009, 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, in consultation with the Bozeman
Board of Ethics, an “Ethics Handbook” to be used by 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:
Professional Services to be Performed:
Scope of Work: The CONTRACTOR shall be responsible for developing and drafting a handbook (hereinafter referred to as the
“Handbook”) to be used by the city of Bozeman and the Bozeman Board of Ethics for education and training purposes. The CONTRACTOR shall coordinate with the Board of Ethics in developing
and drafting the Handbook. The Board of Ethics shall have the final decision regarding content.
Final Work Product: The CONTRACTOR shall provide a final version of the Handbook to the Board of Ethics by the timeline established in Section 4, below. CONTRACTOR shall not be responsible
for production costs, including duplication and distribution. Those costs shall be borne solely by the OWNER.
Authorization for Credit: The OWNER agrees to grant CONTRACTOR an authorship
credit using language acceptable to both parties.
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 $1,250.00. OWNER shall pay $500.00 to CONTRACTOR at the commencement of the work and shall pay the remaining amount upon final invoice from the CONTRACTOR
and completion of the work as determined by the Board of Ethics. Any invoice shall be approved by the Bozeman Board of Ethics and paid through the Bozeman Clerk.
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 complete
the services described in Sect. 1, above, any later than _________________, 2010.
Contacts: Paul Lachapelle, Ph.D., Assistant Professor, Extension Community Development Speciali
st, 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.
Miscellaneous:
a. Independent Contractor: It is understood and agreed that the CONTRACTOR is a professional person 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.
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.
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.
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.
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:
___________________________________
Paul LaChapelle, MSU
CITY OF BOZEMAN
________________________________
CHRIS KUKULSKI
City
Manager
Attest:
____________________________
STACY ULMEN, CMC
City Clerk
Approved as to form:
_______________________
GREG SULLIVAN
City Attorney