HomeMy WebLinkAbout14- The Nest Collective Agreement a e;
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this (0-th day of 4 he r , 2014, by
and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as "City," and, THE NEST COLLECTIVE, LLC, with a mailing address
of 570 Prospector Trail, Bozeman, MT 59718, hereinafter referred to as "Contractor."
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 enter this Agreement with Contractor to perform for City
professional services described in the Scope of Services attached hereto as `Attachment A' and by
this reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate one year later unless extended upon mutual agreement of the Parties in
accordance with Part 30 of this Agreement. In no case will this Agreement run longer than a period
of three (3) years from the date of its initial execution.
3. Scope of Work: Contractor will perform the work and provide professional services
in accordance with the requirements of the Scope of Services provided as `Attachment A' to this
Agreement. Scope of work for extended agreement terms will be mutually agreed by the Parties
prior to extending the agreement. For conflicts between this Agreement and the Scope of Services,
unless specifically provided otherwise,the Agreement governs.
4. Payment: For the initial one-year agreement term,the City agrees to pay Contractor
an amount not to exceed $70,000 for 'time services' completed in the performance of the agreed
Scope of Services. Time services will be billed at a rate of seventy-five dollars per hour ($75/hr)
regardless of the task, service performed, or individual performing the work. Outside costs for
media, printing, photography, talent, etc., are not considered time services and will be billed
separately from time services. A mark up of 15% will apply to outside costs unless otherwise
negotiated or paid directly by the City. Any addition, alteration, or deviation to the agreed Scope of
Services that involves costs for time services beyond the Agreement amount will be considered an
additional time service performed by Contractor. Any additional time services must be agreed to in
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writing by the City's Public Works Director, or authorized representative, prior to undertaking the
work.
5. Contractor's Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor 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, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor 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,
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/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor 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. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor 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. Contractor shall maintain workers' compensation coverage for all members and
employees of Contractor's business, except for those members who are exempted by law.
Contractor 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.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor's employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor's
normal place of business and shall be made no later than the first day of services provided under
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
7. Indemnitv/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney's fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit and
without regard to the cause or causes thereof or the negligence of any party or parties that may be
asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's
agents
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, Iosses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor's agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s)which would otherwise exist as to such indemnitee(s).
Contractor's indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor's
applicable insurance policies required below the indemnitee 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 Contractor was obligated to defend the claim(s) or
was obligated to indemnify the indemnitee for a claim(s) or any portion(s)thereof.
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In the event of an action filed against City resulting from the City's performance under this
Agreement,the City may elect to represent itself and incur all costs and expenses of suit.
Contractor 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.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor's expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers' Compensation— statutory;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• The Contractor shall maintain automobile liability throughout the term of this
Agreement either through automobile insurance obtained by Nest Collective LLC or
each of the Contractor's principles or members may obtain and carry personal
automobile liability insurance.
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. 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 the Commercial General Liability policy. The insurance and required
endorsements must be in a form suitable to City and shall include no less than a sixty (60) day
notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2)
business days of Contractor's receipt of notice that any required insurance coverage will be
terminated or Contractor's decision to terminate any required insurance coverage for any reason.
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The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor's Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor's right to proceed with all or any part of the work ("Termination Notice
Due to Contractor's Fault"). The City may then take over the work and complete it, either
with its own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor ("Notice of Termination for City's
Convenience"). The termination shall be effective in the manner specified in the Notice of
Termination for City's Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
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c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City's Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor's damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City's Representative: The City's Representative for the purpose of this
Agreement shall be Craig Woolard, PhD. PE, Director of Public Works or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to Craig Woolard as the City's Representative and approvals or
authorizations shall be issued only by such Representative; provided, however, that in
exigent circumstances when City's Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as listed above
and may receive approvals or authorization from such persons.
b. Contractor's Representative: The Contractor's Representative for the
purpose of this Agreement shall be Rebecca Edwards or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to
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Contractor's Representative; provided, however, that in exigent circumstances when
Contractor's Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not Iimited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor 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 Contractor shall be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-
Contractors providing services under this agreement.
15. Intoxicants: DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
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continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and AssiEnability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor'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.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor's compliance with the
requirements of this Agreement. Contractor 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 Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. 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.
19. 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.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
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b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor's indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case. however, may this Agreement run
longer than three (3) years after the date of execution.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA j i 4 // / ,II CTi vP L( �-
CONTRACTOR(Ty e Name/Above)
CSLA, I I 1-
By ' i 5 By
Chris Kukulski, City Manager
Print Name:
Print Title: /( bec(a. c -6/v6. . cyca-,i,c,3
V
APPROVED AS TO FORM:
By (�'
Greg S van, Bozeman City Attorney
Professional Services Agreement for Public Works Department Public Relations Services
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the nest collective
City of Bozeman Public Works Department
Professional Services for Public Relations
Attachment A - Scope of Services
www.thenestbzn.com 406-209-6868
Scope of Services
The Nest Collective is a team of communications professionals with over 50 years
combined experience developing and executing high-level communications plans.
Please see our exact experience below as it relates to each component of the Scope
of Services.
Scope of Services:Item I
Development of an over-arching strategic communications plan for the PWD.
Through our individual businesses, and as The Nest Collective, we've personally
developed and executed many high-level strategic communications plans
for governmental agencies, private companies, and non-profit organizations.
Several examples include: the Montana Office of Tourism, whereby we created
a public relations strategy and department from the ground up,taking the
return on investment from $5 million dollars to $15 million dollars in only three
years. Additionally, our members brainstormed and developed conservation
communication strategies for national and state-wide conservation organizations
such as Resource Media (examples of which can be described privately however
due to contract confidentiality agreements cannot be written into a public document),
the American Fly Fishing Trade Association (Tinting Mine Opposition, Clean Water
Act), Whitefish Legacy Partners (Legacy Lands Campaign), Western Conservation
Foundation (examples of which can be described privately however due to contract
confidentiality agreements cannot be written into a public document) and the City of
Bozeman Public Works Department.
Scope of Services:Item 2
On-going support and continued development of the Bozeman Street
Report including preparing creative materials, media buys, weekly radio
announcements, social media, and interactive web content.
The Nest Collective developed the Bozeman Street Report in coordination with the
PWD to better inform residents and visitors to Bozeman of closures and delays from
construction and infrastructure maintenance projects. We created the logo, executed
media buy outlets and strategies, coordinated and recorded radio spots, managed
web content and created and scheduled social media posts. The Nest Collective
possesses extensive experience in all of these areas thanks to our work with the
Great Falls Clinic(creative materials and radio spots) and with Resource Media and
AFFTA(social media content/scheduling and website management).
Scope of Services:Item 3
On-going support and continued assistance with the Solid Waste division single-
stream recycling service media campaign, and other services such as compost
and brush pickup, including preparing creative materials, media buys, radio
announcements, social media, web content, and equipment/supplies advertising.
The Nest Collective was tasked with developing a marketing strategy to increase
solid waste and recycling customers and increase program awareness and revenue.
We created a cohesive strategy that included print media, online media, radio, radio
Attachment A:Scope of Services-Tne Nest Co!IecUve LLC 2
sit-ins, PR efforts, partnerships and environmental marketing to raise awareness of
the City of Bozeman's Solid Waste Division and services. Solid Waste customers, and
especially Single-Stream Recycling customers, have increased in the past 18 months
due to our efforts
Scope of Services:Item 4
Developing marketing and branding for the Water Conservation division
including logo and slogan creation, website development, community surveys,
assisting with education and outreach materials/campaigns, public engagement,
media buys, and equipment/supplies advertising.
The Nest Collective has been involved in the IWRP and the beginning stages of
the water conservation program for the last 12 months, assisting in steering the
development of the program. We're eager to continue to assist this new outreach
and educational effort. With our work developing conservation strategies and
programs with Whitefish Legacy Partners and Western Conservation Foundation, we
understand the need for community investment and the importance of partnerships.
We have extensive history with creating new marketing and branding strategies
through work with the City of Bozeman Better Bozeman Project (logo, communication
platform), the Center for Large Landscape Conservation (logo, brand platform,
website development), District 7 Human Resources Development Council (brand
platform, print advertising, outreach materials, website development) and Great Falls
Clinic (brand platform, print campaign, outreach, media buys, equipment/supplies
advertising), survey development(AFFTA and Resource Media) and social media
development and equipment advertising (COB Single-Stream Recycling truck wrap).
Scope of Services:Item 5
Assisting the Stormwater division with public engagement activities including
education and outreach material/campaign development, community events,
website development, MS4 discharge permit compliance issues, and stormwater
utility enhancement.
The Nest Collective has been working with the PWD regarding developing a
preliminary outreach and education program for Stormwater for the last 12 months.
The Nest has extensive experience working with the Department of Environmental
Quality and the Environmental Protection Agency, including a large working
knowledge of MS4 discharge permits, compliance issues, watershed health as well
as the history of the City of Bozeman's stormwater system and the trajectory the
upgraded utility will move towards. Additionally, The Nest has worked extensively
with water quality organizations such as Trout Unlimited (national and the Montana
chapter), the Greater Gallatin Watershed Council, Blue Water Task Force and more.
Scope of Services:Item 6
Assisting the Streets division with public engagement activities including
education and outreach material/campaign development for streets division
services such as fall leaf pickup, snow plowing, and spring cleanup.
The Nest Collective developed a suite of proactive, engaging collateral pieces
and print ad campaigns and online to promote leaf clean up, sidewalk shoveling
Attachment A Scope of Services-The Nest Cohective.LLC 3
and snowplowing for PWD that dovetailed with messaging from the Bozeman
Street Report We are keen to continue that effort and develop new strategies
to communicate the importance of property management that positively effects
neighbors and residents.
Scope of Services:Item 7
Assisting the Engineering division with public engagement activities including
education and outreach material/campaign development for issues such as
sidewalk snow removal, sidewalk trip hazard removal, SID creation community
outreach, development review procedures, floodplain mapping, capital projects
construction, and long-range infrastructure planning.
The Nest Collective has a comprehensive history of critical thinking and strategy
development regarding issue-based projects. Thanks to our previous work with
the PWD, we are already familiar with SID creation and have assisted in outreach
regarding the Story Street SID. Additionally, we possess in-depth knowledge of
floodplain mapping and issues with current inaccuracies on the FEMA map as well
as floodplain insurance changes and rate increases. We have also been consulting
with the current PW Director regarding long-range infrastructure planning and
incorporating outreach and education to this forecasting.
Scope of Services:Item 8
Assisting the Water and Sewer division with public engagement activities
including education and outreach material/campaign development for issues
such as smart water metering, water meter replacement, backflow prevention,
leak detection and repair, hydrant flushing, sewer flushing, and sewer service
root intrusion.
The Nest Collective greatly enjoyed working with the Water and Sewer department
for the past WaterFest event, as well as learning about the smart metering program.
With our previously detailed experience, we are well-equipped to continue outreach
and education efforts.
Scope of Services:Item 9
Assisting the Water Treatment division with public engagement activities
including education and outreach material/campaign development for issues
such as drinking water supply, drinking water quality, municipal watershed
health, drought preparedness, and municipal watershed projects.
On the heels of a successful Water Treatment Plant ribbon cutting, The Nest
Collective already has a considerable working knowledge of the water treatment
plant and the cutting-edge technologies such as the membrane filtration system and
the flocculation tanks now featured in the $40 million plant. Additionally, The Nest
has been working intimately with the US Forest Service to develop a communications
strategy regarding the Bozeman Municipal Watershed (BMW). Our goals here are
twofold: to deliver logistical information regarding the eventual forest management
and thinning project that will (likely) commence within the next 12 months, as well
as provide greater awareness to the Bozeman community regarding the origins of
drinking water and the opportunity to become better stewards of these public lands.
Attachment A.Scope of Services-Tie Vest Coiieci ve,LLC
Scope of Services:Item 10
Assisting the Water Reclamation division with public engagement activities
including education and outreach material/campaign development for issues
such as watershed health and discharge permit compliance_
With our background and awareness of MS4 discharge permits and non-point-
source issues, we are well-equipped to develop and deliver appropriate messaging
regarding our water reclamation facility as well as the stormwater utility.
Scope of Services:Item 11
Preparation of media releases and continuous engagement with local media
outlets.
We have over 15 years of experience writing and disseminating media releases
not only for the City of Bozeman but also for the Montana Office of Tourism, AFFTA,
Whitefish Legacy Partners, Partners Creative, MercuryCSC, Business for Montana's
Outdoors, and many more. We have been working closely with the Bozeman media
on behalf of the PWD for the last 16 months.
Scope of Services:Item 12
Identification and coordination with community partners and stakeholder groups
to assist the overall effectiveness of PWD public communications.
The Nest Collective is pleased to have worked with existing partners to the PWD, and
is looking forward to developing new alliances. The USFS, Gallatin Valley Land Trust,
Greater Gallatin Watershed Council, Trout Unlimited and the Gallatin Association of
Realtors are all examples of collaborators during the past 16 months of work with the
PWD. We look forward to the opportunity to grow this list in numbers and depth.
Scope of Services:Item 13
Additional public communication and outreach activities as required by the PWD.
Since The Nest Collective has been under contract to provide marketing and
communications assistance for the Solid Waste Division and the Bozeman Street
Report, our team has repeatedly gone above and beyond to assist in any additional
projects as assigned by the PWD. Examples include the IWRP, BMW, landfill, and
many more.We look forward to continuing this dedication to PWD.
Proposed approach to developing an over-arching strategic communications plan for the
PWD.
While the City of Bozeman Public Works Department provides the vital cogs of any
community— streets, sidewalks, drinking water, refuse services, sewer systems and
more—residents tend to simply consider these efforts as "givens." More often than
not, Bozemanites notice their city's infrastructure only when it inconveniences them:
the "annoying" construction project that alters their commute.That"dangerous"
pothole that causes a bike wreck. A "frustrating" water outage. In short, a negative
conversation is too often the only one about Public Works.
The Nest Collective adamantly believes in changing that narrative within the Bozeman
Attachment A Scope of Services-7re Nest Collectve.LLC 5
community Drawing from our extensive experience in effective communications, our
proposed strategic communications plan will broadcast the PWD's successes, as well
as being transparent and proactive when things go awry,to the Bozeman community
in a positive, proactive, and engaging manner. Bozeman recently won several
awards in popular magazines such as Outside for being the most desirable mountain
community to play and raise a family in.Without clean water, bike-friendly streets, and
easy services like single-stream, curbside recycling, Bozeman would not be such an
attractive destination. By telling these positive infrastructure stories to our community
in an informative and inspiring way,we will garner more investment in the PWD, and
in turn swell the pride of our community. When there are utility tax increases, such as
stormwater, citizens will understand that they are paying to make our community better.
Overall,we believe these stories will help will help the community see that the things
they often take for granted are actually important community assets, and that their
maintenance is exactly what makes our community so ideal.
The first step in developing our strategic communications plan is a period of
"discovery." Our team will meet with directors and supervisors of the PWD, unearthing
stories and issues worth telling. We'll catalog all of these opportunities to engage the
community in a comprehensive GAANT chart, highlighting the best outreach methods
while setting appropriate timelines. With our GAANT chart complete, we can look
at a glance at a large-scale plan of ALL of PWD's stories, programs, opportunities
and issues, giving us the insight to efficiently(and effectively) roll out messaging
strategies.
Using what we've learned in the discovery phase,we'll also craft a consistent,
appealing brand for the PWD—one that both engages and reassures citizens. By
setting brand guidelines, we'll ensure that all PWD communications adhere to
one voice and style that both resonates with residents, and remains stable and
recognizable as PWD, no matter what media platform.
As for media platforms, The Nest Collective is well aware that our community tax
dollars support the PWD budget. Our strategic communication plan will prioritize
conservative media buying as well as a proactive earned media component.
Since The Nest has already worked with PWD on the Bozeman Street Report and
other issues, we've built healthy relationships with all local media outlets. These
relationships will be key as we earn positive editorial stories and simple engagement
on PWD issues. Low-cost and no-cost will lead our discussions as we craft our
communications plan.
The Nest has already proven that the PWD's outreach can be both inexpensive and
effective, allowing us to do more with limited dollars. Our plan would continue to
create change without overspending, inspired by the success of past efforts like
social media portals and outreach (Bozeman Street Report as well as posts to City
of Bozeman social media pages), radio sit-ins, media releases, and non-traditional
marketing like the chalk art surrounding WaterFest. We will once again capitalize on
our partnerships with other groups to broaden our message (Gallatin Valley Land
Attachment A Scope of Services-The Nest Cc:.ectve.LLC 6
Trust, Greater Gallatin Watershed Council, etc.), as well as editorial columns (such
as Craig Woolard's Bozeman Daily Chronicle column as well as Becky Edwards'
Bozeman Magpie column and quarterly BDC conservation column).
Studies prove that a "layered" communication technique results in exponentially
better message retention, so we will judiciously evaluate and execute media buys
and campaigns to speak to citizens on multiple levels. In that vein,The Nest has
been very successful with the Solid Waste Department as well as the Bozeman
Street Report in utilizing media buys in print, online, radio spots and statement
stuffers to effectively reach residents in a variety of different methods. As we develop
our strategic communications plan,we will once again incorporate these proven,
effective methods.
Furthermore, we believe that to engage our community,the PWD needs to be a
visible part of that community. We've already raised public awareness for water
conservation with the Music On Main Water Station, as well as the high quality of
our city drinking water and its origins. To that end, our strategic communication
plan will include placing PWD at the heart of important hometown events like the
Homecoming Parade, the Farmer's Market, Catapalooza and Pecha Kucha nights. We
will also rely on our event-planning acumen to plan City-specific events, capitalizing
on the success of our Better Bozeman Project.
In crafting our communications plan,we will take into account not only Bozeman
citizens, but another crucial audience: partners of the PWD. In the past,the PWD has
forged several partnerships with large-scale governmental agencies as well as local
and state politicians. For instance, The Bozeman Municipal Watershed project is just
one instance of PWD collaborating with a governmental agency for positive change.
We will help PWD communicate with groups such as these to partner on these
engagement opportunities to ensure consistent messaging. Other opportunities exist
with the Environmental Protection Agency,the Department of Environmental Quality,
Montana Department of Transportation and many more.
To grow these mutually beneficial partnerships further, our plan would include
provisions to help PWD to factor in communication with local, state and federal
politicians regarding developments and projects within the PWD. Ensuring awareness
of PWD projects and efforts to continue to improve the Bozeman community to
these public servants is a feather in their caps as well as the PWD's. An example
of such communication was the new water treatment facility ribbon cutting event,
which The Nest organized and executed. This event drew a crowd of over 60 with
representation from the City of Bozeman Mayor as well as representatives from both
senator's offices.
All of these strategies and skills will combine to create a solid, comprehensive
plan for the PWD. But to simplify our guiding philosophy: we will craft our strategic
communication to expose the good the PWD does on a daily basis—things like
smart water metering, innovations in the GIS department, an award-winning water
treatment plant. We feel our work with the PWD has already created a friendlier, more
Attachment A:Scope of Services•Tire Nest Collect✓e.LLC i
transparent voice for infrastructure, helping the public create positive associations
about where their tax dollars go. We look forward to capitalizing even further on that
momentum.
As our Discovery Phase progresses, we can better determine the most appropriate
course of action for the PWD. Please see our GAANT chart on the following page for
more specifics on our methods, timing and tasks.
TOPLINE TASKS
• Discovery
• Communications Plan Development(GAANT chart with detail)
. Review of goals from GAANT chart on a monthly basis
- Methods to measure effectiveness
Attachment A-Scope of Services-The Nest Collect ree LLC8
City of Bozeman-Public Works Department-Proposed Scope of Work Timeline
SUMMER FALL WINTER SPRING JI
Scope of
Services June July August September October November December January February March April May
Development of an over-arching
stralegic communications plan for
Item 1 the PWD
On-going
support and
On-going support and continued development of the Bozeman Street continued
Report including preparing creative materials,media buys,weekly radio development
announcements,social media and interactive web content.(Will continue to of the Bozeman
Item 2 run May through Snptemberfor constrpction communication) Street Report-.
On-going support and continued
assistance with the Solid Waste
division single-stream recycling
service media campaign,and other
services such as compost and •
On-going brush pickup,including preparing On-going
support and creative materials,media buys,radio support and
continued announcements,social media,web continued
assistance with content.and equipment/supplies assistance with
the Solid Waste advertising (Compost May/June, the Solid Waste
Item 3 division . Recycling late summer and fall) division
Developing marketing and branding for the Water Conservation division including logo and
slogan creation,website development,community surveys,assisting with education and
outreach matenalslcampaigns,public engagement,media buys,and equipment/supplies
advertising.(Survey to start asap upon award of contract,balance of project to be scheduled and
Item 4 coordinated upon survey completion)
Assisting the Stormwater division with public engagement activities including eduation and outreach material/campaign development,community events,website development,M54 discharge permit compliance issues,and slormwater
Item 5 utility enhancement,(We will capitalize on the draft outreach and education plan The Nest has been working on with COB staff Ongoing and dependent on individual project and communication needs) 11
Assisting the Streets division with public engagement activdes including actuation and outreach Assisting the
material/campaign development for streets division services such as fall leaf pickup,snow Streets division
plowing,and spring cleanup.(Snowplowing October through February and potentially March with public
dependent on weather,Fall Leaf Pickup October/November dependent on weather,Spring engagement
Item 6 Cleaning in May Other activities based on need) activities
Assisting the Engineering division with public engagement activities including education and outreach materrallcampaign development for issues such as Sidewalk snow removal,sidewalk trip hazard removal.SID creation community
outreach,development review procedures,floodplain mapping,capital projects construction,and long-range infrastructure planning (Sidewalk snow removal communication November through February depending on weather,sidewalk
item 7 trip hazard removal spring and summer,the balance of the scope is ongoing and dependent on individual project and communication needs)
Assisting the Water and Sewer division with public engagement activities Including education and outreach material/campaign development for issues such as smart water metering,water meter replacement,backflow prevention,lead
Item 8 detection and repair,hydrant flushing,sewer flushing,and sewer service root Intrusion.(BMW Communication Plan development and implementation.Ongoing and dependent on individual project and communication needs)
Assisting the Water Treatment division with public engagement activities including education and outreach materraVcampaign development for issues such as drinking water supply,drinking water quality,municipal watershed health,
Item 9 drought preparedness,and municipal watershed projects(Ongoing and dependent on individual project and communication needs)
Assisting the Water Reclamation division with public engagement activities including education and outreach material/campaign development for issues such as watershed health and discharge permit compliance.(Ongoing and
Item 10 dependent on individual project and communication needs)
Preparation of media releases and continuous engagement with local media outlets (Communication with regional media will continue to build upon well established relationships Ongoing and dependent on individual project and
Item 11 communication needs)
Item 12 Identification and coordination with community partners and stakeholder groups to assist the overall effectiveness of PWD public communications (Ongoing and dependent on Individual project and communication needs)
Item 13 Additional public communication and outreach aclivilies as required by PWD(Ongoing and dependent on individual project and communication needs)
Proposed Annual Budget
The Nest Collective will charge an hourly rate of$75 regardless of the task, service
performed or individual working on the project/assignment. Outside costs such
as media and printing are marked up at an industry standard rate of 15% unless
otherwise negotiated or paid directly to the media outlet by the client.
The budget chart below shows what a budget of$70,000 may look like based on the
Scope of Services outlined and does not include projects or campaigns not included in
the Scope of Services. Once we begin the discovery phase of each Scope of Services
item,firm budgets, campaign materials and timelines will be created.
Paid
Scope of Services Times Media Printing Total
1 Development of an over-arching strategic communications plan for the PWD. I $3,750 $0 $0 $3,750
(50 hrs)
2 On-going support and continued development of the Bozeman Street $5,250 $15,000 $50 $20,300
Report including preparing creative materials,media buys,weekly radio ' (70 hrs)
announcements,social media,and interactive web content.
3 On-going support and continued assistance with the Solid Waste division single- i $2,750 $2,500 $500 I $5,750
stream recycling service media campaign,and other services such as compost
(36 hrs)
and brush pickup,including preparing creative materials,media buys,radio
announcements,social media,web content,and equipment/supplies advertising
4.Developing marketing and branding for the Water Conservation division $7,000 $3,000 $2,200 $12,200
including logo and slogan creation,website development,community surveys. (93 hrs)
assisting with education and outreach materials/campaigns,public engagement,
media buys,and equipment/supplies advertising.
5 Assisting the Stormwater division with public engagement activities including $3,000 TBD TBD $3,000
education and outreach material/campaign development,community events. (40 hrs)
website development,MS4 discharge permit compliance issues,and stormwater
utility enhancement
6.Assisting the Streets division with public engagement activities including $2,200 $800 $0 $3,000
education and outreach material/campaign development for streets division (30 hrs)
services such as fall leaf pickup,snow plowing,and spring cleanup.
7 Assisting the Engineering division with public engagement activities including $3,000 $800 $200 $4,000
education and outreach material/campaign development for issues such as (40 hrs)
sidewalk snow removal,sidewalk trip hazard removal,SID creation community
outreach,development review procedures,floodplain mapping,capital projects
construction,and long-range infrastructure planning
8.Assisting the Water and Sewer division with public engagement activities $3,000 TBD TBD $3,000
Including education and outreach material/campaign development for issues (40 hrs)
such as smart water metering,water meter replacement,backflow prevention,
leak detection and repair,hydrant flushing,sewer flushing,and sewer service
root intrusion.
9 Assisting the Water Treatment division with public engagement activities $3,000 TBD TBD $3.000
including education and outreach material/campaign development for issues (40 hrs)
such as drinking water supply,drinking water quality,municipal watershed health,
drought preparedness,and municipal watershed projects �
10.Assisting the Water Reclamation division with public engagement activities $3,000 TBD TBD $3,000
including education and outreach material/campaign development for issues (40 hrs)
such as watershed health and discharge permit compliance.
11.Preparation of media releases and continuous engagement with local media $3,000 TBD TBD $3,000
outlets. (40 hrs)
12.Identification and coordination with community partners and stakeholder groups $3,000 TBD TBD $3.000
to assist the overall effectiveness of PWD public communications. (40 hrs)
Attachment A'Scope of Services-Tie Nest Collective.LLC 10
13 Additional public communication and outreach activities as required by the $3,000 TBD TBD $3,000
PWD (40 hrs)
Proposed Annual Budget for the Completion of Scope $44,950 $22,100 $2,950 $70,000
Generally Described in this RFP. (600 hrs)
' Hours have been rounded.
Attachment A:Scope of Services-T-e Nest Co nct ie.LLC 11