HomeMy WebLinkAbout01- Strahn, B. Derek; Professional Services - Professional Services Agreement
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AGREEMENT
This Agreement is made thisjj ~y ofJU )"7' ,2001, by and between CITY OF BOZEMAN, P.O. Box
1230, Bozeman, 'iontana, a Muni~ipa1 Corporatfon of the Sta~ontana, ("City"), and B. DEREK STRAHN,
("Consultant"), Iz. W. HllrrJIJJ43ozeman, Montana 5971
RECITALS
A. City desires to retain Consultant to furnish specific services of a professional nature.
B. Consultant agrees to furnish such services in accordance with the conditions herein provided and will carry out
the duties and obligations imposed by the Agreement.
C. The City of Bozeman designates the Director of Planning and Community Development as the representative
to administer this Agreement.
1. Agreement
Subject to the provisions herein set forth and in consideration of the mutual covenants herein contained, Consultant
agrees to furnish, and the City agrees to accept, certain specified services to include: administrative design review
of development proposals located within the Neighborhood Conservation Overlay District; advice and assistance
to Office of Planning and Community Development staff regarding historic preservation matters; up to 24 hours
of training and orientation of new historic preservation planner; being available to testify as an expert in any
proceeding arising out of services performed under this Agreement; and other duties pertaining to the City's
historic preservation planning program as mutually agreed upon by the consultant and the Director of Planning
and Community Development.
2. Payments and Compensation
For all services performed by Consultant under this Agreement, including all expenditures and expenses incurred
by the Coordinator, the City agrees to compensate Consultant at a rate of $30 per hour.
3. Indemnity
Consultant shall indemnify and hold harmless the City against any and all claims arising from the furnishing of
services provided for in this Agreement or caused by the services described in this Agreement.
4. Independent Contractor
Consultant acknowledges that the services rendered under this Agreement shall be solely as an independent
Contractor. Consultant shall not enter into any Agreement or commitment on behalf of City. Consultant further
acknowledges that he is not considered an affiliate or subsidiary of City, and is not entitled to any City employment
rights or benefits. It is expressly understood that this undertaking is not a joint venture.
5. Confidentiality
Consultant recognizes and acknowledges that this Agreement creates a confidential relationship between
Consultant and City and that information concerning City's business affairs, customers, vendors, finances,
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properties, methods of operation, computer programs, and documentation, and other such information, whether
written, oral, or otherwise, is confidential in nature. All such information concerning City is hereinafter collectively
referred to as "Confidential Information."
6. Non-Disclosure
Consultant agrees that, except as directed by City, it will not at anytime during or after the term of this Agreement
disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement
it will turn over to City all documents, papers, and other matter in its possession or control that relate to City.
7. Grant I Work Made for Hire
Consultant agrees that its work product produced in the performance of this Agreement shall remain the exclusive
property of City, and that it will not sell, transfer, publish, disclose or otherwise make the work product available
to third parties without City's prior written consent. Any rights granted to Consultant under this Agreement shall
not affect City's exclusive ownership of the work product.
8. Office Rules
Consultant shall comply with all office rules and regulations, including security requirements, when on City
premIses.
9. Conflict of Interest
Consultant shall not offer or give a gratuity of any type to any City employee or agent.
10. Governing Law
This Agreement shall be construed and enforced in accordance with the laws of the State of Montana. In the event
of dispute regarding the terms of this Agreement, the parties agree to attempt mediation of the conflict prior to
pursuing litigation.
11. Entire Agreement and Notice
This Agreement contains the entire understanding of the parties and may not be amended without the specific
written consent of both parties. Any notice given under this Agreement shall be sufficient ifit is in writing and if
sent by certified or registered mail.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above
written.
CONSULTANT
By:
B. Derek
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CITY OF BOZEMAN
By: ~\ -1 ~
Clark V. Johnson, City Manager
ATTEST:
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Robin L. Sullivan, Clerk of Commission
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