HomeMy WebLinkAboutC2. Strategic Plan
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Kukulski, City Manager
SUBJECT: Strategic Plan Request for Proposal
MEETING DATE: Monday, November 2, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve and authorize the City Manager to open the City of
Bozeman Strategic Plan Request for Proposal for advertising.
BACKGROUND: The purpose of this Request for Proposal (RFP) is to seek proposals to
establish a clear vision, and strategic plan to accomplish this vision, for the City of Bozeman
through a process involving significant public engagement. The City of Bozeman looks to
establish a contract through competitive negotiation for the development and implementation of
a Strategic Plan that can be used to guide the City through successful growth, decision-making,
budgeting, and resource allocation.
Upon approval, the RFP will be open for bids until December 1, 2015.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: The Strategic Plan has been accounted for in the FY2016 budget, with
$125,000 allocated in the City Manager’s general fund for strategic vision consulting.
Attachments: Request for Proposal
Report compiled on: October 28, 2015
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REQUEST FOR PROPOSAL
STRATEGIC PLAN
CHRIS KUKULSKI, CITY MANAGER
BOZEMAN, MONTANA
NOVEMBER 2, 2015
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2015 Strategic Plan RFP 1
TABLE OF CONTENTS
1. Purpose ............................................................................................................................................................. 2
2. Background ....................................................................................................................................................... 2
2.1. Description of Organization ..................................................................................................................... 2
2.2. Statement of Needs ................................................................................................................................. 2
3. Specifications for Strategic Planning Facilitation .............................................................................................. 3
3.1. Scope of Work .......................................................................................................................................... 3
4. Proposal Preparation and Submission Instructions .......................................................................................... 4
4.1. Proposal content ...................................................................................................................................... 4
4.2. Delivery of Proposals ............................................................................................................................... 5
4.3. RFP Availability ......................................................................................................................................... 5
4.4. Non‐Discrimination Policy ....................................................................................................................... 6
5. Evaluation and Award Criteria .......................................................................................................................... 6
5.1. Review of Proposals ................................................................................................................................. 6
5.2. Award of Professional Service Agreement .............................................................................................. 6
5.3. Project Timeline ....................................................................................................................................... 6
6. Attachments ..................................................................................................................................................... 7
Attachment A: Non‐Discrimination Affirmation Form .......................................................................................... 7
Attachment B: Sample Professional Services Agreement ..................................................................................... 7
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2015 Strategic Plan RFP 2
1. PURPOSE
The purpose of this Request for Proposal (RFP) is to seek proposals to establish a clear vision and strategic plan to
accomplish this vision, for the City of Bozeman. The City of Bozeman looks to establish a contract through
competitive negotiation for the development and implementation of an inspiring Vision and Strategic Plan that can
be used to guide the City through successful growth, decision‐making, budgeting, and resource allocation.
2. BACKGROUND
2.1. DESCRIPTION OF ORGANIZATION
The City of Bozeman (“COB”) is a dynamic, innovative, and growing community. In fact, between 2000 and 2015
Bozeman grew by over 40%, to a population of approximately 40,000 residents. Bozeman is also home to Montana
State University, the state’s largest and fastest growing university with over 15,000 students and $100M in annual
research expenditures. Bozeman is the business and services hub for a four county area, and is quickly becoming a
national player. The Bozeman Yellowstone International Airport has recently become the busiest airport in
Montana for passenger service, and a number of globally‐recognized employers call Bozeman home, including
Gibson Guitars, Simms Fishing Equipment, and Oracle, to name a few.
According to Policom, Bozeman’s economy has ranked among the top ten of 536 micro‐politan economies in the
US nine of the past ten years. This is a result of our diverse economy which includes high‐tech, manufacturing,
photonics and optics, the outdoor industry, bioscience and pharmaceuticals, and healthcare. Bozeman has a
highly educated and extremely entrepreneurial population; 54% of Bozeman residents earned a bachelor’s degree
or higher level of education and Bozeman is host to more start‐up companies per capita than anywhere else in the
nation.
Integrity, leadership, service, and teamwork are the core values of our organization and provide a framework for
our employees, community volunteers, and citizens. Our professional staff is made up of educated, licensed, and
experienced accountants, attorneys, engineers, police officers, firefighters, parks and recreation professionals,
public works professionals and planners working to maintain Bozeman's vision as the "Most Livable Place." In
addition, to the vision and core values, the City's mission, "To enhance the quality of life through excellence in
public service", gives guidance to the staff as they fulfill their commitment of providing sound professional advice
to our elected officials and assist them in their daily approach to servicing our vibrant community. The vision was
developed by Bozeman’s staff prior to 2004 and did not include a community engagement process.
The City of Bozeman was settled in 1863 and incorporated in 1883. The City operates under a citizen‐approved
charter which provides flexibility not available to all local governments in Montana. The City of Bozeman is a
Commission / Manager form of government, as established by ordinance in 1922, with an elected Municipal Judge.
These three entities form the legislative, executive, and judicial branches of government.
As our community continues to grow, our leadership team is implementing the organization’s vision of developing
Bozeman as a world‐class community where students, families, and entrepreneurs choose to live and realize their
personal and professional aspirations, whatever our size.
2.2. STATEMENT OF NEEDS
The City of Bozeman is seeking proposals from consultants qualified to provide professional consulting services to
complete a city‐wide visioning and Strategic Plan. Specifically, the COB expects a plan that includes a defined
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2015 Strategic Plan RFP 3
vision, mission, long term goals, and standards for prioritization to accomplish the vision over the next 25 years.
The plan will examine our community’s growth patterns and demographics, and identify the need for service with
respect to future trends and growth.
The successful firm will provide strategic plan development services and strategic plan implementation services, to
include analysis and incorporation of available data and information, collaboration with the City Commission, City
staff, and public, to facilitate the successful development and implementation of the City’s Strategic Plan that can
be developed and executed within a determined time period. The City has a long tradition of preparing land use
plans and facility specific plans. It is not intended that the strategic plan supplant this work. The Strategic Plan will
establish a larger vision and blueprint for incorporating and implementing these pieces as a whole and will be the
foundation that "informs” future departmental and/or service delivery plans.
More specifically, the Strategic Plan must include the following elements:
Vision
Methodology
Strategic Plan Development Services
Operational and Administrative Framework
Implementation Plan
Plan Update Process
Deliverables
3. SPECIFICATIONS FOR STRATEGIC PLANNING FACILITATION
3.1. SCOPE OF WORK
The preliminary scope of work involved for this project is outlined below. Additional tasks and work elements may
be added during contract negotiations. It is also possible that tasks or elements could be deleted through
negotiation. In its proposal, the consultant may recommend addition/deletion of tasks or modification of tasks in
describing its particular understanding and approach for the project.
Proposals must clearly identify any elements of the proposed scope of work that would not be provided by the
prime consultant. Any sub‐consultants which comprise the overall consultant team must be identified along with a
description of past working history between the firms.
The COB desires to complete the proposed work in a diligent manner. Proposals must clearly indicate the
consultant’s anticipated schedule given their staffing and current and projected workload commitments as well as
an appropriate level of community engagement to ensure meaningful community participation in the completed
plan. The City will concurrently have updates to the Transportation Master Plan and Water Master Plan going on at
the same time as the Strategic Plan. Immediately following the Strategic Plan we will be updating Bozeman’s
comprehensive land use plan. A successful proposal will either integrate or take advantage of these efforts. It will
also be important to draw off of the other plans adopted by the City, such as the Library Strategic Plan, Integrated
Water Resources Plan, Transportation Plan, Community Plan, Economic Development Plan, Downtown Bozeman
Improvement Plan, and the Parks, Recreation, Open Space and Trails (PROST) Plan.
Task 1 – Vision
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2015 Strategic Plan RFP 4
The consultant will establish, revise, and/or confirm the City of Bozeman’s organizational vision, mission, long term
goals, and standards for prioritization. The City of Bozeman is seeking clarity on our identity, purpose, and
outcomes that provide us with a long term perspective, as well as the ability to respond quickly to opportunities.
Task 2 – Methodology
The consultant will provide a description of the methodology of the design and management processes
incorporating an understanding of the goals and criteria of this project and how the firm intends to meet those
goals and criteria, fully incorporating public engagement in the process in a tangible way.
Task 3 –Strategic Plan Development Services
The consultant will provide services for the successful development and implementation of the City’s Strategic
Plan, including but not limited to:
1. Project initiation and process design
2. Facilitation of meetings that include the City Commission and City staff
3. Facilitation of public meetings and the use of technology to effectively solicit public input
4. Development of presentation strategy to present the plan to City staff and the public at key points to
collect input while still moving forward
5. Creation of draft work plan
6. Approval of work plan
7. Development of project implementation plan that includes strategies to achieve the outcomes of the
vision and Strategic Plan
Task 4 – Operational and Administrative Framework
An operational and administrative framework must be developed to identify who is responsible for undertaking
the actions necessary to implement each element of the plan, including communicating with the public about
those actions.
Task 5 – Implementation Plan
The consultant will provide a process for implementing the changes and measuring progress, including a priority
list of actions and resources needed to accomplish desired changes.
Task 6 – Plan Update Process
The consultant must describe a process and schedule for monitoring, evaluating, and updating the plan.
Task 7 – Deliverables
Six paper copies will be necessary, with the ability to print additional copies at a later date. An editable electronic
version will also be necessary for web viewing.
4. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS
4.1. PROPOSAL CONTENT
Proposals shall, at a minimum, include the following items:
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2015 Strategic Plan RFP 5
A cover letter providing a brief description of the firm or individual, name, address of consultant,
telephone number, email, and fax of principal contact person.
Executive summary of the highlights of the proposal, which should not exceed one page in length, but
convey the consultant’s understanding of the purpose and expected outcomes of the project.
A narrative describing the consultant’s particular understanding and approach for the project. Specific
challenges should be identified along with the unique solutions proposed to complete project tasks and
achieve project goals.
A proposed work plan indicating tasks to be accomplished, work schedule, consultant personnel expected
to perform each major task element, prior work history of consultant, person‐hours required to
accomplish each task, and the involvement anticipated of COB staff (and timing and nature of that
involvement).
A schedule of costs for providing planning services, including supplies, number of onsite visits and cost per
trip, video conference calls, community input, data gathering and analysis, and other costs associated
with the planning process.
Public engagement plan, possibly incorporating Bozeman’s Online City Hall service.
Qualifications of key individuals assigned to the project, their availability during the relevant time periods,
and their recent experience on similar projects.
References for whom key individuals of the consultant have performed similar work within the last five
years, and two examples of work produced under similar contracts including visions and strategic plans
with local governments (examples produced on projects utilizing the key personnel identified for this
proposal are preferred).
A completed and signed Non‐Discrimination Affirmation Form (see Attachment A).
4.2. DELIVERY OF PROPOSALS
Electronic searchable PDF files must be submitted no later than 5:00 PM on December 1, 2015 to the City Clerk at
agenda@bozeman.net. Proposals shall be presented in a neat and orderly fashion. Proposals shall not exceed
fifteen (15) pages in length, excepting resumes and examples of prior projects. The proposal and these documents
shall be combined into 1 single PDF. Please also provide one additional PDF containing the cost information, for
two PDF files total. Separate links and attachments will not be reviewed. For questions related to submittal please
contact the City Clerk’s Office at (406) 582‐2320 or stop by during regular business hours.
Responses received after 5:00 PM on this date will not be considered. This Request for Proposal will be published
in the Bozeman Daily Chronicle on the following dates:
Sunday, November 8, 2015
Sunday, November 22, 2015
4.3. RFP AVAILABILITY
This RFP will be posted on the City of Bozeman’s website: www.bozeman.net
In addition, the RFP may be distributed to individual consultants.
Questions related to content should be submitted to:
Chris Kukulski, City Manager
City of Bozeman
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2015 Strategic Plan RFP 6
PO Box 1230
Bozeman, MT 59771
(406) 582‐2306
ckukulski@bozeman.net
4.4. NON‐DISCRIMINATION POLICY
Any submitting entity under this invitation for proposal must sign and return the required affirmation stating that
they will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identify, or disability in the exercise of contract should it
be awarded to that entity. Each entity submitting under this notice shall also recognize in writing the eventual
contract will contain a provision prohibiting discrimination as described above and this prohibition on
discrimination shall apply to the hiring and treatment of the Contractor’s employees and to all subcontracts.
5. EVALUATION AND AWARD CRITERIA
5.1. REVIEW OF PROPOSALS
A consultant selection committee consisting of elected officials and key COB staff will choose, in its opinion, the
most qualified consultant to provide services required for the project. The highest ranking vendor(s) may be asked
to make formal presentations to the selection committee and administration. Proposals will be evaluated on the
following criteria.
The consultant’s specific project approach and understanding; 20%
Quality and effectiveness of the public engagement plan; 20%
Qualifications of professional personnel to be assigned to the project; 15%
Related experience on similar projects; 15%
Capability to meet project time and budget requirements; 10%
The consultant’s familiarity and understanding of Bozeman and Montana; 10%
Location of the consultant in relation to project; 5%
Present and project workloads. 5%
A determination of finalists to be interviewed will be made by the selection committee based on an evaluation of
written proposals received. Award will be made following contract negotiations to the most qualified consultant at
a price which the COB determines to be fair and reasonable taking into account the estimated value of services to
be rendered, as well as the scope, complexity, and professional nature thereof.
If the COB is unable to negotiate a satisfactory contract with the consultant initially selected at a price the COB
determines to be fair and reasonable, negotiations with that consultant will be formally terminated and the COB
will select another consultant and continue until an agreement is reached or the process is terminated.
5.2. AWARD OF PROFESSIONAL SERVICE AGREEMENT
5.3. PROJECT TIMELINE
It is anticipated that the project can begin in January 2016, and be fully completed by the end of July 2016.
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2015 Strategic Plan RFP 7
6. ATTACHMENTS
ATTACHMENT A: NON‐DISCRIMINATION AFFIRMATION FORM
_______________________________________ [name of entity proposing] hereby affirms it will not discriminate
on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or
perceived sexual orientation, gender identity, or disability in the performance of work performed for the City of
Bozeman, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a
provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and
treatment of the ____________________________________________ [name of entity proposing] employees and
to all subcontracts it enters into in the performance of the agreement with the City of Bozeman.
Signature of Proposer: ___________________________________________________________
Person authorized to sign on behalf of the proposer
ATTACHMENT B: SAMPLE PROFESSIONAL SERVICES AGREEMENT
See attached.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this_____, day of ___________, 20____ 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 Ave., Bozeman, Montana 59771,
hereinafter referred to as “City,” and, _________________________________________
“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
services of concrete installation work at City Hall with details shown on the attached site sheet 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 on the 30th day of____________________, 2015.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the attached site sheet and the details outlined in this category. For conflicts
between this Agreement and the Scope of Services, unless specifically provided otherwise, the
Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services for the construction work involved in the Concrete Installation Work. Any alteration or
deviation from the described services that involves additional costs above the Agreement amount
will be performed by Contractor after written request by the City, and will become an additional
charge over and above the amount listed in the Scope of Services. The City must agree in writing
upon any additional charges.
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
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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.
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
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this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, and as such, term
is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use
workers both skilled in their trade and specialized in their field of work for all work to which they
are assigned.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take to services shall be left to the discretion of Contractor; provided,
however, that Contractor shall bear all costs of any related legal action. Contractor shall provide
immediate relief to the City so as to permit the services to continue at no additional cost to City.
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.
7. Indemnity/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; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents;
or (iii) the negligent, reckless, or intentional misconduct of any other third party.
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, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
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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.
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
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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.
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 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.
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.
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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 work on the services provided, 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 discontinue services and shall do only
such work as may be necessary to preserve, protect, and maintain work already completed,
in progress.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs.
It is agreed that any materials that City is obligated to purchase for the Contractor will
remain the City’s sole property.
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.
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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 _______________________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 James Goehrung 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 ____________________ 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 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.
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, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
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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.
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
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 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 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
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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.
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.
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25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana and the parties expressly agree that venue will be in Gallatin
County, Montana, and no other venue.
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.
**** 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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chris Kukulski, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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